HomeMy WebLinkAboutOrdinance 6424 04/19/2021 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6424
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 5.7-140.13);
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;
Page 1 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 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 19th day of April 12021,
by a vote of 5 for and 0 against. (1 absent - Pishioneri)
APPROVED by the Mayor of the City of Springfield this 19th day of April -12021.
Mayor
ATTEST:
&APPROVED
AS TO FOR
l._Y1 ll AS TO FORM
K✓�uxa K✓aa�
DATE: 4/19/2021
City Recorder SPPI MFIELD CITY ATTORNEY'S OFFICE
Ordinance No.6424
Page 2 of 2
EXHIBIT A, Page 1 of 1
EXHIBIT A — Map and Legal Description
PROPERTY REQUESTED FOR ANNEXATION
SITE CONTEXT MAP"
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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.
Ordinance No.6424
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EXHIBIT B, Page 1 of 7
City of Springfield SPMNQFIRLD
Development & Public Works 31
225 Fifth Street [i]
Springfield, OR 97477
Annexation Application Type IV
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Annexation A iication Pre�Submittal:
Annexation A iication Submittals 6�
Hers Phoneme _541-686-9458_.
� er ayy Bruce Wiechert Custom Horner Inc.
Address: 3073 Skview Ln,,Eugene 57405. Fax:
E-mail:
Owner Signature:
fawner Signature: I
Agent Name Qn J. Iravreau 549 683.7048
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Company: The Favreau Group, LLCFax:
Address: ... ..,.. E4
, .......,...�. .�,� 3750 Norwich Ave. Eugene, Or 917408
Agent Signature:
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ASSESSOR'S MAP NO: 18-02-05-23 M TAX k T NpjSk.j 00202
Property Address:
Area of Request: Acres;0 39 S uar+� Feet:
Existing Use(s) 1,Vacant
of Property: �. �. ..,_ ,�....._�,. .- ...�..��.....�. .�,.. �w
Proposed Use Residential i
of Property: _ _m...,w.. . �...
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Reviewed By:
Case No.: ;. initieis
Application Fee. Postage Fee Total Fee.
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Revised 4/8/14 B9 Page 8 of 17
Ordinance No.6424
EXHIBIT B, Page 2 of 7
owner Signatures
llc n,for . is for th th ui r - i. i tiri n. subsequent,
complete application 1, nee signatures arerevired at both stagesIn the application
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The ui�jarslqned acknowledges that the Infor 4tion in this application i- correct _n
acc-urate for schedIpling of the Pro- i t Meeting, if the applicant Is not the
the owner hereby r nts permission for the applicant to act In his/her behalf.
I/we do hereby _c n i that I/wr legally responsible for all statutory
timellnes, Information, requests and requirements conveyed to my representative.
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Ordinance No.6424
EXHIBIT B, Page 3 of 7
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Ordinance No.6424
EXHIBIT B, Page 4 of 7
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
i Property o esignatior Assessed Irrip Signd Signed
(Map/lot nurriber) Name of Owner Acres Value Y/ N Yes No
18-02v05-23-00202 31 I
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TOTALS
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TOTAL N4)lvli3ER OF OWNERS IN THE PRQP3SAL .. m_ .... _ r_._ . _....a_._ .m .
NUMBER OF OWNERS WHO S1GNEi- 1
..... _... PERCENTAGE QF1 6', RS ViIH®aIt"al�lEi
TQTA�ACREAGE IN PROPOSAL
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A RFA GNED FOR 31
PERCENTAGE OF ACREAGE SIGNED FOR 100 �
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Revised 4/8/14 BJ 14 of 17
Ordinance No.6424
EXHIBIT B, Page 5 of 7
FORM 3
SUPPLEMENTAL INFORMATION FORM
(Complete ag 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; Anthony Favrea'u
E-mail.
favreaugroup@'msn.com
Supply the following information regarding the annexation area.
• Estimated Population (at present): 0
® Number of Existing Residential Units:
® Other Uses: Vacant
-----------
• Land Area: 0.31 total acres
• Existing Plan Designation(s).: Low Density Residential
® Existing Zoning(s); Low
Density Residential
• Existing Land Use(s): Vacant
•
Applicable Comprehensive Plan(s): Low Density Resid.eIntil I al
• Applicable Refinement Plan( Low Density Residential
• Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans.
infill of low density residential
• Are there development plans associated with this proposed annexation?
Yes No x
If yes, describe.
• is the proposed us @ or development allowed on the property under the current
plan designation and zoning?
No
• Please describe where the proposed annexation is contiguous to the city limits
(non-contiguous annexations cannot be approved under 5.7-140, Criteria),
The subject properties abut the City limits to the west and north.
Revised 4/8/14 51 Page 15 of 17
Ordinance No.6424
EXHIBIT B, Page 6 of 7
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:
0 Glenwood Water District 0 Rainbow Water and Fire District
13 Eugene School District 0 Pleasant Hill School District
* Springfield School District 0 McKenzie Fire & Rescue
* Pleasant Hill RFPD 0 Willakenzie RFPD
[3 SPUD 19 SUB
Q Willarnalane Parks and Rec District Q 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,
Anthony Favreau Bruce Wiechert Custom Homes, Inc.
(Name) (Name)
3750 NQr0ch Ave. 3073 Skyview Ln.
(Address) (Address)
Eugene, OR 97408 Eugene, OR 97405
me) (Name)
.............. (Address)
(City) (zip) (City) (zip)
Revised 4/8/14 BJ Page 16 of 17
Ordinance No.6424
EXHIBIT B, Page 7 of 7
FORM 4
WAIVER OF ONE YEAR TIME LIMIT
FOR ANNEXATION P. URSUANT TO ORS 222.173
This waiver of the time limit is for the following described property:
18-02-06,23-00202
Pap and Tax Lot Numbe .m Street Address of Property (if address
r. h. _..n m . . ....__.w.
._. - as been
assigned)
ONE WADER OF TIME LIMIT FOR EACH PARCEL, PLEASE
We, the owner(s) of the property described above understand the
annexations 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 Do indefinitely or [ until
®ate
Signatures of Leal Owners
leas print :�r �����arne.. �. � _ �w�I nat��� �m _,..�_..�_. _...�.v .._ _...�_ ��. D�te Signed
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'.off.'savad;January 14,2016
Revised 4/8/14 aJ Page 17 of 17
Ordinance No.6424
EXHIBIT C, Page 1 of 7
SPRINGFIELD
TYPE IV- ANNEXATION
STAFF REPORT AND RECOMMENDATION �''
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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 Cariho 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 541-744-4153
Ordinance No.6424
EXHIBIT C, Page 2 of 7
Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures,
without Planning Commission consideration.
Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public
agency and private landowner-initiated annexation applications,unless waived by the Director.
Finding: A Development Issues Meeting for the subject annexation request was held on 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.1
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.
Ordinance No.6424
EXHIBIT C, Page 3 of 7
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.
Ordinance No.6424
EXHIBIT C, Page 4 of 7
Finding: In December 2016, Springfield adopted the Springlield 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 Springlield 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 Springlield 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 Springlield 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 Springlield 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).
Finding: The property owner submitted an application for annexation to the City(Attachment 2, Exhibit B), and
Ordinance No.6424
EXHIBIT C, Page 5 of 7
Springfield 2030 Refinement Plan – Urbanization Element
Springfield 2030 Refinement Plan – Urbanization Element
Springfield 2030 Refinement Plan – Urbanization Element
Ordinance No. 6424
EXHIBIT C, Page 6 of 7
Metro Plan
Springfield 2030 Refinement Plan – Urbanization Element
Ordinance No. 6424
EXHIBIT C, Page 7 of 7
Springfield 2030 Refinement Plan – Urbanization Element
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EXHIBIT D, Page 1 of 7
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EXHIBIT D, Page 2 of 7
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EXHIBIT D, Page 3 of 7
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EXHIBIT D, Page 4 of 7
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EXHIBIT D, Page 5 of 7
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EXHIBIT D, Page 7 of 7
Ordinance No. 6424