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HomeMy WebLinkAboutItem 06 Annexation at 954 66th StreetAGENDA ITEM SUMMARY Meeting Date: 1/2/2024 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541/726-3784 Estimated Time: 10 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX APPROXIMATELY 4.42 ACRES OF RESIDENTIAL PROPERTY LOCATED AT 954 66TH STREET (MAP 17-02-27-00, TAX LOT 2002). ACTION REQUESTED: Conclude a public hearing and adopt/not adopt the following ordinance: An Ordinance Annexing Certain Territory (Vacant Parcel Addressed As 954 66th Street and Identified As Assessor’s Map 17-02-27-00, Tax Lot 2002) To The City Of Springfield And Willamalane Park & Recreation District; Withdrawing the Same Territory from the McKenzie Fire and Rescue District; Adopting A Severability Clause; And Providing An Effective Date (Second Reading). ISSUE STATEMENT: The City Council is requested to conclude a public hearing that was opened at the regular meeting on November 20, 2023. Council is then requested to consider adopting an ordinance to annex approximately 4.41 acres of real property located off 65th Street north of Thurston Road. The proposed annexation is intended to facilitate a change of zoning and future development of a SUB drinking water treatment and distribution facility on the site. ATTACHMENTS: 1: Location Maps 2: Ordinance with Exhibits Exhibit A: Legal Description and Map Exhibit B: Annexation Application Exhibit C: Annexation Agreement Exhibit D: Staff Report and Recommendations DISCUSSION/ FINANCIAL IMPACT: The applicant initiated the annexation request by submittal of a complete application on August 25, 2023. In accordance with SDC 5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days following Ordinance adoption and signature by the Mayor, or upon acknowledgement by the State, whichever date is later. The territory requested for annexation is a vacant, rectangular-shaped parcel that abuts Thurston Middle School on the western boundary and is located at the northern terminus of 65th Street. The property is currently zoned for R-1 Residential District uses and is designated Low Density Residential on the City’s Comprehensive Plan diagram. The subject property is located inside the City’s Urban Growth Boundary (UGB) and it abuts the City limits line along the western, southern and southeastern boundaries. Concurrently with annexation of the subject property the site will be rezoned to remove the Urbanizable Fringe Overlay (UF-10). Land development limitations imposed by the UF-10 overlay will no longer apply upon annexation. As outlined in the attached staff report (Attachment 2, Exhibit D), the applicant will be preparing a sewer capacity analysis confirming that the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Comprehensive Plan – Urbanization Element. The attached staff report provides details about what will be required for the proposal to meet the criteria of approval for annexations as established in SDC 5.7.140. Recommendation: The subject property meets the standards and provisions of the Springfield Development Code and applicable state statutes for annexation with the addition of a special acknowledgement clause requiring a sanitary sewer capacity analysis as outlined in the attached Annexation Agreement. Council is requested to conclude the public hearing and consider adopting the ordinance annexing the property to the City and Willamalane Park & Recreation District and withdrawing the territory from the McKenzie Fire and Rescue District. LOCATION OF PROPERTY SUBJECT TO ANNEXATION AND ZONE CHANGE SITE  Attachment 1, Page 1 of 2 811-23-000197-TYP4 – PROPOSED ANNEXATION OF 4.42 ACRES FOR SUB WATER TREATMENT PLANT 954 66TH STREET (MAP 17-02-27-00, TL 2002) SITE CONTEXT MAP 65th Street Proposed Annexation Area UGB UGB City Limits City Limits City Limits Thurston Middle School 65th Place 66th Street Attachment 1, Page 2 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (VACANT PARCEL ADDRESSED AS 954 66TH STREET AND IDENTIFIED AS ASSESSOR’S MAP 17-02-27-00, TAX LOT 2002) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE MCKENZIE FIRE AND RESCUE 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 August 25, 2023, said territory being Assessor’s Map Township 17 South, Range 02 West, Section 27, Map 00, Tax Lot 2002 which is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of 954 66th 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, 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 to facilitate urban residential development; WHEREAS, all required urban services are immediately available to serve the site and the applicant has executed an Annexation Agreement (Exhibit C) that addresses the timing and financial responsibility for provision of public facilities and services to the property; WHEREAS, in accordance with SDC 5.7.150(A), upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying R-1 Residential District zoning will be retained; WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director’s recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7.140(B)), and to withdraw the subject territory from the McKenzie Fire and Rescue 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; WHEREAS, on November 20, 2023, the Springfield Common Council opened a public hearing on the annexation request and continued the public hearing to the regular meeting on January 2, 2024; and WHEREAS, the Springfield Common Council is now ready to take action on this application based on the Attachment 2 Page 1 of 47 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 McKenzie Fire and Rescue 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 30 days after signature by the Mayor or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever is later. ADOPTED by the Common Council of the City of Springfield, this day of , 2024, by a vote of _____ for and _____ against. APPROVED by the Mayor of the City of Springfield this day of , 2024. ATTEST: Mayor City Recorder Attachment 2 Page 2 of 47 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1, Land Partition Plat No. 2007-P2118, recorded May 3, 2007, Reception No. 2007-029795, Lane County Deeds and Records, in Lane County, Oregon. OrderNa: 2&25873 Page 4 of 4 Exhibit A, Page 1 of 2 Attachment 2 Page 3 of 47 T272 90413.56 AC NW C( D. MC D.L.C. A FOR ASSESSMENT AND SECTION 27 T.1 7S. R.2W. W.M. TAXATION ONLY Lane County 1" = 400' Ul 9 - M f\, A 300 - OOOp00000pp00000000000000000000000000000000 00O 0000 p00 700 xee eovE nnnonw. 5EE MAP 7022200 00 00000000 0 A 1 00' / T O 900 NE COR. / 20. 85 AC NW COR. J. WH D.L.C. 1OJ. WH(TAKE .73 D.L.C. 51 00 D.L.C. 51 s 019-01 23 ]3 AC v Po 0 O rJI O 55.12.12 AC r 0s" tea00' l\V 00 p 0 [ 401AC Sa1 0,157 pp D 103 AC 53 h] R 402 537178 903 0.08 AC 4.W AC 902 6 5.19663 3.07 AC 10.89 AC SW COR. m:, um, e'Ssw 7.92 AC ZJ_WHITAKER 10.71 ACS 1002 10030.25 AC 25.03 AC 100025.01 AC SEE MAP 1702280 90 1 d S28165 12.95AC 11111019-01 e! u f L4 01 C 5.17169 8 40314AC 37178 704.3` 14794 AC a 5.3]1]9 NE COR. R 405+a, 600 D. MC NUTT :&SSW COR. 1.64 Ac r D.L.C. 51 SE 20.5]AC D.L.C. 75 `O S.37n6 J. 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MILLER 0.5A DLC 48 i h 2100 N89004'14"E, 600.29 2.12 Ac a 1 2002 ui m 4.42AC 019-09 0 y PCL 1 M 0000 P M SEE MAP( T N89038'42"W, 600.16 g 1702341100 0G U E MAP 80000® 7 12 SEE MAP 1ZO22300 00p0000 7p0 5.15582 00 5.8881 O0O000OOO00 Wse COR. O S. SPENCER O D.L.C. 68 0 SEE MAP 17022600 5F -1 000000000000000000000( et ]n paY pry 6 m:, um, e'Ssw9poVis_ e 15029.88 AC 4009 E azea E COR- soz.ow ow s$ h I OOO mOmWW SEE MAP CQ Q 17023522 00000 SEE MjP O 1702351 17022700 SPRINGFIELD LCATOGC - 2023-03-061000 CANCELLED 703 10011100 14001800 20002001 REVISIONS1NOS20ID-LCAT113-CONVERTWPTO GIS 1]/OYN10 - LCAT18] -MMC MAP CORR -TL 1101 00l ll-LCAT113-CODECORRTL001,0$ OYOP2@]-LC W -PT OF TL 1D32 OUT TO ROAD SPRINGFIELD 17022700 Exhibit A, Page 2 of 2 Attachment 2 Page 4 of 47 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 IESPRINGFIE Annexation Application Type 4 Application Type (Applicant., Check one) Annexation Application Completeness Check: Annexation A lication Submittal: I Required Proposal Information (Applicant., Complete This Section) Property Springfield Utility Board (SUB) Phone: 541-726-2396Owner - Address: 1202 S. 18th Street, Springfield OR 97477 E-mail: Owner Signature:p Owner Signature: X g 17 a3 Agent Name: Rick Satre, AICP, ASLA, CSI Phone: 541-666-4540 Company: THE Satre Group Fax: Address: 375 West 4th Ave., Ste. 201, Eugene, OR 97401 E-mail @satregrpup. "m 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: 17-02-27-00 TAX LOT NOS 02002 Property Address: No Address - north end of 65th Street Area of Request: Acres: 4.41 Square Feet: Existing Use: Vacant Proposed Use: proposed future Water Treatment plant - Rezone to PLO Required Property Information (City Intake Staff., Complete This Section) Reviewed Case No.: Date: By: initials Project No.: Placard: Application Fee: postage Fee: Total Fee: Revised 04/ 17/2023 slm - Page 8 of 16 Exhibit B, Page 1 of 28 Attachment 2 Page 5 of 47 Owner Signatures This application form is used for both the required completeness check 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. The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Completeness Check 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. Date: -ugSignatue Greg Miller- Water Division Director - Springfield Utility Board I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Completeness Check 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 pfocessing 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. Anat, Date: Si Greg Miller- Water Division Director - Springfield Utility Board Print Revised 04/17/2023 Sim Page 9 of 16 Exhibit B, Page 2 of 28 Attachment 2 Page 6 of 47 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. o Application Fee [SDC 5.7.125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. o Petition/ Petition Signature Sheet [SDC 5.7.125(B)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Consent by Property Owners LOPS 222.127 and 222.170(1)1 If the proposal is to be Initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the"person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). o Certification of Ownership [SDC 5.7.125(B)(5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). o Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). o Supplemental Information Form [SDC 5.7.125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type 4 form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Pi Copy of the Deed (required at application submittal) rn Copy of Preliminary Title Report (required at application submittal) Title Report must be dated within the past 30 days documenting ownership and listing all encumbrances. Revised 04/17/2023 slm Page 10 of 16 Exhibit B, Page 3 of 28 Attachment 2 Page 7 of 47 Z Annexation Description [SDC 5.7.125(8)(9)] A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description must consist of a series of courses in which the first course must start at a point of beginning. Each course must be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. o Cadastral Map [SDC 5.7.125(B)(10)] One (1) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. Paper copy maps must be printed to scale. On all submitted maps the annexation area must be outlined In. redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. ORS 222.173 Waiver Form [SDC 5.7.125(B)(8)] The waiver form (Form 4) signed by each owner within the proposed annexation area as allowed by ORS 222.173. o Public/Private Utility Plan [SDC 5.7.125(B)(12)] A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [SDC 5. 7.125(8)(13) and (14)] A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be providedin an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. o One (1) copy of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11" AND BOUND BY RUBBER BANDS. Revised 04/17/2023 slm Page 11 of 16 Exhibit B, Page 4 of 28 Attachment 2 Page 8 of 47 THE SATRE GROUP Land Use Planners, Landscape Architects, Environmental Specialists 375 West 4 Avenue, Suite 201, Eugene, Oregon 97401 541)686- 4540 w .satregroup.com TRANSMITTAL TO: City of Springfield DATE: August 25 2023 2255 Street PROJECT: SUB— McKenzie River SUB Lot Springfield OR 97477 Annexation—Submittal Final CLIENT PROJ #: ATTN: SG PROJ #: 2133 TRANSMITTED: Herewith DISPOSITION: For Your Approval X Separate Cover For Your Information/Use X Other d For Reply TRANSMITTED: Copies Item Dated No. Pages 1 paper copy and an electronic (CD) copy of a: Submittal Annexation Application Packet Various Dates Several REMARKS: This Annexation application packet is hereby submitted for processing. The submittal package includes: 1. This Transmittal 12. Site Plans 2. Application Fee 3. Application Form 4. Application Attachments Forth 1 — Form 4 5. Responses to Completness 6. Written Statement 7. Annexation Agreement (Draft) 8. Deed 9. Title Report 10. Annexation Legal Description 11. Public / Private Utility Plan 12. Cadastral Map We look forward to your assistance with the project. Don't hesitate to contact us should you have any questions or need any additional information. Thank you. COPIES TO:Agency BY: File X Consultant Team X ,%D WIi*`1 VLdei"50'I'y Client X Other John Anderson, ASLA, Exhibit B, Page 5 of 28 Attachment 2 Page 9 of 47 August 25, 2023 SPRINGFIELD UTILITY BOARD MCKENZIE RIVER SOURCE DEVELOPMENT Annexation — Final Submittal Map 17-02-27-00, Lot 2002 Written Statement In accordance with SDC 5. 7-125, Annexation Initiation and Application Submittal, the applicant, Springfield Utility Board (SUB), is requesting that the City of Springfield reviewthis annexation request and determine that the proposal complies with criteria contained in SDC 5.7-140 and that the requested annexation can be approved. To aid Springfield staff in this endeavor, the following information is provided. THE SITE AND EXISTING CONDITIONS A. Planning Context The subject property is inside the Urban Grown Boundary (UGB) and outside the City Limits of Springfield. The site is contiguous to the area inside City of Springfield city limits on its south and west I boundaries. The Metro Plan designation, neighborhood plan designation and zoning for the subject property is as follows: 1 Metro Plan: Low Density Residential Refinement None E Plan: E Base Zone: Low Density Residential Overlay Urbanizable Fringe E Zone: fi E ` 1 MFOH INS v Subject property Property E STr E E t H m ATLxL B. Subject Site The existing property is comprised of one tax lot (Map 17-02- 27- 00, Lot 02002). Tax Lot 2002 is accessed from 651n Street, which terminates at the property's southern boundary. Thurston Middle School is to the west, single-family development is to the south and rural residential development is to the east. The site is vacant and is approximately 4.41 acres in size. Excerpt Springfield Zoning Map April 2023 PLANNERS + LAND SCAPE ARCHITECTS + 375 West 4th, SuHe 201, Eugene, OR 97401 Phone: 541.696.15/ 0 www.sa.regi oup.com Exhibit B, Page 6 of 28 Attachment 2 Page 10 of 47 Springfield Utility Board - McKenzie Water Source Development Page 2 of 4 Annexation - Written Statement August 25, 2023 C. Development Objective The development objective for Springfield Utility Board (SUB) is to develop the lot with an expansion of awater treatment facility associated with the Thurston Wellfield. With the wellfield's location just beyond the City of Springfield's Urban Growth Boundary, and this tax lot straddling the UGB, an annexation is the starting objective. Other land use applications for Springfield could include a Zoning Map Amendment and Site Plan Review. II. ANNEXATION -APPROVAL CRITERIA Annexation Approval Criteria are found in Section 5. 7-140 of the Springfield Development Code SDC). Applicable sections of the Code are in bold italics followed by proposed findings of facts in normal text. SDC 5.7-140. An annexation application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary,, and is contiguous to the city limits; or separated from the City only by a public right-of-way or a stream, lake, or other body of water. Response: The affected territory is located within the city's urban growth boundary and is contiguous to the city limits on its southern, eastern, and western boundaries. Given this, criterion 5. 7-140(A) is met. B. The proposed annexation is consistent with applicable polices in the Metro Plan and in any applicable refinement plan or Plan Districts; Response: The subject property is designated Low Density Residential on the Eugene/Springfield Metro Plan diagram. There are no applicable refinement plans or Plan Districts. Once annexed into the City of Springfield, the Urbanizable Fringe (UF -10) overlay will no longer apply, and the site will be zoned Low Density Residential. The applicant, SUB, may apply for a subsequent Zone Change to change the property to Public Lands Open Space (PLO). This designation on the property allows government facilities and will allow SUB to construct a water treatment plant. METRO PLAN: Applicable policies of the Metro Plan are listed below: Growth Management Goals. Findings and Policies: Policy Be. Land within the UGB maybe converted from urbanizable to urban only through annexation to a city when d is found that: A minimum of key urban facilities and services can be provided to the area in an orderly and efficierd manner. The Satre Group . 375 W 4• Avenue, Suite 201, Eugene, OR 97401 .(541) 6864540.w.va.ememoun.aom Exhibit B, Page 7 of 28 Attachment 2 Page 11 of 47 Springfield Utility Board — McKenzie Water Source Development Page 3 of 4 Annexation — Written Statement Response: Minimum key urban facilities and services as defined in the Metro Plan includes wastewater, stormwater, transportation, solid waste management, water service, fire and emergency medical service, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district -wide basis (Metro Plan, Chapter V, Glossary, definition 24). As documented elsewhere in this application these key urban facilities and services have been provided to the subject site in an orderly and efficient manner. Policy 10. Annexation to a city through normal processes shall continue to be the highest Priority. Response: Annexation into the corporate limits of the City of Springfield is codified in the Springfield Development Code (SDC) 5. 7.100- 5. 7.165. Processes and procedures regarding application, annexation, approval criteria, effective date and notice, and withdrawal from special districts are, by submittal and processing of this Annexation Application, being followed. Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. Response: The subject site is inside the Springfield's Urban Growth Boundary. By this Annexation Application herein, the land within the UGB (the subject site) is being annexed and as required by applicable approval criteria, will be provided with the minimum level of urban facilities and services. Policy 18. As annexations to cities occur over time, existing special service districts within the UGB shall dissolve. The cities should consider developing intergovernmental agreements, which address transition issues raised by annexation, with the affected special service districts. Response: A special district providing services to the subject property is the VWllamalane Park and Recreation District. Wllamalane is not contemplated to dissolve. VWllamalane and the City of Springfield have an intergovernmental agreement regarding property annexation into the City, therefore, when a property is annexed, annexation into the Wllamalane Park and Recreation District also occurs. Policy 21a When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the followirg method. Annexation to a city. Response: Existing facilities and services are currently provided to the development site. Therefore, this Metro Plan policy has already been satisfied. Given the above, criterion 5. 7-140(B) is met. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Response: The annexation site can be provided with key urban facilities and services as defined in the Metro Plan. Facilities and services applicable to the site, including information regarding providers, existing facilities, and service extensions, is provided below: Storm: The nearest public stormwater infrastructure is a storm line running north along the west boundary of the property on the middle school property The Salre Group . 375 W 4• Avenue, Suite 201, Eugene, OR 97401 .(541) 686- 4540.w.vu.salremoue.com Exhibit B, Page 8 of 28 Attachment 2 Page 12 of 47 Springfield Utility Board — McKenzie Water Source Development Page 4 of 4 Annexation — Written Statement Auoust 25. 2023 ending in a 24 -inch outfall at Cedar Creek. The existing public and private systems will continue to be utilized. Sanitary: Sanitary infrastructure is adjacent to the site in 65^ Street, on the southern property line. Should sanitary infrastructure be needed for the subject property in the future, service would be extended from 65u Street. Water: Similar to the sanitary service, the water lines are in 65u Street on the southern edge of the property. Water will be provided by Springfield Utility Board (SUB). Electric: Electric infrastructure is adjacent to the subject property along its southern and eastern boundary. Electricity will be provided by Springfield Utility Board SUB). Streets: 65^ and 66th Streets are local streets. 65^ Street dead ends on the southern property line and could be an entrance. The applicant has current plans to access the property from 66' Street across the northern piece of property owned by SUB. Given this, criterion 5. 7-140(C) is met. D. Where applicable, fiscal irrpacts to the City have been o tigated through ao Annexation Agreement or other mechanism approved by the City Council. Response: Annexation of the subject property into the City of Springfield is not anticipated to have any fiscal impacts. Therefore, an Annexation Agreement is not required for annexation of the subject property. Given this, this criterion 5. 7-140(D) is met. III. Conclusion Based on the information contained in this written statement and elsewhere in the application submittal, the applicant believes that the requested annexation can be approved. If you have any questions about the above application, please do not hesitate to contact Rick Satre, at The Satre Group, 541-686- 4540 or rick(dlsatregroup.com. Sincerely, R." Sa e/ Rick Satre, AICP, ASLA, CSI, Principal/Partner The Satre Group The Satre Group . 375 W 4^ Avenue, Suite 201, Eugene, OR 97401 .(541) 68 4540.w.va.satreumuo.com Exhibit B, Page 9 of 28 Attachment 2 Page 13 of 47 August 25, 2023 SUB Annexation Map 17-02-27-00, Tax Lot 2002 Completeness Review — Responses Completeness Review Checklist from the City- Case Number— 811 -23 -000134 -PRE Planning Comments: 1. The Lane County Assessor has provided a 2022 assessment value of $21Z635 forthe property which needs to be added to the owner's worksheet. Response: The valuation has been added to the owner's worksheet (see Form 2). 2. The property is within the service territory of McKenzie Fire 8 Rescue, which needs to be added to the supplemental information form. Response: McKenzie Fire & Rescue has been added to the supplemental information form. 3. Please provide a full-size Assessors Tax Map showing the redline annexation area with the application submittal. Standard size is around "18 x 24". Response: A full size Tax Map has been printed and electronically submitted. (See attachment 12) 4. An Annexation Agreement will be required for the proposed annexation. Staff will prepare the agreement for re view and execution by the applicant and the City. Response: A draft copy of the Annexation Agreement has been included. The City and SUB are still negotiating the final Agreement. Once signed by both parties an official copy will be submitted. Engineering/Public Works Comments: 1. Secondary emergency access from 62Ato 66A is required and an access easement from 66A and 66A to the school will be required. This could be the same easement/access. Response: SUB is aware of this requirement and is designing the project to address these issues. The Annexation Agreement will state this requirements and will be a part of the preliminary plans. The pedestrian access and emergency access will have easements in place once the design is complete. 2. If the sanitary sewer is going to be used for process water, a much larger connection with a detailed capacity analysis will be required. Response: SUB is aware of this requirement and is designing the project to address these issues. A Capacity study has been completed and the City will review. 3. The stormwater can probably be handled on site with an overflow to the existing line in the school district property. Response: SUB is aware of this requirement and is designing the project to address these issues. uxos ue u exire n + PLANNERS + LANDSCAPE ARCHITECTS + ENVIRONMENTAL SPECIALISTS 375 Weffi4th, Suite 201, Eugene, OR 97401 Phare: 541.68aAMO wwwsa tregroup.cam Exhibit B, Page 10 of 28 Attachment 2 Page 14 of 47 McKenzie Water Annexation Completeness Meeting Notes Map 17-02-27-00, Tax Lot 2002 Page 2 of 2 4. An Annexation Agreement will be required that lays out the development requirements for future Connection to be done during site development that will include sewer capacky upgrades, stormwater requirements, and pedestrian access. The dedication of either ROW or at a minimum easement for emergency/access easement will be required at annexation. The actual Construction of these will not be required until the site developments with the watertreatment plant. Response: All easements and pedestrian access will be addressed in the final design. SUB has completed a Capacity Study and is designing the treatment plant accordingly. Final design will have all easements to be recorded. Transportation Engineering Comments: 1. Acknowledgement and inclusion of provisions fora future mukiuse path (through) the site must be included in the Annexation Agreement to ensure future development will meet connectivity needs. Response: The Annexation Agreement will have provisions for Multi -Use path and emergency access. 2. Acknowledgement and inclusion of provisions for a secondary emergency access for 65^ street must be included in the Annexation Agreement. Response: The Annexation Agreement will have provisions for Multi -Use path and emergency access. End of Completeness Responses --- The Satre Group .375 West 4xAvenue,Suite 201,&gene, OR 97401•(541) 698-0540. w .satrsacun.cam Exhibit B, Page 11 of 28 Attachment 2 Page 15 of 47 Application #; CSP2009- For City Use Only FORM 1 PETITION/PETITION SIGNATURE SHEET Annexation by Individuals SDC 5.7.125(2)(b)(I)/ORS 222.170(1) or ORS 222.127] We, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent annexation to Wlllamalane Parks and Recreation District, as deemed necessary: Date Signature Signed Print Name Residence Address Map and Tax Lot Number d Acres nVd/ street clt, zip rode) example: 17- o4- 03-00-00100) owner qty) Springfield Utility Board No Address 17-02-27-00-02002 Yes z. 3. 4. 5. If -W, Note: With the above aignamre(s), I am afalbul that I have the authority N consent to annemeon on my own behalf or on behalf of my firm or agency. (ANecb ewdenre ofsoch outhooradon when applicable) I, A GRf ouN (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. ignature of Calculator) CERTIFICATION OF OWNERSHIP The total landowners In the proposed annexation are I (qty). This petition reflects that I (qty) landowners (or legal representatives) listed on this petition represent a total of 100 (%) of the landowners and J90 (%) of the acres as determined by the map and tax lots attached to the petition. A&T fs not responsible fors bsequent deed activity that may not yet be reflected on the A&T computerized tax roll. Lan ou per/S iAss ssment andTaxation Data Signed and CCeertiFlietl/ 3 Revised 04/ 17/2023 Am 12 of 16 Exhibit B, Page 12 of 28 Attachment 2 Page 16 of 47 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 Ma lot number Name of Owner Acres Assessed Value Imp. Y / N SignedYes SignedNo 17-02-27-00-02002 Springfield Utility Board 4.42 212, 635 N Yes 212, 635 VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR TOTALS: 4.42 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 4.42 ACREAGE SIGNED FOR 4.42 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL 212, 635 VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR Revised 04/ 17/2023 slm 13 of 16 Exhibit B, Page 13 of 28 Attachment 2 Page 17 of 47 FORM 3 SUPPLEMENTAL INFORMATION FORM Complete al/ 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: John Anderson E-mail: JohnA@satregroup.com Supply the following information regarding the annexation area. Estimated Population (at present): 0 Number of Existing Residential Units: 0 Other Uses: Vacant Land Land Area: 4.42 total acres Existing Plan Designation(s): Low Density Residential Existing Zoning(s): Low Density Residential Existing Land Use(s): None Applicable Comprehensive Plan(s): Eugene -Springfield Metro Area General Plan Applicable Refinement Plan(s): None Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. The lot is within the Eugene -Springfield Metro Plan and Is designated as residential. It is within the Springfield Growth Boundary. Are theredevelopment plans associated with this proposed annexation? Yes 7] No If yes, describe. Water Treatment Plant Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes 1:71Nom Please describe where the proposed annexation Is contiguous to the city limits non-contiguous annexations cannot be approved under 5.7-140, Criteria). The property Is adjacent to annexed property on the west, south, and east. Annexation will not create an island. Revised 04/17/2023 slm Page 14 of 16 Exhibit B, Page 14 of 28 Attachment 2 Page 18 of 47 Does this application include all contiguous property under the same ownership? Yes E:1 No M If no, state the reasons why all property is not included: The northerly lot is not within the Urban Growth Boundary and cannot be annexed into the Check the special districts and others that provide service to the annexation area: Glenwood Water District Eugene School District Springfield School District Pleasant Hill RFPD EPUD Rainbow Water and Fire District Pleasant Hill School District McKenzie Fire & Rescue Willakenzie RFPD SUB R 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. John Anderson -The Satre Group A'.l clnisfi' 'sp~jput.( U}ili47'b.-4 Name) (Name) 375 West 4th, Ste. 201 20;1- 50j4^ N*' $$)fu Address) Eugene, OR 97401 City) (Zip) Name) Address) City) Zip) Address) 5v 5f-A'c, Cl?- city) R( City) (Zip) Name) Address) City) (Zip) Revised 04/17/2023 slm Page 15 of 16 Exhibit B, Page 15 of 28 Attachment 2 Page 19 of 47 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: 17- 02-23-CM2002 Map and Tax Lot Number assigned) None Street Address of Property (if address has been ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [../] indefinitely or [ ] until Date Signatures of Leqal Owners Please Print or type name Signature Date Si ned Greg Miller -Water Div. Dir. L S_ LN6: Y1BCV008 BOIM'f/fiNGE 1MN5R/ONNEBLIGRON/ORMS YRIHGFlELOf14WW UNM3EOfD/IMS pPE3U6MIRiLpHNENq}ION4MLIGRON 100>-BB.00C YSL]avM: May;3@] Revised 04/17/2023 slm Page 16 of 16 Exhibit B, Page 16 of 28 Attachment 2 Page 20 of 47 ranch ENGINEERING= nee i9u June 1, 2023 ANNEXATION LEGAL DESCRIPTION TAX MAP 17- 02-27, TL 2002 Branch Engineering Inc. Project No. 23-273 Situated in the Urban Growth Boundary of the City of Springfield, Lane County, State of Oregon in the Northeast % of Section 34, Township 17 South, Range 2 West, Willamette Meridian, being more particularly described as follows: All of Parcel 1 of Land Partition Plat Number 2007-P2118 as platted and recorded in the Lane County Oregon Partition Plat Records, said Parcel 1 being more particularly described as follows: BEGINNING at the Initial Point of said Land Partition Plat Number 2007-P2118, also being the southeastern corner of said Parcel 1. THENCE along the southerly boundary of said Parcel 1 North 89'38'42" West, 600.16 feet, more or less, to the southwestern corner of said Parcel 1. THENCE along the westerly boundary of said Parcel 1 North 00'19'43" East, 314.37 feet, more or less, to the northwestern corner of said Parcel 1. THENCE along the northerly boundary of said Parcel 1 North 89' 04'14" East, 600.29 feet, more or less, to the northeastern corner of said Parcel 1. THENCE along the easterly boundary of said Parcel 1 South 00'19' 33" West, 327.83 feet, more or less, RETURNING to the POINT of BEGINNING. The bearings and distances herein are based on land Partition Plat Number 2007-P2118 as platted and recorded in the Lane County Oregon Partition Plat Records. REGISTEREDPROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON NOVEMBER 30, 2007 RENEE CLOUGH 69162LS RENEWAL DATE: 12/30/23 EUGENE -SPRIG FIELD PHILOMATH 310 5th Street, Springfield, OR 97477 1 p- 541.746.0637 1 w .branchengineenng.mm Exhibit B, Page 17 of 28 Attachment 2 Page 21 of 47 August 25, 2023 SPRINGFIELD UTILITY BOARD MCKENZIE RIVER SOURCE DEVELOPMENT Annexation Map 17-02-27-00, Lot 02002 Public / Private Utility Plan rSDC 5. 7-125(B)(1 2A SDC 5. 7-125(B)(12) calls for: A public private utility plan describing how the proposed affected territory can be served by a full/minimum level of key urban facilities and services. The Annexation Application calls for: A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and Public Works staff will work with the applicant to complete the Annexation Agreement. In response, the Springfield Utility Board McKenzie River Source Annexation Application includes the following Public/Private Utility Plan. This Public/Private Utility Plan describes what is known regarding facility providers, existing facilities and anticipated service extension. Existing Facilities. Providers and Service Extension Key facilities and services as defined by the Metro Plan and how they will be met are as follows: Stormwater Provider: Current: On -Site: None. Off -Site: Public —City of Springfield. Future: On -Site: Private—SUB. Off -Site: Public —City of Springfield. Existing Facilities: Private: None. Public: Existing public system on the neighboring western property. It is a 42 -inch main. Service Extension: Private: The line will be extended from the neighboring property. Public: No future extension. The existing off-site public system will continue to be utilized. Existing Storm and Sanitary Infrastructure City of Springfield2023 PLANNERS - LANOSCAPEARCNITECTS + ENVIRONMENTAL SPECIALISTS 37oWest4th, Suite 201, Eugene, OR 51401 Phone: 541.686.4540 www.SdtrBgroLip.com Exhibit B, Page 18 of 28 Attachment 2 Page 22 of 47 Springfield Utility Board — McKenzie Water Source Development Page 2 of 3 Annexation — Public/Private Utility Plan Wastewater Provider: Current: None. Future: City of Springfield. Existing Facilities: No public wastewater system exists on the subject property. There is, however, existing public wastewater infrastructure to the south, in 69^ Street. Service Extension: Should wastewater infrastructure be needed for the subject property in the future, service would be extended from 656 Street. Transportation Existing Storm and Sanitary Infrastructure City of Spnngfeld2D23 Provider: Streets: City of Springfield. Transit: Lane Transit District (LTD). Existing Facilities: Streets: Existing streets nearest the subject property, and available for access, are 65 Street to the south and 66 Street (to the east). Transit: LTD provides service currently. Service Extension: Streets: There is no need to extend public street service. The subject property has existing access. Transit: Post annexation, LTD will continue to be the transit service provider. Solid Waste Management Solid waste service for un -annexed property is the responsibility ofthe property owner. Upon annexation, service will be provided by a private service provider under contract with the City of Springfield. The current service provider, underfranchise agreement with the City of Springfield, is Sanipac. Water Service Provider: Springfield Utility Board (SUB). Existing Facilities: Service is on and adjacent to the =_ subject property, extending to the north portion of 69h Street. The property is going to have a water Otreatmentplanton-site. Service Extension: Service is on site and does not need to be extended. Existing Water Infrastructure Springfield Utility Board zL 2023 The Satre Group . 375 West 4^ Avenue, Suite 201, Eugene, OR 97401 .(541) 686-4540.v.ve.s lregreup.com Exhibit B, Page 19 of 28 Attachment 2 Page 23 of 47 Springfield Utility Board — McKenzie Water Source Development Page 3 of 3 Annexation — Public/Private Utility Plan Electric Service Provider: Springfield Utility Board (SUB). Existing Facilities: Existing electric infrastructure is adjacent to the subject property along its western boundary. Service Extension: The service would be extended to the subject lot. Existing Electric Infrastructure Springfield Utility Board N 2023 1 'k33L. .. n Fire and Emergency Medical Services Fire and emergency services are provided by McKenzie Fire & Rescue and Eugene Springfield Fire. Upon annexation, Eugene Springfield Fire will continue to provide service. Police Protection The Lane County Sheriff provides service outside of the city limits. Upon annexation, service will be provided by the Springfield Police Department for the subject property. City Wide Parks and Recreation Programs The site is within the boundaries of the Wllam alane Park and Recreation District. Park and recreation services are provided to the subject property currently and will continue to be provided after annexation. Land Use Controls The City of Springfield is the planning and building permit services provider. This service will continue after annexation. Communication Facilities Centuryl-ink provides land -line telephone service. Comcast provides cable service. Annexation will not change this. Public Schools The site is served by the Springfield School District. Annexation will not change this. The Satre Group . 375 W 4^ Avenue, Suite 201, Eugene, OR 97401 .(541) 6B&4540.w.va.ednearoup.00m Exhibit B, Page 20 of 28 Attachment 2 Page 24 of 47 BE RIRN TO CASCADE TIRE CO DON FAIRCHILD, SANDRA JEAN ZMOLEK, NICHOLAS WILLIAM PLATT and SHARON KAY RODGERS, Gremoq conveys and wamana In CH Y OF SPRINGFIELD, ACTING BY AND THROUGH SPRINGFIELD UTILITY BOARD, GMnlee, the following described real property Dec of enumbrani execpl as speciflenlly set Earth herein: Parcel 1, Land Pavilion Plat No. 2007-P,2119, recorded May 3, 2007, Reception No. 2007429795, Lane County Deeds and Records, in Lane County, Oregon. BEFORE SIGNING OR ACCEPTING TO IS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQU IR¢ AHf1Irr THE PERSON'S RIGHT'S, IF ANY, UNDER OR5195.308,19AND AND 195.305 TO 1953M AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 3 TO 9 AND 17, CHAPTER 855, OREGON LAWS 200%1 HIS DATED%IEN'T DORS NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPT ING THIS INSTWIM ENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH TINE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRA NSFERHED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGA1NRr FARMING OR FOREST PRACTICES, AS DEFINED IN OHS 30.930, AND TO INQUIRE ABOUT' THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER USES 195,300,195,301 AND 195. 305 TO 195.336 AND SECTIONS 5 TO 11, CHATTER 424, OREGON LAWS =07, AND SECTIONS 3 109 AN 1)17, UH AV I EX 855, OREGON LAWS 2009. Exoepuh, following No.habmnoes: 2010111 "TAXES WHICH ARBA LIEN BUT NOT YET DUE AND PAYABLE. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF RECORD. The Bue eons'ideration for this conveyencc is $425,000.00 . Damd this dayof ,1lAlu DUN PCHIL NICHOLAS WILLIAM P 17 SANDRA IE OLEK SHARON AY Rl THE CONVEYANCE set forth in this instrument conveying title or Interest to the City of Springfield, sales, by and INough Springfield Utility Board, Is hereby approved, and the data or interest conveyed therein is hereby accepted. CITY OF SPRINGFIELD, acting by and tluough Springfield Utility Board By: II pale: /171.//0 Its: %i2ler(of i—t_— Sprinefield Utility Bead WN FAIRCHILD 85691 MANCHESTER LANE EIIOENF OR 97405 GRAN IOR'S NAME AND ADDRESS BF%MYRaSHRRT%SMUN, FLELNFP. YI AuOARDMHIISHfl SPRINGFlELD UTILITY BOARD RANTL`LES NAME AND ADDRESS ` RD -TAX Until a change is regnomil all rax stem.... shall bo sem to the !¢flowing addmss: SAME AS ORANTEE•.• Ager recording return m: CASCADE TITLE CO. 811 WILLAMETTE EUGENE, OR 97401 vlzliolnlpf Chief Deputy Clerk0LureC—t, Dead. rd RR.1de 2010.03S24i TB K7.00 1162 01000352470020027 07/1912010 01:05: 03 PM TITLENO. 0267072 V1RPP-DEEB CNtel SLr_9 CASHIER 06 ESCROWNO. EUID-1401 10.00 $11.00 $ 18. 00 $ 10.00 TAX ACCT. N0. 1799038 MAP7TAX LOT NO. 17 02 27 52002 WARRANTY DEED -- STATUTORY FORM DON FAIRCHILD, SANDRA JEAN ZMOLEK, NICHOLAS WILLIAM PLATT and SHARON KAY RODGERS, Gremoq conveys and wamana In CH Y OF SPRINGFIELD, ACTING BY AND THROUGH SPRINGFIELD UTILITY BOARD, GMnlee, the following described real property Dec of enumbrani execpl as speciflenlly set Earth herein: Parcel 1, Land Pavilion Plat No. 2007-P,2119, recorded May 3, 2007, Reception No. 2007429795, Lane County Deeds and Records, in Lane County, Oregon. BEFORE SIGNING OR ACCEPTING TO IS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQU IR¢ AHf1Irr THE PERSON'S RIGHT'S, IF ANY, UNDER OR5195.308,19AND AND 195.305 TO 1953M AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 3 TO 9 AND 17, CHAPTER 855, OREGON LAWS 200%1 HIS DATED%IEN'T DORS NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPT ING THIS INSTWIM ENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH TINE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRA NSFERHED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGA1NRr FARMING OR FOREST PRACTICES, AS DEFINED IN OHS 30.930, AND TO INQUIRE ABOUT' THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER USES 195,300,195,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHATTER 424, OREGON LAWS =07, AND SECTIONS 3 109 AN 1)17, UH AV I EX 855, OREGON LAWS 2009. Exoepuh, following No.habmnoes: 2010111 "TAXES WHICH ARBA LIEN BUT NOT YET DUE AND PAYABLE. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF RECORD. The Bue eons'ideration for this conveyencc is $425,000.00 . Damd this dayof ,1lAlu DUN PCHIL NICHOLAS WILLIAM P 17 SANDRA IE OLEK SHARON AY Rl THE CONVEYANCE set forth in this instrument conveying title or Interest to the City of Springfield, sales, by and INough Springfield Utility Board, Is hereby approved, and the data or interest conveyed therein is hereby accepted. CITY OF SPRINGFIELD, acting by and tluough Springfield Utility Board By: II pale: /171.//0 Its: %i2ler(of i—t_— Sprinefield Utility Bead WN FAIRCHILD 85691 MANCHESTER LANE EIIOENF OR 97405 GRAN IOR'S NAME AND ADDRESS BF%MYRaSHRRT%SMUN, FLELNFP. YI AuOARDMHIISHfl SPRINGFlELD UTILITY BOARD RANTL`LES NAME AND ADDRESS ` RD -TAX Until a change is regnomil all rax stem.... shall bo sem to the !¢flowing addmss: SAME AS ORANTEE•.• Ager recording return m: CASCADE TITLE CO. 811 WILLAMETTE EUGENE, OR 97401 Exhibit B, Page 21 of 28 Attachment 2 Page 25 of 47 State of Oregon County of LANE 1ThisinstrumentwasacknowledgedbeforemeonJUII,i l 2010 by DON FAIRCHILD, SANDRA JEAN ZMOLEK, NICHOLAS WILLIAM &— rJ SHARON KAY RODGERS, OFFICIAL SEAL (N toyP-qbT.c fo-4QreggonZ MELISSA PA1EflSBN BUTIERFIEW My commis ' n expires 'i',IG't NOTARY PUBLIC-OAEGON M/(OMMIESUNSF%FIAESS INdSEA Qgp73 Exhibit B, Page 22 of 28 Attachment 2 Page 26 of 47 911 Country Club Rd, Sle 320 • Eugene, OR 97401 260 Country Club Rd, Ste 12D • Eugene, OR 97401 Phone: 541. 741.1981 _a .\ P.O. Box 10211 • Eugene, OR 97440 Fax 541]41.0619 Phone: 541.687.9794 Fax 541.6829924 Eyergwn TITLE INSURANCE SERVICES • ESCROW CLOSINGS October 28, 2022 Order No. 22-25873 PRELIMINARY TITLE REPORT Springfield Utility Board Partial Billing $400.00 202 S. 18th Street Additional Chain Springfield, OR 97477 Attn: Amy Chinitz e-mail: amyc@subutil.com TOTAL $400.00 Dear Amy Chinitz: We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverage's as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE EXHIBIT "A"ATTACHED HERETO Showing fee simple title as of October 24, 2022, at 8:00 a.m., vested in: CITY OF SPRINGFIELD, acting by and through Springfield Utility Board Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid. Order No.: 22-25873 Page 1 of 4 Exhibit B, Page 23 of 28 Attachment 2 Page 27 of 47 SCHEDULE B GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other fads which a correct survey would disclose. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS: 6. The real property taxes for the fiscal year 2022- 2023 are exempted by virtue of City ownership. The company assumes no liability should the exempt status be lifted and taxes levied. (Mao No. 17- 02- 27- 00-02002, Code 19-09, Account No. 1799038) 7. Covenants, restrictions, and other notes as shown on Partition Plat No. 2007-P2118. 8. Restrictions as shown on the recorded plat as follows: "No buildings, structures, trees, shrubbery or other obstructions shall be placed on or located within the public utility easements" 9. Declaration of Temporary Non Exclusive Private Water Line Easement, including the terms and provisions thereof, by instrument Recorded May 3, 2007, Reception No. 2007- 029796, Lane County Oregon Records. 10. Public Water Utility Easement, granted to City of Springfield, a municipal corporation of the State of Oregon, acting by and through Springfield Utility Board, including the terms and provisions thereof, by instrument Recorded October 14, 2010, Reception No. 2010-052059, Lane County Oregon Records. 11. Perpetual Restrictive Easements, granted to City of Springfield, acting by and through the Springfield Utility Board, including the terms and provisions thereof, by instrument Recorded January 29, 2013, Reception No. 2013-005902, Lane County Oregon Records. 12. We are unable to ascertain from the records if the premises herein described has a means in ingress and egress to and from a legally dedicated road or highway, and for this reason such rights cannot be insured. NOTE: The address of the property to be insured herein is: 954 66th St., Springfield, OR 97478. NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) CITY OF SPRINGFIELD and SPRINGFIELD UTILITY BOARD, and as of October 24, 2022, none were found. INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF RESCISSION RECORDED IN THE LAST 24 MONTHS. OrderNa: 22-25873 Page 2 of 4 Exhibit B, Page 24 of 28 Attachment 2 Page 28 of 47 NOTE: The following applicable recording fees will be charged by Lane County First Page: $87.00 Each Additional Page $ 5.00 Non -Standard Document Fee $20. 00 E -Recording Fee $ 5.00 INFORMATIONAL NOTE: The current vesting deed and all changes back to the deed which vests ownership 24 months ago are as follows: WARRANTY DEED RECORDED JULY 19, 2010, FROM DON FAIRCHILD, SANDRA JEAN ZMOLEK, NICHOLAS WILLIAM PLATTAND SHARON KAY RODGERS, TO CITY OF SPRINGFIELD, ACTING BYAND THROUGH SPRINGFIELD UTILITY BOARD, RECEPTION NO. 2010-035247. NOTE: Due to current conflicts or potential conflicts between state and federal law, which conflicts may extend to local law, regarding marijuana, if the transaction to be insured involves property which is currently used or is to be used in connection with a marijuana enterprise, including but not limited to the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products containing marijuana, the Company declines to close or insure the transaction, and this Preliminary Title Report shall automatically be considered null and void and of no force and effect. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE Andrew Rollins Title Officer cc: NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. Order No: 22-25873 Page 3 d4 Exhibit B, Page 25 of 28 Attachment 2 Page 29 of 47 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1, Land Partition Plat No. 2007-P2118, recorded May 3, 2007, Reception No. 2007-029795, Lane County Deeds and Records, in Lane County, Oregon. OrderNa: 2&25873 Page 4 of 4 Exhibit B, Page 26 of 28 Attachment 2 Page 30 of 47 Exhibit B, Page 27 of 28 Attachment 2 Page 31 of 47 T272 90413.56 AC NW C( D. MC D.L.C. A FOR ASSESSMENT AND SECTION 27 T.1 7S. R.2W. W.M. TAXATION ONLY Lane County 1" = 400' Ul 9 - M f\, A 300 - OOOp00000pp00000000000000000000000000000000 00O 0000 p00 700 xee eovE nnnonw. 5EE MAP 7022200 00 00000000 0 A 1 00' / T O 900 NE COR. / 20. 85 AC NW COR. J. WH D.L.C. 1OJ. 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SPENCER O D.L.C. 68 0 SEE MAP 17022600 5F -1 000000000000000000000( et ]n paY pry 6 m:, um, e'Ssw9poVis_ e 15029.88 AC 4009 E azea E COR- soz.ow ow s$ h I OOO mOmWW SEE MAP CQ Q 17023522 00000 SEE MjP O 1702351 17022700 SPRINGFIELD LCATOGC - 2023-03-061000 CANCELLED 703 10011100 14001800 20002001 REVISIONS1NOS20ID-LCAT113-CONVERTWPTO GIS 1]/OYN10 - LCAT18] -MMC MAP CORR -TL 1101 00l ll-LCAT113-CODECORRTL001,0$ OYOP2@]-LC W -PT OF TL 1D32 OUT TO ROAD SPRINGFIELD 17022700 Exhibit B, Page 28 of 28 Attachment 2 Page 32 of 47 ANNEXATION AGREEMENT – Page 1 of 7 ANNEXATION AGREEMENT This Annexation Agreement (“Agreement”) is made between the City of Springfield, an Oregon municipal corporation (“City”) and Springfield Utility Board (“APPLICANT”). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield. B. APPLICANT has submitted to the City a request for Annexation, dated August 25, 2023, for Assessor’s Map No. 17-02-27-00, Tax Lot 02002, 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 R-1 residential district. E. Annexation of the Property requires a showing under SDC 5.7.140(C) 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 Exhibit C Page 1 of 7 Attachment 2 Page 33 of 47 ANNEXATION AGREEMENT – Page 2 of 7 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located in 65th Street with adequate capacity for a residential development at typical densities. The 8” main is not sized to support waste process water from a water treatment plant. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public storm sewer system is located along the western property boundary with sufficient capacity to accept runoff from the site, after appropriate onsite treatment per the requirements in the Springfield Development code effective at the time of site plan application. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to the current end of 65th Street. The portion of the adjacent property also owned by SUB (17-02-27-00-02003) that will form part of the water treatment plant that is outside the UGB also has frontage along 66th Street which is in the UGB and currently unimproved. • City block length standards for future development require this lot to have a road connection from 65th Street to 66th Street. Additional right-of-way dedication or a public access easement and provisions for installation of a muti-use path will be required for access from the existing neighborhood from the east through the site to Thurston Middle School. • The existing neighborhood to the south along 65th Street to Thurston Road does not currently have any secondary emergency access. The current number of homes from the single access point at 65th Street and Thurston Road is in excess of the current limit of no more than 30 dwellings without a secondary emergency access. The development of this lot with a high impact public utility installation will require a secondary emergency access for the existing homes on 65th street. This secondary emergency access may be combined with the required pedestrian access required above. J. 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: Exhibit C Page 2 of 7 Attachment 2 Page 34 of 47 ANNEXATION AGREEMENT – Page 3 of 7 AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. 1.1.1. Upon development of the property as a water treatment plant, APPLICANT shall provide public right-of-way or a public access easement from the current end of 65th Street to the School District property on the west (TL 17-02-34-12-00500) and to the eastern private lot (TL 17-02-3-12-00100) of at least 12 feet in width to accommodate a 10-foot wide multiuse path. The exact location of this path can be determined as part of the land use application. 1.1.2. Upon development of the property as a water treatment plant, APPLICANT shall provide an emergency access route from the current end of 65th Street to either the Thurston Middle School property or the eastern property boundary with TL 17-02- 34-12-00100, or both. The requirement for the public access easement (in Section 1.1.1 above) may be combined with the emergency access route requirement in this clause. 1.1.3. Upon application of land use approval for a water treatment plant, APPLICANT must provide a detailed capacity analysis for any planned process water discharges to the public sewer system in accordance with the requirements in Chapter 2 of the Engineering Design Standards and Procedures Manual (EDSPM). The applicant will construct any upgrades to sewer capacity shown by that analysis using the City of Springfield’s Public Improvement Permit (PIP) process or other applicable City permit process, with the full cost to be paid by APPLICANT. If the development of the water treatment plant will occur in phases, the construction of the off-site capacity improvements may be postponed until needed by that phase per the approved capacity analysis but must be done in a single project per land use approval. SUB water has prepared 12 discharge flow rate scenarios and modeled those different scenarios in cooperation with the City of Springfield Wastewater Master Plan models and presented the results in a sewer capacity analysis memorandum (Technical Memorandum: Thurston Road Sewer Capacity Evaluation Results and Discussion (Consor, April 27, 2023)). That capacity analysis can be used to meet this requirement as long as the approved site plan matches one of the modeled scenarios in the capacity analysis and meets the requirements of chapter 2 of the EDSPM for limits of the study at the flow rate specified. 1.1.4. The City of Springfield charges System Development Fees (SDC) for sewers based on Drainage Fixture Units (DFU) for typical uses per the adopted plumbing code for the City of Springfield. The primary load to the system from this development will be ‘wastewater’ from the treatment process and this does not fit into the standard DFU table. The applicant agrees to pay the local sewer system development charges based on Drainage Fixture Unit equivalent for the discharge level per the approved maximum discharge set by the site plan and building plan approvals. The conversion rate for Drainage Fixture Units to Gallons Per Minute is 1 DFU is 7.48 GPM. 1.1.5. The applicant agrees to obtain all the required permits and pay all charges for industrial discharge into the sewer system as determined by Metro Wastewater Management Commission (MWMC) which operates the sewage treatment plant located in Eugene and all conveyances to reach the treatment plant after the effluent leaves the City of Springfield sewer system. This changeover occurs at the Exhibit C Page 3 of 7 Attachment 2 Page 35 of 47 ANNEXATION AGREEMENT – Page 4 of 7 intersection of West D and Aspen at the former location of Springfield’s sewage treatment plant prior to the formation of MWMC. 1.1.6. In the event any part of the subject property is developed for residential uses, the development will be required to meet the above-referenced local street connectivity requirements at the time of development, with all costs paid by the APPLICANT or its successor. Construction of public improvements must occur through the City of Springfield Public Improvement Permit process or other applicable City permit process. 1.2. 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 land division or site plan review, as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. 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 City. Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request for 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. 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of a Site Plan Review, 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 Exhibit C Page 4 of 7 Attachment 2 Page 36 of 47 ANNEXATION AGREEMENT – Page 5 of 7 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 – Urbanization 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. Reserved. 10. Ballot Measures 37/49/ORS 195.300 et seq. 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. 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. Exhibit C Page 5 of 7 Attachment 2 Page 37 of 47 ANNEXATION AGREEMENT – Page 6 of 7 DATED this _____ day of __________, 20__. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date Its: STATE OF OREGON COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY AS OF (APPLICANT) NOTARY PUBLIC FOR OREGON } ss Exhibit C Page 6 of 7 Attachment 2 Page 38 of 47 ANNEXATION AGREEMENT – Page 7 of 7 CITY OF SPRINGFIELD By: ______________________________ Nancy Newton, City Manager STATE OF OREGON COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON } ss Exhibit C Page 7 of 7 Attachment 2 Page 39 of 47 TYPE 4 – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: SUB 65th Street Annexation Case Number: 811-23-000197-TYP4 Proposal Location: Vacant parcel at 954 66th Street (Map 17-02-27-00, TL 2002) Current Zoning & Comprehensive Plan Designation: R-1 / Low Density Residential (LDR) Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan Application Submittal Date: August 25, 2023 Public Hearing Meeting Date: November 20, 2023 Associated Applications: 811-23-000064-PRE (Development Initiation Meeting); 811-23-000134-PRE (Completeness Check 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 Safet y Gilbert Gordon 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Review Process (SDC 5.7.115): The subject annexation request is being reviewed under Type 4 procedures, without Planning Commission consideration. Development Initiation Meeting (SDC 5.7.120): A Development Initiation Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications, unless waived by the Director. Finding: In response to the applicant’s submittal, the City held a Development Initiation Meeting on April 20, 2023. Subsequently, a completeness check meeting for the annexation request was held on July 7, 2023 (File 811-23- 000134-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.” City Limits 65th Street 65th Place 66th Street Territory Proposed for Annexation Thurston Middle School Exhibit D Page 1 of 8 Attachment 2 Page 40 of 47 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 rectangular 4.41-acre parcel that is located to the north of Thurston Road at the northern end of 65th Street. The property is vacant and has frontage on the northern terminus of the 65th Street right-of-way. Physical access to the site is provided via a private driveway off 66 th Street. The subject parcel is inside the Springfield Urban Growth Boundary (UGB) and it is contiguous to the City limits along the western, sou thern and southeastern boundaries. The purpose for annexing the parcel is to facilitate rezoning and future development of a SUB Water utility installation on the site. The proposed utility installation would be for the collection, treatment and distribution of drinking water originating from nearby wellheads. Current zoning for the property i s R -1 Residential District (R-1) with an Urbanizable Fringe Overlay District (UF- 10) applied. After annexation, the UF-10 overlay will be removed and the subject property will remain within the R-1 Residential District. 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 McKenzie Fire and Rescue District). Springfield Utility Board (SUB) provides electrical and water service to incorporated areas of the Thurston neighborhood. There is no rural water district providing service to this unincorporated area of Springfield. SUB Water has existing water lines within the 65th Street and 66th Street rights- of-way adjacent to the subject site. The proposed SUB Water utility installation would tie into the existing water lines to deliver potable water to the City’s drinking water system. Upon annexation, the City of Springfield will be responsible for all urban services, including sanitary sewer, water and electricity (through SUB), transportation 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 October 31, 2023, which is more than 14 days prior to the public hearing date to 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 811-23-000197-TYP4. Newspaper Notice. Notice of the November 20, 2023 public hearing was published in the print version of The Chronicle on November 2 and 9, 2023. 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 November 20, 2023 public hearing was posted in three physical places in the City: at the northern terminus of 65th Street where it abuts the subject property; at the site driveway onto 66th Street; 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 of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on September 19, 2023, which is 62 days prior to the initial public hearing on the matter. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Exhibit D Page 2 of 8 Attachment 2 Page 41 of 47 Public Testimony Received. Prior to and during the public notification period staff responded to several telephone calls inquiring about the proposal, one telephone call requesting additional information, and one written comment was received by email from Beth Tarbuck, 1023 65th Street, Springfield: “Hello, I am the home owner of 1023 65th St, Springfield. I want confirmation that the proposed public utility installation will NOT be a waste water treatment plant. The ‘Nature of the Application’ states the plant will process drinking water. I am ASSUMING after some research that this will pull from ground/rain/lake/streams for treatment and will NOT process sewage. 1. Is my assumption correct? 2. Is there any way under R-1 of the SDC 3.2.200 and SDC 5.17.100, it could later be decided that this plant would be for waste water treatment? Thank you in advance for these assurances.” Staff Response: The application’s stated purpose for a “water treatment plant” generated concerns in the neighborhood because several respondents interpreted this as a facility for the treatment of waste water. Staff assured the callers and Ms. Tarbuck (via email) that all sanitary sewer effluent from the City is conveyed to the regional treatment plant at River Avenue in Eugene. This will continue to be the case for the foreseeable future because of the design of the City’s sanitary sewer conveyance system and the location, design and expansion potential of the existing regional treatment plant. Staff explained that the proposed SUB Water facility would be for the collection and treatment of drinking water from a network of wellheads in the immediate vicinity, and delivery of the water into the City’s potable water system. Staff also advised respondents that the annexation was an initial step in the process and additional land use actions would be required for the proposed water utility installation. The subsequent land use actions would include provision for public notification and also include more details about the nature and configuration of the proposed utility facility. Upon confirmation that the future SUB facility was for the drinking water system, no further comments or concerns were received from the respondents. No additional written comments were received during the continued public hearing that is being reconvened on January 2, 2024. 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 contiguous with the City limits along the western, southern and southeastern boundary. The proposal meets the requirements of SDC 5.7.140(A)(1) for contiguity to the current City limits. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with Criterion (A)(1) of 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 Exhibit D Page 3 of 8 Attachment 2 Page 42 of 47 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 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. The Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Following annexation, the applicant may initiate rezoning of the site in the future to accommodate planned water utility facilities on the property. 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 McKenzie Fire and Rescue District. The rural Fire District has a contractual service arrangement with Eugene-Springfield Fire Department for provision of fire response to unincorporated areas of Thurston and east Springfield. After the public hearing and Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the McKenzie Fire and Rescue 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. Approval Standard: 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. Finding: There is no rural water service district in this area of east Springfield. Therefore, upon annexation, the City by and through the Springfield Utility Board will provide water service to the annexation area. Further, SUB has a stated intent to develop water system facilities on the property following annexation to Springfield. Finding: In accordance with Policy 34 of the Springfield 2030 Comprehensive Plan – Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Comprehensive Plan – Urbanization Element, the City shall not extend water or wastewater service outside City limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate future development of urban water system facilities on the property. However, the site will require sanitary sewer service for planned water system facilities and other improvements on the property. The closest connection point is an existing 8-inch sanitary sewer line that terminates near the northern end of 65th Street (about 42 feet from the southern site boundary). A second potential connection point is another 8-inch sanitary sewer line that terminates at the northern end of 65th Place (about 92 feet east of the Exhibit D Page 4 of 8 Attachment 2 Page 43 of 47 eastern site boundary). Either location could be utilized for extension of sanitary sewer service to the property, although the 65th Place connection would require a private easement across an intervening property. Because of the close proximity of public sanitary sewer lines, this key service will be available upon annexation to the City - which is consistent with Policy 34. There is no proposal to extend sewer or water to a non-annexed area. Further discussion about the sanitary sewer system is found in Section C below. Conclusion: The proposal meets and complies with Criterion B of 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 Approval Standard: In accordance with Policy 29 of t he 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. Approval Standard: 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. Approval Standard: In accordance with Policy 32 of the Springfield 2030 Comprehensive Plan – Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits line along the western, southern and southeastern boundary. The proposal meets the contiguity requirements for the purpose of advancing this annexation request. Urban utilities including water, sanitary sewer and electricity have been extended along the adjacent 65th Street right-of-way and are available on the periphery of the annexation area to serve the subject property. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points on the periphery 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 Thurston and east 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 terminates at the southern boundary of the property where it abuts 65th Street. SUB also operates a 16-inch water main that runs within 66th Street, which is located to the east of the subject property but is along the frontage of the primary access driveway to the site. Upon annexation, the property will be eligible to receive SUB Water service. Electricity – SUB owns and operates an overhead electrical transmission line that runs along 66th Street, which is located to the east of the subject property but is adjacent to the primary access driveway serving the site. Underground electrical service is available along the southern boundary of the site where it abuts 65th 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 Thurston and east 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 McKenzie Fire and Rescue District. Upon annexation, the property will be Exhibit D Page 5 of 8 Attachment 2 Page 44 of 47 withdrawn from the rural fire district and 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. The subject site is close to Ruff Park, which is located just to the northeast of the property off 66th Street, and Lively Park which is to the west of the property. The subject property is identified as a potential connection location for a multi-use pathway running from 66th Street through to Thurston Middle School and Lively Park. The pathway would achieve objectives established by the City in partnership with the Safe Routes to School program and also improve connectivity for bicycles and pedestrians in the area while keeping non-motorized traffic off Thurston Road. 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 Thurston and east Springfield. 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. The site abuts Thurston Middle School to the west and is in the vicinity of Ridgeview Elementary School to the south. However, despite currently having R-1 Residential District zoning, it is expected that the annexation territory may be rezoned in the future to a facilitate construction of a public utility installation on the site. With the planned use as a water utility facility it is not expected that the property would generate a school-age population in the future. Sanitary Sewer – The annexation territory is proximate to existing sanitary sewer lines in 65th Street and 65th Place. The existing 8-inch sanitary sewer lines have sufficient capacity to accommodate domestic sewage flows from the future utility installation, such as employee restrooms, hand wash stations, sinks and floor drains. The applicant has provided information in the project narrative that significant volumes of process water generated at the facility also will be disposed through the sanitary sewer system. A capacity analysis of the sewer trunk line in Thurston Road was conducted by the applicant to determine if sufficient capacity exists for disposal of treatment plant process water. The applicant has expanded the scope of the capacity analysis to account for sewer system capacity from the subject property to the pump station at West D Street where it transitions to the regional sewer system operated by the Metropolitan Wastewater Management Commission (MWMC). The Annexation Agreement prepared for the property includes contingency measures to account for planned disposal of large volumes of process water into the sanitary sewer system. The proposed disposal method could generate downstream impacts requiring upgrading of facilities, flow metering, and other measures. A final annexation agreement incorporating said provisions has been prepared for signature by the City and applicant (Attachment 2, Exhibit C). Stormwater – The subject annexation territory is not currently served by a public stormwater management system although there are piped facilities within 65th Street about 350 feet south of the southern edge of the property. The closest public stormwater system is a 42-inch pipe within the Thurston Middle School site that is located just outside the western boundary of the annexation area. There is currently nearly 100% pervious surface on the subject property because it is a grassy field. With future utility system development on the property the applicant will be required to Exhibit D Page 6 of 8 Attachment 2 Page 45 of 47 manage stormwater on the site to the greatest extent possible, including provision for treatment and infiltration of runoff. Overflow to the nearby public stormwater system may be allowable depending on the final on-site stormwater system design prepared by the applicant and as permitted under the City’s stormwater development regulations in effect on the date of submittal. Review and approval of the proposed stormwater system will be done in conjunction with a future Site Plan Review process for the water utility installation. Streets – The southern boundary of the subject annexation area abuts the northern edge of 65th Street, which is classified as an urban local street. At the property frontage and extending southward to the intersection with Thurston Road, 65th Street is developed to urban standards with paving, curb and gutter, setback sidewalk, street lighting and discontinuous street trees. . At the private driveway intersection with 66 th Street and extending southward to the intersection with Thurston Road, 66 th Street transitions from a rural local road to an urban local street. Beginning about one block sout h of the property driveway, curb, gutter and sidewalk is developed on the west side of 66th Street while the east side lacks these facilities. Street lighting and a discontinuous line of street trees are also located along 66th Street. There are no current plans for 65th Street to be extended northward into the subject property or public street improvements anticipated in conjunction with future development of a utility installation on the property. Primary access to the site will remain via the existing driveway onto 66th Street. However, City block length standards require the subject property to have a connection between 65 th and 66th Streets. This connection can be made through a public right-of-way dedication or a multi-use pathway connection. The multi-use pathway would connect the Thurston Middle School site on the west with 66 th Street on the east. The existing neighborhood to the south along 65th Street through to Thurston Road does not currently have any secondary emergency access. The current number of dwellings taking access from the single public street connection at 65th Street and Thurston Road exceeds the current limit of not more than 30 dwellings without a secondary emergency access. For this reason, development of this property with a high impact public utility installation will require a secondary emergency access for the existing homes on 65th Street. This secondary emergency access may be combined another form of access such as a multi-use pathway. The applicant’s future obligations for provision of required public street improvements , multi-use pathway connections and secondary emergency access are outlined in the Annexation Agreement for the property. Any required improvements to the 65th Street frontage of the site or at the 66th Street access driveway will be reviewed and conditioned at the time of site development or redevelopment. 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 available to the site. For the provision of sanitary sewer, system capacity will be evaluated to confirm that sufficient capacity exists at the time of development, or can be provided through system upgrades paid for by the applicant . Conclusion: The proposal does not currently meet and comply with Criterion C of SDC 5.7.140. See Director’s Recommendation on page following. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Exhibit D Page 7 of 8 Attachment 2 Page 46 of 47 Finding: The area proposed for annexation is a vacant parcel currently zoned for R-1 residential use. Because of the inherent development potential of the property and uncertainties surrounding sizing and capacity of utilities serving the future intended use, an Annexation Agreement was drafted for the property to clarify the City and property owner’s responsibilities for improvements, triggering actions, and requirements for provision of urban services to the site. The City and property owner have not yet executed the Agreement and it is attached hereto for reference (Attachment 2, Exhibit C). Conclusion: Upon execution of the Annexation Agreement, t he proposal will meet and comply with Criterion D of 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 opened a Public Hearing on November 20, 2023 for the subject annexation request. The City Council moved to continue the public hearing to the regular meeting on January 2, 2024. Based 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 at the January 2, 2024 meeting. Zoning (SDC 5.7.150): The area requested for annexation is zoned R-1 Residential District and is designated Low Density Residential in accordance with the Springfield Zoning Map and the adopted Comprehensive 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 UF-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 November 20, 2023. The City Council continued the public hearing to the January 2, 2024 meeting. Second reading and potential adoption of the annexation Ordinance is scheduled for January 2, 2024. Therefore, the annexation and special district withdrawal will become effective 30 days later on February 1, 2024, or upon acknowledgement of filing with the Secretary of State – whichever date is later. 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 Water and McKenzie Fire and Rescue District (contracted fire response). The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation. Consistent with SDC 5.7.160, notice was provided for the public hearing on November 20, 2023. Withdrawal from the McKenzie Fire and Rescue District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the McKenzie Fire and Rescue 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: Conduct a second reading of the Ordinance and conclude the public hearing at the regular meeting on January 2, 2024 and subsequently take action to approve the Ordinance annexing the subject territory to the City of Springfield and Willamalane Park and Recreation District and withdrawing the territory from the McKenzie Fire and Rescue District . Exhibit D Page 8 of 8 Attachment 2 Page 47 of 47