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HomeMy WebLinkAboutItem 08 Horace Street and Filbert Lane Weichert AnnexationAGENDA ITEM SUMMARY Meeting Date: 4/5/2021 Meeting Type:Regular Meeting Staff Contact/Dept.:Melissa Cariño, DPW Staff Phone No:541.744.4068 Estimated Time: 15 Minutes 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 0.31 ACRES OF RESIDENTIAL PROPERTY LOCATED SOUTHEAST OF THE HORACE STREET AND FILBERT LANE INTERSECTION (MAP 18-02-05-23, TAX LOT 202). ACTION REQUESTED: Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE ANNEXING CERTAIN TERRITORY (MAP 18-02-05-23, TAX LOT 202) 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 (FIRST READING). ISSUE STATEMENT: The City Council is requested to consider an ordinance to annex 0.31 acres of residential property that is located southeast from the Horace Street and Filbert Lane intersection (Map 18-02-05-23, Tax Lot 202) across from Mt. Vernon Elementary School. The proposed annexation is requested to facilitate development of a multi-unit residential units on the property. ATTACHMENTS: Attachment 1: Location Map 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 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 territory requested for annexation is located southeast of the Horace Street and Filbert Lane (Map 18-02-05-23, Tax Lot 202) across from Mt. Vernon Elementary School. The subject property is currently zoned Medium Density Residential (MDR) with an Urbanizable Fringe Overlay (UF-10) applied and it is located inside the City’s Urban Growth Boundary. According to the 2020 Lane County Assessment and Taxation records the property has an assessed value of $20,176. 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 urban utilities and services to the property has been prepared for execution by the applicant and City (Attachment 2D). Recommendation: The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council is requested to conduct first reading of the ordinance annexing this property to the City and Willamalane Park & Recreation District, and withdrawing same from Willakenzie Rural Fire Protection District consistent with all applicable laws. LOCATION OF PROPERTY SUBJECT TO ZONE CHANGE SITE Attachment 1, Page 1 of 1 Page 1 of 2    CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (ASSESSOR’S MAP 18-02-05-23, TAX LOT 202) 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 February 26, 2021, said territory being Assessor’s Map Township 18 South, Range 02 West, Section 05, Map 23, Tax Lot 202, which is not yet municipally addressed, which 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 Medium 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); WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director’s recommendation to concurrently withdraw the subject territory from the Willakenzie Rural Fire Protection District as Eugene-Springfield Fire will provide emergency response services directly to the area after it is annexed to the City and the withdrawal from the rural service district is in the City’s best interest for the provision of urban services pursuant to Policies 31 and 32 of the Springfield 2030 Refinement Plan – Urbanization Element; 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 public streets, sanitary sewer service, and other necessary utilities to the property; Attachment 2, Page 1 of 24 Page 2 of 2    WHEREAS, on April 5, 2021, the Springfield City Council conducted a public hearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Willakenzie Rural Fire Protection District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The withdrawal of territory described in Section 2 above from the Willakenzie Rural Fire Protection District shall become effective July 1, 2021. Section 4. The City Manager or the Development and Public Works Community Development Division 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 , 2021, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of , 2021. ATTEST: Mayor City Recorder Attachment 2, Page 2 of 24 EXHIBIT A – Map and Legal Description  PROPERTY REQUESTED FOR ANNEXATION           LEGAL DESCRIPTION    Beginning at the Northwest corner of Lot 4, Reta Franklin Addition, as platted and recorded in Volume 28,  page 22, Lane County Plat Records, run thence along the West line of said Lot 4 South 0° 35’ 30” East 128 feet;  thence East 106.40 feet to the East line of said Lot 4; thence along the East line of said Lot 4 North 0° 35’ 30”  West 128 feet; thence 106.40 feet to the Point of Beginning. All in Lane County, Oregon.    Mt. Vernon  Elementary  School  EXHIBIT A, Page 1 of 1 Attachment 2, Page 3 of 24 EXHIBIT B, Page 1 of 7 Attachment 2, Page 4 of 24 EXHIBIT B, Page 2 of 7 Attachment 2, Page 5 of 24 EXHIBIT B, Page 3 of 7 Attachment 2, Page 6 of 24 EXHIBIT B, Page 4 of 7 Attachment 2, Page 7 of 24 EXHIBIT B, Page 5 of 7 Attachment 2, Page 8 of 24 EXHIBIT B, Page 6 of 7 Attachment 2, Page 9 of 24 EXHIBIT B, Page 7 of 7 Attachment 2, Page 10 of 24   TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Bruce Weichert Horace Street Annexation   Applicant: Bruce Weichert Custom Homes, Inc.   Case Number: 811-21-000039-TYP4   Proposal Location: Parcel located southeast of the Horace Street and Filbert Lane, across from Mt. Vernon Elementary School (Assessor’s Map 18-02-05-23, TL 202) Current Zoning & Comprehensive Plan Designation: Medium Density Residential (MDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan   Application Submittal Date: February 26, 2021 Associated Applications: 811-21-000011-PRE (Development Issues Meeting)       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 541-726-1036 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293 Building Official Building Chris Carpenter 541-744-4153Filbert Lane Jasper Rd Horace St  Jasper Rd City Limits City Limits S 41st St Property Proposed for  Annexation  City Limits City Limits City Limits City Limits City Limits City Limits City Limits EXHIBIT C, Page 1 of 7 Attachment 2, Page 11 of 24   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 February 16, 2021 (Case 811-21-000011-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 rectangular-shaped property that is approximately 0.31 acres in size, mostly vacant but contains a small accessory structure. The property is located on the eastern side of Filbert Lane between Horace and Jasper Streets. The subject site’s northern boundary is adjacent to the Horace Street right-of-way. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern and eastern boundaries. In 2019, concurrent with a previous annexation of the property directly to the east and southeast of the subject site (Tax Lots 203 & 204), the segment of Horace Street between Filbert Lane and the City limits line to the east has already been annexed. Zoning for the property is Medium Density Residential (MDR) with an Urbanizable Fringe Overlay (UF-10) applied. According to the applicant’s submittal, the primary purpose of the annexation request is to facilitate a future multi-unit residential property. The applicant is proposing to extend public utilities westward along Horace Street. A public sanitary sewer line would be extended eastward from an existing line located in Filbert Lane. The applicant will be responsible for improving the Horace Street frontage of the property at the time of future site development. For this reason, an Annexation Agreement has been prepared for execution by the applicant and the City that outlines the applicant’s responsibilities and financial obligations for provision of public streets, utilities, and services to the property (Attachment 2, Exhibit D).   Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,), schools (Springfield School District), roads (City of Springfield and Lane County), and Fire (Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontage. Unincorporated properties in the vicinity are served by individual wells or, for certain properties, by SUB as the successor to the now-defunct Willamette Water District as there is no rural water district serving this area of south Springfield. 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. EXHIBIT C, Page 2 of 7 Attachment 2, Page 12 of 24   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 March 19, 2021, 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 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 811-21-000039-TYP4. Newspaper Notice. Notice of the April 5th and April 19th City Council meetings was published in The Register- Guard on both March 21, 2021, and March 31, 2021.   Posted Notice. Two notices of the April 5, 2021 public hearing were also posted along the subject property frontage on Horace Street, on the City of Springfield website on March 17, 2021, as well as on the Digital Screen in City Hall on March 26, 2021. Finding: Upon annexation of the subject territory to the City, the underlying Medium 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 March 1, 2021. 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 its northern and eastern boundaries. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140.   B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts;   Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in August 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB of the Metro Plan and as more specifically delineated by the Springfield 2030 Refinement Plan. Territory within the delineated UGB ultimately will be within the City of Springfield.   Finding: The territory requested for annexation is entirely within the City’s acknowledged UGB. EXHIBIT C, Page 3 of 7 Attachment 2, Page 13 of 24   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 is effective but has yet to be acknowledged. Finding: Under OAR 660-014-0070, “all appropriate goals must be applied during annexation by the city” of lands not subject to an acknowledged comprehensive plan. Goal 14 is appropriate to apply to this annexation because the Urbanization Element is unacknowledged. No other Statewide Planning Goals are directly applicable to this annexation because acknowledged provisions of the Springfield 2030 Refinement Plan or Metro Plan implement all other relevant goals. Because the subject property is within the acknowledged urban growth boundary, the provisions of Goal 14 regarding establishment of the urban growth boundary and land need are not applicable to this annexation. Finding: Goal 14, OAR 660-015-0000(14) “Urbanizable Land” states, “Land within urban growth boundaries shall be considered available for urban development consistent with plans for the provision of urban facilities and services.” The proposed annexation complies with Goal 14 because key urban facilities and services can be provided in an orderly, efficient, and timely manner as explained further under Criterion C below.   Finding: The territory requested for annexation is within an area that is zoned and designated for Medium Density Residential (MDR) use. The adopted elements of the Springfield 2030 Refinement Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Refinement Plan – Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Refinement Plan – Urbanization Element recognize that as annexations to the City occur, the special district service areas will diminish incrementally and eventually will be dissolved. Finding: The territory requested for annexation is currently within the service area of Willakenzie Rural Fire Protection District. The rural fire district has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of south Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.520 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 future subdivision of the property and construction of multi-family residential dwellings. Public sanitary sewer service is available just west of the subject property near the intersection of Filbert Lane and Horace Street. The applicant will be required to extend the public sewer line eastward along Horace Street to serve the subject site and adjacent properties (in the future, upon annexation). EXHIBIT C, Page 4 of 7 Attachment 2, Page 14 of 24   Finding: The property owner submitted an application for annexation to the City (Attachment 2, Exhibit B), and an Annexation Agreement (Attachment 2, Exhibit D) has been prepared for execution by the City and applicant. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140.   C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and   Finding: In accordance with Policy 29 of the Springfield 2030 Refinement Plan – Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Refinement Plan – Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan – Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits along its northern and eastern boundaries. Urban utilities have been extended along adjacent public streets and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area:   Water – The Springfield Utility Board operates the public water utility system within incorporated areas of south Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the applicant will be eligible for extension of public water lines necessary to serve the planned subdivision of the property. Electricity – SUB Electric provides service to the neighborhoods in south Springfield that are located to the north of the Mt. Vernon Road alignment. SUB owns and maintains electrical system infrastructure along South 42nd Street, Jasper Road, and within the adjacent neighborhood. Existing electrical system infrastructure within the public rights- of-way will continue to be maintained by the affected utility provider. Police Services – Springfield Police Department currently provides service to areas of south Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City.   Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with the Willakenzie Rural Fire Protection District. Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory.   Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive 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. EXHIBIT C, Page 5 of 7 Attachment 2, Page 15 of 24   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 s outh Springfield. Based on the planned subdivision of the subject property and construction of residential dwellings, it is expected that the annexation territory could generate permanent residents and a school-age population in the future. The proposed annexation territory is adjacent to Mt. Vernon Elementary School which is located on the northeast corner of Filbert Lane at Horace Street. The Springfield School District has capacity to serve the annexation area in its current configuration and upon development of multi-family housing on the property.   Sanitary Sewer – The annexation territory does not contain existing public sanitary sewer lines but connection points are available in the immediate vicinity. Staff advises that the most feasible connection point is just west of the site near the intersection of Filbert Lane and Horace Street. As detailed in the Annexation Agreement, the applicant will be responsible for extension of public sanitary sewer lines necessary to serve the planned residential subdivision on the property.   Stormwater – The subject annexation territory is not currently served by public stormwater management systems except for the improved Jasper Road frontage. Extension and expansion of the public stormwater system will occur concurrently with construction of public street improvements and utilities necessary to serve a residential subdivision on the property as specified in Exhibit D, the Annexation Agreement.   Streets – The subject annexation area abuts Jasper Road, which has been developed to urban standards with curb, gutter and sidewalk, lane striping, street trees, and street lighting. The northern edge of the annexation area abuts Horace Street, which is not currently annexed and developed to urban standards. The full length of non-annexed Horace Street right-of-way between Filbert Lane and the City limits line to the east is proposed for annexation concurrently with the subject property. With annexation and development of a residential subdivision on the property, the applicant will be responsible for improving the segment of Horace Street along the northern boundary.   Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac. Communication Facilities – Various providers offer both wired and wireless communication services in the Eugene- Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls – The annexation area is within Springfield’s urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation.   Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Springfield 2030 Refinement Plan – Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with criterion C, Subsection 5.7-140. EXHIBIT C, Page 6 of 7 Attachment 2, Page 16 of 24   D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The area proposed for annexation is a parcel is mostly vacant with an existing small accessory structure. An Annexation Agreement (Attachment 2, Exhibit D) has been prepared 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 will need to be executed by both the applicant and City for the annexation action to be concluded. Upon annexation and approval of a Public Improvement Permit for the project, the property owner will be responsible for the cost of constructing the public improvements necessary to serve a multi-unit residential development of the property. Therefore, any potential fiscal impacts to the City will be mitigated by the executed Annexation Agreement. Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140. Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150.   Finding: The annexation area is within the delineated service territory of SUB (electric and water) and the Willakenzie Rural Fire Protection District (contracted fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield was 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 17 of 24 EXHIBIT D, Page 1 of 7 Attachment 2, Page 18 of 24 EXHIBIT D, Page 2 of 7 Attachment 2, Page 19 of 24 EXHIBIT D, Page 3 of 7 Attachment 2, Page 20 of 24 EXHIBIT D, Page 4 of 7 Attachment 2, Page 21 of 24 EXHIBIT D, Page 5 of 7 Attachment 2, Page 22 of 24 EXHIBIT D, Page 6 of 7 Attachment 2, Page 23 of 24 EXHIBIT D, Page 7 of 7 Attachment 2, Page 24 of 24