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HomeMy WebLinkAboutOrdinance 6386 09/17/2018 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6386 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY(PROPERTY KNOWN AS 273 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 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 17 day of Sept , 2018, by a vote of 4 for and n against. (2 absent - Pi shioneri & Stoehr) APPROVED by the Mayor of the City of Springfield this 17 day of September , 2018. Mayor ATTEST: REVIEWED&APPROVED AS TO F City corder E: OFFICE O4CIATTDRNEY ORDINANCE NO.6386 3� 5 9}s4E§pi -p' HiiBs N Nj yy 6 � 00 �leo I � le � YI Fi °� g I ��� f "� ..... I� •I - o o O� q p I y t YSx I o p �` 9 a 90 tll¢ � I �� I � Rt • o ,�_ 0 !1 ` .,..1 G a ` ru$ C) --- Deme v i i!i ` 15 4 lli °I O 'I � � � 4 ! o P i • I i . . tt oo _ ay o oaoq [: a6 � � CD / g IF I l I v �.a 2 ORDINANCE NO. 6386 Exhibit A, Page 2 of 2 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. ORDINANCE NO. 6386 Exhibit B 1 of 10 City Springfield 3 Development & Public Works Fifth J 225 FiRh Street Springfield, OR 97477 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: El Annexation A IicatIon Submittal: a ProposalRequired Property Owner: Moktar Alhern are Phone: Address: PO Box 11713 Eugene OR 97440 Fax: E-mail: Owner Signature: Owner Signature: Agent Name: Maureen Jackson Assistant Planner Phone 541-302-9830 Company: Metro Planning, Inc. Fax: Address: 370 O Street, Springfield iOR 97477 M0i1 metroplanning.co Agent Signature: if the applicant is other than the owner,the owner hereby grants permission for the applicant to act in his or her behalf,except where signatures of the owner of record are required,only the owner may sign the petition. ASSESSOR'S MAP NO: 1 17-03-15-40 1 TAX LOT NOS : 101700 Property Address: 273 Deadmond Ferry Road Area of Request: Acres: 1.0 acres Square Feet: Existing Use(s) sin le family dwelling of Property: Proposed Use mufti-family apartment development of Property: Property Case No.: 418-I 00088-TYP`f Date: 5 15 18 Rn t a sed By: OI, Application Fee: Postage Fee: Total Fee: ,5 a ece ed Revised 4/8/14 B] Paye Mof AY 17 2018 Original R�Ji 41V@{f� . � — Exhibit B 2 of 10 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the Information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf, I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: / Date: 7 Slignaiture Moktar Alhemyare Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting,I afnrn the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal,and the City may begin processing the application with the Information as submitted. This statement serves as written nouce pursuant to the repuirements of ORS 227.178 pertaining to a complete application. Owner: 1---Z—�/ Date: Jbe gnature Moktar Alhemyare Print Revised 4/8/14 BJ Page 9 of 17 ORDINANCE NO. 6386 Exhibit B 3 of 10 O ANNEXATION APPLICATION FOR MORTARALHEMYARE WRITTEN STATEMENT Wollaavaic�moxrrRsrncu Submittal No.: 2 370 G YREEi Document Date: May 30,2018 SPRINGFIELD.OREGON 974] Isal XQ 9e30 Applicant's Request: Approval of annexation of property located at W WAHRO"NNINGCOM 273 Deadmond Ferry Road Property owner/Applicant: Moldar Alhemyare PO Box 11713 Eugene,OR 97440 Applicant's Representative/ Metro Manning,Inc. Planner/Project Coordinator: c/o Maureen Jackson,Associate Planner 370 Q Street Springfield,OR 97477 Tel(541)302-9830 Subject Property: Map 17-03-15-00;Tax Lot 01700 Location: 273 Deadmond Ferry Road Property Size: 1.0 acres Zoning: LDR—Low Density Residential OF-10-Urbanizable Fringe Overlay District Metro Plan: L—Low Density Residential Future Development Plans Proposed Zoning Map and Metro Plan amendments to with this Annexation: rezone subject property from low density residential to medium density residential for proposed multi-family development permitted with site plan review ®ate Received MAY 15 2018 Originallal�M _ ORDINANCE N Exhibit B 4 of 10 Annexation Application for Moktar Alhemyare Background This is an annexation application for approximately 1.0 am site,located at 273 Deadmond Ferry Road,in an area zoned Low Density Residential(LDR). The subject property is in the Urbanizable Fringe Overlay District,(UF-10),as it is located outside City of Springfield city limits,but within the Urban Growth Boundary(UGB). The subject property Is contiguous to city limits on three sides. The proposed annexation is consistent with the Citys Metro Plan and Gateway Refinement Plan designation,showing the land within the UGB and Included in Mese plan diagrams. To facilitate city staff review of this annexation application,this written statement clearly demonstrates how the development meets the Annexation application criteria of SDC 5.7-140 Criteria. The Springfield Development Code (SDC)text sections are in told and/or italics and the responses are included In plain text. Annexations SDC 5.7-140 Criteria An anxrafian application may be approved only ifthe City Caund/finds that the proposal conforms to the following mmna: A. 77ie aff+.Ked ierritayproposcd to be annexed is within the(fry's urban growth boundary, and is 1. Contiguous to the cityAmft or 2 Sew2ted from the City ontybya public nghtW--way ora steam,lake w other body of water. The subject property is contiguous to city limits on three sides:the southern and western property lines adjacent to tax lot 00100;and the northern property line adjacent to Deadmond Ferry Road. 8. The proposed anexabon is consistent with appl/wble po/kres in the Melo Man and in any applkable refin snentplans or Plan Disfncts,' The subject property is kroted within the Cilys urban growth boundary and in an area zoned LDR(low density residential). The Metro Plan diagram indicates that the property is designated for low density residential development. The property is located within the Gateway Refinement Plan area and Identified as low density residential(LDR)(see Appendix A.). Upon approval of this proposed annexation by the City Council the property will be zoned LDR and the Urban Fringe(UF-10)Overlay District will automatically cease to apply. C The proposed ann atm will result in a boundary in which the minimum level ofkey urban fad/ibes and ser ,,as defined in the Metro Plan,can be pro ridedIn an ordedy, effioent and tmetymanner,� and The proposed boundary results in key urban facilities and services provided in an orderly,efficient and timely manner. Adjacent to the subject property on the north is Deadmond Ferry Road,a public night of-way, located within City limits. Utilities required to serve the property are located within the right-of-way as shown on the Site Plan. Electric power facllides are currently provided by Springfield Utility Board(SUB),natural gas facilities are provided by Northwest Natural,and wastewater and storm sewer lines are existing. Water is currently provided by Rainbow Water District. In accordance with ORS 22.465,if the annexation ordinance is enacted after March 31,2018, Rainbow will continue to provide water service to the applicants properly until water service is transferred to the Springfield Utility Board(SUB)effective July 1,2019. Prior to the transfer,Rainbow will continue to be the water provider and will support development and extend services. In addition the subject property is located approximately 500 feet from Lane County District Transit(LTD)Emerald Express(EmX)bus rapid transit route. D. Where apu6cable. fiscal impactr to the C7tyham been mitigated Mmugh an AnrmxatonAgreementor otlwmeecbammn�approved by the O'ry Courxyl. Bate Received Metro Planning,Inc. May 10,2018 P a g e l 8 OfIpiRDal I$Ilb(flijtNi . 63(586 Exhibit B 5 of 10 Annexation Application for Moxtar Alhemyare Fiscal impacts to the City will be mitigated through this Annexation Agreement that may include improvements on Deadmond Ferry Road bulk to city standards as a condition of development. If there are any questions or comms,please do not hesitate to contact me at Metro Planning via email (maureen@metroolannmg.com)or phone(541-302-9830). Regards, Maureen Jackson Associate Planner Date Received MAY 15 2618 Metro Planning,Inc Apnl 16,2018 P a dlligiaal Submittal__ ORDINANCE NO. 6386 Exhibit B 6 of 10 Annexation Application fa Mottar Alhemyare Appendix A. Gateway Reffnement PI fRNIM tt x \+n X. 1 ftt v < 6 3 2 F } f 5ITTT `r i «wt j i o All t� i JEp • 4 .j U,.d Subject Property ...w�o..o.....0.p... mu ml—ull —cc ..o0...so... Date Received MAY 15 2818 Metro Planning,Inc. May 10,2018 Page 14 Original Submiftal�%'r ORDINANCE NO. 6396 Exhibit B 7 of 10 Appli®tion#: C SP 2009- sar aW uw only FORM 1 PETITION/PETITION SIGNATURE SHEET Annexatlon by Individuals [SDC 5.7-13S(2)(b)(J)/DRS 222.170(1)] We,the following property owners of the following territory,consent to the annexation to the City of Springfield and concurrent annexation to Lane County Metropolitan Wastewater Service District and Wlllamalane Parks and Recreation District,as deemed necessary: Date Residence Address nap and Tax Lot Number Untl ,yes Signature Si,ned Print Name (sheeg ney,alp rode) (examlple:17 03-0a 0d) owner (Pry) s. tickler Alherryare PO Box 1171 3-154"1799 J 1.0 a Eugene,OR 97440 a. a. 5. cote. wxn tM1e move rpromre(q,3am eoeamg ust]ametM1e eutmntvm wnxntm ennemm�en my ewn eenan or an eensa or my nrm er penrv. (am[n eNrtnce ofsun a,rt/ro,r+sEwr wMn mNi®me\.l � � � I, CGwA J .,, r (printed name ofdrculator),hereby certify that every Person who signed this sheet did so In my presence. 5.�(signature of<frcufatur) CERTIFICATION OF OWNERSHIP .�nA The total landowners in the proposed annexation are I Q/ (qty). This cetltlon reoects that (qty) landowners (or iegaf representatives) listed on this petition represent a total of ioo_(%)of the lathe landowners and{D2 sa (%)of the es as determined by the map and tax lots attached [o theetkaT's! yrot respons;ble fpr suasequen[deetl attiviry that may no[ye[be reflMed an Me A&T rompu[uized tax roll. Lane County Depan,,m(1*n,ooffvAeseelement and Taxation 14-11- MY Date Signed and Certified Re.aed a/e/a v da pr v Date Received PAY 15 N18 Original Submittal Y�— ORDINANCENO. 6386 Exhibit B 8 of 10 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Assessed Imp. signed Signed (map/lot number) Name of Owner Acres Value Y/N Yes No 17-031540-01700 Moktar Alhemyare 1.0 $110,127 Y Y TOTALS: 1.0 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1.0 NUMBER OF OWNERS WHO SIGNED 1.0 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 1.0 acres ACREAGE SIGNED FOR 1.0 acres PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $110,127 VALUE CONSENTED FOR $110127 PERCENTAGE OF VALUE CONSENTED FOR 100 Date Received Rwlsed 4/8/14 81 14 of 17 MAY 15 2018 ori"r tqAKi;-- Exhibit B 9 of 10 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete ell the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: Maureen Jackson, Associate Planner E-mail: maureen@metroplanning.com Supply the following Information regarding the annexation area. • Estimated Population (at present): 0 (home is vacant) • Number of Existing Residential Units: 1 • Other Uses: n/a • Land Area: 1.0 total acres • Existing Plan Designation(s): OF-10 Urbanizable Fringe Overlay District • Existing zoning(s): LDR - Low Density Residential • Existing Land Use(s): single family residential • Applicable Comprehensive Plan(s): L - Low Density Residential • Applicable Refinement Plan(s): Gateway Refinement Plan • Provide evidence that the annexation is consistent with the applicable comArehensive plan(s) and any associated refinement plans. The etro Plan diagram indicates that the property is designated low dense res en ia. e property is located within the Gateway Refinement Plan area and identified as low density residential. Upon approval of this proposed annexation the property will be zoned UDR and the OF-10 Overlay • Are there development plans associated with this proposed annexation? Yes X No If yes, describe. Multi-family apartment development • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes No X • Please describe where the proposed annexation Is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). The propsoed annexation is contigous to the city limits in the north, west and south sides of the subject property. Date Received Revised 4/8/14 BJ Page 15 of 17 Mrs]MAY 15 2010 8°°'NaAUSubmittal Exhibit B 10 of 10 Does this application include all contiguous property under the same ownership? Yes X No If no, state the reasons why all property is not included: • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District 14 Rainbow Water and Fire District 14 Eugene School District ❑ Pleasant Hill School District ❑ Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD ® SUB ❑ Willamalane Parks and Rec District ❑ Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (ZIP) Date Received Revised 4/8/14 BI PagjqAg gf571318 Original Submittal Vfl- ORDINANCE NO. 6386 Exhibit C, Page 1 of 7 SPRINGFIELD TYPE IV-ANNEXATION STAFF REPORT AND RECOMMENDATION OREGON 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 r. (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 Bowlsb 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 Maureen Jackson 541-302-9830 370 Q Street Re mwntative Metro Planning, Inc. Springfield OR 97477 ORDINANCE NO.6386 Exhibit C, Page 2 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(Drat) 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 SIC 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. ORDINANCE NO. 6386 Exhibit C, Page 3 of 7 Finding: Upon annexation of the subject territory to the City the Low Density Residential miring will be retained, but the Urbanimble 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 armexation 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 coned 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 wring or plan designation, except automatic removal of the OF-10 Overlay by operation of SDC 5.7-150.A. Finding: In December 2016,Springfield adopted the Springfield 2030 Comprehensive Plan Urbanization Element m Springfield's comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Merro 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. ORDINANCE NO. 6386 Exhibit C, Page 4 of 7 Finding: Goal 14, OAR 660-015-0000(14) "UrbanUable 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 urbaniaable 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 At 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 wood 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 urbaninble 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. Electrlciri — 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 ORDINANCE NO.6386 Exhibit C, Page 5 of 7 County Sheriffs Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services — Fire protection is currently provided to the annexation area by Eugene/ Springfield Fire Department under contract with 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 stomrwater 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 m 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 ORDINANCE NO. 6386 Exhibit C, Page 6 of 7 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 wood 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 Urbanimble Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the OF-10 overlay will be automatically removed and the site will retain the underlying Low Density Residential(LDR)zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted first reading by the City Council on 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 m 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 ORDINANCE NO. 6386 Exhibit C, Page 7 of 7 in the best interest of the City. ORDINANCE NO. 6396