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HomeMy WebLinkAboutItem 21 Annexation of Territory to the City of Springfield (57th St. Prop LLC - Case Number C SP 2008 - LRP2008-00001) Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: July 7,.2008 Regular Meeting Development servic~es Andy Limbird o..~ x3784 15 minutes AGENDA ITEM SUMMARY . SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION REQUESTED: ISSUE STATEMENT: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD (57th St Prop LLC - Case Number C SP 2008 - LRP2008-00001) Conduct a public hearing and adopt/not adopt the following ordinance: AN ORDINANCE MODIFYING AND APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE . CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRA WING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND DECLARING AN EMERGENCY. The property owner has requested annexation of a 1.51 acre parcel located at 725 South 57th Street (Map 18-02-04-11, Tax Lot 4600). As submitted by the owner, the annexation area comprises a single tax lot and contains a single-family dwelling. The purpose of the annexation is to allow connection of the existing house to City sewer and water, and to facilitate future development although no specific development plans have been submitted at this time. The attached Staff Report (Attachment 1) includes an analysis of the annexation request and recommended Council actions. Maps of the annexation area, as subm~tted, are included with the Staff Report (Attachment 2). The annexation area can be served with the minimum level of key urban facilities and services as required in the Eugene-Springfield Metropolitan Area General Plan. Services are immediately available at the property frontage, and for this reason it is the determination of staff that an Annexation Agreement is not required. The west property line of the annexation area is separated from the City limits by an unincorporated, 10-foot wide segment of South 57th Street. To the north and south of the property, the entire street right-of-way for South 57th Street is inside the City limits. It is recommended that this segment of South 57th Street be included in the annexation to eliminate the potential for a remnant portion of unincorporated street right-of-way surrounded by the City limits. The Director's recommendation to the City Council is to (a) modify the annexation area to include the 10-foot wide strip of South 57th Street adjacent to the subject property, (b) approve the annexation of territory, as modified, to the City of Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park 'and Recreation District; and ( c ) withdraw the same modified annexation area from the Willakenzie Rural Fire Protection District. A TT ACHMENTS: Attachment 1: Staff Report and Recommendation Attachment 2: Area, Vicinity and Site Maps Attachment 3: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Owner Consents and Application Exhibit C: Staff Report The City Council is authorized by ORS Chapter 222 and SDC Article 5.7 to accept, process, and act on annexation requests from property owners (Attachment 3, Exhibit B). Without an Emergency Clause, the annexation will become effective the day following the next election cycle (November 5, 2008), consistent with SDC 5.7-155 and ORS 222.040, 222.180, and 222.465. Based on this method of initiation, an election on the.question of annexation is not allowed. DISCUSSIONI FINANCIAL IMPACT: A 10-foot wide portion of existing South 57th Street right-of-way is recommended to be included in the annexation area. The annexation area, as modified, includes one residential unit and is located inside the urban growth boundary (UGB). The current City limits run along three sides of the -site. Annexation is being requested in order to facilitate future development. Lane County Assessor's records attribute a 2007 assessment value of $305,945 to the property. As new development occurs, the assessed value will increase and additional revenue will be added to the City's tax base. . TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: 57th St Prop LLC Annexation Owner(s)/Applicant(s): Chanlin McCown on behalf of 57th St Prop LLC Case Number: C SP 2008 - LRP2008-00001 Proposal Location: East of and adjacent to South 57th Street, and west of Bob Straub Parkway. Municipally addressed as 725 South 57th Street (Assessor's Map 18-02-04-11, Tax Lot 4600). Staff recommended annexation area includes a portion of South 57th Street right-of-way along the property frontage. Existing Zoning: Low Density Residential (LDR) with an Urbanizing Fringe Overlay (UF-I0) Zoning After Annexation: Low Density Residential (LDR) Metro Plan Designation: Low Density Residential Application Submittal Date: April 8, 2008 Associated Applications: ZON2007-00054 (Development Issues Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE NAME And Limbird Jon Driscoll Eric Walter Gilbert Gordon Dave Puent PHONE 726-3784 726-3679 736-1034 726-2293 726-3668 APPLICANT'S DEVELOPMENT REVIEW TEAM POSITION NAME PHONE MAILING ADDRESS Owner Chanlin McCown 912-6118 362 42nd Street 57th St Prop LLC Sorinf.dield OR 97478 Applicant's Representative N/A Consulting Engineer N/A C SP 2008 - LRP2008-0000 1 (57th 8t Prop. LLC) ATTACHMENT 1 - 1 Page 1 of8 Review Process (SDC 5.7-115): The subject annexation application 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 annexation applications. Finding: A Development Issues Meeting (DIM) was held on January 24, 2008 (Case ZON2007- 00054) to explain the new process for annexation effective January 1, 2008, following adoption of the City's Annexation Ordinance now codified in Article 5.7 of the Springfield Development Code (SDC). Conclusion: The requirement in SDC 5.7-120 is met. Annexation Ini~ation and Application Submittal (SDC 5.7-125): The City of Springfield received written consents from the property owners (Donald McCabe, Cheryl McCabe and Chanlin McCown on behalf of 57th St Prop LLC) initiating the annexation consistent with SDC 5.7 -125. As initiated, the annexation area includes one tax lot; staff are recommending inclusion of a portion of South 57th Street right-of-way (Attachment 1). . Finding: The method of initiation meets the requirements <;>f SDC 5.7-125.B.2.b.i and ORS 222.170(1), which requires written consents from more than half of the owners of land in the territory to be annexed, who also own more than half of the land in the contiguous territory and of the real property therein representing more than h~f of the assessed value of all real property in the contiguous territory. Finding: The applicant submitted the necessary annexation application forms. as required in SDC 5.7-125.5 -15 and the application was determined to be a complete filing on April 8, 2008. Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The annexation area, as submitted, includes one tax lot with. an estimated total area of 1.51 acres, and is contiguous with the Springfield City limits on three sides. The west boundary of the subject site is separated from the City limits by a 10-foot wide strip of South 57th Street right-of-way. Staff are recommending inclusion of the 10-footwide strip of right-of-way to ensure that all of this fully improved street is within the City limits. Finding: The owner is not proposing to develop the site at this time. The area requested for annexation is developed with one single-family residence and a barn, and services are provided as follows: police (Oregon State Police, Lane County Sheriff), schools (Springfield School District 19), roads (City of Springfield), and Fire (Willakenzie Rural Fire Protection District contracting with the City of Springfield). There is no established water district within the area, and the property is served by a private well system. Upon annexation, the property owner can request connection to the Springfield Utility Board (SUB) water system. C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 1 - 2 Page 2 of8 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 20, 2008,.wbich is at least 14 days prior to the public hearing date, to the affected property owner( s ) (the annexation areas are public facilities and not in private ownership); owners .and occupants of properties located within 300 feet of the perimeter of the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; (including, but not limited to, Southwest Thurston Association, Washburne Neighborhood Association, East Alton Baker Association, and the Game Farm Neighbors Association); 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 July 7, 2008 public hearing was published in The Register-Guard on June 18, and June 25, 2008. Posted Notice. Notice of the July 7,2008 public hearing was posted in four public places in the City [in two locations in the area of the annexation; at the Springfield City Hall Development Services Division; and on the City of Springfield websiteJ on June 23, . 2008, for two successive weeks prior to the hearing date. Finding: Upon annexation of the subject property to the City the site will retain its Low Density Residential zoning, but the Urbanizable Fringe Overlay District (UF-I0) 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 more than 45 days prior to the public hearing. 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, fmdings, 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 fmds 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 area is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield M~tropolitan Area General Plan (Metro Plan). The UGB is C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTA~HMENT 1 - 3 Page 3 of8 located approximately 2,500 feet southwest of the annexation area. The annexation area is contiguous to the Springfield city limits along the northern, eastern and southern sides. The western boundary is separated from the Springfield City limits by a 10-foot strip of South .57th Street right-of-way, which is part of the modified annexation area. Conclusion: The proposal meets this criterion. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; . Finding: The Metro Plan was acknowledged by the Land Conservation and. Development Commission (LCD C) in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB of the Metro Plan. Territory within the UGB ultimately will be within the City of Springfield. Finding: The Metro Plan recognizes that ultimately, all territory within the UGB will be annexed to an existing city (Policy #10, page ll-C-4; Policy #16, page ll-C-5; and Policy #21, page ll-C- 6). Springfield is the unit of government identified in the Metro Plan to provide urban services to annexed territory. Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts within the UGB will be dissolved (policy #18, page ll-C-6). The continued annexation of properties to the City of Springfield is consistent with the Metro Plan, which will result in the elimination of several special districts within the urbanizable area. Finding: The annexation area is within the Willakenzie Rural Fire Protection District (RFPD). The fire district contracts with the City of Springfield for fIre services within its boundaries. After the public hea.ritlg and if determined by the City Council that withdrawal is in the best interest of the City, the annexation area will be withdrawn from the RFPD consistent with ORS 222.510, 222.520, and 222.525 and the City will provide fIre services directly to the annexed property . Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area will be annexed into the Lane County Metropolitan Wastewater Service District as authorized by an Intergovernmental Agreement (IGA) between the City of Springfield and Lane County. This special district was formed to provide the fmancing for the regional wastewater treatment plant serving wastewater users within the City of Springfield. Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area ~ll be annexed into the Willamalane Park and Recreation District as authorized by an intergovernmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to territory within the City of Springfield. Conclusion: The proposal meets this criterion. C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 1 - 4 Page 4 of8 c. The proposed annexation will result in a bou~dary in which the minimum level of key urban facilities and services as dermed 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 (policies #8 and #10, page II-C-4). Finding: The annexation area will take advantage of urban service delivery systems that are already in place to serve this area. Because the required urban utilities are immediately available to the site in the public street frontage along South 57th Street, the City's Public Works Department determined that. an Annexation Agreement was not required. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: . Water -SUB Water provides water service to developed properties in this area of south Springfield. There is an existing6-inch water line located in South 57th Street. Upon annexation, water service to the existing house and new development within the subject area can be provided by this water line consistent with SUB standards. Electricity - SUB Electric provides service to developed properties in this area of Springfield. Upon annexation, electrical service to the existing house and new development within the subject area can be extended from the existing electrical system. Police Services - Springfield Police Department currently provides service to other properties in this general area already inside the City. After annexation, this area will receive police services on an equal basis with properties inside the City. Infill annexations and development in this area will increase the efficiency of service delivery to this area. Fire and Emergency Services - Fire protection is currently provided to the annexation area by the Willakenzie Rural Fire Protection District. This special district contracts with the City of Springfield for fire services to territory wlthin the district's boundaries. Springfield fITe stations are located near Pheasant Avenue and Hayden Bridge Way, South 47th Street and Main Street, and South 68th Street and Main Street. Concurrent with annexation to the City of Springfield, the annexation area will be withdrawn from the rural fire district in accordance with ORS 222, if the City Council determines that withdrawal is in the best interest of the City. Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, 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. C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 1 - 5 Page 5 of8 Parks and Recreation - Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. Indoor recreation facilities, such as theWillamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center will be available to residents as new development occurs. 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. Bluebelle Park, a 2.5S-acre neighborhood park located at South 50th Place and Bluebelle Way, and Volunteer Park, a 4.4-acre neighborhood park on Holly Street at South 43rd Street, are located in the vicinity. A new neighborhood park also 'has been developed in the Jasper Meadows subdivision on South 57th Street near Mt. Vernon Road. 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, if the City Council determines that annexation to the special district is in the best interest of the City. Schools - Springfield Sc~ool District 19 serves this area. Existing schools-Mt. Vernon elementary, Agnes Stewart middle, and Thurston high-serve this neighborhood and. can accommodate students resulting from new development occurring within the annexation area. Sanitary Sewer - The western portion of the subject property can be served by an existing S-inch public sanitary sewer line in South 57th Street. If further development of the property is proposed in the future, it will be the responsibility of the property owner/developer to review the site for. specific sewer design requirements and verify capacity in the public system. Concurrent with annexation to the City of Springfield, the annexation area will be annexed to the Lane County Metropolitan Wastewater Service District, if the City Council determines that annexation to the special district is in the best interest of the City. Stormwater ~ An existing stormwater management system in located within South 57th Street, and consists of a 12-inch diameter pipe which is adequate to serve the property. Any further. development or redevelopment in the annexation area will require appropriate stormwater management techniques in accordance with City standards. Streets - The subject property fronts South 57th Street on the west and Bob Straub Parkway on the east. There is no provision for direct access from the property onto Bob Straub Parkway. Along the property frontage, South 57th Street is not developed to full urban standards and lacks curb, gutter, sidewalk, street trees and a defmed bike lane. Full street improvements will be required with future development or redevelopment of the property, and will need .to be constructed or bonded prior to approval of a Final Plat or Final Site Plan. Additionally, with future development or redevelopment or the annexation area, a 7- foot wide Public Utility Easement (PUB) will be required along the property frontage to accommodate extension of public utilities to serve the subject area and adjacent properties. As submitted, the annexation a,rea only includes Tax Lot 4600. Staff review of the annexation has determined that a 10-foot wide strip of South 57th Street along the frontage of the subject C SP 200S - LRP200S-00001 (57th St Prop. LLC) ATTACHMENT 1 - 6 Page 60fS property is not within the City limits. Staff propose a modification of the annexation area to include the small segment of public street right-of-way (totaling approximately 0.05 acres) to ensure that all of South 57th Street along the property frontage is within the City limits. ,lbis will also eliminate the potential creation of an unincorporated "island" area for the 10- foot wide by 235-foot long segment of South 57th Street. The City's Public Works Department supports the modified annexation despite not having a fully-improved public street along the property frontage. Solid Waste Management - The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon. annexation, Sanipac will serve this property. 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 future development in this area. Land Use Controls - The annexation area is within Springfield's portion of the urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning. and building jurisdiction for this property. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as defmed on page. V - 3 of the Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. Conclusion: The proposal meets this criterion. D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: Staff have determined that existing utility infrastructure and necessary services are readily available to the annexation area, and therefore no Annexation Agreement was required. An Improvement Agreement for future street improvements will be required and, upon development or redevelopment of the site, the public street frontage must meet the applicable standards of the Springfield Development Code and the City's Engineering Design Standards and Procedures Manual. Conclusion: The proposal meets this criterion. DIRECTOR'S RECOMMENDATION: Modify the annexation area to include a 10-foot wide section of South 57th Street right-of-way along the frontage of Tax Lot 4600; approve the modified annexation of territory to the City of Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and Recreation District, and withdraw the m~dified annexation area from the Willakenzie Rural Fire Protection District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. C <SP 2008 - LRP2008-0000 1 (57th 8t Prop. LLC) ATTACHMENT 1 - 7 Page 7 of8 Finding: Without an Emergency Clause, the annexation will become effective the day following the next election, which is November 5,2008. The applicant's annexation request was submitted to the City in February, 2008. Finding: The City Council held a Public Hearing on July 7, 2008 for the subject annexation . request. Based on the staff analysis and recommendation, and on testimony provided at the Public Hearing, the City Council approved the annexation area (Map 18-02-04-11, Tax Lot 4600 totaling approximately 1.51 acres; and a segment of South 57th Street right-of-way totaling approximately 0.05 acres) per Ordinance No. _, totaling approximately 1.56 acres. Zoning (SDC 5.7-150): The annexation area is designated Low Density Residential in the Metro Plan and is currently zoned LDR/UF -10 (Low Density Residential with Urbanizing Fringe Overlay District). Finding: Upon the effective date of the annexation, the UF -10 overlay is automatically removed and the subject property is zoned consistent with the Metro Plan designation. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City Council on July 7, 2008 with an Emergency Clause, the Ordinance will become effective upon adoption by the City Council and execution by the Mayor. Finding: City Council gave second reading to Ordinance on , 2008. The Ordinance became effective consistent with SDC 5.7-155 and ORS Chapter 222 on 2008. 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 Willakenzie Rural Fire Protection District. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the _Willakenzie Rural Fire Protection District was in the best interest of the City. The withdrawal decision was codified in Ordinance No._ Exhibit: A. Assessor's Map showing strip of road right-of-way recommended for annexation C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 1 - 8 Page 8 of8 Note: Map Not To Scale . 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Vernon Rd I .._------~ i:L .c - ..... 10 U) .~--;~ =1IiI There are no warranties that accompany this product Users assume all responsibility for any loss or damage Lb.. . . arising from any "trot; omission or positional inaocuracy ~ ~ of this product. . D Tax Lots l::J Outside of City Umits C UGB l::J Within City l,.imits o 200 400 I 'Feet ATTACHMENT 2 - 2 Subject Site Q Q Glacier Dr - CIJ .c - ..... In CIJ Ridge Ct There are no warranties that accompany this product Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of thiS product. ATTACHMENT 2 - 3 Springfield, OR ~ ~ ~ II" ~~ ~ ..0 ~ ~ ~ D Tax Lots Outside of City Umits C UGB 1::J VVithin City Limits o 50 100 'Feet ORDINANCE NO AN ORDINANCE MODIFYING AND APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN W ASTEW ATER SERVICE DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND DECLARING AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, a request to annex certain territory was submitted on April 8, 2008, said territory being described as follows: Township 18 South, Range 02 West, Section 04, Map 11, Tax Lot 4600 (also identified as 725 South 57th Street, Springfield), as generally depicted and more particularly described in and on file in City Case Number C SP 2008 - LRP2008-0000 1; and WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7 and ORS Chapter 222 to accept, process, and act on annexations to the City; and WHEREAS, consistent with SDC 5.7-125 and ORS 222.170(1), the written consents from the property owners constituted more than half of the owners of land in the territory to be annexed, who also own more than half of the land in the contiguous territory and of the real property therein representing more than half of the . assessed value of all real property in the contiguous teiritory (Exhibit B); and WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125 and ORS 222.170(1) and based on this method of initiation, an election on the question of annexation is not allowed; and, WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitan Area General Plan (more commonly known as the Metro Plan) urban growth boundary and is contiguous to the City limits [SDC5.7-140.A]; and, WHEREAS, the annexation is consistent with Policy 10, page II-C-4; Policy 16, page II-C-5; and Policy 21, page ll-C-6, in the Metro Plan [SDC 5.7-140.B] 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 as required in Metro Plan Policy 8, page ll-C-4, and where there will be a logical area and .time within which to deliver urban services and facilities [SDC 5.7-140.C]; and, WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to modify the annexation area to include the 10-foot wide segment of South 57th Street immediately adjacent to Tax Lot 4600; and, WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently annex the modified annexation area to the Lane County Metropolitan Wastewater Service District and Willamalane Park and Recreation District, as these special districts were service providers for the City [SDC 5.7- 140.B]; andis consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and, WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently withdraw the modified annexation area from the Willakenzie Rural Fire Protection District, as the .. City would provide frreservices directly to the area after it was annexed to the City [SDC 5.7-140.B]; and, 1 ATTACHMENT 3 - 1 WHEREAS, on July 7, 2008, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and fmdings in support of modifying and approving the annexation requests, and the Willakenzie Rural Fire Protection District's withdrawal. as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance. . WHEREAS, the Springfield Common Council has determined that the applicant's annexation request has been pending since February, 2008, and there is a need to take action to ensure no further delay is incurred. WHEREAS" without an Emergency Clause the effective date of annexation is delayed until the day following the next election cycle, which is November 5, 2008. NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: SECTION 1: The Common Council of the City of Springfield does hereby modify the proposed annexation to include a 10-foot wide segment of South 57th Street adjacent to Township 18 South, Range 02 West, Section 04, Map 11, Tax Lot 4600 (also identified as 725 South 57th Street, Springfield). SECTION 2: The Coinmon CoUncil of the City of Springfield does hereby approve the modified annexation area to the City of Springfield, Lane County Metropolitan Wastewater Service District and Willamalane Park and Recreation District, said territory being described as follows: Township 18 South, Range 02 West, Section 04, Map 11, Tax Lot 4600 (also identified as 725 South 57th Street, Springfield and a 10-foot wide portion of South 57th Street) as generally depicted and more particularly described in Exhibit A of this Ordinance. SECTION 3: The City Manager has signed the fmal Annexation Agreement which memorializes the owner's commitment, agreement, and obligation to meet the City's requirements for provision of the minimum level of key urban services and facilities. SECTION 4: The City Manager shall send copies of this Ordinance as required-by SDC 5.7-155. SECTION 5: It is hereby found and determined that matters relating to the provision of City services are matters affecting the public health, safety, and welfare and that an emergency therefore exists and this Ordinance shall take effect immediately upon adoption by the Council and approval of the Mayor. ADOPTED by the Common Council of the City of Springfield this _ day of July, 2008, by a vote of for and . against. APPROVED by the Mayor of the City of Springfield this day of July, 2008. ATTEST: Mayor City Recorder 2 n~'~f~ ;.~ ~'pnMpr~ !\ "~ t.-"i~n r (ye t. 11 ~ '13 ~ , i1J .,'~ ',- , C;~V~ G:~loj/O r:~~:~=____ (f- F F f C~ t C) ~-~ (':; -:..,! ATTACHMENT 3 - 2 EXHIBIT A Part 1 of2 t N '\ ~ .... 'J )> CD -I ~ -I )> .... (") UJ ::I: .c: s:: " ..... m ~ "" Z II) -I ~ .J: CI.) .... :::s J 0 CI.) UJ!oi ,~, " . ~J " ~~l ~ ~ ~: ~I ~ 1 ~~ ~ Bob Straub Parkway I' rn >< ::I: - to - Note: Map Not To Scale -I )> I ""C ~ EXHIBIT A - P2 EXHIBIT A Part 2 of2 LEGAL DESCRIPTION Beg at a pt in the cent of Co Rd No. 452 (aka South 57th Street), sd POB being on the W Ii DLC No. 61 r18S R02W WM 1,580.00 ft N of the SW cor thereof; th due E 20.0q ft to an iron pipe on the edge of the Co Rd r/w; th due E 374.40 ft to an iron pipe; th N35035'W 298.00 ft to an iron pipe; th due W 206.90 ft to an iron pipe on the edge of Co Rd r/w; th due W 20.00 ft to the c/li of Co Rd No. 452; th due S alg the c/li of sd Co Rd and the W Ii ofDLC No. 61 235.00 ft to the POB,in Lane County, Oregon. . ATTACHMENT 3 - 4 -- EXHIBIT B EXHIBIT B - P1 City of Springfield Development Services Department 22-5 Fifth Street Springfield, OR 97477 Annexation Application Type IV Required Project Information (Applicant: Complete This Section) Applicant Name: C~d./I~'", Company: Address: 3' ~ Applicant Signature: Phone: Fax: 97(,/ 7r- sy/ v2-C//8 ~'-YI . rPF- 9681 Property Owner: Company: Address: Own.er Signature: Phone: Fax: -k-~? e..-: 51 "*:~ Sf.? ~ ASSESSOR'S MAP NO: I;::' -o:?- -0 V -I/. .. Property Address: 72-fS' -.>-7 :1'-' S,J... Area of Re uest S uare Feet: ...,j-"2 001' Acres: Existing Use(s) of Property: Proposed Use of Property: ~~~~ ;I-,'~ Case No.: LRP ZoOf, -0000' Iication Fee:151 51. (., '2- Date: Reviewed By: A?fl-J L a /Z4)O~ (initials) Total Fee: $5 bb g. 20 ATTACHMENT 3 - 5 DatE! t't~Yed: tt4'&""; Pf8ft_~ AL ~ I Application #: C SP 2008 - For City Use Only. FORM 1 PETITION/PETITION SIGNATURE SHEET Annexation by Individuals We, the following property own"ers/electors, consent to the annexation of the following territory to the City of Springfield: Signature . Print Name Map and Tax Lot Number (example: 17-04-03-00-00100) 0/ Land Owner 0/ Reg Acres Voter (qty) y&;" eJO ~~/ 'i I, "~e: With the above signature(s), I am attesting that I have the authority to consent to annexation on my own behalf or on behalf of my firm or agency. (Attach evidence of such authorization when applicable.) I I~ ~ (printed name of circulator)~ hereby certify that every person who signed this sheet did so In my presence. d~ ~ (A;911~tyre of circulator) x I' CERTIFICATION OF OWNERSHIP The total landowners in the proposed annexation are ;J (qty). This petition reflects that 23 (qty) landowners (or legal representatives) listed on this petition represent a total of ,r,O (%) of the landowners and If) 0(%) of the acres as determined by the map and tax lots attached to the petition. A& T is not responsible for subsequent deed activity that may not yet be reflected on the A& T computerized tax roll. ~~~ Lane County Department of Assessment and Taxation 1-//-0g Date Signed and Certified m >< ::I: - to - CERTIFICATION OF ELECTORS The total active registered voters in the proposed annexation are ...3 I hereby certify that this petition includes ...3 valid signatures repr~senting /()(J (%)of the total active registered voters that are registered in the proposed annexation. Dat$ ReCeived: -/ f.1<"" . Planner: AL / -I to Lane County Clerk or Deputy Date Signed and Certified ""C ~ -- EXHIBIT B - P3 EL r - 45047 Page 1 of 1 Legal Description Beginning at a point in the center of County Road No. 452, said Point of Beginning being on the West line of Donation Land Claim No. 61, rownship 18 South, Range 2 West of the Willamette Meridian, and 1580.0 feet North of the Southwest comer thereof; thence due East 20.0 feet to an iron pipe on the edge of the County Road right-of-way; thence due East 374.4 J feet to an iron pipe; thence North 350 35' West 289.0Jfeet to an iron pipe; thence due West 206.9)feet to an iron pipe on the edge of the County Road right-of-way; thence due West 20.0/' feet-to the centerline ofCo~ty Road No: 452; thence .due South along'~e centerline.ofsaid County Road and the West lme of Donation Land Cbum No. 61,235.0 feet to the Pomt of Beginning, in Lane County, Oregon; . EXCEPr that portion described in Deed to Lane County, a political subdivision of the State of Oregon, Recorded June 9, 1966, Re~eption No. 50258, Lane County Oregon Records. ALSO EXCEPTING THEREFROM that portion conveyed to Lane County, by instrument Recorded July 31, 2000, Reception No. 2000-043640, Lane County Oregon Records. Dat~ Received: )I~/:zD'6' Planner: AL ATTACHMENT 3 - 7 '\ -- EXHIBIT B - P4 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: ~"h-;' '~be- E-mail: t:::.k"h;"t5(/"~/-~?rQ .,~e~. Supply the following information regarding the annexation area. · Estimated Population (at present): · Number of Existing Residential Units: · Other Uses: . \ ""'/)4 · Land Area : . /, 1/ t.51 total acres · Existing Plan Designation(s): 5:,,,k- · Existing Zoning(s): e", J'''/' · Existing Land Use(s): · Applicable Comprehensive Plan(s): · Applicable Refinement Plan(s): · Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. . ~~ ~/{;c.A"t!'~fr. ey / · Are there development plans associated ~ith this proposed annexation? Yes No .P\ If yes, describe. · Is the proposed use or development I'a~owed on the property under the current. plan designation and zoning? ",./ /..1- Yes No 2/15/08 Dat~ Received:. :~P"".1 Planner: AL ATTACHMENT 3 - 8 Page 9 of 15 -- EXHIBIT B - P5 · Does this application include all contiguous property under the same ownership'? Yes f)( , 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: [J wi tlciJyr---~ p~ i 0<-/ f)t~ o Glenwood Water District 0 Rainbow Water.and Fire District o Eugene School District 0 Pleasant Hill School District ~ Springfield School D.istrict 0 McKenzie Fire & Rescue '0 Pleasant Hill RFPD }( Willakenzie RFPD o EPUD ~ SUB.- 81 Other S;-":,feltl Fire I- /"'k.J;;~? -No · Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), su~h as an agent or legal representative. . C:P"t-" ~~ pe ~am~ (Nam~ .:26',2. ~ VJ~ S~ (Address) (Address) {t7/}~ 0'1" <;'?Y'?t9 (C ) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) 2/15/08 Date ReceiVed: 1~/t""J Planner: AL ATTACHMENT 3 - 9 Page 10 of 15 -- E~tf~~P8 B - P 6 I'J ~ r,..... --\.. < 'J-e .. . 'l~<'~ ~~~~.-~ -4--~_-\ ~< ~.~~. ~ "-~ Q -L: +~e C\.~. 1(. <;"',<:'rl~h.e((J ~~^~~e _ C~ ~ l tc. W:~~,' "" -\-L~ s~.-'~ t=::~ c..9 u... L~ C;::...-v~f.. l60 Co<., .... 0 ~~ I ':[- ... " ~ A I ~ ---do -lv.- (~ c:; ........ r.,-- 0 <-<.....,Q e c9 b ~ ~:~ ~ no f~'-+-~<!..s , A ( \ ~ ...; ( c. ~ ~ AA.R C I..A. r r-e ..., --\- ':j .: " ~ k~ , '-t-la? ... --€- lA.. \. I L-e h-o 1=-(' S C""'1- ( \. ~('.", ~ t s l"l.-~ . A-r e... "'0: f -- rp '" -+ A " ~ ~ ,r -l-. ( '",",-e , Lv ~ lu ~ ( .9 1 J:::.-f ~ "'- e 7".-~ -h ~ ~ ~-\ LJ~ . ~ t~:;(..Q(! C- (' ~ -b~y- (" O~(O ~, ~f~U-( ~ 4../'R..A 4-0~~ -t~ \^"-rrf1V~ ~ b ll..a..v-~ ~~f'~ \. ~Q' ~ .~.e. "v-.. ~ ~ DC7\-<..JQ l.lk. c(~ Date Received: ~~hl1Cl Planner: AL ATTACHMENT 3 - 10 EXHIBIT B - P7 FORM 2 OWNERS AND ELE:CTORS WORKSHEET (This form is NOT the. petition) (Please include the name and address of ALL owners and electors regardless of whether they signed an annexation petition or not. This information will assist in determining the appropriate initiating method and for notification purposes.) OWNERS Property Designation Assessed Imp. . Signed Signed (Map/lot number) Name of Owner Acres Value .Y / N Yes No /8<J z.~ d'-!-II "" ~/6a:; Vk-t~ d~k. /.3/ /Cs: ()~O ",-- ,1 .Po"'~ I eL ",?/~.6~ i ..J ./ -. ~ If Ic~- - . Hdl;.lJe /..j/ ." ..-- ", . . . TOTALS : /-:1 / /6~ oaJ J ATTACHMENT 3 - 11 Date) Received: /I.J<<>I' Planner: AL EXHIBIT B - P8 FORM 2 (continued) ELECTORS Name of Elector Signed Signed (Please print or type) Address of Elector Yes No TOTALS : 2/15/08 Date Received; .. rr~1 Planner: AL ATTACHMENT 3 - 12 P~ge 7 of 15 -- EXHIBIT B - P9 FORM 2 (continued) SUMMARY TOTAL NUMBER OF ELECTORS IN THE PROPOSAL NUMBER OF ELECTORS WHO SIGNED PERCENTAGE OF ELECTORS WHO SIGNED TOTAL ACREAGE IN PROPOSAL /..3/ ACREAGE SIGNED FOR 1,';/ PERCENTAGE OF ACREAGE SIGNED FOR /00% Application initiated by (for an explanation of the initiating methods, refer to pages 2 and 3 of this packet): o A - All Owners/Majority Electors [ORS 222.125] ... liB -Majority Owners/AreaIValue [ORS 222.170(1)] tJ'C - Majority Electors/Area [ORS 222.170(2)] 2/15/08 Date ReceiVed: (rDdI Planner: AL ATTACHMENT 3 - 13 Page 8 of 15 EXHIBIT C - P1 TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: 57th St Prop LLC Annexation Owner(s)/Applicant(s): Chanlin McCown on behalf of 57th St Prop LLC Case Number: C SP 2008 - LRP2008-00001 Proposal Locatio'n: East of and adjacent to South 57th Street, and west of Bob Straub Parkway. Municipally addressed as 725 South 57th Street (Assessor's Map 18-02-04-11, rax Lot 4600). Staff recommended annexation area includes a portion of South 57th Street right-of-way along the property frontage. Existing Zoning: Low Density Residential (LDR) with an Urbanizing Fringe Overlay (UF -10) Zoning ~ter Annexation: Low Density Residential (LpR) Metro Plan Designation: Low Density Residential Application Submittal Date: April 8, 2008 Associated Applications: ZON2007-00054 (Development Issue~ Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE NAME And Limbird Jon Driscoll Eric Walter Gilbert Gordon Dave Puent PHONE 726~ 3784 726~3679 736-1034 726-2293 726-3668 APPLICANT'S DEVELOPMENT REVIEW TEAM POSITION NAME PHONE MAILING ADDRESS Owner Chanlin McCown 912-6118 362 42nd Street 57th St Prop LLC Springfield OR 97478 AppIicant's Representative N/A Consulting Engineer N/A C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 3 -14 Page 1 of8 -- EXHIBIT C - P2 Review Process (SDC 5.7-115): The subject annexation application is being reviewed under rype IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) IS required of all annexation applications. Finding: A Development Issues Meeting (DIM) was held on January 24,2008 (Case ZON2007- 00054) to explain the new process for annexation effective January 1, 2008, following adoption of the City's Annexation Ordinance now codified in Article 5.7 of the Springfield Development Code (SDC). Conclusion: The requirement in SDC 5.7-120 is met. Annexation Ini~ation and Application Submittal (~DC 5.7-125): The City of Springfield received written consents from the property owners (Donald McCabe, Cheryl McCabe and Chanlin McCoWn on behalf of 57th St Prop LLC) initiating the annexation consistent with SDC 5.7-125. As initiated, the annexation area includes one tax lot; staff are recommending inclusion of a portion of South 57th Street right-of-way (Attachment 1). . Finding: The method of initiation meets the requirements of SDC 5.7-125.B.2.b.i and ORS 222.170(1), which requires written consents from more than half of the owners of land in the territory to be annexed, who also own more than half of the land in the contiguous territory and of the real property therein representing more than half of the assessed value of all real property in the contiguous territory. Finding: The applicant submitted the necessary annexation application forms as required in SDC 5.7-125.5 -15 and the appIication was determined to be a complete filing on April 8, 2008. Conclusion: The appIication requirements in SDC 5.7.;.125 have been met. Site Information: The annexation area, as submitted, includes one tax lot with an estimated total area of 1.51 acres, and is contiguous with the Springfield City limits on three sides. The west boundary of the subject site is separated from the City limits by a 10-foot wide strip of South 57th Street right-of-way. Staff are recommending inclusion of the 10-foot wide strip of right-of-way to ensure that all of this fully improved street is within the City limits. . . Finding: The owner is not proposing to develop the site at this time. The area requested for annexation is developed with one single-family residence and a barn, and services are provided as follows: police (Oregon State PoIice, Lane County Sheriff), schools (Springfield School District 19), roads (City of Springfield), and Fire (Willakenzie Rural Fire Protection District contracting with the City of Springfield). There is no estabIished water district within the area, and the property is served by a private well system. Upon annexation, the property owner can request connection to the Springfield Utility Board (SUB) water system~ C SP 2008 - LRP2008-0000 1 (57th St Prop. llC) ATTACHMENT 3 - 15 Page 2 of8 EXHIBIT C - P3 Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-130, notice was provided as follows: Mailed Notice. Notice of the annexation appIication was mailed June 20,2008, which is at least 14 days prior to the .pubIic hearing date, to the affected property owner(s) (the annexation areas are pubIic facilities and not in private ownership); owners . and occupants of properties located within 300 feet of the perimeter of.the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; (including, but not limited to, Southwest Thurston Association, Washburne Neighborhood Association, East Alton Baker Association, 'and the Game Farm Neighbors Association); affected special 4istricts 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 July 7, 2008 public hearing was pubIished in The Register-Guard on June 18, and June 25, 2008. Posted Notice. Notice of the July 7,2008 public hearing was posted in four pubIic places in the City [in two locations in the area of the annexation; at the Springfield City Hall Development Services Division; and on the City of Springtield web site] on June 23, 2008, for two successive weeks prior to the hearing date. Finding: Upon annexation of the subject property to the City the site will retain its Low Density Residential zoning, but the Urbanizable Fringe Overlay District (UF-I0) 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 more than 45 days prior to the public hearing. 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 area is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield MetropoIitan Area General Plan (Metro Plan). The UGB is C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 3 -16 Page 3 of8 -- EXHIBIT C - P4 located approximately 2,500 feet southwest. of the annexation area. The annexation area is contiguous to the Springfield city limits along the northern, eastern and southern sides. The western boundary is separated from the Springfield City limits by a 10- foot strip of South 57th Street right-of-way, which is part of the modified annexation area. Conclusion: The proposal meets this criterion. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refmement 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 UGB ultimately will be within the City of Springfield. Finding: The Metro Plan recognizes that ultimately, all territory within the UGB will be annexed to an existing city (poIicy #10, page ll-C-4; PoIicy #16, page ll-C-5; and Policy #21, page ll-C- 6). Springfield is the unit of government identified in the Metro Plan to provide urban services to annexed territory. Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts within the UGB will be dissolved (poIicy #18, page ll-C-6). The continued annexation of properties to the City of Springfield is consistent with the Metro Plan, which will result in the elimination of several special districts within the urbanizable area. Finding: The annexation area is within the Willakenzie Rural Fire Protection District (RFPD). The fire district contracts with the City of Springfield for fire services within its boundaries. After the public heariJ:lg and if determined by the City Council that withdrawal is in the best interest of the City, the annexation area will be withdrawn from the RFPD consistent with ORS 222.510, 222.520, and 222.525 and the City will provide fire services directly to the annexed property . Finding: After the public hearing and if detenDined by the City Council that annexation is hi the best interest of the City, the annexation area will be annexed into the Lane County Metropolitan Wastewater Service District as authorized by an Intergovernmental Agreement (IGA) between the City of Springfield and'Lane County. This special district was formed to provide the financing for the regional wastew~ter treatment plant serving wastewater users within the City of Springfield. . Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, 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 Cqunty. The park district provides park and recreation facilities and services to territory within the City of Springfield. . Conclusion: The proposal meets this criterion. C SP 2008 - LRP2008-000Q 1 (57th St Prop. LLC) ATTACHMENT 3 - 17 Page 4 of8 EXHIBIT C - P5 c. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as dermed 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 faciIities and services to urbanizable areas (poIicies #8 and #10, page ll-C-4).' Finding: The annexation area will take advantage of urban service delivery systems that are already in place to serve this area. Because the required urban utilities are immediately available to the site in the public street frontage along South 57th Street, the City's PubIic Works Department determined that an Annexation Agreement was not required. In addition to urban utilities, the following faciIitles and services are either available or can be extended to this annexation ar~a: Water -SUB Water provides water service to developed properties in this area of south Springfield. There is an existing 6-inch water line located in South 57th Street. Upon annexation, water service to the existing house and new development within the subj ect area can be provided by this water line consistent with SUB standards. Electricity - SUB Electric provides service to developed properties in this area of Springfield. Upon annexation, electrical service to the existing house and new development within the subject area can be extended from the existing electrical system. Police Services - Springfield Police Department currently provides service to other properties in this general area already inside the City. After annexation, this area will receive poIice services on an equal basis with properties inside the City.. Infill annexations and development in this area will increase the efficiency of service delivery to this area. Fire and Emergency Services - Fire protection is currently provided to the annexation area by the WilIakenzie Rural Fire Protection District. This special district contracts with the City of . Springfield for fire services to territory within the district's boundaries. Springfield fire stations are located near Pheasant Avenue and Hayden Bridge Way, South 47th Street and Main Street, 'th and South 68 Street and Main Street. Concurrent with annexation to the City of Springfield, the annexation area will be withdrawn from the 'rural fire district in accordance with ORS 222, if the City' Council determines that . withdrawal is in the best interest of the City. Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, 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. C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 3 - 18 Page 5 of8 EXHIBIT C ~ P6 Parks and Recreation - Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. Indoor recreation faciIities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center will be available to residents as new development occurs. 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. Bluebelle Park, a 2.58-acre neighborhood park located at South 50th Place and Bluebelle Way, and Volunteer Park, a 4.4-acre neighborhood park on Holly Street at South 43rd Street, are located in the vicinity. A new neighborhood park also has been developed in the Jasper Meadows subdivision on South 57th Street near Mt. Vernon Road. Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park and Recreation District consistent with City poIicy, if the City Council determines that annexation to the special district is in the best interest of the City. Schools - Springfield School District 19 serves this area. Existing schools-Mt. Vernon elementary, Agnes Stewart middle, and Thurston high-serve this neighborhood and can accommodate students resulting from new development occurring within the annexation area. Sanitary Sewer - The western portion of the subject property can be served by an existing 8-inch .public sanitary sewer line in South 57th Street. If further development of the property is proposed in the future, it will be the responsibiIity of the property owner/developer to review the site for specific sewer design requirements and verify capacity in the pubIic system. Concurrent with annexation to the City of Springfield, the annexation area will be annexed to the Lane County Metropolitan Wastewater Service District, if the City Council determines that annexation to the special district is in the best interest of the City. Stormwater - An existing stormwater management system in located within South 57th Street, and consists of a 12-inch diameter pipe which is adequate to serve the property. Any further development or redevelopment in the annexation area will require appropriate stormwater management techniques in accordance with City standards. Streets -The subject property fronts South 57th Street on the west and Bob Straub Parkway on the east. There is no provision for direct access from the property onto Bob Straub Parkway. Along the property frontage, South 57th Street is not developed to full urban standards and lacks curb, gutter, sidewalk, street trees and a defined bike lane. Full street improvements will be required with future development or redevelopment of the property, and will need to be constructed or bonded prior to approval of a Final Plat or Final Site Plan. Additionally, with future development or redevelopment or the annexation area, a 7 -foot wide PubIic UtiIity Easement (PUB) will be required along the property frontage to accommodate extension of public utilities to serve the subject area and adjacent properties. As submitted, the annexation area only includes rax Lot 4600. Staff review of the annexation has determined that a 10-foot wide strip of South 57th Street along the frontage of the subject' C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 3 - 19 Page 6 of8 EXHIBIT C - P7 property is not within the City lim.i~. Staff propose a modification of the annexation area to include the small segment of pubIic street right-of-way (totaling approximately 0.05 acres) to ensure that all of South 57th Street along the property frontage is within the City limits. This will also eliminate the potential creation of an unincorporated "island" area for the 10- foot wide by 235-foot long segment of South 57th Street. The City's PubIic 'Works Department supports the modified annexation despite not having a fully-improved public street along the property frontage. Solid Waste Management - The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon. annexation, Sanipac will serve this property. Communication FaciIities - 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 future development in this area. Land Use Controls - The annexation area is within Springfield's portion of the urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for this property. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as defined on page V - 3 of the Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. Conclusion: The proposal meets this criterion. D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: Stirlf have determined that existing utility infrastructure and necessary services are readily available to the annexation .area, and therefore no Annexation Agreement was required. An Improvement Agreement for future street improvements will be required and, upon development or redevelopment of the site, the public street frontage must meet the applicable standards of the Springfield Development Code and the City's Engineering Design Standards and Procedures Manual. ' Conclusion: The proposal meets this criterion. DIRECTOR'S RECOMMENDATION: Modify the annexation area to include a 10-foot wide section of South 57th Street right-of-way along the frontage of Tax Lot 4600; approve the modified annexation of territory to the City of Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and Recreation District, and withdraw the modified annexation area from the Willakenzie Rural Fire Protection District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. C SP 2008 - LRP2008-0000 1 (5th St Prop. LLC) ATTACHMENT 3 - 20 Page 7 of8 EXHIBIT C - P8 Finding: . Without an Emergency Clause, the annexation will become effective the day following the next election, which is November 5,2008. The applicant's annexation request was submitted to the City in February, 2008. Finding: The City Council held a PubIic Hearing on July 7, 2008 for the subject annexation request. Based on the staff analysis and recommendation, and on testimony provided at the PubIicHearing, the City Council approved the annexation area (Map 18-02-04-11, Tax Lot 4600 totaling approximately 1.51 acres; and a segment of South 57th Street right-of-way totaling approximately 0.05 acres) per Ordinance No. , totaling approxim':ltely 1.56 acres. Zoning (SDC 5.7-150): The annexation area is designated Low Density Residential in the Metro Plan and is currently zoned LDR/UF-I0 (Low Density Residential. with Urbanizing Fringe Overlay District). Finding: Upon the effective date of the annexation, the UF -10 overlay is automatically removed and the subject property is zoned consistent with the Metro Plan designation. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved' by the City Council on July 7, '2008 with an Emergency Clause, the Ordinance will become effective upon adoption by the City Council and execution by the Mayor. Finding: City Council gave second reading to Ordinance on , 2008. The Ordinance became effective consistent with SDC 5.7-155 and ORS Chapter 222 on 2008. 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 Willakenzie Rural Fire Protection District. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie RUral Fire Protection District was in the best interest of the City. The withdrawal decision was codified in Ordinance No._ Exhibit: A. Assessor's Map showing strip of road right-of-way recommended for annexation C SP 2008 - LRP2008-0000 1 (57th St Prop. LLC) ATTACHMENT 3 - 21 Page 8 of8