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HomeMy WebLinkAboutOrdinance 6451 10/17/2022 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6451 AN ORDINANCE ANNEXING CERTAIN TERRITORY (932 SOUTH 40TH PLACE AND PUBLIC RIGHTS-OF-WAY FOR AN APPROXIMATELY 314-FOOT LONG SEGMENT OF OSAGE STREET, THE INTERSECTION OF OSAGE STREET AND SOUTH 40TH PLACE, AND AN APPROXIMATELY 424-FOOT LONG SEGMENT OF SOUTH 40TH PLACE) 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 June 23, 2022, said territory being Assessor's Map Township 18 South, Range 02 West, Section 06, Map 14, Tax Lot 8400, which is addressed as 932 South 40th Place and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, the concurrent annexation of an approximately 314-foot long segment of Osage Street, the intersection of Osage Street and South 40th Place, and an approximately 424-foot long segment of South 40th Place as generally depicted and more particularly described in Exhibit A to this Ordinance is in the public interest as the City will be undertaking public sewer line installation within these streets; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of 932 South 401h Place 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, 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 C) was presented to the City Council with the Director's recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7.140(8)), and to withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and 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 October 3, 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. ADOPTED by the Common Council of the City of Springfield, this 17 day of October 2022 by a vote of 5 for and 0 against. (1 absent - Woodrow) APPROVED by the Mayor of the City of Springfield this 17 day of October , 2022. Mayor ATTEST: City Recorder REVIEWED&APPROVED AS TO FORM .WRINCFTFCD CITY ATTORNFY'S OFFICE Ordinance No. 6451 Exhibit A, Page 1 of 2 Annexation Description For City of Springfield Map 18-02-06-14,Tax Lot 08400/Osage Street/S.40th Place Lot 1, Block 3 of the plat of Hazelwood,as platted and recorded in Book 33, Page 7, Lane County Oregon Plat Records, Lane County, Oregon. AND:those portions of South 40th Place and Osage Street as dedicated for public use on said plat of Hazelwood, being more particularly described as follows: Beginning at the southeast corner of Lot 2, Block 2 of Hazelwood, as platted and recorded in Book 33, Page 7, Lane County Oregon Plat Records, Lane County Oregon, said point being on the westerly margin of South 40th Place and northerly margin of Jasper Road; thence North 00`30'20"West,along said westerly margin of South 401h Place,423.44 feet to a point of curvature;thence along the arc of a 25.44 foot radius curve to the left,the chord bearing of which bears North 45°15'10"West 35.82 feet to a point on the southerly margin of Osage Street;thence West, along said southerly margin of Osage Street 314.78 feet to the northwest corner of Lot 8, Block 3 of said Hazelwood; thence leaving said southerly margin of Osage Street, North 00°30'20"West 50.00 feet,to the southwest corner of the plat of H.F. Franklin Addition,as platted and recorded Book 14, Page 31, Lane County Oregon Plat Records, said southwest corner of H.F. Franklin Addition also being on the northerly margin of Osage Street;thence East, along said northerly margin of Osage Street, 390.00 feet to the northwest corner of Lot 9, Block 1 of said Hazelwood,also being on the easterly margin of South 401h Place;thence South 00°30'20" East, along said easterly margin of South 40th Place,498.66 feet to the southwest corner of Lot 4, Block 1 of said Hazelwood, said point also being on the northerly margin of Jasper Road;thence leaving said easterly margin along the northerly margin of Jasper Road,West 50.00 feet,to the Point of Beginning, all in Lane County,Oregon. Bearings and distances are based on the plat of Hazelwood, as platted and recorded in Book 33, Page 7, Lane County Oregon Plat Records, Lane County,Oregon. REGISTERED PROF SIGNAL LA SU EYOR 6� OlfEGON JUNE 13. 2008 MIKEAL J. BLOMME' 74387 EXPIRES DEC 31, 2023 Ordinance No. 6451 0 0 J - J W_ W_ /� o W zip= 0 LLYi N LZ..... . Q m m m ro O N Q O N U 0 Z Z K Z W f7 LL Q `600000000 a �o b X W \ T o \ \ m - �000000000T r Q N \ `H N evbS p a / _ d �0000000q sa __--_-- Nmm / _. 0 \ a-_ '------ O 0000000000 O SSSSS C N O 0 �00000 o � �J <U X10 000 3Ntl11213811j /'1/1 7777_ .——— 000 \ J m s o oa o� moo oa a s Q, o z� c -- ----------- - �„ , d 1 DOVId HlOb �� ! --_. 7n_� MId — —_-__ -- o7 — �,. �g e O NN N rr a ¢ o � m o m m _ c)00 i mo a h zi O o �' o N o N ai N 1�7l100 H10b H1 0 II o ,� o oo, U _ -- «� � 1334-,s.,Hl -LhO LU Ot, S � o o W w co, ;b N 2Su uim a.s�oa m ai m i a - q u oyb i - H1 fi "Sry I W I laaW-S�H16£H1O0S <U o 'a �\o w z o 0 / wp aEQ o o, �I o 1S'H16£s- --- - �'-- - - K oU Y oQ �a a U O a 1 ✓ al c ti m Q ry � Q o� 3� �1S H18£H1f1O 2 a JN ora o..o al '= i ae �` 00000' QOPCIO-(�-0D_941O-O-0QO6OE a, s s '__ o 4 K $ a a �e � w q a i o I Exhibit B, Page 1 of 6 City of Springfield SPRINGFIELD Development & Public Works 3 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Application Annexation Application Pre-Submittal: ❑ Annexation Application Submittal: Required Proposal Property Owner: Phone: ' 3 - � T . Address: ' Fax: -_ E-mail: eolek- 8 to VU Owner Signature: � ,;� -� ; Cjdf�(�+ Owner Signature: Agent Name: Phone Company: Fax: Address: E-mail Agent Signature: If the applicant is other than the owner,the owner hereby grants permission for the applicant to act in his or her behalf,except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP NO: 1°C3 07-- 019 ` l`-I TAX LOT NOS 14 - 98' oo Property Address: 953 L, �S o+A Plat ce_ Area of Request: Acres: O •moo Square Feet: Existing Use(s) ��z .r;rA ova�w N of Property: Proposed Use °'mss 7 t-7E-�ryfp,L- -�w L-'�r r4 V, of Property: Required Property Information (City Intake Staff: Complete This Section)By: Case No.: '6)1-zz -oovi.5-j-��,q Date: Z3I2')� initials Application Fee: Postage Fee: 5$ LTV Tata I Feer, Revised 4/8/14 B] Page 8 of 17 Ordinance No. 6451 Exhibit B, Page 2 of 6 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 j 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: J � Suture ole I/11�:, �a Print _l Submittal j I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not 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 CRS 227.178 pertaining to a complete application. Owner: _ Date ign .�; Print Revised 4/8/14 B] Pa e.9 of 17 CYrdlnance No. 6451 Exhibit B, Page 3 of 6 m ro m m !� w w. *� n m ro ro [Derr q .. (D fU n = X 0j `j = ero+ r�-r _ H p 3 N O r-r m7 C N � CL � 0 0 Q° — a w tD N �l 0FD' a I rt O � rD ' m a O a0 D H yOrt p U) � � 2 N q 4 -1 ul LO 06 M 3 006 0Q, � mm o � -h j y a CL � rt rpth rn C X � � r :7 CL 4 C : 7 l4 ro rt ❑ Oxi ry• a rn n rip � rr CL ~+ =r rmr �• O �. rpt ^ H aro , ° � � z � � Q o a 3 M � (D ' 0 rt (n —I car N tU d (n U�7 v 0 H Z^I emtM . =; D ❑ N' n M Q7 Z 7Q m n -SZ X � ;;u o G* CD ° R7 m yCL c _ :SCD � � V) —m fD r�norn o Q 3m ��, � rr C = r Q D! (xy fA rTl CD -r CD a O Co rr F, II1 ro 3 m EA y {0 0 v 2 Pi 4 oro ° _ �' a µ nmEn _ � x N � ro 2 Cr `• 3 15 n nrt 0 c� (D N , •E r n _ , m n 0, q m 9D [d ? x 7 N ° dC 7L4 Cryo iSG ui m M 04 M C7 4 3 -, v �°°c Co C a -� rD CL A rt � a C7 oQa o h \ � � � (n 0 DJ �' � � CL Z; X a gam' n n 3 rn m :3 a+ Z3 N t (D c rn m CL Ordinance No. 6451 Exhibit B, Page 4 of 6 FORM 2 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 Assessed Imp. Signed Signed (Map/lot number) Name of Owner Acres Value Y/ N Yes No IS- v2-t)6-)q-o$ C-LETT";-= -rXpj-rj-K o .7- )6o,31q Y TOTALS: ID,Z 160,3 �, V- TOTAL NUMBER OF OWNERS IN THE PROPOSAL NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED �cri TOTAL ACREAGE IN PROPOSAL a �- r ACREAGE SIGNED FOR PERCENTAGE OF ACREAGE SIGNED FOR / 00 TOTAL VALUE IN THE PROPOSAL f&io, -31q VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR Revised 4/8/14 B7 14 of 17 Ordinance No. 6451 Exhibit B, Page 5 of 6 Does this application include all contiguous property under the same ownership? Yes No If no, state the reasons why all property is not included: • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District ❑ Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD [9/Willakenzie RFPD ❑ EPUD ❑ SUB [T 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. (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (zip) (City) (Zip) Revised 4/8/14 B] Page 16 of 17 Ordinance No. 6451 Exhibit B, Page 6 of 6 FORM 3 SUPPLEMENTAL INFORMATION FORM (complete au the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information`onnaadditional sheets.) Contact Person: C�?J�� ! C er E-mail: f � a 0/" Supply the following information regarding the annexation area. ■ Estimated Population (at present): f • Number of Existing Residential Units: • Other Uses: X13 Me, • Land Area: a _' total acres • Existing Plan Designation(s); 1 1 • Existing Zoning(s): dlowAlire- � �A • Existing Land Uses); • Applicable Comprehensive Plans): 2.p30 • Applicable Refinement Plan(s): • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. • Are there development plans associated with this proposed annexation? Yes No If yes, describe. nee: ton 4-o CAI-" se,"_)2.,r d,.-e ' O �v�► o� Si C S .SL • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes No • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). W i l e- C.o i u r�LA,S L,4,V o r7 c o r) CA.4- r-Ce �-.+ a virw-N.k41 F],n 41 Revised 4/$/14 7 Page 15 of 17 Ordinance No. 6451 Exhibit C Page 1 of 8 SPRINGFIELD TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION vRewa Ago w n f, Street Pinyon Street City Limits WPIW—" lasper Road FF File Name: Colette Trotter Annexation Case Number: 811-22-000157-TYP4 Proposal Location: 932 South 40t1i Place (Map 18-02-06-14, Tax Lot 8400); a—314-foot long segment of Osage Street; the intersection of Osage Street and South 40t1i Place; and a—424-foot long segment of South 40'1i Place Current Zoning& Comprehensive Plan Designation: R-1 /Low Density Residential(LDR) Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan Application Submittal Date: June 23, 2022 Associated Applications: 811-21-000239-PRE (Development Issues Meeting); 811-22-000144-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 Ordinance No. 6451 Exhibit C Page 2 of 8 Review Process(SDC 5.7.115): The subject annexation request is being reviewed under Type 4 procedures,without Planning Commission 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 June 28, 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). 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 September 2,2021 and the meeting was held on September 28,2021. Subsequently,a pre-submittal meeting for the annexation request was held on June 17,2022 (File 811-22-000144-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)(1) 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 a roughly rectangular parcel that is approximately 0.20 acres in size and contains an existing single-detached dwelling. The property is located on the southwest corner of the intersection of Osage Street and South 40ti'Place,which is essentially a 90°turn in the street. The subject site is inside the Springfield Urban Growth Boundary(UGB) and is contiguous to the Springfield city limits across Osage Street to the north. Concurrent with annexation of the subject property, an approximately 314-foot long segment of Osage Street, the intersection of Osage Street and South 40th Place, and an approximately 424-foot long segment of South 40'Place are proposed to be annexed. The purpose for annexing these public rights-of- way is to allow the City to extend public sanitary sewer lines and service laterals within the Osage Street and South 40th Place rights-of-way. This is one of three capital projects the City is undertaking this calendar year for local sewer extensions. At the time of initial application submittal on June 28, 2022, zoning for the property was Low Density Residential (LDR)with an Urbanizable Fringe Overlay(UF-10) applied. After implementation of the new Development Code on July 1,2022 the property is now within the R-I residential district and it retains the OF-10 overlay;the change to this zoning district, as applicable to this application, is in name only. According to the applicant's submittal, the primary purpose of the annexation request is to facilitate connection of the existing house to City sanitary sewer due to a failed septic system on the property. Currently, the nearest public sanitary sewer line is on Osage Street approximately 255 feet west of the northwest corner of 932 South 40' Place. The public street frontages of the property are developed to urban standards with curb,gutter,paving and piped stormwater facilities but currently lack sidewalks. Because the majority of street improvements already exist along the street frontages an Annexation Agreement is not warranted for the request. The applicant will be responsible for addressing sewer assessment and system development charge (SDC) fees associated with connecting to public sanitary sewer when it is available to the property frontage. Ordinance No. 6451 Exhibit C Page 3 of 8 Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District),roads(Lane County and City of Springfield),and Fire(Eugene-Springfield Fire under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric infrastructure along the site frontages. 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 September 12,2022,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 annexation application and is retained as part of the public record for Planning Case 811-22-000157-TYP4. Newspaper Notice. Notice of the October 3, 2022 public hearing was published in the print version of The Chronicle on September 22 and 29,2022. The digital version of the newspaper published the notice on September 20 and 27,2022. The notification meets the requirements of SDC 5.7.130(B)for two consecutive notices in the two- week period before the hearing. Posted Notice. Notice of the October 3, 2022 public hearing was posted in four physical places in the City: near the City limits line on Osage Street west of the subject property;along the public street frontage of 932 South 40'Place; on South 40'Place near the intersection with Jasper Road; and on the Public Notices bulletin board in the lobby of City Hall. The public hearing notice was also digitally posted on the electronic display in the foyer of the Development & Public Works office and on the City of Springfield website. Finding: Upon annexation of the subject territory to the City,the underlying R-1 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 August 12,2022, which is 52 days prior to the initial public hearing on the matter. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in SDC 5.7.140, which are provided as follows with the SDC requirements,findings,and conclusions. The Director's recommendation follows SDC 5.7.140, Criteria. Criteria(SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary(UGB)of the City of Springfield (see additional discussion in Subsection B below). The property requested for annexation is separated from the Springfield city limits by the Osage Street right-of-way to the north. It therefore meets the requirements of SDC 5.7.140(A)(2) for adjacency to the current City limits. Upon concurrent annexation of the Osage Street right-of-way along the northern property boundary and South 40'Place right-of-way along the eastern property boundary, the City limits line will run along the western and southern boundaries of the residential lot. Therefore,with the inclusion of the public rights-of-way this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Ordinance No. 6451 Exhibit C Page 4 of 8 Conclusion: The proposal meets and complies with Criterion(A)(1), SDC 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 R-1 (titled "LDR" at the time the application was filed) which is consistent with the Low Density Residential plan designation. 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 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 territory requested for annexation is currently within the service area of the Willakenzie Rural Fire Protection District. There is no rural water service district in this area of Springfield. The Willakenzie Rural Fire Protection District has a contractual service arrangement with Eugene-Springfield Fire Department for provision of fire response to unincorporated areas of south Springfield. After the public hearing and Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.520 and 222.524 and the City 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 Comprehensive Plan— Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. There is no rural water service district in this area of south Springfield. Therefore, upon annexation,the City by and through the Springfield Utility Board will provide water service to the annexation area. 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 Ordinance No. 6451 Exhibit C Page 5 of 8 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 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 sanitary sewer service will be available to the property along the Osage Street and South 40t1i Place frontages of the site when the City completes the capital project for local sewer extension. The anticipated timing of the sewer extension work is late Fall 2022, assuming receipt of viable bid submittals and contractor availability. Conclusion: The proposal meets and complies with Criterion B, SDC 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 Springl'ield 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 not contiguous with the City limits line but is only separated by the Osage Street public right-of-way. Therefore,it meets the adjacency requirements for the purpose of advancing this annexation request. Urban utilities including water and electricity, have been extended along adjacent public streets and are available to serve the subject property,adjacent properties,and areas beyond the annexation territory. The City is sponsoring a capital project to extend public sanitary sewer service from a point near the current City limits line on Osage Street eastward to the intersection with South 40t1i Place and then southward toward Jasper Road. 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. The following urban utilities, 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. SUB operates a 6-inch water line that runs along the subject property frontages in Osage Street and South 40t1i Place. The water line is available for provision of water service to the property and also provides for fire protection in the form of an existing fire hydrant on the frontage of 932 South 40t1'Place at the intersection of Osage Street and South 40'1' Place. Upon annexation of the parcel and rights-of-way,the property will be eligible to receive SUB Water service. Electricity — SUB provides electric service to the neighborhoods in south Springfield. SUB owns and maintains electrical system infrastructure along the Osage Street alignment and at the rear of properties on between Osage and Pinyon Streets. Existing electrical system infrastructure within the public rights-of-way and easements will continue to be maintained by the affected utility provider. Ordinance No. 6451 Exhibit C Page 6 of 8 Police Services — Springfield Police Department currently provides service to areas of west Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff's Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services — Fire protection is currently provided to the annexation area by Eugene Springfield Fire Department under contract with the Willakenzie Rural Fire Protection-District. Upon annexation,the Eugene Springfield Fire Department will directly 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 within 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 west Springfield. Based on the existing use of the subject property as a single detached dwelling, it is expected that the annexation territory sustains permanent residents and could 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 does not currently have sanitary sewer service. A City capital project will extend local sewer service eastward from its current terminus in Osage Street (about 255 feetr west of the subject property) to the intersection of Osage Street and South 40' Place, and then southward along South 40t1' Place. Only one property (932 South 40'Place)has requested connection at this time. The applicant has arranged for payment of applicable fees to connect the existing house to the public sanitary sewer system after it is installed. Connection to the public sanitary sewer system will require a plumbing permit. Stormwater — The subject annexation territory is served by the public stormwater management system located in Osage Street to the west and southward near the intersection of South 40"Place and Jasper Road. However,the public system along the property frontage is not developed as a piped, underground system similar to properties along Osage Street to the west of the current City limits line. 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 will be done concurrently with construction of other site improvements and utilities. Streets—The northern boundary of the subject annexation area abuts Osage Street,which has been developed with paving,curb,gutter and street trees but lacks sidewalks. West of the current City limits line,Osage Street has been improved with curbside sidewalks and piped stormwater facilities. Osage Street and South 40'Place are classified as local streets and are developed with one vehicle travel lane in each direction. The limited pavement width does not allow for vehicle parking on both sides of the street. However, no parking restrictions have been imposed on South 40'Place or Osage Street. Ordinance No. 6451 Exhibit C Page 7 of 8 Solid Waste Management—The City and Sampac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation,solid waste disposal service would be provided by Sampac. 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, SDC 5.7.140. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The area proposed for annexation is a residential parcel containing an existing single detached dwelling. The applicant has arranged for payment of the applicable sewer assessment fees and system development charges for connection to the City's sanitary sewer system. Because the required sanitary sewer service is contingent upon completion of a City capital project for local sewer extension, the applicant is awaiting completion of the project before obtaining a plumbing permit for connecting the house to City sanitary sewer. Finding: The public street frontages of the property are substantially improved with curb, gutter,paving and street trees and the property is less than 8,500 ft' so further land division of the subject site is not likely. For this reason, an Annexation Agreement is not warranted or required for this annexation request. Conclusion: The proposal meets and complies with Criterion D, SDC 5.7.140. City Council Decision (SDC 5.7.145): City Council approval of the annexation application shall be by Ordinance. Finding: The City Council is sehedtile a -e giave first reading of the Annexation Ordinance and l held a Public Hearing on October 3, 2022 for the subject annexation request. No one provided testimony at the public hearing meeting. BRased on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance a4 a s4sequer4 at the regular meeting on October 17,2022. Zoning(SDC 5.7.150): The area requested for annexation is zoned R-1 residential district(titled"LDR"at the time the application was submitted)and is designated Low Density Residential 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 R-1 zoning. Effective Date and Notice of Approved Annexation (SDC 5.7.155): The subject annexation request; was presented to the City Council for consideration at an initial public hearing on October 3, 2022. Second reading and potential adoption of the annexation Ordinance is scheduled for October 17,2022. Per ORS 222.040,an annexation and removal of property from a special district may not become effective during the period that begins on the 90th day before a primary election or general election and ends on 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, or upon acknowledgement of filing with the Secretary of State—whichever date is later. Ordinance No. 6451 Exhibit C Page 8 of 8 Withdrawal from Special Service Districts (SDC 5.7.160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. hi determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in SDC 5.7.130. Finding: The annexation area is within the delineated service territory of SUB (electric and water)and Willakenzie Rural Fire Protection District(contracted fire response). The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will provide water service after annexation. Consistent with SDC 5.7.160,notice was provided for the public hearing on October 3, 2022. Withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan— Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts within the City's UGB are to be dissolved over time. 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 and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District. Ordinance No. 6451