HomeMy WebLinkAboutItem 09 Annexation of Terriory to the City of Springfield - Annex 1.04 Acres of Property Located North of Mountaingate Drive and West of Graystone Loop, Springfield AGENDA ITEM SUMMARY Meeting Date: 10/5/2015
Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW
Staff Phone No: 541-726-3784
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 1.04 ACRES OF PROPERTY LOCATED NORTH OF MOUNTAINGATE DRIVE AND WEST OF
GRAYSTONE LOOP, SPRINGFIELD.
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 WILLAKENZIE RURAL FIRE PROTECTION DISTRICT (FIRST READING).
ISSUE STATEMENT:
A request for annexation to the City of Springfield has been received from the Springfield Utility
Board for an existing water utility installation on the west flank of the Mountaingate
neighborhood. The subject property is located on a wooded hillside immediately west of existing houses on Graystone Loop, and is accessed via the former South 59th Street right-of-way
(vacated). The approximately 1.04-acre territory requested for annexation is inside the City’s
Urban Growth Boundary (UGB) and is contiguous with the City limits. The applicant is requesting annexation to facilitate future water system improvements on the site.
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 property is contiguous with the existing City limits along the northwest boundary
and contains two water reservoir tanks within a fenced enclosure. The territory requested for annexation is part of two adjoining tax lots with an aggregate assessed value of $8,034. Staff advises that extension of existing public streets and utilities are not required to serve the site, and
therefore an annexation agreement is not required for this request. Upon annexation, the territory would be subject to the City’s development review and permitting process for future water system upgrades and modifications.
The territory requested for annexation is zoned Low Density Residential with an Urbanizable Fringe Overlay (UF-10) in accordance with the Springfield Zoning Map. Upon annexation, the
UF-10 overlay will be removed. Public utility facilities of this category are a listed use in the
LDR zone.
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 5.7-140 of the Springfield Development Code.
Recommendation: Staff finds 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. Staff recommends
the City Council schedule the ordinance for second reading and adoption at a future meeting.
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
File Name: SUB South 59th Street Annexation
Applicant: Springfield Utility Board Case Number: ANX15-00002
Proposal Location: North of Mountaingate
Drive and west of Graystone Loop
(Assessor’s Map 18-02-03-00, TL 800 & 801)
Current Zoning: Low Density Residential
(LDR) with Urbanizable Fringe Overlay
(UF-10)
Plan Designation: LDR Applicable Comprehensive Plan: Metro Plan
Application Submittal Date:
August 24, 2015
Associated Applications: PRE15-00001 (Development Issues Meeting for Street Vacation and Lot Consolidation); PRE15-00024 (Development Issues Meeting for Annexation); PRE15-00035 (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 Kyle Greene 541-726-5750
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 Steven Wages
Springfield Utility Board
541-726-2396 202 South 18th Street
Springfield OR 97477
Applicant’s Representative Richard Satre Schirmer Satre Group 541-686-4540 3750 Norwich Avenue Eugene OR 97408
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Proposed
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Area
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 public
agency and private landowner-initiated annexation applications.
Finding: A Development Issues Meeting for the subject annexation request was held on June 4, 2015. 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 a rectangular area comprising two adjoining parcels of land that are about 675 feet from the nearest accessible public street frontage on Mountaingate
Drive to the south. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northwestern edge. The requested annexation territory comprises approximately 1.04 acres and contains two existing water reservoir tanks operated by the
Springfield Utility Board. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. According to the applicant’s submittal, the subject annexation territory is intended to remain an operating public utility installation. Bringing the area into the City limits will facilitate the
issuance of land use approvals and construction permits for future water system improvements on the site.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Springfield School District), roads (City of Springfield), and Fire
(Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates existing water utility infrastructure on the site that serves the residential neighborhoods in the vicinity. SUB also 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 September 14, 2015, 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 proposed annexation 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 October 5, 2015 public hearing was published in The Register- Guard on September 21 and 28, 2015.
Posted Notice. Notice of the October 5, 2015 public hearing was posted in five public places in the City: near the intersection of vacated South 59th Street at Mountaingate Drive; at Springfield City Hall
Attachment 1, Page 2 of 6
and in the Development and Public Works office; on the electronic display in the foyer of 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 August 31, 2015.
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 northwestern boundary. 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 entirely within the City’s acknowledged UGB.
Finding: The territory requested for annexation is zoned and designated Low Density Residential (LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. There are no proposed
changes to the current zoning or plan designation. Finding: The continued annexation of properties and public street rights-of-way to the City of Springfield is
consistent with the Metro Plan, which will result in the elimination of special districts within the urbanizable area. The 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 south 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.
Attachment 1, Page 3 of 6
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 operates a water utility installation on the property requested for annexation. The existing reservoir tanks provide potable water service to nearby incorporated areas of southeast
Springfield. Upon annexation the subject property would be served by the City by and through the Springfield Utility Board, although it is not expected that the reservoir site would require its own water service.
Electricity – SUB Electric provides service to developed properties in this area of southeast Springfield, including the subject site. 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 southeast Springfield that
are already inside the City limits. The annexation territory is currently within the jurisdiction of the 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 Willakenzie Rural Fire Protection District. Upon annexation,
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 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. 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.
Attachment 1, Page 4 of 6
Schools – The Springfield School District serves the southeast area of Springfield. Based on characteristics of
the existing public utility facilities on the property, and the applicant’s future development plans for the site, it is
not expected that the annexation territory will generate any permanent residents or school-age population in the future.
Sanitary Sewer – The annexation territory is not currently served by sanitary sewer and it is not expected that service will be required for the water utility installation. If sanitary sewer service is deemed necessary in the
future, it can be extended from the adjacent public system in Mountaingate Drive.
Stormwater – The subject annexation territory is not currently served by a piped stormwater management
system. Improvements to the on-site stormwater system may be required as development plans are advanced for
the subject site. In the interim, runoff from the subject site – which is limited primarily to the surface of the reservoir tanks – infiltrates into the ground or is dissipated as it flows down the hillside.
Streets – The subject annexation area is north of Mountaingate Drive and is accessed by private easements across the vacated South 59th Street right-of-way. At such time as development plans are forwarded for the
subject property or adjoining property (also under SUB control), any required street frontage improvements will be reviewed and approved through the Site Plan Review 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 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 adopted 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 subject property contains an operating water utility installation that will continue to serve residential neighborhoods in southeast Springfield. In recent discussions with SUB, City staff
has outlined the responsibilities and expectations of the developer when future on-site improvements are reviewed and approved through the Site Plan Review process. For the subject property, the responsibilities and
expectations of the developer and partner agency do not rise to the level of requiring an Annexation Agreement.
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. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance.
Attachment 1, Page 5 of 6
Finding: On October 5, 2015, 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 Low Density Residential in accordance with the Springfield Zoning Map and the adopted Metro 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 Low
Density Residential (LDR) zoning. This category of public utility facility is a listed use in the LDR zoning
district. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City Council on October 5, 2015 and granted a second reading on October 19, 2015, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around
November 18, 2015), 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 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 and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice
was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie Rural Fire Protection District was in the best interest of the City. The withdrawal decision was codified in Ordinance No. .
Attachment 1, Page 6 of 6
Citywide Overview Springfield, OR
Site
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Within Springfield City Limits
Outside Springfield City Limits
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Miles
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Neighborhood Overview Springfield, OR
There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product
Within Springfield City Limits
Outside Springfield City Limits
Proposed Annexation
Tax Lots
I 1,000 0 1,000500
Feet
Site
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Subject Area Springfield, OR
Site
There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product
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Outside Springfield City Limits
Proposed Annexation
Tax Lots
I 200 0 200100Feet
Attachment 2, Page 3 of 3
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Legal Description of Affected Territory to be Annexed
(Map 18-02-03-00, Tax Lots 800 & 801)
A unit of land being situated in the southwest quarter of Section 34, Township 17 South, Range 2 West
and in the northwest quarter of Section 3, Township 18 South, Range 2 West of the Willamette
Meridian, said unit of land being more particularly described as follows:
Commencing at the Brass Cap marking the Northeast corner of the R.G. Hixon Donation Land Claim No.
86; Township 17 South; Range 2 West of the Willamette Meridian; thence South 0° 00’ 27” West
1621.13 feet to a point in the center of County Road No. 452; thence, South 88° 57’ 23” East 667.34
feet; thence South 35° 25’ 33” East 507.04 feet to the TRUE POINT OF BEGINNING, being marked by a
5/8 inch iron rod;
Thence South 36° 16’ 52” West 300.00 feet to a 5/8 inch iron rod;
Thence South 53° 43’ 08” East 150.00 feet to a 5/8 inch iron rod;
Thence North 36° 16’ 52” East 300.00 feet to a 5/8 inch iron rod;
Thence North 53° 43’ 08” West 150.00 feet to the TRUE POINT OF BEGINNING, all in Lane County,
Oregon and containing 45,000 square feet, more or less.
Exhibit A-Page 1 of 2
Attachment 3, Page 3 of 18
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Phase
Drawn By
Checked
Date
2015, SCHIRMER SATRE GROUP
Project Number
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Scale: 1"= 400'-0"SUB 57th STREET ANNEXATION
Map and Tax Lot 18-02-03-00 - 00800 and 00801
Cadastral Map
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7.31.2015
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PRE-SUBMITTAL
M:\SchirmerSatre\Project Activity\Project Activity - 2015\SUB - 57th Street and 66th Place Reservoirs - Annexation\SUB_57-66_Annex_Applic-Process-Decision-Etc\57thSite_Annex_Applic-Process-Decision-Etc\57thSite_CadastralMap.dwg, 7/31/2015 11:40:57 AM, DWG To PDF.pc3
Exhibit A-Page 2 of 2
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