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HomeMy WebLinkAboutOrdinance 6423 01/04/2021 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (4362 & 4380 JASPER ROAD) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 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; WHEREAS, a request to annex certain territory was submitted on October 30, 2020, said territory being Assessor’s Map Township 18 South, Range 02 West, Section 5, Map 24, Tax Lots 6700 & 6800, which is addressed as 4362 & 4380 Jasper Road 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. (SDC 5.7-140.A); 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; WHEREAS, in accordance with SDC 5.7-150.A, upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying Low Density Residential zoning will be retained; 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 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 has executed an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for provision of public streets, sanitary sewer service, and other necessary utilities to the property; and WHEREAS, on December 7, 2020, 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 ORDINANCE NO. 6423 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, 2021. . The City Manager or the Development & Public Works Director or their designee Section 4 shall send copies of thisOrdinance 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 Council President, 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, functioning as Mayor in accordance with Section 17 of Springfield Charter, this day of , 2021, by a vote of ___ for and ____ against. APPROVED by the Council President of the City of Springfield this day of , 2021. Council President ATTEST: City Recorder 2304103131 ORDINANCE NO. 6423 EXHIBIT A, Page 1 of 2 ORDINANCE NO. 6423 EXHIBIT A, Page 2 of 2 ORDINANCE NO. 6423 EXHIBIT B, Page 1 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 2 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 3 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 4 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 5 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 6 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 7 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 8 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 9 of 10 ORDINANCE NO. 6423 EXHIBIT B, Page 10 of 10 ORDINANCE NO. 6423 Exhibit C, Page 1 of 7 TYPEIVANNEXATION STAFFREPORTANDRECOMMENDATION Horace Street City Limits Property Proposed for Annexation Kalmia Street Jasper Road City Limits Cole Way FileName:Jasper GardensAnnexation Applicant:Jed Truett, Metro Planning Inc. CaseNumber:811-20-000207-TYP4 Proposal Location:4362 & 4380 Jasper Road(Map 18-02-05-24, Tax Lots6700& 6800) CurrentZoning& ComprehensivePlan Designation:Low Density Residential (LDR) ApplicableComprehensivePlan:MetroPlanand Springfield 2030 Refinement Plan ApplicationSubmittal Date: October 30, 2020 AssociatedApplications:811-20-000136-PRE (Development Issues Meeting); 811-20-000166-PRE (Pre-submittal Meeting) CITY OFSPRINGFIELDSDEVELOPMENTREVIEW COMMITTEE POSITIONREVIEW OFNAMEPHONE Project ManagerPlanningAndyLimbird541-726-3784 Transportation Planning EngineerTransportationMichaelLiebler541-736-1034 PublicWorksCivil EngineerStreetsand UtilitiesClayton McEachern541-726-1036 DeputyFireMarshalFireandLifeSafety Eric Phillips-Meadow 541-726-2293 BuildingOfficialBuildingChris Carpenter541-744-4153 ORDINANCE NO. 6423 Exhibit C, Page 2 of 7 ReviewProcess (SDC5.7-115):The subjectannexationrequestis being reviewedunderTypeIVprocedures, withoutPlanningCommission consideration. DevelopmentIssues Meeting(SDC5.7-120):ADevelopmentIssuesMeeting (DIM)isrequiredofallpublic agencyand privatelandowner-initiatedannexation applications, unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held onAugust 13, 2020 (Case 811-20-000136-PRE). Conclusion:Therequirementin SDC5.7-120ismet. AnnexationInitiationandApplicationSubmittal(SDC5.7-125):InaccordancewithSDC5.7-125.B.2.b.i andORS222.170(1),anannexationapplicationmaybeinitiatedby morethan halftheownersof landinthe territory,whoalso ownmorethanhalfthelandinthecontiguousterritory andofrealpropertytherein representingmorethanhalftheassessedvalueofallrealpropertyinthecontiguousterritoryconsentinwriting totheannexation oftheirland. Finding: Thepropertyownerwhoownsallofthelandandrealproperty,andfullassessedvalueofreal propertyinthecontiguous territory,has filedan applicationandpetitionrequesting annexationtotheCity of Springfield(Attachment2, Exhibit B). Conclusion:TheapplicationrequirementsinSDC5.7-125 havebeenmet. SiteInformation:The subject annexation areaconsists of two adjoining rectangular-shapedparcels that, in aggregate, comprise approximately 1.78acres. The subject territory contains two existing single-detached dwellings with driveways onto Jasper Road, accessory buildings and structures (including former greenhouses and plant nurseries), gravel parking lot and vehicle turnaround, and site landscaping. Thepropertyis located on the rdth northside of Jasper Road between South 43and South 44Streets. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the easternboundary. ZoningforthepropertyisLow Density Residential (LDR)withanUrbanizableFringeOverlay(UF-10)applied. Accordingtotheapplicanssubmittal, the primary purpose of the annexation request is to facilitate further developmentof the propertywith a residential subdivision. Future development of the property will include extension of Kalmia Street westward across the full width of the site; an extension of a public street from an intersection with Kalmia Street northward to the northern boundary; and street improvements alongthe Jasper Road frontage. Public utilities also would be extended to the site boundaries to serve the subject property and adjacent properties. The Annexation Agreement for provision ofpublic streets, utilities, and servicesto the property and is included herein as Attachment 2, Exhibit D. Existing publicservices areprovidedtothe annexationareaasfollows: police(LaneCounty Sheriff,), schools(Springfield SchoolDistrict),roads(Lane County and City ofSpringfield),andFire(Eugene-Springfield FireundercontractwithWillakenzie Rural Fire Protection District).Springfield UtilityBoard(SUB)operates the existing electric and waterutilityinfrastructurealong the site frontageson Jasper Road and Kalmia Street. Unincorporated properties in the vicinity are served by individual private wells. Upon annexation, theCityof Springfieldwillberesponsibleforallurban services, includingsewer,water(through SUB), electricity(through SUB),andpolice/fireresponsetothesubjectarea. City sanitary sewer and storm sewer are located in Kalmia Street along the eastern boundary of the property. Upon annexation and further development of the property, public sanitary and storm sewer lines would be extended from these connection points to serve the subject site and future development areas to the west and north. New sanitary and storm sewer lines wouldbe installed in conjunction with the extension of public streets, including a westward extension of Kalmia Street from its current terminus at the eastern boundary of the subject property. ORDINANCE NO. 6423 Exhibit C, Page 3 of 7 NoticeRequirements(SDC5.7-130):Consistentwith SDC5.7-130, noticewasprovidedasfollows: MailedNotice. NoticeoftheannexationapplicationwasmailedNovember 23, 2020,whichis14 dayspriortothe publichearing date,totheaffectedproperty owner(s);ownersandoccupantsof propertieslocatedwithin 300feet oftheperimeteroftheproposedannexationterritory;affected specialdistrictsandallotherpublicutility providers; andtheLaneCounty Land ManagementDivision, LaneCountyElections,andtheLaneCountyBoardof Commissioners.The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-20-000207-TYP4. NewspaperNotice. NoticeoftheDecember 7,2020publichearingwaspublishedinTheRegister-Guardon November 24and 30, 2020. PostedNotice.NoticeoftheDecember 7, 2020publichearingwaspostedinthreepublicplacesinthe City: along the property frontage on Jasper Road;along the eastern boundary of the property at Kalmia Street;and on the electronic display in the foyer of the Development andPublic Works office. Notice was also provided onthe City ofSpringfieldwebsite. Finding:UponannexationofthesubjectterritorytotheCity,theunderlying Low Density Residential zoningwill beretained,buttheUrbanizableFringeOverlayDistrict(UF-10)willnolongerapply. Duetothischange,the OregonDepartmentofLandConservationandDevelopment(DLCD)was notifiedinwritingoftheannexation proceedingspriortothepublichearing.NotificationtoDLCDregardingtheproposedannexationwassenton October 30, 2020, which is 38 days prior to the public hearing. Conclusion:Noticeofthepublichearingwasprovided consistentwith SDC5.7-130. RecommendationtoCityCouncil(SDC5.7-135):TheDirectorshallforwardawrittenrecommendationon theannexationapplicationtotheCityCouncilbasedontheapprovalcriteriaspecifiedinSection5.7-140,which areprovidedasfollowswiththeSDCrequirements,findings,andconclusions. TheDirectorsrecommendation followsSDC5.7-140,Criteria. Criteria(SDC 5.7-140):TheapplicationmaybeapprovedonlyiftheCityCouncilfindsthattheproposal conformstothefollowingcriteria: A.Theaffectedterritory proposedto beannexediswithintheCitysurban growth boundary;andis 1.Contiguoustothecitylimits;or 2.SeparatedfromtheCityonlybyapublicrightofwayorastream,lakeorotherbodyofwater. Finding:Thesubjectannexationterritoryislocatedwithintheacknowledgedurbangrowthboundary(UGB)of theEugene-SpringfieldMetropolitanAreaGeneralPlan(MetroPlan)and as more specifically detailed in the adoptedSpringfield 2030 Refinement Plan Urbanization Element.Thepropertyrequestedforannexationabuts the Springfieldcitylimitsalong the eastern boundary. Therefore,thisannexation applicationmeetsthe statutory definitionofcontiguityasfoundinORS 222.111(1). Conclusion:Theproposalmeetsand complieswith criterionA(1), Subsection 5.7-140. B.The proposed annexationisconsistent withapplicablepolicies intheMetroPlanand inany applicablerefinementplansorPlanDistricts; Finding:TheMetroPlanwasacknowledgedbytheLandConservationandDevelopmentCommission(LCDC)in August,1982andhasbeensubsequently amended. Theannexationareaislocatedwithintheacknowledged UGB oftheMetroPlanand as more specifically delineated by the Springfield 2030 Refinement Plan.Territorywithin thedelineatedUGBultimatelywillbewithintheCityofSpringfield. Finding:The territoryrequestedforannexationisentirelywithintheCitysacknowledged UGB. ORDINANCE NO. 6423 Exhibit C, Page 4 of 7 Finding:In December 2016, Springfield adopted the Springfield 2030 Refinement Plan -Urbanization Element as The Urbanization Elementexplicitly retainsthe Metro Planlong-standing urbanization policy criteria for approving annexations. TheUrbanization Elementhas been acknowledged by LCDC. Finding:Theterritoryrequestedforannexationiswithin anareathat iszonedanddesignatedfor LowDensity Residential (LDR) use. The adopted elements of the Springfield 2030 Refinement Planapply to areas within the Springfield UGB, particularly the Urbanization Element adopted byOrdinance 6361. At present, thereare noproposed changestothezoningorplandesignationfor the property, althoughthe Urbanizable Fringe(UF-10) overlay will be effectively removed upon annexation. Finding:ThecontinuedannexationofpropertiestotheCityofSpringfieldis consistentwithPolicies27 and 29 of the Springfield 2030 Refinement Plan Urbanization Element,whichwillresultintheeliminationofspecial districtswithintheurbanizable area. TheSpringfield 2030 Refinement Plan Urbanization Elementrecognize thatasannexationstotheCityoccur,thespecialdistrictserviceareaswill diminishincrementallyand eventuallywillbedissolved. Finding:Theterritoryrequestedforannexationis currently within the service area ofWillakenzie Rural Fire ProtectionDistrict.The rural firedistricthasaservicearrangementwithEugene/Springfieldforprovisionoffire responseto unincorporated areasofsouthSpringfield. Afterthe public hearing and uponCounciladoption ofthe annexationOrdinance,theannexationareawillbewithdrawnfromtheWillakenzie Rural Fire Protection DistrictconsistentwithORS 222.520and 222.524andthecombined fire and life safety departments of the Cities ofEugene&Springfieldwillprovidefireprotectionservicedirectlytotheannexationarea. 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, thatservice shall be provided by one of the following methods in this priority order:a)Annexation to City; orb)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 aresidence or business without first obtaining a valid annexation petition, a consent to annexagreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate further development of the property. Public sanitary sewer service is available inKalmia Streetat the eastern boundaryof the site. Finding: The property owner submitted an application for annexation to the City (Attachment 2, Exhibit B)and an Annexation Agreement has been executed by theapplicant (Attachment 2, Exhibit D). Conclusion:Theproposalmeetsand complies with criterionB, Subsection 5.7-140. C.Theproposedannexationwillresultinaboundaryinwhichtheminimumlevelofkeyurbanfacilities andservicesasdefinedintheMetro Plancan beprovidedin anorderlyefficientand timelymanner; and Finding:In accordance with Policy 29 of theSpringfield 2030 Refinement Plan Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery ofCity services in accordance with the Springfield Comprehensive Plan and SpringfieldDevelopment 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 ORDINANCE NO. 6423 Exhibit C, Page 5 of 7 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 andsanitary sewer; water; transportation systems; police and fire protection; planning, building,code enforcement and library services; and public infrastructure maintenance of Cityownedor operated facilities. Finding:Theterritoryrequestedforannexation is contiguous with the City limits along the eastern boundary. Urban utilities have been extended along adjacent public streets, including the current terminus of Kalmia Street, and are availableto serve the subject property, adjacent properties,andareas beyond the annexation territory. Therefore, theurbanservicedeliverysystemsare already available and inplaceor can be logically extended from points in the vicinity to serve the subject property. Inadditiontourbanutilities,thefollowing facilitiesand servicesareeitheravailableorcanbeextendedtothisannexationarea: WaterThe SpringfieldUtilityBoardoperates 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. Uponannexation, the property will be eligible for extension of SUB water service to the site. ElectricitySUBElectricprovidesservicetothe neighborhoodsin southSpringfieldthat are north of the Mt Vernon Road alignment.SUB owns and maintains electrical system infrastructure along the Kalmia Street and Jasper Roadfrontagesof the property. Existingelectricalsysteminfrastructurewithinthepublicrights-of-waywill continue to be maintained bySUB Electric. PoliceServicesSpringfieldPoliceDepartmentcurrentlyprovidesservicetoareasofsouthSpringfieldthatare alreadyinsidetheCitylimits.TheannexationterritoryiscurrentlywithinthejurisdictionoftheLaneCounty SheriffsDepartment.Uponannexation, thisareawillreceiveSpringfieldPoliceservices. FireandEmergency ServicesFireprotectioniscurrentlyprovidedtotheannexationareabyEugene/Springfield FireDepartmentundercontractwithWillakenzieRural Fire ProtectionDistrict.Uponannexation, the Eugene/SpringfieldFireDepartment willcontinuetoprovidefire and emergency services tothe subjectterritory. Emergencymedicaltransport(ambulance)servicesareprovidedonaregionalbasisbytheEugene/Springfield Fire Department,andLaneRuralFire/RescuetocentralLaneCounty.Theannexationareawillcontinuetoreceive thisserviceconsistentwiththeadoptedambulanceservicearea(ASA)plan. Mutualaidagreements have been adoptedby thethree regionalASA providerstoprovidebackupcoveragefor each others jurisdictions. ParksandRecreationParkandrecreationservicesareprovidedtotheCityofSpringfieldbytheWillamalane Park&RecreationDistrict. The park districtoperates severalindoorrecreationfacilities, suchastheWillamalane Park SwimCenter,Lively Park SwimCenter,Bob Keefer Centerfor Sports and Recreation, and Willamalane AdultActivity Center. Theparkdistrictoffersvariousafter-schooland otherprogramsfor childrenatschools and parksthroughoutthecommunity.Also availableare pathwaysandseveralcategoriesof parks,including communityparks, sportsparks, specialuseparks, and naturalareaparks. ConcurrentwithannexationtotheCity ofSpringfield,thesubjectpropertywillbeannexedtotheWillamalane Park&RecreationDistrictconsistentwithCitypolicy, an intergovernmental agreement between the City of Springfield and Lane County,andtheadoptedWillamalaneComprehensivePlan. Library ServicesUponannexation totheCity ofSpringfield, thesubjectareawillbeserved bytheSpringfield PublicLibrary. SchoolsTheSpringfieldSchoolDistrictservesthis areaofSpringfield. Basedonthecurrentzoning of Low Density Residential,and the plannedsubdivision and development of the subject propertywith additional dwellings,it is reasonable to expect that the annexation territory would generate new permanent ORDINANCE NO. 6423 Exhibit C, Page 6 of 7 residents or aschool-age population in the future. SanitarySewerTheannexationterritoryhas an existing 8-inch public sanitary sewer stubbed outat the Kalmia Street terminus along the eastern property boundary. Additionally, the Jasper trunk sewer line runs along the property frontage in Jasper Road. However, it is not expected that a new connection to the sewer trunk line would be required for development of this property.The applicant will be responsible for extendingthe public sewer system to serve the planned residential development on the property.Construction of public utilities review and permitting process. StormwaterThesubjectannexationterritoryis servedbythe existing public stormwatermanagement system in Jasper Road. Uponfurther development of the property, extension of public stormwater facilities necessary to serve the site will be done in conjunction with a PIP project. The existing stormwater facilities to be extended to the site are located in Kalmia Street at the eastern property boundary.An existing 21-inch stormwater line was installed to the eastern property boundary with the construction of the adjacent Lucerne Meadows subdivision in 1980. StreetsThesouthern edge of the subjectannexationareaabutsJasper Road, which hasbeen developed with discontinuous curb, gutter and sidewalk,paved vehicle lanes, lane striping,street trees,street lighting, and a combination of piped and roadside ditch stormwater facilities. The segment of Jasper Road along the property frontage is currently under Lane County jurisdictionand itlacks curb, gutter, sidewalk,full width of paving, and piped stormwater facilities. Jasper Road improvements would be constructedupon further development of the property with a residential subdivision, and subject to Lane County permitting requirements. In addition to Jasper Road improvements,Kalmia Street would be extended across the full width of the property and stubbed out at the western boundary. A new segment of public street would extend northward from Kalmia Street to the northern boundary of the site to serve the subject property and future development areas to the north. All public street improvements would be constructed upon further development of the property and in conjunction with a PIP permit for the site. SolidWasteManagementTheCityandSanipachaveanexclusivefranchisearrangementforgarbageservice insidetheCitylimits.Upon annexation,solidwastedisposalservicewouldbeprovided bySanipac. CommunicationFacilitiesVariousprovidersofferbothwiredandwirelesscommunicationservicesinthe Eugene-Springfieldmetropolitanarea. Existingprovidersandthoseenteringthemarkethavethecapabilityto provideservicetothisarea. LandUseControlsTheannexationareaiswithinSpringfieldsurbangrowthboundary. Throughan intergovernmentalagreementbetweenLaneCountyandtheCityofSpringfield,theCityalreadyhasplanning andbuilding jurisdictionforunincorporatedareasofSpringfield.TheCitywillcontinuetoadministerlanduse controlsafterannexation. Finding:Theminimumlevelofkeyurbanfacilitiesandservices,asoutlinedintheadoptedMetroPlanand the Springfield 2030 Refinement Plan Urbanization Elementareimmediatelyavailableto the site. Conclusion:Theproposalmeetsand complies withcriterionC, Subsection 5.7-140. D.Whereapplicable,fiscalimpactstotheCity havebeen mitigatedthrough anAnnexationAgreementor othermechanismapproved by theCityCouncil. Finding:The area proposed for annexation comprisestwo adjoining residential parcels that were previously used for seasonal agricultural endeavors including greenhouses, plant nurseries, and commercial plant sales. The required public utilities and services are immediately available to the site,and the public street frontageson Jasper Road andKalmia Street can or have alreadybeen improved to urban standards.As stated above, further development of the property with a residential subdivision will require the extension of public streets and utilities from connection points on the property perimeter. To facilitate annexation and further development of the site, the ORDINANCE NO. 6423 Exhibit C, Page 7 of 7 City has prepared anAnnexation Agreement that public streets and utilities necessary to serve the property, including extension of public sanitary sewer. The Annexation Agreementhas beenexecuted by the applicant and is included herein as Exhibit Dto the ordinance. Therefore, any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. Conclusion:Theproposalmeetsand complies with criterionD, Subsection 5.7-140. CityCouncilDecision(SDC5.7-145): CityCouncilapprovaloftheannexationapplicationshallbeby Ordinance. Finding:OnDecember 7,2020,theCityCouncilconductedaPublicHearingforthesubjectannexationrequest andgavefirstreadingtotheAnnexationOrdinance. No written or verbal testimony was provided at the public hearing aside from the staff presentation and questions from Councilors. Basedonthestaffanalysisand recommendations,andon testimonyprovidedatthePublicHearing,theCityCouncil can now takeactionto approve,modify,ordenytheAnnexationOrdinance. Zoning(SDC5.7-150):ThearearequestedforannexationiszonedanddesignatedLow Density Residentialin accordancewiththeSpringfieldZoningMapandtheadoptedMetroPlandiagram.Propertiesthatareoutside theCitylimitshavetheUrbanizableFringeOverlayDistrict(UF-10)appliedtothezoning.Upontheeffective dateoftheannexation,theUF-10overlaywillbeautomaticallyremoved and the property will retain the LDR zoning. EffectiveDateand NoticeofApproved Annexation (SDC5.7-155):Iftheannexationisgiven second reading and adoptedbytheCity CouncilonJanuary 4,2021,theOrdinancewillbecome effective30daysafteradoption bytheCityCounciland executionbytheCouncil President(anticipatedonoraround February 3, 2021), orupon acknowledgementoffilingwiththeSecretaryofStatewhicheverdateislater. Withdrawal fromSpecialServiceDistricts(SDC5.7-160):Withdrawalfrom specialdistrictsmayoccur concurrentlywiththeapprovedannexationOrdinance orafterthe effective date ofthe annexation ofterritorytothe City.TheDirectorshallrecommendtotheCityCouncilforconsiderationofthewithdrawalofthe annexed territoryfromspecialdistrictsasspecifiedinORS222.Indeterminingwhethertowithdrawtheterritory,the CityCouncilshalldeterminewhetherthewithdrawalisinthebestinterestoftheCity.Noticeofthewithdrawal shallbeprovidedinthesamemannerastheannexation noticein Section 5.7-150. Finding:TheannexationareaiswithinthedelineatedserviceterritoryofSUB(electric and water) and WillakenzieRural Fire Protection District (contracted fireresponse).TheCitiesofEugene/Springfieldwill providefire andemergencyservicesafterannexation,andtheCityofSpringfieldbyandthroughthe SpringfieldUtilityBoardwillprovidewaterserviceafterannexation.ConsistentwithSDC 5.7-160,sufficient noticewasprovidedfor the public hearing held onDecember 7, 2020.Withdrawalfromthe Willakenzie Rural Fire Protection Districtconcurrently with annexation of the territory to the City of Springfield is inthebest interestoftheCity. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Refinement Plan Urbanization Elementwhereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special DIRECTORSRECOMMENDATION:Theproposalcomplieswiththeannexationcriteriaofapproval listedinSDC5.7-140,andCounciliswithinitsauthoritytoapproveannexationofthesubjectterritoryto theCityofSpringfieldandWillamalaneParkandRecreationDistrictandwithdrawalofthesubject territoryfromtheWillakenzie Rural Fire Protection District. ORDINANCE NO. 6423 EXHIBIT D, Page 1 of 6 ORDINANCE NO. 6423 EXHIBIT D, Page 2 of 6 ORDINANCE NO. 6423 EXHIBIT D, Page 3 of 6 ORDINANCE NO. 6423 EXHIBIT D, Page 4 of 6 ORDINANCE NO. 6423 EXHIBIT D, Page 5 of 6 ORDINANCE NO. 6423 EXHIBIT D, Page 6 of 6 ORDINANCE NO. 6423