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HomeMy WebLinkAboutItem 05 Tamarack Street Annexation AGENDA ITEM SUMMARY Meeting Date: 9/4/2018 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541/726-3784 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: Maintain and Improve Infrastructure and Facilities ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX A SINGLE RESIDENTIAL LOT AT 1457 TAMARACK STREET (MAP 17-03-27-33, TAX LOT 3100) TO ADDRESS A HEALTH HAZARD ABATEMENT ISSUE. ACTION REQUESTED: Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY (PROPERTY KNOWN AS 1457 TAMARACK STREET) 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: The City Council is requested to consider an ordinance to annex a single residential lot with existing house that is located at 1457 Tamarack Street in west Springfield. The proposed annexation is requested to facilitate connection to City sanitary service due to a failed septic system on the property. ATTACHMENTS: Attachment 1: Staff Report and Recommendations Attachment 2: Location Map Attachment 3: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application Exhibit C: *Staff Report and Recommendations (*Added to Adopted Ordinance) Exhibit D: Improvement Agreement and Application for Sewer Hookup DISCUSSION/ FINANCIAL IMPACT: The City Council is authorized by ORS Chapter 222 and SDC Article 5.7-100 to act on annexation requests. In accordance with SDC 5.7-155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State, whichever date is later. The subject property is currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied and is located inside the City’s Urban Growth Boundary. According to the 2017 Lane County Assessment and Taxation records the property has an assessed value of $145,126. The territory requested for annexation is within an established residential neighborhood and urban services are available along the frontage of the subject site. Additionally, an existing public sanitary sewer line is located at the rear (eastern boundary) of the property where it backs onto the Centennial Elementary School site. The applicant has already obtained necessary permits to connect the existing house to the public sanitary sewer. Consistent with Council direction regarding annexations due to a failed septic system, the applicant was allowed to connect to City sanitary sewer immediately upon payment of required fees. Staff is recommending adoption of the annexation ordinance to finalize the request for connection to public sanitary sewer to abate a potential health hazard. As outlined in the attached staff report (Attachment 1), the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Refinement Plan – Urbanization Element. The attached staff report also confirms the request meets the criteria of approval for annexations established in Section 5.7-140 of the Springfield Development Code (SDC). The applicant has executed an Improvement Agreement and Application for Sewer Hookup with the City that outlines the financial responsibilities for provision of urban services to the property (Attachment 4). Recommendation: The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council approval to annex this property to the City and Willamalane Park & Recreation District, and withdrawing same from Rainbow Water District is consistent with all applicable laws. TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Eickmeyer Annexation Applicant: Alice J. Eickmeyer Case Number: 811-18-000099-TYP4 Proposal Location: 1457 Tamarack Street (Map 17-03-27-33, Tax Lot 3100) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: June 19, 2018 Associated Applications: None CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 Property Proposed for Annexation Centennial Elementary School City Limits City Limits 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, unless waived by the Director. Finding: Staff met initially with the property owner to discuss a failed septic system in December, 2017. Because the property is already developed and the annexation was necessary to address a health hazard abatement issue, the requirement for a DIM was waived. Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1), an annexation application may be initiated by “more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land”. Finding: The property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield (Attachment 3, Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of a rectangular 7,993 ft2 residential lot with an existing dwelling. The lot is located on the east side of Tamarack Street between Aspen Street and West Olympic Street. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern and eastern boundaries. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. According to the applicant’s submittal, the primary purpose of the annexation request is to facilitate connection of the house to public sanitary sewer due to a failed septic system on the property. The applicant is proposing to connect the dwelling to public sanitary sewer and to decommission the septic system. An existing public sanitary sewer line runs within the eastern edge of the property and is available for sewer connection. To this end, the applicant has executed an Improvement Agreement and Application for Sewer Hookup with the City that outlines the applicant’s responsibilities and financial obligations for provision of sewer service to the property (Attachment 4, Exhibit D). The Tamarack Street frontage of the property is considered improved to urban standards so additional public improvements are not required to serve the annexation area. Therefore, an Annexation Agreement is not warranted for this application. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Springfield School District), roads (City of Springfield and Lane County), and Fire (Eugene/Springfield under contract with the Rainbow Water District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontage, but the provision of potable water service is currently the responsibility of Rainbow Water District. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer, water, electricity and police/fire response to the subject area. Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-130, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed August 10, 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 Attachment 1, Page 2 of 7 Lane County Board of Commissioners. Newspaper Notice. Notice of the September 4, 2018 public hearing was published in The Register- Guard on August 20 and 27, 2018. Posted Notice. Notice of the September 4, 2018 public hearing was posted in four public places in the City: along the property frontage at 1457 Tamarack Street; at Springfield City Hall; on the electronic display in the foyer of the Development and Public Works office; and on the City of Springfield website. Finding: Upon annexation of the subject territory to the City the underlying 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 July 10, 2018. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.7-140, Criteria. Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and as more specifically detailed in the adopted Springfield 2030 Refinement Plan – Urbanization Element. The property requested for annexation abuts the Springfield city limits along the northern and eastern boundaries. 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 of the Metro Plan and as more specifically delineated by the Springfield 2030 Refinement 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: In December 2016, Springfield adopted the Springfield 2030 Refinement 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 Attachment 1, Page 3 of 7 to this annexation, because acknowledged provisions of the Springfield 2030 Refinement 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. 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 territory requested for annexation is within a neighborhood that is zoned and designated for Low Density Residential (LDR) use. The adopted elements of the Springfield 2030 Refinement Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Refinement Plan – Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Refinement Plan – Urbanization Element recognize 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 currently within the service area of Rainbow Water District. Rainbow Water District has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of west Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water District consistent with ORS 222.510, 222.520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene & Springfield will provide fire protection service directly to the annexation area. Finding: In accordance with Policy 33 of the Springfield 2030 Refinement Plan – Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. Finding: In accordance with Policy 34 of the Springfield 2030 Refinement Plan – Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Refinement Plan – Urbanization Element, the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to address a health hazard abatement issue due to a failed septic system on the property. Public sanitary sewer service is available within the eastern edge of the property provided necessary permits are obtained. Finding: The property owner submitted an application for annexation to the City (Attachment 3, Exhibit B), and executed an Improvement Agreement and Application for Sewer Hookup which was recorded at Lane County Deeds & Records as Document #2018-027985 (Attachment 3, Exhibit D). Finding: After the public hearing and upon Council adoption of the annexation Ordinance, the property will be annexed into the Willamalane Park & 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 property is currently zoned and designated for Low Density Residential use and this zoning will be retained upon annexation. Attachment 1, Page 4 of 7 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: In accordance with Policy 29 of the Springfield 2030 Refinement Plan – Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Refinement Plan – Urbanization Element, key urban facilities and services are defined as 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 districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan – Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits along the northern and eastern boundaries. Urban utilities have been extended along adjacent public streets and via public easements to serve the subject property, adjacent properties and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place, including public sanitary sewer lines. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water – The Springfield Utility Board operates the public water utility system within incorporated areas of west Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the water service will be transferred to SUB Water in accordance with an agreement between Rainbow Water District and the Springfield Utility Board. Water service is typically transferred on July 1 of the year following conclusion of the annexation – in this case July 1, 2019. Electricity – SUB Electric provides service to the neighborhoods in west Springfield and SUB owns and maintains electrical system infrastructure along Tamarack Street and adjacent public streets. Existing electrical system infrastructure within the public rights-of-way will continue to be maintained by the affected utility provider. Police Services – Springfield Police Department currently provides service to areas of west Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with Rainbow Water District. Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other’s jurisdictions. Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park & 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 Attachment 1, Page 5 of 7 community parks, sports parks, special use parks, and natural area parks. Concurrent with annexation to the City of Springfield, the subject property will be annexed to the Willamalane Park & Recreation District consistent with City policy and the adopted Willamalane Comprehensive Plan. Library Services – Upon annexation to the City of Springfield, the subject area will be within the service area of the Springfield Public Library. Schools – The Springfield School District serves this portion of west Springfield and, in fact, the annexation territory abuts the Centennial Elementary School site. Based on the continued residential use of the subject property it is expected that the annexation territory would retain permanent residents and could generate a school-age population in the future. Sanitary Sewer – The annexation territory contains existing public sanitary sewer lines that run along the eastern edge of the property in a public easement. The property owner has paid the sewer assessment fees and other permit costs for connection to the sanitary sewer, and has hired a contractor to complete the decommissioning of the septic system and physical connection to the public sewer line. Because the sanitary sewer connection was required to maintain occupancy of the existing house it has already been installed. The property owner executed an Improvement Agreement and Application for Sewer Hookup to facilitate the connection while the annexation process is being completed. Stormwater – The subject annexation territory is served by existing public stormwater management systems in the Tamarack Street right-of-way. Extension and expansion of the public stormwater system can occur, if necessary, as nearby properties are annexed and developed. Streets – The subject annexation area abuts existing public streets that have been developed to urban standards with curb, gutter and sidewalk, street trees, and street lighting. 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 would 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 and the Springfield 2030 Refinement Plan – Urbanization Element are immediately available to the site. 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 area proposed for annexation is a developed single family residential lot within a mature neighborhood in west Springfield. The property owner has paid the sewer assessment and other fees and permit costs to facilitate the annexation and connection to public sanitary sewer. Additionally, the property owner was responsible for the cost of the physical connection, including excavation and installation of a sewer lateral. Therefore, any potential fiscal impacts to the City have been mitigated by the property owner’s payment of applicable sewer assessment fees and permit costs. Attachment 1, Page 6 of 7 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 (LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the property will retain the 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 contracted fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Rainbow Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance No. . Attachment 1, Page 7 of 7 LOCATION OF PROPERTY PROPOSED FOR ANNEXATION  SITE Attachment 2, Page 1 of 2 811-18-000099-TYP4 – PROPOSED ANNEXATION OF 0.18 ACRES OF RESIDENTIAL PROPERTY 1457 TAMARACK STREET (MAP 17-03-27-33, TL 3100) SITE CONTEXT MAP SITE W Olympic St Centennial Elementary School Attachment 2, Page 2 of 2 Page 1 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY (PROPERTY KNOWN AS 1457 TAMARACK STREET) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and ORS Chapter 222 to accept, process, and act upon annexations to the City; and WHEREAS, a request to annex certain territory according to ORS 222.170 was submitted on June 19, 2018, said territory being Assessor’s Map township 17 South, Range 03 West, Section 27, Map 33, Tax Lot 3100, which is municipally addressed as 1457 Tamarack Street, Springfield, and is generally depicted and more particularly described in Exhibit A to this Ordinance; and WHEREAS, in accordance with SDC 5.7-125.A and ORS 222.111, the property owner initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; and WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125.A and ORS 222 and has been set for public hearing; and, WHEREAS, the territory proposed for annexation is within the Eugene-Springfield Metropolitan Area General Plan (more commonly known as the Metro Plan) and the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits along the eastern and northern boundary (SDC 5.7- 140.A); and WHEREAS, the annexation is consistent with Statewide Planning Goal 14 and 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; and WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director’s recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7-140.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; and WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, the City Council of the City of Springfield has determined that the provision of City services to the subject area is necessary immediately for the health and safety of the public because the septic system on the property has failed; and WHEREAS, the applicant and City have executed an Improvement Agreement and Application for Sewer Hookup (Exhibit D) that addresses the timing and responsibility for provision of sanitary sewer service to the property; and Attachment 3, Page 1 of 26 Page 2 of 2 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 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 26 Page 1 of 1 ANNEXATION LEGAL DESCRIPTION Lot 1, Block 4, FIRST ADDITION TO MENLO PARK, as platted and recorded in Book 27, Page 26, Lane County Oregon Plat Records; situated in Lane County, State of Oregon, in the Southwest quarter of Section 27, Township 17 South, Range 3 West, Willamette Meridian, being further described as follows: Beginning at the northeast corner of Block 4, FIRST ADDITION TO MENLO PARK, as platted and recorded in Book 27, Page 26, Lane County Oregon Plat Records; Thence on boundaries of Lot 1, Block 4, of said FIRST ADDITION TO MENLO PARK the following courses: 1. North 88°54.9’ West 80.00 feet; 2. South 01°05’ West 100.00 feet; 3. South 88°54.9’ East 79.87 feet; 4. North 01°09’ East 100.00 feet, to the Point of Beginning. Containing 7,993 square feet. Exhibit A 1 of 2 Attachment 3, Page 3 of 26 Exhibit A 2 of 2Attachment 3, Page 4 of 26 Exhibit B 1 of 11 Attachment 3, Page 5 of 26 Exhibit B 2 of 11 Attachment 3, Page 6 of 26 Exhibit B 3 of 11 Attachment 3, Page 7 of 26 Exhibit B 4 of 11 Attachment 3, Page 8 of 26 Exhibit B 5 of 11 Attachment 3, Page 9 of 26 Exhibit B 6 of 11 Attachment 3, Page 10 of 26 Exhibit B 7 of 11 Attachment 3, Page 11 of 26 Exhibit B 8 of 11 Attachment 3, Page 12 of 26 Exhibit B 9 of 11 Attachment 3, Page 13 of 26 Exhibit B 10 of 11 Attachment 3, Page 14 of 26 Exhibit B 11 of 11 Attachment 3, Page 15 of 26 Attachment 3, Page 16 of 26 TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Eickmeyer Annexation Applicant: Alice J. Eickmeyer Case Number: 811-18-000099-TYP4 Proposal Location: 1457 Tamarack Street (Map 17-03-27-33, Tax Lot 3100) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: June 19, 2018 Associated Applications: None CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 Property Proposed for Annexation Centennial Elementary School City Limits City Limits Exhibit C 1 of 7 Attachment 3, Page 17 of 26 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications, unless waived by the Director. Finding: Staff met initially with the property owner to discuss a failed septic system in December, 2017. Because the property is already developed and the annexation was necessary to address a health hazard abatement issue, the requirement for a DIM was waived. Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1), an annexation application may be initiated by “more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land”. Finding: The property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield (Attachment 3, Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of a rectangular 7,993 ft2 residential lot with an existing dwelling. The lot is located on the east side of Tamarack Street between Aspen Street and West Olympic Street. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern and eastern boundaries. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. According to the applicant’s submittal, the primary purpose of the annexation request is to facilitate connection of the house to public sanitary sewer due to a failed septic system on the property. The applicant is proposing to connect the dwelling to public sanitary sewer and to decommission the septic system. An existing public sanitary sewer line runs within the eastern edge of the property and is available for sewer connection. To this end, the applicant has executed an Improvement Agreement and Application for Sewer Hookup with the City that outlines the applicant’s responsibilities and financial obligations for provision of sewer service to the property (Attachment 4, Exhibit D). The Tamarack Street frontage of the property is considered improved to urban standards so additional public improvements are not required to serve the annexation area. Therefore, an Annexation Agreement is not warranted for this application. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Springfield School District), roads (City of Springfield and Lane County), and Fire (Eugene/Springfield under contract with the Rainbow Water District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontage, but the provision of potable water service is currently the responsibility of Rainbow Water District. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer, water, electricity and police/fire response to the subject area. Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-130, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed August 10, 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 Exhibit C 2 of 7 Attachment 3, Page 18 of 26 Lane County Board of Commissioners. Newspaper Notice. Notice of the September 4, 2018 public hearing was published in The Register- Guard on August 20 and 27, 2018. Posted Notice. Notice of the September 4, 2018 public hearing was posted in four public places in the City: along the property frontage at 1457 Tamarack Street; at Springfield City Hall; on the electronic display in the foyer of the Development and Public Works office; and on the City of Springfield website. Finding: Upon annexation of the subject territory to the City the underlying 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 July 10, 2018. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.7-140, Criteria. Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and as more specifically detailed in the adopted Springfield 2030 Refinement Plan – Urbanization Element. The property requested for annexation abuts the Springfield city limits along the northern and eastern boundaries. 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 of the Metro Plan and as more specifically delineated by the Springfield 2030 Refinement 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: In December 2016, Springfield adopted the Springfield 2030 Refinement 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 Exhibit C 3 of 7 Attachment 3, Page 19 of 26 to this annexation, because acknowledged provisions of the Springfield 2030 Refinement 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. 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 territory requested for annexation is within a neighborhood that is zoned and designated for Low Density Residential (LDR) use. The adopted elements of the Springfield 2030 Refinement Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Refinement Plan – Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Refinement Plan – Urbanization Element recognize 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 currently within the service area of Rainbow Water District. Rainbow Water District has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of west Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water District consistent with ORS 222.510, 222.520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene & Springfield will provide fire protection service directly to the annexation area. Finding: In accordance with Policy 33 of the Springfield 2030 Refinement Plan – Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. Finding: In accordance with Policy 34 of the Springfield 2030 Refinement Plan – Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Refinement Plan – Urbanization Element, the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to address a health hazard abatement issue due to a failed septic system on the property. Public sanitary sewer service is available within the eastern edge of the property provided necessary permits are obtained. Finding: The property owner submitted an application for annexation to the City (Attachment 3, Exhibit B), and executed an Improvement Agreement and Application for Sewer Hookup which was recorded at Lane County Deeds & Records as Document #2018-027985 (Attachment 3, Exhibit D). Finding: After the public hearing and upon Council adoption of the annexation Ordinance, the property will be annexed into the Willamalane Park & 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 property is currently zoned and designated for Low Density Residential use and this zoning will be retained upon annexation. Exhibit C 4 of 7 Attachment 3, Page 20 of 26 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: In accordance with Policy 29 of the Springfield 2030 Refinement Plan – Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Refinement Plan – Urbanization Element, key urban facilities and services are defined as 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 districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan – Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits along the northern and eastern boundaries. Urban utilities have been extended along adjacent public streets and via public easements to serve the subject property, adjacent properties and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place, including public sanitary sewer lines. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water – The Springfield Utility Board operates the public water utility system within incorporated areas of west Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the water service will be transferred to SUB Water in accordance with an agreement between Rainbow Water District and the Springfield Utility Board. Water service is typically transferred on July 1 of the year following conclusion of the annexation – in this case July 1, 2019. Electricity – SUB Electric provides service to the neighborhoods in west Springfield and SUB owns and maintains electrical system infrastructure along Tamarack Street and adjacent public streets. Existing electrical system infrastructure within the public rights-of-way will continue to be maintained by the affected utility provider. Police Services – Springfield Police Department currently provides service to areas of west Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with Rainbow Water District. Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other’s jurisdictions. Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park & 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 Exhibit C 5 of 7 Attachment 3, Page 21 of 26 community parks, sports parks, special use parks, and natural area parks. Concurrent with annexation to the City of Springfield, the subject property will be annexed to the Willamalane Park & Recreation District consistent with City policy and the adopted Willamalane Comprehensive Plan. Library Services – Upon annexation to the City of Springfield, the subject area will be within the service area of the Springfield Public Library. Schools – The Springfield School District serves this portion of west Springfield and, in fact, the annexation territory abuts the Centennial Elementary School site. Based on the continued residential use of the subject property it is expected that the annexation territory would retain permanent residents and could generate a school-age population in the future. Sanitary Sewer – The annexation territory contains existing public sanitary sewer lines that run along the eastern edge of the property in a public easement. The property owner has paid the sewer assessment fees and other permit costs for connection to the sanitary sewer, and has hired a contractor to complete the decommissioning of the septic system and physical connection to the public sewer line. Because the sanitary sewer connection was required to maintain occupancy of the existing house it has already been installed. The property owner executed an Improvement Agreement and Application for Sewer Hookup to facilitate the connection while the annexation process is being completed. Stormwater – The subject annexation territory is served by existing public stormwater management systems in the Tamarack Street right-of-way. Extension and expansion of the public stormwater system can occur, if necessary, as nearby properties are annexed and developed. Streets – The subject annexation area abuts existing public streets that have been developed to urban standards with curb, gutter and sidewalk, street trees, and street lighting. 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 would 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 and the Springfield 2030 Refinement Plan – Urbanization Element are immediately available to the site. 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 area proposed for annexation is a developed single family residential lot within a mature neighborhood in west Springfield. The property owner has paid the sewer assessment and other fees and permit costs to facilitate the annexation and connection to public sanitary sewer. Additionally, the property owner was responsible for the cost of the physical connection, including excavation and installation of a sewer lateral. Therefore, any potential fiscal impacts to the City have been mitigated by the property owner’s payment of applicable sewer assessment fees and permit costs. Exhibit C 6 of 7 Attachment 3, Page 22 of 26 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 (LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the property will retain the 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 contracted fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Rainbow Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance No. . Exhibit C 7 of 7 Attachment 3, Page 23 of 26 Attachment 3, Page 24 of 26 Exhibit D 1 of 2 Attachment 3, Page 25 of 26 Exhibit D 2 of 2 Attachment 3, Page 26 of 26