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HomeMy WebLinkAboutOrdinance 1524ORDINANCE N0. 1524 AN ORDINANCE PROCLAIMING THE ANNEXATION TO THE. CITY OF CENTRAL POINT OF A CONTIGUOUS PARCEL OF PROPERTY ON THE EAST SIDE OF BURSELL ROAD AND NORTH OF PITTVIEW AVENUE, AND WITHDRAWING SUCH PROPERTY FROM JACKSON COUNTY FIRE DISTRICT N0. 3, BEAR CREEK VALLEY SANITARY AUTHORITY AND ROGUE VALLEY TRANSPORTATION DISTRICT WHEREAS, the City 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 recom- mended by resolution 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 annexa- tion, said consent having been heretofore filed with the City in the manner prescribed by laws 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 District9 and WHEREAS, the City Council by Ordinance No. 1523 dispensed with an election submitted to the registered voters of the Gity the question of annex- ing said territory and set 7:00 p.m. on September 20, 1984 in the Council Chambers of the City Hall in said City as the time and place of hearing thereon, 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 N0. 1524 Page 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 ordi- nance and the published posted notices, and WHEREAS, following said public hearing and after having considered all of the evidence, the City Council found that said annexation would be in the best interests of the City and made the findings of fact attached hereto marked Exhibit 1 and by this reference incorporated into the within ordinance9 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: Beginning at the southwest corner of Lot 6 of the Amended Plat of Lots 3 to 10 inclusive of Pitt View Subdivision in Jackson County, Oregon, according to the official plat thereof, now of record; thence north, along the west line of Lots 6, 7 and 8 of said subdivision, 416.7 feet to the northwest corner of said Lot 89 thence east, along the north line of said Lot 8 and Lot 17, 608.6 feet to the northeast corner of said Lot 179 thence south, along the east line of said Lot 17, 416.7 feet to the southeast corner thereof9 thence west 608.6 feet to the point of beginning; 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 Oregon a copy of this ordinance, a copy of Ordinance No. 1.523 , and a copy of the complete consent documents signed by the property owner within ten (10) days of the effective 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. ORDINANCE N0. 1524 _ page 2 Section 3. The above-described territory annexed to the City of Central. Point is hereby withdrawn 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 District No, 3 and Rogue Valley Transportation District. Passed by the Council and signed by me in authentication of its passage this 18th day of October , 1984. a ;, ~ ~,° ~" Mayor l ATTEST: City Representative Approved by me this ~~ day of October 1984, ~~ --.- ~~"y~. Mayor ~' f ORDINANCE. NO. 1524 - Page 3 BEFORE THE CITY COUNCIL OF THE. CITY OF CENTRAL POINT COUNTY OF JACKSON STATE OF OREGON Pertaining to the annexation of ) approximately 5.82 acres, more or ) less,generallylocated south and ) east of and~.contiguous to the exist- ) ing boundary of the City of Central ) Point,Oregon. ) Donald & Orpha Thianl.er ) Don 0. & Barbara Ritter ) Carlos & Jeanne Sander ) Exhibit :l Proposed Findings. of fact and conclusions I PROPERTY. LOCATION AND DESCRIPTION The approximately 5..82 acre tract is south and east of the current city limits, and is contiguous thereto. It consists of tax lots lam, 200, 300,. 400 on Assessors plat # T.375, R 2 W Sec 11, Jackson County Depart- ment of Assessement and Taxation. The property is currently being used by the applicants as single family homes. The applicants are the owners 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~.complance with the statewide plarnzing goals. Goals not specifically discussed herein have been determined..::, to be inappli- cable to this particular annexation proposal. 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 corranent by citizens and affected agencies. The City of Central Point has caused. this annex- ation request to be reviewed by the appropriate Citizen's Advisory Corrrnittee, and public hearin¢ have been held before the Planning. Com- mission and the City Council. It is therefore concluded that this. annexation requestcomplies with Goal #?_. tfL Goal # 3 - Agrict. _ural Lands ~ :Goal # 14 - TJrbanization The Oregon Larxi Conservation and Development Commission (LCDC) has set forth basic criteria for assessing compliance with Goals #3 anti #14 regarding the annexation of lands not yet subject to an acknowledged comprehensive plan. These require that adequate. public facilities and services can be made available and: 1. That the lands are physicaly developed for urban uses, or are within an area physically developed for urban uses, or 2. That the lands are clearly anddemonstrably needed .for an urban use prior to acknowledgment. The subject property is currently being used as an exclusiverural residence, and is therefore committed to a rural use. We do want city water on the properties, as this is our main interest, we are on BCVSA already. Police and fire services can be provided~~.-. Our corning into the city does necessitate the extension of water services to the lots.. The water line is directly in line for hook-ups. The water line is on theEast side of the street, Bursell. -The property is withir__ the Urban Growth Boundary for the City of Central Point,which boundary was agreed.te:by Jackson County and the cities of Medford and Central Point,and which is currently being reviec~ed by the Department of Land Conservation and Development for acknowledge- ment of compliance with the statewide planning goals. Similarly, the property has been designated as rtzr'al, single residence in the compre- hensive plan. 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 single residence, there are no uncommited 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 resouce q~.iality. As mentioned above, the subject property is currently committed to an urban, single residence and no change in this use is contemplated. As for an future development, however,. it should be noted that the location, physical features and services immediately available to the subject property insure that such development would impose minim~sn environmental impacts. Any such development could be connected to city sewer, water and storm drains. #3 Goal #9 - Economy .,f the State. No adverse impact. _o 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 residences and consequently,. its current use can be continued upon. annexation. The City of Central Point sha11 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 residences on the city's comprehensive plan, it is not anticipated that the annexation shall have either a positive or neg- ative effect upon housing opportunities in the city, and Goal #10 is not directly applicable. On a longer term basis, or bourse, the property could be made avail- able for: housing,. should the future needs of the city so dictate. Goal #11 - Publics Facilities and Services. As discussed, the full range of key public facilities and services can be logically, efficiently and economically extended to the subject area. However, it should be emphasized that the annexation itself will necessitate water connections and services of the city for police and:fre protection. 4 - PROPQ}SED:: FINDINGS 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 sha11 not place any additional demands or burdens upon public facilites suc~i_ 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 fu11y-developed area, arxi fronts upon Bursell Road, and Pittview Avenue,. 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 wi11 result from the annexation alone. The central location of the property, though, insures that any use exclusive single resident will not require lengthy vehicle trips from.. the cit;~'s conanercial 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. Moreover, the subject property has been designated as family residences the city',s comprrnsive plan currently being reviewed by LCDC for acknowledment. Basically, the ii lion of this property within t ';city simply reflects its existing level of urbanization. Consequently,_the armex- ation complies with. Goal #14. III COMPLIANCE WITH THE CCMP_REE~IIVSIVE PLAN, SHOWING OF PUBLIC NEED AND CONFORMANCE WITH GEl~IEERAL 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 rural residental sites within or_adjacent to the city. The annexation itself shall have no impact upon the continuance of the .existing residental. use by the applicants. 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 thescope 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 222.170 allows the city council to dispense with an election in any contiguous territory proposed to be annexed 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 planni~ goals, state statutes, and ordinances of the City of Central Port. .~ Respectfully submitted, _ ~ ~~~' _ ~ %' ~''` _ ;. ~~ ~ r ,' -~ ' ~'~ , /4 _ .. lI ,; / j •'' f n J . //~ t/ ~ f ~