HomeMy WebLinkAboutItem 05 Annexation of Territory to the City of Springfield - Anderson Lane and Kellogg Road AGENDA ITEM SUMMARY Meeting Date: 9/5/2017
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DPW
Staff Phone No: 541/726-3784
Estimated Time: Consent Calendar
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 VACANT 2.3-ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF ANDERSON LANE AND KELLOGG ROAD; AND CONCURRENTLY ANNEX PORTIONS OF THE ABUTTING PUBLIC RIGHTS-OF-WAY FOR ANDERSON LANE AND KELLOGG ROAD.
ACTION REQUESTED:
Conduct a second reading and adopt/not adopt the following ordinance: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY
OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND
WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT
(SECOND READING).
ISSUE
STATEMENT:
Jon Penneman, on behalf of Holly Spring Homes LLC, has submitted a request for annexation to the City of Springfield for a 2.3-acre parcel located at the northeast corner of Anderson Lane and Kellogg Road (Assessor’s Map 17-03-33-11, Tax Lot 100). The subject property abuts the City limits on three sides and has existing urban utilities along the public street frontages.
ATTACHMENTS: Attachment 1: Staff Report and Recommendations
Attachment 2: Area, Vicinity and Site Maps
Attachment 3: Ordinance with Exhibits
Exhibit A: Map and Legal Description
Exhibit B: Annexation Application
Exhibit C: *Staff Report and Recommendations (*Added to Adopted Ordinance) Exhibit D: Annexation Agreement
DISCUSSION/ FINANCIAL
IMPACT:
ORS Chapter 222 and SDC Article 5.7-100 authorizes the City Council 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 City limits on three sides, including areas separated by
intervening public right-of-way along Anderson Lane. Staff advises that a full range of existing urban
services are available along the property frontages on Anderson Lane and Dotie Drive. The applicant
has indicated that annexation of the property is requested to facilitate future development of a residential subdivision. For this reason, an Annexation Agreement has been executed by the applicant and City (Attachment 3, Exhibit D); the Agreement outlines the provision of public utilities necessary to serve the subject territory and extension of Dotie Drive from its current terminus to an intersection with Anderson Lane. The staff report confirms the annexation request meets the criteria in SDC 5.7-100. The subject property has a zoning and comprehensive plan designation of Low Density Residential
(LDR) with Urbanizable Fringe Overlay District (UF-10). At present, the property is vacant and is
formerly the site of an ornamental tree farm. Future development would be subject to the provisions
of the City’s Development Code for the LDR District, Section 3.2-200.
On June 19, 2017 the City Council conducted a public hearing and first reading of the subject
Ordinance to annex the subject territory to the City of Springfield and to the Willamalane Park and Recreation District; and to withdraw the same territory from the Rainbow Water District. At the public hearing meeting one person testified about the condition of existing trees on the subject property, and that they posed a potential hazard to adjacent properties. The applicant and staff discussed the matter with the respondent and hazard trees will be assessed and removed as necessary in advance of the development process.
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
File Name: Penneman Annexation
Applicant: Jon Penneman on behalf of
Holly Spring Homes, LLC
Case Number: 811-17-000008-TYP4
Proposal Location:
Anderson Lane at Kellogg Road
(Assessor’s Map 17-03-33-11, Tax Lot 100)
Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10)
Plan Designation: LDR
Applicable Comprehensive Plan: Metro Plan Application Submittal Date: May 2, 2017
Associated Applications:
PRE17-00011 (Development Issues Meeting); PRE17-00018 (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 Jon Penneman Holly Spring Homes LLC 1466 Oksanna Street Springfield OR 97477
Applicant’s Representative Jed Truett Metro Planning Inc. 541-302-9830 370 Q Street Springfield OR 97477
Area
Excluded
Proposed
Annexation
Area Dotie Dr
W Centennial Blvd
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 April 28, 2017. 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, Exhibit B).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The territory requested for annexation is comprised of a single parcel located at the northeast corner of Anderson Lane at Kellogg Road. Two existing residential properties on the western edge of the
property are excluded from the annexation request. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along three sides. The requested annexation territory comprises approximately 2.3 acres and is currently vacant. Previously, the property
was used as an ornamental tree farm. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. The intent of the annexation request is to facilitate future subdivision of the property for single family residential development. City utilities including sanitary sewer
service are available on the perimeter of the subject property. Staff advises that Dotie Drive and associated utilities will need to be extended westward to a point of intersection at Anderson Lane. The provision of urban
utilities and infrastructure are outlined in an Annexation Agreement with the applicant (Attachment 3, Exhibit D).
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 Lane County), and Fire (Eugene/Springfield under contract with Rainbow Water District). Springfield Utility Board
(SUB) operates the existing water utility infrastructure in the incorporated areas surrounding the subject site, while Rainbow Water District serves other unincorporated properties 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 June 1, 2017, 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 June 19, 2017 public hearing was published in The Register- Guard on June 5 and 12, 2017.
Posted Notice. Notice of the June 19, 2017 public hearing was posted in five public places in the City:
Attachment 1, Page 2 of 6
along the property frontage on Dotie Drive; along the property frontage on Anderson Lane; at Springfield
City Hall; 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 May 12, 2017. 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 three sides. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1).
Finding: Staff advises that a portion of the Anderson Lane right-of-way along the western boundary of the
property, and along the western boundary of two tax lots that are excluded from the annexation action, is being annexed concurrently with the subject property. A segment of Kellogg Road along the southern boundary of the site also is being annexed concurrently with the subject territory.
Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140.
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.
Attachment 1, Page 3 of 6
Finding: The territory requested for annexation is within the service area of Rainbow Water District.
Rainbow Water District has a service arrangement with Eugene/Springfield for provision of fire response to
unincorporated areas of west Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water District consistent with ORS
222.510, 222.520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene &
Springfield will provide fire protection 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. The subject annexation area is currently zoned and designated for single family residential development, so it is expected to have around 14 dwelling units in
the future. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140.
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 is contiguous with the City limits and represents part of a larger
unincorporated area within the City limits. The subject site 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 operates the public water utility system adjacent to the property requested
for annexation. Upon annexation, the subject property would be served by the City by and through the Springfield Utility Board. There is an existing water line in Dotie Drive that will be extended to provide a
looped connection to the water line in Anderson Lane. The water line connecting through the annexation territory would provide water service to the property.
Electricity – SUB Electric provides service to developed properties in this area of west 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 west 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 Rainbow Water 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
Attachment 1, Page 4 of 6
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 Springfield School District serves the areas of west Springfield that are south of Harlow Road.
Based on the current zoning and comprehensive plan designation for the property, it is expected that the annexation territory would generate permanent residents and/or school-age population in the future.
Sanitary Sewer – The annexation territory is not currently served by sanitary sewer, but there are existing public sewer lines along the property frontages on Dotie Drive and Anderson Lane. Extension of public
sanitary sewer lines is necessary to facilitate subdivision of the property and development with single family
homes. Annexation of the property will be required before sanitary sewer service can be provided to the site.
Stormwater – The subject annexation territory is served by a combination of piped stormwater management
systems in Anderson Lane and Dotie Drive, and roadside infiltration along Kellogg Road. Extension of the public stormwater system will be necessary at the time of subdivision and development with single family residential homes.
Connection to the public stormwater system can be made along the property frontage on Anderson Lane. Streets – The subject annexation area has frontage on Anderson Lane along the western boundary, which is
currently developed to urban local road standards north of the site. Along the site frontage, Anderson Lane lacks curb and gutter and sidewalk so these improvements will be required when the property develops as a single family residential subdivision. The subject annexation area also has frontage on Kellogg Road along the
southern boundary. Along the site frontage, Kellogg Road lacks curb, gutter, sidewalk, and a piped stormwater drainage system, so certain improvements will be required when the property develops further. Finally, the annexation area has frontage on a stub of Dotie Drive along the eastern boundary. At the site frontage, Dotie
Drive is developed as an urban local road with curb, gutter, paving and sidewalks. The Annexation Agreement with the applicant outlines the provision of Dotie Drive right-of-way and extension of street improvements
necessary to serve the subject territory. Dedication of the required right-of-way and construction of street
frontage improvements along Anderson Lane and Kellogg Road will be reviewed and approved as a part of the residential development 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 and complies with criterion C, Subsection 5.7-140.
Attachment 1, Page 5 of 6
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 is vacant and extension of public streets and utilities is necessary to serve the annexation territory. The provision of urban utilities and street improvements is outlined in an Annexation
Agreement between the applicant and City. A copy of the draft Agreement is included as Exhibit D to the Annexation Ordinance.
Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140.
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 Rainbow Water District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance. Finding: On June 19, 2017, the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. One person testified at the public hearing and their concerns were addressed by the applicant and staff outside of the meeting. Based on the staff analysis and recommendations,
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.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is adopted after a second reading on September 5, 2017, the Ordinance will become effective 30 days after adoption by the City Council
and execution by the Mayor (anticipated on or around October 5, 2017), 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 Rainbow Water
District (water service and 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 Rainbow 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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CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE
CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND
WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT.
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-
100 and ORS Chapter 222 to accept, process, and act upon annexations to the City; and
WHEREAS, a request to annex certain territory was submitted on May 2, 2017, said territory
being an unaddressed parcel approximately 2.3 acres in size and adjacent to Anderson Lane
and Kellogg Road, identified as Tax Lot 100 on Lane County Assessor’s Map 17-03-33-11,
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 owner initiated
the annexation action by submittal of the required application forms and petition for annexation
attached hereto as Exhibit B to this Ordinance; and
WHEREAS, the annexation was initiated in accordance with SDC 5.7-125.A and ORS 222 and
has been set for public hearing; and
WHEREAS, the territory proposed for annexation is within the Eugene-Springfield Metropolitan
Area General Plan (more commonly known as the Metro Plan) and the Springfield
Comprehensive Plan Urban Growth Boundary, and is contiguous to the city limits along three
sides [SDC 5.7-140.A]; and
WHEREAS, the annexation is consistent with Metro Plan Policy 10 (page II-C-5) requiring
annexation to the City of Springfield as the highest priority for receiving urban services; and
WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly
and efficient manner from service providers within the Urban Growth Boundary as required in
Metro Plan Policy 8 (page II-C-4), Policy 15 and Policy 16 (page II-C-5), and there is a logical
area and time within which urban services and facilities can be delivered; and
WHEREAS, City staff conducted a Development Issues Meeting, as required by SDC 5.7-120,
on April 28, 2017. The intent of the annexation request is to facilitate future subdivision of the
property for single family residential development. City utilities including sanitary sewer service
are available on the perimeter of the subject property. However, both Anderson Lane and
Kellogg Road lack full improvement where abutting this property; and Dotie Drive and
associated utilities terminate at this site’s eastern boundary and will need to be extended
westward to a point of intersection at Anderson Lane. The timing, location and extent of these
urban utilities and infrastructure are outlined in an Annexation Agreement with the applicant
attached hereto as Exhibit D to this Ordinance; and,
Attachment 3, Page 1 of 32
WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director’s
recommendation to concurrently annex the subject territory to the Willamalane Park and
Recreation District, as this special district is a service provider for the City [SDC 5.7-140.B], and
to withdraw the subject territory from the Rainbow Water District as the City of Springfield, by
and through the Springfield Utility Board, would provide water and emergency response
services directly to the area after it was annexed to the City; and
WHEREAS, this action is consistent with the intergovernmental agreement between Lane
County and Springfield regarding boundary changes dated May 21, 2008; and
WHEREAS, on June 19, 2017, the Springfield Common Council conducted a public hearing and
is now ready to take action on this application based on the recommendation and findings in
support of approving the annexation request 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 COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Springfield does hereby approve annexation of the
following described territory to the City of Springfield and Willamalane Park and Recreation
District, said territory being more particularly described in Exhibit A to this Ordinance.
Section 2. The City Council of the City of Springfield does hereby approve withdrawal of the
following described territory from the Rainbow Water District, said territory being more
particularly described in Exhibit A to this Ordinance.
Section 3. The City Manager or the Development and Public Works Director, or their designee,
shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-
155.
Section 4. Although not a part of this Ordinance, the Council adopts the findings set forth in
Exhibit C, attached hereto, in support of this Ordinance.
Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 6. This Ordinance shall take effect 30 days after passage by the 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 is later.
Attachment 3, Page 2 of 32
ADOPTED by the Common Council of the City of Springfield this __________ day of________,
2017, by a vote of _____for and _____against.
APPROVED by the Mayor of the City of Springfield this _____day of _______, 2017.
_____________________________
Mayor
ATTEST:
____________________________
City Recorder
Attachment 3, Page 3 of 32
COMPILED LEGALS:
The POINT OF BEGINNING being the Southeast corner of Lot 4 of Dove Estates, as platted and
recorded in Lane County Oregon Plat Records, thence South 1°04’ West along the West line of that
certain tract described on Reel 571, Reception No. 84087, Lane County Deeds and Records, a distance
of 301.81 feet to a stone set in County Survey No. 1608;
Thence South 4°41’12” West 31.95 feet to the Northeast corner of a tract of land recorded in the name of
G.A. and/or Emma A. Bryant in Book 426, page 40, Lane County Oregon Deed Records;
Thence North 89°28’30” West 125.34 feet;
Thence South 1°10’54” West along the West line of said tract 120.06 feet to the Northerly right of way of
Lane County Public Road Easement as described on Reel 609, Reception No. 25196, Lane County
Oregon Deed Records;
Thence South 1°10’54” West 57.38 feet more or less to the Southerly right of way of said Lane County
Public Road Easement;
Thence along said Southerly right of way North 68°48’38” West 68.13 feet more or less;
Thence continuing along said Southerly right of way, also being the Northerly line Parcel 1 of Land
Partition Plat No. 2007-P2131, recorded on Instrument No. 2007-040115 Lane County Deeds and
Records, North 53°59’38” West 183.57 feet to a point on the Southerly right of way line of said Lane
County Public Road Easement, said point being 15.00 feet Easterly of the centerline of Anderson Lane,
as described on Reel 609, Reception No. 25196, Lane County Deeds and Records
Thence leaving said line, run North 00°55’ East 382.85 feet more or less, parallel and 15.00 feet Easterly
of the centerline of Anderson Lane, as described on Reel 609, Reception No. 25196, Lane County Deeds
and Records;
Thence run South 89°05’ East 344.30 feet to the TRUE POINT OF BEGINNING, in Springfield Lane
County, Oregon.
EXCEPT:
Beginning at the Southeast corner of Lot 4 of Dove Estates, as platted and recorded in Lane
County Oregon Plat Records, thence North 89°05’00” West 344.30 feet, more or less, along the
South line of said Dove Estates to a point parallel and 15.00 feet Easterly of the centerline of
Anderson Lane, as described on Reel 609, Reception No. 25196, Lane County Deeds and
Records;
Thence along said parallel line South 0°55’00” West 293.20 feet, more or less, to a point on the
extension of the South line of that property described on Instrument No. 2016-013292, Lane
County Deeds and Records;
Thence leaving said parallel line, South 89°05’00” East 15.00 feet, to the Southwest corner of
said described property, also being the POINT OF BEGINNING OF EXCEPTION AREA;
Thence continuing along the South line of said property, South 89°05’00” East 150.00 feet to the
Southeast corner of said property;
Exhibit A 1 of 3
Attachment 3, Page 4 of 32
Thence leaving said South line, North 0°55’00” East 143.20 feet to the Northeast corner of that
property described on Instrument No. 2016-013289, Lane County Deeds and Records;
Thence North 89°05’00” West 150.00 feet, along the North line of said described property, to a
point parallel and 15.00 feet Easterly of the centerline of Anderson Lane, as described on Reel
609, Reception No. 25196, Lane County Deeds and Records;
Thence South 0°55’00” West 143.20 feet more or less to the Point of Beginning of Exception
Area, in Springfield Lane County, Oregon.
Exhibit A 2 of 3
Attachment 3, Page 5 of 32
Exhibit A 3 of 3Attachment 3, Page 6 of 32
Exhibit B 1 of 11
Attachment 3, Page 7 of 32
Exhibit B 2 of 11
Attachment 3, Page 8 of 32
Exhibit B 3 of 11
Attachment 3, Page 9 of 32
Exhibit B 4 of 11
Attachment 3, Page 10 of 32
Exhibit B 5 of 11
Attachment 3, Page 11 of 32
Exhibit B 6 of 11
Attachment 3, Page 12 of 32
Exhibit B 7 of 11
Attachment 3, Page 13 of 32
Exhibit B 8 of 11
Attachment 3, Page 14 of 32
Exhibit B 9 of 11
Attachment 3, Page 15 of 32
Exhibit B 10 of 11
Attachment 3, Page 16 of 32
Exhibit B 11 of 11
Attachment 3, Page 17 of 32
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
File Name: Penneman Annexation
Applicant: Jon Penneman on behalf of
Holly Spring Homes, LLC
Case Number: 811-17-000008-TYP4
Proposal Location:
Anderson Lane at Kellogg Road
(Assessor’s Map 17-03-33-11, Tax Lot 100)
Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10)
Plan Designation: LDR
Applicable Comprehensive Plan: Metro Plan Application Submittal Date: May 2, 2017
Associated Applications:
PRE17-00011 (Development Issues Meeting); PRE17-00018 (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 Jon Penneman Holly Spring Homes LLC 1466 Oksanna Street Springfield OR 97477
Applicant’s Representative Jed Truett Metro Planning Inc. 541-302-9830 370 Q Street Springfield OR 97477
Area
Excluded
Proposed
Annexation
Area Dotie Dr
W Centennial Blvd
Exhibit C 1 of 6
Attachment 3, Page 18 of 32
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 April 28, 2017. 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, Exhibit B).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The territory requested for annexation is comprised of a single parcel located at the northeast corner of Anderson Lane at Kellogg Road. Two existing residential properties on the western edge of the
property are excluded from the annexation request. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along three sides. The requested annexation territory comprises approximately 2.3 acres and is currently vacant. Previously, the property
was used as an ornamental tree farm. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. The intent of the annexation request is to facilitate future subdivision of the property for single family residential development. City utilities including sanitary sewer
service are available on the perimeter of the subject property. Staff advises that Dotie Drive and associated utilities will need to be extended westward to a point of intersection at Anderson Lane. The provision of urban
utilities and infrastructure are outlined in an Annexation Agreement with the applicant (Attachment 3, Exhibit D).
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 Lane County), and Fire (Eugene/Springfield under contract with Rainbow Water District). Springfield Utility Board
(SUB) operates the existing water utility infrastructure in the incorporated areas surrounding the subject site, while Rainbow Water District serves other unincorporated properties 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 June 1, 2017, 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 June 19, 2017 public hearing was published in The Register- Guard on June 5 and 12, 2017.
Posted Notice. Notice of the June 19, 2017 public hearing was posted in five public places in the City:
Exhibit C 2 of 6
Attachment 3, Page 19 of 32
along the property frontage on Dotie Drive; along the property frontage on Anderson Lane; at Springfield
City Hall; 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 May 12, 2017. 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 three sides. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1).
Finding: Staff advises that a portion of the Anderson Lane right-of-way along the western boundary of the
property, and along the western boundary of two tax lots that are excluded from the annexation action, is being annexed concurrently with the subject property. A segment of Kellogg Road along the southern boundary of the site also is being annexed concurrently with the subject territory.
Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140.
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.
Exhibit C 3 of 6
Attachment 3, Page 20 of 32
Finding: The territory requested for annexation is within the service area of Rainbow Water District.
Rainbow Water District has a service arrangement with Eugene/Springfield for provision of fire response to
unincorporated areas of west Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water District consistent with ORS
222.510, 222.520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene &
Springfield will provide fire protection 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. The subject annexation area is currently zoned and designated for single family residential development, so it is expected to have around 14 dwelling units in
the future. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140.
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 is contiguous with the City limits and represents part of a larger
unincorporated area within the City limits. The subject site 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 operates the public water utility system adjacent to the property requested
for annexation. Upon annexation, the subject property would be served by the City by and through the Springfield Utility Board. There is an existing water line in Dotie Drive that will be extended to provide a
looped connection to the water line in Anderson Lane. The water line connecting through the annexation territory would provide water service to the property.
Electricity – SUB Electric provides service to developed properties in this area of west 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 west 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 Rainbow Water 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
Exhibit C 4 of 6
Attachment 3, Page 21 of 32
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 Springfield School District serves the areas of west Springfield that are south of Harlow Road.
Based on the current zoning and comprehensive plan designation for the property, it is expected that the annexation territory would generate permanent residents and/or school-age population in the future.
Sanitary Sewer – The annexation territory is not currently served by sanitary sewer, but there are existing public sewer lines along the property frontages on Dotie Drive and Anderson Lane. Extension of public
sanitary sewer lines is necessary to facilitate subdivision of the property and development with single family
homes. Annexation of the property will be required before sanitary sewer service can be provided to the site.
Stormwater – The subject annexation territory is served by a combination of piped stormwater management
systems in Anderson Lane and Dotie Drive, and roadside infiltration along Kellogg Road. Extension of the public stormwater system will be necessary at the time of subdivision and development with single family residential homes.
Connection to the public stormwater system can be made along the property frontage on Anderson Lane. Streets – The subject annexation area has frontage on Anderson Lane along the western boundary, which is
currently developed to urban local road standards north of the site. Along the site frontage, Anderson Lane lacks curb and gutter and sidewalk so these improvements will be required when the property develops as a single family residential subdivision. The subject annexation area also has frontage on Kellogg Road along the
southern boundary. Along the site frontage, Kellogg Road lacks curb, gutter, sidewalk, and a piped stormwater drainage system, so certain improvements will be required when the property develops further. Finally, the annexation area has frontage on a stub of Dotie Drive along the eastern boundary. At the site frontage, Dotie
Drive is developed as an urban local road with curb, gutter, paving and sidewalks. The Annexation Agreement with the applicant outlines the provision of Dotie Drive right-of-way and extension of street improvements
necessary to serve the subject territory. Dedication of the required right-of-way and construction of street
frontage improvements along Anderson Lane and Kellogg Road will be reviewed and approved as a part of the residential development 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 and complies with criterion C, Subsection 5.7-140.
Exhibit C 5 of 6
Attachment 3, Page 22 of 32
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 is vacant and extension of public streets and utilities is necessary to serve the annexation territory. The provision of urban utilities and street improvements is outlined in an Annexation
Agreement between the applicant and City. A copy of the draft Agreement is included as Exhibit D to the Annexation Ordinance.
Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140.
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 Rainbow Water District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance. Finding: On June 19, 2017, the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. One person testified at the public hearing and their concerns were addressed by the applicant and staff outside of the meeting. Based on the staff analysis and recommendations,
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.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is adopted after a second reading on September 5, 2017, the Ordinance will become effective 30 days after adoption by the City Council
and execution by the Mayor (anticipated on or around October 5, 2017), 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 Rainbow Water
District (water service and 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 Rainbow Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance No. .
Exhibit C 6 of 6
Attachment 3, Page 23 of 32
Exhibit D 1 of 9
Attachment 3, Page 24 of 32
Exhibit D 2 of 9
Attachment 3, Page 25 of 32
Exhibit D 3 of 9
Attachment 3, Page 26 of 32
Exhibit D 4 of 9
Attachment 3, Page 27 of 32
Exhibit D 5 of 9
Attachment 3, Page 28 of 32
Exhibit D 6 of 9
Attachment 3, Page 29 of 32
Exhibit D 7 of 9
Attachment 3, Page 30 of 32
Exhibit D 8 of 9
Attachment 3, Page 31 of 32
Exhibit D 9 of 9
Attachment 3, Page 32 of 32