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HomeMy WebLinkAboutOrdinance 1510ORDINANCE N0. 1510 AN ORDINANCE DECLARING THE ANNEXATION TO THE CITY OF CENTRAL POINT OF A CONTIGUOUS PARCEL OF PROPERTY ON SOUTH FRONT STREET WITHOUT AN ELECTION, AND TO WITHDRAW SUCH PROPERTY FROM JACKSON COUNTY FIRE PROTECTION DISTRICT N0. 3, BEAR CREEK VALLEY SANITARY AUTHORITY AND THE ROGUE VALLEY TRANSPORTATION DISTRICT 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 Protection 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 owner 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. 1501, adopted on the 15th day of September 1983, dispensed with an election submitted to the registered voters of the City the question of annexing said terri- tory and set 7:00 P.M. on October 20, 1983 in the Council Chambers of the City Hall in said City as the time and place of hearing thereon, Ordinance No. 1510 - 1 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 WHEREAS, notices of said public hearings were published and posted in the manner and for the time prescribed by law and public hear- ing 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 considered all of the evidence, the City Council found that said annexa- tion would be in the best interests of the City and made the findings of fact attached hereto, marked Exhibit 11A°P, 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 28.5-±- acres located along South Front Street, which are more particularly described as follows:. Commencing at a brass cap monument located at the Northwest. corner of SNOWY BUTTE ORCHARDS, an officially recorded sub- division now of record in Jackson County, Oregon9 thence along the North boundary of said subdivision, East, 687.8 feet to the Northeast corner of that tract described in Volume 86, Page 427 of the Deed Records of said County for the true point of beginning; thence South, 408.65 feet to the most-Southerly corner of said tract and also being a point on the Northeasterly boundary of the Incorporated Town of Central Point by annexation Ordinance No. 1043; thence along. the Southwesterly boundaries of Lots 11 B1° and °°J" of said subdivision (also being the Northeasterly boundary of said Incorporated Town of Central Point by annexation Ordinance No. 1043) as followso Ordinance No. 1510 - 2 South. 48° 48° East, 270.7 feet; thence South 15° 34° East, 186..4 feet; thence South 61° 05° East, 129.6 feet; thence South 32° 41° East, a more-or-less distance of 70 feet to a point West of the Northwest corner of that parcel described in Volume 226, Page 538 of said Deed Records;. thence leaving the Southwesterly boundary of said Lot 1°J11 and running East,. to and along. the North boundary of said parcel described in Volume 226,. Page 538 (also running along the North boundary of the Incorporated Town of Central Point by annexation Ordinance No. 1360 and the Easterly projection thereof), a more-or-less distance of 650 feet to intersect the East boundary of said Lot °'J'°; thence along the East boundary of said Lot °0 J1° and to and along the East boundary of said Incorporated Town of Central Point by annexation Ordinance No. 1360, South 0° Ol° West, a more-or-less distance of 229 feet; thence South 89° 27° East, 20.00 feet to the Northwest corner of that tract described in Volume 407, Page 95 of said Deed Records; thence along the Northerly boundary of said tract, South 89° 27° East, a more-or-less distance of 650 feet to intersect the Southwesterly right-of-way line of the Southern Pacific Company railroad right-of-way; thence running at right angles to said right-of-way line, North 54° 52° East, 60.00 feet to the Southwesterly right.-of-way line of U. S, Highway No. 99; thence Northwesterly along said highway line, a more-or-less distance of 1280 feet to intersect the North boundary of said SNOWY BUTTE ORCHARDS; thence along the North boundary of said subdivision, also being along the South boundary of the ORIGINAL TOWN OF CENTRAL POINT and the South boundary of COOKSEY ADDITION to Central Point, West, a more-or-less distance of 1125 feet to the true point of beginning, containing. 28.5 acres, more or less. be, and the same is hereby proclaimed to be, annexed to the City of Central Point, Oregon. Section 2. That the City of Central Point shall submit to the Secretary of State of the State copy of Ordinance No. 1501, and signed by the property owner wi of this annexation,. report this Assessor and County Engineer of went of Revenue of the State of law.. Ordinance No. 1510 - 3 of Oregon a copy of this ordinance, a a copy of the complete consent documents thin ten (10) days of the effective date annexation to the County Clerk, County Jackson County, Oregon, and the Depart- Oregon, all in the manner required by Section 3. The above described territory annexed to the City of Central Point is hereby withdra~,m from Rogue Valley Transportation 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 indebtedness which would otherwise be extended each year against said withdrawn 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 Transportation District. Passed by the Council and signed by me in authentication of its passage this 17th day of May 1984. ayor A EST , ~`°~. ~_ City Representative ~ ~ V Approved by me this: 18±h day of May , 1984.. ,,~ J!' _~~" " Mayor y Ordinance No. 1510 - 4 EXHIBIT "A" BEFORE THE CITY COUNCIL OF THE CITY OF CENTRAL POINT COUNTY OF JACKSON STATE OF OREGON PERTAINING TO THE ANNEXATION OF ) APPROXIMATELY 26.5 ACRES GENERALLY ) LOCATED SOUTH AND EAST OF AND ) CONTIGUOUS TO THE EXISTING BOUNDARY } OF THE CITY OF CENTRAL POINT, OREGON ) CORNETT LUMBER CO., Applicant. ) BLACKHURST, HORNECKER, ) HASSEN & BRIAN, Agent. ) I. PROPOSED FINDINGS OF FACT ArdD CONCLUSIONS PROPERTY LOCATION AND DESCRIPTION The approximately 26.5 acre tract is south and east of the current city limits, and is contiguous thereto. It consists of Tax Lots 900, 1000, 4500 and 4600 on Assessors Plat No. 37-2W-10AD, Jackson County Department of Assessment and Taxation. The property is currently being used by the applicant as a lumber mill. The applicant is the sole owner of the subject property. II. COMPLIANCE WITH STATEWIDE. PLANNING GOALS The City of Central. Point does not yet have a comprehensive plan acknowledged by the State of Oregon. Consequently, it is necessary to demonstrate compliance with Ord. 1510 the statewide planning goals. Goals not specifically discussed herein have been determined to be inapplicable to this particular annexation proposals. Goal #2 - Land Use Planning. This goal requires all land use plans and implementation ordinances to be adopted after public hearing, with opportunities provided for review and comment by citizens and affected agenciesa The City of Central Point has caused this annexation request to be reviewed by the appropriate Citizen°s Advisory Committee, and public hearings have been held before the Planning Commission and the City Councils It is therefore concluded that this annexation request complies with. Goal #2. Goal #3 - Agricultural Lands Goal #14 - Urbanization The Oregon Land Conservation and Development Commission (LCDC) has set forth basic criteria for assessing compliance with Goals #3 and #14 regarding the annexation of lands not yet subject to an acknow- ledged comprehensive plan. These require that adequate public facilities and services can be made available and: 1. That the. lands are physically developed for urban uses, or are within an area physically developed for urban uses; or 2> That the lands are clearly and demonstrably needed for an urban use prior to acknowledgment> The subject property is currently being used as a lumber mill, and is therefore committed to an urban, industrial uses If necessary, the City of Central Point could extend water and sewer service to the property, although such an -2- PROPOSED FINDINGS OF FACT AND CONCLUSIONS Ord . 1510 extension would not immediately be required. Police and fire services can be provided. The property is within the Urban Growth Boundary for the. City of Central Point, which boundary was agreed to by Jackson. County and the cities. of Medford and Central Point, and. which is currently being reviewed by the Department of Land Conservation and Development for acknowledgment of compliance with the statewide planning goals. Similarly, the property has been designated as "industrial" by the city's comprehensive plan. Because of these factors, the annexation .would comply with Goals #3 and #14. Goal #5 - Open Spaces, Scenic and Historic Areas and Natural Resources. The subject property has long been. operated as part of a lumber mill, first by Cheney Studs, then by Louisiana-Pacific, and now by the applicant. There are no uncommitted open spaces, nor scenic or historic areas. Therefore., the annexation would not violate Goal #5. Goal #6 - Air, Water, and Land Resources Quality® The annexation itself will have no impact upon air, water or land resource quality. As mentioned above, the subject property is currently committed to an urban., industrial. use, and no change in this use is contemplated. As for any future development, however, it should be noted that the location, physical features and services immediately available to the subject property insure that such development Ord. 1510 -3- PROPOSED FINDINGS OF FACT AND CONCLUSIONS would impose minimum environmental impacts. Any such development could be connected to city sewer, water and storm drains. Goal #9 - Economy of the. `State. No adverse impact to the local or regional economy is anticipated as a result of this annexation. The Comprehensive Plan for the City of Central Point designates the. subject property as industrial, and. consequently, its current use can be continued upon annexation. The City of Central Point shall benefit by the increase in its tax base and property tax revenues effected by the annexation. Goal #10 - Housing. Because of the subject property°s current use, and its designation as "industrial" on the city's comprehensive plan, it is not anticipated that the annexation shall have either a positive or negative effect upon housing opportunities in the city, and Goal #10 is not directly applicable. On a longer term basis, of course, the property could be made available for housing, should the future needs of the city so dictate. Goal #11 - Public Facilities and Services. As discussed, the full range of key public facilities anal services can be logically, efficiently and. economically extended to the subject area. However, it should be emphasized that the annexation itself will not necessitate the extension of any such services except. for police and fire protection. -4- PROPOSED FINDIPdGS Ord. 1510 OF FACT AND CONCLUSIONS Indirectly, the annexation shall have a positive effect upon the city's ability to develop and expand its services by the resulting increase in its tax base and municipal bonding capabilities. The annexation itself shall not place any additional demands or burdens upon public facilities such as schools, as it will not result in any population increase. Consequently, the annexation is in compliance with Goal #11. Goal #12 - Transportation. Since the subject property adjoins an already fully-developed area, and fronts upon U.S. Highway 99 and the Southern Pacific Railroad, the basic transportation framework has been established. It is adequate. to serve the annexed area. The annexation itself shall not increase existing demands upon or for the. existing system of streets with the city. Goal #13 - Energy Conservation. Few, if any, energy related impacts or opportunities will result from the annexation alone. The central location of the property, though, insures that any user--whether industrial or otherwise--will not require lengthy vehicle trips from. the city's commercial core. Goal #14 - Urbanization. As noted above, the proposed annexation area is within the City of Central Point Urban Growth Boundary agreed to by all adjoining municipalities. BZoreover, the subject property has been designated as "industrial" : by the city's comprehensive plan currently being reviewed by LCDC -5 - PROPOSED FINDINGS Ord. 1510 OF FACT AND CONCLUSIONS for acknowledgment. Basically, the inclusion of this property within the city simply reflects its existing level of urbanization. Consequently, the annexation complies with Goal #14. III. COMPLIANCE WITH THE COMPREHENSIVE PLAN, SHOWING OF PUBLIC NEED AND CONFORMANCE WITH GENERAL WELFARE STANDARDS The above discussion amply demonstrates that the annexation is in compliance with the city°s comprehensive plan, and that there is a public need for the annexation. Moreover, because of the existing use of the subject property, it is not necessary to evaluate alternative.industrial sites within or adjacent to the city. The annexation itself shall have no impact upon the continuance of the existing industrial use by the applicant. Finally, the annexation presents no immediate or future threat to the health, safety or welfare of the local or regional area. No additional development is immediately contemplated. Any future development beyond the scope or expansion of the existing use would be subject to such controls or restraints as may lawfully be imposed by the city. IV. COMPLIANCE WITH ORS' 222.170 ORS 222.1.70 allows the city council to dispense with an election in any contiguous territory proposed to be annexed -6- PROPOSED FIIJDINGS Ord. 1510 OF FACT AND CONCLUSIONS if more than half of the owners of land in the territory, who also own more than half of the land in the contiguous territory, representing more than half of the assessed value of said property, file a written statement of consent with the council. The applicant is the owner of all the land in the territory to be annexed, and it has filed a written petition and consent. to the annexation with the.. city. Consequently, an election need not be held, and the council may declare that the subject property is annexed. V. CONCLUSION Based upon the preceding evidence and findings, the annexation is in compliance with all applicable requirements imposed by the statewide planning goals, state statutes, and ordinances of the City of Central Point. Respectfully submitted, BL KHURST, HORNECKER, HA~'SEN & BRIAN Daniel C. Thorndke Agent for Applicant Ord. 1510 -7- PROPOSED FINDINGS OF FACT AND CONCLUSIONS