HomeMy WebLinkAboutOrdinance 1500ORDINANCE NO. 1500
AN ORDINANCE DECLARING THE ANNEXATION TO THE
CITY OF CENTRAL POINT OF A CONTIGUOUS PARCEL
OF PROPERTY ON TAYLOR ROAD WITHOUT AN ELECTION,
AND TO WITHDRAW SUCH PROPERTY FROM JACKSON
COUNTY FIRE PROTECTION DISTRICT NO. 3, BEAR
CREEK VALLEY SANITARY AUTHORITY AND THE ROGUE
VALLEY TRANSPORTATION DISTRICT, AND DECLARING
AN EMERGENCY
WHEREAS, the Council has elected pursuant to ORS 222.120
to dispense with an election in said annexation proceedings, and to
withdraw said property, if annexed, from Jackson County Fire Protec-
tion District No. 3, Bear Creek Valley Sanitary Authority, and Rogue
Valley Transportation District, and
WHEREAS, the Planning Commission of the City of Central Point
has recommended that the contiguous territory described in Section 1
of this ordinance be annexed to the City, and the owners of said
property, owning the land and. real property therein, have consented
in writing to the annexation, said consent having been heretofore filed
with the City in the manner prescribed by law, and
WHEREAS, the territory is contiguous to the City of_ Central
Point and situated within the Bear Creek Valley Sanitary Authority and
Jackson County Fire Protection District No. 3, and the Rogue Valley
Transportation District, and
WHEREAS, the City Council by Ordinance No. 1499 adopted on
August 19, 1983 dispensed with an election submitted to the registered
voters of the City the question of annexing said territory and set
7:00 P.M. on September 15, 1983 in the Council Chambers of the City
Hall in said city as the time and place of hearing hereon, and upon
the special district withdrawal of said territory, at which time and
place all interested persons were given an opportunity to be heard
on said questions, and
Ordinance No. 1500 _ 1
WHEREAS, notices of said public hearings were published
and posted in the manner and for the time prescribed by law and
public hearing was duly held by and before the City Council as
provided by law and by the terms of said ordinance and the published
and posted notices, and
WHEREAS, following said public hearing and after having con-
sidered all of the evidence, the City Council found that said annex.
ation would be in the best interests of the City and made the findings
of fact attached hereto, marked Exhibit "A" and by this reference
incorporated into the within ordinance, now therefore,
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. The following-described parcel of real property
situated in Jackson County, Oregon containing approximately 5.42
acres located on Taylor Road, which property is more particularly
described as follows:
Commencing at the Northwest corner of Donation Land Claim
No. 53 in Township 37 South, Range 2 West of the Willamette
Meridian in Jackson County, Oregon; thence North 89° 45'
East, along the North line of said claim, 941.16 feet to
the POINT OF BEGINNING: thence South 13.90 chains (917.40
feet); thence South 89° 49' 15" West 308.30 feet to the
Southeast corner of the tract described in Volume 203, page
1 of the Deed Records in Jackson County,. Oregon; thence
North 00° 15' West 747.01 feet (Record 747.40 feet) to the
Southwest corner of the tract described in Volume 527, page
511 of said Deed Records; thence North 89° 45' East 280.24
feet to the Southeast corner thereof; thence North 170.00
feet to a point which is South 89° 45' East 31.32 feet to
the point of beginning
be, and the same is hereby proclaimed to be, annexed to the City of
Central Point, Oregon.
Ordinance No. 1500 _ 2
Section 2. That the City of Central Point shall submit to
the Secretary of State of the State of Oregon a copy of this ordi-
nance, a copy of Ordinance 1499, and a copy of the complete consent
documents signed by the property owner within ten days of the effec-
tive date of this annexation, report this annexation to the County
Clerk, County Assessor and County Engineer of Jackson County, Oregon
and the Department of Revenue of the State of Oregon, all in the
manner required by law.
Section 3. The above described territory annexed to the
City of Central Point is hereby withdrawn from Rogue Valley Transpor-
tation District, Bear Creek Valley Sanitary Authority and Jackson
County Fire Protection District No. 3, and, pursuant to ORS 222.250,
the City of Central Point assumes and agrees to pay the amount of
taxes which would otherwise be extended each year against said with-
drawn property, which sums shall be paid to the City by the owners of
said property. The City Administrator shall forthwith file certified
copies of the within ordinance with the Jackson County Assessor and
with the governing bodies of Bear Creek Valley Sanitary Authority,
Jackson County Fire Protection District No. 3 and Rogue Valley Trans-
potation District.
Section 4. This ordinance being necessary for the immediate
preservation of the public peace, health and safety of the City of
Central Point, Ore~g~o~ based upon a need immediately upon passage
hereof, for construction of a water line to relieve an existing
health hazard, second reading is hereby waived and an emergency is
declared to exist, and this ordinance shall be in full force and
Ordinance No. 1500 - 3
effect immediately upon its passage by the Council and approval by
the Mayors
Passed by the Council and signed by me in authentication of
its passage this 15th day of September
1983.
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Mayor
EST:
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Approved by me this 16th day of September
~~
Mayor
1983.
ordinance Noa 1500 - 4
BEFORE THE PLANNING COMMISSION AND THE CITY COUNCIL OF THE
CITY OF CENTRAL POINT, OREGON:.
IN THE MATTER OF A REQUEST FOR ANNEXATION )
TO THE CITY OF CENTRAL POINT: A REQUEST )
FOR ANNEXATION OF PROPERTIES LOCATED IN )
TOWNSHIP 37S, RANGE 2W, SECTION 10, AND ) FINDINGS OF FACT AND
LOCATED ON TAYLOR ROAD IN JACKSON. COUNTY,. ) CONCLUSIONS
OREGON: )
Gentry McKinney, et al, APPLICANTS )
LaNier Associates,. AGENT )
GENERAL:
The following information is submitted in support of a request for
annexation of certain properties located in Jackson County, Oregon,
to the City of Central Point. The properties in question are within
the .Urban Growth Boundary of the City of Central Point, are contiguous
to the City Limits, and the request for annexation is specifically
desired due to failing water well .systems in the area.
The area to be annexed includes a property known. as the "Rustic
Mobile Home Park", which consists of property developed to contain
approximately 44 mobile home units, a single family dwelling and
other uses. Water in the territory to be annexed in this request. is
provided by wells; sewer is available from BCVSA. Property in the
area has been developed for a number of years; a complete legal
boundary description and a plat map of the area to be annexed are
submitted as exhibits to these findings.
In early 1983, Mr. Gentry McKinney, owner of the Rustic h1obile Home
Park, recieved notification from the testing laboratory performing
water quality tests for the park (including tests for fecal coliform)
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that the standard. drinking water test administered for well samples for
the park resulted in a positive test. Subsequent testing has indicated
that bacteriological contamination of the well system exists, with
fecal coliform and high nitrogen counts.
Subsequent efforts by Mr. McKinney, including new pumps and redrlled
wells., have failed to cure the contamination problem. Annexation of
the property and connection of the system to the City of Central Point
water system, alleviating. any dependence upon wells, appears to be the
only satisfactory solution to a substantial health hazard.
The following exhibits are submitted as part of ..these findings:
Exhibit 1: Petition for annexation signed by property owners
within the affected territory, representing a
majority of area, assessed valuation and population.
Exhibit 2: Legal Description
Exhibit 3: Plat trap showing affected area for annexation
Exhibit 4: Letters from the State Health Department, Jackson
County Sanitarian and testing laboratories attesting
to health. hazard in the affected area.
"LAND USE CRITERIA:
The affected property lies within the Urban Growth Boundary of the City -
of Central Point, is designated Medium Density on the Comprehensive Plan
Map for the City of Central Point, and is Zoned R-3 on the Central Point
Zoning Map. R-3 designations allow mobile home parks as.a conditional
use; since. the park is a pre-existing park, the applicant also would
request that if annexed, the property would continue to operate as a
pre-existing use and not be subjected to a separate application for a
conditional use permit. Other affected properties in the territory to
be annexed.. are Low Density Residential, R-1 designated.
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LEGAL FINDINGS:
Annexations to cities are controlled by State Statute, LCDC Administrative
Rules, and the appropriate provisions of the respective Municipal Code.
Since several of these criteria overlap, particularly when the City does
not have an acknowledged Comprehensive Plan, or an acknowledged Urban
Growth Boundary, these findings will refer to the appropriate statute,
administrative rule or municipal code provision as they apply, in
order to avoid duplication or repetition.
CONFORMANCE WITH OREGON STATE STATUTES:
This application and request for annexation. is submitted to comply with
the provisions of ORS 222.120, which permits cities to annex properties
by ordinance after the appropriate hearing proceedings. This application
conforms with the criteria of ORS 222.120(2)(b) in that
"...the territory is annexed to the city where landowners
in the contiguous territory consented in writing to such
annexation, as provided in ORS 222.170, prior to the public.
hearing held under the provisions of subsection (1) of this
section..."
Section 222,.170 is commonly refered to as the "triple majority" test
..
that states that landowners. in the property to be annexed must have
consented to the annexation, and provides. that
"....more than half the owners of land in the territory, who
also own more than have.of the land (area) in the contiguous
territory and of real property therein representing more than
half of the assessed value of all real property in the contig-
uous territory, consent in writing..."
Further,. ORS 222.120(2)(c) provides that cities can annex by ordinance
if .the Health Division, prior to the public hearing as required. in
ORS 222.120(1) has issued a finding that a public health. danger exists
within the territory to be annexed.
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Annexation: Page 4
Based upon the information contained in Exhibits 1 through 4, the
Planning Commission and the City Council of the Gity of .Central Point
can find:
(1) That a majority of the property owners in the affected
territory, representing a majority of ,the property in
the affected territory, and representing a majority of
the assessed valuation in the affected territory, have
consented in writing to annexation, in full compliance
with the provisions of .ORS 222.170 and ORS 222.120(2)(b).
(2) That a health hazard exists in the subject territory,
and that the City of Central Point has the authority
to annex. the territory in compliance with ORS 222.120(2)(c).
In view of the information presented, the applicants submit that the
annexation of the Rustic Mobile Home Park area is in substantial compliance
with the provisions of the. Statutes of the State of Oregon regarding
annexation of .territory.
CONFORMANCE WITH LCDC ADMLNISTRATIVE RULES:
The Land Conservation-and Development Commission (LCDC) has: formulated
specific guidelines for annexations, particularly in cases where the. _
process involves properties not subject to an acknowledged comprehensive
plan... These Guidelines are found in Oregon Administrative Rules 660-O1-
315, "Annexations of Lands Not Subject To An Acknowledged Comprehensive
Plan". The pertinent provisions of OAR .660-01-315 provide that
(l) All annexations must conform with the appropriate goals
.during review of the findings;
(2) The requirements of .Goal #3 and Goal #14 shall be
considered satisfied only if .the city can find that
adequate public facilities can be made available,. and
(a) the lands are physically developed for urban use
or within an area physically developed fo,r urban
use..
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Annexation:. Pay 5
The following information is submitted. to indicate compliance with
the provisions of OAR 660-O1-315, as well as to indicate the suitability
of the subject property for annexation to the City of Central Point.
Conformance with LCDC Goals and Guidelines
Goal #l: Citizen Involvement:
Goal- #1 provides fo.r the cities and
countie to adopt a citizen involvement procedure as part of ,the
comprehensive planning. process, and does not directly affect a land
use decision ep r se. Since Central Point has adopted a comprehensive
plan,. and has established a Citizen Involvement procedure (presentation
of all. land use issues before a Citizens Advisory Commission, and.
public hearings before both Planning Commission and City Council), it
can be found that compliance with Goal #1 has been. achieved.
Goal #2: Land Use Planning: Goal #2 specifically provides that all
local government jurisdictions will provide for land use planning in
adopting. a comprehensive plan, establishing urban growth boundaries,
and generally complying with the Goals anal Guidelines. The proposed
annexation complies with the letter and the intent of .Goal #2, in
.that the subject property .lies within. the Urban Growth Boundary of
The City of Central Point, is generally urbanized land, and meets
a l of ;,the criter%a for urbanized lanai as identified by the City of
Central-Point .Comprehensive. Plan a
Goal #3: Agriculture: Goal #3 is provided to specifically preserve
and maintain agricultural lands.. The City of Central Point can. find
that the requirements of satisfying Goal "#3, specifically_~as outlined
in OAR 660-01-315, are met in that:
(1) the property can be adequately served by the City of .Central
Point water system;
(2) the property is currently served by BCVSA;
(3) the property is currently, and has been for years,. developed
for urban uses, and is urban in character and development.
Since the area in question is urban land, and. has. been committed, it
ca.n be found that annexation of he property will not conflict with the
provisions of Goal #3.
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Goal #4: Conservation of Forest: The provisions of Goal #4 are to
conserve forest lands for forest uses. The City of Central Point can
find that the area in question is not forest land, and has not in recent
history been used for the production of wood fiber or any other forest
product; that the property has been and is urbanizable land, and that
the annexation of the site will. in no way violate the provisions of
Goal #4.
Goal #5: Open Space and Natural Resources: The provisions of Goal
#5 are to conserve open space, anal protect natural and scenic. resources.
Since the property is pre-existing urbanized land, lies next to no
scenic, historic or cultural areas of significance as identified by the
Central Point Comprehensive Plan, and is located in an area predominantly
urban, it can be found that the annexation of this property will not
affect the conservation of open space nor violate any natural, scenic
or cultural resource.
Goal #6: To h1aintain and Improve the Quality~of Air, Water and Land
Resources of the State: .The City of Central Point can find that the
annexation. of the subject territory is in fact an attempt to comply with
the. provisions of this goal. The annexation of .the site, with the con-
-- current hook-up of .the area to a public water supply system will
alleviate a potential health hazard, will result in a unification of
urbanized property using public facilities, which has the long-term _
result of .reducing aquifer depletion. in the immediate area. With
increased extension of ,public facilities to urbanized but not served
properties, water and land resources will show substantial quality
improvement. '-
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Goal #7: Protection from Natural Hazards: :The affected. area lies
in a relatively flat plain, anal. there appears to be no history of
volcanic activity, fault activity or other common natural hazards
other than minor flooding. The property does not lie within the
flood plain boundary of any designated stream, and the density of
the area is such that additions to natural drainage channels is
minimal, and within accepted levels, and creates no threat of flood
hazard.
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Annexation: Page .
Goal #8: Recreational Needs: The provisions of this goal are specifically
that urbanized areas provide. for recreational needs of the community.
The annexation of the property in question will neither hinder nor add to
the recreational needs of the City of Central Point, since the preexisting
nature of the property assumes that the people are already being served
by community recreational facilities. While the goal requires that
governmental agencies have the responsibility for the planning and provision
of recreational facilities, it can be found that the annexation of the
properties in question will not substantially alter the ability of the
city or Jackson County to provide for the facilities. The addition of
the Rustic Mobile Home Park to the City of Central Point will provide
for a small increase in the tax base, and may assist the city financially
during its recreational planning procedures.
Goal #9: To Diversify and Improve the Economy of the State:
The annexation of the subject property to the City of .Central Point
will have little or no impact upon the economy of the state. It
will asist in centralizing urban development within the city's UGB,
and will alleviate serious. health hazard potential existing in the
area, but the annexation will have little or no significance on the
economic situation in the city, county or state..
Goal #10: Housing: The aim of Goal.~10 is to provide for the housing
needs of the citizens of the state. The addition of the subject property
to the urbanized housing inventory will add less than 1% to the population
of the city. There appears to be no chance of expansion, since the
area is predominantly developed to densities allowed by the Central Point
Zoning Ordinance. With the annexation of a mobile home park, additional
low-cost housing is added to Central Point's housing inventory, and does
comply with the criteria of the goal, which specifically requires
comprehensive plans to provide for adequate types., location and diversification
of housing stock, and location. and phasing of services sufficient to
support development. The current planning efforts in Central. Point
for water and sewer development in the area is indicative that such
plan commitments exist; the annexation of the subject area will not
adversely affect the housing. stock of the city, nor the planning for
public facilities.
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Goal #11: Public Facilities: The purpose of this goal is to
plan and develop a timely, orderly and efficient arrangement of
public facilities and services to serve as the framework for
urban and rural development. The annexation of the subject property
is an attempt to comply with the concept of providing public
facilities and services that best support the existing and planned
land uses in the vicinity. The extension of public. water supply
to the subject property, which was developed to urban densities
but outside the city limits,. is a logical and effective solution
to a health hazard, and also conforms to the letter and intent of
the provisions of Goal #11.
Goal #12: Transportation: The annexation of this site will have
little or no impact upon the existing ar planned transportation
systems in Central Point or the immediate area.. Since. this annex-
ation is a simple political boundary adjustment, with no potential
for growth or development, the City of Central Point can find. that
the annexation is in compliance with Goal #12.
Goal #13: Energy Conservation: Again, as in the previous goal,
the annexation of this area wi11 have little or no effect on~ the
energy needs or demands of the City of Central Point, with the
exception. of a certain reduction in electrical energy,. since the
pump system currently servicing the area will be curtailed or .
done away with. In all other energy related matters, the boundary
relocation (a political boundary realignment) will not increase nor
decrease energy use in the area.
Goal #14: Urbanization: The provisions of Gaol #14 are to provide
for the orderly anal efficient transition of land .uses, from rural to
urban.. The. proposed annexation is in compliance with. the provisions
of .Goal #14, in that the property lies within the Urban Growth Boundary
of i=he City of Central Point, which was established within the guide-
lines of Goal 14. Further, by the definition of urban land as est-
ablished by LCDC, the affected territory is urban land, as opposed.
to rural property. Since the property is physically developed to
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Annexation:. Pas: 9
urban levels, the addition of the property to the City of Central
Point is in conformance with the goal provisions and LCDG administrative
rules, which provide that "...urban lands are...developed or
developable in urban densities, and have the provision for the
logical extension of public facilities."
The annexation of the subject territory is an orderly, economically
feasible boundary adjustment. that will provide for extension. of
water service to the area. for the purpose of alleviating a health
hazard. The property is urban in nature, physically developed to
R-3 standards as defined in the municipal code, and does not create
any adverse impact. In summation, the annexation can be found to
be in compliance with. the provisions of Goal 14, and of the balance
of the goals and guidelines as well.
Conformance with Provisions of Sec. 2, OAR 660-O1-315:
Based upon the exhibits, and the information contained in the preceeding
goal. requirements, -and. the information available concerning the
City of Central Point Paster Plan for water system improvements, the
City Council and Planning Commission can .find. that the requirements of
OAR 660-01-315 (2) have been met, in that adequate public facilities
..can be made.avail_able to the ,subject territory, and ..that the lands are
in fact physically developed for urban use.
In view of ,these. findings, and the supporting .evidence submitted,
the applicants submit that the annexation of the subject~_territory
is in compliance with the LCDC Administrative Rules, Goals and
Guidelines.
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Annexation: PaS 10
CONFORMANCE WITH CITY OF CENTRAL POINT MUNICIPAL CODE PROVISIONS:
Chapter 1.20 of the Central Point Municipal Code provides that all
annexations will conform to the provisions of ORS 222.111 through
222.180, as amended, and must be accompanied by a preliminary plat
anal an exterior boundary legal description. The city also-requires
specific evidence that the annexation is in conformance with the
comprehensive plan for the city, and with state-wide goals as
noted under the OAR requirements; a fee is also required.
Exhibits 2 and 3 indicate the legal description of the property to
be annexed,. and the plat, as required by Chapter 1.20 of the code.
Conformance with OAR and the State-Wide Planning Goals,. as noted
above., has been submitted; the remaining information is related to
conformance with the City of .Central Point Planning Goals and the
Comprehensive Plan:.
The Urban Growth Boundary, as established by the City of Central Point
and. Jackson Coun y, considered the property as urbanizable (or urbanized)
and included the site as part of that territory inside the UGB. In
this sense, the annexation of the site was obviously one of the possible
areas for adjusting the boundary in conformance with the City's planning --- -.
goals. Annexation will not substantially affect the growth patterns -
or density of .growth in Central. Point, and it is self-evident that the
eventual annexation, with alleviation of the existing health hazard,
is also in the best interests of the city.
Lt should be noted that a certain responsibility is attached to the
city in providing public facilities and establishing and Urban Growth
Boundary, and. that responsibility, to help ,alleviate. health hazards,
has. been forced upon the city by state law. While this responsibility
may not be equitable, the concept of providing services as growth
extends to already-built-up areas is part of .the long-range planning
efforts necessary to insure that urban level developments are provided
with urban services, and that these areas are separate and distinct
from rural lands.
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Reference to the Comprehensive Plan Map and the Zoning Map of the City
of Central Point indicates the area to be designated as Medium Density
Residential and R-3, respectively, a further indication that the
property has been considered as part. of the Central Point Urban area,
and included in the long-range planning goals. of the community.
CONCLUSIONARY FINDINGS:
1. The City Council,. Planning Commission and Citizens Advisory Group
can find that the annexation of the subject property is in conformance
with the Central Point Comprehensive Plan, lies. within the UGB, and
meets the general long-range planning goals of the. City.
2. The City can also find that. the application for annexation meets
all of the criteria for annexation as defined. by the Municipal Code.
3. The City can~find that the annexation meets- with all of the
requirements of .the Oregon Revised Statutes, as amended, and the
Oregon Administrative Rules pertaining to annexations.
4. The City of .Central .Point can find that a health hazard exists, and
that the recommended action for solution of that hazard. is annexation
and connection of the area to the City of Central Point water system._
In summation, and based upon the evidence submitted herein, and on
behalf of the applicants,. we respectfully request the.annexation of
the subject. property to the City of ,Central Point..
RESPECTFULLY SUBMITTED,
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J. Michael LaNier
LAMER ASSOCIATES
7/31/83.
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