HomeMy WebLinkAboutItem 15 Annexation of Territory to the City of Springfield, Located at 1891 Hayden Bridge RoadAGENDA ITEM SUMMARY Meeting Date: 11/25/2013
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 0.18 ACRE PARCEL WITH AN EXISTING SINGLE FAMILY DWELLING LOCATED AT 1891
HAYDEN BRIDGE ROAD.
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 RAINBOW WATER AND
FIRE DISTRICT AND DECLARING AN EMERGENCY.
ISSUE STATEMENT: A request for annexation to the City of Springfield has been received from Randy and Jessica Fackler, owners of property municipally addressed as 1891 Hayden Bridge Road (Attachment 3,
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 2013) the subject
property has an assessed value of $104,606.
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 Hayden Bridge Road. Consistent with Council direction regarding single lot annexation due to a failed septic system, the applicant was allowed to connect to City sanitary sewer immediately upon payment of required fees in order to alleviate the potential health hazard situation.
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. Staff is recommending
concurrently annexing an approximately 250-foot long segment of Hayden Bridge Road right-of-way
west of 19th Street to fill in a gap in the city limits and provide contiguity for the subject property.
Recommendation: Staff recommends the City Council (a) approve the annexation of territory and
public road right-of-way, 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 Rainbow Water and Fire District.
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
______________________________________________________________________________
File Name: Fackler Annexation
Applicant: Randy & Jessica Fackler
Case Number: ANX13-00006
Proposal Location: 1891 Hayden Bridge
Road (Map 17-03-25-21, Tax Lot 13200)
Current Zoning:
Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10)
Plan Designation: LDR
Applicable Comprehensive Plan: Metro Plan
Application Submittal Date: Oct. 8, 2013
Associated Applications: PRE13-00029 (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 Mitchell Janisse 541-912-1324 2425 34th Street
Springfield, OR 97477
Owners Randy & Jessica Fackler
N/A 223-3 Ming Shui Street
Changchun, Jilin Province
People's Republic of China
130021
SITE
City Limits
Hayden Bridge Rd
Attachment 1, Page 1 of 7
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 September 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’s representative 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 0.18 acre parcel with corner frontage on 19th Street along the east boundary and Hayden Bridge Road along the north 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.
Staff is recommending concurrently annexing a 250-foot long segment of Hayden Bridge Road west of its intersection with 19th Street to avoid creating a gap in the City limits.
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 (Rainbow Water District), electricity (Springfield Utility Board), and Fire (Cities of Eugene
& Springfield). 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 November 4, 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 November 25, 2013 public hearing was published in The Register-
Guard on November 11 and 18, 2013.
Attachment 1, Page 2 of 7
Posted Notice. Notice of the November 25, 2013 public hearing was posted in five public places in the
City: along the property frontage on Hayden Bridge Road; along the property frontage on 19th Street; at Springfield City Hall and in the Development & Public Works office; and on the City of Springfield
website, on or before November 11, 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. DLCD notification was sent on October 18, 2013, which is 38 days
prior to the hearing date. The notification meets the DLCD requirement for 35-day advance notice of proposed zoning map amendments.
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 on
the south side of Hayden Bridge Road, directly across from the nearest territory within the Springfield City limits. Therefore, because the subject property is only separated from the City by public right-of-way, this
annexation application meets the statutory definition of contiguity as found in ORS 222.111(1).
Finding: Staff is recommending concurrently annexing a 250-foot long segment of Hayden Bridge Road right-
of-way to avoid a gap in the City limits line. With the concurrent annexation of right-of-way, the subject site
will be contiguous with 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
Attachment 1, Page 3 of 7
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 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 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 – SUB Water provides water service to incorporated areas of north Springfield. Upon annexation, the Hayden Bridge Road 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 – 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 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.
Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with the Rainbow Water and Fire 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
Attachment 1, Page 4 of 7
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 and
recreation facilities to the subject property are Page Park (1300 Hayden Bridge Road, just west of the annexation area) and the EWEB pathway (south of the annexation area).
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 north Springfield, including both annexed and non-
annexed properties. The subject property is within the school boundaries of Yolanda Elementary School (east of the subject property at 2350 Yolanda Street), Briggs Middle School (2355 Yolanda 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 Hayden Bridge Road and connects with a sanitary
sewer main in 19th Street. Because the lateral has been stubbed to the property frontage, 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 19th
Street and Hayden Bridge Road. 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 Hayden Bridge Road along the north boundary, and 19th Street along the east boundary. Along the north property frontage, Hayden Bridge Road is classified as a
major collector street and is currently under Lane County jurisdiction. The street is developed to urban
standards with paving, curb and gutter, lane striping, bicycle lanes, sidewalks, street trees, street lighting, and a piped storm sewer system. There are no immediate planned or required street improvements to Hayden Bridge
Road associated with this annexation request.
Along the east property frontage, 19th Street is classified as a major collector street and is currently under Lane
County jurisdiction. The street is improved to urban standards with paving, curb and gutter, lane striping,
bicycle lanes, sidewalks, street trees, and street lighting. There are no immediate planned or required street improvements to 19th Street 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.
Attachment 1, Page 5 of 7
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. 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 November 25, 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 November 25, 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 November 25, 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 Rainbow Water and Fire District.
Eugene/Springfield Fire & Life Safety will continue to provide emergency response service after annexation. The City, by and through the Springfield Utility Board, will provide water service to the annexation area upon
annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council
Attachment 1, Page 6 of 7
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.______.
Attachment 1, Page 7 of 7
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Citywide Overview Springfield, OR
Site
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Neighborhood Overview Springfield, OR
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Outside Springfield City Limits
Proposed Annexation
Tax Lots
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Subject Area Springfield, OR
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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 100 0 10050Feet
Attachment 2, Page 3 of 4
PUBLIC SANITARY SEWER SYSTEM MAP – NORTH HAYDEN BRIDGE AREA
Areas Inside Springfield City Limits
Existing Public Sanitary Sewer Lines
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Yolanda Avenue
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Exhibit A, Page 1 of 3
Attachment 3, Page 3 of 15
Page 1 of 2
ANNEXATION LEGAL DESCRIPTION
Situated in Lane County, State of Oregon, in the Northwest quarter of Section 25,
Township 17 South, Range 3 West, Willamette Meridian, being further described as
follows:
Being all those lands conveyed to Randy L. Fackler and Jessica Fackler in that
Warranty Deed recorded on September 17, 2013 as Reception Number 2013-050349 in
Lane County Oregon Official Records, and also including a portion of the right of way of
Hayden Bridge Road in Springfield Oregon, from the intersection of said Road with 19th
Street to a point that is approximately 230 feet west of the west margin of said 19th
Street; the outer boundary of said lands being more particularly described as follows:
Beginning at the Initial Point of LOUGHEAD TRACT as platted and recorded in Book
16, Page 14 in the Lane County Oregon Plat Records;
Thence on the east boundary of said TRACT the following course:
1. South 0°14’00” West 65.00 feet;
Thence leaving said east boundary on the following course:
2. South 89°21’00” East 116.00 feet to the west right of way margin of said Street;
Thence on said west right of way margin the following course:
3. North 48.78 feet;
Thence continuing on said west right of way margin, as extended, the following course:
4. North 105.85 feet, more or less, to a point where said west right of way margin
intersects the east boundary of Lot 10 of KING HENRY COURT as platted and
recorded as Reception Number 2007-028086 in Lane County Oregon Plat
Records;
Thence on said east boundary of Lot 10 the following course:
5. South 39°07’29” West 31.45 feet, more or less;
Thence on the south boundary of said KING HENRY COURT, said boundary also being
the north margin of said Road, the following courses:
6. North 89°21’00” West 150.00 feet,
7. South 89°28’58” West 64.43 feet;
Exhibit A, Page 2 of 3
Attachment 3, Page 4 of 15
Page 2 of 2
Thence leaving said south boundary and said north margin the following course:
8. South 0°39’00” West 63.69 feet to the south margin of said Road;
Thence on said south margin the following course:
9. South 89°21’00” East 119.26 feet to the Point of Beginning.
Containing 22,985 square feet (0.53 acres).
The Basis of Bearings for this description is County Survey File Number 9932, as filed
in the office of the Lane County Oregon Surveyor.
Exhibit A, Page 3 of 3
Attachment 3, Page 5 of 15
Exhibit B, Page 1 of 10
Attachment 3, Page 6 of 15
Exhibit B, Page 2 of 10
Attachment 3, Page 7 of 15
Exhibit B, Page 3 of 10
Attachment 3, Page 8 of 15
Exhibit B, Page 4 of 10
Attachment 3, Page 9 of 15
Exhibit B, Page 5 of 10
Attachment 3, Page 10 of 15
Exhibit B, Page 6 of 10
Attachment 3, Page 11 of 15
Exhibit B, Page 7 of 10
Attachment 3, Page 12 of 15
Exhibit B, Page 8 of 10
Attachment 3, Page 13 of 15
Exhibit B, Page 9 of 10
Attachment 3, Page 14 of 15
Exhibit B, Page 10 of 10
Attachment 3, Page 15 of 15