HomeMy WebLinkAboutItem 05 EXH Annexation OrdinanceAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
4/4/2022
Regular Meeting
Melissa Carifio, DPW
541.744.4068
10 minutes
SPRINGFIELD Council Goals: Encourage Economic Development and
CITY COUNCIL Revitalization through Community
Partnerships
ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD — ANNEX 0.25 -ACRES OF
PROPERTY LOCATED AT 2189 LOMOND AVENUE (ASSESSOR'S MAP 17-03-25-12, TAX
LOT 4400) AND PORTIONS OF BOTH THE LOMOND AVENUE AND 23RD STREET PUBLIC
RIGHTS-OF-WAY ABUTTING THE PROPERTY.
ACTION
Conduct a first reading and deliberate the following ordinance:
REQUESTED:
AN ORDINANCE ANNEXING CERTAIN TERRITORY ADDRESSED AS 2189 LOMOND
AVENUE (ASSESSOR'S MAP 17-03-25-12, TAX LOT 4400) AND A PORTION OF BOTH THE
LOMOND AVENUE AND 23RD STREET PUBLIC RIGHTS-OF-WAY ABUTTING THE SUBJECT
PROPERTY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND
RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW
WATER DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
ISSUE
The City Council will conduct a first reading and hold a public hearing on an ordinance to annex 0.25 -
STATEMENT:
acres of residential property located at 2189 Lomond Avenue (Assessor's Map 17-03-25-12, Tax Lot
4400), just west of 23rd Street and on the southern side of Lomond Avenue.
ATTACHMENTS: Attachment 1: Vicinity Map
Attachment 2: Ordinance with Exhibits
Exhibit A: Map and Legal Description
Exhibit B: Annexation Application
Exhibit C: Staff Report and Findings of Fact
Exhibit D: Annexation Agreement
DISCUSSION/ The City Council is authorized by Oregon Revised Statutes (ORS) Chapter 222 and Springfield
FINANCIAL Development Code (SDC) Article 5.7-100 to act on annexation requests. In accordance with SDC 5.7 -
IMPACT: 155 and ORS 222.040, 222.180 and 222.465, if approved, the annexation will become effective 30
days after signature by the Mayor, upon the date of its filing with the Secretary of State as provided by
ORS 222.180, or May 18, 2022, whichever is later.
The territory requested for annexation is located at 2189 Lomond Avenue (Map 17-03-25-12, Tax Lot
4400), just west of 23rd Street and on the southern side of Lomond Avenue. The subject property is
currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) applied,
and it is located inside the City's Urban Growth Boundary. According to the 2021 Lane County
Assessment and Taxation records the property has an assessed value of $276,676.
As outlined in the attached staff report (Attachment #2, Exhibit C), staff have confirmed that the
annexation area can be served with the minimum level of key urban facilities and services. An
Annexation Agreement that allocates financial responsibility for the provision of urban utilities and
services to the property is also included in the attachments, which will be executed by both the
applicant and the City upon Council approval.
Recommendation: The staff report findings show compliance with all the annexation criteria of approval
listed in SDC 5.7-140. The Director recommends that Council approve this annexation request.
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VICINITY MAP
811-22-000034-TYP4 Annexation
17-03-25-12 TL 4400
2189 Lomond Ave
Tim & Colleen Stewart
Attachment 1, Page 1 of 1
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN TERRITORY (ASSESSOR'S MAP 17-03-25-12, TAX LOT
4400) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION
DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER 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 1, 2022, said territory being
Assessor's Map Township 17 South, Range 03 West, Section 25, Map 12, Tax Lot 4400, municipally
addressed as 2189 Lomond Avenue, 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 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" in accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1). All property
owners of the subject property filed an application and petition requesting annexation into the City of
Springfield;
WHEREAS, the territory proposed for annexation is within 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 Comprehensive 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 (LDR) 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;
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 Rainbow Water District as the
Springfield Utility Board (SUB) Water Division will provide water services and Eugene -Springfield Fire will
provide fire protection 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 Policy
33 of the Springfield 2030 Comprehensive 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 will execute 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, upon City Council approval of the proposed annexation;
Attachment 2, Page 1 of 33
WHEREAS, on April 4, 2022, the Springfield City Council conducted a public hearing, and then made a
decision on the annexation request at the Council's regular meeting on April 18, 2022. The Springfield
City Council 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 Rainbow Water 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 Rainbow Water
District shall become effective July 1, 2023.
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, upon the date of its filing
with the Secretary of State as provided by ORS 222.180, or May 18, 2022, whichever is later.
ADOPTED by the Common Council of the City of Springfield this day of 2022,
by a vote of for and against.
APPROVED by the Mayor of the City of Springfield this day of 2022.
ATTEST:
City Recorder
Mayor
Attachment 2, Page 2 of 33
Exhibit A, Page 1 of 2
EXHIBIT A — Map and Legal Description
PROPERTY REQUESTED FOR ANNEXATION
2189 LOMOND AVENUE
ASSESSOR'S MAP 17-03-14-00, TAX LOT 1500
F❑R A58E55lAEI?�YO N -W-114 N -E-114 SEC- 25 T-173- R -3W- W-M-
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Lane County
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Page 1 of 2
Attachment 2, Page 3 of 33
...` EMAP
1'03]-094
17032512
SPRINGFIELD
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11]00
11900
11900
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SPRINGFIELD
17032512
Exhibit A, Page 2 of 2
Annexation Description
For
City of Springfield
Portion of Lomond Avenue, 23`1 Street. and Map & Tax lot No. 1703251204400
Beginning at the Southeast corner of Lot 11, Block 5 of Loch Lomond Terrace First Addition, as platted
and recorded in Book 46, Page 20, Lane County Oregon Plat Records, Lane County, Oregon; thence
South 89'58' West, along the northerly margin of Lomond Avenue, 435,52 feet to a point of curvature;
thence along the arc of a 140739 foot radius curve to the right (the long chard of which bears North
89"38'18" West 4,22 feet), an arc distance of 4.22 feet, to the Southeast corner of Lot 18, Block 1, of said
Loch Lomond Terrace First Addition; thence leaving said northerly margin of Lomond Avenue, South
04'03'22" East 66.15 feet to the Northwest corner of Lot 13, Block 3 of said Loch Lomond Terrace First
Addition; thence North 89'58' East, along the southerly margin of Lomond Avenue, 176.00 feet to the
Northwest corner of Lot 11, Block 3 of said Loch Lomond Terrace First Addition; thence leaving said
southerly margin of Lomond Avenue, South 120,00 feet to the Southwest corner of said Lot 11, Block 3;
thence North 89'58' East, along the southerly line of said Lot 11, Block 3, 114.74 feet to a point on the
centerline of 23`d Street, a 50 foot wide road; thence North, along the centerli ne of said 23'4 Street,
120.00 feet to a point on the southerly margin of Lomond Avenue; thence North 89`58' East, along said
southerly margin of Lomond Avenue, 144.78 feet to the Northeast corner of Lot 1, Block 6 of said Loch
Lomond Terrace First Addition; thence leaving said southerly margin of Lomond Avenue, North 00°02'
West 60.00 feet to the Point of Beginning in Springfield, Lane County, Oregon,
RF-CISTERED
PROFESSIONAL
—REGON
Ju E 13, 2008
MIKE J. SL'OMME,
ti 743e3
EXPIRES DEC 31, 2023
Page 2 of 2
Attachment 2, Page 4 of 33
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Annexation Application Type IV
Exhibit B, Page 1 of 14
(Applicant. Check on -e)
lAnnexaMon.ADID111cation Submittal: ❑
Requieed Proposal Information [App�icant- Complete This Section).
Property Owner: Timothy and Colleen Stewart Phone: 541-310-0779
Address: 2189 Lomond Avenue Fax:
Springfield, OR 97477
—
E-mail:
cstewart1902(aa' gm
Owner Signature:
`
Y_ y �
Owner Signature:
A ent Name: Phone
Com an • Fax:
Address:
E-mail
Agent Signature:
If the applicant is other than the owner, the owner hereby grants permission. for the applicant W act in his or her behalf, except
where signatures of the owner of record are required, only the owner may sign the petition.
ASSESSOR`S MAP NO: 17-03-25-12 TAX LOT NOS 4400
Property Address:
2189 Lomond Ave. Springfield, OR 97477
Area of Re uesb
Acres; .25 acres
Square Feet: 10, 890 square feet
Existing Use(s)
Residential
of Property:
Proposed Use
Residential
of Property:
Case No.: Q-)C)0Date: f Reviewed By:
TV zi a- initials C
Application Fee: 3� ci Postage Fee:
91
Total Fee:
I W3 aL q. T o
Revised 4/8/14 Bi Page 8 of 17
Attachment 2, Page 5 of 33
..»
Exhibit B, Page 2 of 14
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.
Pre -Submittal
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:
Date:
Si e
Print .
Submittal --
I represent this application to be complete for submittal to the City. Consistent with the completeness chedc
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
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:
,:) - /-dd
%irh _�d T a r C� i�e en S�-e cva vT
Print
Revised 4/8/14 Bl Page 9 of 17
Attachment 2, Page 6 of 33
Exhibit B, Page 3 of 14
Written Narrata,►e for Tin -i and Colleen Stewart
2189 Lomond Avenue, Springfield, OR 97477
We purchased our Springfield home in December of 2020. It was our intent,
from the th e we took possession. of the ho rse, to hire a contractor to remadei the
home by creating an addition to the southwest corner of the house. The addition
would entail enlarging an existing bedroom and adding a bathroom and large closet
to create a "master suite." We met with a contractor and architect, and the process
of drawing plans for the project began. inuring that tinne, the previous honleow vers
provided us with a map depicting the location of the backyard septic tank. Our
architect proceeded with the drawings based on that information, and it wasn't
until three or four months later, when an excavator came to evaluate the site, that
we discovered that the septic tank was located in a different spot than what we'd
originally been told. That, in effect, made it impossible to continue with the project
as planned, as our proposed plans would have us building too close to the septic
tank.
Our contractor, Brad Anderson with Proper Built, Inc., spoke with Andrew
Larson from the Springfield Development and Public Works Department, and it was
determined that we would not be allowed to move the septic system to
allow
}�us�to
build as Planned. V e were told that instead, vie would be r equir eld to i.ie jr. I o the
City of Springfield's sewer system and that we would also be required to complete
the process to annex into the city. It is only after that process is completed that we
will be allowed to apply for the permits necessary to begin our remodeling project.
That brings us to this application.
Written Narrative --Page I of 2
Attachment 2, Page 7 of 33
Exhibit B, Page 4 of 14
tT
A. Yes, the affected territory proposed to be annexed is within the City's
portions of the urban groKO boundary and is contiguous to the city
limits.
€3. After touching Mase with City planning Staff, we believe our request is
consistent with the following policies:
Springfield 2030 Comprehensive Plan's Urbanization Element:
e Policy 27
Pohc'y 29
Policy 33
o Policy 34
Policy 35
C. Yes. Please refer to the attached Private Utility Plan Sheet.
0. We will be signing an improvement agreement for sidewalks, curbs
gutters, street trees and street Rghts.
Wrkten hlarrafte—Page 2 of 2
Attachment 2, Page 8 of 33
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Exhibit B, Page 5 of 14
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Exhibit B, Page 6 of 14
FORM 2
OWNERSHIP WORKSHEET
(This form is k -40T 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
Signed
Yes
Signed
No
17-03-25-12 Tax Lot 4400
Timothy L. Stewart
.25
$276,676.
Yes
$276,676.00
VALUE CONSENTED FOR
17-03-25-12 Taos Lot 4400
Colleen L. Stewart
.25
$276,676.00
Yes
TOTALS:
TOTAL NUMBER OF OWNERS IN THE PROPOSAL
Two
NUMBER OF OWNERS WHO SIGNED
TWO
PERCENTAGE OF OWNERS WHO SIGNED
100%
TOTAL ACREAGE IN PROPOSAL
25 acres
ACREAGE SIGNED FOR
25 acres
PERCENTAGE OF ACREAGE SIGNED FOR
TOTAL VALUE IN THE PROPOSAL
100%
$276,676.00
VALUE CONSENTED FOR
$276,676.00
PERCENTAGE OF VALUE CONSENTED FOR
100%
Revised 4/8/14 Bl
Attachment 2, Page 10 of 33
14 of 17
Exhibit B, Page 7 of 14
FORM 3
SUPPLEMENTAL INFORMATION FORM
(Complete all 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: Colleen L. Stewart
E-mail: cstewart1902fgmail_com
Supply the following information regarding the annexation area.
• Estimated Population (at present): 2
• Number of Existing Residential Units: 4
• Other Uses: not applicable
• Land Area: -25 total acres
• Existing Plan Designation(s): low density residential
• Existing Zoning(s): low density residential
• Existing Land Use(s): residential
• Applicable Comprehensive Plan(s): !metro Plan -
• Applicable Refinement Plan(s): not applicable
• Provide, evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans.
Please refer to written narrative
• Are there development plans associated with this proposed annexation?
Yes X No
If yes, describe.
We are planning to bu7d an addition to our home, which wilt include enlarging an existing bedroom and building a
master bathroom and walk-through closet.
• Is the proposed use or development allowed on the property under the current
pian 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).
Along the western property line
Revised 4/8/14 B]
Attachment 2, Page 11 of 33
Page 15 of 17
Exhibit B, Page 8 of 14
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:
Timothy L. Stewart
Colleen L Stewart
(Name) -
❑
Glenwood Water District
0
Rainbow Water and Fre District
❑
Eugene School District
❑
Pleasant Hill School District
❑
Springfield School District
13
McKenzie Fre & Rescue
❑
Pleasant Hill RFPD
❑
Willakenzie REPD
❑
EPUD
13
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.
Timothy L. Stewart
Colleen L Stewart
(Name) -
(Name) - --
2189 Lomond Ave.
2189 Lomond Ave.
(Address)
(Address)
Springfield, OR 97477 _
Springfield,_ $�7
(City) (Zip)
(City) (zip)
(Name)
(Name)
(Address) (Address)
(zip) (City) (Zip)
Revised 4/8/14 BJ Page 16 of 17
Attachment 2, Page 12 of 33
Exhibit B, Page 9 of 14
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:
174)3-25-12 Tax Lot 4400 218.9 Lomond Ave. Sp ingWd, OR 97477
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 W indefinitely or [ ] until
Date
Si natures of Legal Owners
Please print or -type name
Si nature
Date Signed
Timothy L. Stewart
�Y
12 - t -2
Colleen L. Stewart
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Revised 4/8/14 53
Attachment 2, Page 13 of 33
Page 17 of 17
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Attachment 2, Page 14 of 33
Exhibit B, Page 11 of 14
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MY OF SPRINGFIEW. OREGON
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By DATE
A
NOTICE This pennit shall expire if the work authorized Linder this penrat
is net commenced or is abandoned for any 180 day period.
ATTENTIi011: Oregon I— requires you to 11090W noes adopted by the
'A
Oregon Utility Notification Center. Those mks are set forth in OAR
L 952-O0I-0010 through 952-001-0090. You may obtainiasolthe nit"
OWME"MD by calling the center. (Note: The administrative befepho(n�oPnumberfar the
Cregon Utility Notification Center is (800)332.2344:
NO encroachment allowed within the r Public Uffity Easement ino;uding.
I "d- d but not limited to, eaves and overhangs.
r- — — — — — — —
. . . . . . . . . MINIMUM SETBACKS —INTERIOR LOTS
I L — —— — — — — Ali measurementsare from Property lines
I -Front Yard to House 10 feel
-Front Yard to Garage 118 feet
-Side Yard to Home or Garage 5 feet
-Rear Yard to House or Garage 110 feet
P.U.E. MAY CHANGE SETBACKS
PLANNING PARCEL COVERAGE
Lot Area: 10.890 sq. ft.
Covered Structure: 2.410 sq. ft.
Coverage (45% Max): 22%
SOLAR ACCESS
WA - Right of Way to the North
Attachment 2, Page 15 of 33
Exhibit B, Page 12 of 14
EXHIBIT A
NORTHWEST TIMBERLAND CONSULTING & SURVEYING, INC.
LICENSED PROFESSIONAL LAND SURVEYOR
37036 HWY #58, PLEASANT HILL, ORE 97455-9785
PHONE OR FAX (541) 461-4076
A LEGAL DESCRIPTION FOR AN ANNEXATION TO CITY OF SPRINGFIELD, OREGON
FOR TAX LOT 4400 OF TAX LOT MAP #17032512,
BEING LOT #11 OF BLOCK #3 OF
LOCH LOMOND TERRACE FIRST ADDITION (BOOK 46, PAGE 20)
AND THE ADJOINING STREETS RIGHT-OF-WAYS TO CENTERLINE
LOCATED IN THE
NW 'l4 OF THE NE Y4 OF SECTION 25,
T17S, R3W, W.M.
LANE COUNTY, OREGON
JANUARY 28, 2022
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT #11, BLOCK #3 OF LOCH LOMOND
TERRACE FIRST ADDITION (BOOK 46, PAGE 20) SUBDIVISION AS FILED IN THE LANE
COUNTY OFFICE OF DEEDS AND RECORDS LOCATED IN THE NW Y4 OF THE NE % OF
SECTION 25, TOWNSHIP 17 SOUTH, RANGE 3 WEST, W.M_, SAID CORNER BEING
MONUMENTED IN SAID SUBDIVISION AS FILED IN THE LANE COUNTY SURVEYORS
OFFICE, THENCE NORTH 390 47'31" EAST 39.06 +1- FEET TO THE INTERSECTION OF
LOMOND AVENUE (60.0 FOOT RIGHT-OF-WAY (R -O -W) CENTERLINE AND 23R° STREET'S
(50.0 FOOT R -O -W) CENTERLINE, SAID INTERSECTION BEING THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION:
THENCE CONTINUING ALONG THE SAID CENTERLINE OF 23R° STREET'S R -O -W, SOUTH
150.0 FEET TO A POINT;
THENCE LEAVING SAID CENTERLINE, SOUTH 890 58' WEST 25.0 FEET TO A POINT, SAID
POINT BEING THE SOUTHEAST CORNER OF SAID LOT #11;
THENCE ALONG THE SOUTH LINE OF SAID LOT, SOUTH 89' 58' WEST 89.74 FEET TO THE
SOUTHWEST CORNER OF SAID LOT;
THENCE LEAVING THE SAID SOUTH LINE OF LOT, NORTH 120.0 FEET ALONG THE WEST
LINE OF SAID LOT #11 TO THE NORTHWEST CORNER OF SAID LOT;
THENCE LEAVING THE SAID WEST LINE OF LOT, CONTINUING NORTH 25.0 FEET TO THE
CENTERLINE OF SAID LOMOND AVENUE;
THENCE ALONG THE SAID CENTERLINE, SOUTH 890 58' WEST 114.74 +1- FEET TO THE
TRUE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION, ALL IN LANE COUNTY,
OREGON.
SAID DESCRIPTION CONTAINS 17211.0 SgFt OR 0.395 +1- ACRES. REGISTERED
PROFESSIONAL
LAND SURVEYOR
MARCH 16, 1993
HARVEY Y CH RISTENSEN
Attachment 2, Page 16 of 33
Exhibit B, Page 13 of 14
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Attachment 2, Page 17 of 33
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TYPE IV — ANNEXATION
STAFF REPORT AND FINDINGS OF FACT
File Name: Stewart Annexation
Applicant: Tim & Colleen Stewart
Case Number: 811-22-000034-TYP4
Proposal Location:
2189 Lomond Avenue
Assessor's Map 17-03-25-12, TL 4400
Current Zoning & Comprehensive
Plan Designation:
Low Density Residential (LDR) with the
Urbanizable Fringe Overlay (UF -10)
Applicable Comprehensive Plan:
Metro Plan and Springfield 2030
Comprehensive Plan
Exhibit C, Page 1 of 7
�r"rLlr�C�rlt�i]
OREGON
Application Submittal Date: February 1, 2022
Associated Applications: 811 -21 -000271 -PRE (Development Issues Meeting); 811 -21 -000317 -PRE
(Pre -Submittal Meeting held December 17, 2021)
CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE:
POSITION
REVIEW OF
NAME
PHONE
Project Manager
Planning
Melissa Cariiio
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
Review Process (Springfield Development Code (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 November 16, 2021 (Case
811 -21 -000271 -PRE).
Conclusion: The requirement in SDC 5.7-120 is met.
Attachment 2, Page 19 of 33
Exhibit C, Page 2 of 7
Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i
and ORS 222.170(l), 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 owners who own all the land and real property, and full assessed value of real
property in the contiguous territory, have filed an application and petition requesting annexation to the City of
Springfield (Attachment 2, Exhibit B).
Finding: In addition to the petition, the submitted application includes the required documents listed under SDC
5.7-125.B. This includes a Verification of Property Owners signed by the Lane County Department of Assessment
and Taxation (Form 1), the Ownership Worksheet (Form 2), and a Waiver Form in accordance with ORS 222.173
(Form 4).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The subject property, 2189 Lomond Avenue, has an existing residence on site along with a pull
through driveway with site access from both Lomond Avenue and 23rd Street. The corner property is located at the
southwest corner of the Lomond Avenue and 23rd Street intersection. The subject site is inside the Springfield
Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its western boundary and
along its northern boundary, across the Lomond Avenue public right-of-way.
Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) applied
according to the City's Zoning Map. Based on the applicants' submittal, the primary purpose of the annexation
request is to facilitate connection to the public sanitary sewer system as they plan to renovate and expand the existing
residential development on site. A public sanitary sewer line stub is already available at the site's northwest corner
and would be extended to serve the existing residence. An Annexation Agreement has been signed by the applicants
and is ready for execution by the City. The Annexation Agreement outlines the applicants' responsibilities and
financial obligations for provision of public streets, utilities, and services to the property.
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 ambulance services
(Eugene/Springfield Fire)'. The applicants currently receive water service and fire protection from the Rainbow
Water District; however, the Springfield Utility Board (SUB) operates the existing electric and water utility
infrastructure along the Lomond Avenue and 23' Street frontages. 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 (through Eugene/Springfield Fire) to the subject area.
The approximately 40,000 ftZ proposed annexation area consists of the 0.25 -acre subject property, a segment of the
Lomond Avenue public right-of-way (ROW), and a small portion of the 23' Street ROW. The annexation area that
includes ROW consists of the area of 23" Street that abuts the subject property to the center line of the ROW, and
it also comprises of Lomond Avenue ROW from city limits on the east to the Loch Drive intersection on the west.
This annexation area covers the portions of ROW that were not annexed into city limits when the following
properties were annexed: 2140, 2148, and 2167 Lomond Avenue.
To avoid disruptions of service areas along the Lomond Avenue ROW, the City included a larger segment of
Lomond Avenue into the annexation area. This segment of Lomond Avenue ROW also includes a City -owned
public sanitary sewer system as shown in purple on the top of the next page.
'The subject property currently receives emergency services from Eugene/Springfield Fire through long-standing contractual
agreements, including Rainbow Water District. The standards of coverage can be found here: https://www.eugene-
or.gov/Docu mentCenter/View/56636/Sta nda rds-of-Response-Coverage_FY-2020?bid Id=
Attachment 2, Page 20 of 33
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 15, 2022, 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 (Rainbow Water District,
Eugene/Springfield Fire) and all other public utility providers (Springfield Utility Board, CenturyLink
Telecommunications); 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 811-22-000034-TYP4.
Newspaper Notice. Notice of the April 4, 2022, public hearing was published in The Register- Guard on
March 20' and 27th.
Posted Notice. A total of 4 notices were posted for the April 4' public hearing. Notice was posted on both
the City of Springfield website and the Department of Public Works' Digital Display in City Hall on March 17'
and March 21 St respectively. Two notices were also posted along the subject property street frontages, with one along
Lomond Avenue and the other along 23' Street on March 21St
Finding: Upon annexation of the subject territory to the City, the underlying Low Density Residential (LDR) 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
February 4, 2022, meeting the 35 -day advance notice as required.
Finding: Staff did not receive any written comments from the public on this application prior to the April 4" City
Council meeting.
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 City of Springfield's acknowledged urban growth
boundary (UGB). The property requested for annexation abuts the Springfield city limits along its western boundary
Attachment 2, Page 21 of 33
Exhibit C, Page 4 of 7
and northern boundary across the Lomond Avenue public right-of-way. 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 annexation area is located within the acknowledged Springfield UGB and as more specifically
delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be
within the City of Springfield.
Finding: The Springfield 2030 Comprehensive Plan amends the Eugene -Springfield Metropolitan Area General
Plan (Metro Plan) through adoption of ordinances since 2011. Volume 1 of the Springfield 2030 Comprehensive
Plan includes the following elements: Economic, Residential Land Use & Housing, Recreation, Transportation, and
Urbanization. In December 2016, Springfield adopted the Urbanization Element 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.
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 Comprehensive 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 Comprehensive Plan — Urbanization Element, which will result in the elimination of special
districts within the urbanizable area. The Metro Plan and the Springfield 2030 Comprehensive Plan — Urbanization
Element recognize that as annexations to the City occur, the special district service areas within the UGB will
diminish incrementally and eventually will be dissolved.
Finding: The territory requested for annexation is currently within the service area of the Rainbow Water District.
The rural water and fire service district has a service arrangement with Eugene/Springfield for provision of fire and
emergency medical service response to unincorporated areas of Springfield. After the public hearing and upon
Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water
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 and emergency medical service directly to the annexation area.
Finding: In accordance with Policy 33 of the Springfield 2030 Comprehensive Plan — Urbanization Element, SUB
is the exclusive water service provider within the Springfield City Limits. SUB will become the direct service
provider upon annexation.
Finding: In accordance with Policy 34 of the Springfield 2030 Comprehensive 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. If this annexation request is approved and the Annexation Agreement is executed, the subject property
will be provided with new urban services such as public sanitary sewer and SUB water service.
Finding: In accordance with Policy 35 of the Springfield 2030 Comprehensive 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. The property owners applied for annexation to the City (Attachment 2, Exhibit B), and an Annexation
Agreement is already signed by the applicant and is prepared for execution by the City in order to connect to the
public sanitary sewer and access SUB water service (Attachment 2, Exhibit D).
Conclusion: The proposal meets and complies with criterion B, SDC 5.7-140.
Attachment 2, Page 22 of 33
Exhibit C, Page 5 of 7
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 Comprehensive 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 Comprehensive 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 Comprehensive 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 western boundary and
northern boundary across from the Lomond Avenue public right-of-way (ROW). Urban utilities including sanitary
sewer, electricity, and water service, have been extended within the Lomond Avenue ROW 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 and future development. In addition to urban utilities, the following facilities and services are
either available or can be extended to this annexation area:
Water — As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon
annexation, the applicants would be eligible to continue using the existing water connections or extend public water
lines necessary to serve the subject property. SUB states that there is enough capacity for the existing water
connection to serve the current residential use. The applicants must transfer water service from the Rainbow Water
District to SUB by July 1, 2023, in accordance with ORS 222.465. (SUB Water Representative: Keoki Lapina,
KeokiL@subutil.com
Electricity — SUB provides electric service to the neighborhoods in Springfield within incorporated areas of
Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical
system infrastructure within the Lomond Avenue public ROW will continue to provide service to the subject
property and continue to be maintained by SUB. The existing infrastructure is designed to meet the capacity needs
for residential uses in the vicinity.
Police Services — Springfield Police Department currently provides service to areas of Springfield that are already
inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriffs
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 Rainbow Water District. Upon annexation, the Eugene/Springfield Fire
Department will provide fire and emergency services directly to the subject territory.
Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire
Department. 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 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
Attachment 2, Page 23 of 33
Exhibit C, Page 6 of 7
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's residents will be served by the
Springfield Public Library.
Schools — The Springfield School District serves this area of Springfield. The Springfield School District has
capacity to continue serving the annexation area and its residents in its current configuration.
Sanitary Sewer — Currently, the subject property is served by a septic system. An existing public sanitary sewer
system is located in Lomond Avenue. It consists of an 8-12" main with 6" laterals extended to this property and
other surrounding properties. City Staff evaluated the Wastewater Master Plan, and using the assumptions
provided within, deemed a sewer capacity analysis consistent with EDSPM section 2.02.2 is not required. No
future permitted use would increase demand on the system beyond 5000 gpd or 10% of downstream capacity as
planned in the Wastewater Master Plan.
Stormwater — The subject property is not currently served by public stormwater management systems. Extension
and expansion of the public stormwater system is not yet planned for this vicinity, and stormwater runoff must be managed
and mitigated on site. An existing public storm sewer system is located in the Lomond Avenue ROW, just west of the
intersection with Loch Drive.
Streets — The Property has legal and physical access to Lomond Avenue. The property also has frontage along 231
Street, which is improved with curb and gutter. Currently, both streets provide adequate access for the existing
residential use. Full improvements to both Lomond Avenue and 23' Street per clause 1.1.3 in the draft Annexation
Agreement will be required at time of future development consistent with zoning.
As stated earlier, a segment of the Lomond Avenue ROW and a portion of the 23rd Street ROW is also proposed
for annexation. With annexation, the applicants will be responsible for improving the portions of Lomond Avenue
and 23' Streets that abut the subject property as provided in the Annexation Agreement.
Solid Waste Mana e ment — 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, such as CenturyLink, offer both wired and wireless communication
services in the Eugene -Springfield metropolitan area. Existing providers and those entering the market have the
capability to provide service to this area.
Land Use Controls — The annexation area is within Springfield's urban growth boundary (UGB). Through an
intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and
building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls
after annexation.
Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the
Springfield 2030 Comprehensive Plan — Urbanization Element are immediately available and have the capacity to
serve the site.
Conclusion: Based on the Findings above, the proposed annexation, if approved, will result in a boundary in
which the minimum level of key urban facilities and services can be provided in an orderly efficient and timely
Attachment 2, Page 24 of 33
Exhibit C, Page 7 of 7
manner because of their availability and capacity levels meet the City's requirements. The proposal complies
with criterion C, SDC 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: An Annexation Agreement that outlines the applicants' financial responsibility for provision of public
streets and utilities necessary to serve the property is available for review (Attachment 2, Exhibit D). The Annexation
Agreement will need to be executed by both the applicants and City for the annexation action to be concluded. Upon
future development and change of use on the subject property, the property owner will be responsible for the cost of
constructing the public improvements necessary to serve the area. 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.
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 the Rainbow Water District for water and
fire protection service. The City of Springfield, by and through the Springfield Utility Board, will provide water
service after annexation by July 1, 2023. Consistent with SDC 5.7-160, notice was provided, a public hearing was
held, and the City Council determined that withdrawal from the Rainbow Water District concurrently with
annexation of the territory to the City of Springfield was in the best interest of the city. The withdrawal from the
Rainbow Water District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive 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.
Attachment 2, Page 25 of 33
Exhibit D, Page 1 of 8
ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Colleen and Timothy Stewart ("APPLICANT").
RECITALS
A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The
property is proximate to the jurisdictional limits of the City and is subject to annexation by
the City of Springfield following minor boundary change processes.
B. APPLICANT has submitted to the City a request for Annexation, dated February 1, 2022,
for a property identified as Assessor's Map No. 17-03-25-12 Tax Lot 04400, which is
currently municipally addressed as 2189 Lomond and is more particularly described in
Exhibit A.
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation. At the time of annexation, the Property will also be annexed into the
Willamalane Park & Recreation District, and the property owner must pay Willamalane's
applicable system development charges.
D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield.
The Property is within the Urbanizable Fringe Overlay District (UF -10) according to the
Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR).
E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can
be provided with the minimum level of key urban facilities and services as defined in Policy
31 of the Springfield Comprehensive Plan — Urbanization Element, and such showing is
supported by the substantial evidence in the record of the proceeding on this annexation.
City staff has determined the minimum level of key urban services is currently available to
the Property.
F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment
and agreement to the allocation of financial responsibility for public facilities and services
for the Property and other users of the facilities, sufficient to meet the City's requirements
for the provision of key urban services, including long-term public sanitary sewer,
stormwater management systems, interconnected transportation systems, and Fire and Life
Safety services necessary for an affirmative City recommendation for the annexation
request.
After Recording, Return to:
City of Springfield
Attn: Current Development Division
Development & Public Works Department
225 Fifth Street
Springfield, OR 97477
Place Bar Code Sticker Here:
ANNE ' RMA�i,Rfj%jt OfSae 1 of 8
Exhibit D, Page 2 of 8
G. A public sanitary sewer system with sufficient capacity to serve the Property and other
existing and proposed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property.
• There is an existing 8" sewer main in Lomond Ave with a service lateral already
extended to the western property line between 2189 Lomond (subject address) and
2167 Lomond and is available for hookup after the annexation is approved.
• City Staff have determined that this sewer main also has enough capacity to serve the
residential Property. No future conforming use would increase demand on the
system beyond 5,000 gpd or 10% of downstream capacity as planned in the
Wastewater Master Plan
H. A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a finding that this key urban service is available to serve the Property.
• The existing house drains to the curb and gutter in Lomond which has a storm drain
system to the west that currently drains this site and the rest of Lomond Ave as well.
The annexation will not increase stormwater leaving the site.
• City Staff determined that any increase in impervious area on the Property and
surrounding parcels for permitted uses may require a drainage report and mitigation
measures relevant to that increase as per the City of Springfield EDSPM and the City
of Eugene Stormwater Management Manual.
I. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
• The Property has legal and physical access to Lomond Ave and 23`d St via two
existing residential driveways.
• Both Lomond Avenue and 23`d Street are paved with curb and gutter. Both streets
lack sidewalks, street trees and do not meet current street light standards for local
residential streets.
J. Springfield Utility Board (SUB) provides both water and electric service to most properties
within City limits. The availability and capacity of these key urban services (water, electric)
are required to serve the Property.
• Rainbow Water (and Fire) District (RWD) currently provides water and fire
protection service to the Property. SUB Water and RWD will coordinate the transfer
of water service from RWD to SUB Water after annexation approval. Fire
protection services will also move to Eugene/Springfield Fire.
ANNE � l FON�JT OfSae 2 of 8
Exhibit D, Page 3 of 8
• SUB Electric already provides service to the Property and will continue to provide
electrical service after annexation approval.
K. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City's conditions for an
affirmative recommendation for annexation to the Common Council, and in exchange for
the obligations of the City set forth below, APPLICANT shall comply with all requirements
imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to
perform the obligations set forth in this section.
1.1.1. APPLICANT or future property owner shall participate with any city or county
project or Local Improvement District (LID) to install the missing urban
improvements for Lomond Avenue and 23rd Street with financial payment as
determined in that project to be proportional to their lot. Improvements include
sidewalks, curb and gutter, street trees, and storm drainage requirements.
1.1.2. The Property Owner will not have any applicable system development charges for
stormwater management unless the Property Owner creates any increase in
stormwater runoff from new impervious area for ANY development (including
redevelopment) on site. If the Property Owner cannot show how to adequately treat
and dispose of stormwater using the methods in the City of Springfield EDSPM and
the City of Eugene Stormwater Management Manual, the storm drain system to the
west of the Property may also be used for overflow for the on-site stormwater
management system. The Property Owner must pay any applicable system
development charges related to stormwater management if and when the applicant
connects to the public storm drain system for overflow from the on-site stormwater
management system.
1.2. APPLICANT shall provide and be financially responsible for the provision of any
additional urban facilities and services identified during the review and approval of any
land division or development permit as necessary to serve the further development of the
Property, including the construction and maintenance thereof. Urban facilities and services
include utility services, street paving, sidewalks, curb and gutter, street trees, streetlights,
street access points, and storm drainage requirements. Other redevelopment on the
Property, without further land division, will be subject to the applicable development
standards and requirements listed in the Springfield Development Code.
1.3. In determining APPLICANT's share of costs for the improvements described in this
Agreement, the full cost for the provision of the improvements at the time of construction
shall be used. For the purposes of this Agreement, the full cost shall include design,
ANNE � l F J 58e 3 of 8
Exhibit D, Page 4 of 8
construction, acquisition of land and/or easements, studies, permits from all agencies
having jurisdiction, attorney's fees, and all other costs reasonably associated with the
implementation of the needed improvements.
2. Obligations of City. Consistent with the above Recitals, City agrees to:
2.1 Process the annexation request and support annexation of the Property to the City before
the Common Council, and support APPLICANT's defense of any appeal of a decision to
the City. However, the City will not assume any financial responsibility to provide legal
counsel on appeal.
3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are
necessary for the annexation and development of the Property and as such shall run with the
Property and shall be binding upon the heirs, executors, assigns, administrators, and successors
of the parties hereto, and shall be construed to be a benefit to and burden upon the Property.
This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane
County Deeds and Records. This Agreement may be assigned by APPLICANT and shall
benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a
precondition to the support of the City for annexation of the Property described in Exhibit A to
the City. Accordingly, the City retains all rights for enforcement of this Agreement.
4. Limitations on the Development. No portion of the Property shall be further developed prior to
the approval of a land division or development permit, as applicable, for the proposed
development.
5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions,
consents and all other documents necessary to obtain the public facilities and services described
herein as benefiting the Property, under any Improvement Act or proceeding of the State of
Oregon, Lane County, or the City and to waive all rights to remonstrate against these
improvements. APPLICANT does not waive the right to protest the amount or manner of
spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or
operate unfairly upon the Property. APPLICANT waives any right to file a written
remonstrance against these improvements. APPLICANT does not waive its right to comment
upon any proposed Local Improvement District (LID) or any related matters orally or in writing.
7. Modification of Agreement. This Agreement may only be modified in writing signed by both
parties. Any modifications to this Agreement shall require the approval of the Springfield
Common Council. This Agreement shall not be modified such that the minimum level of key
urban facilities and services as defined in Policy 31 of the Springfield Comprehensive Plan —
Urbanization Element and as required herein are not provided in a timely manner to the
Property.
8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to the
use and development of this Property. Nothing herein shall be construed as City providing or
ANNE ' RMA�i,Rfj%J' OfSge 4 of 8
Exhibit D, Page 5 of 8
agreeing to provide approval of any building, land use, or other development application or
Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT.
APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal
permits and any other approvals as may be required.
9. Dolan. APPLICANT knows and understands any rights it may have under the law as
interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the
legal effect of Dolan and by entering into this Agreement hereby waives any requirement that
the City demonstrate the public improvements and other obligations of APPLICANT, for
payments, financial responsibility and reimbursements set forth in Section 1, required herein,
are roughly proportional to the burden and demands placed upon the urban facilities and
services by the development and to the impacts of the development of the Property.
APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of
Tigard and cases interpreting the legal effect of Dolan arising out of the actions described
herein.
10. Ballot Measures 37/49/ORS 195.300 et seg. APPLICANT knows and understands any rights it
may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation
for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns,
administrators and successors hereby waive any claim or cause of action it may have under such
ORS provisions against the City.
11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such
enforceability or invalidity shall not affect the enforceability or validity of any other provision
of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the
rights and liabilities of the parties hereto shall be determined in accordance with the laws of the
State of Oregon.
ANNE ' RMA�i,fj%T�b 5ge 5 of 8
Exhibit D, Page 6 of 8
DATED this o?3ry(day of , 20,19 -
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT
STATE OF OREGON
COUNTY OF LANE I SS
a a'--�
Date
2 23 22
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON RbMaI4 a3 rO , 20-'U BY
TTmt)fl d- S4t44 6Lrfi AS OU)ro-"" OF �S Lomo c) �l►'1 }hPf,lo(i 0P_
(APPLICANT)
q-74471
OFFICIAL STAMP
KELLY R NOTARY
NOTARY PUBLIC OREGON
COMMISSION NO. 484347
*my COMMISSION EXPIRES MARCH 18, 2023
OTARPUBLIC OR REGO
OL
d�
ANNE T�R�i �E0�1 o�am of
CITY OF SPRINGFIELD
Nancy Newton, City Manager
STATE OF OREGON SS
COUNTY OF LANE
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON
(CITY)
AS
Exhibit D, Page 7 of 8
OF
NOTARY PUBLIC FOR OREGON
ANNE � l F*
A*T�j OpSae 7 of 8
,20 BY
Exhibit D, Page 8 of 8
EXHIBIT A
LEGAL DESCRIPTION
Lot 11, Block 3, LOCH LOMOND TERRACE FIRST ADDITION, as platted and recorded in Book 46, Page
20, Lane County Oregon Plat Records, in Lane County, Oregon.
ANNDAAXR A� AA , �T�j o ge 8 of 8