HomeMy WebLinkAboutOrdinance 6387 09/17/2018 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6387
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 5.7-140.13), 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
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 became 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 vote of 4 for and 0 against. (2 absent - Pishioneri & Stoehr)
APPROVED by the Mayor of the City of Springfield this 17 day of Sbptember , 2018.
4
4��- -4;:C
Mayor
ATTEST:
REVIEWED&APPROVED
AS TO F
City FMcbrder DATE: /
OFFICE OF A RNEY
ORDINANCE NO.6387
Exhibit A 1 of 2
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 88054.9' West 80.00 feet;
2. South 01005' West 100.00 feet;
3. South 88°54.9' East 79.87 feet;
4. North 01009' East 100.00 feet, to the Point of Beginning.
Containing 7,993 square feet.
ORDINANCE NO. 6387
O �
mid a W
{ 7 Zo
E @ �
� L
4 Wi
N �la3dINnr a.e
a ! I A
! _ o F_ -
@ e o
�a i� EKY •�� � ,� $ _ .., p
ON--
E_
ORDINANCE NO. 6387
Exhibit B 1 of 11
' City Of Springfield ❑ senirvarieEo
Development & Public Works
225 Fifth Street
Springfield, OR 974771
Annexation Application Type IV
Application'type
LIC LOU=
Annexation
Annexation Application Submittal: LJ
Property'Owner. A,I•c.E 'uN.21:1c�CtaPaer Phone: `Et'l-7�1/'r/YZ`i
-- r�Z%Y7
Address: H �7 ac{C - Fax:
E-mail:
Owner Signature:
Owner Signature: Q�/ftBi
Agent Name: Phone
Company: Fax:
Address: E-mail
Agent Signature:
. . . . . ..
If en a signatures of,the wnke-a owner,the awher d,herebionly the owner mayonfor the applicant to ad m'his of herlbehalf,except
where signaturesof the owrienof-record.are required, Dory the.owner may sign the petltien.
ASSESSOR'S MAP NO: 1 )"j - 03- 2-7- 33 TAX LOT N0(S)1.T3,,,,
Property Address: 1 -I
Area of Request: Acres: O )B Square Feet:
Existing Use(s) S;- le �.w�l, �w -
of Property: o.t �< ��.s�cd tJ'w. av �w�l@d Se +;c S
Proposed Use
of Property:
Case No.: 0-K Date: I (OIIq �zofA (Reviewed By:
initials
Application Fee: 10')Lf-00 Postage Fee: S93•uo Total Fee: 1741.7u
Revised 4/8/14 Bl Page 8 of 17
ORDINANCE NO.6387
Exhibit B 2 of 11
Development Issues Meeting Submittal Requirements Checklist
❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. The applicable application, technology, and postage fees are collected
at the time of complete application submittal.
❑ Development Issues Meeting Application Form
❑ Five (5) Questions - list specific questions the applicant would like staff to answer
during the meeting. So that each question may be fully evaluated, the list is limited to five
questions. Examples of relevant issues for annexation include but are not limited to the
following:
. Contiguity
. Availability and capacity of surrounding city services .
Affected special districts
. Fees '
❑ Three (3) Copies of the Proposal - suggested information valuable for staff to review the
proposal is listed below. It is not necessary to include all of these items on the site or plot
plan. However, applicants are encouraged to address as many as possible given that the
level of information that will be derived from the meeting is commensurate with the level
of detail provided in the application.
Applicants are also encouraged to include additional information on the plan as listed in
the Springfield Development Code (SDC) 5.7, Annexations.
❑ Drawn in ink on quality paper no smaller than 11" x 17"
❑ Scale appropriate to the area involved and sufficient to show detail of the plan and
related data, such as 1" = 30', 1" = 50' or 1" = 100'
❑ North arrow
❑ .Date of preparation
❑ Street address and assessor's map and tax lot number
❑ Dimensions (in feet) and size (either square feet or acres) of the annexation area
❑ Location and size of existing and proposed utilities,, includingconnection points
❑ Dn-site drainage collection system andflow,patterns, the.size and location of drain
lines and catch basins, dry wells, and natural drainageways to be retained
❑ Area and dimensions of all property to be conveyed, dedicated, or reserved for
future public road right-of-way
❑ Approximate location, number and dimensions of proposed lots
❑ How streets in the proposal area connect with existing streets
❑ Future development plan, which may include proposed and existing buildings
(location, dimensions, size) or other impervious surfaces
Revised 4/8/14 B3 7 of 17
ORDINANCE NO.6387
Exhibit B 3 of 11
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: A
IA t 2 J `+" 4c .;,tnx a- Date: 0).9
Signature
A L 'c-e. T rt z G i.r k kh tier
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 affirm 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 notice pursuant to the requirements of ORS 227.17B pertaining to a
complete application.
Owner:
,Tot...e_ Ecjc� Date:
Signature
Print
Revised 4/8/14 ED Page 9 of 17
ORDINANCE NO.6387
Exhibit B 4 of 11
APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN
APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED
TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW
PROCESS.
❑ Application Fee Isoc s.7-12s(B)(15))
Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees
are based upon the area of land being annexed. Copies of the fee schedule are available at the
Development & Public Works Department. Fees are payable to the City of Springfield.
❑ Petition/Petition Signature Sheet [SDC5.7-125(13)(2)1
To initiate an annexation by consents from property owners as explained below, complete the
attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted @ Pre-
Submittal, with original copies @ time of application submittal).
Consent by Property Owners FORS 222.170(1)1
If the proposal is to be initiated by the owners of at least one-half of the land area, land
value, and land ownership, complete Form 2. To give consent for a particular piece of
property, persons who own an interest in the property, or who are purchasers of property
on a contract sale that is recorded with the county, must sign the annexation petition.
Generally, this means that both husband and wife should sign. In the case of a corporation
or business, the person who is authorized to sign legal documents for the firm may sign the
annexation petition. Please provide evidence of such authorization. To ensure that the
necessary signatures are obtained, please complete the attached worksheet (Form 2).
(Photocopies may be submitted @ Pre-Submittal, with original copies @ time of
application submittal).
❑ Certification of Ownership [SDC 5.7-125(13)(s)I
After completing the attached Petition Signature Sheet (Form 1), have the Lane County
Department of Assessment and Taxation certify the ownerships within the proposed annexation
area. (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of
application submittal).
❑ Owners Worksheet
Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors
Worksheet. (Photocopies may be submitted @ Pre-Submittal, with original copies @
time of application submittal).
❑ Supplemental Information Form [soc 5.7-125(B)(1)and (u))
Form 3 (attached) provides additional information for the proposed annexation that is not
requested on the Annexation Application Type IV form, such as special districts that currently
provide services to the proposed annexation area. (Photocopies may be submitted @ Pre-
Submittal, with original copies @ time of application submittal).
❑ Copy of the Deed (required at application submittal)
❑ Copy of Preliminary Title Report (required at application submittal)
Title Report has to be Issued within the past 30 days documenting ownership and listing all
encumbrances.
- Revised 4/8/14 BI Page 10 of 17
ORDINANCE NO. 6387
V
v
o E as o <_ E c
E
O O Vce U C
C O v
m Q O cF 00
d O
xOO �j� C ` ` Ey
x W o ,o . o Q a Eo
W Z � E vin Do 9 v O vv
�y Eo
<" Eo zo \ $ oat
VI d a m c'G
c u
o y r� r E rn >Eti
N - ° Pwc
U -E c L D
Ul
yCVO
= O N N C H r y N
w y O W � o d •1 � p W � �
E0 = tea
a ri c m v d E $ v
Q '5
Z a
N � ,c_, O O C d u VIC
Y u a >
y Z c u - A v ry E
C O G VI r d N jp
LL FOry CYI - L yi
F 16 v1 00
W XN u N O pOj
a\ c � o >
C m u o m
O ¢ u z
F rnv a` v 'u v oma, K
O N i i O I w c
°
c mnv c 'N
E C w o O
O _ Z n c Q I O
L C i d Y
N J O n 0 y D
N E
O ci- r
Z � LdS 6 U
M J m
o ry O N i p •� LL m c ° O V _Oa
v v
¢nom 3 m c ^ < z° ,'o
ORDINANCE NO.6387
Exhibit B 6 of 11
❑ Annexation Description [SDC5.7-125(8)(9))
A metes and bounds legal description of the territory to be annexed or withdrawn must be
submitted electronically in Microsoft Word or a compatible software program. A legal description
shall consist of a series of courses in which the first course shall start at a point of.beginning.
Each course shall be identified by bearings and distances and, when available,:_refer to deed
lines, deed corners and other monuments. A lot, block and subdivision description may be
substituted for the metes and bounds description if the area is platted. The Oregon Department
of Revenue has the authority to approve or disapprove a legal description. A professionally
stamped legal description does not ensure Department of Revenue approval.
❑ Cadastral Map [soc s.7-1zs(a)(18)I
Three (3) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County
Assessor's tax map that shows the proposed annexation area in relationship to the existing city
limits. If Digital Copy (in.pdf format) is not available, Nine (9) full-size paper copies and one (1)
reduced size redline map at 8 1/2 x 31 are required. Paper copy maps must be printed to scale. _
On all submitted maps the annexation area shall be outlined in redline with survey courses and
bearings labeled for cross-reference with the metes and bounds legal description. If the
annexation area extends across more than one tax map,,sufficient copies of each affected tax
map must be provided. Please be aware that annexation redline closures must avoid creating
gaps or overlaps, and may not necessarily correspond with the property legal description.
Cadastral maps can be obtained from the Lane County Assessment and Taxation Office.
❑ ORS 222.173 Waiver Form [soc s.7-12s(B)(8)I
Complete the attached waiver (Form 4). The waiver should be signed by each owner within the
proposed annexation area.
❑ Public/Private Utility Plan [5DC 5.7-125(B)(12))
A plan describing how the proposed annexation area can be served by key facilities and services
must be provided with the Annexation Agreement. Planning and public works staff will work with
the applicant to complete the Annexation Agreement.
❑ Written Narrative addressing approval criteria as specified below. All annexation requests
must be accompanied with a narrative providing an explanation and justification of response with
the criteria stated in the application (also stated below). [soc 5.7-125(B)(13)and (14))
A. The affected territory proposed to be annexed is within the City's portions of the urban
growth boundary and is contiguous to the city limits or separated from the City limits
only by a public right—of-way or a stream lake or other body of water;
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinement plan or Plan Districts;
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
D. Where applicable fiscal impacts to the City have been mitigated through a signed
Annexation Agreement or other mechanism approved by the City Council.
❑Three (3) copies of the previously required information.
ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/z" BY 11" AND BOUND BY
RUBBER BANDS.
Revised 4/8/14 B) Page 11 of 17
ORDINANCE NO.6387
Exhibit B 7 of 11
LANE COUNTY
Property Account Summary
As Of 6/2&2018 Status:Active
Account No.: 0232221 Alternate Property Number: 1703273303100
Account Type: Real Properly
TCA: 01903
Situs Address: 1457 TAMARACK ST
SPRINGFIELD OR 97477
Legal: Township 17 Range 03 Section 27 Cuader 33 TL 03100
Parties:
R.I. Name 8 Address
Owner EICKMEVER ALICE JUNE
1457 TAMARACK ST
SPRINGFIELD OR 97477
Taxpayer EICKMEVER ALICE JUNE
1457 TAMARACK ST
SPRINGFIELDOR 97477
Property Values:
Value Name 2017 2015 201$ 2014 21113
MKTTL $209,335 $194,014 $182,382 $173,0&2 $151.912
AVP $145,126 $140,899 $136.795 $132,811 $128,943
TVR $145,126 $140,899 $136,795 $1321811 $128,943
Property Cherectenstics:
Tax Year Characteristic Value
2017 Property Class 101 Res conforming improved
Change Properly Ratio 1XX Residential
Size 0.17
Code Split N
Neighborhood 191300
Exemptions:
(End of Repwf)
i
Run-62&201811:19:00 AM ASC0037[Ascead-Prod_Rptj page
ORDINANCE NO.6387
Exhibit B 8 of 11
FORM 2
OWNERSHIP WORKSHEET
(This form is NOT the petition)
(Please include the name and address of ALL owners regardless of whether they
signed an annexation petition or not.
OWNERS
Property Designation Assessed Imp. Signed Signed
(Map/lot number) Name of Owner Acres Vdlue Y/ N Yes No
�9-o3•T'1-33-03100 AucE TEICKME` u'/S 14$, 126 Y
TOTALS:
TOTAL NUMBER OF OWNERS IN THE PROPOSAL
NUMBER OF OWNERS WHO SIGNED - )
PERCENTAGE OF OWNERS WHO SIGNED )oo
TOTAL ACREAGE IN PROPOSAL 0- )z
ACREAGE SIGNED FOR O• )g
PERCENTAGE OF ACREAGE SIGNED FOR )PC)
TOTAL VALUE IN THE PROPOSAL 145. 126
VALUE CONSENTED FOR )45 Izle
PERCENTAGE OF VALUE CONSENTED FOR
Revised 4/8/14 BI 14 of 17
ORDINANCE NO. 6387
Exhibit B 9 of 11
FORM 3
SUPPLEMENTAL INFORMATION FORM
(Complete all the following questions and provide all the requested information. Attach
any responses that require additional space, restating the question or request for
information on additional sheets.)
Contact Person: rluG6 T E:)CXMEyE2
E-mail:
Supply the following information regarding the annexation area.
• Estimated Population (at present): 1
• Number of Existing Residential Units:
• Other Uses: -
• Land Area: 0't8 total acres
• Existing Plan Designation(s): L-v+ aE.tsr*v Res�bFNTAL
• Existing Zoning(s): CD2
• Existing Land Use(s): SWGLE' FAMII 'l KESlbe7m .6
• Applicable Comprehensive Plan(s): ME'rKe P' A"
• Applicable Refinement Plan(s):
• Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans..
/tNWEVA1 14 Tu AaOKESS HA2AP.11, DUE To
PAS b S&v 1n Sv 5TE-1
• Are there development plans associated with this proposed annexation?
Yes ✓ No
If yes, describe.
GONNEG N F E Sr N6. DWEt NL � P 6t SAN TA 2N
SER L E N RAG VA ILA
• Is the proposed use or development allowed on the property under the current
plan designation and zoning?
Yes ✓ No
• Please describe where the proposed annexation is contiguous to the city limits
(non-contiguous annexations cannot be approved under 5.7-140, Criteria).
CoNrI&Qol s ALONG 1Vo9-r1- &KtJ AN'p FAS7%" 'lSVvu DAR•1 .
Revised 4/8/14 BI Page 15 of 17
ORDINANCE NO. 6387
Exhibit B 10 of 11
Does this application include all contiguous property under the same ownership?
Yes ✓ 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 &?'Rainbow Water and Fire District
❑ Eugene School District ❑ Pleasant Hill School District
EfSpringfeld School District Cl McKenzie Fire & Rescue
❑ Pleasant Hill REED ❑ Willakenzie REED
❑ EPUD 2-SUB
C2( 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) s. (ZiP) , .(City) (zip)
(Name) - (Name)
(Address) (Address)
(City) '.(Zip) (city) (zip)
Revised 4/8/14 Bl Page 16 of 17
ORDINANCE NO.6387
Exhibit B 11 of 11
FORM 4
WAIVER OF ONE YEAR TIME LIMIT
FOR ANNEXATION PURSUANT TO ORS 222.173
This waiver of the time limit is for the following described property:
Map and Tax Lot Number Street Address of Property (if address has been
assigned)
ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE
We, the owner(s) of the property described above understand the
annexation process can take more than one year but desire to annex to have
City services. Therefore, we agree to waive the one-year time limitation on
this petition to annex established by Oregon Revised Statutes 222.173, and
further agree that this contract shall be effective [ ] indefinitely or [ ] until
Date
Signatures of Legal Owners
Please print or type name I Signature Date Signed
IeM yvn. ,mwry 19,5016
Revised 4/8/14 EJ Page 17 of 17
ORDINANCE NO.6387
Exhibit C 1 of 7
TYPE IV—ANNEXATION 6kORrGO
FIELD
STAFF REPORT AND RECOMMENDATION N
�W 3
FileName: 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 McEachem 541-736-1036
Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293
Building Official Building David Bowlsby 541-736-1029
ORDINANCE NO. 6387
Exhibit C 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 (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 fl'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
ORDINANCE NO.6387
Exhibit C 3 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 SOC 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
ORDINANCE NO.6387
Exhibit C 4 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 LOB 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: hi 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.
ORDINANCE NO.6387
Exhibit C 5 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 1030 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.
Electriclri— 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
ORDINANCE NO. 6387
Exhibit C 6 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 subj ect 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,w
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 Metra Plan and
the Sprineeld 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.
ORDINANCE N0.6387
Exhibit C 7 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 held a Public Hearing and gave 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 now 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 OF-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 adopted after a second
reading on 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/Springfteld 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.6387
ORDINANCE NO.6387
Exhibit D 102
CITY OF SPRINGFIELD
IMPROVEMENT AGREEMENT AND APPLICATION FOR SEWER HOOKUP
Tax Map&Lot Numbers 17032733,3100 (on the date of execution)
I,the undersigned property owner, Alice June E'ckmeyer
hereinafter referred to as Applicant, request permission to Connect the following
described property to the sanitary sewer owned and maintained by the City of
Springfield, hereinafter referred as the City. I therefore agree to pay a charge of$0.68
per square foot of the benefiting property for the first 150 feet of depth as a deposit
against future assessments for sanitary sewer. Area in excess of the above mentioned
150 feet of depth is charged$0.34 per square foot.
Address: 1457 Tamarack Sl Springfield OR 97477 Receipt No.:
li
PROPERTY DESCRIPTION:
Lot 1,Block 4,FIRST ADDITION TO MENLO PARK,as platted and
recorded in Book 27,Page 26,Lane County Oregon Plat Records,in
Lane County,Oregon.
Fee Calculation: 7,993 Sq.Ft.at$0.68 per Sq. Ft. = $ 5,435.24
6 Sq.Ft.at$0.34 per Sq. Ft. e $ V
Total $ 5,435.24
This agreement does not include the cost of a house connection to said City Sewer,
sewer user charges, connection fees, plumbing permits or other such costs to be
assumed by the property owner.
IT IS UNDERSTOOD that the Applicant understands that this agreement is enforceable
by the State of Oregon, Lane County or the City. It is further understood that the
applicant agrees to sign any and all waivers, petitions, consents and all other
documents necessary to obtain the above said sanitary sewer improvement under any
improvement act or proceeding of the State of Oregon, Lane County or the City as may
be proposed or adopted. The applicant agrees to waive all right to remonstrate against
an improvement project for sanitary sewer to be duly initiated by the City Council, but
not the right to protest the amount or manner of spreading the assessment thereof, if
the same shall appear to Applicant to bear inequitably or unfairly upon said property of
Applicant.Applicant's acceptance of the non-remonstrance condition is in consideration
for the City's waiver of the requirement for the immediate construction of the public
improvements that the development necessitates. The improvement agreement waives
the property ownefs right to file written remonstrance. It does not waive a property
owner's right to speak on the proposed district or any related matters orally or in writing.
NOW THEREFORE, the City agrees that 9 Applicant complies with the terms of this
agreement, Chapter 3, Sections 3.350-3.356 of the Springfield Municipal Code and
Ordinance 5584 along with all other applicable laws of the State of Oregon, Lane
County, and the City, the said Applicant shall be entitled to connect the existing
residence to the public sewer systems.
Lane County Clerk Ot8
Lane County Deeds and Records ^L -O,JMg[Lh7Ud
IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 $91.00
03726486201800279850020020
06/19/2018 03:29:05 Pll
RPP-RGFE CnL=2 Stmml5 CASHIER 01
RETURN TO:CIWOF SPRINGFIELD $5.00 $10.00 $10.00 $11.00 $61.00
PUBLIC WORKS DEPT.-225 FIFTH ST.-
SPRINGFIELD,OREGON 97477
ma ppa sswa,gcxun,mmvnalm=annres.,e an REVISED: Ceambe,2015
Page 1 of
ORDINANCE NO.6387
Exhlbil O 2 W 2
The covenants herein contained shall run with the land herein described, and shall be
binding upon the heirs, executors, assigns, administrators, and successors of the
parties hereto, and shall be construed to be a benefit and a burden upon the property
herein described.This agreement shall be recorded in the Lane County Deed Records.
WHEREFORE,the parties have hereunto set their hand this
day of �U 20IF
Signature: f2t,,,7,,,,,
Alice June Eickmeyer N/A
print name (Title 8 Company)
Signature: N/A
N/A N/A
Print name: (Title 8 Company)
State of Oregon
County of J ^r _ } ss
This instrument was acknowledged before me on lA,l^e– –tT
' 20 18
q—Y– , Alice June Zr —
OFFICIAL"TAMP
xATRINA"1111131
1
10 NOTARY PUBLICO W7ON -��r I 1 lift A L.�
NOMMIY PUBLI -C YBIYBE W Lwh'a"'"'
W cwxlFsloxFina;s ocmea n,am Not q Public for Oregon
CITY OF SPRINGFIELD
By
Chris Moorheatl-City Surveyor J
State of Oregon
CouNTYoF LANE I ss
This instrument was acknowletlgad before me on 2018
by CHRIS MOORHEAD as CITY SURVEYOR
of the CITY OF SPRINGFIELD
i
OFFICLLMff P
JOII�TIUM Lff OPoYCOLL �p✓Z Gift / l 4.onCC-I
NOTARY PUBLIGOREGON NOIa Public for Oregon �
COMMIaeION NO.Yfi9A0r rY g
W CONYISSIDX FYFRSFECEYMPOF.bEI ,
FINANCE DEPARTMENT INFORMATION:
Trunk Sewer ^'/A Lateral Sewer NSA
ix�rzmmertv[vxXi�mxixe�mmn n 11-miira„Buniwna.Ma—I-- REVISED. cewm lou
Pp 2a2
ORDINANCE NO. 6387