HomeMy WebLinkAboutItem 10- SUB Mountaingate AnnexationAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
5/16/2022
Regular Meeting
Andy Limbird, DPW
541/726-3784
10 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 the second reading and continued public hearing and adopt/not adopt 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 (SECOND READING).
ISSUE
The City Council is requested to close the public hearing and conduct deliberations on an ordinance to
STATEMENT:
annex 1.77 acres of property zoned and designated Low Density Residential that is located near the
northeast corner of South 66th 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
3: Letter from Oregon Fair Housing Council
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 close the public hearing and conduct
deliberations on the ordinance annexing this property to the City and Willamalane Park & Recreation
District.
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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 opened a public hearing and continued the
public hearing to May 16, 2022 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 37
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 37
, 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 37
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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 37
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 37
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 37
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 37
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 37
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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 37
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 37
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 37
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
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Last Saved: April 9, 20J4
Revised 4/8/14 BJ
Attachment 2, Page 14 of 37
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 37
�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 37
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 37
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).
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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 37
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 37
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 37
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 37
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 37
Exhibit C, Page 1 of 7
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: Place Bar Code Sticker Here:
City of Springfield
Development & Public Works Dept.
Attn: Current Development Division
225 Fifth Street
Springfield, OR 97477
Page 1 of 6
Attachment 2, Page 23 of 37
Exhibit C, Page 2 of 7
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. 66t1i 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 37
Exhibit C, Page 3 of 7
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 69th 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 37
Exhibit C, Page 4 of 7
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.
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. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such
enforceability or invalidity shall not affect the enforceability or validity of any other provision of
this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights
and liabilities of the parties hereto shall be determined in accordance with the laws of the State of
Oregon.
Page 4 of 6
Attachment 2, Page 26 of 37
Exhibit C, Page 5 of 7
DATED this 2eday of ci
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT
By:
Its: ama & Title
STATE OF OREGON
COUNTY OF LANE I
SS
ate
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 1'I P 2(0', 2OZZ , 20
Gregi Miller Wi4r Division Q rector Sprin. U ilJ
BY AS OF
(APPLICANT)
NOTARY PUBLIC FOR OREGON
2022-
Y COMMISSION EXPIRES
Pa•e of ()
Attachment 2, Page 27 of 37
OFFICIAL STAMP
MARIA CARLENE TRAPPEN
*MY
NOTARY PUBLIC . OREGON
COMMISSION NO. 976776
COMMISSION EXPIRES AUGUST 01, 2022
NOTARY PUBLIC FOR OREGON
2022-
Y COMMISSION EXPIRES
Pa•e of ()
Attachment 2, Page 27 of 37
Exhibit C, Page 6 of 7
CITY O
F SPRINGFIELD
By:
Nan Newton, City Manager
STATE OF OREGON
COUNTY OF LANE ss
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 1 "-5202),
Xam-oi, A)ezo�ovi CIL e- L-1 �A o
BY AS u 0 OF
(CITY)
OFFICIAL STAMP
ALLYSON 0 PULIDO
NOTARY PUBLIC - OREGON
COMMISSION NO. 1017411
MY OOMMISSION EXPIRES OCTOBER 18, 2025
i'a<,ze 6 oi' O
NOTARY PUBLIC FOR OREGON
IV Q�OV
MY &MMA SION EXPIRES
Attachment 2, Page 28 of 37
EXHIBIT A
LEGAL DESCRIPTION
Exhibit C, Page 7 of 7
ANNEXATION FOR Springfield Utility Board - 3"dLevet 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 Mountaingate 2°d 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 54.38 feet, said curve having a radius of 45.00 fcct, a delta
angle of 64°08'31", and a chord that bears South 13°09'54" West 47.79 feet;
4. South X15°05'12" East 84.95 feet;
S. South 01°23'00" West 1.30.44 feet;
6. South 6 7`16'48" East 3 1.8 5 feet;
THIENCE leaving the boundary of said Mountaingate 2nd 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 29 of 37
TYPE IV — ANNEXATION
STAFF REPORT AND RECOMMENDATION
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` Property
Proposed for
Annexation
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File Name: Springfield Utility Board Mountaingate Annexation
Case Number: 811-22-000074-TYP4
Exhibit D, Page 1 of 8
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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 30 of 37
Exhibit D, Page 2 of 8
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 executed for this request (Attachment Q.
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 31 of 37
Exhibit D, Page 3 of 8
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.
The City Council continued the public hearing to May 16, 2022 to remedy the notification deficiencies. Notice of
the continued public hearing was published in the legal notices section of the Register Guard on May 9, 2022.
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 did not meet the two-week posted notice requirements of SDC 5.7-130.C.
Notice of the continued public hearing was posted in five places in the City on May 4, 2022: along both the South
66t' Place and Jessica Drive frontages near the property; on the public notices bulletin board in the City Hall lobby;
on the electronic display in the foyer of the Development & Public Works office; and on the City's webpage.
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. The public hearing was
continued to May 16, 2022 which remedied the notification deficiencies. Posted public notification of the continued
public hearing was provided in accordance with SDC 5.7-130.
Public Comment. A letter was received from the Fair Housing Council of Oregon in response to the notification of
Zoning Map Amendment posted on the state's Department of Land Conservation and Development website
(Attachment 3). The Fair Housing Council asserts that: "The staff report for 811-22-000074-TYP4 does not include
findings for Statewide Planning Goal 10, describing the effects of the amendments on the City. This is despite the
annexation being of land which is zoned for residential purposes, thus requiring Goal 10 findings. These findings
must demonstrate that the proposed change does not leave the City with less than adequate residential land supplies
in the types, locations, and affordability ranges affected. Only with a complete analysis quantifying the potential
gain/loss in needed housing as stated by the [Housing Needs Analysis] and compared to the [Buildable Lands
Inventory], can housing advocates and planners understand whether the City is achieving its goals through 811-22-
000074-TYP4."
Staff Response: It appears the response from the Fair Housing Council misinterprets the effect of the proposed
annexation action, which is to remove the Urbanizable Fringe Overlay District (UF -10) from the property. The
proposed annexation is not a Code or comprehensive plan amendment as suggested by the response letter.
Additionally, although the subject site has been inside the Springfield Urban Growth Boundary for decades, it was
excluded from the City's Residential Lands Inventory that was conducted prior to adoption of the Springfield 2030
Comprehensive Plan — Residential Land Use and Housing Element. The site is classified as "developed" on the
"Residential Land By Classification" map on Page 17 of the Springfield Housing Needs Analysis prepared by
ECONorthwest in 2011. The map was incorporated into the Springfield 2030 Comprehensive Plan - Residential
Land Use and Housing Element with adoption of Ordinance 6268 in June 2011. It is likely that evaluation of the
subject property revealed its long-term use as a public utility site — residential zoning notwithstanding — so it was
deliberately excluded from the City's Housing Needs Analysis. Because the site is being annexed for continued use
as a public utility site, the annexation action has no effect on the prior Housing Needs Analysis study or the City's
Residential Lands Inventory. For these reasons, the Fair Housing Council's request to defer adoption of the
annexation Ordinance in favor of the City preparing an updated Housing Needs Analysis and Buildable Lands
Inventory has no merit.
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
Attachment 2, Page 32 of 37
Exhibit D, Page 4 of 8
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
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.
Attachment 2, Page 33 of 37
Exhibit D, Page 5 of 8
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 3' 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 66' 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
signed the Annexation Agreement prepared by City staff (Attachment 2, Exhibit Q. The Annexation Agreement
has been signed and executed by the City Manager and will be recorded at Lane County Deeds & Records.
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
Attachment 2, Page 34 of 37
Exhibit D, Page 6 of 8
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
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 66t'
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'i' 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.
Attachment 2, Page 35 of 37
Exhibit D, Page 7 of 8
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 66t' 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 Management — The City and Sanipac have an exclusive franchise arrangement for garbage service inside
the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac.
Communication Facilities — Various providers offer both wired and wireless communication services in the Eugene -
Springfield metropolitan area. Existing providers and those entering the market have the capability to provide
service to this area.
Land Use Controls — The annexation area is within Springfield's urban growth boundary. Through an
intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and
building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls
after annexation.
Finding: The minimum level of key urban facilities and services, as outlined in the 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.
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 conducted a first reading of the Annexation Ordinance and opened the Public
Hearing on May 2, 2022 for the subject annexation request. The public hearing was continued to the May 16, 2022
regular meeting. Based on the staff analysis and recommendations, and on testimony provided at the Public
Hearing, the City Council may now deliberate and take action to approve, modify, or deny the Annexation
Ordinance.
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 second reading and potential adoption at the regular meeting scheduled for May 16,
2022. Therefore, if the annexation is adopted after 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 —
Attachment 2, Page 36 of 37
Exhibit D, Page 8 of 8
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 and for the continued public hearing on May 16, 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. The posted and newspaper notice
requirements of SDC 5.7-130.0 that were not initially met for this annexation application have been remedied
by reposting and renotification of the May 16, 2022 public hearing.
Attachment 2, Page 37 of 37
r=1 FAIR
HOUSING
COUNCIL
OF OREGON
May 1, 2022
Springfield City Council
225 Fifth Street
Springfield, OR 97477
Re: Annexation of 1.77 acre parcel to the City of Springfield will remove Urbanizable
Fringe Overlay District (UF -10). Underlying Low Density Residential (LDR) zoning will be
unaffected. (811-22-000074-TYP4)
Dear Councilors:
This letter is submitted jointly by Housing Land Advocates (HLA) and the Fair Housing Council
of Oregon (FHCO). Both HLA and FHCO are non-profit organizations that advocate for land use
policies and practices that ensure an adequate and appropriate supply of affordable housing for
all Oregonians. FHCO's interests relate to a jurisdiction's obligation to affirmatively further fair
housing. Please include these comments in the record for the above -referenced proposed
amendment.
As you know, all amendments to the City's Comprehensive Plan and Zoning map must comply
with the Statewide Planning Goals. ORS 197.175(2)(a). When a decision is made affecting the
residential land supply, the City must refer to its Housing Needs Analysis (HNA) and Buildable
Land Inventory (BLI) in order to show that an adequate number of needed housing units (both
housing type and affordability level) will be supported by the residential land supply after
enactment of the proposed change. Goal 10 findings are also required for code changes affecting
residential development feasibility, such as parking standards and setbacks.
The staff report for 811-22-000074-TYP4 does not include findings for Statewide Planning Goal
10, describing the effects of the amendments on the City. This is despite the annexation being of
land which is zoned for residential purposes, thus requiring Goal 10 findings. These findings
must demonstrate that the proposed change does not leave the City with less than adequate
residential land supplies in the types, locations, and affordability ranges affected. See Mulford v.
Attachment 1, Page 1 of 2
r=1 FAIR
HOUSING
COUNCIL
OF OREGON
Town of Lakeview, 36 Or LUBA 715, 731 (1999) (rezoning residential land for industrial uses);
Gresham v. Fairview, 3 Or LUBA 219 (same); see also, Home Builders Assn. of Lane Cty. v.
City of Eugene, 41 Or LUBA 370, 422 (2002) (subjecting Goal 10 inventories to tree and
waterway protection zones of indefinite quantities and locations). Only with a complete analysis
quantifying the potential gain/loss in needed housing as stated by the HNA and compared to the
BLI, can housing advocates and planners understand whether the City is achieving its goals
through 811-22-000074-TYP4.
HLA and FHCO urge the Council to defer adoption of the proposed 811-22-000074-TYP4 until
Goal 10 findings can be made, and the proposal evaluated under the HNA and BLL Thank you
for your consideration. Please provide written notice of your decision to, FHCO, c/o Allan Lazo,
at 1221 SW Yamhill Street, #305, Portland, OR 97205 and HLA, c/o Jennifer Bragar, at 121 SW
Morrison Street, Suite 1850, Portland, OR 97204. Please feel free to email Allan Lazo at
informationgfhco.org or reach him by phone at (503) 223-8197 ext. 104.
Thank you for your consideration.
Allan Lazo
Executive Director
Fair Housing Council of Oregon
/s/ Jennifer Bragar
Jennifer Bragar
President
Housing Land Advocates
cc: Kevin Young (kevin.young@state.or.us)
2
Attachment 1, Page 2 of 2