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HomeMy WebLinkAboutItem 04 Deadmond Ferry Road Annexation RequestAGENDA ITEM SUMMARY Meeting Date: 9/4/2018 Meeting Type: Regular Meeting Staff Contact/Dept.: Mark Rust, DPW Staff Phone No: 541/726-3654 Estimated Time: 15 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX ONE PARCEL COMPRISING 1 ACRE LOCATED AT 273 DEADMOND FERRY ROAD ACTION REQUESTED: Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT (FIRST READING) ISSUE STATEMENT: Moktar Alhemyare has submitted a request for annexation to the City of Springfield for a parcel located at 273 Deadmond Ferry Road (Assessor’s Map 17-03-15-40, Tax Lots 1700). The subject site abuts the City limits on three sides and a full suite of urban utilities are currently available along the public street frontage on Deadmond Ferry Road. ATTACHMENTS: Attachment 1: Staff Report and Recommendations Attachment 2: Area, Vicinity and Site Maps Attachment 3: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application Exhibit C: *Staff Report and Recommendations (*Added to Adopted Ordinance) DISCUSSION/ FINANCIAL IMPACT: ORS Chapter 222 and SDC Article 5.7-100 authorizes the City Council to act on annexation requests. In accordance with SDC 5.7-155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State – whichever date is later. The subject site is contiguous with the City limits on three sides and it comprises approximately 1 acre. Staff advises that a full range of existing urban services and utilities are available along the property frontage on Deadmond Ferry Road. Therefore, an Annexation Agreement is not warranted for this annexation request. Based on prior discussions with the applicants, staff understands that annexation of the property is requested to facilitate future redevelopment of the property. The staff report confirms the annexation request meets the criteria in SDC 5.7-100. The subject property has a zoning and comprehensive plan designation of Low Density Residential (LDR) with Urbanizable Fringe Overlay District (UF-10). At present, the parcel contains a single family home. Future development would be subject to the provisions of the City’s Development Code for the LDR District, Section 3.2-200. Staff recommends that the City Council conduct a public hearing and first reading of the Ordinance to annex the subject territory to the City of Springfield and to the Willamalane Park and Recreation District; and to withdraw the same territory from the Rainbow Water District. If given first reading at the regular meeting on September 4, 2018, the Annexation Ordinance would be scheduled for second reading and potential adoption at the upcoming City Council meeting on September 17, 2018. TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Moktar Alhemyare Annexation Applicants: Moktar Alhemyare Case Number: 811-18-000081-TYP4 Proposal Location: 273 Deadmond Ferry Road (Map 17-03-15-40, TL 1700) Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10) Plan Designation: LDR Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan, Gateway Refinement Plan Application Submittal Date: March 15, 2018 Associated Applications: 811-17-000030-PRE (Development Issues Meeting); 811-18-000061-PRE (Pre-Submittal Meeting for Annexation) CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Mark Rust 541-726-3654 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Kyle Greene 541-726-5750 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 APPLICANT’S DEVELOPMENT REVIEW TEAM POSITION NAME PHONE MAILING ADDRESS Applicant Motkar Alhemyare P.O. Box 11713 Eugene OR 97440 Applicant’s Representative Maureen Jackson Metro Planning, Inc. 541-302-9830 370 Q Street Springfield OR 97477 Deadmond Ferry Rd W Centennial Blvd Proposed Annexation Area Attachment 1, Page 1 of 7 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications. Finding: A Development Issues Meeting for the subject annexation request was held on March 20, 2018. Conclusion: The requirement of SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1), an annexation application may be initiated by “more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land”. Finding: The property owner of the subject property own all of the land and real property, and full assessed value of real property in the proposed annexation territory and have filed the application and petition requesting annexation to the City of Springfield (Attachment 3, Exhibit B). Conclusion: The application requirements of SDC 5.7-125 is met. Site Information: The territory requested for annexation is comprised of one parcel on the south side of Deadmond Ferry Road east of the intersection with Game Farm Road. The property is addressed as 273 Deadmond Ferry Road and the parcel contains an existing single family home. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along three sides: the north, west, and east sides. The requested annexation territory comprises one acre and zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. The intent of the annexation request is to facilitate future redevelopment of the property. The full range of City utilities including sanitary sewer service are available along the property frontage on Deadmond Ferry Road. Because urban utilities, services, and infrastructure are already installed and available, an Annexation Agreement is not required for this annexation request. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Eugene 4J School District), roads (City of Springfield), Fire (Eugene/Springfield under contract with Rainbow Water District), water service (Rainbow Water District), electrical service (Springfield Utility Board (SUB)). 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 August 20, 2018, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. Newspaper Notice. Notice of the September 4, 2018 public hearing was published in The Register- Guard on August 21 and 28, 2018. Posted Notice. Notice of the September 4, 2018 public hearing was posted in four public places in the City: along the property frontage on Deadmond Ferry Road; at Springfield City Hall; on the electronic display in the foyer of the Development and Public Works office; and on the City of Springfield Attachment 1, Page 2 of 7 website. Finding: Upon annexation of the subject territory to the City the Low Density Residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on May 29, 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 City of Springfield urban growth boundary (UGB). The area requested for annexation abuts the Springfield city limits along three sides. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB and within the area covered by the Metro Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding: The territory requested for annexation is entirely within the City’s acknowledged UGB. Finding: The territory requested for annexation is zoned and designated Low Density Residential (LDR) in accordance with the Springfield Zoning Map and the adopted Gateway Refinement Plan diagram. There are no proposed changes to the current zoning or plan designation, except automatic removal of the UF-10 Overlay by operation of SDC 5.7-150.A. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan Urbanization Element as Springfield’s comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan’s long-standing urbanization policy criteria for approving annexations. The Urbanization Element is effective but has yet to be acknowledged. Finding: Under OAR 660-014-0070, “all appropriate goals must be applied during annexation by the city” of lands not subject to an acknowledged comprehensive plan. Goal 14 is appropriate to apply to this annexation because the Urbanization Element is unacknowledged. No other Statewide Planning Goals are directly applicable to this annexation, because acknowledged provisions of the Springfield 2030 Comprehensive Plan or Attachment 1, Page 3 of 7 Metro Plan implement all other relevant goals. Because the subject property is within the acknowledged urban growth boundary, the provisions of Goal 14 regarding establishment of the urban growth boundary and land need are not applicable to this annexation. Finding: Goal 14, OAR 660-015-0000(14) “Urbanizable Land” states, “Land within urban growth boundaries shall be considered available for urban development consistent with plans for the provision of urban facilities and services.” The proposed annexation complies with Goal 14 because key urban facilities and services can be provided in an orderly, efficient and timely manner as explained further under Criterion C below. Finding: The continued annexation of properties and public street rights-of-way to the City of Springfield is consistent with the Springfield 2030 Comprehensive Plan and Metro Plan policies, which will result in the elimination of special districts within the urbanizable area. The Metro Plan Public Facilities and Services Element (Chapter III-G) recognizes that as annexations to the City occur, the special district service areas will diminish incrementally and eventually will be dissolved. Finding: The territory requested for annexation is within the service area of Rainbow Water District. Rainbow Water District has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of northwest Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water District consistent with ORS 222.510, 222.520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene & Springfield will provide fire protection service directly to the annexation area. Finding: After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized by an intergovernmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to territory within the City of Springfield. The subject annexation area is currently zoned and designated for single family residential development. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding: The Springfield 2030 Comprehensive Plan recognizes annexation as the highest priority for extending the minimum level of key urban facilities and services to urbanizable areas. Key urban facilities and services are those services and facilities that are necessary to serve planned urban uses and densities in accordance with applicable Statewide Planning Goals, statutes and administrative rules, including wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a district-wide basis. Finding: The territory requested for annexation is contiguous with the City limits and is part of a remnant unincorporated island within a larger area of incorporated territory. The subject site will take advantage of urban service delivery systems that are already in place along the public street frontage on Deadmond Ferry Road. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water – The Springfield Utility Board operates the public water utility system adjacent to the property requested for annexation. Upon annexation, the subject property would be served by the City by and through the Springfield Utility Board. There is an existing public water line in Deadmond Ferry Road that would continue to provide water service to the property. Attachment 1, Page 4 of 7 Electricity – SUB Electric provides service to developed properties in this area of northwest Springfield, including the subject site. Existing electrical system infrastructure within the adjacent public right-of-way will be maintained by the affected utility providers. Police Services – Springfield Police Department currently provides service to areas of northwest Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with Rainbow Water District. Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other’s jurisdictions. Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. The park district operates several indoor recreation facilities, such as the 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. The subject property is within the Eugene 4J school district and will remain in that district. Based on the current zoning and comprehensive plan designation for the property, it is expected that the annexation territory could generate permanent residents and/or school-age population in the future. Wastewater – The annexation territory is not currently served by sanitary sewer, but there is an existing public sewer line along the property frontage on Deadmond Ferry Road. A sanitary sewer lateral has been stubbed into the property frontage. However, annexation of the property will be required before sanitary sewer service can be provided to the site. Stormwater – The subject annexation territory is served by a piped stormwater management system in Deadmond Ferry Road. Extension of the public stormwater system will be necessary at the time of subdivision and development. Transportation – The subject annexation area has frontage on Deadmond Ferry Road along the northern boundary. Along the site frontage, Deadmond Ferry Road is developed as an urban major collector street with curb, gutter and sidewalk, a striped vehicle and bicycle lane in each direction, and a bi-directional center turning lane. Deadmond Ferry Road also has street lighting and a discontinuous row of street trees. Construction of new or existing street frontage improvements along Deadmond Ferry Road will be reviewed and approved as a part of the site development or redevelopment process. Attachment 1, Page 5 of 7 Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service can be provided by Sanipac. Communication Facilities – Various providers offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls – The annexation area is within Springfield’s urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. Conclusion: The proposal meets and complies with criterion C, Subsection 5.7-140. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The subject property is already partially developed with single family homes and a full range of urban utilities and services are currently available along the public street frontage. Therefore, an Annexation Agreement is not warranted for this annexation request. Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140. DIRECTOR’S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7-140, and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District; and withdrawal of the subject territory from the Rainbow Water District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On September 4, 2018, the City Council will hold a Public Hearing for the subject annexation request and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential in accordance with the Springfield Zoning Map and the adopted Gateway Refinement Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the site will retain the underlying Low Density Residential (LDR) zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted first reading by the City Council on September 4, 2018 and adopted after a second reading on or around September 17, 2018, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around October 17, 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 Attachment 1, Page 6 of 7 the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150. Finding: The annexation area is within the delineated service territory of SUB (electric) and the Rainbow Water District (water service and fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the Springfield Utility Board will provide water and continue to provide electric service after annexation. Consistent with SDC 5.7-160, notice was provided and a public hearing was held. If the annexation is approved, the annexation area will be concurrently withdrawn from the Rainbow Water District in the best interest of the City. Attachment 1, Page 7 of 7 Attachment 2, Page 1 of 4 Attachment 2, Page 2 of 4 Attachment 2, Page 3 of 4 Attachment 2, Page 4 of 4 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY (PROPERTY KNOWN AS273 DEADMOND FERRY ROAD) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and ORS Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory according to ORS 222.170 was submitted by the property owners on May 15, 2018, said territory being a parcel located at 273 Deadmond Ferry Road, identified as Tax Lot 1700 on Lane County Assessor’s Map 17-03-15-40, generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7-125.A and ORS 222.111, the property owners initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; WHEREAS, the annexation was initiated in accordance with SDC 5.7-125.A and ORS 222 and has been set for public hearing; WHEREAS, the territory proposed for annexation is within the Eugene-Springfield Metropolitan General Plan (more commonly known as the Metro Plan) and the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits (SDC 5.7-140.A); WHEREAS, the annexation is consistent with the Springfield 2030 Comprehensive Plan Urbanization Element Policy 29 requiring annexation to the City of Springfield as a prerequisite for urban development and the delivery of urban services; WHEREAS, the full range of urban facilities and services are currently available from service providers within the Urban Growth Boundary as required by Statewide Planning Goal 14 and the Springfield 2030 Comprehensive Plan Urbanization Element Policies 30 through 36; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director’s recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7-140.B), and to withdraw the subject territory from the Rainbow Water District as the City of Springfield by and through the Springfield Utility Board would provide water service directly to the area after it was annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on September 4, 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 Attachment 3, Page 1 of 21 in the matter of adopting this Ordinance. NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Rainbow Water District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The withdrawal of territory described in Section 2 above from the Rainbow Water District shall become effective July 1, 2019. Section 4. 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 5. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 6. 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 day of , 2018, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of , 2018. ATTEST: Mayor City Recorder Attachment 3, Page 2 of 21 Exhibit A 1 of 2Attachment 3, Page 3 of 21 Beginning at a point 16.8 feet South 26°38’ East of a point 505.56 feet North 89°55’ West of the Northeast corner of the William Stevens Donation Land Claim No. 46, in Township 17 South, Range 3 West of the Willamette Meridian; thence South 26°38’ East 306.7 feet; thence North 89°55’ West 159.0 feet; thence North 26°38’ West 306.7 feet; thence North 89°55’ East along the South line of County Road No. 90, 159 feet to the place of beginning, in Lane County, Oregon. Exhibit A 2 of 2 Attachment 3, Page 4 of 21 Exhibit B 1 of 10Attachment 3, Page 5 of 21 Exhibit B 2 of 10Attachment 3, Page 6 of 21 Exhibit B 3 of 10Attachment 3, Page 7 of 21 Exhibit B 4 of 10Attachment 3, Page 8 of 21 Exhibit B 5 of 10Attachment 3, Page 9 of 21 Exhibit B 6 of 10Attachment 3, Page 10 of 21 Exhibit B 7 of 10Attachment 3, Page 11 of 21 Exhibit B 8 of 10Attachment 3, Page 12 of 21 Exhibit B 9 of 10Attachment 3, Page 13 of 21 Exhibit B 10 of 10Attachment 3, Page 14 of 21 TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Moktar Alhemyare Annexation Applicants: Moktar Alhemyare Case Number: 811-18-000081-TYP4 Proposal Location: 273 Deadmond Ferry Road (Map 17-03-15-40, TL 1700) Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10) Plan Designation: LDR Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan, Gateway Refinement Plan Application Submittal Date: March 15, 2018 Associated Applications: 811-17-000030-PRE (Development Issues Meeting); 811-18-000061-PRE (Pre-Submittal Meeting for Annexation) CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Mark Rust 541-726-3654 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Kyle Greene 541-726-5750 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 APPLICANT’S DEVELOPMENT REVIEW TEAM POSITION NAME PHONE MAILING ADDRESS Applicant Motkar Alhemyare P.O. Box 11713 Eugene OR 97440 Applicant’s Representative Maureen Jackson Metro Planning, Inc. 541-302-9830 370 Q Street Springfield OR 97477 Deadmond Ferry Rd W Centennial Blvd Proposed Annexation Area Exhibit C, Page 1 of 7 Attachment 3, Page 15 of 21 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications. Finding: A Development Issues Meeting for the subject annexation request was held on March 20, 2018. Conclusion: The requirement of SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1), an annexation application may be initiated by “more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land”. Finding: The property owner of the subject property own all of the land and real property, and full assessed value of real property in the proposed annexation territory and have filed the application and petition requesting annexation to the City of Springfield (Attachment 3, Exhibit B). Conclusion: The application requirements of SDC 5.7-125 is met. Site Information: The territory requested for annexation is comprised of one parcel on the south side of Deadmond Ferry Road east of the intersection with Game Farm Road. The property is addressed as 273 Deadmond Ferry Road and the parcel contains an existing single family home. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along three sides: the north, west, and east sides. The requested annexation territory comprises one acre and zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. The intent of the annexation request is to facilitate future redevelopment of the property. The full range of City utilities including sanitary sewer service are available along the property frontage on Deadmond Ferry Road. Because urban utilities, services, and infrastructure are already installed and available, an Annexation Agreement is not required for this annexation request. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Eugene 4J School District), roads (City of Springfield), Fire (Eugene/Springfield under contract with Rainbow Water District), water service (Rainbow Water District), electrical ser vice (Sprin gf ield Utility B oard ( SUB)). 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 August 20, 2018, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. Newspaper Notice. Notice of the September 4, 2018 public hearing was published in The Register- Guard on August 21 and 28, 2018. Posted Notice. Notice of the September 4, 2018 public hearing was posted in four public places in the City: along the property frontage on Deadmond Ferry Road; 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. Exhibit C, Page 2 of 7 Attachment 3, Page 16 of 21 Finding: Upon annexation of the subject territory to the City the Low Density Residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on May 29, 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 City of Springfield urban growth boundary (UGB). The area requested for annexation abuts the Springfield city limits along three sides. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB and within the area covered by the Metro Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding: The territory requested for annexation is entirely within the City’s acknowledged UGB. Finding: The territory requested for annexation is zoned and designated Low Density Residential (LDR) in accordance with the Springfield Zoning Map and the adopted Gateway Refinement Plan diagram. There are no proposed changes to the current zoning or plan designation, except automatic removal of the UF-10 Overlay by operation of SDC 5.7-150.A. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan Urbanization Element as Springfield’s comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan’s long-standing urbanization policy criteria for approving annexations. The Urbanization Element is effective but has yet to be acknowledged. Finding: Under OAR 660-014-0070, “all appropriate goals must be applied during annexation by the city” of lands not subject to an acknowledged comprehensive plan. Goal 14 is appropriate to apply to this annexation because the Urbanization Element is unacknowledged. No other Statewide Planning Goals are directly applicable to this annexation, because acknowledged provisions of the Springfield 2030 Comprehensive Plan or Metro Plan implement all other relevant goals. Because the subject property is within the acknowledged urban growth boundary, the provisions of Goal 14 regarding establishment of the urban growth boundary and land need are not applicable to this annexation. Exhibit C, Page 3 of 7 Attachment 3, Page 17 of 21 Finding: Goal 14, OAR 660-015-0000(14) “Urbanizable Land” states, “Land within urban growth boundaries shall be considered available for urban development consistent with plans for the provision of urban facilities and services.” The proposed annexation complies with Goal 14 because key urban facilities and services can be provided in an orderly, efficient and timely manner as explained further under Criterion C below. Finding: The continued annexation of properties and public street rights-of-way to the City of Springfield is consistent with the Springfield 2030 Comprehensive Plan and Metro Plan policies, which will result in the elimination of special districts within the urbanizable area. The Metro Plan Public Facilities and Services Element (Chapter III-G) recognizes that as annexations to the City occur, the special district service areas will diminish incrementally and eventually will be dissolved. Finding: The territory requested for annexation is within the service area of Rainbow Water District. Rainbow Water District has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of northwest Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water District consistent with ORS 222.510, 222.520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene & Springfield will provide fire protection service directly to the annexation area. Finding: After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized by an intergovernmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to territory within the City of Springfield. The subject annexation area is currently zoned and designated for single family residential development. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding: The Springfield 2030 Comprehensive Plan recognizes annexation as the highest priority for extending the minimum level of key urban facilities and services to urbanizable areas. Key urban facilities and services are those services and facilities that are necessary to serve planned urban uses and densities in accordance with applicable Statewide Planning Goals, statutes and administrative rules, including wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a district-wide basis. Finding: The territory requested for annexation is contiguous with the City limits and is part of a remnant unincorporated island within a larger area of incorporated territory. The subject site will take advantage of urban service delivery systems that are already in place along the public street frontage on Deadmond Ferry Road. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water – The Springfield Utility Board operates the public water utility system adjacent to the property requested for annexation. Upon annexation, the subject property would be served by the City by and through the Springfield Utility Board. There is an existing public water line in Deadmond Ferry Road that would continue to provide water service to the property. Electricity – SUB Electric provides service to developed properties in this area of northwest Springfield, including the subject site. Existing electrical system infrastructure within the adjacent public right-of-way will be maintained by the affected utility providers. Police Services – Springfield Police Department currently provides service to areas of northwest Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane Exhibit C, Page 4 of 7 Attachment 3, Page 18 of 21 County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with Rainbow Water District. Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other’s jurisdictions. Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. The park district operates several indoor recreation facilities, such as the 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. The subject property is within the Eugene 4J school district and will remain in that district. Based on the current zoning and comprehensive plan designation for the property, it is expected that the annexation territory could generate permanent residents and/or school-age population in the future. Wastewater – The annexation territory is not currently served by sanitary sewer, but there is an existing public sewer line along the property frontage on Deadmond Ferry Road. A sanitary sewer lateral has been stubbed into the property frontage. However, annexation of the property will be required before sanitary sewer service can be provided to the site. Stormwater – The subject annexation territory is served by a piped stormwater management system in Deadmond Ferry Road. Extension of the public stormwater system will be necessary at the time of subdivision and development. Transportation – The subject annexation area has frontage on Deadmond Ferry Road along the northern boundary. Along the site frontage, Deadmond Ferry Road is developed as an urban major collector street with curb, gutter and sidewalk, a striped vehicle and bicycle lane in each direction, and a bi-directional center turning lane. Deadmond Ferry Road also has street lighting and a discontinuous row of street trees. Construction of new or existing street frontage improvements along Deadmond Ferry Road will be reviewed and approved as a part of the site development or redevelopment process. Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service can be provided by Sanipac. Communication Facilities – Various providers offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls – The annexation area is within Springfield’s urban growth boundary. Through an Exhibit C, Page 5 of 7 Attachment 3, Page 19 of 21 intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. Conclusion: The proposal meets and complies with criterion C, Subsection 5.7-140. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The subject property is already partially developed with single family homes and a full range of urban utilities and services are currently available along the public street frontage. Therefore, an Annexation Agreement is not warranted for this annexation request. Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140. DIRECTOR’S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7-140, and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District; and withdrawal of the subject territory from the Rainbow Water District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On September 4, 2018, the City Council will hold a Public Hearing for the subject annexation request and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential in accordance with the Springfield Zoning Map and the adopted Gateway Refinement Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the site will retain the underlying Low Density Residential (LDR) zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted first reading by the City Council on September 4, 2018 and adopted after a second reading on or around September 17, 2018, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around October 17, 2018), or upon acknowledgement of filing with the Secretary of State – whichever date is later. Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150. Finding: The annexation area is within the delineated service territory of SUB (electric) and the Rainbow Water District (water service and fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the Springfield Utility Board will provide water and continue to provide electric service after annexation. Consistent with SDC 5.7-160, notice was provided and a public hearing was held. If the annexation is approved, the annexation area will be concurrently withdrawn from the Rainbow Water District Exhibit C, Page 6 of 7 Attachment 3, Page 20 of 21 in the best interest of the City. Exhibit C, Page 7 of 7 Attachment 3, Page 21 of 21