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HomeMy WebLinkAboutItem 10 Annexation of Territory to the City of Springfield, 2576 16th Street AGENDA ITEM SUMMARY Meeting Date: 11/19/2012 Meeting Type:Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: Ext. 3784 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Community and Economic Development and Revitalization ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD (Portion of 16th Street right-of-way and Lot 4, Block 4 of the plat of FIRST ADDITION TO DELROSE ADDITION; municipally addressed as 2576 16th Street) Case Number C SP 2012 – ANX12-00001 ACTION REQUESTED: Conduct a second reading and adopt/not adopt the following ordinance: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER AND FIRE DISTRICT (SECOND READING). ISSUE STATEMENT: A request for annexation to the City of Springfield has been received from John Nottage and Diane Mattison-Nottage, owners of property at 2576 16th Street (Attachment 3, Exhibit B). The subject annexation territory is a residential lot with an existing single family dwelling that has a failed septic system. The property is less than 300 feet from the nearest City sanitary sewer line, and in accordance with OAR 340-071-0160(4)(A) a new septic system cannot be installed on the site and it must be connected to the sanitary sewer. The property owners are requesting annexation to the City to facilitate connection of the dwelling to City sanitary sewer. ATTACHMENTS: Attachment 1: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application and Petition Exhibit C: Utility Servicing Plan Exhibit D: Staff Report and Recommendation DISCUSSION/ FINANCIAL IMPACT: The City Council gave first reading and conducted a public hearing for the annexation ordinance at the regular meeting on November 5, 2012. No one submitted testimony for or against the annexation request at the public hearing. Staff advises that the existing dwelling at 2576 16th Street has been connected to City sewer as of September 27, 2012 and there was no interruption of service for the tenants. Adoption of the Annexation Ordinance and notification to Lane County and the State will formalize the annexation of the subject property to the City of Springfield. Staff recommends the City Council (a) approve the annexation of territory, as shown on Exhibit A to the annexation request, to the City of Springfield, Willamalane Park and Recreation District, and Lane County Metropolitan Wastewater Service District; and (b) withdraw the same territory from the Rainbow Water and Fire District. ATTACHMENT 1 - 1 ATTACHMENT 1 - 2 EXHIBIT A EXHIBIT A Exhibit A-1 ATTACHMENT 1 - 1 Legal Description A portion of the 16th Street right of way and Lot 4, Block 4 of the plat of FIRST ADDITION TO DELROSE ADDITION, as filed for public record in the Office of the Lane County, Oregon Surveyor, in Book 50, Page 22, on January 18, 1967; being more completely described as follows: Beginning at the Southwest corner of Lot 4 of the plat of LEGACY ESTATES, as filed for public record in the Office of the Lane County, Oregon Surveyor, in County Surveyor’s File No. 40689, on September 14, 2007; thence on the following eight (8) numbered courses: 1) North 89° 42’ 35” West a distance of 55.00 feet, more or less, on the Southerly line of LEGACY ESTATES, and its Westerly extension, said line also being the Northerly line of FIRST ADDITION TO DELROSE ADDITION, to a point on the West right of way line of 16th Street; thence 2) on the West right of way of 16th Street, South 00° 00’ 00” East a distance of 73.61 feet to the Northeast corner of Lot 4, Block 4, FIRST ADDITION TO DELROSE ADDITION; thence 3) leaving the West right of way line of 16th Street, on the North line of said Lot 4, Block 4, North 90° 00’ 00” West a distance of 118.27 feet; thence 4) on the West line of said Lot 4, Block 4, South 00° 12’ 30” West a distance of 74.00 feet; thence 5) on the South line of said Lot 4, Block 4, South 90° 00’ 00” East a distance of 118.54 feet to a point on the West right of way line of 16th Street; thence 6) continuing South 90° 00’ 00” East a distance of 60.00 feet to a point on the East right of way line of 16th Street; thence 7) on the East right of way line of 16th Street, North 00° 00’ 00” West a distance of 147.61 feet, more or less, to a point on the South line of Lot 4, LEGACY ESTATES; thence 8) on the South line of Lot 4, LEGACY ESTATES, North 89° 42’ 35” West a distance of 5.00 feet, more or less, to the point of beginning. Basis of bearing for this description is the plat of FIRST ADDITION TO DELROSE ADDITION. Exhibit A-2 ATTACHMENT 1 - 2 Exhibit B-1 ATTACHMENT 1 - 1 Exhibit B-2 ATTACHMENT 1 - 2 Exhibit B-3 ATTACHMENT 1 - 3 Exhibit B-4 ATTACHMENT 1 - 4 Exhibit B-5 ATTACHMENT 1 - 5 Exhibit B-6 ATTACHMENT 1 - 6 Exhibit B-7 ATTACHMENT 1 - 7 Exhibit B-8 ATTACHMENT 1 - 8 Exhiibit C ATTACHMENT 1 TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION ______________________________________________________________________________ File Name: 2576 16th Street Annexation Owner(s)/Applicant(s): John Nottage and Diane Mattison-Nottage Case Number: C SP 2012 – ANX12-00001 Proposal Location: Portion of 16th Street right-of-way and residential lot municipally addressed as 2576 16th Street (Map 17-03-24-34, Tax Lot 105) Existing Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10) Zoning After Annexation: LDR Metro Plan Designation: LDR Refinement Plan Designation: N/A Application Submittal Date: August 30, 2012 Associated Applications: 811-SPR2012-01516 (Plumbing permit for connection to sanitary sewer) CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 APPLICANT’S DEVELOPMENT REVIEW TEAM POSITION NAME PHONE MAILING ADDRESS Applicants & Owners John Nottage Diane Mattison-Nottage 541-913-7635 2315 W 21st Avenue Eugene, OR 97405 SITE Delrose Ave. 16 th Street City Limits Exhibit D - 1 ATTACHMENT 1 - 1 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all third- party annexation applications. Finding: The property owners met with City staff when the failed septic system was first discovered in August, 2012. Because the failed septic system was deemed to be a potential health hazard, staff considers the initial meeting to be a de facto Development Issues Meeting for the purpose of proceeding with annexation of the subject territory. Staff did not charge a Development Issues Meeting fee for the initial meeting. Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1), an annexation application may be initiated by “more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land”. Finding: The property owners, who own all of the land and real property, and full assessed value of real property in the contiguous territory have filed an application and petition requesting annexation to the City of Springfield (Attachment 3). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The annexation territory includes a residential lot and a linear segment of 16th Street extending north from the property frontage to the portion of 16th Street within Map 17-03-24-32, which is inside the City limits. Annexation of a portion of the 16th Street right-of-way is recommended to create contiguity of the subject lot to the existing City limits. The dimensions of the segment of 16th Street right-of-way proposed for annexation are approximately 60 feet wide by 148 feet long. The annexation territory comprises approximately 17,620 ft2 (0.4 acre) and it abuts the Springfield City limits along the north boundary. At present, along the subject property frontage 16th Street is developed with paving, curb and gutter, but lacks sidewalks and street lighting. The subject annexation territory is intended to remain as public right-of-way and no additional street frontage improvements will be required at this time. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Springfield School District), roads (Lane County and City of Springfield), and Fire (City of Springfield under contract). Rainbow Water and Fire District provides water and contracts with the City for provision of fire service to the proposed annexation area. Upon annexation, the City of Springfield will be entirely responsible for urban services, including electricity, water and fire response to the subject area. Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-130, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed October 19, 2012, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. Exhibit D - 2 ATTACHMENT 1 - 2 Newspaper Notice. Notice of the November 5, 2012 public hearing was published in The Register- Guard on October 22 & 29, 2012. Posted Notice. Notice of the November 5, 2012 public hearing was posted in five public places in the City: in two locations along the subject property frontage and 16th Street right-of-way; at the Springfield City Hall and in the Development and Public Works office; and on the City of Springfield website, on October 22, 2012. Finding: Upon annexation of the subject property to the City the current LDR zoning will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings more than 45 days prior to the public hearing. Notification to DLCD was sent on September 12, 2012. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.7-140, Criteria. Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The annexation area abuts the Springfield city limits along the north boundary and therefore meets the statutory definition of contiguity as found in ORS 222.111(1). Finding: The legal description for the annexation area has been confirmed with the state Department of Revenue to ensure there are no gaps or overlaps of territory between the existing City limits (located along the north boundary of 16th Street) and the annexation area. Conclusion: The proposal meets this criterion. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB of the Metro Plan. Territory within the UGB ultimately will be within the City of Springfield. Finding: The Metro Plan recognizes that, ultimately, all territory within the UGB will be annexed to an existing city (Policy #10, page II-C-4; Policy #16, page II-C-5; and Policy #21, page II-C-6). Springfield is the unit of government identified in the Metro Plan to provide urban services to annexed territory. Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts within the UGB will be dissolved (Policy #18, page II-C-6). The continued annexation of properties and public Exhibit D - 3 ATTACHMENT 1 - 3 street rights-of-way to the City of Springfield is consistent with the Metro Plan, which will result in the elimination of several special districts within the urbanizable area. Finding: The annexation area is within the Rainbow Water and Fire District. The water district also has service arrangements with Springfield for provision of fire response to unincorporated areas of north Springfield. After the public hearing and if determined by the City Council that withdrawal is in the best interest of the City, the annexation area will be withdrawn from the Rainbow Water and Fire District consistent with ORS 222.510, 222.520, and 222.525 and Springfield Utility Board will provide water service directly to the annexation area. Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area will be annexed into the Lane County Metropolitan Wastewater Service District as authorized by an Intergovernmental Agreement (IGA) between the City of Springfield and Lane County. This special district was formed to provide the financing for the regional wastewater treatment plant serving wastewater users within the City of Springfield. Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized by an intergovernmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to territory within the City of Springfield. Finding: The subject annexation territory is not located in an adopted Refinement Plan area, and there are no proposed changes to the current LDR zoning. Conclusion: The proposal meets this criterion. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner, and Finding: The Metro Plan recognizes annexation as the highest priority for extending the minimum level of key urban facilities and services to urbanizable areas (Policies #8 and #10, page II-C-4). Finding: The territory requested for annexation will take advantage of urban service delivery systems that are already in place or can be logically extended to serve this area. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water – SUB Water provides water service to incorporated areas of north Springfield. Upon annexation, the 16th Street right-of-way is not expected to require water service, but existing and future water line connections may be expected within the subject area as development and/or annexation proceeds on adjacent properties. Existing water infrastructure within the vicinity will be maintained by the affected utility providers. Electricity – SUB Electric provides service to developed properties in this area of Springfield. Upon annexation, the subject territory is not expected to require additional electrical service. Existing electrical system infrastructure within the adjacent public rights-of-way will be maintained by the affected utility providers. Police Services – Springfield Police Department currently provides service to areas of north Springfield that are already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department and Lane County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Exhibit D - 4 ATTACHMENT 1 - 4 Fire and Emergency Services – Fire protection is currently provided to the annexation area by the City of Springfield Fire & Life Safety under contract with Rainbow Water and Fire District. Upon annexation, the City will continue to provide fire and emergency services to the subject territory. The nearest Springfield fire station (Fire Station #3) is located on 28th Street at the intersection with Centennial Boulevard. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other’s jurisdictions. Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. Indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center will be available to the property owners and residents of 2576 16th Street. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks, including community parks, sports parks, special use parks, and natural area parks. The closest developed neighborhood park to the requested annexation area is Page Park at 1300 Hayden Bridge Road. Other existing and future parks in the vicinity include Harvest Landing and Pierce Park (currently undeveloped). Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park and Recreation District consistent with City policy, if the City Council determines that annexation to the special district is in the best interest of the City. Library Services – Upon annexation to the City of Springfield, the residents and property owners of 2576 16th Street will be able to obtain a free library card from the Springfield Public Library. Staff advises that early “City” status was already granted to the residents of 2576 16th Street for the purpose of obtaining a Library card. Schools – Springfield School District serves the north Springfield area. Existing schools – Yolanda Elementary, Briggs Middle, and Springfield High School serve the neighborhood, including the subject annexation area. Sanitary Sewer – The annexation area can be served by extension of a public sanitary sewer line from the Legacy Estates subdivision north of the subject property. Because of the potential health hazard of a failed septic system, the sanitary sewer connection has already been installed to serve the residential dwelling. A Y- connection and an 8-inch sanitary sewer lateral were installed to provide sewer service to the subject property and also to afford connections for the intervening dwellings (2567, 2583 and 2588 16th Street), should these properties annex in the future. Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Lane County Metropolitan Wastewater Service District, if the City Council determines that annexation to the special district is in the best interest of the City. Stormwater – The subject annexation territory is served by existing catch basins and public stormwater lines within 16th Street to the north and south of the site. The existing public stormwater system is adequate to serve the development area, and there are no planned changes to the stormwater management system associated with this annexation request. Streets – The subject annexation area includes a segment of local street that is currently improved with a paved surface, curb and gutter. The portion of 16th Street requested for annexation represents the public street Exhibit D - 5 ATTACHMENT 1 - 5 frontage for three intervening properties (municipally addressed as 2567, 2583 and 2588 16th Street). These properties will have contiguity to the City limits upon annexation of the subject territory. However, there are no planned or required street improvements associated with this annexation request. Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for residential garbage service inside the City limits. Upon annexation, solid waste disposal service can be provided by Sanipac. Communication Facilities – Various providers offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls – The annexation area is within Springfield’s portion of the urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for this property. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as defined on page V-3 of the Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. The property owners have obtained necessary City permits and installed the required sanitary sewer connection for the existing dwelling. Conclusion: The proposal meets this criterion. D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The residential lot requested for annexation is within a mature neighborhood with a full range of utilities excepting sanitary sewer. The property owners have installed the necessary sanitary sewer connection to serve the existing dwelling, and there are no other required infrastructure improvements. Therefore, an Annexation Agreement is not required for this request. Conclusion: The proposal meets this criterion. DIRECTOR’S RECOMMENDATION: Approve the annexation of the subject territory to City of Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and Recreation District, and withdraw the requested annexation area from the Rainbow Water and Fire District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On November 5, 2012, the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. No one submitted testimony for or against the annexation at the public hearing. Based on the staff analysis and recommendation, and on the absence of testimony provided at the Public Hearing, the City Council may take action to approve, modify or deny the Annexation Ordinance. Zoning (SDC 5.7-150): The annexation area is within a region of north Springfield designated as Low Density Residential (LDR) in the Metro Plan. The current zoning for contiguous properties is LDR with Urbanizable Fringe Overlay District (LDR/UF-10). The contiguous property to the north of the annexation territory is zoned LDR and lies inside the City limits. Exhibit D - 6 ATTACHMENT 1 - 6 Finding: Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the subject territory will retain the LDR zoning, which is consistent with the Metro Plan designation. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted a second reading and approved by the City Council on November 19, 2012, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around December 20, 2012), or upon acknowledgement of filing with the Secretary of State – whichever date is later. Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150. Finding: The annexation area is within the Rainbow Water and Fire District. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Rainbow Water and Fire District was in the best interest of the City. The withdrawal decision was codified in Ordinance No.______. Exhibit: A. Assessor’s Map showing property requested for annexation (redlined) and numbered survey courses contained in legal description Exhibit D - 7 ATTACHMENT 1 - 7 EXHIBIT A EXHIBIT A Exhibit D - 8 ATTACHMENT 1 - 8 Legal Description A portion of the 16th Street right of way and Lot 4, Block 4 of the plat of FIRST ADDITION TO DELROSE ADDITION, as filed for public record in the Office of the Lane County, Oregon Surveyor, in Book 50, Page 22, on January 18, 1967; being more completely described as follows: Beginning at the Southwest corner of Lot 4 of the plat of LEGACY ESTATES, as filed for public record in the Office of the Lane County, Oregon Surveyor, in County Surveyor’s File No. 40689, on September 14, 2007; thence on the following eight (8) numbered courses: 1) North 89° 42’ 35” West a distance of 55.00 feet, more or less, on the Southerly line of LEGACY ESTATES, and its Westerly extension, said line also being the Northerly line of FIRST ADDITION TO DELROSE ADDITION, to a point on the West right of way line of 16th Street; thence 2) on the West right of way of 16th Street, South 00° 00’ 00” East a distance of 73.61 feet to the Northeast corner of Lot 4, Block 4, FIRST ADDITION TO DELROSE ADDITION; thence 3) leaving the West right of way line of 16th Street, on the North line of said Lot 4, Block 4, North 90° 00’ 00” West a distance of 118.27 feet; thence 4) on the West line of said Lot 4, Block 4, South 00° 12’ 30” West a distance of 74.00 feet; thence 5) on the South line of said Lot 4, Block 4, South 90° 00’ 00” East a distance of 118.54 feet to a point on the West right of way line of 16th Street; thence 6) continuing South 90° 00’ 00” East a distance of 60.00 feet to a point on the East right of way line of 16th Street; thence 7) on the East right of way line of 16th Street, North 00° 00’ 00” West a distance of 147.61 feet, more or less, to a point on the South line of Lot 4, LEGACY ESTATES; thence 8) on the South line of Lot 4, LEGACY ESTATES, North 89° 42’ 35” West a distance of 5.00 feet, more or less, to the point of beginning. Basis of bearing for this description is the plat of FIRST ADDITION TO DELROSE ADDITION. Exhibit D - 9 ATTACHMENT 1 - 9