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HomeMy WebLinkAboutNotice APPLICANT 1/29/2014 DUPLICATE • DLCD FORM 1 NOTICE OF A PROPOSED CHANGE FOR DLCD USE TO A COMPREHENSIVE PLAN OR File No.: , LAND USE REGULATION Received: Local governments are required to send notice of a proposed change to a comprehensive plan or land use regulation at least 35 days before the first evidentiary hearing. (See OAR 660-018-0020 for a post-acknowledgment plan amendment and OAR 660-025-0080 for a periodic review task). The rules require that the notice include a completed copy of this form. Jurisdiction: City of Springfield Local file no.:ANX14-00001 Please check the type of change that best describes the proposal: ❑ Urban growth boundary (UGB) amendment including more than 50 acres, by a city with a population greater than 2,500 within the UGB ❑ UGB amendment over 100 acres by a metropolitan service district ❑ Urban reserve designation,or amendment including over 50 acres, by a city with a population greater than 2,500 within the UGB ❑ Periodic review task—Task no.: ® Any other change to a comp plan or land use regulation (e.g., a post-acknowledgement plan amendment) Local contact person (name and title): Andy Limbird, Senior Planner Phone: 541-726-3784 E-mail: alimbird@springfield-or.gov Street address: 225 5th Street City: Springfield Zip: 97477- Briefly summarize the proposal in plain language. Please identify all chapters of the plan or code proposed for amendment (maximum 500 characters): The applicant is requesting to annex approximately 4 acres of property to the City of Springfield.The property is zoned Low Density Residential (LDR) with an Urban Fringe Overlay (UF-10) designation indicating that it is currently outside city limits. Approval of the proposed annexation will cause the removal of the Urban Fringe (UF-10) zoning overlay district, leaving in place the underlying zoning and Metro Plan designations. Date of first evidentiary hearing: 03/03/2014 Date of final hearing: 03/17/2014 ❑ This is a revision to a previously submitted notice. Date of previous submittal: Check all that apply: ❑ Comprehensive Plan text amendment(s) ❑ Comprehensive Plan map amendment(s)— Change from to Change from to ❑ New or amended land use regulation ❑ Zoning map amendment(s)— Change from LDR/UF-10 to LDR Change from to ❑ An exception to a statewide planning goal is proposed—goal(s) subject to exception: ® Acres affected by map amendment: 4 Location of property, if applicable (site address and T, R, Sec.,TL): 17-03-35-34-TL 7100, 18-03-02-12-TL 301, 18- 03-02-21-TI 100, LCODR http://www.oregon.gov/LCD/Pages/forms,aspx -1- Form updated November 1, 2013 NOTICE OF A PROPOSED CHANGE - SUBMITTAL INSTRUCTIONS 1. Except under certain circumstances, proposed Include this Form 1 as the first pages of a combined amendments must be submitted to DLCD's Salem file or as a separate file. office at least 35 days before the first evidentiary 5. File format: When submitting a Notice of a hearing on the proposal. The 35 days begins the day of Proposed Change via e-mail or FTP, or on a digital the postmark if mailed, or, if submitted by means other disc, attach all materials in one of the following than US Postal Service, on the day DLCD receives the formats: Adobe .pdf(preferred); Microsoft Office (for proposal in its Salem office. DLCD will not confirm example, Word .doc or docx or Excel .xls or xlsx); or receipt of a Notice of a Proposed Change unless ESRI .mxd, .gdb, or .mpk. For other file formats, requested. please contact the plan amendment specialist at 503- 2. A Notice of a Proposed Change must be submitted 934-0017 or plan.amendments,state.or.us. by a local government(city, county, or metropolitan 6. Text: Submittal of a Notice of a Proposed Change service district). DLCD will not accept a Notice of a for a comprehensive plan or land use regulation text Proposed Change submitted by an individual or private amendment must include the text of the amendment firm or organization. and any other information necessary to advise DLCD 3. Hard-copy submittal: When submitting a Notice of the effect of the proposal. "Text"means the specific of a Proposed Change on paper, via the US Postal language proposed to be amended, added to, or deleted Service or hand-delivery, print a completed copy of from the currently acknowledged plan or land use this Form 1 on light green paper if available. Submit regulation. A general description of the proposal is not one copy of the proposed change, including this form adequate. The notice may be deemed incomplete and other required materials to: without this documentation. Attention: Plan Amendment Specialist 7. Staff report: Attach any staff report on the Dept. of Land Conservation and Development proposed change or information that describes when 635 Capitol Street NE, Suite 150 the staff report will be available and how a copy may Salem, OR 97301-2540 be obtained. This form is available here: 8. Local hearing notice: Attach the notice or a draft http://www.oregon.gov/LCD/forms.shtml of the notice required under ORS 197.763 regarding a 4. Electronic submittals of up to 20MB may be sent quasi judicial land use hearing, if applicable. via e-mail. Address e-mails to plan.amendmentsA 9. Maps: Submittal of a proposed map amendment state.or.us with the subject line "Notice of Proposed must include a map of the affected area showing Amendment." existing and proposed plan and zone designations. A Submittals may also be uploaded to DLCD's FTP site paper map must be legible if printed on 8'/2" x 1 I" at paper. Include text regarding background,justification http://www.oregon.gov/LCD/Pages/papa submittal.asp for the change, and the application if there was one accepted by the local government. A map by itself is X' not a complete notice. E-mails with attachments that exceed 20MB will not be 10. Goal exceptions: Submittal of proposed received, and therefore FTP must be used for these amendments that involve a goal exception must include electronic submittals. The FTP site must be used for the proposed language of the exception. all .zip files regardless of size. The maximum file size for uploading via FTP is 150MB. 660-018-0022 provides: (1) When a local government determines that no goals,commission rules,or land use statutes apply to a particular proposed change, the notice of a proposed change is not required[a notice of adoption is still required, however]; and (2) If a local government determines that emergency circumstances beyond the control of the local government require expedited review such that the local government cannot submit the proposed change consistent with the 35-day deadline, the local government may submit the proposed change to the department as soon as practicable.The submittal must include a description of the emergency circumstances. http://www.oregon.gov/LCD/Pages/forms.aspx -3- Form updated November 1,2013 January 14, 2014 Springfield Utility Board Annexation Application Map 17-03-35-34, Lot 7100, Map 18-03-02-12, Lot 301 and Map 18-03-02-21, Lot 100) WRITTEN STATEMENT In accordance with SDC 5.7-125, Annexation Initiation and Application Submittal, the applicant, the Springfield Utility Board (SUB), is requesting that the City of Springfield review this annexation request and determine that the proposal complies with criteria contained in SDC 5.7-100 and that the requested annexation can be approved. To aid Springfield staff in this endeavor, the following information is provided. I. The Site and Existing Conditions A. Planning Context The SUB property has a Metro Plan land use designation of Light Medium Industrial with Mixed-Use Overlay (MU) on the northern portion and Low Density Residential on the remainder of the property.' The applicable neighborhood refinement plan is the Downtown Refinement Plan which labels the northern portion of the site as Booth Kelly Mixed-Use (BKMU) with the remainder of the site outside the refinement plan boundary. Zoning for all lots is Low Density Residential (LDR). Adjacent Metro Plan land use designation is Light Medium Industrial with Mixed-Use and Low Density Residential. Adjacent zoning is Low Density Residential with the exception of some Booth Kelly Mixed Use to the north and east of Tax Lot 7100. Development of the property is subject to the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), the Downtown Refinement Plan, and the Springfield Development Code which governs land use. The site is inside the Urban Grown VD IN aGr� CEN T ENriV. muram e Boundary (UGB). Roughly 56 percent of the site is outside the City - Limits of Springfield (CL), based on EsT the boundary location shown on tax f-- � lilt w lot maps. ' 11►— _"••■•ri ' o !s It is the portion of the site outside of -}'- current city limits which is subject of � - this annexation application. Excerpt Metro Plan Diagram I I Subject Site December 2010 'The adopted Metro Plan Diagram is not tax lot specific,nor are the boundaries between different and use designations. Furthermore,the Metro Plan Diagram is valid at an 11x17 inch scale only. + LANDSCAPE ARCHITECTS + 375 West 41h,Suite 201,Eugene,OR 97401 SCHIIRMER PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS Phone:541.686.4540 Fax:541.686.4577 SA I R I www.schirmersatre.com Springfield Utility Board Page 2 of 6 Annexation Application—Written Statement January 14,2014 B. Subject Site The property is located in the south central portion of Springfield, south of Downtown, south of the Booth Kelly site. The site itself is comprised of three contiguous tax lots and is approximately 7.38 acres in size. The tax lots, owned by the City of Springfield — Springfield Utility Board, are developed with Springfield Utility Board (SUB) water storage facilities. These include two abandoned open air reservoirs, a two million gallon storage tank, a pump station and associated supply and distribution piping infrastructure. Portions of the site abut Quarry Road to the north, South 6th Street to the west, unimproved Central Boulevard to the southwest and unimproved Hill Street to the south. To the east of the site is a portion of the city-owned Booth Kelly tax lot. Other than residential use along Quarry Road and South 6th Street, and mixed use on the Booth Kelly site to the north, the adjacent property is vacant. -r .. ii:_,. .._,,. . _ ' - ' • \ ...... C,000lc earth I Subject Map Subject Site F Google Earth 2012 The site is sloping and partially forested. Slopes vary from less than 5 percent to greater than 60 percent on the northwest sloping face. Soils are a mixture of fine and cobbly silty clay foams with the depth to bedrock typically less than 40 inches. Depth to ground water is thought to be more then 80 inches below the surface. According to the FIRM Map, the site has been determined to be outside the area of a 500-year flood. II. Annexation—Approval Criteria Annexation Approval Criteria are found in Section 5.7-140 of the Springfield Development Code. Applicable sections of the Code are in italics,followed by proposed findings of facts in normal text SDC 5.7-140 An annexation application may be approved only if the City Council finds that the proposal conforms to the following criteria. Schirmer Satre Group•375 West 40'Avenue,Suite 201.Eugene,OR 97401 •(541)686-4540•Fax(541)686-4577 Springfield Utility Board Page 3 of 6 Annexation Application—Written Statement January 14,2014 A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and contiguous to the city limits or separated from the city limits or separated from the city limits only by a public right-of-way or a stream, lake or other body of wafer. Response: The affected territory (the area proposed for annexation) is located within the city's portion of the urban growth boundary. All three tax lots are contiguous to one another. Thus, the area subject to this annexation application is contiguous to existing city limits because the northern portion of Tax Lot 7100 is already inside Springfield city limits. B. The proposed annexation is consistent with applicable polices in the Metro Plan and in any applicable refinement plan or Plan Districts. Applicable policies of the Metro Plan are listed below: METRO PLAN: Applicable Metro Plan policies and findings in support of this annexation request are as follows: C. Growth Management, Goals, Findings and Policies. • Policy 8a. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: A minimum of key urban facilities and services can be provided to the area in an orderly and efficient manner. Response: Minimum key urban facilities and services as defined in the Metro Plan includes wastewater, stormwater, transportation, solid waste management, water service, fire and emergency medical service, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities and public schools on a district-wide basis(Metro Plan, Chapter V, Glossary, definition 24). As documented elsewhere in this Written Statement these key urban facilities and services can be provided to the subject site in an orderly and efficient manner. • Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. Response: Annexation into the corporate limits of the City of Springfield is codified in the Springfield Development Code (SDC) 5.7-100-5.7-165. Processes and procedures regarding application, annexation, approval criteria, effective date and notice, and withdrawal from special districts are, by submittal and processing of this Annexation Application, being followed. • Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. Response: The subject site is inside the Springfield jurisdiction of the metro area's Urban Growth Boundary. By this Annexation Application herein land within the UGB (the subject site) is being annexed and, as required by applicable approval criteria, will be provided with the minimum level of urban facilities and services. • Policy 18. As annexations to cities occur over time, existing special service districts within the UGB shall dissolve. The cities should consider developing intergovernmental agreements, which address transition issues raised by annexation, with the affected special service districts. Schirmer Satre Group•375 West 4`h Avenue,Suite 201,Eugene,OR 97401 •(541)686-4540•Fax(541)686-4577 Springfield Utility Board Page 4 of 6 Annexation Application-Written Statement January 14,2014 Response: A special district providing services to the subject property is the Willakenzie Rural Fire Protection District (for fire protection). The city of Springfield has intergovernmental agreements with this entity. As codified in the Springfield Development Code (SDC) 5.7-160 - Withdrawal from Public Service Service Districts, the Springfield City Council utilizes a set process to facilitate withdrawals from special districts. • Policy 21a. When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the following method:Annexation to a city. Response: Future development of the subject property could require the provision of additional urban services. Annexation is the preferred method to enable urban service provision. Approval of this Annexation Application herein will satisfy this Metro Plan policy. APPLICABLE REFINEMENT PLAN: The Downtown Refinement Plan is applicable to the northern portion of Tax Lot 7100 that is already within the city limits. There is no refinement plan that applicable to the portion of the site for which annexation is requested. DOWNTOWN REFINEMENT PLAN . 1 0,, 1 t 1 ...1 icy; ::;' `� .. 1 IL in �A .. Ip M 1.1114° 1 ■n,ul ll°'lam i . ---L l I L.gwW .., MR Am.ra, ew w FIR.saw••. •- ill_- 1°"l*' PMK6TM `NF�E '�... \/ /� t 7.701 I CE Subject Site Schirmer Satre Group•375 West 4th Avenue,Suite 201,Eugene,OR 97401 •(541)686-4540•Fax(541)686-4577 Springfield Utility Board Page 5 of 6 Annexation Application—Written Statement January 14,2014 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 Response: The annexation site can be provided with key urban facilities and services as defined in the Metro Plan. The facility, provider and condition applicable to the site are as follows: Wastewate r The subject site has no existing public wastewater infrastructure. There is an existing line that runs to the end of the alley between South 5th Street and South 6th Street, and another that ends in Union Avenue between South 4th Street and South 5th Street. Given the nature of the proposed improvements, no wastewater connection will be needed. Stormwater The subject site does not have any existing public stormwater infrastructure. The closest existing facilities are in the vicinity of South 6th Street and Park Street. The Springfield Stormwater Facilities Master Plan lists the area as a Higher Priority Capital Improvement location for the development of a small basin plan to guide development with respect to stormwater (pages ES-4 and 5-21). Stormwater runoff from the currently contemplated improvements will be managed on-site to provide for water quality treatment and ground water recharge in accordance with Springfield code requirements. Transportation Portions of the site abut Quarry Road to the north, South 6th Street to the west, unimproved Central Boulevard to the southwest and unimproved Hill Street to the south. Access to the site will continue to be taken from Central Boulevard. The proposed improvements and the continued utility operation at the site do not require street improvements. Solid Waste Management Solid waste collection is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. No ongoing need for solid waste collection at the site is anticipated. Water and Electric Service Water and electric service are provided by Springfield Utility Board (SUB). Fire and Emergency Medical Services Fire and ambulance service are currently provided by the Springfield Department of Fire and Life Safety under agreement with the Willakenzie Rural Fire Protection District. After annexation these services would become the sole responsibility of the Springfield Department of Fire and Life Safety. Police Protection Police protection can be provided to this site upon annexation consistent with services provisions throughout the city. Springfield Police currently serve the area immediately to the north and west. City-Wide Parks and Recreation The site is included within the Willamalane Park and Recreation District. Recently approved Bond Measure 20-199 will provide $20 million in bond funds which will be used to help fund future City Park acquisition and development throughout the city as wall as improving and renovating existing parks and trails. Schirmer Satre Group•375 West 4"'Avenue,Suite 201,Eugene,OR 97401 •(541)686-4540•Fax(541)686-4577 Springfield Utility Board Page 6 of 6 Annexation Application—Written Statement January 14, 2014 Land Use Controls The subject property is inside the Springfield portion of the Metro Plan Urban Growth Boundary. The city of Springfield provides land use controls for the site. This service would continue after annexation. Communication Facilities Century Link and a variety of other telecommunications providers offer communication services throughout the Eugene/Springfield Area. Public Schools on a District-Wide Basis Springfield Public Schools is the k-12 education service provider. The full range of District school services is available to the property. Given the above regarding public and private facility availability, this criterion is met. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Response: An Annexation Agreement, if one is required, will be prepared by the City. Ill. Attachments The following attachments are included with this application. 1. Petition Signature Sheet 2. Ownership Worksheet 3. Supplemental Information Form 4. Legal Description of Affected Territory to be Annexed 5. Waiver of One Year Time Limit for Annexation 6. Public/Private Utility Plan 7. Cadastral Map of Annexation Area with Relationship to City Limits IV. Conclusion Based on the information contained in this written statement, the applicant believes that the requested Annexation can be approved. If there are any questions regarding the above information, please do not hesitate to contact Rick Satre, AICP, at Schirmer Satre Group, 541-686-4540 or rick at schirmersatre.com, Schirmer Satre Group•375 West 4th Avenue,Suite 201,Eugene,OR 97401 •(541)686.4540•Fax(541)686-4577