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HomeMy WebLinkAboutItem 03 Jasper Gardens AnnexationAGENDA ITEM SUMMARY Meeting Date: 1/4/2021 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 1.78 ACRES OF RESIDENTIAL PROPERTY LOCATED AT 4362 & 4380 JASPER ROAD (MAP 18-02-05-24, TAX LOTS 6700 & 6800). ACTION REQUESTED: Conduct a second reading and adopt/not adopt the following ordinance: 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 (SECOND READING). ISSUE STATEMENT: The City Council is requested to consider an ordinance to annex 1.78 acres of property zoned and designated Low Density Residential that is located at 4362 and 4380 Jasper Road in south Springfield. The proposed annexation is requested to facilitate redevelopment of the property with a residential subdivision. ATTACHMENTS: Attachment 1: Location Maps Attachment 2: 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 territory requested for annexation is two adjoining rectangular parcels that each contain an existing residential dwelling that face onto Jasper Road. The property is zoned and designated for Low Density Residential use with an Urbanizable Fringe Overlay (UF-10) applied, and it is located inside the City’s Urban Growth Boundary. As outlined in the attached staff report (Attachment 2C), 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. An Annexation Agreement that allocates financial responsibility for the provision of future transportation improvements, and extension of urban utilities and services to the property has been executed by the applicant (Attachment 2D). The City Council conducted a public hearing for the annexation request on December 7, 2020. Aside from the staff presentation and questions from the Council, no other testimony was provided at the meeting. Recommendation: The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council is requested to conduct a second reading and adopt the ordinance annexing this property to the City and Willamalane Park & Recreation District, and withdrawing same from Willakenzie Rural Fire Protection District. 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 Council President or upon acknowledgement by the State, whichever date is later. LOCATION OF PROPERTY PROPOSED FOR ANNEXATION  SITE Attachment 1, Page 1 of 2 811-20-000207-TYP4 – PROPOSED ANNEXATION OF TWO RESIDENTIAL PARCELS COMPRISING 1.78 ACRES 4362 & 4380 JASPER ROAD (ASSESSOR’S MAP 18-02-05-24, TAX LOTS 6700 & 6800) SITE CONTEXT MAP SITE S 42nd Street Jasper Road 28th Street Horace Street Kalmia Street S 44th Street S 44th Street Cole Way City Limits City Limits City Limits City Limits S 43rd Street Attachment 1, Page 2 of 2 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 Attachment 2, Page 1 of 27 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. Section 4. The City Manager or the Development & Public Works Director or their designee 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 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. ATTEST: Council President City Recorder Attachment 2, Page 2 of 27 EXHIBIT A, Page 1 of 2Attachment 2, Page 3 of 27 EXHIBIT A, Page 2 of 2 Attachment 2, Page 4 of 27 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV 3 SP NINOFIaD lApplication Type (Applicant: Check one) Annexation Application Pre -Submittal: Annexation A lication Submittal: ProposalRequired Property Owner: Jasper Road, T1.0 Phone: 1 :7 3.5111 Address: 520 Conger St Eugene, OR 97402 Fax: E-mail: wtW ev.B,iA Owner Signature: Owner Signature: Agent Name: Jed Truett/Metro Planning, Inc. Phone 541- 302-983D Company: Fax: Address: 846 A Street Springfield, OR 97477 E-mail ed@metroplannin Agent Signature: If the applicant Is otherthan the o ne , the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of re are required, only the owner may sign the petition. ASSESSOR'S MAP NO: 16-02-05-241 TAX LOT NOS : 6711/6800 Property Address: 4362 a 4380 Jasper Rd Area of Request: I Acres: 1.78 1 Square Feet: Existing Use(s) single family residential of Property: Proposed Use single family residential of Property: Required Property Information (City Intake Staff., Complete This Section) Case No.: Date: Reviewed By: initials Application Fee: Postage Fee: Total Fee: Revised 4/ 8/14 B] Page 8 of 17 con EXHIBIT B, Page 1 of 10 Attachment 2, Page 5 of 27 Owner Signatures This application form is used for both the required pre -submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelins, informatio t, requests and requirements conveyed to my representative. Date: ClI812020 Signifiture Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: Signature Print Revised 4/ 8/14 BJ Page 9 of 17 EXHIBIT B, Page 2 of 10 Attachment 2, Page 6 of 27 Owner Signatures This application form is used for both the required pre -submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: Owner: Date: signature I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227. 178 pertaining to a complete application. Date: q Revised 4/ 8/14 BI Page 9 of 17 EXHIBIT B, Page 3 of 10 Attachment 2, Page 7 of 27 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. Application Fee [SDC 5.7-125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. Petition/ Petition Signature Sheet [SDC 5. 7-125(B)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted @ Pre - Submittal, with original copies @ time of application submittal). Consent by Property Owners TORS 222.170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). Certification of Ownership isoc 5.7a25(B)(5)1 After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). Supplemental Information Form Isoc 5.7-125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted @ Pre - Submittal, with original copies @ time of application submittal). Copy of the Deed (required at application submittal) E Copy of Preliminary Title Report (required at application submittal) Title Report has to be issued within the past 30 days documenting ownership and listing all encumbrances. Revised 4/ 8/14 BJ Page 10 of 17 EXHIBIT B, Page 4 of 10 Attachment 2, Page 8 of 27 Annexation Description [SDC 5.7-125(8)( 9)] A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description shall consist of a series of courses in which the first course shall start at a point of beginning, Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. Cadastral Map [SDC 5. 7-125(13)(10)7 Three (3) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. If Digital Copy (in.pdf format) is not available, Nine ( 9) full-size paper copies and one (1) reduced size redline map at 8'/2 x 11 are required. Paper copy maps must be printed to scale. On all submitted maps the annexation area shall be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. ORS 222.173 Waiver Form [SDC Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. Public/Private Utility Plan [SDC 5.7-125(13)(12)7 A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [SDC 5. 7-125(B)(13) and (14)7 A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. Three (3) copies of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11" AND BOUND BY RUBBER BANDS. Revised 4/ 8/14 133 Page 11 of 17 EXHIBIT B, Page 5 of 10 Attachment 2, Page 9 of 27 Ng© yea k/§ f/ f| k f/ f| EXHIBIT B, Page 6 of 10 Attachment 2, Page 10 of 27 FORM 2 OWNERSHIP WORKSHEET This form is NOT the petition) Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Map/lot number) Name of Owner Acres Assessed Value Imp. Y/ N SignedYes Signed No 18- 02-05-24 TL 670p Jasper Rd, LLC 89 167, 467 x x 345, 797 18-02-05- 24 TL 68CO JasPer 89 178, 330 x x TOTALS: 1.78 345. 797 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 2 NUMBER OF OWNERS WHO SIGNED 2 PERCENTAGE OF OWNERS WHO SIGNED 1008 TOTAL ACREAGE IN PROPOSAL 1.78 ac ACREAGE SIGNED FOR 1.78 ac PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL 345, 797 VALUE CONSENTED FOR 345, 797 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 4/ 8/ 14 33 14 of 17 EXHIBIT B, Page 7 of 10 Attachment 2, Page 11 of 27 FORM 3 SUPPLEMENTAL INFORMATION FORM Complete a// the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: E-mail: Sed Truett/Metro Planning, Inc. j edemetroplanninq. com Supply the following information regarding the annexation area. Estimated Population (at present): 6 Number of Existing Residential Units: 2 Other Uses: farming Land Area: 1.78 total acres Existing Plan Designation(s): low density residential Existing Zoning(s): LDR Existing Land Use (s): residential Applicable Comprehensive Plan(s): Eugene -Springfield Metro Plan Applicable Refinement Plan(s): Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. both the comprehensive plan and the zoning are consistent with one another. Zoning atter annexation will not c ange. Are there development plans associated with this proposed annexation? Yes x No If yes, describe. there is a concurrent property line adjustment application and potential future subdivision application Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes x No Please describe where the proposed annexation is contiguous to the city limits non-contiguous annexations cannot be approved under 5. 7-140, Criteria). property adjacent to the east of the subject properties is annexed Revised 4/8/14 BI Page 15 of 17 EXHIBIT B, Page 8 of 10 Attachment 2, Page 12 of 27 Does this application include all contiguous property under the same ownership? Yes x No If no, state the reasons why all property is not included: Check the special districts and others that provide service to the annexation area: Glenwood Water District Rainbow Water and Fire District Eugene School District Pleasant Hill School District Springfield School District McKenzie Fire & Rescue Pleasant Hill RFPD Willakenzie RFPD EPUD Ci SUB Willamalane Parks and Rec District Other Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. Sed Truett/Metro Planning, Inc Name) (Name) 846 A Street Address) (Address) Springfield, OR 97477 City) (Zip) (City) (Zip) Name) (Name) Address) (Address) City) (Zip) (City) (ZIP) Revised 4/8/14 BI Page 16 of 17 EXHIBIT B, Page 9 of 10 Attachment 2, Page 13 of 27 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 18-02- 05-24 TL 6700 4362 Jasper Road Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] indefinitely or [ ] until Date Siqnatures of Leaal Owners Please print or type name Si nature Date Signed Jasper Road, LLC a 19, LNG:L:IBg388HB2HANCE IRANSPIONWCWURON fOBME154RMGgE[Op0-03-88 UPoq]EONHMSIfHF-SVHMln ANNEXgIIONgp%tGIIONIe-eJ-eH.pOCLa49vep: Hnuary19 S016 Revised 4/8/14 B) Page 17 of 17 EXHIBIT B, Page 10 of 10 Attachment 2, Page 14 of 27 TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Jasper Gardens Annexation Applicant’s Representative: Jed Truett, Metro Planning Inc. Case Number: 811-20-000207-TYP4 Proposal Location: 4362 & 4380 Jasper Road (Map 18-02-05-24, Tax Lots 6700 & 6800) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: October 30, 2020 Associated Applications: 811-20-000136-PRE (Development Issues Meeting); 811-20-000166-PRE (Pre-submittal 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 Clayton McEachern 541-726-1036 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Cole Way S 44th Street S 42nd Street City Limits City Limits Property Proposed for Annexation Jasper Road Horace Street Kalmia Street S 43rd Street City Limits Exhibit C, Page 1 of 7 Attachment 2, Page 15 of 27 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 August 13, 2020 (Case 811-20-000136-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 2, Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of two adjoining rectangular-shaped parcels that, in aggregate, comprise approximately 1.78 acres. 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. The property is located on the north side of Jasper Road between South 43rd and South 44th Streets. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the eastern boundary. 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 further development of the property with 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 along the Jasper Road frontage. Public utilities also would be extended to the site boundaries to serve the subject property and adjacent properties. The Annexation Agreement outlines the applicant’s responsibilities and financial obligations for provision of public streets, utilities, and services to the property and is included herein as Attachment 2, Exhibit D. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,), schools (Springfield School District), roads (Lane County and City of Springfield), and Fire (Eugene-Springfield Fire under contract with Willakenzie Rural Fire Protection District ). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontages on Jasper Road and Kalmia Street. Unincorporated properties in the vicinity are served by individual private wells. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer, water (through SUB), electricity (through SUB), and police/fire response to the subject area. 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 would be 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. Exhibit C, Page 2 of 7 Attachment 2, Page 16 of 27 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 23, 2020, which is 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 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. 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. Newspaper Notice. Notice of the December 7, 2020 public hearing was published in The Register-Guard on November 24 and 30, 2020. Posted Notice. Notice of the December 7, 2020 public hearing was posted in three public places in the 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 and Public Works office . Notice was also provided 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 October 30, 2020, which is 38 days prior to the public hearing. 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 eastern 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: 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. Exhibit C, Page 3 of 7 Attachment 2, Page 17 of 27 Finding: In December 2016, Springfield adopted the Springfield 2030 Refinement Plan - Urbanization Element as Springfield’s comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan’s long-standing urbanization policy criteria for approving annexations. The Urbanization Element has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area 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. At present, there are no proposed changes to the 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 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 222.520 and 222.524 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 further development of the property. Public sanitary sewer service is available in Kalmia Street at the eastern boundary of 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 the applicant (Attachment 2, Exhibit D). 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 t he 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 Exhibit C, Page 4 of 7 Attachment 2, Page 18 of 27 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 basi s. 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 eastern boundary. Urban utilities have been extended along adjacent public streets, including the current terminus of Kalmia Street, 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 property will be eligible for extension of SUB water service to the site. Electricity – SUB Electric provides service to the neighborhoods in south Springfield that are north of the Mt Vernon Road alignment. SUB owns and maintains electrical system infrastructure along the Kalmia Street and Jasper Road frontages of the property. Existing electrical system infrastructure within the public rights-of-way will continue to be maintained by SUB Electric. 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. Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with 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 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, Bob Keefer Center for Sports and Recreation, 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, an intergovernmental agreement between the City of Springfield and Lane County, and the adopted Willamalane Comprehensive Plan. Library Services – Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Schools – The Springfield School District serves this area of Springfield. B ased on the current zoning of Low Density Residential, and the planned subdivision and development of the subject property with additional dwellings , it is reasonable to expect that the annexation territory would generate new permanent Exhibit C, Page 5 of 7 Attachment 2, Page 19 of 27 residents or a school-age population in the future. Sanitary Sewer – The annexation territory has an existing 8-inch public sanitary sewer stubbed out at 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 extending the public sewer system to serve the planned residential development on the property. Construction of public utilities necessary to serve the subject property would be handled through the City’s Public Improvement Project (PIP) review and permitting process. Stormwater – The subject annexation territory is served by the existing public stormwater management system in Jasper Road. Upon further 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. Streets – The southern edge of the subject annexation area abuts Jasper Road, which has been 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 jurisdiction and it lacks curb, gutter, sidewalk, full width of paving, and piped stormwater facilities. Jasper Road improvements would be constructed upon 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. 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. 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 comprises two 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 frontages on Jasper Road and Kalmia Street can or have already been 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 Exhibit C, Page 6 of 7 Attachment 2, Page 20 of 27 City has prepared an Annexation Agreement 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. The Annexation Agreement has been executed by the applicant and is included herein as Exhibit D to the ordinance. 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. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On December 7, 2020, the City Council conducted a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. No written or verbal testimony was provided at the public hearing aside from the staff presentation and questions from Councilors. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council can now take action to approve, modify, or deny the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential 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 given second reading and adopted by the City Council on January 4, 2021, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Council President (anticipated on or around February 3, 2021), 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 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 provide water service after annexation. Consistent with SDC 5.7-160, sufficient notice was provided for the public hearing held on December 7, 2020. Withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Refinement Plan – Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts within the City’s UGB are to be dissolved over time. 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. Exhibit C, Page 7 of 7 Attachment 2, Page 21 of 27 EXHIBIT D, Page 1 of 6 Attachment 2, Page 22 of 27 EXHIBIT D, Page 2 of 6 Attachment 2, Page 23 of 27 EXHIBIT D, Page 3 of 6 Attachment 2, Page 24 of 27 EXHIBIT D, Page 4 of 6 Attachment 2, Page 25 of 27 EXHIBIT D, Page 5 of 6 Attachment 2, Page 26 of 27 EXHIBIT D, Page 6 of 6 Attachment 2, Page 27 of 27