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HomeMy WebLinkAboutItem 10 Annexation of Territory to the City of Springfield - 827 South 57th Street and Right-of-WayAGENDA ITEM SUMMARY Meeting Date: 7/22/2013 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: Ext. 3784 Estimated Time: 15 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX A 0.67 ACRE PARCEL WITH AN EXISTING SINGLE FAMILY DWELLING LOCATED AT 827 SOUTH 57TH STREET AND A SEGMENT OF SOUTH 57TH STREET RIGHT-OF-WAY. ACTION REQUESTED: Conduct a public hearing and adopt/not adopt the following ordinance: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND DECLARING AN EMERGENCY. ISSUE STATEMENT: A request for annexation to the City of Springfield has been received from Don and Lauren Horton, owners of property municipally addressed as 827 South 57th Street (Attachment 4, Exhibit A). The subject annexation territory is a residential parcel 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 enable a connection of the dwelling to City sanitary sewer to be in compliance with SDC 5.7-100 et seq. Staff is recommending concurrently annexing a segment of South 57th Street right-of-way to eliminate a gap in the City limits. ATTACHMENTS: Attachment 1: Staff Report and Recommendations Attachment 2: Area, Vicinity and Site Maps Attachment 3: Site Servicing Plan Attachment 4: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application DISCUSSION/ FINANCIAL IMPACT: The City Council is authorized by ORS Chapter 222 and SDC Article 5.7-100 to act on annexation requests. In accordance with SDC 5.7-155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective upon signature by the Mayor and acknowledgement by the State. The subject property is currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) and is located inside the Springfield urban growth boundary (UGB). Urban services are available at the frontage of the subject site, or can be extended to serve the property. According to the most recent Lane County Assessment and Taxation records (Tax Year 2012) the subject property has an assessed value of $168,400. The subject property is within an established neighborhood with an existing suite of urban services. A sanitary sewer lateral exists along the property frontage; the applicant was allowed to connect to the sanitary system immediately upon payment of required City fees to alleviate the health hazard situation. Construction costs for connection of the sanitary sewer lateral to the subject dwelling are the responsibility of the property owners. As outlined in the attached staff report (Attachment 1), the annexation area is contiguous to the City limits and can be served with the minimum level of key urban facilities and services as required in the Eugene-Springfield Metropolitan Area General Plan. The attached staff report also confirms the annexation request meets the criteria established in SDC Section 5.7-100. Recommendation: 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 and Willamalane Park and Recreation District; and (b) withdraw the same territory from the Willakenzie Rural Fire Protection District. TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION ______________________________________________________________________________ File Name: Horton Annexation Applicant: Don & Lauren Horton Case Number: ANX13-00004 Proposal Location: 827 South 57th Street (Map 18-02-04-14, Tax Lot 100) Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10) Plan Designation: LDR Applicable Comprehensive Plan: Metro Plan Application Submittal Date: May 29, 2013 Associated Applications: PRE13-00014 (Pre-submittal meeting for annexation) 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 Applicant Don Horton 541-517-3059 780 South 57th Street Springfield, OR 97478 Owners Don & Lauren Horton 541-517-3059 780 South 57th Street Springfield, OR 97478 SITE S 57th St S 58th St S 56th St City Limits City Limits Ridge Ct Bob Straub Parkway 57th Street Right-of-Way Recommended For Concurrent Annexation Attachment 1, Page 1 of 6 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: Staff conducted an informal Development Issues Meeting for the subject annexation request at no cost and on an expedited time line at the Development & Public Works office on May 9, 2013. Because the subject request to annex is to address a potential public health hazard and the necessary services are available along the property frontage, the applicant was advised to proceed directly to the Annexation application pre-submittal step. 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 4, Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The property requested for annexation is a 0.67 acre parcel on the east side of South 57th Street just south of Ridge Court. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is currently developed with a single family dwelling. Annexation is requested to facilitate connection to City sewer service due to a failed septic system on the property. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Springfield School District 19), roads (Lane County and City of Springfield), water and electricity (Springfield Utility Board), and Fire (Cities of Eugene & Springfield and Willakenzie Rural Fire Protection District). Upon annexation, the City of Springfield will be responsible for urban services, including sewer, water, electricity and police/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 June 13, 2013, 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. Newspaper Notice. Notice of the July 1, 2013 public hearing date was published in The Register- Guard on June 17 and 24, 2013. Posted Notice. Notice of the July 1, 2013 public hearing was posted in four public places in the City: at one location along the property frontage on South 57th Street; at Springfield City Hall and in the Development & Public Works office; and on the City of Springfield website, on or before June 18, Attachment 1, Page 2 of 6 2013. Staff posted a notice of postponed hearing at the Council Chambers on July 1, 2013 advising that the hearing date was moved to July 22, 2013. No public input or written testimony has been received in the interim. Finding: Upon annexation of the subject territory to the City the current Low Density Residential 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 prior to the public hearing. Because of the urgency of the request, staff confirmed with DLCD that less than the full 35 days advance notice was acceptable for the proposed annexation action. DLCD notification was sent on June 7, 2013, which is 24 days prior to the initially scheduled hearing date. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Development & Public Works 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 territory is located within the acknowledged urban growth boundary (UGB) of the City of Springfield as modified on the Metropolitan Area General Plan diagram (Metro Plan). The site is contiguous to the City limits on three sides. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Finding: Staff is recommending concurrently annexing a segment of South 57th Street right-of-way to eliminate irregular gaps in the City limits line. With the concurrent annexation of right-of-way, the subject site will be surrounded by territory lying within the City limits. 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 territory requested for annexation is located within the acknowledged UGB of the Metro Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding: The territory requested for annexation is not located in an adopted Refinement Plan area and there are no proposed changes to the current zoning or plan designation. Finding: The continued annexation of properties and public street rights-of-way to the City of Springfield is consistent with the Metro Plan, which will result in the elimination of special districts within the urbanizable area. The City’s adopted comprehensive plans recognize that as annexations to the City occur, the special district service areas will diminish incrementally and eventually will be dissolved. Attachment 1, Page 3 of 6 Finding: The territory requested for annexation is within the Willakenzie Rural Fire Protection District. The Fire District has a service arrangement with Eugene/Springfield Fire & Life Safety for provision of fire response to certain unincorporated areas of southeast 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 Willakenzie Rural Fire Protection District consistent with ORS 222.510, 222.520, and 222.525 and Eugene/Springfield Fire & Life Safety will provide emergency response 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 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. 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. 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 – The subject site is currently within the service area of the City by and through the Springfield Utility Board. Existing water infrastructure within the vicinity will be maintained by the affected utility providers. Electricity – SUB Electric provides service to developed properties in portions of southeast Springfield that are north of the Mt. Vernon Road alignment, including the subject site. Existing electrical system infrastructure within the adjacent public rights-of-way will be maintained by the affected utility providers. Police Services – The Springfield Police Department currently provides service to areas of southeast 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. Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with the Willakenzie Rural Fire Protection District. Upon annexation, the City will continue to provide fire and emergency services to the subject territory. 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. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center. The park district offers various after-school and other programs for Attachment 1, Page 4 of 6 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. Willamalane has recently started construction of a new neighborhood park on the east side of Bob Straub Parkway, just to the southeast of the subject property. 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 subject area will be within the service area of the Springfield Public Library. Schools – The Springfield School District serves this area of southeast Springfield, including both annexed and non-annexed properties. The School District has recently outlined plans for a future school building at a site on the east side of Bob Straub Parkway, just to the southeast of the subject property. Sanitary Sewer – The annexation area can be served by connection to an existing sanitary sewer lateral along the property frontage. A public sanitary sewer line runs within South 57th Street, and no extension or upgrade to the public system is required with this annexation request. The applicant has depicted the sanitary sewer connection point on a utility servicing plan (Attachment 3). Stormwater – The subject annexation territory is served by a piped stormwater management system within South 57th Street. However, there are no immediate planned changes to the public stormwater management system associated with this annexation request. Streets – The subject annexation area has frontage on South 57th Street, which is classified as a major collector street and is currently under Lane County jurisdiction. Along the property frontage, South 57th Street is improved with curb and gutter, curbside sidewalk, lane striping, bicycle lane, and street lighting. There are no immediate planned or required street improvements associated with this annexation request. Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for 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 urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas within the Springfield urban growth boundary. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the Metro Plan are either immediately available or can be provided within a reasonable future time frame as needed. 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 property owners requesting annexation have been informed of the requirements for connection of urban utilities to serve the site and understand the responsibility of the developer to fund such improvements. Attachment 1, Page 5 of 6 Because there are no significant fiscal impacts to the City for providing a minimum level of key urban services, an Annexation Agreement is not required for this request. Connection of utilities to serve the annexation area will be undertaken through the City’s standard permitting process. Conclusion: The proposal meets this criterion. DIRECTOR’S RECOMMENDATION: Approve the annexation of the subject territory to City of Springfield and Willamalane Park and Recreation District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On July 22, 2013, the City Council will conduct a Public Hearing and reading of this Annexation Ordinance. Based on the staff analysis and recommendation to adopt as an emergency ordinance, and on testimony provided at the Public Hearing, the City Council may direct a second reading of the Ordinance to occur on July 22, 2013. The Council may order modifications to this Ordinance in consideration of evidence in the record. Zoning (SDC 5.7-150): The annexation area is zoned and designated Low Density Residential in accordance with the adopted Metro Plan. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the site will retain the Low Density Residential zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City Council after a second reading on July 22, 2013, the Ordinance will become effective immediately after adoption by the City Council and signature of the Mayor, and upon acknowledgement of filing with the Secretary of State. 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 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 delineated service territory of the Willakenzie Rural Fire Protection District. Eugene/Springfield Fire & Life Safety will provide emergency response service after annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie Rural Fire Protection District was in the best interest of the City. The withdrawal decision was codified in Ordinance No.______. Attachment 1, Page 6 of 6 20TH ST 19TH ST 16TH ST YOLANDA AVE 21ST ST HARVEST LN VERA DR 17TH ST17TH PL 15TH STGRAND VISTA DR RANCH DRCHEEK ST DELROSE AVE YENTA AVE HAYDEN BRIDGE RD 15TH ST VERA DR 17TH ST VERA DR DELROSE AVE VIEWMONT AVE Citywide Overview Springfield, OR Site There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product Within Springfield City Limits Outside Springfield City Limits I 2021 Miles Attachment 2, Page 1 of 3 MAIN ST A ST JASPER RD DAISY ST BOB STRAUB PKWY B ST S 57TH ST MT VERNON RD WEYERHAEUSER RD MOUNTAINGATE DR LINDA LN S 58TH ST 58TH STHWY 12654TH ST S 52ND PLS 52ND STS 53RD ST 51ST ST S 54TH ST C ST S 51ST PL 64TH ST55TH ST FORSYTHIA DR MAHOGANY LN S 51ST ST S 59TH ST 57TH ST GRAYSTONE LPS 55TH PL S 57TH PL MICA ST PRIVATE ROAD 62ND PL60TH PL FERNHILL LP S 56TH ST CHAPMAN LN COLLIER DR S 61ST ST LIL A C L N ORCH ID LN MINERAL WAY 64TH PL QUARTZ AVE CYNTHIA CT S 60TH ST 63RD ST K A L M I A L N CAMELLIA ST PEBBLE CT ASTER ST PUMICE PL C IN D E R S T PERIDOT WAY RIDGE CT S 53RD ST S 58TH ST A ST S 60TH ST S 57TH PL B ST HWY 126 A ST S 59TH ST B ST A ST PRIVATE ROAD ORCHID LN S 51ST PL Neighborhood Overview Springfield, OR There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product Within Springfield City Limits Outside Springfield City Limits Proposed Annexation Tax Lots I 1,00001,000500 Feet Site Attachment 2, Page 2 of 3 S 57TH ST S 58TH ST S 55TH PLBOB STRAUB PKWYS 56TH ST KALMIA LN S 59TH ST S 57TH PL RIDGE CT WEYERHAEUSER RDMOUNTAINGATE DR RIDGE CREST DR IVY ST Subject Area Springfield, OR Site There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product Within Springfield City Limits Outside Springfield City Limits Proposed Annexation Tax Lots I 2000200100 Feet Attachment 2, Page 3 of 3 SITE SERVICING PLAN Attachment 3, Page 1 of 1 Attachment 4, Page 1 of 12 Attachment 4, Page 2 of 12 Attachment 4, Page 3 of 12 Attachment 4, Page 4 of 12 Exhibit A , Page 3 of 4 Attachment 4, Page 5 of 12 Exhibit A , Page 4 of 4 Attachment 4, Page 6 of 12 Exhibit B, Page 1 of 6 Attachment 4, Page 7 of 12 Exhibit B, Page 2 of 6 Attachment 4, Page 8 of 12 Exhibit B, Page 3 of 6 Attachment 4, Page 9 of 12 Exhibit B, Page 4 of 6 Attachment 4, Page 10 of 12 Exhibit B, Page 5 of 6 Attachment 4, Page 11 of 12 Exhibit B, Page 6 of 6 Attachment 4, Page 12 of 12