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HomeMy WebLinkAboutOrdinance 6388 09/17/2018 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ARRA AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY(PUBLIC RIGHT- OF-WAY AT 191" STREET AND YOLANDA AVENUE) 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, consistent with SDC 5.7-125.A and ORS 222.111(2), the Common Council of the City of Springfield initiated the annexation of said territory by adoption of Resolution 2017-07 on March 6, 2017 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 (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, the territory proposed for annexation consists of linear segments of public right-of-way already dedicated and improved as 19" Street and Yolanda Avenue in the Hayden Bridge neighborhood of North Springfield, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance; and WHEREAS, a Staff Report Exhibit C was presented to the City Council with the Director's recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7-140.B], and to withdraw the subject territory from the Rainbow Water District as the City of Springfield by and through the Springfield Utility Board would provide water service directly to the area after it was annexed to the City; and WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, 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 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 4. 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 5. 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 fling 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 1Z day of Sept. 2018, by a vote ofd_for and_0 against. (2 absent - Pishioneri & Stoehr) APPROVED by the Mayor of the City of Springfield this__IZ__day of_ca_p+e_n_,or , 2018. Mayor ATTEST: REVIEWED&APPROVED AS T F City ecorde DATE: OFFICE OF I ATTORNEY ORDINANCE NO.6388 Exhibit A 1 of 8 ANNEXATION LEGAL DESCRIPTION — 19TH STREET A portion of the 191h Street right of way in Lane County, the State of Oregon, situated in the North half of Section 25 and the South half of Section 24, Township 17 South, Range 3 West, Willamette Meridian, being further described as follows: Beginning at the Initial Point of NICOLE PARK, as filed for public record in the Office of the Lane County, Oregon County Clerk, at File 74, Slide 30, on December 21, 1992; thence on the following thirteen (13) numbered courses: 1) South 00° 02' 00" East 260.04 feet, more or less, on the Westerly line of the said plat and on the Easterly right of way Of 191h Street to the southwest corner of said plat; thence leaving said plat line and right of way 2) South 88° 30' 27" West 73.02 feet, more or less, to a point on the Westerly right of way of 19'h Street; thence on said right of way the following seven (7) courses: 3) North 000 02' 00" West 102.22 feet, more or less; thence 4) South 89° 58' 00" West 5.00 feet, more or less, to the southeast corner of Parcel A of a plat; thence 5) North 00° 20' 42" East 286.13 feet, more or less, to a point on the Southerly right of way of Rambling Drive; thence 6) North 00° 13' 24"West 99.55 feet, more or less, to a point on the Northerly right of way of Rambling Drive; thence 7) North 00° 13' 20" West 309.56 feet, more or less; thence 8) North 89° 58' 00" East 4.46 feet, more or less; thence 9) North 00° 02' 00" West 1,507.46 feet, more or less, to a point on the Southerly right of Yolanda Street; thence leaving the Westerly right of way of 19m Street 10) North 89° 51' 09" East 80.00 feet, more or less, to a point on the Easterly right of way of 191h Street at the most Northerly Northwest corner of CASEY MEADOWS as filed for public record in the Office of the Lane County, Oregon County Clerk, at Instrument Number 2004-083535, on October 29, 2004; thence on said easterly right of way the following 3 courses: 11) South 440 59' 47" West 28.27 feet, more or less; thence ORDINANCE NO.6388 Exhibit A 2 of 8 12) South 00° 02' 00" East 2,023.19 feet, more or less; thence 13) North 89° 58' 00" East 13.00 feet, more or less, to the point of beginning. Containing 144,544 square feet, more or less. Basis of bearing for this description is NICOLE PARK. ORDINANCE NO. 6388 EE7 Eg �� fl ' 00-6 0 3s = -Af °e • .. f �'� °d�!- °� E _.------- . — _ A $- S � ll # 58 N a� ------------------- - l 5 CD r wa �Q P ORDINANCE NO.6388 ) \ _ _ \ > " --- ---- --- ! 2 \ © ! ~ / ~� � - & �« » \ ` \ / i i R%8 ` t • © � ` o ;7 : ; « - - y ; - - w , - � - � � \ ! R ( � } � ) G \.d . \ ) \ \ \ \ !. » � 2 ` \ p ; . «\ R " \ \ - . . . . r r � � ORDINANCE . & , un . _ee6388 \ . J \ = - . ® � { i \ ! - --- -- - ------ . > - � - y—-\ a ! \ . . y \ \ � • . e � 2 , ® � ® ° « » « / 2 . . dGBQ2j ` r . . � m6388 > � \» ! \ \ ) _ �y- - ! . �� m : . . \ . - . , --} y . , y ewe Exhibit A 7 of 8 ANNEXATION LEGAL DESCRIPTION — YOLANDA STREET A portion of the Yolanda Street right of way in Lane County, the State of Oregon, situated in the South half of Section 24, Township 17 South, Range 3 West, Willamette Meridian, being further described as follows: Beginning at the most Northerly Northwest corner of CASEY MEADOWS as filed for public record in the Office of the Lane County, Oregon County Clerk, at Inst. Number 2004-083535, on October 29, 2004; thence on the following ten (10) numbered courses: 1) South 89° 49' 25"West 80.00 feet, more or less; thence 2) North 00° 10' 35" West 65.00 feet, more or less, to a point on the Northerly right of way of Yolanda Street; thence on said right of way the following five (5) courses: 3) North 89° 49' 25" East 359.63 feet, more or less; thence 4) North 00° 10' 35"West 5.00 feet, more or less, to the Southwest corner of Lot 1, Block 2 of a plat; thence 5) North 890 49' 25" East 325.86 feet, more or less, to the Southeast corner of Lot 1, Block 1 of a plat; thence 6) South 00° 10' 35" East 10.00 feet, more or less, to the Southwest corner of Lot 1, Block 1 of a plat; thence 7) North 89° 49' 25" East 630.12 feet, more or less; thence leaving the Northerly right of way of Yolanda Street 8) South 00° 10' 35" East 30.00 feet, more or less, to the Northeast corner of RANCH MARKET PLAT as filed for public record in the Office of the Lane County, Oregon County Clerk, at Book 26, Page 8, dated December 13, 1957; thence 9) South 00° 10' 35" East 30.00 feet, more or less, to a point on the Southerly right of way of Yolanda Street and the Northeast corner of Lot 1, Block 1 RANCH MARKET PLAT; thence on said right of way 10) South 89° 49' 25"West 1,235.61 feet, more or less, to the point of beginning. Containing 83,993 square feet, more or less. Basis of bearing for this description is CASEY MEADOWS. ORDINANCE NO. 6388 � ------------ -- \ \ \ /\ --------- � J ��� \ \ ---- \ � - 4 � � \ } , , o ® y / � . \ a � ; �- Exhibit B 1 of 1 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. 7017-07 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE WHEREAS,the City Council is authorized by Section 5.7-125 of the Springfield Development Code to initiate annexation of contiguous property to the City Limits of Springfield, and; WHEREAS,the property to be annexed is publicly owned property and rights of way, and; WHEREAS,the territory to be annexed is within the Springfield Urban Growth Boundary, and is contiguous to the City of Springfield and can be provided with a full range of key urban services including sanitary sewer, water, storm drainage, police and fire protection, electrical service and land use controls, street lights and paved streets, recreational facilities and library. WHEREAS, annexation procedures shall be initiated and followed in accordance with the public notice and hearing process, criteria of approval and ordinance adoption procedures contained in Springfield Development Code Section 5.7—Annexations. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The Common Council of the City of Springfield does hereby announce its intention to conduct a public hearing to consider annexation of territory generally described as follows: publicly owned rights of way comprising an approximate 2,340 foot segment of 1914 Street between Yolanda Avenue and the existing City limits approximately 147 feet south of the Bonnie Lane intersection and an approximate 1,250 foot segment of Yolanda Avenue between the intersection of 19" Street and the existing City limits at the intersection with 23rtl Street. Said territory is generally depicted on Exhibit 1 attached hereto. Section 2: As part of the consideration of the annexation action, City Council directs staff to review the affected territory for any potential survey gaps and, if any exist, to dose such gaps to create contiguous annexation territory as depicted in Exhibit 2 attached hereto. Section 3: This Resolution will take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 6 day of MARCH 2017 by a vote of 6 for and 0 against. I Mayo . ATTEST: REVIEWED&APP OVED City Re,ofde DATE: OFFICE OF C TY ATTORNEY ORDINANCE NO.6388 Exhibit C 1 of 7 SPRINGFIELD TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION OREGON Proposrd for Was File Name: 19's Street&Yolanda Ave.Annexation Applicant: City of Springfield Case Number: 811-18-000101-TYP4 Proposal Location: Segment of 19`'Street between Bonnie Lane and Yolanda Avenue;and segment of Yolanda Avenue between 10 Street and 23`'Street Current Zoning& Comprehensive Plan Designation: Low Density Residential(LDR) Applicable Comprehensive Plans: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: July 23, 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 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 ORDINANCE NO.6398 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: Because the subject annexation request was initiated by resolution of the City Council, and the supporting application materials were prepared by staff,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.A and ORS 222.111(2), an annexation application may be initiated by City Council resolution. Additionally, in accordance with SDC 5.7-125.8.3, the City Council may adopt a resolution to initiate a boundary change, including but not limited to public land and other publicly owned rights-of-way. Finding: The City Council initiated the subject annexation action by adoption of Resolution 2017-07 on March 6, 2017(Attachment 4,Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of linear segments of public right-of-way for 19' Street and Yolanda Avenue that are currently outside the City limits. The rights-of-way are developed as public streets and will remain public streets upon annexation. Recently, Lane County completed street resurfacing and other improvements along the 19's Street and Yolanda Avenue corridor to bring these streets up to urban standards. In accordance with an agreement between Lane County and the City of Springfield, transfer of jurisdictional and maintenance responsibilities for these segments of 19' Street and Yolanda Avenue is to occur now that the road improvements are completed. The area proposed for annexation is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits at the southern end new Bonnie Lane, at the eastern end at 23rd Street, and at a few other locations along the linear corridor. The requested annexation territory is approximately 3,700 linear feet and comprises about 5.25 acres. Although public streets are not typically "zoned", the rights-of-way are within areas that are zoned and designated Low Density Residential (LDR)with an Urbanizable Fringe Overlay(UF-10)applied. The full range of City utilities(including sanitary sewer service)are available along the 19'" Street and Yolanda Avenue corridor. Because the subject rights-of-way are intended to remain as developed public streets an Annexation Agreement is not warranted for this annexation request. Existing public services ate 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 Rainbow Water District). Springfield Utility Board (SUB)operates the existing water utility infrastructure in the incorporated areas adjoining the subject site, while Rainbow Water District serves other unincorporated properties in the vicinity. Upon annexation, the existing Rainbow Water District water mains will be transferred to SUB Water ownership and control. SUB also provides electrical service to the proposed annexation area. Upon annexation, the City of Springfield will be responsible for all when services,including sewer,water,electricity and police/fire response to the public rights-of-way. 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 Lane County Board of Commissioners. ORDINANCE NO.6388 Exhibit C 3 of 7 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 nine public places in the City: at six locations along the Wh Street and Yolanda Avenue corridor; 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 31,2018, Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.7-140,Criteria. - Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan(Metro Plan). The area requested for annexation abuts the Springfield city limits at the southern end near Bonnie Lane, at the eastem end at 23`d Street, and at a few other locations along the corridor. 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: The territory requested for annexation is within a district 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 in December, 2016 (Ordinance 6361). There are no proposed changes to the current zoning or plan designation,although the Urbanizable Fringe(UF-10) overlay will be effectively removed upon annexation of the public rights-of-way. Finding: The public rights-of-way proposed for annexation have been improved to urban standards consistent with Policy 3 of the Springfield 2030 Refinement Plan—Urbanization Element. Finding: The continued annexation of properties and public road rights-of-way to the City of Springfield is ORDINANCE NO.6388 Exhibit C 4 of 7 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: 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: 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 the Hayden Bridge neighborhood. 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: Upon annexation of the subject territory,the Rainbow Water District water mains within the 19'h Street and Yolanda Avenue rights-of--way will be transferred to SUB Water and become part of the SUB water service system. Finding: After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized by an intergovernmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to territory within the City of Springfield. The subject annexation area is currently zoned and designated for Low Density Residential use, but the zoning will be largely a moot point as the affected rights- of-way are to be retained for use as urban collector streets. Conclusion: The proposal meets and complies with criterion B,Subsection 5.7-140. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner;and Finding: In accordance with Policy 29 of the Springfield 2030 Refinement Plan — Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in. accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs;electric service; land use controls;communication facilities;and public schools on a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan— Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits at the southern end of 19" Street near Bonnie Lane,at the eastern end of Yolanda Avenue at 23'Street,and at a few other locations along the corridor. Urban utilities have been or will be extended along the entire corridor to serve adjacent properties and areas beyond the linear annexation territory. Therefore, the subject rights-of-way have urban service delivery systems that we already 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 Springfield that are adjacent to the rights-of-way requested for annexation. As noted above, upon annexation the water system infrastructure within the public rights-of-way would be transferred to SUB Water in accordance with ORDINANCE NO.6388 Exhibit C 5 of 7 an agreement between Rainbow Water District and the Springfield Utility Board. Electrics — SUB Electric provides service to the Hayden Bridge neighborhood and SUB owns and maintains electrical system infrastructure along the 19m Street and Yolanda Avenue corridor. Existing electrical system infrastructure within the affected 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 the Hayden Bridge neighborhood that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriffs Department. Upon annexation,this area will receive Springfield Police services on an equal basis with other properties and public rights-of-way 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 rights-of-way 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 Springfield School District serves the Hayden Bridge neighborhood and, in fact, the annexation territory adjoins Yolanda Avenue which runs along the frontages of Yolanda Elementary School and Briggs Middle School. However, based on the continued use of the public rights-of-way as part of the local transportation system, it is not expected that the annexation territory would generate any permanent residents and/or school-age population in the future. Sanitary Sewer — The annexation territory contains existing public sanitary sewer lines that run along 19ih Street and portions of Yolanda Avenue to the east of 10 Street. Sanitary sewer laterals have been connected or stubbed into numerous property frontages adjoining the annexation area. However, annexation of the abutting properties will be required before sanitary sewer service can be provided. Stormwater — The subject annexation territory is served by existing public storrawater management systems in the 19'"Street and Yolanda Avenue rights-of-way. Extension and expansion of the public stormwater system can occur as adjoining properties are annexed and developed. Streets—The subject annexation area represents segments of existing public streets that have been developed to urban collector standards with curb,gutter and sidewalk, striped vehicle and bicycle lanes,and street lighting. Solid Waste Management — The City and Sampac have an exclusive franchise arrangement for garbage service ORDINANCE NO. 6389 Exhibit C 6 of 7 inside the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac,although it is unlikely that the existing public rights-of-way would normally generate the requirement for trash and recycling service. Communication Facilities — Various providers offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls — The annexation area is within Springfield's urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Soring7eld 2030 Refinement Plan—Urbanization Element 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 area proposed for annexation is already under public ownership and improved with transportation and utility infrastructure. Therefore,an Annexation Agreement is not warranted for this annexation request. Conclusion: The proposal meets and complies with criterion D,Subsection 5.7-140. DDiECTOR'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 for the subject annexation request and gave first reading to the Annexation Ordinance. Two people testified at the public hearing but indicated that their concerns had been substantially addressed by the staff presentation and response to questions. 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. The subject rights-of-way will continue to be used as developed public streets. Effective Date and Notice of Approved Annexation(SDC 5.7-155): The annexation ordinance was granted first reading by the City Council on September 4, 2018. If given second reading and adopted at the regular meeting 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 ORDINANCE NO.6389 Exhibit C 7 of 7 City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150. Finding: The annexation area is within the delineated service territory of SUB (electric) and the Rainbow Water District (water service and contracted fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Rainbow Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance No.b3BB_. ORDINANCE NO. 6388