HomeMy WebLinkAboutItem 10 Annexation of Territory to the City of Springfield - Property Located at 249 North Brooklyn Street and 4224 Franklin Blvd AGENDA ITEM SUMMARY Meeting Date: 2/3/2014
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 1.35 ACRE PROPERTY LOCATED AT 249 NORTH BROOKLYN STREET AND 4224 FRANKLIN
BOULEVARD IN GLENWOOD.
ACTION
REQUESTED:
Conduct a public hearing and first reading on 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 GLENWOOD WATER
DISTRICT (FIRST READING).
ISSUE STATEMENT: A request for annexation to the City of Springfield has been received from Dale Foster, FPS Investments LLC, owner of property on the north side of Franklin Boulevard just west of the
intersection with McVay Highway in Glenwood. The 1.35-acre site requested for annexation is inside the City’s Urban Growth Boundary (UGB) and is contiguous with the City limits. The property owner is requesting annexation to the City to facilitate future developmentand
connection of public utilities and infrastructure.
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: 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 30 days after signature by the Mayor or upon acknowledgement by the State – whichever date is later.
The subject site is contiguous to the City limits along the south boundary. The site is currently developed and has an aggregate assessed value of $277,985. Public utility extensions and other
infrastructure will be required in order to facilitate site redevelopment, a signed Memorandum of
Understanding for Annexation is pending and is expected to be executed prior to the public hearing for this annexation. More information on the memorandum is contained herein at
Attachment 1. . Upon annexation, utility extensions and street improvements required to serve
the proposed development site would be subject to the Site Plan Review process.
The property requested for annexation is zoned Residential Mixed-Use with an Urbanizable
Fringe Overlay (UF-10) in accordance with the Springfield Zoning Map and the recently adopted Glenwood Refinement Plan. Upon annexation, the UF-10 overlay will be removed.
As outlined in the attached staff report (Attachment 1), the annexation area 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 Section 5.7-100 of the Springfield Development Code.
Recommendation: Staff recommends the City Council approve the annexation of territory, as
depicted on Exhibit A to the annexation request, to the City of Springfield and Willamalane Park and Recreation District, and withdraw the same territory from the Glenwood Water District.
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
______________________________________________________________________________
File Name: Foster (HACSA) Annexation
Applicant: Dale Foster, FPS Investments LLC
Case Number: ANX13-00007
Proposal Location: 4224 Franklin Boulevard
and 249 N. Brooklyn St. (Map 17-03-34-41,
TL 1100, 1400 and 1700-2000)
Current Zoning: Residential Mixed-Use with Urbanizable Fringe Overlay (UF-10)
Plan Designation: Residential Mixed-Use
Applicable Comprehensive Plan: Glenwood Refinement Plan
Application Submittal Date: Nov. 18, 2013
Associated Applications: PRE13-00001 (Development Issues Meeting for Annexation); PRE13-00034 (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 Dale Foster
FPS Investments LLC
541-729-2468 P.O. Box 10268
Eugene, OR 97440
Applicant’s
Representative
Colin McArthur
Cameron McCarthy
Landscape Architecture
& Planning
541-485-7385 160 E. Broadway
Eugene, OR 97401
SITE
City Limits
Franklin Blvd
N Brooklyn St
S Brooklyn St Concord Ave
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: A Development Issues Meeting for the subject annexation request was held on January 30, 2013. 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 owner who owns all of the land and real property, and full assessed value of real
property in the contiguous territory, has filed an application and petition requesting annexation to the City of
Springfield (Attachment 3).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The territory requested for annexation is an assembly of six contiguous tax lots located on
the north side of Franklin Boulevard just west of the intersection with McVay Highway. The subject site is
inside the Springfield Urban Growth Boundary (UGB) and comprises a total of 1.35 acres in aggregate. According to the applicant’s submittal, the subject annexation territory is intended to be developed with three
residential apartment buildings, parking lot, and on-site landscaping. The territory requested for annexation is contiguous to the Springfield city limits along the south boundary (Franklin Boulevard frontage) of the site.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Eugene 4J School District), roads (Lane County and City of
Springfield), and Fire (Cities of Eugene & Springfield). Springfield Utility Board (SUB) provides electricity
service to the proposed annexation area and Glenwood Water District currently provides water service. Upon annexation, the City of Springfield will be responsible for all 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 January 20, 2014, 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 February 3, 2014 public hearing was published in The Register-
Guard on January 20 and 27, 2014.
Posted Notice. Notice of the February 3, 2014 public hearing was posted in four public places in the
City: at one location along the property frontage on Franklin Boulevard; at Springfield City Hall and in the Development and Public Works office; and on the City of Springfield website, on or before January
20, 2014.
Attachment 1, Page 2 of 6
Finding: Upon annexation of the subject territory to the City the current Residential Mixed-Use zoning will be
retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation
proceedings more than 35 days prior to the public hearing. Notification to DLCD regarding the proposed
annexation was sent on December 9, 2013.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130.
Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on
the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.7-140, Criteria.
Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal
conforms to the following criteria:
A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is 1. Contiguous to the city limits; or
2. Separated from the City only by a public right of way or a stream, lake or other body of water.
Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The area requested for annexation abuts
the Springfield city limits along the south boundary (Franklin Boulevard street frontage). 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 annexation area 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 located in the adopted Glenwood Refinement Plan area and there are no proposed changes to the current zoning or plan designation.
Finding: The Urban Transition and Annexation section of the adopted Glenwood Refinement Plan recognizes that, ultimately, all territory within Glenwood will be annexed to Springfield.
Finding: The continued annexation of properties and public street rights-of-way to the City of Springfield is consistent with the Metro Plan and the adopted Refinement Plan, which will result in the elimination of special
districts within the urbanizable area. The Glenwood Refinement Plan recognizes 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 Glenwood Water District. The water district has service arrangements with Eugene/Springfield for provision of fire response to unincorporated areas of
Glenwood. 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 Glenwood Water District consistent with ORS 222.510, 222.520, and 222.525 and Springfield Utility Board will provide water service directly to the
annexation area.
Attachment 1, Page 3 of 6
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 and the adopted Glenwood Refinement Plan recognize 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 Glenwood Water District currently provides water service to unincorporated areas of Glenwood. Upon annexation, the subject site would be 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. Although
there is existing public water service on the north side of Franklin Boulevard, SUB Water has advised that the applicant may need to upgrade the water service to the property in order to achieve the desired dwelling unit
density on the site.
Electricity – SUB Electric provides service to developed properties in this area of Glenwood including the
subject site. Upon annexation, the property owner will be able to request an upgraded electrical service for the proposed residential development. Existing electrical system infrastructure within the adjacent public rights-of-way will be maintained by the affected utility providers.
Police Services – Springfield Police Department currently provides service to areas of Glenwood 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 Glenwood Water 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.
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 Eugene 4J School District serves the Glenwood area. Future residents of the planned apartment
buildings on the site would be served by the following public schools: Edison Elementary School; Roosevelt
Middle School; and South Eugene High School.
Sanitary Sewer – The annexation area can and will be served by extension of a public sanitary sewer line from
the trunk line in Franklin Boulevard. Extension of the public sewer system is a necessary component of the
City’s redevelopment plans for Glenwood.
Stormwater – The subject annexation territory is not currently served by a piped stormwater management
system. Incremental improvements to the public stormwater system will be required as development plans are
advanced for the subject site and adjoining properties. The site can be served by a combination of on-site
treatment and regulated discharge to the constructed stormwater facilities in the adjacent Park Blocks, which
will be developed in the future. 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 Franklin Boulevard, which is classified as a major arterial
street and is currently under ODOT jurisdiction. Along the property frontage, Franklin Boulevard is improved
with curb and gutter, curbside sidewalk, lane striping and street lighting. There are no immediate planned or
required street improvements associated with this annexation request. Street frontage improvements, if required,
will be reviewed and approved through the Site Plan Review and Public Improvement Project (PIP) process.
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 Glenwood. 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 and the adopted
Glenwood Refinement 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 public agency requesting annexation is well aware of the requirements for future dedication of
public rights-of-way necessary to accommodate planned public street extensions; the need for extension of
urban utilities to serve the site and land beyond the annexation area; and the responsibility of the developer to
fund such improvements. The applicant has submitted a draft Memorandum of Understanding (MOU)
addressing potential fiscal costs for annexation of the subject property. The MOU is a conceptual agreement
Attachment 1, Page 5 of 6
intended to clarify the timing and allocation of responsibility for dedication of public rights-of-way, extension of
utilities, construction of public street improvements, and integration of the subject property with adjacent public
and private developments as specific costs become available. Due to the draft status of street and other
infrastructure plans in Glenwood, the MOU is an acceptable level of detail for annexation approval at this time.
Staff has reached agreement in principle with the applicant on key elements of the proposal, continues to work
with the applicant to finalize details of access, utilities and infrastructure costs based upon the most current plans
available and anticipates presenting the MOU at the public hearing.
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; and withdrawal of the subject territory from
the Glenwood Water District.
City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance.
Finding: On February 3, 2014, the City Council will hold a Public Hearing for the subject annexation request
and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendation, and on
testimony provided at the Public Hearing, the City Council may take action to approve, modify or deny the
Annexation Ordinance.
Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Residential Mixed-Use on
the Glenwood Refinement Plan diagram. 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 Residential Mixed-Use zoning.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City
Council on February 3, 2014 and granted a second reading on February 18, 2014, the Ordinance will become
effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around
March 20, 2014), or upon acknowledgement of filing with the Secretary of State – whichever date is later.
Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur
concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to
the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed
territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the
City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal
shall be provided in the same manner as the annexation notice in Section 5.7-150.
Finding: The annexation area is within the delineated service territory of SUB (electric) and the Glenwood
Water District (water). SUB Water will provide 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 Glenwood
Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance
No.______.
Attachment 1, Page 6 of 6
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S65°12'30"
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314'
(365')
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13'12'80'35.7'
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RO
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30'N89°50'52"E266.70'
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R=914.93'
NORTH LINEDLC 82
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S89°59'40"E80.39'EAST 81.0'
I.P. SET INCS #6232 I.P. SET INCS #6232
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42.83'
N01°42'55"W34.58'
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128.69'NE CORMCVEYDLC 82
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0
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E141.01'
346.7'
(130')
BRIDGE
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LEFT BANKMEANDER PT
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RIGHT BANKMEANDER PT
1600
0.28 AC
0.56 AC
2.14 AC
0.4 AC
0.95 AC
1.54 AC
2.99 AC1.58 AC
6.99 AC
800 700
500
100
1000
900
1100
13001400
1500
2000
2100
1900
1800 1700
400
300
200
004-80
004-28 004-26
019-99
019-00019-02
SEE MAP17033523
SEE MAP17033444
SEE MAP17033532
SEE MAP17033442
SEE MAP17033414
SEE MAP17033443
FOR ASSESSMENT ANDTAXATION ONLY N.E.1/4 S.E.1/4 SEC. 34 T.17S. R.3W. W.M.Lane County1" = 100'
CANCELLED60012001600
17033441SPRINGFIELD
SPRINGFIELD17033441
lcatcab - 2011-10-28 13:32
REVISIONS10/28/2011 - LCAT115 - CONVERT MAP TO GIS
Exhibit A, Page 1 of 2
Attachment 3, Page 3 of 10
Ex
h
i
b
i
t
A
,
P
a
g
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2
o
f
2
At
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3,
Pa
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4
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Exhibit B, Page 1 of 6
Attachment 3, Page 5 of 10
Exhibit B, Page 2 of 6
Attachment 3, Page 6 of 10
Exhibit B, Page 3 of 6
Attachment 3, Page 7 of 10
Exhibit B, Page 4 of 6
Attachment 3, Page 8 of 10
Exhibit B, Page 5 of 6
Attachment 3, Page 9 of 10
Exhibit B, Page 6 of 6
Attachment 3, Page 10 of 10