HomeMy WebLinkAboutItem 09 Repeal and Replace Ordinance 6450AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
11/7/2022
Regular Meeting
Andy Limbird, DPW
541/726-3784
5 Minutes
Maintain and Improve Infrastructure
and Facilities
ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD — ANNEX 0.26 ACRES OF
RESIDENTIAL PROPERTY LOCATED AT 1279 JANUS STREET (MAP 17-03-34-22, TAX LOT
211) AND CONCURRENTLY ANNEX THE INTERSECTION OF ASPEN STREET AND JANUS
STREET, A SEGMENT OF JANUS STREET, AND JANUS COURT (REPLACING ORDINANCE
6450 ADOPTED OCTOBER 17, 2022).
ACTION Conduct a third reading and adopt/not adopt the following Ordinance (which replaces Ordinance
REQUESTED: 6450):
AN ORDINANCE ANNEXING CERTAIN TERRITORY (1279 JANUS STREET, THE
INTERSECTION OF ASPEN STREET AND JANUS STREET, AN APPROXIMATELY 339 -FOOT
LONG SEGMENT OF JANUS STREET, AND JANUS COURT) TO THE CITY OF SPRINGFIELD
AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME
TERRITORY FROM THE RAINBOW WATER DISTRICT; ADOPTING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE (THIRD READING).
ISSUE The City Council is requested to consider an ordinance to annex 0.26 acres of property zoned and
STATEMENT: designated R-1 Residential District that is located at 1279 Janus Street in west Springfield, and
concurrently annex public rights-of-way for the intersection of Aspen Street and Janus Street,
approximately 339 linear feet of Janus Street, and Janus Court. This annexation was approved by
Ordinance 6450, which was adopted on October 17, 2022, but contained the incorrect legal description
and map diagram for the property in Exhibit "A." The proposed Ordinance includes the correct legal
description and map diagram in Exhibit A and would replace and repeal Ordinance 6450.
ATTACHMENTS: Attachment 1: Ordinance with Exhibits
Exhibit A: Legal Description and Map
Exhibit B: Annexation Application
Exhibit C: Improvement Agreement
Exhibit D: Staff Report and Recommendations
DISCUSSION/ The proposed Ordinance is a corrected version of Ordinance 6450 to ensure the correct legal
FINANCIAL description and map diagram is attached as an exhibit to the permanent record of the annexation
IMPACT: action.
The original public hearing and first reading on the proposed Ordinance was held on October 3, 2022.
The Staff Report, staff presentation to Council, public notices, and title of the Ordinance all included
the correct property reference. Therefore, there is no need to hold a new public hearing or provide
new notice of the annexation application. The Council may adopt a new ordinance as a third reading
of the proposed ordinance with corrected Exhibit A but no change in the title or subject matter of the
Ordinance.
The City Attorney's Office has advised that the incorrect legal description and map in Exhibit A was a
significant enough error in the original ordinance that it should be corrected by the Council, rather than
administratively updated as a correction to a scrivener's error.
The adoption of a new annexation ordinance and repeal of Ordinance 6450 will not hinder or delay the
sewer extension project and boundary adjustment process that has been initiated for this annexation.
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN TERRITORY (1279 JANUS STREET AND PUBLIC
RIGHTS-OF-WAY FOR THE INTERSECTION OF ASPEN STREET AND JANUS STREET, AN
APPROXIMATELY 339 -FOOT LONG SEGMENT OF JANUS STREET, AND JANUS COURT) TO
THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT;
WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER 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 28, 2022, said territory being
Assessor's Map Township 17 South, Range 03 West, Section 34, Map 22, Tax Lot 211, which is
addressed as 1279 Janus Street and is generally depicted and more particularly described in Exhibit A to
this Ordinance;
WHEREAS, the concurrent annexation of the intersection of Aspen Street and Janus Street, an
approximately 339 -foot long segment of Janus Street, and Janus Court 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 owners of 1279 Janus
Street 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 Improvement Agreement and Application for Sewer Hookup
(Exhibit C) that addresses the timing and responsibility for provision of sanitary sewer service 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;
Attachment 1 Page 1 of 22
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)), and to withdraw the
subject territory from the Rainbow Water District as the City of Springfield by and through the Springfield
Utility Board (SUB) will provide water and 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 on the
annexation application consistent with the notice requirements in SDC 5.7.130;
WHEREAS, on October 17. 2022, the Springfield Common Council adopted Ordinance 6450 approving the
annexation 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 the public hearing held in the matter of adopting this
Ordinance; and
WHEREAS, as adopted, Ordinance 6450 includes an error in the Exhibit A attached thereto, which
provides an incorrect legal description not otherwise apparent on the face of the Ordinance, which has
been corrected in the Exhibit A attached hereto,
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 Rainbow Water 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 effected 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 30 days from
the date of its passage by the 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.
Section 6. Repeal of Prior Ordinance. This Ordinance repeals and replaces Ordinance 6450
adopted on October 17, 2022.
Attachment 1 Page 2 of 22
ADOPTED by the Common Council of the City of Springfield, this day of , 2022,
by a vote of for and against.
APPROVED by the Mayor of the City of Springfield this day of
ATTEST:
City Recorder
Mayor
Attachment 1 Page 3 of 22
2022.
Exhibit A Page 1 of 3
Annexation Description
For
City of Springfield
Map 17-03-34-22, Tax Lot 00211 / Janus St. / Janus Ct. / Aspen St.
Lot 2, Block 2 of Garden Grove, as platted and recorded in Book 32, Page 21, Lane County Oregon Plat
Records, Lane County, Oregon.
AND: those portions of Janus Street, Janus Court, and Aspen Street being more particularly described as
follows:
Beginning at the southeast corner of Lot 6, Block 1 of Garden Grove, as platted and recorded in Book 32,
Page 21, Lane County Oregon Plat Records, Lane County Oregon, said Point of Beginning also being on
the northerly margin of Janus Street; thence North 89°11' West, along said northerly margin of Janus
Street, 86.64 feet; thence along the arc of a 20.00 foot radius curve to the right, the chord bearing of
which bears North 44°11' West, 28.28 feet, to a point of tangency on the easterly margin of Janus Court;
thence continuing along said easterly margin, North 00`49' East 53.10 feet, to a point of curvature;
thence continuing along said easterly margin along the arc of a 20 foot radius curve to the right, the
chord bearing of which bears North 23°54'37.5" East 15.68 feet, to a point of reverse curvature; thence
continuing along the easterly, northerly, and westerly margin of Janus Court along the arc of a 45.00
foot radius curve to the left, the delta angle of which is 263°03'05", an arc distance of 206.60 feet, more
or less, to a point of reverse curvature; thence continuing along the westerly margin of said Janus Court
along the arc of a 20.00 foot radius curve to the right, the chord bearing of which bears South
22°16'37.5" East, 15.68 feet, to a point of tangency; thence continuing along said westerly margin,
South 00°49' West, 53.10 feet, to a point of curvature; thence continuing along said westerly margin
along the arc of a 20.00 foot radius curve to the right, the chord bearing of which bears South 45°49'
West, 28.28 feet, to a point on the northerly margin of Janus Street; thence North 89°11' West, along
said northerly margin of Janus Street, 145.28 feet, to a point of curvature; thence continuing along said
northerly margin of Janus Street along the arc of a 20.00 foot radius curve to the right, the chord bearing
of which bears North 44°35'30" West, 28.08 feet, to a point on the westerly margin of Aspen Street;
thence leaving said easterly margin of Aspen Street in a northwesterly direction, 61.4 feet, more or less,
to the most easterly southeast corner of Lot 42 of Oak Tree Subdivision, as platted and recorded in File
73, Slides 781 and 782, Lane County Oregon Plat Records, Lane County, Oregon, said point also being on
the westerly margin of Aspen Street; thence along the westerly margin of Aspen Street along the arc of a
non -tangent 644.07 foot radius curve to the right, the chord bearing of which bears South 00°22' East
8.24 feet; thence continuing along said westerly margin, South 86.19 feet, more or less, to a point
measuring North 311.99 feet from the Initial Point of said Oak Tree Subdivision; thence leaving said
westerly margin of Aspen Street in a southeasterly direction, 62.7 feet, more or less, to the most
westerly northwest corner of Lot 1, Block 2 of said Garden Grove, said point being on the easterly
margin of said Aspen Street; thence along the arc of a non -tangent 20.00 foot radius curve to the right,
the chord bearing of which bears North 45°24'30" East, 28.49 feet, to a point on the southerly margin of
said Janus Street; thence South 89°11' East, along said southerly margin of Janus Street, 321.28 feet to
the northeast corner of Lot 4, Block 2 of said Garden Grove; thence leaving said southerly margin of
Janus Street, North 00°04' West, 60.00 feet, to the Point of Beginning all in Lane County, Oregon.
Attachment 1 Page 4 of 22
Exhibit A Page 2 of 3
Bearings and distances are based on the plat of Garden Grove, as platted and recorded in Book 32, Page
21, Lane County Oregon Plat Records, Lane County, Oregon.
REGISTERED
PROFESSIONAL
AND-�3URUEYOR
CIREGON
JUNE 13, 2008
MIKEAL J. BLOMME'
74387
EXPIRES DEC 31, 2023
Attachment 1 Page 5 of 22
FOR AXATIONONLY N.W.1/4 N.W.1/4 SEC. 34 T.17S. R.M. W.M.
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°1 4.2 100' OKSAf\ N 69.3,• ry 0.25 AC
989°05'E 3000 YYY1 �J/� �`.
STREET
9.6' WEST 209.55'
1,6.7• 909 ? 0.16AC - 100.15' V 1 BEET YY11��-- p. a'
$2°40'26"Ea °' e 5 2300 66.43' 2$ 1 20.0 73.4' - - _ _ _ _ _ ` 1
-
914 LC=15.04' z 3 fO - -
0.23AC 3 m m $ 00 0 27 AC zrl220001 29 2000 73.4' 44W73.4' 4' 6.25 CH 412.5' - - - - - - - - - - - - - - - - - - - - - -
T 1900 73.52
I' 1 N89°06E 2900 N85°44'5, "w 1 _ 1800 1700 SEE MAP
77.04, z 91'0 0.16 AC Q 700.j5' o� _ 30 - 0.31 C - - 0.17 AC o 600 F 17033421
913 J 2400 ,
m 0.19 AC 6 J 0.15 AC 1 z 32 33 34 \ °8
Ql 0.2 AC � g 26 _ 368_32_ _1
O N85°44'51' 73.4'
6 r y p 100' �W 73.4'
2000 N86'47'43"W _ /L/L/L/L/L/L 73.4'
100. /=jL/L� 73.4' 30, 30
00 0.16AC 250007 21-08 3. 'WE'ST
73 7 ��� 73.52'
117.04' 41
7 0.14 AC ? - 27 13.12' 7 INITIAL
911 z SOUTH POINT O
25
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0.2 AC - 10 100' N87°51'17"W EAST7 41 O
2700 100.02'
117.04' 0.16 AC - 2600 89.88' O
so' 100'8 0.15 AC O
N 9° 5' 9 5 24 SEE MAP"
SEE MAP 968'54'52°L 17033423 O
60' 100• ./�,}} +1.�, O
O 100' S88°54'52"W �C 0 0 0 0 0 0 0 0 0 l_1"&a� CEJ 1 "" (p� � 8f�� O O
17033314 O O P
0
Exhibit A Pa e 3 of 3
17033422
SPRINGFIELD
LCATSKP - 2019-11-25 07:48
CANCELLED
200
300
400
800
801
900
901
902
903
916
917
1000
1300
1400
1500
2100
3201
4200
7400
843
7500
1) N89.11'W 86.69'
2) N44.11'W 28.28'
R=20.00'
3) NOO.49-E 53.10-
4) N23°54'37.5"E 15.68'
5) DELTA ANGLE = 263-
03'05" R=45.00'
L=206.60'
6) S22°16'37.5"E 15.68'
R=20.00'
7) S00°49 -W 53.10'
8) S45 -49-W 28.28'
R=20.00'
9) N89.11'W 145.28'
10) N44°35'30"W 28.08-
R=20.00'
11) NORTHWEST 61.4'
12) S00 -22'E 8.24'
R=644.07'
13) SOUTH 86.19'
14) SOUTHEAST 62.7'
15) N45°24'30"E 28.49'
R=20.00'
16) S89-1 VE 321.28-
17) N00 -04'W 60.00'
REVISIONS
03/31/2011 - LCAT167 - CONVERT MAP TO GIS
10/05/2018 - LCAT148 - NTL 844 OUT OF TL 843
11/25/2019 - LCAT148 - CANC TL 7500 OUT TO ROAD
SPRINGFIELD
17033422
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Annexation Application Type IV
Exhibit B, Page 1 of 6
SPAINGFIELD
a.. .-(Applicant.- Check one)
Annexation Application Pre -Submittal: ❑
Annexation Application Submittal: 0
Required Proposal . . (Applicant.- Complete Section)
PropertyOwner: Lo v 15£ -bt & ❑ Phone: '541-732--3M
Address:
12--7? TA,,1 us z- -, SP&IrQ F•,
Fax:
97-7
E-mail:
loviRAMY6 sio .
owner Signature:
9
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:
1'7 - a3 - '3 4-zz
TAX LOT NOS
2-11
Property Address:'1
Area of Request:
Acres: a ,2j,
Square Feet:
Existing Use(s) 'k—#--50r1,XriAL-
-bL-Ye7�!
of Property:
Proposed Use
of Property:
Required Property Information (City Intake Staff.- Complete
Case No.: Date: �12-oReviewed
This Section)
-
By: F719
initials
Application Fee:
Postage Fee:
J
Total Fee:
444�- $ I
Revised 4/8/14 B] Page 8 of 17
Attachment 1 Page 7 of 22
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
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:
Signature
Print
Submittal
Date:
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 ORS 227.178 pertaining to a
complete application.
Owner:/a
Date:
9
Print
Revised 4/8/14 B] Page 9 of 17
Attachment 1 Page 8 of 22
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Exhibit B, Page 4 of 6
0AuW)
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
(Mapflot number)
Name of Owner
Acres
Assessed
Value
Imp.
YN
Signed
Yes
Signed
No
D U
ACREAGE SIGNED FOR
D . ZL
PERCENTAGE OF ACREAGE SIGNED FOR
t 0 ® !o
TOTAL VALUE IN THE PROPOSAL
-t3417f2
VALUE CONSENTED FOR
PERCENTAGE OF VALUE CONSENTED FOR
TOTALS:
TOTAL NUMBER OF OWNERS IN THE PROPOSAL
2 -
NUMBER OF OWNERS WHO SIGNED
PERCENTAGE OF OWNERS WHO SIGNED
o❑o
TOTAL ACREAGE IN PROPOSAL
D U
ACREAGE SIGNED FOR
D . ZL
PERCENTAGE OF ACREAGE SIGNED FOR
t 0 ® !o
TOTAL VALUE IN THE PROPOSAL
-t3417f2
VALUE CONSENTED FOR
PERCENTAGE OF VALUE CONSENTED FOR
Revised 4/8/14 B]
Attachment 1 Page 10 of 22
14 of 17
Exhibit B, Page 5 of 6
I76]:idW
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
reformation on additional sheets.)
Contact Person; Lo c.�t.�e _ YYI�rd S! (3
E-mail: 10 ILt1f5e_& -M k rQ"_t' i c,, 0 r)�. d1'�Gi? 1 �� c
Supply the following information regarding the annexation area.
• Estimated Population (at present): -7
• Number of Existing Residential Units: i
■ Other Uses:
■ Land Area: a ."
total acres
I in
• Existing Plan Designation(s): L.Q W LXA Si '-r 'tux I
• Existing Zoning(s): _
■ Existing Land Use(s): Lr;tt
• Applicable Comprehensive Plans): �' e�Y0 �1 r, r'; n edComp-Flom
• Applicable Refinement Plan(s).
Provide evidence that the
annexation is consistent with the applicable
comprehensive plan(s) and ``any associated refinement plans. _
I\n n le �tCi{-�4 0 V% r G U i illo+r 1 r� 'V i
1 i
■ Are there development plans associated with this proposed annexation?
Yes V No
If yes, describe.
Len n�x�'
• Is the proposed use oCclevelopment allowed on the property under the current
plan designation and zoning?
Yes I/ No
Please describe where the proposed annexation is contiguous to the city limits
(non-contiguous annexations cannot be approved under 57-140, Criteria).
AYY, �kn,
�t cl� nt—1LirLLA ��Y�u� � t � i1.— 0wit �_. �1
id sed 4/8/14 B] Page 15 of 17
Attachment 1 Page 11 of 22
Exhibit B, Page 6 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
a rea :
❑ Glenwood Water District 2Rainbow Water and Fire District
❑ Eugene School District ❑ Pleasant Hill School District
w. Springfield School District ❑ McKenzie Fire & Rescue
❑ Pleasant Hill RFPD ❑ Willakenzie RFPD
❑ EPUD ❑ SUB
Mr/willamalane Parks and Rec District ❑ Other
Names of persons to whom staff notes and notices should be sent, in addition to
applicant(s), such as an agent or legal representative.
(Name)
(Address)
(City) (zip)
(Name)
(Address)
(City) (Zip)
Revised 4/8/14 BI
(Name)
(Address)
(City) (Zip)
(Name)
(Address)
(City) (Zip)
Attachment 1 Page 12 of 22
Page 16 of 17
Exhibit C, Page 1 of 2
CITY OF SPRINGFIELD
IMPROVEMENT AGREEMENT AND APPLICATION FOR SEWER HOOKUP
Tax Map & Lot Numbers 17-03-34-22-00211
(on the date of execution)
We, the undersigned property owners, Louise D'Ambrosio, Trustee of the Louise
D'Ambrosio Family Revocable Living Trust and Felisia Sosa-Granados hereinafter
referred to as Applicant(s), request permission to connect the following described
property to the sanitary sewer owned and maintained by the City of Springfield,
hereinafter referred as the City. We therefore agree to pay a charge of $0.74 per square
foot of the benefiting property for the first 150 feet of depth as a deposit against future
assessments for sanitary sewer. Area in excess of the above mentioned 150 feet of depth
is charged $R.37 per square foot. Additionally, the City charges a non-refundable 5%
technology fee, hereinafter TECH FEE.
Address: 1279 Janus Street, Springfield, OR 97477 Receipt No.�Z��.3
PROPERTY DESCRIPTION:
LOT 2, BLOCK 2, GARDEN GROVE, AS PLATTED AND RECORDED IN BOOK 32, PAGE 21,
LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON.
FEE CALCULATION: 11,297 Sq. Ft. at $0.74 per Sq. Ft. = $ 8,359.78
Sq. Ft. at $0.37 per Sq. Ft. = $ 0.00
Subtotal = $ 8,359.78
TECH FEE = Subtotal x 0.05% = $
417.99
TOTAL = $ 8,777.77
This agreement does not include the cost of a house connection to said City Sewer, sewer
user charges, connection fees, plumbing permits or other such costs to be assumed by
the property owner.
IT IS UNDERSTOOD that the Applicant understands that this agreement is enforceable
by the State of Oregon, Lane County or the City. It is further understood that the applicant
agrees to sign any and all waivers, petitions, consents and all other documents necessary
to obtain the above said sanitary sewer improvement under any improvement act or
proceeding of the State of Oregon, Lane County or the City as may be proposed or
adopted. The applicant agrees to waive all right to remonstrate against an improvement
project for sanitary sewer to be duly initiated by the City Council, but not the right to protest
the amount or manner of spreading the assessment thereof, if the same shall appear to
Applicant to bear inequitably or unfairly upon said property of Applicant. Applicant's
acceptance of the non -remonstrance condition is in consideration for the City's waiver of
the requirement for the immediate construction of the public improvements that the
development necessitates. The improvement agreement waives the property owner's
right to file written remonstrance. It does not waive a property owner's right to speak on
the proposed district or any related matters orally or in writing.
NOW THEREFORE, the City agrees that if Applicant complies with the terms of this
agreement, Chapter 3, Sections 3.350-3.356 of the Springfield Municipal Code and
Ordinance 5584 along with all other applicable laws of the State of Oregon, Lane County,
and the City, the said Applicant shall be entitled to connect the existing residence to the
public sewer systems.
RETURN TO:
ATTN: SURVEYING, Sri
CITY OF SPRINGFIELD
DEVELOPMENT & PUBLIC WORKS DEPT.
225 FIFTH ST
SPRINGFIELD, OREGON 97477
Lane County Clerk 2022.016944
Lane County Deeds and Records
11111111111 111111111111111111111 $97.00
02017002202200169440020022 04/14/2022 11:49:51 AM
RPR-AGRE Cnt=2 Pgs=2 Stn=1 CASHIER 05
$5.00 $10.00 $10.00 $11.00 $61.00
Produced using fttRKNe+oltrl UR WeDri SWV22022 at 11:37 AM REVISED: March 2022
C'.\Users4dri IRAppDete\Loc�l\Mi .-ft\Wintlows\INetC.,WCont t. Wfil kMPABMGL\Sewer H...p Application-D'Amb,o Eocx
Exhibit C, Page 2 of 2
The covenants herein contained shall run with the land herein described, and shall be
binding upon the heirs, executors, assigns, administrators, and successors of the parties
hereto, and shall be construed to be a benefit and a burden upon the property herein
described. This agreement shall be recorded in the Lane County Deed Records.
WHEREFORE, t e parties have hereunto set their hand this
day of All 20&Q,
Signature:
Louise D'Ambrosio Trustee of the Louise D'Ambrosio Family Revocable Living Trust
Print name (Title & Company)
State of Oregon
County of L CL N E ss
This instrument was acknowledged before me on MrCh, 30"— 20 -1�
by Louise D'Ambrosio, Trustee of the Louise D'Ambrosio Family Revocable Living Trust.
o OFFICIAL STAMP
KELLY R NOTARY
"` NOTARY PUBLIC OREGON to Publi r re o
COMMISSION NO. 984347
MY COMMISSION EXPIRES MARCH 18, 2023
Signature:JFelisia Sosa-Granados
Print name
State of Oregon I ss
County of LMb
This instrument was acknowledged before me on WyCh 31 s+
by Felisia Sosa-Granados
'—
1^
J
OFFICIAL STAMP
KELLY R NOTARY
'
NOTARY PUBLIC OREGON
COMMISSION NO. 984347
MY COMMISSION EXPIRES MARCH 18, 2023
CITY OF SPRINGFIELD
,20 as
4ot P %uri f "rr e o
Accepted by Engineering/Su eying:
Signature%
viePrint Wne Positio
State of Oregon
COUNTY of LANE } ss
This instrument was acknowledged before me on CLDhi I s+-
FES
"..
OFFICIAL STAMP
KELLY R NOTARY
NOTARY PUBLIC OREGON
COMMISSION NO. 984347
ns
MY COMMISSION EXPIRES MARCH 18, 2023
FINANCE DEPARTMENT INFORMATION:
Trunk Sewer
Lateral Sewer
of the CITY OF SPRINGFIELD .
& � 4N t a yry P " I oic o�'- 000 r *E�ga 0 n 0 —
�x,syd,uo�PPoe� �aM ,o�fl,W, Produ�cedo Sk\nPABMGL\SewerHook n IrkiS )14IWf?22022 at 11:37 AM REVISED: March 2022
TYPE IV - ANNEXATION
STAFF REPORT AND RECOMMENDATION
ExhiVAFRerI,cafs
a
AREG0N
File Name: Louise D'Ambrosio Annexation
Case Number: 811-22-000152-TYP4
Proposal Location: 1279 Janus Street (Map 17-03-34-22, Tax Lot 211); the intersection of Aspen Street and
Janus Street; Janus Court; and a —339 -foot long segment of Janus Street
Current Zoning & Comprehensive Plan Designation: R-1 / Low Density Residential (LDR)
Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan
Application Submittal Date: June 28, 2022
Associated Applications: 811 -22 -000049 -PRE (Development Issues Meeting); 811 -22 -000077 -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 1 Page 15 of 22
Exhibit D 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 owners submitted an application for a Development Issues Meeting on February 22, 2022
and the meeting was held on March 17, 2022. Subsequently, a pre -submittal meeting for the annexation request was
held on March 29, 2022 (File 811 -22 -000077 -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 owners who own all of the land and real property, and full assessed value of real
property in the contiguous territory, have 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 rectangular parcel that is approximately 0.26 acres in
size and contains an existing single -detached dwelling and detached accessory structures. The property is located
on the south side of Janus Street just east of the intersection with Aspen Street. The subject site is inside the
Springfield Urban Growth Boundary (UGB) and is not contiguous to the Springfield city limits. Concurrent
with annexation of the subject property, the intersection of Aspen Street and Janus Street, an approximately
339 -foot long segment of Janus Street, and Janus Court are proposed to be annexed. The purpose for annexing
these public rights-of-way is twofold: it provides necessary contiguity with the subject property along the
northern boundary (the southern edge of the Janus Street right-of-way) in accordance with SDC 5.7.140(A)(1);
and it allows the City to extend public sanitary sewer lines and service laterals within the Aspen Street, Janus
Street, and Janus Court 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-1 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 in the intersection of
Aspen Street and Janus Street approximately 125 west of the northwest corner of 1279 Janus Street. The public
street frontage of the property is not developed to urban standards and lacks curb, gutter, sidewalk, street trees, and
piped stormwater facilities. For this reason, an Improvement Agreement and Application for Sewer Hookup that
outlines the applicant's responsibilities and financial obligations for provision of public sewer service to the property
has been prepared and signed by the property owners to facilitate this request (Attachment 2, Exhibit Q.
Attachment 1 Page 16 of 22
Exhibit D 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 Rainbow Water 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 13, 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 811-22-000152-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: at the
intersection of Aspen Street and Janus Street; along the public street frontage of 1279 Janus Street; near the City limits
line on Janus Street east of Janus Court; 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 does
not currently abut the Springfield city limits. However, upon concurrent annexation of the Janus Street right-of-way
along the northern property boundary the parcel will be contiguous with the City limits line. 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).
Conclusion: The proposal meets and complies with Criterion (A)(1), SDC 5.7.140.
Attachment 1 Page 17 of 22
Exhibit D Page 4 of 8
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 Rainbow Water District.
The rural water district has a contractual service arrangement with Eugene -Springfield Fire Department for
provision of fire response to certain unincorporated areas of north and west Springfield. After the public hearing
and Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow
Water 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. Rainbow Water District serves
unincorporated properties in this area of west Springfield. Therefore, upon annexation and withdrawal of the territory
from the Rainbow Water District, the City by and through the Springfield Utility Board will provide water service
to the annexation area. Water service billing will be transferred from Rainbow Water District to SUB in the calendar
year following final acknowledgement of the 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.
Attachment 1 Page 18 of 22
Exhibit D Page 5 of 8
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 Janus Street frontage 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 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 not contiguous with the City limits line but will be made
contiguous with concurrent annexation of fronting public rights-of-way. 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 the intersection of Aspen Street and Janus Street eastward to a point just west of the
current City limits line near Janus Court. Sanitary sewer service is also being extended northward to property
frontages on Janus Court with this capital project. 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 west
Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits.
Rainbow Water District operates a 6 -inch water line that runs along the subject property frontage in Janus Street.
From the 6 -inch line, a 2 -inch water service line runs northward to serve properties on Janus Court. 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 near the intersection of Aspen Street and Janus Street, just west of the subject site. 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 west Springfield. SUB owns and maintains
electrical system infrastructure along the Aspen Street alignment and at the rear of properties on Janus Street. Existing
electrical system infrastructure within the public rights-of-way and easements will continue to be maintained by the
affected utility provider.
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
Attachment 1 Page 19 of 22
Exhibit D Page 6 of 8
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 Rainbow Water 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, itis 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 the intersection of Aspen Street and Janus Street along the Janus
Street frontage. Sewer laterals will be installed to serve properties with frontage on Janus Street, although only one
property (1279 Janus Street) has requested connection at this time. Sewer service also will be extended northward
into Janus Court. The applicant has arranged for payment of applicable fees and obtained necessary permits 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
Janus Street. However, the public system along the property frontage is an open ditch and is not developed as a piped,
underground system similar to properties along Janus Street to the east 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 Janus Street, which has been partially
developed with paving and roadside ditch stormwater facilities on the southern side of the street. East of Janus
Court and the current City limits line, Janus Street has been improved with curb, gutter, sidewalk, full pavement
width, piped stormwater facilities, and street trees. Janus Street is classified as a local street and is developed with
one vehicle travel lane in each direction. The pavement width allows for vehicle parking on both sides of the street
east of the City limits line, but the pavement tapers down along the subject property frontage such that there is no
opportunity for on -street parking. Instead, vehicle parking is done within the variable -width unpaved shoulder and
drainage ditch along the subject property frontage.
Attachment 1 Page 20 of 22
Exhibit D Page 7 of 8
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, 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
and accessory structures. 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. To facilitate
connection of the house to City sanitary sewer, when available, the applicant has executed and recorded an
Improvement Agreement and Application for Sewer Hookup (Document 2022-016944, Lane County Deeds &
Records; Attachment 2, Exhibit Q.
Finding: The applicant has submitted an application for annexation to the City (Attachment 2, Exhibit B), and has
executed an Improvement Agreement and Application for Sewer Hookup (Attachment 2, Exhibit Q. Further, the
applicant has made necessary arrangements for payment of the applicable sewer assessment fees and System
Development Charges (SDCs) and will obtain necessary permits for connecting the house to the public sanitary
sewer system when it is available.
Finding: The Improvement Agreement and Application for Sewer Hookup has been recorded at Lane County Deeds
& Records, so the obligations detailed therein run with the property title.
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 gave first reading of the Annexation Ordinance and held a Public Hearing on October
3, 2022 for the subject annexation request. No testimony was provided at the public hearing meeting. Based on the
staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council adopted
Annexation Ordinance 6450at the regular meeting on October 17, 2022. The City Council may now take action to
adopt a new annexation Ordinance with correct Exhibit "A" to repeal and replace Ordinance 6450.
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.
Attachment 1 Page 21 of 22
Exhibit D Page 8 of 8
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 adoption of the
annexation Ordinance occurred on October 17, 2022. Staff is recommending giving third reading to a revised annexation
Ordinance to replace and repeal Ordinance 6450 that has an incorrect Exhibit A.
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. In 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 Rainbow Water District
(water and 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 Rainbow Water District concurrently with annexation of the territory to the City of
Springfield is in the best interest of the City. The withdrawal from the Rainbow Water 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 Rainbow Water District.
Attachment 1 Page 22 of 22