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Home My WebLink AboutOrdinance 6442 05/16/2022CITY OF SPRINGFIELD, OREGON 6442 ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY ADDRESSED AS 5423 MT. VERNON ROAD -02-04-42, TAX LOT 800) AND A PORTION OF THE MT. VERNON ROAD PUBLIC RIGHT-OF-WAY ABUTTING THE SUBJECT PROPERTY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on March 8, 2022, said territory being Township 18 South, Range 02 West, Section 04, Map 42, Tax Lot 800, municipally addressed as 5423 Mt. Vernon Road, 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 lain 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 Community Commercial zoning will be retained; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Directors 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 recommendation to concurrently withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Eugene-Springfield Fire will provide fire protection services directly to the area after it is annexed to the City and 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 hasexecutedanAnnexationAgreement (Exhibit D) that addresses the timing andfinancial responsibility for provision of public streets, sanitary sewer service,and other necessary utilitiesto the property,which will beexecuted by the City upon City Council approval of the proposed annexation; WHEREAS,onMay 2, 2022,theSpringfieldCityCouncilconductedapublic hearingthen continued the public hearing on May 16, and the City Councilisnow readytotakeactiononthisapplicationbasedon the recommendation andfindingsin supportof approvingtheannexation requestand withdrawal from the special districtassetforth intheaforementionedStaff ReporttotheCouncil, incorporatedherein by reference,andtheevidenceandtestimonypresentedatthispublic hearingheld in thematter ofadopting thisOrdinance, NOW,THEREFORE,THECOMMON COUNCILOFTHECITYOFSPRINGFIELD ORDAINS AS FOLLOWS: Section1.TheCommonCouncil oftheCityof Springfielddoesherebyapproveannexation of thefollowingdescribedterritorytotheCityofSpringfieldandWillamalaneParkandRecreation District, saidterritorybeingmore particularlydescribedinExhibitAtothisOrdinance. Section2. TheCommonCouncil of theCityofSpringfielddoesherebyapprovewithdrawal of thefollowingdescribedterritoryfromtheWillakenzie Rural Fire ProtectionDistrict,saidterritorybeing more particularlydescribedin Exhibit AtothisOrdinance. Section3.TheCityManager ortheDevelopmentandPublicWorksDirectorshall sendcopies ofthisOrdinancetoeffectedStateandlocalagenciesasrequiredbySDC5.7-155. Section4.SeverabilityClause. Ifanysection,subsection,sentence,clause,phrase,or portion ofthisOrdinance is,for anyreason,heldinvalidor unconstitutionalbyacourtof competent jurisdiction, suchportionshall be deemeda separate,distinctandindependentprovision andsuchholdingshallnot affectthe validityofthe remainingportionhereof. Section5.Effective Date of Ordinance.ThisOrdinance shall becomeeffective 30 daysfrom the date of itspassage bytheCityCouncilandapprovalbythe Mayor,oruponthe date of itsfiling withtheSecretaryof StateasprovidedbyORS 222.180,whichever islater. May 16th ADOPTEDbytheCommonCouncil of theCityofSpringfieldthis dayof , 2022, 0 5 byavote of for andagainst. (1 Absent - Pitts) 16th May APPROVEDbythe Mayor of theCityofSpringfieldthis dayof , 2022. Mayor ATTEST: 5/16/2022 CityRecorder Ordinance No. 6442 Exhibit A, Page 1 of 2 EXHIBIT A NORTHWEST TIMBERLAND CONSULTING & SURVEYING, INC. LICENSED PROFESSIONAL LAND SURVEYOR 37036 HWY #58, PLEASANT HILL, ORE97455-9785 PHONE OR FAX (541) 461-4076 A LEGAL DESCRIPTION FOR AN ANNEXATION TO THECITY OF SPRINGFIELD, OREGON FOR TAX LOT 00800 OF TAX LOT MAP #18-02-04-42, BEING DEED INSTRUMENT #2007-055616, AND THE ADJOINING MT. VERNON ROAD(CR 315) RIGHT-OF-WAY, 9.0 METERS TOCENTERLINE. LOCATED IN THE SW¼ OF THE NE¼ OFSECTION 4,T18S, R2W, W.M. LANE COUNTY, OREGON APRIL 11, 2022 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OFTHE JOHN SMITH DLC NO 48. SAID CORNER BEINGMONUMENTED WITH ABRASS CAP AS FILED IN THE LANE COUNTY SURVEYORS OFFICE (LCSO) AS PER REESTAB.#6590,LOCATED IN THE SW ¼ OF THE NE ¼ OF SECTION 4,TOWNSHIP 18 SOUTH, RANGE 2 WEST, W.M.,THENCE SOUTH 04 8.12+/-FEET TO THENEW REDESCRIBED CENTERLINEOF MT. VERNON ROAD (CR #315) (59.054+/-FOOT RIGHT-OF-WAY (R-O-W))AS DESCRIBED INCOUNTY SURVEY FILE (CSF) #35075(SHEET 2/8) AS FILEDIN SAID LCSO, SAID CENTERLINE STATION BEING LR 0+209.565 ANDA POINT ON A CURVE;THENCE CONTINUING ALONG THESAID CENTERLINEON A 500.00 METER RADIUS CURVE TO THE RIGHTFOR 5.85 +/-FEET, THE LONG CHORD BEING SOUTH 85° T 5.85 +/-FEET TO STATION LR 0+207.781AND THE POINT OF TANGENT OF SAID CENTERLINE; 139.70 +/-FEET TOSTATION LR0+165.201OFCSF #35074 (1/8) ANDTHE NORTHEAST CORNER OFDEEDINSTRUMENT #2007-055616 AS FILED IN THE LANE COUNTY OFFICE OF DEEDS AND RECORDS (LCOD&R)ANDALSO OFPARCEL #2 OF CSF #8874BY ANDERBERG IN 1952 (ROTATED TO SAID CSF #35074)AS FILED IN SAID LCSO,ANDTHE TRUE POINT OF BEGINNING (POB)OF THIS DESCRIPTION: THENCECONTINUING ALONG THE SAID CENTERLINESOUTH 84° 58WEST159.61+/-FEET TO A POINTBEINGCENTERLINE STATION LR 0+116.551OFSAID CSF #35074; THENCE LEAVING SAID CENTERLINE,SOUTH+/-FEET TOA POINTBEING ONTHE NEW SOUTHERLY 9.0METER (29.527FEET)RIGHTOF-WAY (R-O-W)FROM CENTERLINESTATION LR 0+115.762OF SAIDCSF ANDREFERENC NORTH 0° 4210WEST 9.64+/-FEETAS ORIGINALLY SETON THE 20 FOOT SOUTHERLY R-O-W INCSF #8874AND FOUND IN SAID CSF #35704; THENCE CONTINUING SOUTH WEST 100.84FEETTO THE SOUTHWEST CORNER OF SAID PARCEL #2; THENCE ALONG THE SOUTH LINEOF SAID PARCEL #2,NOREAST159.00FEET TO THESOUTHEASTCORNER OF SAID PARCEL; THENCE LEAVING THE SAID SOUTH LINEOF PARCEL #2, NORTHWEST 114.76+/-FEET ALONG THE EAST LINE OF SAID PARCELTOTHE NEW SAID SOUTHERLY 9.0 METER (29.527 FOOT) R-O-W BEINGSTATION LR0+164.412 OF SAID CSFAND REFERENCED W, Ordinance No. 6442 Exhibit A, Page 2 of 2 NORTH 1°4522EAST9.55+/-FEET ASORIGINALLYSET ON THE 20 FOOT SOUTHERLY R-O-WIN CSF #8874AND FOUND IN SAID CSF #35074; THENCE LEAVING THE SAID SOUTHERLY R-O-W AND CONTINUINGNORTH29.65 +/-FEET TO THE TRUE POINT OF BEGINNINGAND THE END OF THIS DESCRIPTION, ALL IN LANE COUNTY, OREGON. SAID DESCRIPTION CONTAINS 21,780.0SqFt OR 0.50+/-ACRES, WITH 0.11 +/-ACRES IN R-O-W. NOTE:REEL#2426,PAGE #98-43477 IN 1998 AMENDS REEL #1124,PAGE #81-10385IN 1981TO 9.0METERS(29.527 FEET)FROM 30.0FEET, WHICH AMENDED THE ORIGINAL 20.0FOOT R-O-W IN 1952 OF THE SOUTHERLY R-O-W FROM CENTERLINE OF MT. VERNON ROAD (CR #315). Ordinance No. 6442 Exhibit B, Page 1 of 18 Ordinance No. 6442 Exhibit B, Page 2 of 18 Ordinance No. 6442 Exhibit B, Page 3 of 18 Ordinance No. 6442 Exhibit B, Page 4 of 18 Ordinance No. 6442 Exhibit B, Page 5 of 18 Ordinance No. 6442 Exhibit B, Page 6 of 18 Ordinance No. 6442 Exhibit B, Page 7 of 18 Ordinance No. 6442 Exhibit B, Page 8 of 18 Ordinance No. 6442 Exhibit B, Page 9 of 18 Ordinance No. 6442 Exhibit B, Page 10 of 18 Ordinance No. 6442 Exhibit B, Page 11 of 18 Ordinance No. 6442 Exhibit B, Page 12 of 18 Ordinance No. 6442 Exhibit B, Page 13 of 18 Ordinance No. 6442 Exhibit B, Page 14 of 18 Ordinance No. 6442 Exhibit B, Page 15 of 18 Ordinance No. 6442 Exhibit B, Page 16 of 18 Ordinance No. 6442 Exhibit B, Page 17 of 18 Ordinance No. 6442 Exhibit B, Page 18 of 18 Ordinance No. 6442 Exhibit C, Page 1 of 7 TYPEIVANNEXATION STAFFREPORTANDFINDINGS OF FACT FileName:Mt. Vernon RoadAnnexation Applicant:Richard Sorensen /źƷǤ \[źƒźƷƭ CaseNumber:811-22-000062-TYP4 Proposal Location:5423 Mt. Vernon Road (Map 17-03-14-00, TL 1500) CurrentZoning& ComprehensivePlan {L9 Designation:Community Commercial (CC) ApplicableComprehensivePlan:Metro Planand Springfield 2030 Comprehensive Plan ApplicationSubmittal Date: March8, 2022 AssociatedApplications:811-22-000019-PRE (Development Issues Meeting); 811-22-000038-PRE (Pre-Submittal); 811-22-000050-TYP1(Non-Conforming Use Determination and Continuance) CITY OFSPRINGFIELDSDEVELOPMENTREVIEW COMMITTEE: POSITIONREVIEW OFNAMEPHONE Project ManagerPlanningMelissa Cariño541.744.4068 Transportation Planning EngineerTransportationMichaelLiebler541.736.1034 PublicWorksCivil EngineerStreetsand UtilitiesClayton McEachern541.726.1036 DeputyFireMarshalFireandLifeSafetyGilbert Gordon541.726.2293 BuildingOfficialBuildingChris Carpenter541.744.4153 ReviewProcess(Springfield Development Code (SDC)5.7-115):The subjectannexationrequestis beingreviewed underTypeIVprocedures,withoutPlanningCommission consideration. DevelopmentIssues Meeting(SDC5.7-120):ADevelopmentIssuesMeeting(DIM)isrequiredofallpublic agency and privatelandowner-initiatedannexation applications, unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on February 3, 2022 (Case 811- 22-000019-PRE). Conclusion:Therequirementin SDC5.7-120ismet. AnnexationInitiationandApplicationSubmittal(SDC5.7-125):InaccordancewithSDC5.7-125.B.2.b.i and ORS222.170(1),anannexationapplicationmaybeinitiatedbymorethan halftheownersof landintheterritory, whoalso ownmorethanhalfthelandinthecontiguousterritory andofrealpropertythereinrepresentingmorethan halftheassessedvalueofallrealpropertyinthecontiguousterritoryconsentinwritingtotheannexation oftheir land. Ordinance No. 6442 Exhibit C, Page 2 of 7 Finding: Thepropertyowner,whoownsallthelandandrealproperty,andfullassessedvalueofreal property inthesubjectterritory,havefiledan applicationandpetitionrequesting annexationtotheCity of Springfield (Attachment2, 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:TheapplicationrequirementsinSDC5.7-125 havebeenmet. SiteInformation:Theproposedannexation areaconsists ofthe 0.41-acre subject property with an existing residence andaportionof the Mt. Vernon Roadpublic right-of-way (ROW), which is the area abuttingthe subject property to the center line of the ROW.Thepropertyis located on the southern side of Mt. Vernon Road and west of Mt. Vernon Cemetery Road.The subject site is inside the Springfield Urban Growth Boundary (UGB) and is only separated from Springfield city limits bythe Mt. Vernon Road public ROW. ZoningforthepropertyisCommunity CommercialwithanUrbanizableFringeOverlay(UF-10).Accordingtothe applicantsubmittal, the primary purpose of the annexation request is to have the existing residence connect to public sanitary sewer and public water due to a failing septic tank, which created a health hazard to the ground water and the existing on-site well.The applicant proposesto extend the sanitary sewerto their property from the north side of the Mt. Vernon Road public right-of-way.A public sanitary sewer line stub would be extended to serve the existing residence.The applicant will be responsible for improving the Mt. VernonRoadfrontage of the property at the time of future development. For this reason, anAnnexationAgreement wasprepared for execution by the applicant and theCity that outlines the applicantresponsibilities and financial obligations for provision of public streets, utilities, and servicesto the property. The current residential use on the subject property is not a permitted use within Community Commercial (CC)zoning districts in accordance with SDC 3.2-415.Because of the underlying CCzoning of this property, the applicant submitted a Non-Conforming Use Determination and Continuance application (Case 811-22-000050-TYP1) on February 23, 2022andobtained City approval on March 9, 2022. Existing public services are providedtotheannexationarea asfollows: police(LaneCounty Sheriff),schools (SpringfieldSchoolDistrict),roads(City ofSpringfieldand Lane County),andambulance services (Eugene/SpringfieldFire).The applicantscurrently receive water service from the existing onsite well, fire protection from the (EPUD); however, the Springfield UtilityBoard(SUB)operatesthe existing waterutilityinfrastructurealong the Mt. Vernon Roadsite frontage. Unincorporated properties in the vicinity are served by individual wells.Upon annexation, theCityofSpringfieldwillberesponsibleforallurban services, includingsewer,water(through SUB), andpolice/fireresponse(through Eugene/Springfield Fire) tothesubjectarea.Based on a 2005 Oregon Supreme Court decision (Springfield Utility Board v. Emerald People's Utility District, 339 Or631, 633), electric service will existing EPUD service area for Lane County. NoticeRequirements(SDC5.7-130):Consistentwith SDC5.7-130, noticewasprovidedasfollows: MailedNotice. Noticeoftheannexationapplicationwasinitially mailedApril 4, 2022,but it unfortunately had the wrong public hearing date listed. A second, revised notice was mailed April 18, 2022, whichisatleast14 daysprior tothepublichearing date. This mailing wenttotheaffectedproperty owner(s);ownersandoccupantsof properties locatedwithin 300feetoftheperimeteroftheproposedannexationterritory;affected specialdistricts(Willakenzie Rural Fire Protection District, Eugene/Springfield Fire)andallotherpublicutility providers(Springfield Utility Board, EPUD, CenturyLinkTelecommunications);andtheLaneCounty Land ManagementDivision, LaneCounty Elections,andtheLaneCountyBoardofCommissioners.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 811-22-000062-TYP4. Ordinance No. 6442 Exhibit C, Page 3 of 7 NewspaperNotice. Noticeofthe May 2, 2022publichearingwaspublishedinTheRegister-Guardon thth April 7and April24. PostedNotice. A total of 4 notices were posted for theMay 2, 2022publichearing. Noticewasposted on th the April 11,and the notice wasalsoposted on th . Two notices were also posted along the subject propertystreet thth frontageonApril 19, and a notice was also posted in the City Hall lobby on April 20. Finding:UponannexationofthesubjectterritorytotheCity,theunderlying Community Commercial (CC)zoning willberetained,buttheUrbanizableFringeOverlayDistrict(UF-10)willnolongerapply.Duetothischange, theOregonDepartmentofLandConservationandDevelopment(DLCD)was notifiedinwritingoftheannexation proceedingspriortothepublichearing.NotificationtoDLCDregardingtheproposedannexationwassenton March 15, 2022, to meet the state requirements of a 35-day advance notice of a public hearing. th Finding:Staff did not receive any written commentsfrom the public on this application prior to the initial April 18 nd deadlinefor preparing the staff report.No written comments werereceived before or at the May 2City Council meeting.All comments, if any received,will be incorporated into the presentation and continued public hearing for this annexation request. Finding: SDC 5.7-130.C requires that notices of the public hearing shall be posted in 4 public places in the City for 2 successive weeks prior to the hearing date. While the Digital Display posting meets the requirements, the other public notices did not. Conclusion:Because the requirements of SDC 5.7-130.C were not metfor the May 2 public hearing, City staff recommendedthe City Council continue the public hearing for this annexation request to their next meeting on May 16, 2022.City Council continued the public hearing to May 16, and all state notice requirements arenow met. Public Hearing (SDC 5.2-100): This annexation request was presented to the City Council at their regular meeting on Monday, May 2,2022. City Council also conducted a public hearing after the presentation. Springfield Utility Board Chair Mike Eyster of Ward 2, spoke neither in favor of or against this annexation request.Following a Councilor inquiry about why EPUD would continue serving the subject property for electric service rather than SUB Electric, Mr. Eyster requested that City staff investigate the reasoning behind that. Office had advised thatstate law allowsEPUD to continue serving properties in their service area even after annexation to City limits. InSpringfield Utility Board v. Emerald People's Utility District, 339 Or 631, 633 (2005), the Oregon Supreme Court held that the Springfield Utility Board, acting on behalf of the City of Springfield, did not have legal authority to exclude Emerald People's Utility District (EPUD) from serving an area newly annexed to the city, when that area fell within an area that the Public Utility Commission of Oregon (PUC) previously had allocated to The statutory and constitutional authorities discussed in the g are still the current law of the State of Oregon. Therefore, because the subject property is within operation of state law. RecommendationtoCityCouncil(SDC5.7-135):TheDirectorshallforwardawrittenrecommendationon theannexationapplicationtotheCityCouncilbasedontheapprovalcriteriaspecifiedinSection5.7-140,which areprovidedasfollowswiththeSDCrequirements,findings,andconclusions.City staff conclude that the staff report findings show compliance with all the annexation criteria of approval listed in SDC 5.7-140. Ordinance No. 6442 Exhibit C, Page 4 of 7 Criteria(SDC 5.7-140):TheapplicationmaybeapprovedonlyiftheCityCouncilfindsthattheproposal conforms tothefollowingcriteria: A.Theaffectedterritory proposedto beannexediswithintheCitysurban growth boundary;andis 1.Contiguoustothecitylimits;or 2.SeparatedfromtheCityonlybyapublicrightofwayorastream,lakeorotherbodyof water. Finding:Thesubjectannexationterritoryislocatedwithintheacknowledgedurbangrowth boundary(UGB)͵Thepropertyrequested forannexationis separated from Springfieldcitylimitsby the Mt. Vernon Road public right-of-way at the northeast portion of the subject property.Therefore,thisannexation application meetsthe statutoryrequirement for annexationasfoundinORS 222.111(1). Conclusion:Theproposalmeetsandcomplieswith criterionA(1), Subsection 5.7-140. B.Theproposedannexationisconsistent withapplicablepoliciesintheMetroPlanand inany applicablerefinementplansorPlanDistricts; Finding:Theannexationareaislocatedwithintheacknowledged Springfield UGB.Asexplainedby the Springfield 2030Comprehensive Plan,territorywithinthe delineatedUGBultimatelywillbewithintheCityofSpringfield. Finding:TheSpringfield 2030 Comprehensive Planamends the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) throughadoption of ordinancessince 2011.Volume 1 of the Springfield 2030 Comprehensive Planincludes 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 Elementexplicitly retainsthe Metro Planlong-standing urbanization policy criteria for approving annexations. Finding:Theterritoryrequestedforannexationiswithin an areathat is zonedanddesignatedfor Community Commercial(CC)use. The adopted elements of the Springfield 2030 ComprehensivePlanapply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. Therearenoproposed changestothecurrentzoningorplandesignation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Finding:ThecontinuedannexationofpropertiestotheCityofSpringfieldis consistentwithPolicies 27 and 29 of the Springfield 2030 ComprehensivePlan Urbanization Element,whichwillresultintheeliminationofspecial districtswithintheurbanizable area. TheMetroPlanand the Springfield 2030 ComprehensivePlan Urbanization ElementrecognizethatasannexationstotheCityoccur,thespecialdistrictserviceareaswithin the UGB will diminishincrementallyandeventuallywillbedissolved. Finding:Theterritoryrequestedforannexationis currently within the service area ofthe Willakenzie RuralFire ProtectionDistrict.The rural fireservicedistricthasaservicearrangementwithEugene/Springfieldforprovision offireand emergency medical serviceresponseto unincorporated areasof Springfield. Afterthe public hearing and uponCounciladoption ofthe annexationOrdinance,theannexationareawillbewithdrawnfromtheWillakenzie RuralFire Protection DistrictconsistentwithORS 222.520and 222.524,andthecombined fire and life safety departments of the CitiesofEugene&Springfieldwillprovidefireprotectionand emergency medical servicedirectly totheannexationarea. Finding: In accordance with Policy 33 of the Springfield 2030 ComprehensivePlan Urbanization Element, SUB is the exclusive water service provider within the Springfield City Limits.SUB will become the direct service provider uponofficial annexationapproval. Finding: In accordance with Policy 34 of the Springfield 2030 ComprehensivePlan Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, thatservice shall be provided by one of the following methods in this priority order:a)Annexation to City; orb)Contractual annexation agreements Ordinance No. 6442 Exhibit C, Page 5 of 7 with City.Due tothe health hazard and because the applicant already signed off on theAnnexation Agreement (Attachment 2, Exhibit D), the applicant already connected or is in the process of connecting to new urban services such as SUB water service and the public sanitary sewer. If this annexation request is approved, the subject property will be provided with new urban services from Eugene/Springfield Fire Protection and the Springfield Police Department. Finding: In accordance with Policy 35 of the Springfield 2030 ComprehensivePlanUrbanization Element,the Cityshall not extend water or wastewater service outside city limits to serve aresidence or business without first obtaining a valid annexation petition, a consent to annexagreement, or when a health hazard abatement annexation is required.The property ownersappliedfor annexation to the City (Attachment 2, Exhibit B)with all the required forms, and an Annexation Agreement has beenprepared for execution by the City upon Council approval. Conclusion:Theproposalmeetsand complies with criterion B, SDC 5.7-140. C.Theproposedannexationwillresultinaboundaryinwhichtheminimumlevelofkeyurbanfacilities andservicesasdefinedintheMetro Plancan beprovidedin anorderlyefficientand timelymanner;and Finding:In accordance with Policy 29 of theSpringfield 2030 ComprehensivePlanUrbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery ofCity services in accordance with the Springfield Comprehensive Planand SpringfieldDevelopment Code. Finding: In accordance with Policy 31 of the Springfield 2030 ComprehensivePlan 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 ComprehensivePlan Urbanization Element,urban services provided by the City upon annexation to Springfield include storm andsanitary sewer; water; transportation systems; police and fire protection; planning, building,code enforcement and library services; and public infrastructure maintenance of City-ownedor -operated facilities. Finding:Theterritoryrequestedforannexation is separated byCity Limits to the northeast across from the Mt. Vernon Road public right-of-way.Urban utilitiesincluding sanitary sewer, electricity, and water service,have been extended within the Mt. Vernon Roadpublic right-of-way (ROW)and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urbanservicedeliverysystemsare already available and inplace or can be logically extended from points in the vicinity to serve the subject property and future commercial development.Inadditiontourbanutilities,thefollowing facilitiesandservicesareeither availableorcanbeextendedtothisannexationarea: WaterAs noted above, SUB is the exclusive water service provider for properties within the City limits. Due to the health hazard situation, the applicant already connected to SUB water service after the Annexation Agreement was signed. SUB states that there is enough capacity for the existing water connection to serve the current residential useas well as potential future commercial developmentat this property and is sufficient tomeet the potential demand of future development and uses on sitein accordance with the Schedule of Community Commercial (CC)Use Categories listed in SDC 3.2-310.(SUB Water Representative: Keoki Lapina, KeokiL@subutil.com) ElectricitySUBprovideselectric servicetomost neighborhoods in Springfield within incorporated areas of SpringfieldEPUDowns and maintains electrical system infrastructure in neighborhoods they serve. Existingelectricalsysteminfrastructure withintheMt. Vernon Roadpublicright-of-waywillcontinue to provide service to the subject propertyand continue to be maintained byEPUD.The existing EPUD infrastructure is designed to meet the capacity needs for both residential and commercialdevelopments in the vicinity. Theexisting capacity of the infrastructureis sufficient to meet the potential demand of future development and uses on sitein accordance with the Scheduleof Campus CommercialUse Categories (SDC 3.2-310).(EPUDElectric Representative: Debbie Jenkins,DebbieJ@epud.org) Ordinance No. 6442 Exhibit C, Page 6 of 7 PoliceServicesSpringfieldPoliceDepartmentcurrentlyprovidesservicetoareasof Springfieldthatare already insidetheCitylimits.TheannexationterritoryiscurrentlywithinthejurisdictionoftheLaneCounty Sheriffs Department.Uponannexation,thisareawillreceiveSpringfieldPoliceservicesonanequalbasiswith other properties insidetheCity. FireandEmergency ServicesFireprotectioniscurrentlyprovidedtotheannexationareabyEugene/Springfield FireDepartmentundercontractwiththe WillakenzieRural Fire ProtectionDistrict.Uponannexation, the Eugene/SpringfieldFireDepartment willprovidefire and emergency servicesdirectly tothe subjectterritory. Emergencymedicaltransport(ambulance)servicesareprovidedonaregionalbasisbytheEugene/Springfield Fire Department.Theannexationareawillcontinuetoreceivethisserviceconsistentwiththeadoptedambulance servicearea(ASA)plan.Mutualaidagreements have been adoptedby thethreeregionalASAprovidersto provide backupcoveragefor each othersjurisdictions. ParksandRecreationParkandrecreationservicesareprovidedbytheWillamalane Park &RecreationDistrict. The park districtoperates severalindoorrecreationfacilities, such asthe WillamalanePark SwimCenter,Lively Park SwimCenter, Bob Keefer Center for Sports and Recreation, and WillamalaneAdultActivity Center. Thepark districtoffersvariousafter-schoolandotherprogramsfor childrenatschools and parksthroughoutthecommunity. Also availablearepathwaysandseveralcategoriesof parks,includingcommunityparks, sportsparks, specialuse parks, and naturalareaparks. ConcurrentwithannexationtotheCity ofSpringfield,thesubjectpropertywillbeannexedtotheWillamalanePark &RecreationDistrictconsistentwithCitypolicy, an intergovernmental agreement between the City of Springfield and Lane County,andtheadoptedWillamalaneComprehensivePlan. Library ServicesUponannexationtotheCity ofSpringfield,thesubjectarearesidentswillbeserved bythe Springfield PublicLibrary. SchoolsTheSpringfieldSchoolDistrictservesthis areaof Springfield.The Springfield School District has capacity to continue serving the annexation area and its residents in its current configuration. SanitarySewerCurrently, the subject property is served by a septic system.An existing public sanitary sewer system is located on the north side of Mt. VernonRoad. It consists of an 8-12service line that runs eastward th to the South 55Street intersection. The property is zoned Community Commercial(CC).Theexisting 8-12 has sufficient capacity for both the current residential use on this lot and the surrounding lotsas well as potential future commercial development permitted inCCzoning. 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 conforming use would increase demand on the system beyond 5000 gpd or 10% of downstream capacityas planned in the Wastewater Master Plan. StormwaterThesubjectannexationterritory is currently served by public stormwatermanagement system facilities along the southern side of the Mt. Vernon Road public right-of-way. Extension and expansion of the public stormwater system is not yet planned for this vicinity, and additional stormwater runoff must be managed and mitigated on site.An existingpublic storm sewersystemis also located on the northern side of the Mt. Vernon Road public right-of-way, but the applicant does not plan to increase impervious surfaces at the subjectsiteso no additional stormwater management is required at this time. StreetsThe Property haslegal and physicalaccess toMt. VernonRoad.Mt. VernonRoadis classified as amajor collector and isnotimproved to current City standards.Currently,the street provides adequate accessfor the existing residential use.Full improvements toMt. Vernon Roadper clause 1.1.2in thesigned Annexation Agreementwill be required at time of developmentconsistentwith zoning. In addition to the subject property,aportionoftheMt. Vernon Road public right-of-way (ROW) -from the subject ROW center line -is also proposed for annexation. With annexation, the applicant will be responsible for improving the segment of Mt. Vernon Roadalong the northernboundaryof the Ordinance No. 6442 Exhibit C, Page 7 of 7 subject propertyaswillprovided in the Annexation Agreement, and the City of Springfield will take on jurisdiction of thatportion ofthe Mt. Vernon RoadROW. SolidWasteManagementTheCityandSanipachaveanexclusivefranchisearrangementforgarbageserviceinside theCitylimits.Upon annexation,solidwastedisposalservicewould beprovided bySanipac. CommunicationFacilitiesVariousproviders, such as CenturyLink,offerbothwiredandwirelesscommunication servicesinthe Eugene-Springfieldmetropolitanarea. Existingprovidersandthoseenteringthemarkethavethe capabilityto provideservicetothisarea. LandUseControlsTheannexationareaiswithinSpringfieldsurbangrowthboundary(UGB).Throughan intergovernmentalagreementbetweenLaneCountyandtheCityofSpringfield,theCityalreadyhasplanning and buildingjurisdictionforunincorporatedareasofSpringfield. TheCitywillcontinuetoadministerlanduse controls afterannexation. Finding:Theminimumlevelofkeyurbanfacilitiesandservices,asoutlinedintheadoptedMetroPlanand the Springfield 2030 ComprehensivePlan Urbanization Elementareimmediatelyavailableand have the capacityto serve the site. Conclusion:Due to adequate information regarding the availability and capacity of key urban facilities and services as defined in the MetroPlan,theproposaland the findings above show how it complies with criterion C, SDC 5.7-140. D.Whereapplicable,fiscalimpactstotheCity havebeen mitigatedthrough anAnnexationAgreementor othermechanismapproved by theCityCouncil. Finding:AnAnnexationAgreement that outlines the applicantfinancial responsibility for provision of public streets and utilities necessary to serve the propertyis available for review (Attachment 2, Exhibit D).The Annexation Agreement has already been executed by the applicant in order to connect to SUB water services and the public sanitary sewer system. Upon annexation approval by City Council, the agreement will need to be executed by the City for the annexation action to be concluded. Upon future developmentand change of use on the subject property, the property owner will be responsible for the cost of constructing thepublic improvements necessary to serve the area.Therefore, any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. Conclusion:Theproposalmeetsand complies with criterionD, Subsection 5.7-140. Withdrawal fromSpecialServiceDistricts(SDC 5.7-160):Withdrawalfrom specialdistrictsmayoccur concurrentlywiththeapprovedannexationOrdinance orafterthe effective date ofthe annexation ofterritorytothe City.TheDirectorshallrecommendtotheCityCouncilforconsiderationofthewithdrawalofthe annexedterritory fromspecialdistrictsasspecifiedinORS222.Indeterminingwhethertowithdrawtheterritory,the CityCouncil shalldeterminewhetherthewithdrawalisinthebestinterestoftheCity.Noticeofthewithdrawal shallbeprovided inthesamemannerastheannexation noticein Section 5.7-150. Finding:Theannexationareaiswithinthedelineatedserviceterritoryofthe Willakenzie RuralFireProtection Districtfor fire protection service.ConsistentwithSDC 5.7-160,noticewasprovidedandapublichearingis scheduled for May 2, 2022.The withdrawal from the WillakenzieRural Fire Protection Districtis necessary to implement Policies 31 and 32 of the Springfield 2030 ComprehensivePlan Urbanization Elementwhereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory,and existing special service districts within the UGB are to be dissolved over time.Thus, withdrawal from the Willakenzie Rural Fire Protection District is in the best interest of the City. Ordinance No. 6442 Exhibit D, Page 1 of 8 Ordinance No. 6442 Exhibit D, Page 2 of 8 Ordinance No. 6442 Exhibit D, Page 3 of 8 Ordinance No. 6442 Exhibit D, Page 4 of 8 Ordinance No. 6442 Exhibit D, Page 5 of 8 Ordinance No. 6442 Exhibit D, Page 6 of 8 Ordinance No. 6442 Exhibit D, Page 7 of 8 Ordinance No. 6442 Exhibit D, Page 8 of 8 Ordinance No. 6442