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Ordinance 6381 06/04/2018
CITY OF SPRINGFIELD, OREGON ORDINANCE NO. fi7R1 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE GLENWOOD WATER DISTRICT. 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, consistent with SDC 5.7-125.A and ORS 222.111(2), the Common Council of the City of Springfield initiated the annexation of said territory by adoption of Resolution 2018-09 on April 2, 2018 attached hereto as Exhibit B to this Ordinance; and, WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125.A and ORS 222 and has been set for public hearing; and, WHEREAS, the territory 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 [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 territory proposed for annexation consists of linear segments of publicly-owned land to be dedicated and retained as public right-of-way and used for Franklin Boulevard and McVay Highway road widening and related improvements in Glenwood, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance; 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 5.7-140.8], and to withdraw the subject territory from the Glenwood 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 21, 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. Sectinn 7. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Glenwood 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 4 day of ,1,mP , 2018, by a vote of 5 for and 0 against. (I ABSENT- WYLI E) APPROVED by the Mayor of the City of Springfield this Q day of June , 2018. Mayor ATTEST:/��� / City Recorder �G REVIEWED & PPROVED AS TAY II- DATE: 7ARMA" OFFICE OF ITY ATTORNEY Page 2 of 2 ORDINANCE NO. 6381 7 4- 0 0 0) 03 0- Q L X LI] CO p 4 ... 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' j`1 fl Y 1 I M, _ 1 N! a� !1y w o 1 !• Iwi�n i Exhibit A, Page 5 of 11 Exhibit Franklin Boulevard Annexation Parcel 1: Beginning at a point in the Southeast quarter of Section 34, Township 17S, Range 3W, of the Willamette Meridian, Lane County, Oregon, said point being the Northeast corner of a parcel of land deeded to LANE TRANSIT DISTRICT per a Warranty Deed recorded December 15, 2005 and recorded at Instrument number 2005-099695, Lane County Deeds and Records, in Lane County, Oregon, and also being on the current city limits line, and also being at the intersection of the Southerly right of way line of Franklin Boulevard, also known as McKenzie Highway, and also being on the Westerly right of way line of Mississippi Avenue; 1) Thence leaving the Southern right of way line of Franklin Boulevard and the current city limits line, on the Westerly right of way line of Mississippi Avenue, South 2° 10' 51" West a distance of 10.30 feet,more or less; 2) Thence leaving said Westerly right of way line of Mississippi Avenue, South 77° 26' 13" East a distance of 98.48 feet, more or less,to a point of curvature; 3) Thence 10.47 feet on the arc of a 20.00 foot radius curve to the right with a central angle of 30°00'00" (the long chord of which bears South 62° 26' 13" East, a distance of 10.35 feet)to a point of tangency; 4)Thence South 47°26' 13" East a distance of 30.13 feet, more or less,to a point of curvature; 5) Thence 26.34 feet on the arc of a 50.00 foot radius curve to the left with a central angle of 30°11'07" (the long chord of which bears South 62°31' 46" East, a distance of 26.04 feet) to a point of tangency; 6) Thence South 77°37' 19" East 67.38 feet, more or less, to a point of curvature; 7) Thence 34.57 feet on the arc of a 500.00 foot radius curve to the right with a central angle of 3°57'43" (the long chord of which bears South 75°38' 28" East, a distance of 34.57 feet)to a point on the current city limits line; 8) Thence on the current city limits line,North 1°55' 51" East a distance of 36.24 feet, more or less, to the Southerly right of way line of Franklin Boulevard; 9)Thence on the Southerly right of way line of Franklin Boulevard and the current city limits line, North 77°28' 39" West a distance of 256.84 feet, more or less, to the Point of Beginning. Containing approximately 5,890 square feet, more or less. ORDINANCE NO. 6381 Exhibit A, Page 6 of 11 Exhibit Franklin Boulevard Annexation Parcel 2: Beginning at a point in the Southeast quarter of Section 34,Township 17S, Range 3W, of the Willamette Meridian, Lane County, Oregon, said point being the Northeast corner of a parcel of land deeded to SPRINGFIELD ECONOMIC DEVELOPMENT AGENCY per a Statutory Warranty Deed recorded January 31, 2012 and recorded at Instrument number 2012-003642,Lane County Deeds and Records, in Lane County, Oregon, and also being on the Southerly right of way line of Franklin Boulevard, also known as McKenzie Highway, and also being on the current city limits line; 1) Thence leaving the Southern right of way line of Franklin Boulevard, on the current city limits line and the Westerly right of way line of Concord Avenue, South 1° 55' 51" West a distance of 47.20 feet,more or less, to a point of curvature; 2) Thence leaving said Westerly right of way line of Concord Avenue, 27.97 feet on the arc of a 300.00 foot radius curve to the left with a central angle of 5°20'33" (the long chord of which bears South 74° 48' 34" East,a distance of 27.96 feet)to a point of tangency; 3) Thence South 77° 28' 39" East a distance of 119.04 feet, more or less, to a point of curvature; 4) Thence 121.02 feet on the arc of a 734.50 foot radius curve to the left with a central angle of 9°26'24" (the long chord of which bears South 82° 11' 51" East, a distance of 120.88 feet)to a point of tangency; 5) Thence South 89° 01' 04" East a distance of 109.10 feet, more or less; 6) Thence South 83° 46' 32" East a distance of 69.00 feet, more or less,to a point of curvature; 7) Thence 10.66 feet on the arc of a 100.00 foot radius curve to the right with a central angle of 6°06'27" (the long chord of which bears South 80° 43' 18" East, a distance of 10.65 feet) to a point of tangency; 8)Thence South 77° 40' 05" East a distance of 35.37 feet, more or less, to a point of curvature; 9) Thence 53.27 feet on the arc of a 190.00 foot radius curve to the right with a central angle of 16°03'53" (the long chord of which bears South 69°38' 08" East, a distance of 53.10 feet) to a point of reverse curve; ORDINANCE NO. 6381 Exhibit A, Page 7 of 11 10) Thence 82.91 feet on the arc of a 107.00 foot radius curve to the left with a central angle of 44°23'42" (the long chord of which bears South 83°48' 02" East, a distance of 80.85 feet) to a point of tangency; II) Thence North 74°00' 07" East a distance of 12.51 feet, more or less, to a point on the Southerly right of way line of Franklin Boulevard, and also being on the current city limits line; 12) Thence North 77°28' 39" West a distance of 641.55 feet, more or less, to the Point of Beginning. Containing approximately 18,431 square feet, more or less. ORDINANCE NO. 6381 Exhibit A, Page 8 of 11 Exhibit Franklin Boulevard Annexation Parcel 3: Beginning at a point in the Southeast quarter of Section 34, Township 17S, Range 3W, of the Willamette Meridian, Lane County, Oregon, said point being the Southwest corner of a parcel of land deeded to the STATE OF OREGON, by and through its STATE HIGHWAY COMMISSION per a Warranty Deed recorded May 8, 1956 at Reel number 79 '56D, Instrument number 84463, Lane County Deeds and Records, in Lane County, Oregon, and also being on the Easterly right of way line of Franklin Boulevard,also known as McVay Highway, and also being on the current city limits line; 1) 'Ihence on the Easterly right of way line of Franklin Boulevard and the current city limits line, North 45° 02' 21" East a distance of 6.46 feet, more or less; 2) Thence leaving said Easterly right of way line of Franklin Boulevard and the current city limits line.South 7°37' 09" East a distance of 12.48 feet, more or less, to a point of curvature; 3) Thence 54.39 feet on the arc of a 382.00 foot radius curve to the left with a central angle of 8°09'30" (the long chord of which bears South 11° 41' 54" East, a distance of 54.35 feet)to a point on the Easterly right of way line of Franklin Boulevard and the current city limits line; 4) Thence North 15°46' 39" West a distance of 63.41 feet, more or less, to the Point of Beginning. Containing approximately 120 square feet, more or less. ORDINANCE NO. 6381 Exhibit A, Page 9 of 11 Exhibit Franklin Boulevard Annexation Parcel 4: Beginning at a point in the Southeast quarter of Section 34, Township 17S, Range 3W, of the Willamette Meridian, Lane County, Oregon, said point being the Northeast corner of a parcel of land deeded to the STATE OF OREGON, by and through its STATE HIGHWAY COMMISSION per a Warranty Deed recorded March 20, 1942 at Book 229, Page 214, Lane County Deeds and Records, in Lane County, Oregon, and also being on the Northerly right of way line of Franklin Boulevard, also known as McKenzie Highway, and also being on the West side of North Concord Street, and also being on the current city limits line; ]) Thence leaving the current city limits line and said Northerly right of way line, on the West side of North Concord Street, North 1° 43' 55" East a distance of 20.42 feet, more or less; 2) Thence leaving said West side of North Concord Street, South 64° 29' 44" East a distance of 33.89 feet, more or less, to a point of curvature; 3) Thence 56.33 feet on the arc of a 70.00 foot radius curve to the left with a central angle of 46°06'34" (the long chord of which bears South 87°33' 01" East, a distance of 54.83 feet) to a point of reverse curvature; 4) Thence 61.23 feet on the arc of a 100.00 foot radius curve to the right with a central angle of 35°04'50" (the long chord of which bears North 86°56' 07" East, a distance of 60.28 feet) to a point of reverse curvature; 5) Thence 247.41 feet on the arc of a 835.00 foot radius curve to the left with a central angle of 16°58'36" (the long chord of which bears South 84° 00' 46" East, a distance of 246.51 feet) to a point of reverse curvature; 6) Thence 31.48 feet on the arc of a 60.00 foot radius curve to the right with a central angle of 30°03'53" (the long chord of which bears South 77°28' 08" East, a distance of 31.12 feet) to a point of tangency; 7)Thence South 62° 26' 11" East a distance of 33.69 feet, more or less, to a point of curvature; 8) Thence 55.18 feet on the arc of a 82.00 foot radius curve to the left with a central angle of 38°33'18" (the long chord of which bears South 81° 42' 50" East, a distance of 54.14 feet)to a point of tangency; 9) Thence North 79°00' 31" East a distance of 31.00 feet, more or less,to a point of curvature; ORDINANCE NO. 6381 Exhibit A, Page 10 of 11 10) Thence 19.57 feet on the arc of a 140.00 foot radius curve to the left with a central angle of 8°0029" (the Tong chord of which bears North 75° 00' 16" East, a distance of 19.55 feet)to a point of compound curvature; 11) Thence 27.46 feet on the arc of a 485.00 foot radius curve to the left with a central angle of 3°14'38" (the long chord of which bears North 69°22' 43" East, a distance of 27.45 feet) to a point of reverse curvature; 12) Thence 40.78 feet on the arc of a 107.00 foot radius curve to the right with a central angle of21°50'08" (the long chord of which bears North 78° 40' 28" East, a distance of 40.53 feet)to a point of tangency; 13) Thence North 89°35' 32" East a distance of 86.10 feet, more or less, to a point of curvature; 14) Thence 30.83 feet on the arc of a 100.00 foot radius curve to the left with a central angle of 17°40'01" (the long chord of which bears North 80° 45' 31" East, a distance of 30.71 feet) to a point of tangency; 15) Thence North 71° 55' 31" East a distance of 69.00 feet. more or less, to an angle point; 16)Thence North 72° 40' 55" East a distance of 99.14 feet, more or less, to a point of curvature; 17) Thence 77.24 feet on the arc of a 115.00 foot radius curve to the right with a central angle of 38°28'54" (the long chord of which bears South 88°04' 38" East, a distance of 75.79 feet) to a point of tangency; 18) Thence South 68°50' 11" East a distance of 36.21 feet, more or less, to a point of curvature; 19) Thence 6.86 feet on the arc of a 102.00 foot radius curve to the left with a central angle of 3°51'08" (the long chord of which bears South 70° 45' 47" East, a distance of 6.86 feet) to a point of non-tangent curvature, said point being on the current city limits line and said Northerly right of way line; 20) Thence on said current city limits and Northerly right of way, 17.95 feet on the arc of a 173.25 foot radius curve to the left with a central angle of 5°5618" (the long chord of which bears South 8°45' 33" West, a distance of 17.95 feet)to a point of tangency; Continuing on said current city limits and Northerly right of way the following courses: 21) Thence South 66° 58' 21" West a distance of 83.76 feet,more or less, to a point of curvature; ORDINANCE NO. 6381 Exhibit A, Page 11 of 11 22) Thence 567.68 feet on the arc of a 914.93 foot radius curve to the right with a central angle of 35°33100" (the long chord of which bears South 84° 44' 51" West, a distance of 558.62 feet) to a point of tangency; 23) Thence North 77° 28' 39" West a distance of 165.84 feet, more or less,to an angle point; 24) Thence South 1°43' 49" West a distance of 10.18 feet, more or less, to an angle point; 25) Thence North 77° 28' 39" West a distance of 81.44 feet, more or less, to an angle point; 26) Thence North 1° 43' 55" East a distance of 10.18 feet, more or less, to an angle point; 27) Thence North 77°28' 39" West a distance of 138.36 feet, more or less, to the Point of Beginning. Containing approximately 59,538 square feet, more or less. ORDINANCE NO. 6381 Exhibit B, Page 1 of 1 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. 1018-09 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY FOR FUTURE FRANKLIN BLVD RIGHT-OF-WAY TO THE CITY OF SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE WHEREAS, the City Council is authorized by Section 5.7-125 of the Springfield Development Code to initiate annexation of contiguous property to the City Limits of Springfield, and; WHEREAS, the property to be annexed is publicly owned property, and; WHEREAS, the territory to be annexed is within the Springfield Urban Growth Boundary, and is contiguous to the City of Springfield and can be provided with a full range of key urban services including sanitary sewer, water, storm drainage, police and fire protection, electrical service and land use controls, street lights and paved streets, recreational facilities and library, and; WHEREAS, annexation procedures shall be initiated and followed in accordance with the public notice and hearing process, criteria of approval and ordinance adoption procedures contained in Springfield Development Code Section 5.7 —Annexations. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The Common Council of the City of Springfield does hereby announce its intention to conduct a public hearing to consider annexation of territory generally described as follows: City of Springfield owned property comprising of 1.93 acres on Franklin Blvd. between the bndges east of McVay Highway 225 (S. Franklin Blvd.) and Mississippi Boulevard. Said territory is generally depicted on Exhibit 1 attached hereto. Section 2: As part of the consideration of the annexation action, City Council directs staff to review the affected territory for any potential survey gaps and, if any exist, to close such gaps to create contiguous annexation territory. Section 3: The Common Council of the City of Springfield gives the authority to the City Manager to dedicate the properties to Right-of-Way after the properties have been annexed. Section 4: This Resolution will take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 2nd day of ADr i 1 201 a by a vote of 5 for and 0 against. (1 absent - Wylie) C //) • /Le•( Mayor ATTEST: Lt A -ert ZL REVIEWED &APPROVED As O,FO• City Recorded I.. Ara riATE- • OFFICE OF CITY AT 0 (NANCE NO. 6381 Exhibit C Page 1 of 6 SPRINGFIELD TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION It* OR ' •1•• • liir - ' * -a. t. T r.:„ . --,.., :" ii -.ti e 40,4 : ... ... ...e. ,..., .. . 4 c;._• 1 47...: , Nr....• , * L */ iri . t ,, • :ki:', • : -- ' ••• ,f?"-•--- -. :,- .A4 j'"---itt. • .: .,... ---• .,•:kirr ; 4 w'll '*' " r- ..- - i ,- , , ----r,„„,„„,„„„. •-------,,,,„__ •,., ••••••____ - - •• • tt• n . -: -.4-,i... ...!,•,,..)-., --. ----,-,,,,i , ,, • _ . 4. • . . ,. . , • . . i t 4: 4 • .. . ' • . - . . . , . i , Aft.. • 44,...,4% .1 '• -::.. 1 .4.. - nallt. 7 * ! w .t. . 4..... -4:+8.14 :7-7. ,1'..?ratty —.... • - 4' '4- :.. .171 ''.-- ...a.fie .- _I 2---,-. 1 . .• . ., . 7F . • ...; - • - - . , 7 I ' 1.140"1 - .e I ' it tr — • • C ,, in r, --1 k •.6 File Name: Franklin Boulevard Annexation El Area Proposed for Annexation Applicant: City of Springfield Case Number: 811-18-000057-TYP4 Proposal Location: Segments of Franklin Boulevard and McVay Highway road widening in east Glenwood Current Zoning & Comprehensive Plan Designation: Glenwood Residential Mixed Use: Glenwood Commercial Mixed Use:Glenwood Employment Mixed Use, and Glenwood Office Mixed Use Districts Applicable Comprehensive Plan: Glenwood Relinemeni Plan Application Submittal Date: April 5, 2018 Associated Applications: None 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 _ ORDINANCE NO. 6381 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,unless waived by the Director. Finding: Because the subject annexation request was initiated by resolution of the City Council, and the supporting application materials were prepared by staff,the requirement for a DIM was waived. 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.A and ORS 222.111(2), an annexation application may be initiated by City Council resolution. Additionally, in accordance with SDC 5.7-125.B.3, the City Council may adopt a resolution to initiate a boundary change, including but not limited to public land and other publicly owned rights-of-way. Finding: The City Council initiated the subject annexation action by adoption of Resolution 2018-09 on April 2, 2018 (Attachment 3). The subject annexation area consists of linear strips of publicly owned land for the Franklin Boulevard and McVay Highway widening, and adjoining segments of public right-of-way currently outside the City limits. Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The territory requested for annexation is comprised of four parcels of publicly-owned land adjoining the Franklin Boulevard and McVay Highway rights-of-way. The subject territory was acquired for road widening associated with the initial phase of the Franklin Boulevard project. The area proposed for annexation is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the edge of the Franklin Boulevard and McVay Highway rights-of-way. The requested annexation territory comprises approximately 1.93 acres and zoning for the property is a combination of Glenwood Residential Mixed Use; Glenwood Employment Mixed Use; Glenwood Office Mixed Use; and Glenwood Commercial Mixed Use with an Urbanizable Fringe Overlay (UF-10) applied. The intent of the annexation request is to facilitate dedication of the road widening areas as public right-of-way. The full range of City utilities (including sanitary sewer service) are available along the property frontages on Franklin Boulevard or McVay Highway. However, because the subject area is designed and intended to be used for public road widening and related transportation facility improvements, an Annexation Agreement is not warranted for this annexation request. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Eugene 4J School District), roads (City of Springfield and Lane County), and Fire (Eugene/Springfield under contract with Glenwood Water District). Springfield Utility Board (SUB) operates the existing water utility infrastructure in the incorporated areas adjoining the subject site, while Glenwood 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 April 30,2018,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. ORDINANCE NO. 6381 Exhibit C,Page 3 of 6 Newspaper Notice. Notice of the May 21,2018 public hearing was published in The Register- Guard on May 7 and 14,2018. Posted Notice. Notice of the May 21, 2018 public hearing was posted in five public places in the City: on both sides of Franklin Boulevard near the newly-constructed roundabout; 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 underlying mixed use zonings 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 10 DLCD regarding the proposed annexation was sent on April 16, 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 (Metro Plan). The area requested for annexation abuts the Springfield city limits along the Franklin Boulevard and McVay Highway rights-of-way. 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 currently zoned and designated a combination of Glenwood Employment Mixed Use, Glenwood Commercial Mixed Use, Glenwood Residential Mixed Use and Glenwood Office Mixed Use in accordance with the Springfield Zoning Map and the adopted Glenwood Refinement Plan diagram. There are no proposed changes to the current zoning or plan designation, although the zoning will be effectively removed upon dedication of the annexed territory as public right-of-way. Finding: The "Urban Transition and Annexation' section of the adopted Glenwood Refinement Plan supports incremental annexation of urbanizable land within Glenwood as key urban facilities and services become available. The area proposed for annexation is within the Franklin Boulevard project area and will form part of the upgraded and expanded transportation infrastructure serving Glenwood. ORDINANCE NO. 6381 Exhibit C,Page 4 of 6 Finding: The continued annexation of properties and public road 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 Glenwood Water District. Glenwood Water District has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of Glenwood. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Glenwood 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 Glenwood mixed use development, but the zoning will be largely a moot point as the affected property is to be dedicated as public right-of-way for an urban arterial street. 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 he 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 along the edges of the Franklin Boulevard and McVay Highway rights-of-way. In conjunction with the Franklin Boulevard project, urban utilities have been or will be extended along the corridor to serve adjacent development areas. Therefore, the subject property has urban service delivery systems that are already in place along the public street frontages. 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 within incorporated areas of Glenwood that are 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 Franklin Boulevard that would continue to provide water service to the property. Electricity — SUB Electric provides service to developed properties in this area of Glenwood, 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 Glenwood that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriffs Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services— Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with Glenwood 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 ORDINANCE NO. 6381 Exhibit C,Page 5 of 6 been adopted by the three regional ASA providers to provide backup coverage for each other's jurisdictions. Parks and Recreation — Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. The park district operates several indoor recreation facilities. such as the Willamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks, including community parks, sports parks, special use parks. and natural area parks. Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park and Recreation District consistent with City policy and the adopted Willamalane Comprehensive Plan. Library Services—Upon annexation to the City of Springfield, the subject area will be within the service area of the Springfield Public Library. Schools—The Eugene 4J School District serves Glenwood and portions of northwest Springfield that are north of Harlow Road. Based on the anticipated use of the property as public right-of-way containing built transportation infrastructure, it is not expected that the annexation territory would generate any permanent residents and/or school-age population in the future. Sanitary Sewer — The annexation territory is adjacent to existing public sewer lines along the property frontages on Franklin Boulevard and McVay Highway. Sanitary sewer laterals have been stubbed into the property frontages adjoining the annexation area. However, annexation of the abutting property will be required before sanitary sewer service can be provided. Stormwater — The subject annexation territory is served by a combination of newly constructed stormwater management systems in the Franklin Boulevard roundabout and runoff that is directed to catch basins on the east side of McVay Highway. Extension and expansion of the public stormwater system will be necessary at the time that adjoining properties are developed. Streets—The subject annexation area has frontage on Franklin Boulevard and McVay Highway along the edge of the public right-of-way. Along the property frontages, Franklin Boulevard and McVay Highway are developed as urban minor arterial streets with curb, gutter and sidewalk, striped vehicle and bicycle lanes. and multi-lane roundabouts. Franklin Boulevard also is being developed with street lighting and street trees as each successive phase of improvements occurs. Elsewhere, construction of new or existing street frontage improvements along Franklin Boulevard and McVay Highway will be reviewed and approved as a part of the site development or redevelopment process on abutting properties. 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. ORDINANCE NO. 6381 Exhibit C,Page 6 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 area proposed for annexation is already under construction and improved with transportation infrastructure associated with the Franklin Boulevard project. Therefore, an Annexation Agreement is not warranted for this annexation request. 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 Glenwood Water District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall he by Ordinance. Finding: On May 21. 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 a combination of Glenwood Office Mixed Use. Glenwood Residential Mixed Use, Glenwood Employment Mixed Use, and Glenwood Commercial Mixed Use in accordance with the Springfield Zoning Map and the adopted Glenwood Refinement Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the OF-10 overlay will be automatically removed. Upon dedication of the subject property as public right-of-way,the zoning will be effectively removed as it will be constructed and maintained as a public street. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted first reading by the City Council on May 21, 2018 and adopted after a second reading on or around June 4, 2018, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around July 5, 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 Glenwood Water District (water service and contracted 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 Glenwood Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance No.,(0343 I. ORDINANCE NO. 6381