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HomeMy WebLinkAboutOrdinance 6379 05/21/2018 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 74 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 by the property owners on March 5, 2018, said territory being two adjoining parcels located at 377 & 385 Deadmond Ferry Road, identified as Tax Lots 2300 and 2400 on Lane County Assessor's Map 17-03-15-40, 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 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 General Plan (more commonly known as the Metro Plan)and the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits [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 full range of urban facilities and services are currently available 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 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.B1, 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 service 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 May 7, 2018, 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. Page 1 of 2 NOW, THEREFORE, THE COMMON COUNCIL OF 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 Willamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. Section 2. The Common 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 shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. Section 4. 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 5 Effective Date of Ordinance. 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 is later. ADOPTED by the Common Council of the City of Springfield this 21 day of NIA , 2018, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 21 day of MAY , 2018. //,/ i idil • Sass Mayor ATTEST: REVIEWED &APPROVED _ O_ _t AS 0 OR City.'"c ii der DATE: ©it OFFICE OF C TY ATTORNEY Page 2 of 2 ORDINANCE NO. 6379 _ e O Wek QO €rB LL in Q ® $ - - Z pm a e CrydOp Z N—n z w =3iN` a 3 jasa n ct E x .�syYdins.• Id. n i x .. i 10 silIMP . - 21 kO iff P: '- Ig oI 8 I 11- I �.Pu ry O $g 1 is el i €s '1 ris w ; O i� 1 T t Ir enc O z ° HU " 0 dsn NCL a_ �� °.\°'`' �� <� l � Ej � s"��� . Crili . . .+�.,..�,. .,, i_ 7jj• �W3ye { �/� „ 3 •I W S �� s • ori `i3 ,Aura.0„. N e O O , 02 0 = 0 3Ni 23 82 . � 81 ; 1 ... .,,.,. r .._ . ' ' $ 1 8 a _ 93 -a O93,,,,,„,„,.,3„,,,,„,,,,,,,,....,.„ .,....... V ORDINANCE NO.6379 Exhibit A, Page 2 of 2 LEGAL DESCRIPTION Beginning at the Northwest corner of the William N. Stevens Donation Land Claim #46, in Section 15, Township 17 South, Range 3 West of the Willamette Meridian; thence North 89' 56' 00" East, 2895.88 feet to a point marked by an iron pin on the North line of said Donation Land Claim and 5.0 feet south of County Road No. 90; thence South 15.00 feet to the True Point of Beginning; thence North 89' 56' 00" East a distance of 235.00 feet(Course 1) along a line 15.00 feet South of and parallel to the North line of said Donation Land Claim; thence South 00' 00' 00" East a distance of 235.00 feet(Course 2); thence South 89' 56' 00"West a distance of 235.00 feet(Course 3); thence North 00' 00' 00" West a distance of 235.00 feet(Course 4)to the True Point of Beginning,,all in Lane County, Oregon. Contains 1.27 acres more or less. Date Received MAR 0 5 2018 Original Submittal lilt- ORDINANCENu"8499- Exhibit B, Page 1 of 10 3 SPRINGFIELD City Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: 0 Annexation A. .lication Submittal: ►= Required Proposal_Information .I__-1 (Applicant: Complete This Section) Property Owner: A11�iWC4-t)ic A1Q. nh1X11 OtditlrLsII.l�rS it re ne:I 5411.25555 ((U! Address: 3(65 i'3Jf I VLAAnwil Fen RL re:, CJ' 4f- 7 17 - 7 11 S9rtnek&e11, DR ciPir" ^ E-mail: n Owner Signature: 1 b ( '40,O nLL) Owner Signature. Z ,Z0701,17) Alma Agent Name: Phone Company: Fax: Address: E-mail Agent Signature: ii the£aafioTitis oMeHthan tfie owner the owner hereiA rnt -oermisslon:artFe apiiiRia to a$m Ns or hertiehalf a cent 2! 'where sgri rrees,otnyOwi ollrecortlar igaiiLOsniytheovine maysgnthe,OeMmn. y;".V t„,_4" I'_ ' ' y ASSESSOR'S MAP NO: 17-03-15-40 I TAX LOT NO(S): 2300&2400 Property Address: 377 Deadmond Ferril 3415 1Jeczan&4%t1 Fern± Area of Request: Acres: 1.35 I Square Feet: Existing Use(s) House and Vacant lot of Property: Proposed Use of Property: Required Property Information (City Intake Staff: Complete This Section) Case No.: ,�(�'' �hy pu Date: 2k �'j Reviewed By: ( l�l(��DWti`1J � 'C I' JI✓I`�b (initials) Application Fee: I O� Postage Fee: S%.00 Total Fee: •sp -o1� .. SII tt `ee , t5. ;_.� iaS w.r_.:_�f._AII a t . . . � � . : Iw a Date Received MAR 052018 Revised 4/8/14 8J Page 8 of 17 L J Original Submittal Ce ORDINANCE NO.6379 • Exhibit B, Page 2 of 10 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. SSubmittal 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 ti elines, information, requests and requirements conveyed to my representative. Owner: /- ��, _ I Date: o� -Ignature fV10�d.cLa � atm CIVIL Print Submittal 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 information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: �� � Date: ,fel. Signature Dtanna La,r5&n Print Date Received MAR 0 5 2018 Revised 4/8/14 137 Page 9 of 17 Original Submittal ORDINANCE NO. 6379 Exhibit B, Page 3 of 10 377 DEADMOND FERRY ANNEXATION NARRATIVE: • Date: February 20, 2018 Assessor's Map: 17-03-15-40 Tax Lots 2300&2400 Applicants: Zack Falk Onelife Development Wework C/o Zack Falk 1550 Wewatta St. Denver, Co 80202 Applicant's Representative: The Favreau Group 3750 Norwich Ave. Eugene, OR 97408 541-683-7048 Attn: Tony Favreau Annexation Criteria: 1. The annexation area is within the City's urban growth boundary and is contiguous to the city limits or separated from the city only by a public right-of-way or a stream, lake, or other body of water. Response: The subject property is contiguous to the city limits along all sides of boundary line. 2. The proposed annexation is consistent with applicable policies in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and any applicable refinement plans or Plan Districts. Response: The subject property is designated as low density residential zoned land within the Metro Plan. 3. 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. Response: The proposed annexation boundary fills in an island of un-annexed property. All key urban facilities and services are available to the property and surrounding areas at this time. 4 Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. [SDC Section 5.7-140, • Criteria] Response: An Annexation Agreement prepared by City staff will be signed by the developer. S.. DIM S. 811 -17 - pvoolt-o-PRt Date Received MAR 0 5 2018 Original Submittal `N ORDINANCE NO.6379 Exhibit B, Page 4 of 10 LEGAL DESCRIPTION Beginning at the Northwest corner of the William N. Stevens Donation Land Claim#46, in Section 15, Township 17 South, Range 3 West of the Willamette Meridian; thence North 89' 56' 00" East, 2895.88 feet to a point marked by an iron pin on the North line of said Donation Land Claim and 5.0 feet south of County Road No. 90; thence South 15.00 feet to the True Point of Beginning; thence North 89' 56' 00" East a distance of 235.00 feet(Course 1) along a line 15.00 feet South of and parallel to the North line of said Donation Land Claim; thence South 00' 00' 00" East a distance of 235.00 feet(Course 2); thence South 89' 56'00" West a distance of 235.00 feet(Course 3); thence North 00' 00' 00"West a distance of 235.00 feet (Course 4) to the True Point of Beginning,.all in Lane County, Oregon. Contains 1.27 acres more or less. Date Received MAR 05 2018 Original Submittal ORDINANCE NO.6379 1214 Exhibit e , _m at c ; Zc S o Iv { \ \ • - _ RA � e O E' E 2 j, /\ \ . » _o to— , & a b a a w \\\ \ / \ t 2 - -Co j ro a * to c z9 $ > -• to \ ® ' )! 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Exhibit B, Page 6 of 10 LANE COUNTY Property Account Summary As OI 2/212018 Status:Active Account No.: 0150498 Alternate Property Number: 1703154002400 • Account Type: Real Property TCA: 00422 • Situs Address: 385 DEADMONO FERRY-RD SPRINGFIELD OR 97477 Legat: Township 17 Range 03 Section 15 Quarter 40 IL 02400 Parties: Role Name&Address Mortgage HOMESELECT SETTLEMENT SOLUTIONS LW Company UNKNOWN ADDRESS UNKNOWN OR 97401 Owner CHORD ARNOLD L&DIANE J 1666 MAIN ST SPRINGFIELD OR 97477 Tax Service CORELOGIC REAL ESTATE SERVICE Companies UNKNOWN ADDRESS UNKNOWN OR 97401 Taxpayer CHORD ARNOLD L&DIANE J 1666 MAIN ST SPRINGFIELD OR 97477 Property Values: Value Name 2017 2016 2015 2014 2013 MKTTL $317,681 $283,506 5266,428 $250.367 $217,053 • AVR 5212,826 $206,627 $200,609 5194,766 $189093 TVR $212,826 5206,627 8200,609 $194,766 $189,093 Property Characteristics: Tax Year Characteristic Value 2017 Properly Class 101 Res conforming improved Change Properly Ratio 1XX Residential Size 0.9 Code Split N Neighborhood 441503 Exemptions: (End of Report) Date Received MAR 0 5 2818 Original Submittal GVN Run:2/21/2018 11:24:34 AM ASC0037 iAscend_Prod_Rpg Page 1 • ORDINANCE NO. 6379 • Exhibit B, Page 7 of 10 S. LANE COUNTY Property Account Summary As Of 2/21/2018 Slatus:Active Account No.: 0150506 Alternate Property Number: 1703154002300 Account Type: Real Property TCA: 00422 Situs Address: 377 DEADMOND FERRY RD SPRINGFIELD OR 97477 Legal: Township 17 Range 03 Section 15 Quarter 40 TL 02300 Parties: Role Name 6 Address Mortgage BANNER BANK Company UNKNOWN ADDRESS UNKNOWN OR 97401 Owner LARSEN DIANNA LYNN 377 DEADMOND FERRY RD SPRINGFIELD OR 97477 Tax Service CORELOGIC REAL ESTATE SERVICE Companies UNKNOWN ADDRESS UNKNOWN OR 97401 Taxpayer LARSEN DIANNA LYNN 377 DEADMOND FERRY RD SPRINGFIELD OR 97477 Property Values; Value Name 2017 2016 2015 2014 2013 MKTTL $197,274 $176,366 $166,719 $158,038 6140,645 AVR $129582 $125,905 $122,238 $118,678 $115.221 NR $129,682 $125,905 $122.238 $118.678 $115,221 Property Characteristics: Tax Year Characteristic Value 2017 Property Class 101 Res conforming improved Change Property Ratio 1XX Residential Size 0.35 Code Split N Neighborhood 441503 Exemptions: (End of Reporl) Date Received MAR 0 5 2018 prsinRI Submittal Run: 2/21/201B 11:2533 AM ASC0037 IAscend Prod_Rpt] Paget ORDINANCE NO.6379 Exhibit B, Page 8 of 10 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 Assessed Imp. Signed Signed (Mapflat number) I Name Of Owner Acres Value Y/ N Yes No 19-53-15-49-/N dRrADIAFadd (Mord .415 n2121424 Y ✓ 11-03- 15-gb-Oz oo Didnna lar5en . 33 AM? biz Y ✓ TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL L NUMBER OF OWNERS WHO SIGNED 2, PERCENTAGE OF OWNERS WHO SIGNED go TOTAL ACREAGE IN PROPOSAL 1,ZB ACREAGE SIGNED FOR / n9 PERCENTAGE OF ACREAGE SIGNED FOR /00 TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR crol�l�:d Date R Revised 4/B/14 B) MAR 0 5��20 2018 14 of 17 Ori 1ARAS -s.�7e \ Exhibit B, Page 9 of 10 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all 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: AntrflotiY -3 FAIg.&A14 E-mail: RSA0)(2,0 t4? f!t4Snl -Cam Supply the following information regarding the annexation area. • Estimated Population (at present): .3 • Number of Existing Residential Units: • Other Uses: • Land Area: /.7.-S total acres • Existing Plan Designation(s): Al • Existing Zoning(s): Low D9J5,rj Rt31Otwr?R � • Existing Land Use(s): 1-10M 5 • Applicable Comprehensive Plan(s): LOW DGN11iS ' • Applicable Refinement Plan(s): LOW DtivS in' Rt—s Dc>rTiR� • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. GX151/r04 Fl6+465 • Are there development plans associated with this proposed annexation? Yes No K If yes, describe. • • Is the proposed use or development allowed on the property under the current plan designation and zoning? / Yes No A /\ • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). r1..in o',�o{.sad Revised 4/8/14 B] Page QS�df[17i Odg18 umANCEiINgr6379 Exhibit B, Page 10 of 10 Does this application include all contiguous property under the same ownership?y Yes '\ 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 ❑ Rainbow Water and Fire District ❑ Eugene School District 0 Pleasant Hill School District ❑ Springfield School District 0 McKenzie Fire & Rescue ❑ Pleasant Hill RFPD 0 Willakenzie RFPD ❑ EPUD ❑ SUB ❑ Willamalane Parks and Rec District ❑ Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Date Received MAR 0 5 2018 • Original Submittal pW\ Revised 4/8/14 B1 Page 16 of 17 ORDINANCE NO. 6379 Exhibit C, Page 1 of 6 SPRINGFIELD TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION IL* OREGON File Name: Chord & Larsen Annexation Applicants: Arnold& Diane Chord, and "" • ` Dianna Larsen Case Number: 811-18-000045-TYP4 * ! r Proposal Location: aa 1 P \I Propos td >f 377 & 385 Deadmond Ferry Road `" zti")� 5 <�,., Annexat .n (Map 17-03-15-40, TL 2300& 2400) Area• (•.` _ r Current Zoning: Low Density Residential U " . r (LDR) with Urhanizable Fringe Overlay _,_., n,,, ' 3 tet rrr i - (UF-I 0) ..d.-_;t Plan Designation: LDR - �.Beane R• Applicable Comprehensive Plan: Gateway Refinement Plan Application Submittal Date: March 5.2018 Associated Applications: 811-17-000040-PRE (Development Issues Meeting); 811-18-000028-PRE (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 Arnold &Diane Chord 541-255-8611 385 Deadmond Ferry Rd Springfield OR 97477 Applicant Dianna Larsen 541-747-7403 377 Deadmond Ferry Rd Springfield OR 97477 Applicant's Tony Favreau, PE 541-683-7048 3750 Norwich Ave Representative Favreau Group Engineering Eugene OR 97408 ORDINANCE NO. 6379 Exhibit C, Page 2 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 29,2017. Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.13.21.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 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 two adjoining parcels on the south side of Deadmond Ferry Road just east of the intersection with Game Farm Road. The properties are addressed as 377 and 385 Deadmond Ferry Road and each parcel contains an existing single family home. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along all four sides. The requested annexation territory comprises approximately 1.27 acres and zoning for the property is Low Density Residential (I.DR) with an Urbanizable Fringe Overlay(UF-10) applied. The intent of the annexation request is to facilitate future redevelopment of the property in accordance with provisions of the LDR district. The full range of City utilities including sanitary sewer service are available along the property frontage on Deadmond Ferry Road. Because urban utilities,services, and infrastructure are already installed and available,an Annexation Agreement is not required for this annexation request. Existing public services arc provided to the annexation arca 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 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/ire 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 13. 2018, 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 May 7, 2018 public hearing was published in The Register- Guard on April 23 and 30, 2018. Posted Notice. Notice of the May 7, 2018 public hearing was posted in four public places in the City: along the property frontage on Deadmond Ferry Road; at Springfield City I fall; on the electronic display ORDINANCE NO.6379 Exhibit C, Page 3 of 6 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 March 12, 2018. 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 (Metra Plan). The area requested for annexation abuts the Springfield city limits along all four sides. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with criterion A(I), 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 Gateway Refinement 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 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 northwest 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. ORDINANCE NO. 6379 Exhibit C, Page 4 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. The subject annexation area is currently zoned and designated for single family residential development. 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 is a remnant unincorporated island within a larger area of incorporated territory. The subject site will take advantage of urban service delivery systems that are already in place along the public street frontage on Deadmond Ferry Road. 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 public water line in Deadmond Ferry Road that would continue to provide water service to the property. Electricity — SUB Electric provides service to developed properties in this area of northwest Springfield, including the subject site. Existing electrical system infrastructure within the adjacent public right-of-way will be maintained by the affected utility providers. Police Services— Springfield Police Department currently provides service to areas of northwest 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 arca 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 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. ORDINANCE NO.6379 Exhibit C, Page 5 of 6 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 4.1 School District serves Glenwood and portions of northwest Springfield that are north of Harlow Road. Based on the current zoning and comprehensive plan designation for the property, it is expected that the annexation territory could 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 is an existing public sewer line along the property frontage on Deadmond Ferry Road. Sanitary sewer laterals have been stubbed into the property frontages for each parcel. However, 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 Deadmond Ferry Road. and an existing vegetated stormwater detention basin that straddles the boundary between 385 Deadmond Ferry Road and the adjacent memory care facility at 3491 Game Farm 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 also could be made at the northwest corner of the site along the Deadmond Ferry Road frontage. Streets — The subject annexation arca has frontage on Deadmond Ferry Road along the northern boundary. Along the site frontage, Deadmond Ferry Road is developed as an urban major collector street with curb, gutter and sidewalk, a striped vehicle and bicycle lane in each direction, and a bi-directional center turning lane. Deadmond Ferry Road also has street lighting and a discontinuous row of street trees. Construction of new or existing street frontage improvements along Deadmond Ferry Road will be reviewed and approved as a part of the site development or redevelopment 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. 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 already partially developed with single family homes and a full range of urban utilities and services are currently available along the public street frontage. Therefore, an Annexation Agreement is not warranted for this annexation request. Conclusion: The proposal meets and complies with criterion D. Subsection 5.7-140. ORDINANCE NO.6379 Exhibit C, Page 6 of 6 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 May 7, 2018, 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 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 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 underlying Low Density Residential (LDR)zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted first reading by the City Council on May 7. 2018 and adopted after a second reading on or around May 21, 2018. the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around June 20. 2018), 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. ORDINANCE NO.6379