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HomeMy WebLinkAboutItem 08 Mountaingate AnnexationAGENDA ITEM SUMMARY Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: 5/2/2022 Regular Meeting Andy Limbird, DPW 541/726-3784 15 Minutes SPRINGFIELD Council Goals: Maintain and Improve Infrastructure CITY COUNCIL and Facilities ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD — ANNEX 1.77 ACRES OF PROPERTY LOCATED NEAR THE INTERSECTION OF SOUTH 66TH PLACE AND JESSICA DRIVE IN MOUNTAINGATE (MAP 18-02-03-00, TAX LOT 302). ACTION Conduct a public hearing and first reading of the following ordinance: REQUESTED: AN ORDINANCE ANNEXING CERTAIN TERRITORY LOCATED AT THE SOUTHEAST EDGE OF MOUNTAINGATE 2ND ADDITION NEAR SOUTH 66TH PLACE AND JESSICA DRIVE TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (FIRST READING). ISSUE The City Council is requested to consider an ordinance to annex 1.77 acres of property zoned and STATEMENT: designated Low Density Residential that is located near the northeast corner of South 66' Place at Jessica Drive. The proposed annexation is requested to facilitate water utility system upgrades on the site, including replacement of the existing 1.5 -million gallon water reservoir tank. ATTACHMENTS: 1: Location Maps 2: Ordinance with Exhibits Exhibit A: Annexation Legal Description & Map Exhibit B: Annexation Application Exhibit C: Annexation Agreement Exhibit D: Staff Report 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 or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever date is later. The territory requested for annexation is an irregular-shaped parcel on the southeastern edge of the Mountaingate neighborhood. The parcel has frontage on a stub of Jessica Drive along the southwestern edge and it contains an existing concrete water reservoir tank within a fenced compound. The property is zoned and designated for Low Density Residential use with an Urbanizable Fringe Overlay (UF -10), and it is located inside the City's Urban Growth Boundary (UGB). The property is contiguous with the Springfield city limits on all sides. The subject parcel is not within a rural water or fire district so it is not necessary to withdraw the property from a service district concurrently with annexation to the City. As outlined in the attached staff report (Attachment 21)), the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Comprehensive 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 has been prepared for review and signature by the Springfield Utility Board and the City (Attachment 2C), although the applicant is not seeking connection to the City's sanitary sewer system at this time. Recommendation: The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council is requested to conduct the first reading and public hearing of the ordinance annexing this property to the City and Willamalane Park & Recreation District. Council is further requested to continue the public hearing to the regular meeting on May 16 to remedy two- week posted notification requirements of SDC 5.7-130.0 that were not met for this application. MLe f c LL 415CL iA r Mrxen `r`�� vry � i PioneCK 4k�+fY W ' i T i Y�rsanklinBlvd-.--- Y --.. gl,aain L�[her K'�o910 � - � I d C Attachment 1, Page 1 of 2 W N LS+Is59 = V1 v o 75 �ARti Stu 3 - .- .. w ZS c Pk "Fm� �k RON -y Nmoko q A4O r- I4pwv S � A isIS[ E- m b - � m ' � f S 1$ 416L w � p� Is 41h1 m MLe f c LL 415CL iA r Mrxen `r`�� vry � i PioneCK 4k�+fY W ' i T i Y�rsanklinBlvd-.--- Y --.. gl,aain L�[her K'�o910 � - � I d C Attachment 1, Page 1 of 2 — OF 44 JIK CO L qw. VL we 4# - It we. VC I qw 1p Attachment 1, Page 2 of 2 ION �10 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY LOCATED AT THE SOUTHEAST EDGE OF MOUNTAINGATE 2ND ADDITION NEAR SOUTH 66TH PLACE AND JESSICA DRIVE TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION 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 March 16, 2022, said territory being Assessor's Map Township 18 South, Range 02 West, Section 3, Map 00, Tax Lot 302, which is not currently assigned a street address and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7-125.A and ORS 222.111, the property owner initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125.A and ORS 222; WHEREAS, the territory proposed for annexation is within the 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, all required urban services are immediately available to serve the site and the applicant has executed an Annexation Agreement (Exhibit C) that addresses the timing and financial responsibility for provision of public facilities and services to the property; WHEREAS, in accordance with SDC 5.7-150.A, upon annexation the Urbanizable Fringe Overlay District (UF -10) will cease to apply to the property and the underlying Low Density Residential zoning will be retained; WHEREAS, a Staff Report (Exhibit D) 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, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on May 2, 2022, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, Attachment 2, Page 1 of 35 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 generally depicted and more particularly described in Exhibit A to this Ordinance. Section 2. The City Manager or the Development & Public Works Director or their designee shall send copies of this Ordinance to effected State and local agencies as required by SDC 5.7-155. Section 3. 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 4. 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 12022, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of ATTEST: City Recorder Mayor Attachment 2, Page 2 of 35 , 2022. Exhibit A, Page 1 of 2 LEGAL DESCRIPTION ANNEXATION FOR Springfield Utility Board - 3rd Level Reservoir (Map 18-02-03-00, Tax Lot 302) Situated in the Northeast % of Section 3, Township 18 South, Range 2 West of the Willamette Meridian and described as follows: BEGINNING at the Southeast corner of Lot 158, Mountaingate 211d Addition, as platted and recorded on March 28, 2007 in the. Lane County Plat Records; THENCE along the boundary of said Mountaiugate 2nd Addition the following six (6) courses: 1. North 79°42'38" West 202.24 feet; 2. South 30°43'43" Nest 108.51 feet; 3. Along a curve 50.38 feet, said curve having a radius of 45.00 feet, a delta angle of 64°08'31", and a chord that hears South 1TO9'54" West 47.79 feet; 4. South 45`05'12" East 84.96 feet; 5. South 01.°23'00" West 130.00 feet; 6. South 67°16'48" East 31.85 feet; THENCE leaving the boundary of said Mountaingate 211d Addition and continuing the following two (2) courses: 1. Continuing South 67°16'48" East 181.42 feet; 2. North 1°45'44" East 376.18 feet, returning to the POINT OF BEGINNING of this description. Attachment 2, Page 3 of 35 O O 0 00° Exhibit A, Pa e 2 of 2 FOR ASSESSMENT AND O °°SECTION 3 T.18S. R.2W. W.M. REVISIONS 18020300 TAXATION ONLY 0 ° 09/28/2007 - LCAT142 - CONVERT MAP TO GIS ° 0 04/08/2008 - LCAT155 - REMAP D001 TO 18020332 & 33 O 0 Lane County 08/12013 - LCAT15 - NTLs 601 & 602 OUT 600 03/13/3/2015 - LCAT115 - CANC TL 508 INTO 201515 -P2635 SPRINGFIELD O 1 400' 12/08/2015 - LCAT142 - CODE CHANGE TL 800 & 801 ° 0 " = O s 6D00000000 0 pp 40 �op291sF ° °° LCATBHH - 2015-12-08 07:58 LC=W -68.5413° 13" - E M SEE P 33 3 "S�9 O �o 17023443 � 1 1 3533 -J 7023 4 SEE MAP 838'0 i 389.74'4 3° .52A wN °.- �-gg 9 136.7T� N89°58'30"W ° 1_9 " °• j , CANCELLED 0 2 "4 I!V23`- --- S87°09'32"E 54.55' 284.6 S69°43'24"W o 2 y�`ig� N 9*4 '46 W I - ,` - 7000 801 M O ti^ SQ, S 0 19'06" W 25 ?3 80.92' \/1 ,LpO o S08°52.17" ryy. 02 72.16' �/ y 65 26 1000 sag° I J 303 �S °^ 84°36'34'•W - =250.00' �g I o sy N ^ 63.51' LC=S26°48' C=N 64°19'22" W SS), 120.00' NO°34'4"W s� R-225.00' -31.43' .30' 46.04' I I - 838°32 "W 129.30' ys, -125.341°10'19"W R 86.99' S 72°57'20" W R-369.99' � 303 L =526°48'51"VV\ 54.34 n� 3.60' $ S 44°45'25" W w LC=N O6°44'12" E °� 1 ��� I A I z�-� '��� 302 66.4°' SEE MAP ti 59.24 AC N4135849 E 300 S84°44'00"W _ I s7a . "w N 18020321 ��, s° 019-00 Na,° _ 3� Q 302 33 I I Cn 303 W �A, X90 0 304 ,4029' 11'1443"W R=225.00' N 5°57'32"W I N05°58'51" \�\ �p R=365.00' 128.34933"E 0.00, I 75.67' 1 o I 11 SE AP 501 LC=N9°3'18"W V -184.94' I I o `r R=665.0N' 2'2 900 901 SE AP ,\ •�� LC=S 09 4' " E O 9-00 206.00' -325.30' 140.00' 18 (2 411 C S 66°16'12" W N 75°57'32" W 100 n 26' Q +20.00' 304 I LOT 9 LOT I 200 y ACS o 16.47 52.93 202 3p �, s Fop( LC=z �z 301 S °4 ^ E S 56°51 • E "! 1 1' L=30 ss' zor S.24131 ry LOT 1 j 401 _ GI 22.90 M I 502 \ s SEE MAP 3° ° ° G S 05°02'04" W I 7' N ��. A o� F 18020322 77.27' 505 O aN� Pp�p °O SOisas2"E N15°35'26"WI I R=275.0 �h HOL STREET ° S 08°35'16" E 180.03' "vqe LC= °37'0 " W 400 0000 ,' 852°°241" ° y S E MAP 402 o, 74.63' B .51' om `� 202.38' °� S 1 83 912" E M6 3, \ \ N 815 'o+° W I7 20223 201 0 0 0 O 1°00'26" E 8. ° 019-01 ° „2.74' 2 Naz"5o'o " IVY 7000 <\ 0 66.0,' SEE MAP O �° STREET 1100-6900 \ \ ° °°°2945" W 9 18020310 U 0 O 06294' h �" ---- 6? _-- 7 7100-13700 \ `�\ CURVE N 9°5 '27" W N 22°44'11" 367°44 LC = 663.40' ° L-23.69 22 9' 90.47' 508 Cp• \ \ N 36"18'00" W X° ° 21°21'38" W N 37°15'32" z6�o'o = iois0, �-)R ( 0 o 109.21' �e JES 0 0 0 0 0 0 0 \ N'f4° 1 110.00' y'4B). I N70°10'22"E� N44447'1W `S C%i O O O �J O O � `t \ I \ S�•.g� o(� L=36.72' I ° 82" 99.84' `\ O Q". R=325.00' 23g 6$4. COURSE 1 SEE A \ G� ,\ ° 46°w 06 " N73°44'2 2°30'48"W O 18020 3 \ �`\ O es' s4sT 222.+2' N79°42'38"W 202.24' 7000 0 �L�M»APO ° \ \ 70.25 AC N++°+0'22" I �J �- S E A C 8 O O O 0 `9 \P� �. 0.46 AC� ° +3+.49' R= .00 I 18 18020414 9 0 ° DRQ' LOT 8 m LC N41°or3z° LOT 158, MOUNTAINGATE 2nd ADD. C \1�� (0�3'10"E COURSE 2 R=280.00' I 9.47 I LOT 3 830°43'43"W 108.51' I IZSVLVSI4 39.35 COURSE 3 � � P.0.6. J i ESE COR. SW CO I `� I 019-01 R=45.00 302 I COURSE Y 0 t" IN01°45'44"E 376.18' R.G. HIXON S.D. GAG \ j SE COR. LC=S13°09'54"W 47.79' 1.77 AC SW COR. S 03'31'41"W I A=64° 08' 31" O O D.L.C. 47 DELT D.L.C. 6 Cj 29+.00' S.D. GAGER DELT T.J. MAYNARD 00 -----_ PO D.L.C. 61 D.L.C. 37 22795, �- 0. 0 T 1 COURSE 4 °+o a' ? o \:y, s ss " 1 7. 845°05'12"E 84.96' 14 000°000000000000 RDo ° 509 a08 00' 1.25 AC w - Q`%° NE COR. COURSE 5 LOT 2 4 PCL 1 Q 7.95' APP L 1+25. ° - I N < 700 019-00 J. SMITH 3 0 01°23'00"w 130.00' 34.01 (� - 0 11/40 Z D.L.C. 48 vcouRSE 6019 -01 -OO p58 AC Iz. = S67°16'48E 31.85 55Q,6 ' �° 7 C 9.99 AC 42.24' COURSE 7 APPROX. 503 WE 3 .6 Q 0.05AC.S. I 3 7�;s Ca ��0 0 0 ��O �&O a °4a' a7 7 ' S67°16'48"E 181.42' 1/4 COR. 8 F O S.43200 SEE MA 1.42 .0 , " - o 504 m 601 660E ,32°.9,' G -&-E � FND BR. CAP N89°29'07"W +25 1802044 2.39 AC " ° G) I 27.96 AC N�zo615 ��E� ^�C^/ C3�000000000000000000C S83'03' 4' SEE M 0 LC=446.78' I 600 N 17"41'51' W 0 1 0203 1 �\ R=666.2°' 79.66 AC 019-36 5 °I ° I S.29134 I� O LOT 6 000000000 MI m �.0 I 37.82 SEE MAP z 18020200 z >S 602 m w I 27.74 AC I g in `\ LC = 374.85' SEE MAP N26"32'26"W R = 1004.93' 0 18020400 0 w w o S.42656 O ZZI O SEE MAP w O I 0 EE P 18020334 \ww 0 I 18020333 \� 019-15 30 0 1140d THROUGH 12700, & 1370 LC = 444.14' 00 ° 3 S 20°19'0" E Ell1'� R=2814.79' 0 0 O 0 ° O LOT 7 0 I N I 37.82 0 S 89°56'5" E 0 CURVE 0 SEE MAP I O I S 44°08'30 E R 572.96' I 18021000 I 2 Ns = CO I I L=345.40' i moo, O O 9080 4+3 3 1 I APPROX. O 9 10 L108 � v 6gW66AEG 1/4 COR. �V `" `� v W G�o /�l1 � ^ 1323.62' ° I -TlJ v�7lJ N 89°38'29" W 3 2 L Q Ll 0 11+69. 2 1„+69.22 I ^� 10 11 D0 0J °00 \ 0 I 0 °0 0 ° SPRINGFIELD 0 0 0 0 00 Attachment 2, Page 4 of 35 0 0 0 ° 000 ° 18020300 n� 0 o 0 City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Exhibit B, Page 1 of 18 SPRINGFIELD l ti <4 +.. .-(Applicant.- Check one) Annexation Application Pre -Submittal: p Annexation Application Submittal: ❑ Required Proposal Information (Applicant; Complete This Section Propertyowner: Phone: (541) 726-2396 Address: Springfield Utility Board Fax: 202 South 18th Street, Springfield, OR 97477 E-mail: Owner Signature: Owner Signature: 11411!" Agent Name: Rick Satre, AICP, ASLA, CSI Phone (541) 686-4540 Company: The Satre Group Fax: Address: 375 W 4th Avenue, Suite 201, Eugene, OR 97401 E-mail Agent Signature: If the appficant is other than the owner, the owner hereby grants permission for the app[icant to act In his or her behaIF, except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP -NO: 18-02-03-04 TAX LOT NO 5 : 302 Property Address:N❑ site addresses for the Tax Lot Area of Reguest: Acres; 1.77 Square Feet: Existing Use(s) dater storage reservoir of Property: Proposed Use Construct improvements to the SUB 3rd Level Reservoir of Property: Required Property Case No.: i I _ _ t�car�' y- yP Date: 3)11,1 f,�z Reviewed By:70T- initials ApplicationFee: -�'j �, Postage Fee: Total Fee: 3� 14 Revised 4/8/14 BJ Page 8 of 16 Attachment 2, Page 5 of 35 Exhibit B, Page 2 of 18 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: . igna re tel.4r,:��I Print I represent this application to be complete for submittal to the City. Consistent with the completeness check performed an this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary far pracessing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the Information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application, Owner: Date: ►Z2 gna ure Print Revised 4/8/14 BI Attachment 2, Page 6 of 35 Page 9 of 16 Exhibit B, Page 3 of 18 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL HE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. wl Application Fee [SDC 5.7-125(8)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development Services Department. Fees are payable to the City of Springfield. m Petition/ Petition Signature Sheet [SDC 5.7-125(13)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted @ Pre - Submittal, with original copies @ time of application submittal). Consent by Property Owners [DRS 222.170(11 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). A Certification of Ownership [SDC 5.7-125(B)(5)] After completing the attached Petition Signature Sheet (Form 1), have the lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). Rf Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). A Supplemental Information Form [SDC 5.7-125(8)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted @ Pre - Submittal, with original copies @ time of application submittal). A Copy of the Deed (required at application submittal) A Copy of Preliminary Title Report (required at application submittal) Title Report has to be issued within the past 30 days documenting ownership and listing all encumbrances. Revised 4/8/14 B] Attachment 2, Page 7 of 35 Page Yo of 16 Exhibit B, Page 4 of 18 d Annexation Description (sac 5.7-125(B)(9)] A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description shall consist of a series of courses in which the first course shall start at a point of beginning. Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. it Cadastral Map (sac 5.7-125(B)(10)] Three (3) full-size paper copies and one (1) digital copy tin .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. If Digital Copy (in.pdf format) is not available, Nine (9) full-size paper copies and one (1) reduced size redline map at 8 112 x 11 are required. Paper copy maps must be printed to scale. On all submitted maps the annexation area shall be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. 9 DRS 227.173 Waiver Form (soc 5.7-125(B)(8)] Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. wl Public/Private Utility Plan (soc 5.7-125(B)(12)] A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. A Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). (soc 5.7-125(B)(13) and (ia)] A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. mThree (3) copies of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11" AND BOUND BY RUBBER BANDS. Revised 4/8/14 Ba Page 11 of 16 Attachment 2, Page 8 of 35 Exhibit B, Page 5 of 18 THE SATRE GROUP Land Use Planners, Landscape Architects, Environmental Specialists 375 West 4�h Avenue, Suite 201, Eugene, Oregon 97401 .,, �a,„�,�; (541)685-4540 • www.satregrouia.com TO: City of Springfield 225 Stn Street Springfield, OR 97477 ATTN: DATE: March 17. 2022 PROJECT: SUB — 31d Level Reservoir Annexation — Submittai CLIENT PROD #: SG PROJ #: 2140 TRANSMITTED: Herewith DISPOSITION: For Your Approval Separate Cover For Your Information/Use Other For Reply TRANSMITTED: # Copies Item Dated No. Pages (In addition to this cover Pagel 3 caner conies of a: Submittal Annexation Application Packet Various Dates Several REMARKS: This Annexation application packet is hereby submitted for processing. The submittal package includes: 1. This Transmittal 2. Application Fee 3. Application Form 4. Application Attachments Form 1 — Form 4 5. Written Statement 6. Deed 7. Title Report 8. Annexation Description 9. Cadastral Map 10. Public 1 Private Utility Plan We look forward to your assistance with the project. Don't hesitate to contact us should you have any questions or need any additional information. Thank you. COPIES TO: Agency BY: File X Consultant Team X Client X Other Rick Satre, AICP, ASLA, CSi Attachment 2, Page 9 of 35 W 2 lLJ (1) 0 Q' 0 C7 8 H o N H ro Uf) U-1 � � n Z LO 0 u LU ❑.. E L. L U N C `0 u U � CLJ C 0 C17 tlJ w � U U 7• U� rn Y L a a) r- m ru X [u Q) E c m M —_ c 4-0 fu c U 0 C N U U d N L iI] � L -J Q] U t. _ Ul ❑ ru O � V) CL W o aT � c CL a QU L- a a� ❑1 C U o 4- �M(n 0.1 C U U �INs Q N H 41114 1 C I4 1 b L m Exhibit B, Page 6 of 18 �_0 a3 °' �u U q� C v o ra E Ojb 41 � L U N � Q] � b m ra � U rn� U w Qom} n� a a� a] c a �y v - ru C [b � as b ti 61 4S Q] O b ru o C o `' Q` ru C d ❑ h•1 "C � O.Y = m 4- Lq �a kn W a .- ❑ Zama as ai ❑CL '-' a LL f-- kn Ou�,�� Z •° O 4-j h•i O ai f Q C� Q � m U M- N :1 N1C0- O 47 a] y i+ LU C vi p xD w 0 r4 m �n N 7 Ql s>' Exhibit B, Page 7 of 18 114717 L ■A OWNERSHIP WORKSHEET (This form is NOT the petition) {Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation (Map/lot number) Name of Owner Acres Assessed Value Imp. Y N Signed Yes Signed No 18-02-33-00, 302 Springfield Utility Board 1.77 $3,359 100% X VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED I TOTAL ACREAGE IN PROPOSAL, 1.77 acres ACREAGE SIGNED FOR 1.77 acres PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR Revised 4/8/14 BJ Attachment 2, Page 11 of 35 13 of 15 C Exhibit B, Page 8 of 18 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 sheet's.) Contact Person: Rick Satre, AICP, ASLA. CSI E-mail: rick a satregroup.com _ Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: c • Other Uses; Public CJtility Facility - Water Reservoir Site • Land Area: 1.77 total acres Existing Plan Designation(s): Low Density Residential Existing Zoning(s): Low Density Residential . Existing Land Use(s): Public Utility Facility - Water Reservoir Site • Applicable Comprehensive Plan(s): Eugene-SprinWield Metropolitan Area General Plan • Applicable Refinement Plan(s): „None_ Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. Metro Plan Designation is LID R. Existinplglanned use is Hj jh Impact Public Utility Facility, permitted 1n LDR district subject to standards. Key urban services are available. Contiguous to city limits. Meets annexation criteria. ■ Are there development plans associated with this proposed annexation? Yes-EZI—NoE-1 If yes, describe. There are p�ans to upgrade The existinp facility in Jbp, future • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes 71 No = • Please describe where the proposed annexation is contiguous to the city limits {non-contiguous annexations cannot be approved under 5.7-140, Criteria}. Contiguous on the north, west and south sides. Revised 4/8/14 B] Attachment 2, Page 12 of 35 Page 14 of 16 Exhibit B, Page 9 of 18 Does this application include all contiguous property under the same ownership? Yes [—] No _0 If no, state the reasons why all property is not included: Contiguous property is already annexed. Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District 0 Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Wiilakenzie RFPD ❑ EPUD 0 SUB ❑ Willamalane Parks and Rec District ❑ Other • Names of persons to whom staff notes and notices should be sent, in addition to applicants), such as an agent or legal representative. Rick Satre, The Satre Group (Name) (Name) 375 West 4th Avenue, Suite 201 _ (Address) (Address) Eugene, OR 97401 (City) (zip) (City) (zip) (Name) (Address) (City) (Name) (Address) (zip) (City) (zip) Revised 4/8/14 B] Page 15 of 15 Attachment 2, Page 13 of 35 Exhibit B, Page 10 of 18 Ie] 1116.0 1 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO DRS 222.173 This waiver of the time limit is for the following described property - 18 -02-03-00, 302 Map and Tax Lot Number assigned] NIA Street Address of Property (if address has been ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We. the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] indefinitely or [ ] until Date Signatures of I enal Owners Please printort ee nn+arne Signature Date Signed r���f /� • e'` f�r^ LCC6: L:18C{30p8 9PrJNGrH4NGC TRANSITI07JL4PPLICATION FQRMSISPRINGFIL•Lt]�}.a-pp-D8 flPLM TEO FORMS�ARL°-SlIBMIT'fAL AIJNEkA77pIJ APPLTCA770H 10-OT-pB.�CC Last Saved: April 9, 20J4 Revised 4/8/14 BJ Attachment 2, Page 14 of 35 Page 16 of 16 Exhibit B, Page 11 of 18 March 16, 2022 SPRINGFIELD UTILITY BOARD SOUTH HILLS 3R° LEVEL RESERVOIR REPLACEMENT Annexation Map 18-02-03-00, Lot 302 Written Statement In accordance with SDC 5.7-125, Annexation Initiation and Application Submittal, the applicant, Springfield Utility Board (SUB), is requesting that the City of Springfield review this annexation request and determine that the proposal complies with criteria contained in SDC 5.7-140 and that the requested annexation can be approved. To aid Springfield staff in this endeavor, the following information is provided. THE SITE AND EXISTING CONDITIONS A. Planning Context The subject property is inside the Urban Grown Boundary (UGB) and outside the City Limits of Springfield. The site is contiguous to area inside City of Springfield city limits on its north, south, east and west boundaries. The Metro Plan designation, neighborhood plan designation and zoning for the subject property is as follows: Metro Plan: Low Density Residential Refinement None Plan: Base Zone: Low Density Residential Overlay Urbanizable Fringe Zone: Overlay District {UF -10} B. Subject Site The existing reservoir property is comprised of one tax lot [Map 18-02-03-00, Lot 00302]. This location is known as the South Hills 3'd Level Reservoir Site. The property is located in the Thurston neighborhood of Springfield. The site contains one existing reservoir, is partially forested and is approximately 1.77 acres in size. Access is by way of a graveled drive extending from South 66t' Place from the west. Subject Property At- % -"�.7iya Excerpt Springfield zoning Map April 2019 South Hills Reservoir Site Bing Maps — Looking South PLANNERS LANDSCAPE ARCHITECTS + ENVIRONMENTAL SPECIALISTS 375 West 4th, Suiie 201, Eugene, OR 97401 Phone: 541.606.4540 www.Satregroupxorn Attachment 2, Page 15 of 35 �rri THE SA RE GROUP Exhibit B, Page 12 of 18 Springfield Utility Board — South Hills 3' Level Reservoir Replacement Page 2 of 5 Annexation -- Written Statement March 16. 2022 C. Development Objective The development objective for the existing reservoir site is threefold. One, to continue serving as a water storage reservoir site; two, the construction of a new, second water storage reservoir, and three the demolition and replacement of the existing water storage reservoir. Among other permits and approvals, annexation into the Springfield City Limits is the first step. II. ANNEXATION — APPROVAL CRITERIA Annexation Approval Criteria are found in Section 5.7-140 of the Springfield Development Code (SDG). Applicable sections of the Code are in bold italics followed by proposed findings of facts in normal text.. SDC 5.7-140. An annexation 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 contiguous to the city limits; or separated from the City only by a public right-of-way or a stream, lake or other body of water. B. Response: The affected territory is located within the city's urban growth boundary and is contiguous to the city limits on its northern, southern, eastern, and western boundaries. Given this, criterion 5.7-140(A) is met. The proposed annexation is consistent with applicable polices in the Metro Plan and in any applicable refinement plan or Plan Districts; Response: The subject property is ` designated Low Density Residential on the Metro Plan diagram. There are no ; '� applicable refinement plans or Plan Districts. Once annexed to the City of q? Springfield, the Urbanizable Fringe (UF -10) overlay will no longer apply, and the site will be zoned Low Density Residential. Metro Plan Diagram 2010 METRO PLAN: Applicable policies of the Metro Plan are listed below: C. Growth Management, Goals Findings and Policies: ■ Policy 8a. Land within the UG6 maybe converted from urbanizable to urban only through annexation to a city when it is found that: A minimum of key urban facilities and services can be provided to the area in an orderly and efficient manner. Response: Minimum key urban facilities and services as defined in the Metro Plan includes wastewater, stermwater, transportation, solid waste management, water service, fire and emergency medical service, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities and public schools on a district -wide basis (Metro Plan, Chapter V, Glossary, definition 24). As documented The Satre Group • 375 West 49' Avenue, Suite 201, Eugene, OR 97401 ■ (541) 686-4540 ■ www.satregrouumm Attachment 2, Page 16 of 35 Springfield Utility Board — South Hills 31d Level Reservoir Replacement Annexation — Written Statement March 16, 2022 Exhibit B, Page 13 of 18 Page 3 of 5 elsewhere in this application these key urban facilities and services have been provided to the subject site in an orderly and efficient manner. • Policy 1Q. Annexation to a city through normal processes shall continue to be the highest priority. Response: Annexation into the corporate limits of the City of Springfield is codified in the Springfield Development Code {SDC} 5.7-100-5.7-165. Processes and procedures regarding application, annexation, approval criteria, effective date and notice, and withdrawal from special districts are, by submittal and processing of this Annexation Application, being followed. • Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. Response: The subject site is inside the Springfield's Urban Growth Boundary. By this Annexation Application herein land within the UGB (the subject site) is being annexed and as required by applicable approval criteria, will be provided with the minimum level of urban facilities and services. • Policy 9 S. As annexations to cities occur over time, existing special service districts within the UGS shall dissolve. The cities should consider developing intergovernmental agreements, which address transition issues raised by annexation, with the affected special service districts. Response: A special district providing services to the subject property is the Willamalane Park and Recreation District. Willamalane is not contemplated to dissolve. Willamalane and the City of Springfield have an intergovernmental agreement regarding property annexation into the City, therefore, when a property is annexed, annexation into the Willamalane Park and Recreation District also occurs. ■ Policy 21 a. When unincorporated territory within the UGB is provided with any new urban service that service shall be provided by the following method.- Annexation to a city. Response: Existing facilities and services are currently provided to the development site. Therefore, this Metro Plan policy has already been satisfied. Given the above, criterion 5.7-140(B) is met. 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 Response: The annexation site can be provided with key urban facilities and services as defined in the Metro Plan. Facilities and services applicable to the site, including information regarding providers, existing facilities and service extensions, is provided below: Storrs: The nearest public stormwater infrastructure is located in Jessica Drive at the site's southwest corner. Public stormwater infrastructure is also available in South 66th Place. Private stormwater infrastructure is a storm line running down the east property line to South 67t" and Ivy. The existing public and private systems will continue to be utilized. The Satre Group • 375 West 4`h Avenue, Suite 201, Eugene, OR 97401 • (541) 686-4540 • wuiw.s8trear0uJ3.0nm Attachment 2, Page 17 of 35 Exhibit B, Page 14 of 18 Springfield Utility Board — South Hills 31d Level Reservoir Replacement Page 4 of 5 Annexation — Written Statement Sanitary: Sanitary infrastructure is adjacent to the site in both Jessica Drive and South 661h Place. Should sanitary infrastructure be needed for the subject property in the future, service would be extended from South 66 Place. This can occur through the intervening property between South 66th Place and the site as there is an existing access/utility easement from South 661h Place to the subject property (confirmed with Staff on 319122). iwME KM MAW EWANr RV WOOF R 75w [L= 17X 17.E IM 176 AW 177 coif s AW VOWRO urepr OW a-Mio• J17'3 172 {, r6178 SF k 2459 S'Fqs f I =-may;:' ,cw Sx�rr79' rs• h Oram :. _.:. �rrr4a 2s'r 174 +�, a -rias• rM2 say 1776 11184 Sr 1 177 1rN3 Easement 2007-020544 March 2007 Water: Paralleling the east property line to South 67th and Ivy, there is a 16" water line used to fill the reservoir. Water is currently provided by Springfield Utility Board (SUB) and does not need to be extended. Electric: Electric infrastructure is adjacent to the subject property along its east boundary. The existing service would remain. Streets: South 66th Place and Jessica Drive are local streets. Right-of-way has been dedicated and the streets have been improved west and southwest of the subject tax lot in accordance with a prior, unrelated, subdivision and PER approvals. To create an interconnected transportation system with land uses in the vicinity of the property, a private 20' wide emergency access easement and 15' wide slope easement was dedicated on tax lot 18•-02-03-10-00100. If needed, the emergency access easement will be constructed as part of a PIP by the future developer of tax iot 18-02-02-00-00402 and can be extinguished when the lot develops with sufficient access that the easement is no longer needed. Given this, criterion 5.7-140(C) is met. 0. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Response: Annexation of the subject property into the City of Springfield is not anticipated to have any fiscal impacts. Therefore, an Annexation Agreement is not required for annexation of the subject property. Given this, this criterion 5.7-140(D) is met. The Satre Group ■ 375 West 41" Avenue, Suite 201, Eugene, CR 97401 ■ [541 ] 688-4540 ■ www.satregroup.com Attachment 2, Page 18 of 35 W Exhibit B, Page 15 of 18 Springfield Utility Board — South Hills 31d Level Reservoir Replacement Page 5 of 5 Annexation — Written Statement March 16, 2022 III. Conclusion Based on the information contained in this written statement and elsewhere in the application submittal, the applicant believes that the requested annexation can be approved. If you have any questions about the above application, please do not hesitate to contact Rick Satre, at The Satre Group, 541-686-4540 or rick()satregroup.com. Sincerely, R 6c lSc trrel Rick Satre, AICP, ASLA, CSI, PrincipailPartner The Satre Group rhe Satre Group • 375 West 4 1 Avenue, Suite 201, Eugene, OR 97401 • (5,41) 685-4540 ■ www.satmmuo.com Attachment 2, Page 19 of 35 Exhibit B, Page 16 of 18 February 24, 2022 SPRINGFIELD UTILITY BOARD SOUTH HILLS 3R° LEVEL RESERVOIR REPLACEMENT Annexation Map 18-0203-00, Lot 302 Public 1 Private Utility Plan rSDC 5.7-125(B)(12 SDC 5.7-125(B)(12) calls for: A publiclprivate utility plan describing how the proposed affected territory can be served by a fuliftnimum level of key urban facilities and services. The Annexation Application calls for: A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and Public Works staff will work with the applicant to complete the Annexation Agreement. In response, the Springfield Utility Board 31d Levet Reservoir Replacement Annexation Application includes the following Public/Private Utility Plan. This Public/Private Utility Plan describes what Is known regarding facility providers, existing facilities and anticipated service extension. Existing Facilities, Providers and Service Extension Key facilities and services as defined by the Metro Plan and how they will be met are as follows: 5tormwater Provider: Current: Future: Existing Facilities: Private: Public: Service Extension: Private: Public: Wastewater Provider: Existing Facilities.- Service acilities:Service Extension: On -Site: Private — SUB. Off -Site: Public — City of Springfield. On -Site: Private — SUB. Off -Site: Public — City of Springfield. The site is currently provided on-site stormwater service by way of a private 8" PVC drainline from the site to the public system at 67th and Ivy Streets. Existing public system at 671h and Ivy Streets. No future extension. The existing on- site private system will continue to be utilized. No future extension. The existing off- site public system will continue to be utilized. Existing Storm and Sanitary Infrastructure City of Springfield 2018 Current: None. Future: City of Springfield. No public wastewater system exists on or at the boundary of the subject property. There is, however, existing public wastewater infrastructure a short distance to the southwest, in Jessica ❑rive, and a bit further to the west in South 661h Place. (See above image.) Should wastewater infrastructure be needed for the subject property in the future, service would be extended from South 651h Place. This can occur through the intervening property between South 661h Place and the site PLANNERS • LANDSCAPE ARCHITECTS + ENVIRONMENTAL SPECIALISTS 375 West 4th, Suite 201, Eugene, OR 97401 Phone: 541.6K4540 www.sa Lregroup.com Attachment 2, Page 20 of 35 THE SATRE GROUP Exhibit B, Page 17 of 18 Springfield Utility Board — South t-lills 31d Level Reservoir Replacement Page 2 of 3 Annexation — Public/Private Utility Plan February 24, 2022 because there is an existing accesslutility easement from South 66th Place to the subject property. Transportation Provider: Streets: City of Springfield. Transit: Lane Transit District (LTD). Existing Facilities: Streets: Existing streets nearest the subject property, and available for access, are South 661h Place (to the west, via an existing access easement). Transit: LTD provides service currently. Service Extension: Streets: There is no need to extend public street service. The subject property has existing access. Transit: Post annexation, LTD will continue to be the transit service provider. Solid Waste Management Solid waste service for un -annexed property is the responsibility of the property owner. Upon annexation, service will be provided by a private service provider under contract with the City of Springfield. The current service provider, under franchise agreement with the City of Springfield, is San ipac. Water Service Provider: Springfield Utility Board (SUB). Existing Facilities. The existing use of the subject tH 7 gas property is that of a water reservoir ""' goo 979 site for the community's potable water system. Service is on and adjacent to the subject property, extending to the 94aE'U ` i■Nt west to South 661h Place in the same existing easement described above. �e ,E`` - Service Extension: Service is on site and does not need to be extended. cA m 6 Existing Water Infrastructure Springfield utility Board 2018 s ru rvAc Electric Service Provider: Emerald. Existing Facilities: Existing electric infrastructure is +� adjacent to the subject property along its east boundary. 177 Service Extension: This existing service would remain. — �9ro47 -39049^1//aJJ I J Q Existing Electric Infrastructure w Springfield Utility Board X w 2019 The Satre Group ■ 375 West 41�' Avenue, Suite 201, Eugene, 0 97401 ■ (541 ) 686-4540 ■ www. satregrouD.corn Attachment 2, Page 21 of 35 Exhibit B, Page 18 of 18 Springfield Utillty Board -- South Hills 3rd Level Reservoir Replacement Page 3 of 3 Annexation — Public/Private Utility Plan February 24 2022 Fire and Emergency Medical Services Fire and emergency services are provided by Eugene Springfield Fire. Upon annexation, Eugene Springfield Fire will continue to provide service. Police Protection The Lane County Sheriff provides service outside of the city limits. Upon annexation, service will be provided by the Springfield Police Department for the subject property. City Wide Parks and Recreation Programs The site is within the boundaries of the Willamalane Park and Recreation District. Park and recreation services are provided to the subject property currently and will continue to be provided after annexation Land Use Controls The City of Springfield is the planning and building permit services provider. This service will continue after annexation. Communication Facilities CenturyLink provides land -line telephone service. Comcast provides cable service. Annexation will not change this. Public Schools The site is served by the Springfield School District. Annexation will not change this. The Satre Group . 375 West 4'h Avenue, Suite 201, Eugene, OR 97401 • (541 ) 6864540. www.satMgroup.com Attachment 2, Page 22 of 35 Exhibit C, Page 1 of 6 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Springfield Utility Board ("APPLICANT"). RECITALS A. APPLICANT owns the parcel(s) 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. B. APPLICANT has submitted to the City a request for an Annexation Agreement, dated March 16, 2022, for Assessor's Map No. 18-02-03-00, Tax Lot 00302. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan and is zoned LDR with Urbanizable Fringe Overlay (UF -10) according to the Springfield Zoning Map. 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 2030 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 are 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 Development & Public Works Dept. Attn: Current Development Division 225 Fifth Street Springfield, OR 97477 Page 1 of 6 Place Bar Code Sticker Here: Attachment 2, Page 23 of 35 Exhibit C, Page 2 of 6 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. • An existing public sanitary sewer system is located approximately 65 feet west of the Property within Jessica Drive and is also located in S. 66th Place and has sufficient capacity to serve the Property. • No connection is needed for the current development proposal of new water reservoirs on this site, and the applicant is not required to extend physical services for annexation or the proposed use of water reservoirs. • SUB owns the intervening property (TL 18-02-03-10-06000 through TL 18-02-03-10- 06200 and TL 18-02-03-10-06400 through TL 18-02-03-10-06500) and is required to provide a private sewer easement through this property to the subject property to ensure service can be provided if needed in the future. • A variable width easement (Record No. 2007-020544) for water line, private access, and private sewer exists on the referenced tax lots for the benefit of the Property and satisfies said requirement to provide a private sewer easement. 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. • An existing public storm sewer was constructed with the adjacent Mountaingate Phase 3B Subdivision. This system was sized to accommodate the proposed use as a water reservoir. The public system connection in Ivy and South 67th consists of an 18" main and has sufficient capacity for proposed use and the zoned use as low density residential. 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 access to S. 66th Place via a private access easement through tax lot 18-02-03-10-06000, Easement #2007-020544. • The Property also has frontage on a portion of Jessica Drive, that will need to have a 20 -foot wide gravel emergency access road extended from the existing end to the east when TL 18-02-02-00-00402 develops before 18-02-03-14-03100 does that will provide a secondary emergency access to this property. • An access easement of sufficient width to construct a 20 -foot wide emergency access and sufficient width slope easement to construct the emergency access will be required from the end of the existing Jessica Drive will be required. As part of a previous development, a 20 -foot wide access easement and 15 -foot slope easement was dedicated from TL 18-02-03-10-00100 (Record No. 2020-056149). To ensure this emergency access can be constructed a 15 -foot slope easement from the subject property is required to be along the subject property southern boundary coincident with the northern boundary of the adjacent TL 18-02-03-10-00100. Page 2 of 6 Attachment 2, Page 24 of 35 Exhibit C, Page 3 of 6 J. 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. APPLICANT shall bear the obligation to provide for and cooperate with future development that may occur to the east of Jessica Drive that may require emergency access and connection to utilities. 1.1.1 Dedicate a slope easement of 15 feet within the subject property along the subject property southern boundary coincident with the northern boundary of the adjacent TL 18-02-03-10-00100 for the full length of that frontage. For the benefit of Tax Lot 18-02-02-00-00402 and 18- 02-02-00-00401. This easement can be written to be extinguished when Tax Lot 18- 02-02-00-00402 develops with access to public streets so that the emergency access isn't needed, when two separate access points are available to the north via the existing S 68th Street, S 69th Street or S 691h Place. 1.2. Provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of the Site Plan as necessary to serve the development of the Property, including the construction and maintenance thereof. 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. Page 3 of 6 Attachment 2, Page 25 of 35 Exhibit C, Page 4 of 6 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of a Partition or Subdivision, Site Plan or Minimum Development Standards 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 2030 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 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. Reserved. 10. Ballot Measures 37/49/ORS 195.300 et seq. APPLICANT waives any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation," for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidi . 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. Page 4 of 6 Attachment 2, Page 26 of 35 Exhibit C, Page 5 of 6 DATED this day of 120 IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT Its: STATE OF OREGON COUNTY OF LANE I SS Date THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON IM AS (APPLICANT) OF 20 NOTARY PUBLIC FOR OREGON Page 5 of 6 Attachment 2, Page 27 of 35 MY COMMISSION EXPIRES CITY OF SPRINGFIELD Nancy Newton, City Manager STATE OF OREGON COUNTY OF LANE j ss THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY AS (CITY) Page 6 of 6 Exhibit C, Page 6 of 6 OF NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES Attachment 2, Page 28 of 35 20 TYPE IV — ANNEXATION STAFF REPORT AND RECOMMENDATION rho ` Property Proposed for Annexation 4' 4 f t � .l''' ., File Name: Springfield Utility Board Mountaingate Annexation Case Number: 811-22-000074-TYP4 Exhibit D, Page 1 of 7 �r"rLJr�C,:rrlt�i] tV OREGON � Je;sica Dr A'OFF, I '` �` 00 •,� - -- %D "R r rr Y Cn i %0 K� Proposal Location: South 66th Place at Jessica Drive (Map 18-02-03-00, Tax Lot 302) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan Application Submittal Date: March 16, 2022 Associated Applications: 811 -21 -000318 -PRE (Development Issues Meeting); 811 -22 -000056 -PRE (Pre -submittal Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Attachment 2, Page 29 of 35 Exhibit D, 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: The property owner submitted an application for a Development Issues Meeting on December 10, 2021 and the meeting was held on January 11, 2022 (File 811 -21 -000318 -PRE). Subsequently, a pre -submittal meeting for the annexation request was held on March 4, 2022 (File 811 -22 -000056 -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 an irregular-shaped residential parcel that is approximately 1.77 acres in size and contains an existing 1.5 -million gallon water reservoir tank. The property is located near the intersection of South 66' Place and Jessica Drive on the southeast edge of the Mountaingate neighborhood (Mountaingate 2nd Addition subdivision). The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits on all sides in accordance with SDC 5.7- 140.A.1. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) applied. According to the applicant's submittal, the primary purpose of the annexation request is to facilitate further development of the site with water utility improvements, including replacement of the existing water reservoir tank. Both the South 66' Place and Jessica Drive frontages in the vicinity of the property are considered improved to urban standards and all required public utilities, including sanitary sewer, are available to serve the site. There are additional considerations for emergency secondary access to vacant property to the east of this site — along the projected extension of Jessica Drive — so an Annexation Agreement that outlines the applicant's responsibilities for provision of public streets, utilities, and services to the property and in support of future development of other nearby properties, has been prepared for this request. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District), roads (City of Springfield), and Fire (Eugene -Springfield Fire). Springfield Utility Board (SUB) operates the existing water utility infrastructure on the subject property and adjacent lots to the west and south. There is no rural water service for unincorporated properties in the vicinity of this site. Upon annexation, the City of Springfield will be responsible for all urban services, including sanitary sewer, water (through SUB), electricity (through SUB), and police/fire response to the subject area. 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 April 11, 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 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 Attachment 2, Page 30 of 35 Exhibit D, Page 3 of 7 annexation application and is retained as part of the public record for Planning File 811-22-000074-TYP4. Newspaper Notice. Notice of the May 2, 2022 public hearing was published in The Register -Guard on April 22 & 29, 2022 The notification meets the requirements of SDC 5.7-130.B for two consecutive notices in the two-week period before the hearing, but the initial notification was not provided at least two weeks prior to the hearing date. Staff is recommending continuance of the public hearing to the regular meeting on May 16, 2022 to remedy the newspaper notice deficiency. Additional legal notification regarding the continued public hearing, should Council accept this recommendation, will be provided in the newspaper in advance of the May 16 meeting. Posted Notice. Notice of the May 2, 2022 public hearing was posted in three public places in the City: along both the South 66t' Place and Jessica Drive frontages near the property; and on the electronic display in the foyer of the Development & Public Works office - all on April 19, 2022. Notice was also provided on the City of Springfield website. The timing of posted notices do not meet the two-week posted notice requirements of SDC 5.7-130.C. Staff is recommending continuance of the public hearing to the regular meeting on May 16, 2022 to remedy the posted notice deficiency. Finding: Upon annexation of the subject territory to the City, the underlying Low Density Residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF -10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on March 23, 2022, which is 40 days prior to the initial public hearing on the matter. Conclusion: Notice of the public hearing was not provided consistent with SDC 5.7-130. Staff is recommending continuance of the public hearing to remedy the notification deficiencies. Additionally, should Council choose to continue the public hearing, staff is recommending a newspaper notice advising of the continued public hearing to be run in the period between the May 2 and May 16 meetings. 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 City of Springfield (see additional discussion in Subsection B below). The property requested for annexation abuts the Springfield city limits on all sides. 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 original Metro Plan UGB encompassed both Eugene and Springfield, with I-5 being the acknowledged boundary between Eugene and Springfield. With the passage of House Bill 3337 in 2007 and adoption of Ordinance 6268 in 2011, a separate and distinct UGB was created for Springfield using a tax lot by tax lot delineation. Springfield's UGB as delineated by Ordinance 6268 was subsequently revised and expanded upon adoption of Ordinance 6361 in 2016. The revised and expanded UGB is delineated Attachment 2, Page 31 of 35 Exhibit D, Page 4 of 7 on an individual tax lot basis and has been acknowledged by LCDC. Territory within the acknowledged UGB ultimately will be within the City of Springfield. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan - Urbanization Element as a component of Springfield's comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. The Urbanization Element has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area that is zoned and designated for Low Density Residential (LDR) use. The adopted elements of the Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. At present, there are no proposed changes to the zoning or plan designation for the property, although the Urbanizable Fringe (UF -10) overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policy 29 of the Springfield 2030 Comprehensive Plan — Urbanization Element which specifies annexation as the preferred mechanism for provision of urban services to properties within the UGB, which will result in the elimination of special districts within the urbanizable area. Finding: More detailed discussion of Public Facilities and Services in the Metro Plan (Section III -G) and the Eugene - Springfield Metropolitan Area Public Facilities and Services Plan (PFSP) — a refinement plan of the Metro Plan — contemplates eventual elimination of special service districts within each city's UGB as annexation occurs incrementally. Policy G.9 of the Eugene -Springfield PFSP states that Eugene and Springfield and their respective utility branches, Eugene Water & Electric Board (EWEB) and Springfield Utility Board (SUB), shall ultimately be the water service providers within their respective urban growth boundary. The requested annexation is consistent with this adopted policy. Finding: The subject property is part of the 3' Level water system facilities operated by SUB. In addition to the water reservoir tank on the site, SUB operates a pump station on the adjoining properties to the west. Planned improvements to the 3' Level water facilities are listed on Table 14 and depicted on Map 8 of the adopted PFSP. 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. There is no rural water district serving unincorporated properties in this area of south Springfield. SUB will continue to operate the existing water system facilities on the property 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. 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. Finding: The requested annexation is to facilitate further development of the property with 3rd Level water system improvements, including planned replacement of the existing water reservoir tank. It is not anticipated that sanitary sewer service will be required for the unmanned water utility installation when the project is completed. However, an existing joint access and utility easement that runs from South 66t' Place to the subject property (across intervening lots also owned by SUB) can be used for legal and physical provision of a sanitary sewer connection if it is required in the future. Finding: The applicant has submitted an application for annexation to the City (Attachment 2, Exhibit B), and has reviewed the Annexation Agreement prepared by City staff (Attachment 2, Exhibit Q. The Annexation Agreement has been revised and updated by SUB and staff but the version signed by the applicant was not available at the time Attachment 2, Page 32 of 35 Exhibit D, Page 5 of 7 of Council packet preparation. The executed Annexation Agreement will be provided to the City Council prior to second reading and adoption of the Ordinance. Finding: The applicant will be responsible for paying applicable fees and System Development Charges (SDCs) and obtaining any necessary permits for connecting the planned water system facilities to the City's utility infrastructure. Because all other required public utilities are available to serve the property and the public street frontages have been improved to urban standards, staff advises that no Annexation Agreement provisions for off-site improvements are warranted for this request. 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 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 line along all sides. 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, SUB intends to develop the site with additional water system facilities. Electricity — SUB provides electric service to the neighborhoods in southeast Springfield that are north of the Mt. Vernon Road alignment. SUB owns and maintains electrical system infrastructure within the public street frontages of the property. 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 although it is surrounded by the City limits. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services — By default, fire protection is currently provided to the annexation area by Eugene Springfield Fire Department as there is no rural fire service provider covering this specific area. 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 metro -wide 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 Attachment 2, Page 33 of 35 Exhibit D, Page 6 of 7 backup coverage for each other's jurisdictions. Parks and Recreation — Park and recreation services are provided to the City of Springfield by the Willamalane Park & Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Bob Keefer Center for Sports and Recreation, and Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks, including community parks, sports parks, special use parks, and natural area parks. Concurrent with annexation to the City of Springfield, the subject property will be annexed to the Willamalane Park & Recreation District consistent with City policy, an intergovernmental agreement between the City of Springfield and Lane County, and the adopted Willamalane Comprehensive Plan. Library Services — Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Schools — The Springfield School District serves this area of southeast Springfield. Based on the existing and anticipated long-term use of the subject property as a water utility installation, it is not expected that the annexation territory will sustain permanent residents or generate a school-age population in the future. The Springfield School District has capacity to serve the annexation area in its current configuration, and in the event the property redevelops in the future. Sanitary Sewer — The annexation territory has access to existing public sanitary sewer lines along the South 661 Street frontage to the west of the site. It is not expected that the existing or future water system facilities on the site will require connection to sanitary sewer. However, connection points are available if it is required to serve the annexation territory in the future. Stormwater — The subject annexation territory is served by the public stormwater management system located in South 66' Place. With further development or redevelopment of the site in the future, on-site stormwater facilities will need to be constructed to direct runoff to the public system. Review and approval of private stormwater facilities necessary to serve the property will be done in conjunction with approval of a Site Plan for water system improvements. Streets — The extreme southwestern boundary of the subject annexation area abuts a stub of Jessica Drive, which has been developed to urban standards with curb, gutter, paving, sidewalks, street lights, sanitary sewer, and piped stormwater facilities. Jessica Drive and nearby South 66' Place are classified as local streets and are developed with one vehicle travel lane in each direction. The pavement width also allows for vehicle parking on both sides of the street. Solid Waste Mana eg 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 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 Springfield 2030 Comprehensive Plan — Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with Criterion C, Subsection 5.7-140. Attachment 2, Page 34 of 35 Exhibit D, Page 7 of 7 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 utility parcel containing an existing water reservoir tank. The Annexation Agreement provides for contingencies in the event that secondary emergency access is required from the stub of Jessica Drive along the southern edge of the property, and if sanitary sewer service is needed for the property in the future. An Annexation Agreement that spells out the timing and financial responsibility for these off-site improvements has been prepared for signature by the City and SUB. Conclusion: The proposal meets and complies with Criterion D, Subsection 5.7-140. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: The City Council is scheduled to give first reading of the Annexation Ordinance and hold a Public Hearing on May 2, 2022 for the subject annexation request. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance at a subsequent meeting, currently scheduled for May 16, 2022. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential (LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF -10) applied to the zoning. Upon the effective date of the annexation, the OF -10 overlay will be automatically removed and the property will retain the LDR zoning. In accordance with SDC 3.2-210 and 4.7-160.A, high impact public utility installations are allowable in residential districts if they are shown on the adopted PFSP diagram. The subject water utility installation is depicted on Map 8 of the adopted PFSP. Effective Date and Notice of Approved Annexation (SDC 5.7-155): The subject annexation request is being presented to the City Council for consideration at an initial public hearing meeting on May 2, 2022. Second reading and potential adoption of the annexation Ordinance is scheduled for May 16, 2022. Therefore, if the annexation is adopted after a second reading on May 16, 2022, the Ordinance will become effective 30 days later (on June 15, 2022), or upon acknowledgement of filing with the Secretary of State — whichever date is later. Finding: The annexation area is within the delineated service territory of SUB (electric and water) but is not actively served by a rural fire district. The Cities of Eugene/Springfield will continue to provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water service after annexation. Consistent with SDC 5.7-160, notice was provided for the public hearing on May 2, 2022. 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. To remedy the posted and newspaper notice requirements of SDC 5.7-130.0 that were not met for this annexation application, the Council is requested to continue the public hearing to the regular meeting on May 16, 2022. Attachment 2, Page 35 of 35