HomeMy WebLinkAboutItem 11 Annexation of Territory to the City of Springfield - 4076 North StreetAGENDA 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 0.36 ACRE
PARCEL WITH AN EXISTING SINGLE FAMILY DWELLING LOCATED AT 4076
NORTH STREET.
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 Larry and Cindy Van
Beenen, owners of property municipally addressed as 4076 North 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.
ATTACHMENTS: Attachment 1: Staff Report and Recommendations
Attachment 2: Area, Vicinity and Site Maps
Attachment 3: 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 $111,248.
The subject property is within an established neighborhood with an existing suite of urban services. A
sanitary sewer lateral was previously stubbed into the property frontage when a public sewer project
was extended along North Street. Staff advises that the applicant was allowed to connect to the
sanitary system immediately upon payment of required City fees to alleviate the potential 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: Van Beenen Annexation
Applicant: Larry & Cindy Van Beenen
Case Number: ANX13-00005
Proposal Location: 4076 North Street
(Map 18-02-06-11, Tax Lot 700)
Current Zoning:
Low Density Residential (LDR) with
Urbanizable Fringe Overlay (UF-10)
Plan Designation: LDR
Applicable Comprehensive Plan:
Metro Plan
Application Submittal Date: June 19, 2013
Associated Applications: PRE13-00015 (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
Applicants Larry & Cindy Van Beenen 541-741-7880 4076 North Street
Springfield, OR 97478
Owners Larry & Cindy Van Beenen
541-741-7880 4076 North Street
Springfield, OR 97478
SITE
North St
Shady
Creek Dr
Filbert Ln
City Limits
City Limits
S Redwood Dr
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 30, 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 0.36 acre parcel with frontage on South
Redwood Drive along the north boundary and North Street along the south boundary. 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 July 2, 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 22, 2013 public hearing was published in The Register-Guard
on July 8 and 15, 2013.
Posted Notice. Notice of the July 22, 2013 public hearing was posted in five public places in the City:
at one location along the property frontage on South Redwood Drive; at one location along the property
Attachment 1, Page 2 of 6
frontage on North Street; at Springfield City Hall and in the Development & Public Works office; and
on the City of Springfield website, on or before July 8, 2013.
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 26, 2013, which is 26 days prior to the 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).
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.
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
Attachment 1, Page 3 of 6
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 served by the City by and through the Springfield Utility Board. Existing
water infrastructure within the vicinity will be maintained by the affected utility providers.
Electricity – The subject site is currently served by the City by and through the Springfield Utility Board.
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 south 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
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 park
facilities to the subject property are Douglas Gardens Park at 3455 South Redwood Drive (west of the
annexation area) and Volunteer Park at 4350 Mount Vernon Road (east of the annexation area).
Attachment 1, Page 4 of 6
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 subject property is within the school boundaries of Mount Vernon Elementary
School (just east of the subject property at 935 Filbert Lane), Agnes Stewart Middle School (900 South 32nd
Street) and Springfield High School (875 7th Street).
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 North Street, and no extension or upgrade to the
public system is required with this annexation request. The applicant has obtained necessary City permits and
connected the house to the existing sewer lateral.
Stormwater – The subject annexation territory is served by a piped stormwater management system within
South Redwood Drive. 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 both South Redwood Drive along the north boundary, and
North Street along the south boundary. Along the south property frontage, North Street is classified as a local
road and is currently under Lane County jurisdiction. The street is not developed to urban standards and lacks
full pavement width, curb and gutter, sidewalks, street trees, street lighting, and a piped storm sewer system.
The applicants have executed an Improvement Agreement for a proportionate share of future improvements to
North Street, including paving, curb, gutter, street trees, sidewalks, storm sewer, and street lighting (Document
2013-036436, Lane County Deeds & Records).
Along the north property frontage, South Redwood Drive is a local City street that is improved to urban
standards with curb and gutter, curbside sidewalk, lane striping and street lighting. There are no immediate
planned or required street improvements to South Redwood Drive 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.
Attachment 1, Page 5 of 6
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.
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.
Finding: The applicants have already paid City fees and obtained necessary permits to connect the dwelling to
sanitary sewer service, thereby alleviating the potential public health hazard.
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
BOOTH KELLY RD
JASPER RD
DAISY ST
S E ST
CHEROKEE DR
S 32ND ST
OREGON AVE
S 38TH STS 41ST ST
DOUGLAS DR
CLEARWATER LNS 42ND ST
A ST 42ND ST40TH ST39TH ST38TH PL38TH ST37TH ST36TH ST35TH ST
S 34TH ST
33RD ST
S 35TH ST
HOLLY ST
S 40TH ST
S REDWOOD DR
S 37TH STS 44TH ST
41ST ST
S 43RD ST
RICHLAND ST
NORTH ST
43RD PL
CAMELLIA ST
S 39TH ST
IVY ST
S 40TH PL
S 32ND PL
S F ST FORSYTHIA ST
HAZELNUT LN
S 34TH PL
C ST
S 37TH PL
KINTZLEY AVELAUREL AVE
S 46TH ST
44TH ST
VIRGINIA AVE
S A ST
D I X I E D R
S 42ND PL
PINYON ST
32ND ST
B ST
COLE WAYLONG RIDGE DR
OSAGE ST
DUKE ST
ASTER ST
MT VERNON RD
S 43RD PL
HARMON LN
KALMIA ST
S E CT
GL AC IE R ST
HORACE ST
ALDRIDGE PL
GARDEN AVE
S 44TH PL
COMMERCIAL AVE
GEM AVE
DONDEA ST
FERN WAY
S 40TH CT
S 44TH STASTER ST
S REDWOOD DR
S 38TH ST
S 40TH STS 37TH ST
PINYON ST
S 40TH PLS 37TH PL
JASPER RDS 41ST ST
S 42ND ST S 44TH ST
S 43RD ST
S E ST
ASTER ST
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
NORTH ST
FILBERT LN
OSAGE ST
PINYON ST
CHEROKEE DR
S REDWOOD DR
HAZELNUT LN
DOUGLAS DR
S 40TH PL
HORACE ST
BOOTH KELLY RD
SHADY CREEK DR
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
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Exhibit B, Page 1 of 8
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Exhibit B, Page 3 of 8
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Exhibit B, Page 4 of 8
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Exhibit B, Page 5 of 8
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Exhibit B, Page 6 of 8
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Exhibit B, Page 7 of 8
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Exhibit B, Page 8 of 8
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