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HomeMy WebLinkAboutItem 04 Wiechert AnnexationAGENDA ITEM SUMMARY Meeting Date: 11/19/2018 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541/726-3784 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX A SINGLE RESIDENTIAL PARCEL LOCATED ON THE EAST SIDE OF SOUTH 42ND STREET APPROXIMATELY 250 FEET NORTH OF JASPER ROAD (MAP 18-02-05-24, TAX LOT 6300). ACTION REQUESTED: Conduct a second reading and adopt/not adopt the following ordinance: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY (VACANT PARCEL IDENTIFIED AS TAX LOT 6300 WITHIN ASSESSOR’S MAP 18-02-05-24) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT (SECOND READING). ISSUE STATEMENT: The City Council is requested to consider an ordinance to annex a vacant 1.92-acre residential parcel that is located on South 42nd Street, just north of Jasper Road, in south Springfield. The proposed annexation is requested to facilitate development of a residential subdivision on the property. ATTACHMENTS: Attachment 1: Staff Report and Recommendations Attachment 2: Location Maps Attachment 3: Public Comments Attachment 4: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application Exhibit C: Staff Report and Recommendations Exhibit D: Annexation Agreement DISCUSSION/ FINANCIAL IMPACT: The City Council conducted a public hearing and gave first reading to the Annexation Ordinance at the regular meeting on November 5, 2018. At the public hearing, one person provided neutral testimony regarding a public utility easement affecting their property and staff provided clarification on the issue. No other testimony was provided at the public hearing meeting. In accordance with SDC 5.7-155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State, whichever date is later. The subject property is currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied and is located inside the City’s Urban Growth Boundary. According to the 2017 Lane County Assessment and Taxation records the property has an assessed value of $53,768. The territory requested for annexation is located north of Jasper Road and extends from South 42nd Street to the South 43rd Street corridor. A segment of the South 43rd Street right-of-way extending northward from the subject parcel is proposed for annexation concurrently with the property. Urban services are available to serve the subject property, including sanitary and storm sewer, water, electricity and telecommunications. The applicant is proposing to extend public utilities from connection points in the vicinity to serve the subject property. As outlined in the attached staff report (Attachment 1), the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Refinement Plan – Urbanization Element. The attached staff report also confirms the request meets the criteria of approval for annexations established in Section 5.7-140 of the Springfield Development Code (SDC). The applicant has executed an Annexation Agreement with the City that allocates financial responsibility for the provision of urban utilities and services to the property (Attachment 4, Exhibit D). Recommendation: The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council approval to annex this property to the City and Willamalane Park & Recreation District, and withdrawing same from Willakenzie Rural Fire Protection District is consistent with all applicable laws. TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Wiechert Annexation Applicant: Bruce Wiechert Custom Homes Inc. Case Number: 811-18-000173-TYP4 Proposal Location: East side of South 42nd St. just north of Jasper Road (Map 18-02-05-24, TL 6300) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: September 20, 2018 Associated Applications: 811-18-000106-PRE (Development Issues Meeting) 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 Bowlsby 541-736-1029 S 42nd St Jasper Rd S 43rd St Property Proposed for Annexation Jasper Rd City Limits City Limits Attachment 1, Page 1 of 7 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications, unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on July 19, 2018 (Case 811- 18-000106-PRE). 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 4, Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of a rectangular 83,424 ft2 (1.92-acre) residential parcel that is currently vacant. The property is located on the east side of South 42nd Street approximately 250 feet north of the intersection with Jasper Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern and western boundaries. Concurrent with annexation of the subject property, a segment of South 43rd Street extending northward to the City limits line is proposed for annexation. The linear segment of right-of-way proposed for annexation extends approximately 200 feet northward from the northern boundary of the subject property. 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 a future residential subdivision of the property. The applicant is proposing to construct an east-west segment of Horace Street between South 42nd and South 43rd Streets and extend public utilities to serve the planned subdivision. A public sanitary sewer line would be extended south along the South 43rd Street alignment to an existing stub on Jasper Road. The South 42nd Street frontage of the property is considered improved to urban standards but the applicant will be responsible for improving the Horace Street extension through the property, and dedicating and improving portions of the South 43rd Street frontage. For this reason, the applicant has executed an Annexation Agreement with the City that outlines the applicant’s responsibilities and financial obligations for provision of public streets, utilities, and services to the property (Attachment 4, Exhibit D). 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 Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontage. Unincorporated properties in the vicinity are served by individual wells as there is no water district in this area of south Springfield. 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 October 16, 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 Attachment 1, Page 2 of 7 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 November 5, 2018 public hearing was published in The Register- Guard on October 22 and 29, 2018. Posted Notice. Notice of the November 5, 2018 public hearing was posted in five public places in the City: along the property frontages on South 42nd and South 43rd Streets; 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 September 25, 2018. Finding: Staff received written comments from an adjacent property owner prior to the annexation request being filed with the City. The written comments have been included as Attachment 3 to the AIS. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.7-140, Criteria. Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and as more specifically detailed in the adopted Springfield 2030 Refinement Plan – Urbanization Element. The property requested for annexation abuts the Springfield city limits along the northern and western 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 Attachment 1, Page 3 of 7 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 by LCDC. 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 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 Willakenzie Rural Fire Protection District. The rural fire district has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of south Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.510, 222.520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene & Springfield will provide fire protection service directly to the annexation area. Finding: In accordance with Policy 33 of the Springfield 2030 Refinement Plan – Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. Finding: In accordance with Policy 34 of the Springfield 2030 Refinement Plan – Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Refinement Plan – Urbanization Element, the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate future subdivision of the property and construction of residential dwellings. Public sanitary sewer service is available at multiple locations in the immediate vicinity and the applicant has elected to extend a public sewer line southward along the South 43rd Street alignment to an existing stub at Jasper Road. Finding: The property owner submitted an application for annexation to the City (Attachment 4, Exhibit B), and executed an Annexation Agreement which was recorded at Lane County Deeds & Records as Document #2018- Attachment 1, Page 4 of 7 043755 (Attachment 4, Exhibit D). Finding: After the public hearing and upon Council adoption of the annexation Ordinance, should this occur, 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. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding: In accordance with Policy 29 of the Springfield 2030 Refinement Plan – Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Refinement Plan – Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan – Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits along the northern and western boundaries. Urban utilities have been extended along adjacent public streets and are available 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 or can be logically extended from points in the vicinity to serve the subject property. 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 south Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the applicant will be eligible for extension of public water lines necessary to serve the planned subdivision of the property. Electricity – SUB Electric provides service to the neighborhoods in south Springfield that are located to the north of the Mt. Vernon Road alignment. SUB owns and maintains electrical system infrastructure along South 42nd and South 43rd Streets, and Jasper Road. 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 south 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 the Willakenzie Rural Fire Protection 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 Attachment 1, Page 5 of 7 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 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 area of south Springfield. Based on the planned subdivision of the subject property and construction of residential dwellings, it is expected that the annexation territory could generate permanent residents and a school-age population in the future. Sanitary Sewer – The annexation territory does not contain existing public sanitary sewer lines but connection points are available in the immediate vicinity. As detailed in the executed Annexation Agreement, the applicant will be responsible for extension of public sanitary sewer lines necessary to serve the planned residential subdivision on the property. Currently, the applicant proposes to extend sanitary sewer service from a connection point near the intersection of Jasper Road and the South 43rd Street alignment. Stormwater – The subject annexation territory is not currently served by public stormwater management systems except for the improved South 42nd Street frontage. Extension and expansion of the public stormwater system will occur concurrently with construction of public streets and utilities necessary to serve a residential subdivision on the property. Streets – The subject annexation area abuts South 42nd Street, which has been developed to urban standards with curb, gutter and sidewalk, lane striping, street trees, and street lighting. The eastern edge of the annexation area abuts South 43rd Street, which is not currently annexed and developed to urban standards. With annexation and development of a residential subdivision on the property, the applicant will be responsible for dedicating and improving a segment of South 43rd Street along the eastern boundary. Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac. Communication Facilities – Various providers offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls – The annexation area is within Springfield’s urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Springfield 2030 Refinement Plan – Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with criterion C, Subsection 5.7-140. Attachment 1, Page 6 of 7 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 vacant parcel that is planned for a residential subdivision. The property owner has executed an Annexation Agreement with the City that outlines the applicant’s financial responsibility for provision of public streets and utilities necessary to serve the property, including extension of public sanitary sewer. Upon annexation and approval of a Public Improvement Permit for the project, the property owner will be responsible for the cost of constructing the public improvements necessary to serve a residential subdivision of the property. Therefore, any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. 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 Willakenzie Rural Fire Protection District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On November 5, 2018, the City Council held a Public Hearing for the subject annexation request 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 take action to approve, modify, or deny the Annexation Ordinance. Finding: At the public hearing meeting, an adjacent property owner provided neutral testimony regarding a newly-created public utility easement along their eastern boundary. Staff provided clarification on the matter to address the respondent’s inquiry and no other testimony was provided at the public hearing meeting. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential (LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the property will retain the LDR zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted second reading and adopted by the City Council on November 19, 2018, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around December 19, 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 water) and the Willakenzie Rural Fire Protection District (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 Willakenzie Rural Fire Protection District was in the best interest of the City. The withdrawal decision was codified in Ordinance No. . Attachment 1, Page 7 of 7 LOCATION OF PROPERTY PROPOSED FOR ANNEXATION  SITE Attachment 2, Page 1 of 2 811-18-000173-TYP4 – PROPOSED ANNEXATION OF 1.85-ACRE RESIDENTIAL PARCEL AND SEGMENT OF SOUTH 43RD ST. SOUTH 42ND STREET NORTH OF JASPER ROAD (MAP 18-02-05-24, TL 6300) SITE CONTEXT MAP Jasper Rd S 42nd St Jasper Rd S 43rd St SITE Attachment 2, Page 2 of 2 Attachment 3, Page 1 of 6 Attachment 3, Page 2 of 6 Attachment 3, Page 3 of 6 Attachment 3, Page 4 of 6 Attachment 3, Page 5 of 6 Attachment 3, Page 6 of 6 Page 1 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY (VACANT PARCEL IDENTIFIED AS TAX LOT 6300 WITHIN ASSESSOR’S MAP 18-02-05-24) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; and WHEREAS, a request to annex certain territory was submitted on September 20, 2018, said territory being Assessor’s Map Township 18 South, Range 03 West, Section 15, Map 24, Tax Lot 6300, which is vacant and not assigned a municipal address, 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, 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 western and northern boundary [SDC 5.7- 140.A]; and WHEREAS, the annexation is consistent with the Springfield 2030 Refinement Plan – Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; and WHEREAS, upon annexation the Urbanizable Fringe Overlay District (UF-10) shall cease to apply to the property and the underlying Low Density Residential zoning is retained in accordance with SDC 5.7-150.A; 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 Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield will continue to provide emergency response services directly to the area after it is 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 applicant and City have executed an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for provision of sanitary sewer service and other necessary utilities to the property; and Attachment 4, Page 1 of 23 Page 2 of 2 WHEREAS, on November 5, 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 Willakenzie Rural Fire Protection 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 Willakenzie Rural Fire Protection District shall become effective July 1, 2019. Section 4. The City Manager or the Development and Public Works Director shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 6. Effective Date of Ordinance. This Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever is later. ADOPTED by the Common Council of the City of Springfield this day of , 2018, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of , 2018. ATTEST: Mayor City Recorder Attachment 4, Page 2 of 23 +*** ****************************+********** ******************************** *** *********************************** ********************(((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( ( (( ( ( ( ((( ((((((((((((((((((((((((( ((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( ( (((((((((((((((((((((((((( ((((((((((((( ((((((((((((((((((((((((((((((((((((((((((((((( (( ( ((( (( (( ( (( ( (((( ( (( ( (( (( ( (((( ((( ( ( ( ( (( ( ( ( ( ( ( ((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((R R R R ( ( 55.6' NOTE: PT. IS S89°58'30"E 1988.85'AND N0°25'E 2212.23' FROMTHE SW COR. D. ARTHUR DLC 63 226.62'100'108.6'N89°52'E N89°52'E 108.6'N72°03'40"E 102.79' N64°34'40"E 1 1 8. 06'N37°52'ER=46'N88°13'W21'WEST 250.51' 120'75'75'75'75'N89°04'48"W 120' 120' 120'N0°03'E 150'S0°03'W 150'30' 30' 25' 437.12' 437.12' S89°10'E 437.12' 40'100'100'100'100'100' 100'80'98.56' 180'20'94.47'85.53'N48° 4 7 ' 4 1 " W 1 8 0 ' 114.8'N00°08'WS89°21'E S89°21'E 303.5'118.56' 25'25'N00°03'E305.56'94.47'ROADPUBLIC300'100'100'200'S89°10'E 453.24'100'100'128.31'108.31'108.31'108.31' S89°10'E 423.24' 6101 N00°03'E100'453.24' 453.24'423.24'401.27'397.51'399.39'395.63'403.5'S89°10'E 108.31'108.31'108.31'118.56'98.56'220' 128.31' JASPER ROAD COUNTY ROAD 65'65'62'62'62'62'62'62'62'62'62'62'60'60'63'63'60'60'60'60'63'63'60'60'60'22'38.06'108.60' 108.60' 108.60' 108.60' 108.60' 108.60' 108.60' 108.60' 108.60' 108.60' 106.45' 109.39' N89°52'E 114.27' N89°52'E 60' N89°52'E N89°52'E N89°52'E 108.60' N89°52'E 108.60'3'65'11 10 9 8 7 6 5 4 3 43 42 41 40 37 36 35 N00°08'WSTREET44TH100'101.01'N00°08'W77.03'68.77'N00°50'E120'50'75'91.52' 63.22'60'84.6 9'120.02'23. 2 0 '55.43'R=1 5 'LC= 2 5 ' 24.51 ' 3 5 ' 2 4 .2 8' 67.29'71'64.28'N14°35 'W64.86 'N00°08'W99.98'68.98' 92.41' 29.98'34.79 ' 100' 82.55'80' 30'30' 80'120'120'50'35.05'22.6 4 ' 93.71' 1 2 44 45 60 5961' 100.4'61'99.98'99.98'N00°50'E67.10'R=366.85' S23°22'ER=350' TC=24°20'N00°50'EKALMIA STREETS89°10'E30.07 ' 129.98' 104.58' 85' 81.98' 84' 80'80' 80'80'120'120'120'N00°50'EN00°50'EN00°50'EN00°50'EN89°10'W 25'25'25'25'21.21'70.43' 75'32.79'52.40'94.58' S89°10'E 106.15'80'32.79'32.27'N04°32'ES00°08' 320.99'70.89'70.97'73.80 ' S57° 5 0 ' 1 5 " E 117.12'LC=N21°46'43"E46 47 48 49 50 61 49.56'60.02'22.56'S18°02'10"W75.03'N04°38'30"E94.12'21 . 8 4 ' LC= 1 4 . 0 6 ' N60 ° 0 7 ' 3 0 " ER=46'2 2 . 3 4 ' S60° E 77' 22.34'48.85'24.53'S56° 5 6 ' 4 0 " E 105.0 7 '92.27'53'63 25'25'LC=112.18'L=113.58'S24°38'W77.94'60.67' 120'34.05'LC=5.95'N63°42'30"WN08°E 102.87'N33°03'20"E 145.27'99.75'85'106.91'NORTH 91.61'40.02' 4 0 . 0 2 '40.02'40.02'99.87' N00°08'W62 N37°56'ELC=35.01'S83°43'E118.09'135.22' N42°26'EN74°28'E LC=35.01'S49°59'E42.73'80.27'123'90.48'S00°45'WLC=35.01' S54° 0 2 ' 4 0 " E 108. 6 ' 84.06'EAST 148 . 5 ' S43 ° 5 4 ' 5 0 " E LC=35.01'S45°29'W1 1 0 . 2 9 'N2 3 °W N89°52'E 142.09'LC=35.01'N89°47'W64 65 66 67 68 92.42' JESS I C A S T 39 38 142.41' N00°08'WR=275' TC=46°10'260045 TH1 2 4 . 8 2 ' 2ND AD D 2 ESTATES THIRDADDITION30' N 2 1 ° 4 8 'W 3 2 4 . 8 2 'S21 ° 4 8 ' E 3 0 0 ' 50' 3 5 '185.32'N79°46'22"W 32.04'28.02' 50' 155' 6 0 'COLE S 21 ° 4 8 'E 2 6 5 'WY76.57 ' N55° 3 0 ' 4 0 " W 3 S89°13'03"E 298.42'170'128.42' 83.56'30.13'128. 6 3 ' S53 ° 3 7 ' 1 0 " E N12°47'25"E88.6'N64°19'53" E 129.53' S64°56' 3 5 " E 128.65'N2 1 ° 48 ' E 1 1 0 ' 1 0 0 ' 100' 23' 79.83' N68°12'E 148'21'N2 1 ° 4 8 'W N52°06'44"W LC=74.25'N19°42'22"E107.24'LC=41.19'N09°46'52"E LC=50.38'N69°35'17"ELC=40'N51°26'31"WLC=39.41'S00°17'52" E L C = 3 3 . 8 2 ' S 4 6 ° 3 7 ' 2 1 "W MT VERNON125.14'S00°46'47"W10.30' R-93.98' TC=67°25'03"25'50'25'R= 46 ' 11 11 12 10 9 8 7 INITIAL POINT 64.20' 64.20' 52.25' 52.25'52.25'52.25'52.25'52.25'52.25' 50.64'55.21' 47'52.25'52.25'50.64'41.70'99.51'111.50'111.50'111.50'111.50'111.50'111.62'114.75'125.14'S00°46'47"WS00°46'47"WS00°46'47"WS00°46'47"WS00°46'47"WS00°46'47"WS00°46'47"WS00°46'47"WS00°46'47"W25'25'6900 S89°13'13"E 337.75' 17. 0 9 '16.86'42.84' 33.55'54.5'54.5'55'55' N85°41'09"W LC=52.35' S85°57'13"E LC=52.33' LC = 5 . 25 'N8 8 ' 5 5 '3 1 "WLC=27.96'N81°10'10"W122.16'LC=24.81'S81°08'34"ELC=33.81'S87°19'09"E LC=21.44'N87°52'05"WN83°04'11"WLC=55.71'S82°30'28"ELC=51.74'46.47'64.60'S22°42'05"W67.83'N89°13'13"W 63.40'S22°42'05"W 217.36'53.85' 41.50'126.40'S08°18'19"W 191'56.79' 42.92' 56.79' 56.79' 48.59'54.50'53.12'115.90'127.16'S0°46'47"WS0°46'47"WS0°46'47"W126.42'S0°46'47"W138.42'S0°46'47"W152.57'33.24'45.76'21. 4 1 ' 101'21.21'45.67'65'LC=4.25' N00°20'15"E 10'10'116.39'LC=14.25'N01°26'50"E90'LC=62.84'LC=58.50'N23°29'51"EN10°00'42"ELC=N35°54'51"E54.01'50.85'LC=22.55'LC=N41°09'45"E162.23' 130.53'85'80.65'S68°36'E S77°41'E5800 5600 5500 47.02'122.74'N89°10'W 169.76'S00°08'E 491.42'REPLATS54° 5 5 ' 3 0 " E 166. 1 3 ' MEADO WSLUCERNE 55 54 570053 52 51 69N37°52'E 187.05'176.12'N30°03'EN23°22'E139.92'N16°07'E115.07'N08°52'E 100.24'33.08'69.92'103' 28.97' 90' 90' 67.73' 72N55°45'30"W LC=52.48' N70°15'30"W 71 LC=52.48' N77°30'30"W 70LC=52.48'LC=65.12'S85°38'E S85°38'E LC=65.12'7.08'N08°42'40"E101.41'LC=57.9'140'74 73 LC=57 . 9 ' LC=57.9'12.01'LC=35.01' N29°46'W IVY ST25'25'50'STR=390' TC=38° N89°52'E N00°08'WR=233.36' TC=47°08'415'40'40'35'328.71'SOUTH 331.74'332.82'NORTH 333.89'224.89'80'80' 80'80'222.52'S89°59'52"W 382.52' 103.01'88.61'90'NORTH103'24.59'88.02'LC=63.55'S03°30'W106.88'92.42'S07°WEAST118.13'91.73'SOUTHLC=64.43'S21°13'12"WN54° 3 7 ' 0 3 " W 173.4 9 '160.53'100'100'100'100'381.78' 381.05'S89°59'52"W 108.01'91.48'90'108' EAST104.14' S51 ° 4 6 ' 1 0 " E 108. 2 2 ' 60'20'46.99'85'53.47'SOUTH 150'25.41'88.93'LC=56.23'S03°30'WS07°WNORTHINITIAL POINT LC = 2 7 ' S1 7 ° 5 3 ' 2 8 " W LC=4 8 . 1 9 ' S48° 2 9 ' 2 8 " W 95'100' 80' 95' 80' 68.7'S2 1 ° 4 8 'E 1 1 0 ' 1 1 0 ' S68°12'W 1 3 5' 123.7' 85' 85' 85' 85' 155.27' 165.27' 1 2 4 . 82 ' 123.7' 1 2 4 . 8 2 'S2 1 ° 4 8 ' E 1 2 5 . 1 9 ' N68°12'E 98.7' 1 2 4 . 82 'S2 1 ° 4 8 'ELC=64.63'S49°35'38"W170'LC=19'S66°01'18"WPTINIT WA LKW A Y DIXIE DRESTATES FIRST ADDITIONMT VERNONS2 1 ° 4 8 'E 1 1 0 ' ESTATES MT VERNON 130' 130' 1 24 . 8 2 ' S68°12'W 2 6 1. 4 4' 130' 130' 5 0 ' 9 0 ' 9 0 ' 1 1 0 ' N68°12'E143.18'N43°25'29"E3 1 2 1 6 5 4 9 8 7 6 5 4 3 2 11 2 3166.71'REDWOOD52.25'S05°02'58"WVILLAGES00°46'47"W180.35'185.58'N74°48'W 3 5 7 . 2 3 ' S74°48'E 4 0 0 ' WEST 115.06'7.44'1 2 3 4 5 6 7 8 9 10 13 19 18 17 16 15 14 12 2021 COLE WAY INITPT10' 21 . 2 1 'R=101.45'TC=61°12'R=490.5'TC=07°60'37'37'30'16' S89°13'13"E74.5' I.P.S. 42ND ST.NO 2273 (HWY 222) 0.21 AC0.18 AC0.15 AC0.14 AC0.14 AC0.13 AC0.13 AC0.13 AC0.13 AC0.13 AC0.14 AC 0.93 AC0.95 AC 1.84 AC 0.41 AC 0.21 AC 0.21 AC 0.88 AC 1.94 AC 0.88 AC 0.26 AC 0.1 AC0.2 AC0.21 AC 0.22 AC 0.2 AC0.18 AC0.16 AC0.16 AC0.16 AC 1.56 AC0.6 AC 0.61 AC 1.56 AC 0.21 AC 0.49 AC 1.42 AC0.26 AC0.22 AC 2.08 AC 6202 6201 6203 6200 6300 6600 6500 6400 6401 6402 6700 6800 6100 6000 3900 3800 3400 3300 3500 4400 4500 4100 4000 4300 4200 3700 3600 3200 3100 2900 4600 4700 4800 4900 3000 5000 2801 2800 2700 5100 5200 5300 5400 5802 1900 2300 2100 2101 2500 18002000 2400 2200 5801 5900 5806 5804 5803 5805 1600 1500 1400 1300 17001701 8202 8201 7400 7300 7200 7900 100 8100 8000 300 7100 7600 7700 7800 7500 7000 1000 200 1200 1100 500 9500 9400 700800 900 600 400 9300 9600 9200910090008900880087008600850084008300 990010000110001200013000 9700 9800 8203 8204 8200 019-00 019-37 019-00 SEE MAP18020500 SEE MAP18020513 SEE MAP18020521 SEE MAP18020512 SEE MAP18020522 SEE MAP18020523 FOR ASSESSMENT ANDTAXATION ONLY S.E.1/4 N.W.1/4 SEC.5 T.18S. R.2W. W.M.Lane County1" = 100' CANCELLED: 2600 5500 5600 5700 5800 6101 6900 18020524SPRINGFIELD SPRINGFIELD18020524 GIS DATA9/17/2010 3:47:56 PM : lcatllr REVISIONS: 8/19/2009 - LCAT142 - CONVERT MAP TO GIS 9/17/2010 - LCAT167 - ADDED "CO RD 2273" TO JASPER RD Exhibit A 1 of 2Attachment 4, Page 3 of 23 LEGAL DESCRIPTION Beginning at a point in the center line of County Road No. 287, said point being on the West line of the David Arthur Donation Land Claim No. 47, Township 17 South, Range 2 West the of the Willamette Meridian 2127.1 feet South 00 03' West of the Northwest corner thereof; thence South 89 10' East, 20.00 feet to the True Point of Beginning; thence South 89 10' 00” East a distance of 387.12 feet (Course 1); thence on the westerly line of a Public Road North 00 03' 00” East a distance of 200 feet to a point on the current City Limits line (Course 2); thence leaving said westerly line, on the current City Limits line South 10' 00” East a distance of 30 feet (Course 3); thence leaving the current City Limits line, and on the easterly line of a Public Road South 0003' 00” West a distance of 100 feet (Course 4); thence South 10' 00” East a distance of 30 feet (Course 5); thence South 00 03' 00” West a distance of 200 feet (Course 6); thence leaving said easterly line North 10' 00” West a distance of 30 feet (Course 7); thence South 00 03' 00” West a distance of 100.00 feet (Course 8); thence North 10' 00” West a distance of 417.12 feet (Course 9); thence North 00 03' 00” East a distance of 200.00 feet (Course 10) to the True Point of Beginning, all in Lane County, Oregon. Exhibit A 2 of 2 Attachment 4, Page 4 of 23 Exhibit B 1 of 9 Attachment 4, Page 5 of 23 Exhibit B 2 of 9 Attachment 4, Page 6 of 23 Exhibit B 3 of 9 Attachment 4, Page 7 of 23 Exhibit B 4 of 9Attachment 4, Page 8 of 23 Exhibit B 5 of 9 Attachment 4, Page 9 of 23 Exhibit B 6 of 9 Attachment 4, Page 10 of 23 Exhibit B 7 of 9 Attachment 4, Page 11 of 23 Exhibit B 8 of 9 Attachment 4, Page 12 of 23 Exhibit B 9 of 9 Attachment 4, Page 13 of 23 Exhibit D 1 of 10Attachment 4, Page 14 of 23 Exhibit D 2 of 10Attachment 4, Page 15 of 23 Exhibit D 3 of 10Attachment 4, Page 16 of 23 Exhibit D 4 of 10Attachment 4, Page 17 of 23 Exhibit D 5 of 10Attachment 4, Page 18 of 23 Exhibit D 6 of 10Attachment 4, Page 19 of 23 Exhibit D 7 of 10Attachment 4, Page 20 of 23 Exhibit D 8 of 10Attachment 4, Page 21 of 23 Exhibit D 9 of 10Attachment 4, Page 22 of 23 Exhibit D 10 of 10Attachment 4, Page 23 of 23