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HomeMy WebLinkAboutMeeting Packet Planner 9/14/2023AGENDA DEVELOPMENT REVIEW COMMITTEE DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET Conference Room 616/ MS Teams Staff Review., Tuesday, October 3, 2023 9;30-10;00 a.m. 1. Annexation 811-23-000212-TYP4 811-23-000055-PROJ Theresa Schoonover Assessor's Map: 18-02-06-24 TL: 3800 Address: 1010 Kintzley Ave. Existing Use: residential Applicant submitted plans to annex .86 acre parcel Planner: Andy Limbird Meeting: Tuesday, October 3, 2023 9:30 — 10:00 virtual meeting via Microsoft Teams The Complete DRC Packet for this meeting is available online for you to review or print out from the laserfiche website: htti)://www.si)ringfield-or.gov/weblink8/browse.asi)x al I C VICINITY MAP 811-23-000212-TYP4 Annexation 18-02-06-24 TL 3800 1010 Kintzley Ave. Theresa Schoonover City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre -Submittal: 70 Annexation A lication Submittal: 110 Required ProposalComplete Property Owner: Theresa Schoonover Phone: 1(541)746-4355 Address: 1010 Kintzley Avenue, Springfield, OR 97477 Fax: E-mail: Owner Signature: Owner Signature: Agent Name: Andrew Strout Phone 1 (541)-746-0637 Company: Branch Engineering Inc Fax: Address: h 310 5tStreet, OR 97477 E-mail andrews@branch I en ineerin .com Agent Signature: If the applicant is other than the owner, the ov&Wr 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: 18-02-06-24 1 TAX LOT NOS 03800 Property Address: 1010 Kintzley Avenue, Springfield, OR 97477 Area of Request: Acres: 0.86 Square Feet: Existing Use(s) Residential of Property: Proposed Use Residential of Property: PropertyRequired Case No.:O Date: Z ?�--N `� I� X23 Reviewed By: initials Application Fee: Postage Fee: Total Fee: Revised 4/8/14 133 Page 8 of 17 ce U. . (X \ \�\ � - ;7K \ \ �\� � j\\ \ 1 �)m \ \\ xQ 2 _ » .j, { �;«a 0- \ K 2 & 6 i/. / °L §!:@ / ] §|\i { 21 (X \ \�\ � - ;7K \ \ �\� � j\\ \ 1 �)m \ \\ xQ 2 _ » .j, { �;«a 0- \ K 2 / °L §!:@ / ] §|\i 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 (Map/lot number) Name of Owner Acres Assessed Value Imp. Y / N Signed Yes Signed No 18-02-06-24-03800 Theresa Schoonover 0.86 $240.943 Y X $240,943 Right-of-way $240,943 0.22 0 Y X TOTALS: 1 1.08 IS240943 TOTAL NUMBER OF OWNERS IN THE PROPOSAL NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL1. 08 ACREAGE SIGNED FOR 0.86 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $240,943 VALUE CONSENTED FOR $240,943 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 418/14 BJ 14 of 17 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: E-mail: andrews@bmnchengineering.com Andrew Strout Supply the following information regarding the annexation area. • Estimated Population (at present): I • Number of Existing Residential Units: I • Other Uses: N/A • Land Area: 1.08 total acres • Existing Plan Designation(s): LDR • Existing Zoning(s): RI • Existing Land Use(s): Residential h public right-of-way • Applicable Comprehensive Plan(s): Metro Plan • Applicable Refinement Plan(s): N/A • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. The annexation is consistent with the current Springfield Metro Plan • Are there development plans associated with this proposed annexation? Yes No X If yes, describe. • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes X No • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). The neighboring properties to the west and the north are within city limits. Revised 4/8/14 BI Page 15 of 17 Does this application include all contiguous property under the same ownership? Yes X 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 0 Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD N Willakenzie RFPD ❑ EPUD Iffi SUB N 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. David Schoonover Andrew Strout (Name) (Name) 1010 Kintzley Avenue } 10 5th Street (Address) (Address) Springfield 97477 Springfield 97477 (City) (zip) (City) (zip) (Name) (Address) (Gty) (zip) (Name) (Address) (City') (zip) Revised 4/8/14 BJ Page 16 of 17 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 18-02-06-24-03800 Map and Tax Lot Number assigned) 1010 Kintzley Ave, Springfield, OR, 97478 Street Address of Property (if address has been ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective M indefinitely or [ ] until Date Sionatures of Leaal Owners Please print or type name Si naturepp Date Signed z ooN4IJ A 7 v"A3 �necizaoe eourvmaxeemaxsrnorvwvvuuno��rovnssrwensncYv�.v.m.aa vvv..co rvrvnsvzssuanmuarvnrxanaxavvuunox �a.a>.mwc Revised 4/8/14 BJ Page 17 of 17 September 6, 2023 PROJECT NARRATIVE CITY OF SPRINGFIELD ANNEXATION Branch Engineering Inc. Project No. 23-108 (-",ranch rNIGINEERING_ SYnntml This annexation proposes to incorporate a portion of Lot 1 of Block 19 of the Douglas Gardens Subdivision (TM 18-02-06-24; TL 3800) and a portion of the Kintzley Avenue right-of-way. Exact locations of all these portions of land can be found on the map submitted as part of this application. The following describes how this annexation complies with SDC 5.7-125(b)(13) and (14): 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. The property is contiguous with city limits along its westerly and northerly edge. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; The property is currently zoned as R1 in the City of Springfield's zoning map which is consistent with the Eugene/Springfield Metro Plan. 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 All utilities, including water, electric and sanitary, are located within the annexation area or are directly adjacent to the annexation area within dedicated public right-of- way. ight-o%way. See the Public/Private Utility Plan submitted with this application for additional details. D. where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. An Annexation Agreement or other City approved mechanism will be signed prior to annexation. EUGENE -SPRINGFIELD 310 5�^ Street, Springfield, OR 97477 1 p: 541.746.0637 1 w .branchengineermgxom September,, 2023(Pianeh ENGINEERING= LEGAL DESCRIPTION sn�zivn ANNEXATION APPLICATION TM 18-02-06-24, TL 3800 Branch Engineering Inc. Project No. 23-108 Situated in the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 18 South, Range 2 West, Willamette Meridian, and described as follows: Being a portion of Lot 1, Block 19 of Douglas Garden recorded in Book 4, Page 73 in the Lane County Oregon Plat Records, together with a portion of the Kintzley Avenue right- of-way being more particularly described as follows: BEGINNING at the northeast corner of Lot 1 of Mountainvale recorded in the Lane County Oregon Plat Records said point also being on the southerly margin of the jasper Road right-of-way; THENCE along said southerly margin South 80022'00" East 217.82 feet, more or less, to a point on the easterly margin of the Kintzley Avenue right-of-way; THENCE along said easterly margin South 00106'06" West 212.93 feet more or less; THENCE leaving said easterly margin at right angles North 89°53'54" West 45.00 feet, more or less, to a point on the westerly margin of the Kintzley Avenue right-of-way, said point also being on an easterly extension of the northeasterly boundary of Lot 5 of the aforesaid Mountainvale; THENCE along said northeasterly boundary and its easterly extension North 80022'00" West 172.19 feet, more or less, to the northerly corner of said Lot 5, said corner also being on the easterly boundary of said Mountainvale; THENCE along said easterly boundary North 00006'06" East 220.49 feet, more or less, RETURNING to the POINT of BEGINNING. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON NOVEMBER 30, 2007 RENEE CLOUGH 69162LS RENEWAL DATE: 12/30/23 EUGENE -SPRINGFIELD PHILOMATH 310 S'h Street, Springfield, OR 97477 1 p: 541.746.0637 1 H . brancheng i neer ng.com September 6, 2023 PUBLIC/PRIVATE UTILITY PLAN CITY OF SPRINGFIELD ANNEXATION Branch Engineering Inc. Project No. 23-108 ranch E'N'GINEERING= sm"19r This annexation proposes to incorporate a portion of Lot 1 of Block 19 of the Douglas Gardens Subdivision (TM 18-02-06-24; TL 3800) and a portion of the Kintzley Avenue right-of-way, exact locations of all these portions of land can be found on the map submitted as part of this application. Wastewater Services/Sanitary Sewers The annexation area is fronted to the east by a 8.0" sanitary sewer main line running north within the right-of-way of Kintzley Ave that connects into a 27.00" Trunk Line at the intersection of Kintzley Ave & Jasper Rd. All the developable area within the annexation area has direct access to this sanitary sewer. Stormwater Services Stormwater facilities front the annexation area both to the east and north in Kintzley Ave and Jasper Rd rights-of-way, respectively. All the developable area within the annexation area has direct access to this stormwater service. Solid Waste Management The annexation area is within the service area of private waste disposal services. Water Services Springfield Utility Board (SUB) has service connections located within Kintzley Ave and Jasper Rd right-of-way. Fire and Emergency Medical Services Currently, the annexation area is within the Willakenzie Rural Fire Protection District, but at the time of annexation, will be withdrawn. Once annexed, the area will be within the Eugene Springfield Fire District. Police Protection Currently, the Lane County Sheriff provides police services to the areas outside the city limits adjacent to the annexation area. After annexation, the City of Springfield police will provide police protection to the annexation area. EUGENE -SPRINGFIELD 310 Y^ Street, Springfield, OR 97477 1 p: 541.746.0637 1 w .bran chengineering.com Annexation - Public/Private Utility Plan September 6, 2023 City Wide Parks and Recreation Programs Willamalane Park and Recreation District will provide park, open space, and recreation services to the annexed property at the effective date of annexation. Electrical Services The Springfield Utility Board (SUB) provides electric services to the area to be annexed. Land Use Controls The annexation area is within the Urban Growth Boundary for Springfield. After annexation the city will administer land use controls. Communication Facilities Wired and wireless communication services are provided to the Springfield portion of the Metropolitan Area and the annexation area can generally receive service from these private providers. Public Schools Springfield School District 19 provides the City of Springfield K-12 educational needs. The existing district's public schools that will serve the annexation area are Douglas Gardens Elementary School, Agnes Stewart Middle School, and Springfield High School. Branch Engineering, Inc. Page 2 of 2 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement') is made between the City of Springfield, an Oregon municipal corporation ("City") and Teresa M Schoonover. ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City of Springfield a request for Annexation, dated 6 Z for Assessor's Map No. 18-02-06-24, Tax Lot 03800, which is not currently municipally addressed and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF -10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording, Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT — Page 1 of 7 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing acrd proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An 8" existing public sanitary sewer main is located along Kintzley Avenue and has service laterals stubbed out to this lot. The existing main and trunk line in Jasper Road has sufficient capacity for residential development of this lot. H. A public stormwatcr management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public storm sewer system is located in Jasper Road and is the regional trunk line for this area. There is a main running down Kintzley and an existing inlet at the comer or Jasper and Kintzely. The storm sewer system has sufficient capacity for accepting the existing runoff from this lot. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Kintzley Avenue which is currently a county facility and partially improved with a 20' wide asphalt mat for paving. The property has frontage along Jasper Road that is improved with paving, curb and gutter, and sidewalks. No street trees are currently planted along Jasper Road. • Jasper Road have sufficient existing ROW width and no dedication of ROW is required for this annexation or subsequent development that conforms to existing residential zoning. • Kintzley is currently 45' wide along this property frontage, The city standard ROW width for a 28' wide street is 49'. A dedication of 4' will be required as part of the annexation. • Jasper Road is classified as a Minor Arterial roadway and is improved to current City standards except for street trees. No new access will be granted from this lot or any subsequent subdivision of this lot to Jasper Road. • Kintzley Avenue is classified as a County Local Access roadway and is not improved to current City standards. Any development for subdivision of this lot will require full improvements to be added to Kintzley for this lot's frontage. A portion of Kintzley was fully improved on the west side to the south of this development as part of the Mountainvale Subdivision. The improvements along Kintzley for this lot will need to match those improvements as much as possible. J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: ANNEXATION AGREEMENT — Page 2 of 7 AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section upon subdivision or any development that results in addition of dwelling units to the existing lot. 1.1 Applicant shall dedicate an additional 4'or ROW along Kintzley to allow for future roadways improvements to match the existing improvements to the south completed as part of the Mountainvale subdivision PIP (P31054 Mountainvale Subdivision). 1.2 APPLICANT upon any subdivision or addtion of traits other than a single ADU shall construct full frontage improvements using the City of Springfield's Public Improvement Permit (PIP) along Kintzley from the intersection with Jasper Road to the southern property corner consisting of street lights, setback sidewalk, street trees, curb and gutter and paving to the existing asphalt mat of no less than 3' minimum width but no more than the centerline of the adjacent travel lane per city standard street section shown in Figure 4.2-r in the Springfield Development Code. 1.3 APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.4 In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies, permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of Citv. Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANT's defense of any appeal of a decision to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. ANNEXATION AGREEMENT — Page 3 of 7 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of building permit approval, partition, or subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents, and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanlzation Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. Cityof Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et sea. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., `Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. ANNEXATION AGREEMENT — Page 4 of 7 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. ANNEXATION AGREEMENT — Page 5 of 7 DATED this -L day o40_rK�!LtI . IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT STATE OF OREGON COUNTYOF LANE I SS y G —a3 Date 9-4-z3 TFusI9/f INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON Tpin� ri�/AS OFF (APPLICANT) 2A13 BY ANNEXATION AGREEMENT — Page 6 of 7 d ' 7 \� BY OREGON ANNEXATION AGREEMENT — Page 6 of 7 CITY OF SPRINGFIELD mm Nancy Newton, City Manager STATE OF OREGON r SS COUNTY OF LANE J TFRS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 120 BY (CITY) OF NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT — Page 7 of 7