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HomeMy WebLinkAboutItem 04 Osage St Annexation AGENDA ITEM SUMMARY Meeting Date: 12/2/2019 Meeting Type: Regular Meeting Staff Contact/Dept.: Melissa Cariño, DPW Staff Phone No: 541.744.4068 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 TWO PARCELS ON OSAGE STREET (MAP 18-02-06-14, TAX LOTS 7000 AND 7100). ACTION REQUESTED: Conduct a second reading of and adopt/not adopt the following ordinance: AN ORDINANCE ANNEXING CERTAIN TERRITORY (PROPERTY KNOWN AS TAX LOTS 7000 & 7100 WITHIN ASSESSOR’S MAP 18-02-06-14) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK & RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE/SPRINGFIELD RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (SECOND READING). ISSUE STATEMENT: The City Council is requested to consider Second Reading and approval of an Ordinance approving annexation of two 0.18-acre parcels not yet municipally addressed on Osage Street in Springfield. The property owner has requested annexation to facilitate residential development. ATTACHMENTS: Attachment 1: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application Exhibit C: Staff Report & Recommendations Exhibit D: Annexation Agreement Attachment 2: Location Overview Map DISCUSSION/ FINANCIAL IMPACT: The City Council is authorized by Oregon Revised Statutes (ORS) Chapter 222 and Springfield Development Code (SDC) Article 5.7-100 to act on annexation requests. In accordance with SDC 5.7-155 and ORS 222.040, 222.180 and 222.465, if approved, the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State, whichever date is later. The subject property is currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied and is located inside the City’s Urban Growth Boundary. According to the 2019 Lane County Assessment and Taxation records the property has an assessed value of $26,743 for both Tax Lots. The territory requested for annexation is located approximately 500 feet north of Jasper Road and approximately 225 feet east of Hazelnut Lane. Each lot is 0.18 acres for a total of 0.36 acres requested for annexation. As noted in the attached staff report (Exhibit C), the annexation criteria have been met and the site can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Refinement Plan – Urbanization Element. 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 1, Exhibit D). The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council is requested to conduct Second Reading and approve annexation of this property and the portion of Osage Street adjacent to the properties to the City and Willamalane Park & Recreation District, and withdrawing same from Willakenzie/Springfield Rural Fire Protection District. CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE ANNEXING CERTAIN TERRITORY (PROPERTY KNOWN AS TAX LOTS 7000 & 7100 WITHIN ASSESSOR’S MAP 18-02-06-14) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK & RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE/SPRINGFIELD RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Section 5.7-100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on August 20, 2019, said territory being Assessor’s Map Township 18 South, Range 02 West, Section 33, Map 6, Tax Lots 7000 and 7100, which is not yet addressed for Osage Street, and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7-125(A) and ORS 222.111, the property owner initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125(A) and ORS 222; 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)); WHEREAS, the annexation is consistent with the Springfield 2030 Plan – Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; 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/Springfield Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; 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 WHEREAS, on November 18, 2019, 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, Attachment 1, Page 1 of 28 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/Springfield 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 3 above from the Willakenzie/Springfield Rural Fire Protection District shall become effective July 1, 2020. 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 _________, ____, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of __________, ____. _______________________ Mayor ATTEST: __________________________ City Recorder Attachment 1, Page 2 of 28 ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD TWO TAX LOTS ON OSAGE STREET (Map 18-02-06-14, Tax Lots 7000 & 7100) Hazelnut Lane S. 40th Place SITE City Limits City Limits Exhibit A, Page 1 of 2 Attachment 1, Page 3 of 28 LEGAL DESCRIPTION Beginning at the northwest corner of Lot 1, Block 4, FIRST ADDITION TO HAZELWOOD as platted and recorded in Book 39, Page 12, Lane County Oregon Plat Records, in Lane County, Oregon; thence thence thence thence to the Point of Beginning, all in Lane County, Oregon. Exhibit A, Page 2 of 2 Attachment 1, Page 4 of 28 EXHIBIT B, Page 1 of 10 Attachment 1, Page 5 of 28 EXHIBIT B, Page 2 of 10 Attachment 1, Page 6 of 28 EXHIBIT B, Page 3 of 10 Attachment 1, Page 7 of 28 EXHIBIT B, Page 4 of 10 Attachment 1, Page 8 of 28 EXHIBIT B, Page 5 of 10 Attachment 1, Page 9 of 28 EXHIBIT B, Page 6 of 10 Attachment 1, Page 10 of 28 EXHIBIT B, Page 7 of 10 Attachment 1, Page 11 of 28 EXHIBIT B, Page 8 of 10 Attachment 1, Page 12 of 28 EXHIBIT B, Page 9 of 10 Attachment 1, Page 13 of 28 EXHIBIT B, Page 10 of 10 Attachment 1, Page 14 of 28 TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Osage Street Annexation Applicant: Bruce Wiechert Custom Homes Case Number: 811-19-000192-TYP4 Proposal Location: Osage Street at Hazelnut Lane (Map 18-02-06-14, TL 7000 and 7100) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: August 20, 2019 Associated Applications: 811-19-000165-PRE (Development Issues Meeting), 811-19-000198-PRE (Pre-Submittal for Annexation) Exhibit C, Page 1 of 7 Attachment 1, Page 15 of 28 CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Melissa Cariño 541-744-4068 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293 Building Official Building David Bowlsby 541-736-1029 Review Process (Springfield Development Code 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 1: A Development Issues Meeting for the subject annexation request was held on July 25, 2019 (Case 811-19-000165-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 2: The applicant is also 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 two (2) 0.18-acre rectangular residential parcels, for a total of 0.36 acres. Other than existing trees and small accessory structures, both parcels are vacant. The subject annexation area is located approximately 225 feet east of Hazelnut Lane and approximately 500 feet north of Jasper Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its eastern and northern 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 residential development on each tax lot. In conjunction with future development of the properties, the applicant would need to connect to sanitary sewer, stormwater, water and electric lines as well as construct street improvements along the Osage Street frontages of the properties. For these reasons, the applicant has executed an Annexation Agreement with the City that outlines the applicant’s responsibilities and financial obligations for provision of public street improvements, utilities, and services to the property (Attachment 3, Exhibit C). 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/Springfield Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontages. Upon annexation, the site will be served with a full suite of urban services, including sewer, water, electricity and police/fire response to the subject area. Exhibit C, Page 2 of 7 Attachment 1, Page 16 of 28 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 November 4, 2019, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. Newspaper Notice. Notice of the November 18, 2019 public hearing was published in The Register- Guard on November 3, 2019. Posted Notice. Notice of the November 18, 2019 public hearing was posted in five public places in the City: along the property frontages on Osage 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 3: 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 4, 2019. 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 4: 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 Tax Lot 7100’s western boundary and both Tax Lots’ northern boundary. 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 5: 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 6: The territory requested for annexation is entirely within the City’s acknowledged UGB. Exhibit C, Page 3 of 7 Attachment 1, Page 17 of 28 Finding 7: 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 has been acknowledged by LCDC. Finding 8: The territory requested for annexation is within a neighborhood that is zoned and designated for Low Density Residential (LDR) use, with Medium Density Residential (MDR) district further to the west. 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 except that the Urbanizable Fringe (UF-10) overlay will be automatically removed upon annexation. Finding 9: 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 10: The territory requested for annexation is currently within the service area of Willakenzie/Springfield Rural Fire Protection District. The rural fire district has a service arrangement with Eugene/Springfield for provision of fire response to some unincorporated areas of Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie/Springfield 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 11: 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 12: 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 13: 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 14: The requested annexation is to facilitate future construction of residential dwellings. Public sanitary sewer service is available along the Osage Street frontage of the site. Finding 15: The representative of the property owner submitted an application for annexation to the City (Attachment 3, Exhibit B), and an Annexation Agreement to be recorded upon Council Approval of the proposed annexation. (Attachment 3, Exhibit C). Finding 16: 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. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140. Exhibit C, Page 4 of 7 Attachment 1, Page 18 of 28 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 17: 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 18: 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 19: 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 20: The territory requested for annexation is contiguous with the City limits along Tax Lot 7100’s western boundary and both Tax Lots’ northern boundary. 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 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 –Electric provides service within incorporated areas of Springfield. SUB Electric is the exclusive electricity provider for properties within City limits. Upon annexation, the applicant will be eligible for extension of electrical service and transformers necessary to serve the planned partitions of the properties. 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/Springfield 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 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, Exhibit C, Page 5 of 7 Attachment 1, Page 19 of 28 such as the Willamalane Park Swim Center, Lively Park Swim Center, Bob Keefer 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 Springfield. Based on the planned partitions of the subject properties 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 along the property frontage on Osage Street. As detailed in the executed Annexation Agreement, the applicant will be responsible for extension of sanitary sewer lines necessary to serve the planned residential subdivision on the property. Stormwater – The subject annexation territory will be served by a public stormwater system that is located west along Osage Street. Streets – The subject annexation area abuts Osage Street along the southern boundary. Only a portion of Osage Street to the west is inside the City limits and the street frontage along the subject Tax Lots will be developed to urban standards with curb, gutter and sidewalk, street trees, and street lighting. Currently, the subject property lacks street trees along the Osage Street frontage so these will be required in conjunction with development of the parcels. Concurrent with annexation of the two subject properties, the full width of Osage Street adjacent to the properties on their southern boundaries will also be annexed into City limits and the street will be developed to City standards. 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 (UGB). 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 21: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Springfield 2030 Refinement Plan – Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with criterion C, Subsection 5.7-140. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding 24: The parcels proposed for annexation are vacant residential lots. The property owner has executed an Annexation Agreement with the City that outlines the applicant’s financial responsibility for provision of public Exhibit C, Page 6 of 7 Attachment 1, Page 20 of 28 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 residential partitions of the properties. 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/Springfield Rural Fire Protection District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding 25: On November 18, 2019, the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. Finding 26: On December 2, 2019, the City Council will hold a second reading of the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential (LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the property will retain the LDR zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted first reading by the City Council on November 18, 2019, and adopted after a second reading on or around December 2, 2019, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around January 2, 2020), 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 27: The annexation area is within the delineated service territory of SUB (electric and water) and the Eugene-Springfield Fire Department will continue to 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 and a public hearing was held on November 18, 2019. Exhibit C, Page 7 of 7 Attachment 1, Page 21 of 28 EXHIBIT D, Page 1 of 7 Attachment 1, Page 22 of 28 EXHIBIT D, Page 2 of 7 Attachment 1, Page 23 of 28 EXHIBIT D, Page 3 of 7 Attachment 1, Page 24 of 28 EXHIBIT D, Page 4 of 7 Attachment 1, Page 25 of 28 EXHIBIT D, Page 5 of 7 Attachment 1, Page 26 of 28 EXHIBIT D, Page 6 of 7 Attachment 1, Page 27 of 28 EXHIBIT D, Page 7 of 7 Attachment 1, Page 28 of 28 LOCATION OF PROPERTY SUBJECT TO ZONE CHANGE SITE Attachment 2, Page 1 of 1