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HomeMy WebLinkAboutOrdinance 6319 05/19/2014ORDINANCE NO 6319 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 THE RAINBOW WATER DISTRICT THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7 -100 and ORS Chapter 222 to accept, process, and act on annexations to the City; and WHEREAS, a request to annex certain territory was submitted on January 28, 2014, said territory being Assessor's Map Township 17 South, Range 03 West, Section 15, Map 40, Tax Lot 2500 and Assessor's Map Township 17 South, Range 03 West, Section 22, Map 00, Tax Lots 400, 500 & 600, which are municipally addressed as 3491, 3521 and 3535 Game Farm Road and are generally depicted and more particularly described in Exhibit A to this Ordinance; and WHEREAS, in accordance with SDC 5.7 -125.A and ORS 222.111, the property owners initiated the annexation action by submittal of the required application forms and petitions for annexation attached hereto as Exhibit B to this Ordinance; and WHEREAS, this annexation has been initiated in accordance with SDC 5.7 -125.A and ORS 222 and has been set for public hearing; and, WHEREAS, the territory requested to be annexed is within the City's urban growth boundary and is contiguous to the City limits [SDC 5.7- 140.A]; and, WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly and efficient manner as outlined in the Metro Plan, and there is a logical area and time within which to deliver urban services and facilities [SDC 5.7- 140.C1; and, WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Development & Public Works Director's recommendation to concurrently annex the subject territory to the W illamalane Park and Recreation District, as this Special District is a service provider for the City [SDC 5.7- 1403]; and is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and, WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently withdraw the annexation territory from the Willakenzie Rural Fire Protection District, as the Cities of Eugene and Springfield would provide emergency response service directly to the area after it was annexed to the City [SDC 5,7- 160.B]; and, WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently withdraw the annexation territory from the Rainbow Water District, as the City of Springfield acting by and through the Springfield Utility Board would provide water utility service directly to the area after it was annexed to the City [SDC 5.7- 160.B]; and, WHEREAS, on March 3, 2014, the Springfield Common Council conducted a public hearing and is now ready to take action on this request for annexation based on the recommendation and findings in support of approving the annexation request, and the Willakenzie Rural Fire Protection District's withdrawal as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance. NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: SECTION 1: The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and W illamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. SECTION 2: The City Manager or the Development and Public Works Director shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7 -155. SECTION 3: This Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever date is later. ADOPTED by the Common Council of the City of Springfield this 19 day of MAY 12014, by a vote of 5 for and 0 against. APPROVED by the Mayor of the City of Springfield this 19 day of MAY 2014. ATTEST: A10, ()CVU&) Mayor City Recorder REVIEWED APP OVE® AS TC D _ OFFICE OF CITY ATT RNEY ORDINANCE NO. 6319 EXHIBIT A, PAGE 1 1 �. c R p a H ^F' F F eta WLL N W (D Z �w _ _ s_a u w a 4 rn _ p� oee w : •' e M i $ F Cl 6 ��� - - Cdqr'•°- °•_-- °_.�..__._ -- - - - - - - - - - - - - - - _ TV a C Q co 0 Z 0 pp F- U LLI IY 1 4� « jai IV gas i p. A,H I! 1 ! Dli1Obd R _ EXHIBIT A, PAGE 2 o O W �� $= � e e o W o k Rsfl�oa $OryR �S Zf+J n 0? � f RR$ wss WSWSFiW `W ; O $sgR7 6 Gs' 3v (L O fn CQ O � = R FU O U J W N v W N 3es S n / � o / I a a � ./ a EXHIBIT A. PAGE 3 Legal Description for the Annexation of Assessor's Map No. 17- 03 -22 -00 Ti No.'s 400, 500 & 600 and Assessor's Map No. 17 -03 -1540 TL No. 2500 to the - City of Springfield Beginning at a 5/8" rebar marking the interior ell in the west boundary of Lot 11 of RIVERBEND, PHASE lI as platted and recorded June 3, 2008 Recep. No. 2008- 030895 Lane County Oregon Official Records; thence along the westerly boundary of said Lot 11 1.) North 00 °09'36 East 67.97 feet to a point referenced by a 5/8" rebar; thence continuing along the westerly boundary of Lot 11 and Lot 10 of said RIVERBEND, PHASE 11 2.) North 00 °0643" East 156.20 feet to a 5/8" rebar with a yellow plastic cap stamped "Skinner and Associates" marking an angle point in the west boundary of Lot 10 of said RIVERBEND, PHASE II ; thence continuing along the west boundary of said Lot 10 3.) North 00 014'30" West 39.18 feet to an iron pipe marking the most easterly northeast comer of that certain tract of land described as Parcel 2 in a, Warranty Deed recorded July 7, 1960 Recep. No. 3955 Lane County Oregon Deeds and Records; thence leaving the westerly boundary of said Lot 10 and running along the boundary of said last described tract 4.) South 89 °59'16" West 235.00 to an iron pin marking the southwest corner of that certain tract of land described as Parcel 1 in a Warranty Deed recorded July 7, 1960 Recep. No. 3955 Lane County Oregon Deed Records; thence along the west boundary of said last described tract 5.) North 00 °04'14" East 237.75 feet to a point on the south margin of Deadmond Ferry Rd. (County Rd. No. 90), said point being 15.00 feet southerly of, when measured at right angles to the north boundary of the William Stevens D.L.C. No. 46 in Township 17 South, Range 3 West of the Willamette Meridian; thence along the south margin of Deadmond Ferry Road, parallel to and 15 feet southerly of the north boundary of said D.L.C. No. 46 6.) South 89 °56'00" West 275.54 feet; thence 7.) South 00°00'44" East 9.49 feet to a point on the south margin of Deadmond Ferry Road as dedicated to the City of Springfield through a Bargain and Sale Deed recorded August 23, 1982 Recep. No. 8224852 Lane County Oregon Deeds and Records; thence along the south margin of Deadmond Ferry Road as dedicated in said last described tract, the following three courses numbered 8-10 _ Date Received: MAR 3 1 2014 Original Subrnittal_� — EXHIBIT A, PAGE 4 8.) South 89 °59'16" West 27.00; thence 9.) along the arc of a 20.0 foot radius curve left (the chord of which bears South 4391'00" West 29.00 feet) a distance of 32.44 feet; thence 10.) along the are of a 273.00 foot radius curve left (the chord of which bears South 10 °47'28" East 74.45 feet) a distance of 74.68 feet; thence leaving said margin and running 11.) North 67 °55'59" East 0.33 feet to a point on the easterly margin of North Game Farm Road as dedicated in a Bargain and Sale Deed recorded June 7, 2005 Recep, No. 2005- 041501 Lane County Oregon Official Records, said point being 45.13 feet easterly of and opposite engineer's centerline station L 27 +18.02 P.O.C.; thence along the easterly margin of North Game Farm Road as dedicated in said last described tract, the following four (4) courses and distances numbers 12 -15 12.) South 32 °10'18" East 11.27 feet to a point 46.0 feet easterly of and opposite engineer's station L 26 +97.70 PC.; thence 13.) South 32 °09'44" East 263.80 feet to a point 40.0 feet easterly of and opposite engineer's station L 24 +33.97 PT. ; thence 14.) along the are of a 326.48 foot radius curve right (the chord of which bears South 19 °20'21" East 159.36 feet) a distance of 160.99 feet to a point 40,0 feet easterly of engineer's centerline station L 22 +87.63 PC.; thence 15.) South 23 °05'26" East 12.03 feet to a 5/8" rebar with a yellow plastic cap stamped "KPFF INC" marking "Point A" on the boundary of Lot 11 of said plat of RIVERBEND, PHASE H; thence leaving said easterly margin and funning along -the boundary of Lot 11 of said RIVERBEND, PHASE 11 16.) North 89 °59'02" East 338.74 feet to the point of beginning, all in Lane County Oregon, Bearing used hereon are based on C.S.F. No. 37211 on file in the office of the Lane County Surveyor. Date Received: MAR 3 1 2014 Original SubmittaL..Q�_ City of Springfield Development Services Department J 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Exhibit B, Page 1 of 24 SPRINRFIELD lk / Application .• Annexation Ap lication Pre -Sub mi tal: ❑ (Applicant: Check one) Annexation Apglication Submittal: Proposal Propertv Owner: .. Phone: Address: Fax: E -mail: Owner Signature: Owner Signature: .t;f --.:- Agent Name: JONAfi+M i ONV -fz-, Phone s4 -4s- - dsvS Company: PoPfae- I 11 Fax: cAI'0S SbzA- Address: '1:�-o. LSZ VV4 - o!L ` -?4b-Z E -mail oAL63 J FoAf4E, Agent Signature: OL If on for'the applicant Eoact,,m hisor; herbehalf""except sign, the petition. where signatures of.fhe ow_nec=of record,afe_ required only the owner rn8i' ,;. ASSESSOR'S MAP NO: ^fF-1 o D 17 -p a -tn TAX LOT NOS : 4aa Soo rx� Property Address: 3535 Garue Farm d o 352/ X349/ 6axa Farts Rc! *Vacas Area of Request: Acres: uare Feet: Existing Use(s) 12�F-6MDem, i Iptr of Property: Proposed Use ULTI -$ Mfm AAO of Property: Property Case No.:. Date: n I� Z 3 I' / 1 Reviewed B y1 initials Application Fee: �(� 5 6, Postage Fee: �jt+3oO Total Fee: 6v( 3 Revised 10/9/13 kl Date Received: MAR 3 1 20% Original Submittal U P�"i3��a1 Page 8 of 16 E'i Exhibit B, Page 2 of 24 Owner Signatures This application form is used for both the required pre - submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Owner: The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his /her behalf. I /we do hereby acknowledge that I /we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Signature Print Date: I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre - Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the infornation as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: Signature iYlll�f(��� oiAJrlt Date Received: MAR' 31 2014 original Submittal_. Revised 10/9/13'kl Page 9 of 16 Exhibit B, Page 3 of 24 Property Owner Information OneLife Management Annexation Application City of Springfield Property No. 1: Marian L. Beach (Owner) 3535 Game Farm Rd. Springfield OR. 97477 Assessor's Map No. 17- 03 -15 -40 TL No. 2500 (2.1 acres) 3535 Game Farm Rd. Springfield OR. 97477 2e 14arfan L. Beach Exhibit B, Page 4 of 24 Property Owner Information . OneLife Management Annexation Application City of Springfield Property No. 2: Sandra Hanson / Deborah H. Orton (Owners) 3811 Cmisan Mountain CL S Salem, OM 97302 Assessor's Map No. 17- 03 -22 -00 TL No. 400 (0.92 acres) (Vacant) _ Sandra Henson Deborah H. Orton Property No, 3: Sandra Hanson / Deborah H. Orton 3811 Croisan Mountain Ct. S Salem, OR 97302 Assessor's Map No. 17- 03 -22 -00 TL No-500 (0.31 acres) 3521 Game Farm Rd. Springfield OR 97477 San rad— Henson Deborah H. Orlon Exhibit B, Page 5 of 24 Properly Owner Information OneLife Management Annexation Application City of Springfield Property No. 2: Sandra Hanson / Deborah H. Orton (Owners) 3811 Croisan Mountain Ct. S Salem, OR. 97302 . Assessor's Map No. 17- 03 -22 -00 TL No. 400 (0.92 acres) (Vacant) Sandra Hanson Sol Property No, 3: Sandra Hanson / Deborah H. Orton 3811 Croisan Mountain Ct. S Salem, OR. 97302 Assessor's Map No. 17- 03 -22 -00 TL No. 500 (0.31 acres) 3521 Game Farm Rd. Springfield OR._ 97477 NOW Dcborah.W. Orton Exhibit B, Page 6 of 24 Property Owner Information OneLife Management Annexation Application City of Springfield Property No. 4: Kay Renken y i et SASS /72A -e�J 1 a e /✓ Springfield, OR. 97477 Assessor's Map No. 17- 03 -22 -00 TL No. 600 (0.51 acres) 3491 Game Farm Rd. Springfield OR. 97477 Kay Re en m m a r w N H N m O d m to a a _ O n 0 q N 00 rt � san p� =a O a 6k* O y Om 0 a T � 3 N �� m 0 O O O Tr '0 Vl O O N m � a w p O DI 9 M c m Q � � rt QM (D a ml�, n a� d � � n�D O rt O 2 n � 7 � o�D � M � CX n � N I d S u ID a n o n o. 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Exhibit mPage 2y& ;;! f /] ' }} � {j \\ Oz !ƒ § \) \ )§ J\ / $ kkQ \\ H() 0 ®-; Er § /} }\ §\ Exhibit B, Page 13 of 24 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation (Map lint number) Name of Owner Acres Assessed Value Imp. Y / N Signed Yes Signed No .I1 - 0 3-1s-40 ,ti*zsm Mkw,hl aun z.1 +4} 5 0 Y TOTAL VALUE IN THE PROPOSAL O - "-M-D0- tV6-4co, 41-Ai1'SoN. o2:-04 OStZ y 115-1 1� -O -22-m TUk 5DO 1).31 1 Vb 3 ,60 l -ZZ-00 T06 b00 51 b lw S TOTALS: 3 M 1� 63j TOTAL NUMBER OF OWNERS IN THE PROPOSAL a NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED TOTAL ACREAGE IN PROPOSAL 3 r�+ ACREAGE SIGNED FOR PERCENTAGE OF ACREAGE SIGNED FOR �� o TOTAL VALUE IN THE PROPOSAL O VALUE CONSENTED FOR 0 PERCENTAGE OF VALUE CONSENTED FOR ((�j0 n/o Revised 10/9113 kl 13 of 16 Exhibit B, Page 14 of 24 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete aH the following questions and provide. all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: `Jugm:Rr OA'�S E -mail: PDAte.µE'T- Supply the following information regarding the annexation area. • Estimated Population (at present): 5 • Number of Existing Residential Units: • Other Uses: • Land Area: 324 total acres • Existing Plan Designation(s): sew AT XC_' .moo. • Existing Zoning(s): 4�71-_�F_ s rcr.cr+�h • Existing Land Use(s): S t uy ut FMA (L-C t st pal i z l Ate_ • Applicable Comprehensive Plan(s): A&F. r Pt.AwL • Applicable Refinement Plan(s): A�V_wXY 2FLr i+LAI�u� Pc A�1 • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. 51v€ Ax�P.�N Fa7 • Are there development plans associated with this proposed annexation? Yes ✓ No If yes, describe. 5L� ,4rt.°LN�D • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes ✓ No • Please describe where the proposed annexation is contiguous to the city limits (non- contiguous annexations cannot be approved under 5.7 -140, Criteria). Revised 10/9/13 kl Page 14 of 16 Exhibit B, Page 95 of 24 Does this application include all contiguous property under the same ownership? Yes L No If no, state the reasons why all property is not included: • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District P!PEugene School District ❑ Springfield School District ❑ Pleasant Hill RFPD )4 -EPUD ❑ Willamalane Parks and Rec District 14- Rainbow Water and Fire District ❑ Pleasant Hill School District ❑ McKenzie Fire & Rescue `4- Willakenzie RFPD ❑ SUB ❑ Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representattive. Q (Name) (Name) 12�30 dw IzlqrQ.S'/APE ST. Q_0.152. Z5Z7 (Address) (Address) F>e'LAiih Da- (City) (Zip) (City) (Zip) (Name) (Address) (City) (Name) (Address) (Zip) (City) (Zip) Revised 10/9/13 kl . Page 15 of 16 Exhibit B, Page 16 of 24 Expanded Supplemental Information OneLife Management Annexation Application City of Springfield Existing Plan Designation: Assessor's Map No. 17- 03 715 -40 TL No. 2500 has a low density Plan Designation. The remaining properties associated with this annexation (Map No. 17- 03 -22 -00 TL No.'s 400, 500 & 600) have a medium density Plan Designation. Existing Zoning: Assessor's Map No. 17- 03 -15 -40 TL No. 2500 currently carries a LD, low Density zoning classification. The remaining properties associated with this Annexation application (Map No. 17- 03 -22 -00 TL No.'s 400, 500 & 600) are currently zoned MD, medium density. Both the Metro Plan and the Gateway Refinement Plan designate the subject properties for Low Density and Medium Density residential use consistent with the current zoning classifications for the individual properties associated with this annexation application as shown above. Onelife Management is proposing to construct a multi -bed memory care facility on that portion of the subject properties zoned medium density residential. Portions of the development area will extend into that portion of the subject properties that is zoned low density residential. However, only those uses permitted within the low density residential zoning district (i.e. access drives and parking area serving the medium density residential use) will be constructed within that portion of the site designated low density residential. All structures used'for residential purposes will be constructed within that portion of the development area designated for medium density use. The properties associated with this annexation application are contiguous with the current city limits for the City of Springfield along their entire southern boundary and the south half (more or less) of their eastern boundary. Exhibit B, Page 17 of 24 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: [1 -03-tS -40 Ttj�zsoo 353s 4jkMf- h2uti wn . sa¢l ac,t iL �N o2`Ild�� Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one -year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] indefinitely or [ ] until Date Signatures of Leqal Owners Please print or type name Signature Date Signed LMG: L'IICVBBB BOVNL HANGETAANSIIION�. IPPIfGTIONfOgM 5�5PpINGiIE(11�1009 -09 UPMTEO iUflHS�PpESUBHlITAL ANNEXARBNAPPfIGTLOH 100)00.00[ 4se AveE: O�Nbe� 10,1013 Revised 10 /9/13 kl Page 16 of 16 ',Exhibit B, Page 18 of 24 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 11 3 zz -oo mz Izoo 3411 PA-a-A P-t> lu4Fl��� sa .Glk�� Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one -year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [A indefinitely or [ ] until Date 41nnatiirac of I aaal Owners Please print or type name Signature Date Signed Q IcDG: L'vcvooe ewim�urM:t TFANSRIOeNFAlGIlOe wutswxtXGiIDDVO- mae uwutEn wwrsVnFSUwurLU AMY£xAr+on,vn+dlmx loa)- aa.00c fmtsaral: OfbOble, 3013 _ Revised 10/9/13 kl Page 16 of 16 Exhibit B, Page 19. of 24 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 1'7va ZZ-oD Tl.' 400 Q'kc'kNT Map and Tax Lot Number Street Address of Property (if address has been assigned) _ ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one -year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] Indefinitely or [ ] until .Date Cinnaturac of I anal Ownprc Please print or type name SI nature Date Signed 00.4 U� 1 1�' 4Yn1MM1n4aW IWyIwMM.V UY 1GC11MIN Wlm/pV6YV�uNau MV1AN.N1lEUgIN,WeOf agfnM asl�1�au, Revised 10/9/13 ki Page 16 of 16 )I Exhibit B, Page 20 of 24 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit Is for the following described property: ilw3 -zz mT:'��'w 357,1 C A,ne_. FA2&l ma OC-91, ll Map and Tax Lot Number Street Address of Property (If address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one -year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] Indefinitely or [ ] until Date Please print or type name SI nature Date Signed -iA,4b✓2A Sons /h 02 I.2 t>F_eC jk Dom. IOC: 41MyMMWUiF! nvm, mMTNmv .acW:xq,MtwmlNlrtOFM61Me3:eM1nW HMIlvM4fARW IwxwDOc ueiw.4 Ow1�14 N1J Revised 10/9/13 W Page 16 of 16 ai� Exhibit B, Page 21 of 24 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: t1-03- ZZ.-m'rt.4-500 35-7-1 C,A -nnr_ r-A-,Z_ae o-b - Pa-U 4EICA-b Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one -year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] indefinitely or [ ] until Date Signatures "of Legal Owners Please print or type name SI nature Date Signed. b�8a e.41 -� O.ZTO IfDG: L•18<ltooe9dt/AlANGe 1P.4`letllO,1'UPPIJG110N FONa15➢ ROAGRE1nU0d]- oe WOAICn fOIIMNAESUBIIrtTnIAAP lXATIOUAFPUq]ION IOa�- Od.DOc 4YLYM: pmlDV le�20t3 Revised 10/9/13 kl Page 16 of 16 Exhibit B, Page 22 of 24 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit, is for the following described property; iTo3 .7,7- -co TL, *- 4oa t- Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one -year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] indefinitely or [ ] until Date Sianatures of Leoal Owners Please print or type name ' SI nature Date Signed f7 SuN LCGG! 4�BLjZBOBBGVNCNANGF iR1N5RlON�ARVGRGNfONM5�5PR )NLFIE�p�lp- 03- BBVPGA1FSI fpBA/ S�PREsUBN f/TgLANNFXAT]GNAYWGTIGN IB- B] -BBDOc LWLwO: �bc }p, 2D13 Revised 10/9/13 kl Page 16 of 16 Exhibit B, Page 23 of 24 Written Narrative addressing Approval Criteria OneLife Management Annexation Application Assessor's Map No. 17- 03 -15 -40 TL No. 2500 and Assessor's Map No. 17 -03 -22 TL No.'s 400,500 & 600 City of Springfield, Oregon A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the City limits or separated from the City limits only by a public right of way or a stream, lake or other body of water The tax lots proposed for annexation are within the urban growth boundary for the City of Springfield and are contiguous with the existing City limits along the subject properties entire southern boundary and the south one -half of the eastern boundary. The property is separated from the City limits along the north boundary by the public right of way for Deadmond Ferry Road. A The proposed annexation is consistent with applicable policies in the Metro Plan and in applicable refinement plan or Plan Districts. The proposed annexation is consistent with the Metro Plan in that it continues the orderly and efficient conversion of the existing rural property into urbanizable lands in harmony with the surrounding existing urban uses, The site is located within the urban growth boundary of Springfield and promotes the Metro Plan's policy of compact growth through in- filling and making better use of underutilized lands. Both the Metro Plan and the Gateway Refinement Plait designate the subject properties for either Low Density (TL No. 2500) or Medium Density (TL No.'s 400, 500 & 600) residential use, which is consistent with the current zoning classifications for the individual properties associated with this annexation application. 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. Key urban facilities as defined in the Metro Plan are readily available to the site. The site has frontage on existing public roads along it's entire western and northern boundaries. Water service and sanitary sewer service are available to the subject property from the existing facilities located in Game Farm Road and Deadmond Ferry Road public rights of way. Date Received: MAR 31 2014 Original Submittal Exhibit B, Page 24 of 24 D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. The applicant is not aware of any fiscal impacts the proposed annexation will have on the City. Therefore this criteria is not applicable Date Received: MAR 3 1 2014 original Submittal Exhibit C, Page 1 of 7 TYPE IV — ANNEXATION '*.= STAFF REPORT AND RECOMMENDATION File Name: OneLife Management Annexation Applicant: Jon Oakes, Poage Engineering Case Number: ANX14 -00002 Proposal Location: 3491, 3521 & 3535 Game Farm Road (Map 17- 03- 15 -40, TL 2500; and Map 17- 03- 22 -00, TL 400- 600) Current Zoning: Low Density Residential (LDR) and Medium Density Residential (MDR) with Urbanizable Fringe Overlay (UF -10) Plan Designation: LDR & MDR Applicable Comprehensive Plan: Galeway Refinement Plan Application Submittal Date: March 31, 2014 Associated Applications: PRE 13-00026 (Development Issues Meeting for Annexation); PRE] 4-00016 (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 Zach Falk 541- 914 -7801 1830 NW Riverscape St #803 OneLife Management Portland OR 97209 Applicant's ,ion Oakes 541- 485 -4505 PO Box 2527 Representative Poage Engineering Eu ene OR 97402 Exhibit C, Page 2 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 public agency and private landowner- initiated annexation applications. Finding: A Development Issues Meeting for the subject annexation request was held on October 3, 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 owners who own all of the land and real property, and full assessed value of real property in the contiguous territory, have filed applications and petitions 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 four contiguous tax lots located at the northeast corner of Game Farm Road at Martin Luther King, Jr. Parkway in the North Gateway area of Springfield. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits on three sides. The requested annexation territory contains three single family dwellings, landscaped yards, a small filbert orchard, several accessory buildings and residential driveways. The subject annexation territory comprises a total of 3.84 acres and is split between LDR and MDR zoning. According to the applicant's submittal, the subject annexation territory is intended to be redeveloped with a memory care residential facility. Redevelopment of the property would be subject to the Site Plan Review process once the property is entirely within the City limits. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Eugene 4J School District), roads (City of Springfield), and Fire (Eugene /Springfield under contract with the Willakenzie Rural Fire Protection District). Rainbow Water District operates the water utility infrastructure that serves unincorporated areas in north Springfield, including the subject site. Springfield Utility Board provides electrical service to the proposed annexation area. 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 April 15, 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 Coin inissioners. Newspaper Notice. Notice of the May 5, 2014 public hearing was published in The Regisler -Guard on April 21 and 28, 2014. Exhibit C, Page 3 of 7 Posted Notice. Notice of the May 5, 2014 public hearing was posted in four public places in the City: at one location along the property frontage on Game Farm Road; at Springfield City Hall and in the Development and Public Works office; and on the City of Springfield website. Finding: Upon annexation of the 'subject territory to the City the 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. Notification to DLCD regarding the proposed annexation was sent on April 2, 2014. Finding: Staff responded to several telephone calls from residents of the Patrician.Village mobile home park who had received the mailed public hearing notice. Staff answered questions of the respondents and clarified that the annexation request was for property on the east side of Game Farm Road, not the Patrician Village property. The callers did not express any concerns or objection to the annexation request for the subject property, and no other written or verbal comments were received. Finding: The City Council gave first reading to the Annexation Ordinance at the regular meeting on May 5, 2014. At the public hearing meeting, one person testified in favor of the annexation action. 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 north, west and south boundary. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.1 1 1(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 within the adopted Gateway Refinement Plan area and is zoned and designated Low Density Residential (LDR) and Medium Density Residential (MDR). There are no proposed changes to the current zoning or plan designation. Exhibit C, Page 4 of 7 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 Metro 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 Willakenzie Rural Fire Protection District. The Fire Protection District has a service arrangement with Eugene /Springfield for provision of fire response to unincorporated areas of north Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.510, 222.520, and 222.525 and the Cities of Eugene & Springfield will provide fire protection service directly to the annexation area. Finding: The territory requested for annexation is within the service area of Rainbow Water District. 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 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 upon Council adoption of the annexation Ordinance, 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 Springfield Utility Board currently provides water service to the North Gateway area of Springfield. Upon annexation, the subject site would be served by the City by and through the Springfield Utility Board. The territory proposed for annexation contains existing single family dwellings and a private well house. The applicant is requesting annexation to facilitate redevelopment of the site with a congregate care facility, which is a listed use in both the LDR and MDR districts. Electricity — SUB Electric provides service to developed properties in this area of North Gateway including the subject site. Upon annexation, the developer will be able to request an upgraded electrical service for the proposed residential care facility. 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 North Gateway that are already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department and Lane County Sheriffs 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 Willakenzie Rural Fire Protection District. Upon annexation, Exhibit C, Page 5 of 7 the Eugene /Springfield Fire Department 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 Eugenc /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. 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 and the adopted Willamalane Comprehensive Plan. 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 portions of the North Gateway area of Springfield. However, based on characteristics of the applicant's development proposal it is not expected that the annexation territory will generate any school -age population. Sanitary Sewer — The annexation area is not currently served by sanitary sewer, but sewer laterals have been installed along the property frontages on Game Farm Road and Deadmond Ferry Road. The site can be served by connection of one or more laterals to the existing sanitary sewer lines in the adjacent public streets. Stormwater — The subject annexation territory is not currently served by a piped stormwater management system. Improvements to the public stormwater system will be required as development plans are advanced for the subject site. Staff advises that future downstream stormwater system upgrades for this area of north Springfield will require participation by the benefiting property owner /developer. Provisions for future participation in stormwater facility improvements have been detailed in an Annexation Agreement for the property. The site can be served by a combination of on -site treatment and regulated discharge to the adjacent public street system. 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 Game Farm Road and Deadmond Ferry Road, which are classified as major collector streets and are fully developed to urban standards. 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 process. Solid Waste Mana ement — 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 Commnunication 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 Exhibit C, Page 6 of 7 and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. Conclusion: The proposal meets this criterion. D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The developer requesting annexation is well aware of the need for future connection and extension of urban utilities to serve the site and land beyond the annexation area, and the responsibility of the developer to fund such improvements. Staff has outlined the responsibilities and expectations of the developer in an Annexation Agreement to be executed by the developer and City. The City Council is asked to authorize City Manager execution of the attached Annexation Agreement prior to final annexation approval. Future on site improvements will be reviewed through the Site Plan Review process. Conclusion: The proposal meets this criterion. DIRECTOR'S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7 -140, and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District; and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District and the Rainbow Water District. City Council Decision (SDC 5.7 -145): City Council approval of the annexation application shall be by Ordinance. Finding: On May 5, 2014, the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. Based on the staff analysis and recommendation, and on the testimony provided at the Public Hearing, the City Council can take action now to approve, modify or deny the Annexation Ordinance. Zoning (SDC 5.7 -150): The area requested for annexation is zoned and designated Low Density Residential and Medium Density Residential in accordance with the Gateway 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 OF -10 overlay will be automatically removed and the site will retain the Low Density Residential (LDR) and Medium Density Residential (MDR) zoning. Effective Date and Notice of Approved Annexation (SDC 5.7 -155): If the annexation is approved by the City Council on May 5, 2014 and granted a second reading on May 19, 2014, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around June 18, 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), Rainbow Water District (water) and the Willakenzie Rural Fire Protection District (fire response). The Cities of Eugene /Springfield will provide fire and emergency services after annexation, and the City of Springfield by Exhibit C, Page 7 of 7 and through the Springfield Utility Board will provide water 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 and the Rainbow Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance No.