HomeMy WebLinkAboutOrdinance 6447 10/03/2022CITY OF SPRINGFIELD, OREGON
6447
ORDINANCE NO.
TH
AN ORDINANCE ANNEXING CERTAIN TERRITORY (999 SOUTH 47 STREET) 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 May 13, 2022, said territory being
Township 18 South, Range 02 West, Section 05, Map 13, Tax Lot 3002, which is
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addressed as 999 South 47 Street 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 owners 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, the City Council of the City of Springfield has determined that the provision of City services
to the subject area is necessary because the septic system on the property has failed;
WHEREAS, the applicant has executed an Annexation Agreement (Exhibit C) that addresses the timing
and responsibility for provision of sanitary sewer service and other urban improvements 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 R-1 Residential District zoning will be
retained;
WHEREAS, a Staff Report (Exhibit D) 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 (SDC 5.7.140(B)), and to withdraw the
subject territory from the Willakenzie Rural Fire Protection District as the City of Springfield will provide
emergency response services directly to the area after it is annexed to the City;
WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and
Springfield regarding boundary changes dated May 21, 2008; and
WHEREAS, on September 6, 2022, the Springfield Common Council conducted a public hearing and is
now ready to take action on this application based on the recommendation and findings in support of
approving the annexation request as set forth in the aforementioned Staff Report to the Council,
incorporated herein by reference, and the evidence and testimony presented at this public hearing held in
the matter of adopting this Ordinance,
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 Common Council of the City of Springfield does hereby approve withdrawal of
the following described territory from the Willakenzie Rural Fire Protection District, said territory being
generally depicted and more particularly described in Exhibit A to this Ordinance.
Section 3. The City Manager or the Development & Public Works Director or their designee
shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7.155.
Section 4. 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 5. Effective Date of Ordinance. This Ordinance shall become effective on the day
following the general election, November 9, 2022, or upon the date of its filing
with the Secretary of State
as provided by ORS 222.180, whichever is later.
19thSeptember
ADOPTED by the Common Council of the City of Springfield, this day of , 2022,
50
(1 absent - Woodrow)
by a vote of _____ for and _____ against.
19th
September
APPROVED by the Mayor of the City of Springfield this day of , 2022.
Mayor
ATTEST:
City Recorder
9/19/22
Ordinance No. 6447
Exhibit A Page 1 of 2
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
Beginning at the Southwest corner of the A.W. Hammitt D.L.C.#86 in Section 5, Township 18
South, Range 2 West of the Willamette Meridian; running thence South0 π est213.21
feet; thence along the Northerly right-of-way of County Road #49, North88 π est65.65
feet; thence North88 π est268.49 feet to an iron pin marking the true point of beginning;
thence leaving the right-of-wayrunning the following six(6)described courses:
1)North 120.00 feet; thence
2)South89 π ast73.58 feet;thence
3)North 84.97 feet; thence
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4)North89 π est149.72 feet to a point on the Easterly right-of-way of South 47Street;
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5)Thence along the Easterly right-of-way of South 47Street South 202.89 feet to a point on the
Northerly right-of-way of County Road #49;
6)Thence along said Northerly right-of-waySouth88 π ast76.17 feet to the true point of
beginning,all in Lane County, Oregon.
Ordinance No. 6447
Ordinance No. 6447
Exhibit A Page 2 of 2
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Ordinance No. 6447
Exhibit D Page 1 of 8
TYPEIVANNEXATION
STAFFREPORTANDRECOMMENDATION
Ivy Street
Property
Proposed for
Annexation
City Limits
FileName:Misty AvalosAnnexation
CaseNumber:811-22-000125-TYP4
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Proposal Location:999 South 47Street(Map 18-02-05-13, Tax Lot 3002)
CurrentZoning& ComprehensivePlan Designation:R-1 / LowDensity Residential (LDR)
ApplicableComprehensivePlan:Springfield 2030 Comprehensive Plan
ApplicationSubmittal Date:
May 13, 2022
AssociatedApplications:811-22-000087-PRE (Development Issues Meeting); 811-22-000109-PRE
(Pre-submittal Meeting)
CITY OFSPRINGFIELDSDEVELOPMENTREVIEW COMMITTEE
POSITIONREVIEW OFNAMEPHONE
Project ManagerPlanningAndyLimbird541-726-3784
Transportation Planning EngineerTransportationMichaelLiebler541-736-1034
PublicWorksCivil EngineerStreetsand UtilitiesClayton McEachern541-736-1036
DeputyFireMarshalFireandLifeSafetyGilbert Gordon541-726-2293
BuildingOfficialBuildingChris Carpenter541-744-4153
Ordinance No. 6447
Exhibit D Page 2 of 8
ReviewProcess (SDC5.7.115):The subjectannexationrequestis being reviewedunderType4procedures,without
PlanningCommission consideration.
The City of Springfield adopted comprehensive changes to its Development Code on July 1, 2022(Ordinance 6443).
The subject annexation is request is being reviewed in accordance with the Development Code provisions in effect
on the date of application submittal, which is May 13, 2022; however, there were no substantive changes to the
Annexation section, SDC 5.7.100, adopted by Ordinance 6443. For ease of reading, citations appearing in this staff
report use the formatting of the code in effect at the time of this decision (e.g. 5.7.100, rather than 5.7-100).
DevelopmentIssues Meeting(SDC5.7.120):ADevelopmentIssuesMeeting (DIM)isrequiredofallpublic
agencyand privatelandowner-initiatedannexation applications, unless waived by the Director.
Finding: The property owners submitted an application for a Development Issues Meeting on April 5, 2022 and the
meeting was held on April 26, 2022.Subsequently, apre-submittal meeting for the annexation request was held on
May 13, 2022 (Case 811-22-000109-PRE).
Conclusion:Therequirementin SDC5.7.120ismet.
AnnexationInitiationandApplicationSubmittal(SDC5.7.125):InaccordancewithSDC5.7.125(B)(2)(b)(i)
andORS222.170(1),anannexationapplicationmaybeinitiatedbymorethan halftheownersof landinthe
territory,whoalso ownmorethanhalfthelandinthecontiguousterritory andofrealpropertythereinrepresenting
morethanhalftheassessedvalueofallrealpropertyinthecontiguousterritoryconsentinwritingtotheannexation
oftheirland.
Finding: Thepropertyownerswhoownallofthelandandrealproperty,andfullassessedvalueofreal
propertyinthecontiguous territory,havefiledan applicationandpetitionrequesting annexationtotheCity of
Springfield(Attachment2, Exhibit B).
Conclusion:TheapplicationrequirementsinSDC5.7.125 havebeenmet.
SiteInformation:The subject annexation area consists of an L-shapedresidential parcelthat is approximately 0.5
acres in size and contains an existing single-detacheddwellingand detached accessory structures. Thepropertyis
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located at the northeast corner of the intersection of Jasper Road and South 47Street. The subject site is inside
the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the
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western property boundary (the eastern edge of the South 47Street right-of-way)in accordance with SDC
5.7.140(A)(1).
At the time of initial application submittal on May 13, 2022, zoningforthepropertywasLowDensityResidential
(LDR)withanUrbanizableFringeOverlay(UF-10)applied.After implementation of the new Development Code
on July 1, 2022 the property is now within the R-1 residential district and it retains the UF-10 overlay; the change to
this zoning district, as applicable to this application, is in name only.Accordingtotheapplicanssubmittal, the
primary purpose of the annexation request is to facilitate connection of the existing house to City sanitary sewer due
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to a failed septic system on the property. There is an existingpublicsanitary sewer line within South 47Street
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along the western frontage of the property.However, the South 47Street and Jasper Road frontages of the property
are not developed to urban standards and lack curb, gutter, sidewalk, street trees, and piped stormwater facilities.
and financial obligations for
provision of public streets, utilities, and servicesto the property is warranted for this request.The applicant has
signed an Annexation Agreement for future urban improvements, including provision of sanitary sewer serviceto
the property (Attachment 2, Exhibit C).
Existing public services are providedtotheannexation area as follows: police (LaneCounty Sheriff),schools
(SpringfieldSchoolDistrict),roads(Lane County and City ofSpringfield),andFire(Eugene-Springfield Fireunder
contractwiththeWillakenzie Rural Fire ProtectionDistrict).Springfield UtilityBoard(SUB)operatesthe existing
electric infrastructurealong the site frontages. There is no rural water service for unincorporated properties in the
vicinity of this site. Upon annexation, theCityofSpringfieldwillberesponsibleforallurbanservices, including
Ordinance No. 6447
Exhibit D Page 3 of 8
sanitary sewer,water(through SUB), electricity(through SUB),andpolice/fireresponsetothesubjectarea.
NoticeRequirements(SDC5.7.130):Consistentwith SDC5.7.130, noticewasprovidedasfollows:
Mailed Notice. Noticeoftheannexationapplicationwasmailed August 5, 2022,whichisatleast14 dayspriorto
thepublichearing date,totheaffectedproperty owner(s);ownersandoccupantsof propertieslocatedwithin 300
feetoftheperimeteroftheproposedannexationterritory;affected specialdistrictsandallotherpublicutility
providers;andtheLaneCounty Land ManagementDivision,LaneCountyElections,andtheLaneCountyBoardof
Commissioners.The list of recipients of the mailed notice is included with the Affidavit of Mailing for this
annexation application and is retained as part of the public record for Planning Case 811-22-000125-TYP4.
NewspaperNotice. NoticeoftheSeptember 6, 2022publichearingwaspublishedinTheRegister-Guardon
August 21 and 28, 2022.The notification meetsthe requirements of SDC 5.7-130(B)for two consecutive notices in
the two-week period before the hearing.
PostedNotice.NoticeoftheSeptember 6, 2022publichearing wasposted infourpublicplacesinthe City:along
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the South 47Street frontageof the property;on the Public Notices bulletin board in the lobby of City Hall; on the
electronic display in the foyer of the Development &Public Works office; and ontheCity ofSpringfieldwebsite.
Finding:UponannexationofthesubjectterritorytotheCity,theunderlying R-1 residential zoningwillbe retained,
buttheUrbanizableFringeOverlayDistrict(UF-10)willnolongerapply. Duetothischange,the Oregon
DepartmentofLandConservationandDevelopment(DLCD)was notifiedinwritingoftheannexation proceedings
priortothepublichearing.NotificationtoDLCDregardingtheproposedannexationwassentonMay 24, 2022,
which is 105days prior to the initial public hearing on the matter.
Conclusion:Noticeofthepublichearingwasprovidedconsistentwith SDC5.7.130.
RecommendationtoCityCouncil(SDC5.7.135):TheDirectorshallforwardawrittenrecommendationonthe
annexationapplicationtotheCityCouncilbasedontheapprovalcriteriaspecifiedinSDC5.7.140,which are
providedasfollowswiththeSDCrequirements,findings,andconclusions.TheDirectorsrecommendationfollows
SDC5.7.140, Criteria.
Criteria(SDC 5.7.140):TheapplicationmaybeapprovedonlyiftheCityCouncilfindsthattheproposal conforms
tothefollowingcriteria:
A.Theaffectedterritory proposedto beannexediswithintheCitysurban growth boundary;andis
1.Contiguoustothecitylimits;or
2.SeparatedfromtheCityonlybyapublicrightofwayorastream,lakeorotherbodyofwater.
Finding:Thesubjectannexationterritoryislocatedwithintheacknowledgedurbangrowthboundary(UGB)of the
City of Springfield (see additional discussion in Subsection B below). Theparcelrequestedforannexationabutsthe
Springfieldcity limitsalong the western property boundary, which is coterminous with the eastern edge of the South
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47Street right-of-way. Therefore,thisannexation applicationmeetsthe statutorydefinitionofcontiguityasfound
inORS 222.111(1).
Conclusion:Theproposalmeetsand complieswith Criterion(A)(1), SDC 5.7.140.
B.The proposed annexationisconsistent with applicable policies inthe Metro Plan and in any applicable
refinementplansorPlanDistricts;
Finding:TheMetroPlanwasacknowledgedbytheLandConservationandDevelopmentCommission(LCDC)in
August,1982andhasbeensubsequently amended.The original Metro PlanUGB 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. as delineated by Ordinance 6268 wassubsequently
Ordinance No. 6447
Exhibit D Page 4 of 8
revised and expanded upon adoption of Ordinance 6361in 2016.The revised and expanded UGB is delineated
on an individual tax lot basisand has been acknowledged by LCDC.TerritorywithintheacknowledgedUGB
ultimatelywillbewithintheCityofSpringfield.
Finding:In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan -Urbanization Element
asa component of
Urbanization.TheUrbanization Elementexplicitly retainsthe Metro Planlong-standing urbanization policy
criteria for approving annexations. TheUrbanization Elementhas been acknowledged by LCDC.
Finding:Theterritoryrequestedforannexationiswithin an areathat iszonedR-1
application was filed)which is consistent with the Low Density Residential plan designation. The adopted
elements of the Springfield 2030 ComprehensivePlanapply to areas within the Springfield UGB, particularly
the Urbanization Element adopted byOrdinance 6361. At present, therearenoproposed changestothezoning
orplandesignationfor the property, althoughtheUrbanizable Fringe(UF-10) overlay will be effectively removed
uponannexation.
Finding:ThecontinuedannexationofpropertiestotheCityofSpringfieldis consistentwithPolicy29of the
Springfield 2030 ComprehensivePlan Urbanization Elementwhich specifies annexation as the preferred
mechanism for provision of urban services to properties within the UGB,whichwillresultintheeliminationof
specialdistrictswithintheurbanizable area.
Finding: More detailed discussion of Public Facilities and Services in the Metro Plan(Section III-G) and the
Eugene-Springfield Public Facilities and Services Plan(PFSP)a refinement plan of the Metro Plan contemplates
eventual elimination of special service districts within eachciUGB as annexation occurs incrementally.Policy
G.9 of the Eugene-Springfield PFSPstates that EugeneandSpringfieldand theirrespectiveutilitybranches, Eugene
Water&Electric Board(EWEB) andSpringfield UtilityBoard (SUB), shallultimatelybethewaterservice
providers within their respectiveurban growth boundary.The requested annexation is consistent with this adopted
policy.
Finding:Theterritoryrequestedforannexationis currently within the service area ofthe Willakenzie Rural Fire
Protection District.The rural firedistricthasaservicearrangementwithEugene-SpringfieldFire Department for
provisionoffireresponseto unincorporated areasofsouthSpringfield. Afterthe public hearing and Counciladoption
ofthe annexationOrdinance,theannexationareawillbewithdrawnfromtheWillakenzie Rural Fire Protection
DistrictconsistentwithORS 222.520and 222.524andtheCity of Springfield will provide fire and life safety services
to the annexation area via the consolidated Eugene-Springfield Fire department.
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.There is no rural water district serving
unincorporated properties in this area of south Springfield. Therefore, annexation is required to obtain SUB water
service to the property, if desired.
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
with City.
Finding: In accordance with Policy 35 of the Springfield 2030 ComprehensivePlanUrbanization Element,the
City shall 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.
Finding: The requested annexation is to facilitate connection of the existing house to City sanitary sewer due to a
failed septic system on the property. Therefore, the subject annexation is a health hazard abatement action. Public
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sanitary sewer service is availabletothe property along the South 47Streetfrontage of the site.
Finding: The applicant hassubmitted an application for annexation to the City (Attachment 2, Exhibit B), and has
Ordinance No. 6447
Exhibit D Page 5 of 8
executed an Annexation Agreement(Attachment 2, Exhibit C). Further, the applicant has made necessary
arrangements for payment ofthe applicable sewer assessment feesandSystem Development Charges (SDCs),and
alreadyobtained necessary permits for connecting the house to the public sanitary sewer system. Because the South
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47Street and Jasper Road frontages of the property are not fully developed to urban standardsand the parcel is
large enough to accommodate further development and/or land division in the future, staff advises that anAnnexation
Agreement is warranted for this request(see subsection D below).
Conclusion:Theproposalmeetsand complies with CriterionB, 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 Plan and SpringfieldDevelopment Code.
Finding: In accordance with Policy 31 of the Springfield 2030 ComprehensivePlan Urbanization Element, key
urbanfacilities 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 usecontrols; 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 Cityownedor operated facilities.
Finding:Theterritoryrequestedforannexation is contiguous with the City limits line along the westernboundary,
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which is also represented by the eastern edge of the South 47Street right-of-way.Urban utilitiesincluding water,
piped stormwater, sanitary sewer, and electricity,have been extended along adjacent public streets(including the
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South 47Streetand Jasper Road frontagesof the site)and are availableto serve the subject property, adjacent
properties,and areas beyond the annexation territory. Therefore, theurbanservicedeliverysystemsare already
available and inplaceor can be logically extended from points in the vicinity to serve the subject property. The
followingurban utilities, facilitiesandservicesareeitheravailableorcanbeextendedtothisannexationarea:
WaterThe SpringfieldUtilityBoardoperates 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. SUB
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operates a 6-inch water line that runs along the subject property frontagein South 47Street. The water lineis
available for provision of water service to the property and also provides for fire protection in the form of an existing
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fire hydrant near the intersection of South 47Street and Ivy Street, just north of the subject site. Uponannexation,
the property will be eligible to receiveSUB Water service.
ElectricitySUBprovideselectric servicetothe neighborhoodsin Springfieldthat arenorth of the Mt.Vernon
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Road alignment. SUB owns and maintains electrical system infrastructure along the South 47Street and Jasper Road
frontagesof the property. Existingelectricalsysteminfrastructurewithinthepublicrights-of-waywillcontinue to
be maintained bytheaffected utilityprovider.
PoliceServicesSpringfieldPoliceDepartmentcurrentlyprovidesservicetoareasofsouthSpringfieldthatare
alreadyinsidetheCitylimits.TheannexationterritoryiscurrentlywithinthejurisdictionoftheLaneCounty
SheriffsDepartment.Uponannexation, thisareawillreceiveSpringfieldPoliceservicesonan equalbasiswith
otherproperties insidetheCity.
FireandEmergency ServicesFireprotectioniscurrentlyprovidedtotheannexationareabyEugeneSpringfield
FireDepartmentundercontractwithWillakenzie Rural Fire ProtectionDistrict.Uponannexation,theEugene
SpringfieldFireDepartment willdirectly providefire and emergency servicestothe subjectterritory.
Ordinance No. 6447
Exhibit D Page 6 of 8
Emergencymedicaltransport(ambulance)servicesareprovidedonametro-widebasisbytheEugeneSpringfield
FireDepartment. Theannexationareawillcontinuetoreceivethisserviceconsistentwiththeadoptedambulance
servicearea(ASA)plan. Mutualaidagreements have been adopted by the threeregionalASA providersto provide
backup coverageforeachothersjurisdictions.
ParksandRecreationParkandrecreationservicesareprovidedwithintheCityofSpringfieldbytheWillamalane
Park&RecreationDistrict. The park districtoperates severalindoorrecreationfacilities, suchastheWillamalane
Park SwimCenter,Lively Park SwimCenter,Bob Keefer Centerfor Sports and Recreation, and WillamalaneAdult
Activity Center. Theparkdistrictoffersvariousafter-schoolandotherprogramsfor childrenatschools and parks
throughoutthecommunity.Also availableare pathwaysandseveralcategoriesof parks,includingcommunityparks,
sportsparks, specialuseparks, and naturalareaparks.
ConcurrentwithannexationtotheCity ofSpringfield,thesubjectpropertywillbeannexedtotheWillamalanePark
&RecreationDistrictconsistentwithCitypolicy, an intergovernmental agreement between the City of Springfield
and Lane County,andtheadoptedWillamalaneComprehensivePlan.
Library ServicesUponannexationtotheCity ofSpringfield,thesubjectareawillbeserved bytheSpringfield
PublicLibrary.
SchoolsTheSpringfieldSchoolDistrictservesthis areaof southSpringfield. Basedontheexisting use
of the subject propertyas a single detached dwelling,it is expected that the annexation territory sustains
permanent residents andcould generateaschool-age population in the future.Additionally, the property has further
development and/or redevelopment potential due to its half-acre size.The Springfield School District has capacity to
serve the annexation areain its current configuration, and in the event the property redevelopsin the future.
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SanitarySewerTheannexationterritoryhas an existing public sanitary sewer linealong the South 47Street
frontage.The applicant hasarranged for payment of applicable fees andobtainednecessary permits to connect the
existing house to the public sanitary sewer system.Connection to the public sanitary sewer system was facilitated
by issuance of a Plumbing Permit (City permit number 811-22-001200-PLM) on May 24, 2022.
StormwaterThesubjectannexationterritoryis servedbythe public stormwatermanagement system located in
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South 47Street.However, the public system along the property frontage is an open ditch and is not developed as a piped,
underground system similar to the west side of the street.Should further development or redevelopment of the site occur
in the future, extension and expansion of public and private stormwater facilities necessary to serve the property willbe
doneconcurrently with construction of other site improvements and utilities, as required in the Annexation Agreement
(Attachment 2, Exhibit C).
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StreetsThewestern boundary of the subjectannexationareaabutsSouth 47Street, which hasbeen partially
developed withcurb, gutter,paving, sidewalks, street lights, sanitary sewer, and piped stormwater facilitieson the
western side of the street.On the eastern side of the street, which is contiguous with the subject property frontage,
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South 47Street lacks urban improvements including curb, gutter, sidewalk, full pavement width, piped stormwater
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facilities, and street trees. South 47Street is classified as a local street and is developed with one vehicle travel
lane in each direction. The limited pavement width allows for vehicle parking only onthe western side of the street
and there is a variable-width gravel shoulder on the eastern edge along the subject property frontage.
The southernboundary of the subject annexation area abuts Jasper Road, which is classified as a minor arterial
street. The segment of Jasper Road abutting the subject property is not developed to urban standards and lacks
curb, gutter, striped bicycle lanes, sidewalks, streetlights, and piped stormwater facilities. To the east of the
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intersection with South 47Street and the subject property frontage,Jasper Road is improved with one vehicle lane
in each direction with a limited-width paved shoulder. Because the fronting public streets are not fully improved,
there applicant hasexecuted an Annexation Agreement for the subject annexation request(Attachment 2, Exhibit
C).
SolidWasteManagementTheCityandSanipachaveanexclusivefranchisearrangementforgarbageservice inside
theCitylimits.Upon annexation,solidwastedisposalservicewouldbeprovided bySanipac.
Ordinance No. 6447
Exhibit D Page 7 of 8
CommunicationFacilitiesVariousprovidersofferbothwiredandwirelesscommunicationservicesinthe Eugene-
Springfieldmetropolitanarea. Existingprovidersandthoseenteringthemarkethavethecapabilityto provide
servicetothisarea.
LandUseControlsTheannexationareaiswithinSpringfieldsurbangrowthboundary. Throughan
intergovernmentalagreementbetweenLaneCountyandtheCityofSpringfield,theCityalreadyhasplanning and
buildingjurisdictionforunincorporatedareasofSpringfield.TheCitywillcontinuetoadministerlanduse controls
afterannexation.
Finding:Theminimumlevelofkeyurbanfacilitiesandservices,asoutlinedinthe Springfield 2030
ComprehensivePlan Urbanization Elementareimmediatelyavailableto the site.
Conclusion:Theproposalmeetsand complies withCriterionC, SDC 5.7.140.
D.Whereapplicable,fiscalimpactstotheCity havebeen mitigatedthrough anAnnexationAgreementor
othermechanismapproved by theCityCouncil.
Finding:Thearea proposed for annexation is a residential parcel containing an existing single detacheddwelling
and detached accessory structures.The applicant has arranged for payment ofthe applicable sewer assessment fees
andsystem development chargesfor conneBecause the required sanitary
sewer service is immediately available to the site,the applicant was allowed to obtain a plumbing permit for
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connecting the house to City sanitary sewer. However, the South 47Street and Jasper Road frontages of the
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property are not improved to urban standards. The parcel has approximately 203 feet of frontage on South 47Street
and about 76 feet of frontage on Jasper Road. Additionally, the property requested for annexation is 0.5 acres in
size, which is large enough for further development or redevelopment of the property including land division. For
the aforementioned reasons, anAnnexation Agreement iswarrantedand appropriate for this annexation request.
Finding:The applicant has signed an Annexation Agreement with the City for the future provision of urban
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improvements, including stormwater facilities upon further development, and street improvements to the South 47
Street and/or Jasper Road frontages upon further development or redevelopment of the property(Attachment 2,
Exhibit C).
Finding: Upon final execution and recording of the Annexation Agreement at Lane County Deeds & Records, the
obligations detailed therein run with the property title.
Conclusion:Theproposalmeetsand complies with CriterionD, SDC 5.7.140.
CityCouncilDecision(SDC5.7.145): CityCouncilapprovaloftheannexationapplicationshallbeby
Ordinance.
Finding:The City Council gavefirstreadingoftheAnnexationOrdinance andheld aPublicHearingon
September 6, 2022forthesubjectannexationrequest. No one provided testimony at the public hearing meeting.
Basedonthestaffanalysisandrecommendations,andontestimonyprovidedatthePublicHearing,theCity
Councilmaytakeactiontoapprove,modify,ordenytheAnnexationOrdinanceat the regular meeting on
September 19, 2022.
Zoning(SDC5.7.150):ThearearequestedforannexationiszonedR-1 residentialdistrict
the application was submitted)and is designed Low Density Residential in accordancewiththeSpringfieldZoning
MapandtheadoptedMetroPlandiagram.Propertiesthatareoutside theCitylimitshavetheUrbanizableFringe
OverlayDistrict(UF-10)appliedtothezoning.Upontheeffective dateoftheannexation,theUF-10overlay
willbeautomaticallyremoved and the property will retain the R-1zoning.
EffectiveDateand NoticeofApproved Annexation(SDC5.7.155):The subject annexation request waspresented
to the City Council for consideration at an initial public hearing on September 6, 2022.Second reading and potential
Ordinance No. 6447
Exhibit D Page 8 of 8
adoption of the annexation Ordinance is scheduled for September 19, 2022. Per ORS 222.040, an annexation and removal
of property from a special district may not become effective during the period that beginsonthe 90th day before a primary
election or general election and endson the day after the election. November 8, 2022 is a general election; therefore, the
annexation and special district withdrawal will become effective on November 9, 2022, oruponacknowledgementof
filingwiththeSecretaryofStatewhicheverdateislater.
Withdrawal fromSpecialServiceDistricts(SDC 5.7.160):Withdrawalfrom specialdistrictsmayoccur
concurrentlywiththeapprovedannexationOrdinance orafterthe effective date ofthe annexation ofterritorytothe
City.TheDirectorshallrecommendtotheCityCouncilforconsiderationofthewithdrawalofthe annexed territory
fromspecialdistrictsasspecifiedinORS222.Indeterminingwhethertowithdrawtheterritory,the CityCouncil
shalldeterminewhetherthewithdrawalisinthebestinterestoftheCity.Noticeofthewithdrawal shallbeprovided
inthesamemannerastheannexation noticeinSDC 5.7.130.
Finding:TheannexationareaiswithinthedelineatedserviceterritoryofSUB(electricand water) and Willakenzie
Rural Fire Protection District (contracted fireresponse).TheCitiesofEugene/Springfield will directlyprovidefire
andemergencyservicesafterannexation,andtheCityofSpringfieldbyandthroughtheSpringfieldUtility
Boardcanprovidewaterserviceafterannexation.ConsistentwithSDC 5.7.160,noticewasprovidedfor the public
hearing on September 6, 2022.WithdrawalfromtheWillakenzie Rural Fire ProtectionDistrictconcurrently with
annexation of the territory to the City of Springfield isinthebestinterestoftheCity. The withdrawal from the
Willakenzie Rural Fire ProtectionDistrict is necessary to implement Policies 31 and 32 of the Springfield 2030
ComprehensivePlan Urbanization Elementwherebyannexation is prioritized for the City of Springfield to provide
urban services to its incorporated territory,and existing special service districts within the UGBare to be
dissolved over time.
DIRECTORSRECOMMENDATION:Theproposalcomplieswiththeannexationcriteriaofapproval
listedinSDC5.7.140,andCounciliswithinitsauthoritytoapproveannexationofthesubjectterritorytothe
CityofSpringfieldandWillamalaneParkandRecreationDistrictandwithdrawalofthesubject territory
fromtheWillakenzie Rural Fire ProtectionDistrict.
Ordinance No. 6447