ORDINANCE NO. 54

AN ORDINANCE relating to annexation of property contiguous to the city limits of the City of Sodaville, Oregon, and declaring an emergency.

On December 29, 1979 at 8:00 a.m. in the Council Chambers of the City Hall in the City of Sodaville, Oregon, the City Council held a public hearing concerning the annexation of the property described in this ordinance. The City Council has determined that the proposed annexation is in the best interest of the City of Sodaville and its inhabitants and has reviewed and adopted the findings of Facts contained in this ordinance. The City Council has also determined that the requirements of ORS 222.170 have been fulfilled. Accordingly:

THE CITY OF SODAVILLE ORDAINS AS FOLLOWS:

Section 1.

The Findings of Fact contained in Exhibit "A" attached hereto and by this reference incorporated herein are adopted.

Section 2.

The following described property contiguous to the city limits of the City of Sodaville, Linn County, Oregon is annexed to the City of Sodaville:

Beginning at the Northwest corner of Lot 7 of Ramac Acres in Section 36 of T. 12 S., R. 2 W. of the Will. Mer., Linn County, Oregon; and running thence S.88°35'E. 1388.90 feet to the original Northwest corner of Block 3 of Seminary Addition to the Town of Sodaville; thence S.0°20'W. along the West Line of said Seminary Addition and the Southerly extension thereof, 1068.94 feet to a point N.89°51'R. 30.0 feet from the Southeast corner of Lot 1 of said Ramac Acres; thence S.89°51'W. 321.07 feet to the Southwest corner of said Lot 1 of said Ramac Acres; thence S.89°51'W. 321.07 feet to the Southwest corner of said Lot 1; thence N.0°12'E. 458.10 feet to the most Northerly Northeast corner of Lot 11, Ramac Acres; thence N.89°58'W. 680.0 feet to the Southeast corner of Lot 8, Ramac Acres; thence N.0°12'R. 350.0 feet to the Northeast corner of said Lot 8; thence N.89°58'W. 385.0 feet to the Northwest corner of said Lot 8; thence N.89°S8'W. 385 feet to the Northwest corner of said Lot 8; thence N.0°12'E. 295.82 feet to the point of beginning;

Section 3.

WHEREAS, The City of Sodaville is in the process of engineering a water system to which petitioners wish to connect, and water service can only be provided to properties within the City, now, therefore,

An emergency is hereby declared to exist and this ordinance shall immediately go into force and effect upon its adoption and approval.

Goal 1. Citizen Involvement

Citizens of Sodaville and Linn County have participated in designating this land as urbanizable and residential in several legal Processes dated back to 1978. In the summer of 1978, citizens in this area were polled by the Citizens Committee for water in Sodaville to see if they would like potable water supplied by a city utility. Most persons in this area agreed to hook up to a city water supply once it became available. In the early summer of 1979, citizens participated in hearings on the proposed urban growth boundary at which time the bulk of people indicated that this parcel should be, in time, annexed to the city, both for water and for housing development.

Findings of Fact

Citizens have actively participated in the land use designation in this area since the summer of 1978 and will continue to do so under the procedures by which the City of Sodaville holds its land use decision processes.

Goal 2. Land Use Planning

The proposed annexation area is currently within the urban growth boundary as agreed upon by the governing bodies of Linn County and the City of Sodaville. It has a designation of - Residential in all of Linn County's and the City of Sodaville's comprehensive plans.

Findings of Fact

All governing bodies with full citizen involvement in the enactment and implementation of land use decisions have, since 1979, designated this area for urban development. It is in compliance with the Linn County and City of Sodaville's comprehensive plan.

Goal 3. Agricultural Lands

This area is currently zoned ART V and has irrevocably been committed to residential development. Some of the soil in the area is or was Class II. Most soils are Class III or poorer, as defined by the Soil Conservation Service. Historically, most of this area has never been used for agricultural purposes. The area surrounding the urban growth boundary is composed of mixed low density residential uses and low intensity agricultural and timber practices. Nearby farming activities include grazing, field crop production and haying. None of these activities require spraying, burning or cause noticeable odors. Oak Creek serves as an effective buffer in separating the urban from the rural use in the southwest section.

Findings of Fact

All lands within the Sodaville urban growth boundary are either committed to nonagricultural use or do not qualify under the Goal 3 definition of agricultural land of lands which contains soil Class II and III categories. An exception to this goal is justified to maintain and Satisfy Goals 10 and 14. Prior development and public action has committed this land irrevocably to urban uses. The use of this ground for residential purposes will decrease developmental pressures on surrounding areas of high agricultural quality or high forest land quality.

Goal 4. Forest Lands

The land is this annexation request is no longer forest land nor does the Comprehensive Plan call for it to be placed in forest use.

Findings of Fact

This request is in compliance with Goal No. 4.

Goal 5. Open Space, Scenic and Historic Areas and Natural Resources

This southwest parcel contains no historic sites or suitable set asides for open space.

Findings of Fact

The request is then in compliance with this Goal.

Goal 6. Air, Water and Land Resources Quality

Residential use of this land will not result in any significant impact on air quality as this site does not lie in an air quality maintenance area. Auto trips will not be significantly increased by annexation of this area since a significant portion has already been developed and is occupied currently.

Findings of Fact

This annexation will have no adverse impact on the air, water and land resources quality and is compatible with the guidelines of Goal 6.

Goal 7. Areas Subject to Natural Disasters and Hazards

The aforementioned 3-acre section in the northern annexation area lies in a slight hazard area and will be utilized as open space. No portion of the urban growth boundary lies within the Oak Creek flood plain. A majority of the area contains buildable sites on gentle slopes.

Findings of Fact

The entire portion of this request lies outside any flood hazard area.

Goal 8. Recreational Needs

This site has not been identified as necessary to satisfy this goal. Development must include pedestrian/bikeways and greenways along existing drainageways and roadways.

Findings of Fact

This annexation is in compliance with Goal 8.

Goal 9. Economy of the State

Through its Comprehensive Plan, the City of Sodaville is creating an environment conducive to the operation of home base trades and services. The inclusion of this parcel will comply with the Economic Development Element of the Sodaville Comprehensive Plan.

Findings of Fact

Goal 9 is met by increasing the availability of half-acre parcels for those people who would like to preserve rural bikeways and blue-collar craft traditions, by taking advantage of the home occupation emphasis in Sodaville.

Goal 10. Housing

There is a strong demand for low acreage homesites in rurallike settings, particularly in the Lebanon area. Of the 2,004 residential building permits issued in Linn County between 1974 and 1978, over 50% are parcels which are 5 acres. By maintaining its rural environment establishing a water system and providing buildable land, Sodaville expects to relieve the pressure for 5 acre haphazard development of resource land within Linn County and thus aid in the attainment of Goals 3 and 4, as well as Goal 10. Very little vacant/developable land exists within the current Sodaville city limits. When public facility improvements are in place, plan phasing and infilling policies will apply. In spite of the projected infilling, there will still be a need, given the advent of the Tektronics plant, for additional low acreage rural-like parcels.

Findings of Fact

This land is suitable for and has been designated irrevocably to fulfilling the need for housing for the citizens of Sodaville and the Lebanon area. The current lack of available low acreage lots in rural settings has created tremendous pressures to develop land in resource areas in 5 or 2 1/2 acre parcels. This annexation will help decrease such pressures on valuable resource lands.

Goal 11. Public Facilities and Services

The construction of the water system will be completed by the end of the summer, 1980. The City expects this construction to cause

only minor increases in demand for other city services as new lands are urbanized. Storm drainage, street lighting, and road maintenance as well as planning and zoning are already provided by the City. As most improvements related to these services are already in place, the City's operating budget for them is not expected to increase substantially following annexation. Other services such as power, telephone, natural gas, fire protection of schools are in a position to meet short term demand with essentially no improvements necessary. The Sodaville school, in particular, is operating at 50% capacity. Fire protection is already provided by the Lebanon Rural Fire Department, and police protection is provided by the Linn County Sheriff's office; the provision of these services will continue after annexation.

Findings of Fact

This request will not adversely affect any of the existing services or agencies involved. In fact, they will more effectively utilize and provide a better rate of return in the investments made already to provide services to this area. In addition, most property owners have requested water service which requires annexation.

Goal 12. Transportation

All necessary streets and minor collectors are already in place adjacent to this parcel. Any further development of lanes would be at the expense of the developer. According to the Sodaville Comprehensive Plan, a tripling of population in this area would have no adverse impact on the existing collector system.

Findings of Fact

There exists an adequate collector system for vehicles at this point.

Goal 13. Energy Conservation

In comparison to other cities, urbanization of land within the Sodaville urban growth boundary will have minimal energy consequences. School, convenience shopping, park and recreation facilities are all within walking distance. In addition, less natural resources will be consumed by Sodaville's road standards, which provide for gravel as opposed to the paved streets. The Sodaville comprehensive plan calls for the development of a pedestrian and bicycle networks. In addition, this request will allow further, more intense development of lands which lie closer to places of employment, in contrast to those newly developed homesites in the resource areas of the South Hill.

Findings of Fact

This annexation request will minimize energy demands by consolidating growth, providing for the use of vacant land, and locating residential use in the closest rural-like setting to the Lebanon job market.

Urbanization

This land has been included in the urban growth boundary between the City of Sodaville and Linn County as agreed in the summer of 1979. The property is contiguous to the corporate limits and contains developed property and services with a modest range of urban services.

Findings of Fact

This annexation area has most public facilities available to it already. This area is, by County definition, irrevocably committed to nonresource use. Its inclusion within the Sodaville city boundary will allow further infilling and thus a more intense, efficient residential use of the land. It is in compliance with LCDC goals and guidelines, and its annexation will hopefully reduce pressure for conversion of valuable resource lands into urbanizable areas.

Goals 15 through 19

These goals are not applicable to this annexation request.

Amended by the Council this 12 day of January, 1980.