HomeMy WebLinkAboutOrdinance No. 6469 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6469
AN ORDINANCE ANNEXING CERTAIN TERRITORY (VACANT PARCEL ADDRESSED AS 954
66T"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 661h 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
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 2nd day of January , 20247
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 2nd day of January , 2024.
Mayor
ATTEST:
REVIEWED&APPROVED
ASTOFORM
Ky'LW+iyt,KraaS
DATE: 1 2/7 Q/7 n73
City Recorder SPRINGFIELD CITY ATTORNEY'S OFFICE
Ordinance No. 6469
Exhibit A, Page 1 of 2
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.
Order No-, 22-25873
Page 4 of 4
Ordinance No. 6469
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Exhibit B, Page 1 of 28
City of Springfield SPRINGFIELD
Development & Public Works
22S Fifth Street
Springfield, OR 97477
Annexation Application Type 4
Annexation Application Copjpjg�teness Cheek: ..
Annexation Application Submittal:
1,jill
Property Springfield Utility Board (SUB) Phone: 541-726-2396
wner:
Address: 202 S. 18th Street, Springfield OR 97477 E-mail,
owner Signature:
Owner Signature: X
7
Agent Name: Flick Satre, AICP,ASLA, CS1 Phone: 541-686-4540
Company: THE Satre Group Fax:
1
1375 West 4th Ave., Ste. 201, Eugene, OR 97401 rick@salregroup.olcm
Address: E-mail
Agent
Signature:
If the applicant is other than the owner,the owner hereby grants permission for the applicant to act it his or her behalf, except
where signatures of the owner of record are required,only the owner may sign the petition.
ASSESSORS MAP
NO: 17-02-27-00 TAX LOT NO(S): 02002
Propertv Address: No Address - north end of 65th Street
Area of Request: 1 Acres:4.41 Square Feet,
Existing Use: Vacant
Proposed Use: Proposed future Water Treatment plant - Rezone to PLO
Reviewed
Case No.: Date: By;
(initials)
Project No.: Placard:
Application Postage Fee: Total Fee:
Fee:
Revised 04/17/2023 slm Page 8 of 16
Ordinance No. 6469
Exhibit B, Page 2 of 28
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.
Completeness Check
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.
Owner:
Date,
Sign-atu e
Greg Miller- Water Division Director- Springfield Utility Board
Print
Submittal
T 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 pi'cicessing the application with the Information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application,
Owner:
X Date:
sir natu e
Greg Miller- Water Division Director- Springfield Utility Board
Print
Revised 04/17/2023 slrn Page 9 of 16
Ordinance No. 6469
Exhibit B, Page 3 of 28
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.
R] Application Fee [SDC 5,7,125(13)(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.
r,i 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 bv PrODertv Owners FORS 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).
F-vi 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).
M 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).
z Copy of the Deed (required at application submittal)
@ 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 04/1.7/2023 slm Page 10 of 16
Ordinance No. 6469
Exhibit B, Page 4 of 28
z Annexation Description [SDC 5.7.125(B)(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,
z Cadastral' Map [SDC 5.7.125(13)(10)j
One (1) fuil-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.
ia 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,
z 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.
r,;i 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(13)(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 set-vices as defined in the Metro Plan can be provided in 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 s1m Page 11 of 1.6
Ordinance No. 6469
Exhibit B, Page 5 of 28
THE SATRE GROUP
PO Land Use Planners„ Landscape Architects, Environmental Specialists
375 West 4th Avenue, Suite 20'�'1, Eugene, Oregon 97e�4011
4,Ll U3LRP s ARAITE[11 t (54 9 I)686-4540 - �. atreglW oup.co
r�1
TRANSMITTAL
TO: City of Springfield DATE: August 25 , 2023
225 5th Street PROJECT: SUB—McKenzie River SUB Lot
Springfield, OR 97477 Annexation—Submittal Final
CLIENT PROD#:
ATTN: SG PROD#: 2133
1111111 ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�l a
TRANSMITTED: Herewith DISPOSITION: For Your Approval X
Separate Cover For Your Information/Use X
Other For Reply
�iI�II�II�Iillilnll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�ll�l�a
TRANSMITTED:
#Copies Item Dated No. Pages
In addition to this cover � e
1 paper copy and an electronic(CD) cop
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 Form 1 —Form 4
5. Responses to Completness
6. Written Statement
7. Annexation Agreement (Draft)
8. Deed
9. Title Report
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.
c�tuuuuiuiiiiuuiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui��
...............
COPIES TO: Agency BY:
File X..... Consultant Team X..... _T0+ui,,Arwteu-Sroiv
Client X Other John Anderson, ASLA,
Ordinance No. 6469
Exhibit B, Page 6 of 28
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 review this 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.
I. 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 A
boundaries.The Metro Plan designation, to
neighborhood plan designation and zoning
for the subject property is as follows:
Metro Plan: Low Density Residential III
Refinement None 00
Plan:
Base Zone: Low Density Residential
Overlay Urbanizable Fringe
Zone:
lrW TP R1
�
Subject Prope rty p IP Ii
Excerpt
Springfield Zoning Map
April 2023
B. Subject Site
The existing property is comprised of
one tax lot (Map 17-0227-00, Lot
02002).Tax Lot 2002 is accessed from
65th 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.
PLANNERS LANDSCAPE ARCHITECTS i ENVIRONMENTAL SPECIALISTS
217,Not, 4t[,, 201, Fuge�,ri(a,,OR 9740"l
0
phone:541.68C4540
vvvvv�.86 ugl Yip.W1 I'l I I
Ordinance No.
Exhibit B, Page 7 of 28
Springfield Utility Board—McKenzie Water Source Development page 2 of 4
Annexation—Written Statement
August25, 2023
C. Development Objective
The development objective for Springfield Utility Board (SUB)is to develop the lot with an
expansion of a water 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 5.7-14D of the Springfield Development Code
(SDC). Applicable sections of the Code are in bald italics followed by proposed findings of facts in
norm al 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-waxy 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 consistet with applicable polices in the Metro Plan and in
any applicable refinement plan or Plan districts;
.Response: The subject property is rp MP car
designated Low Density Residential on thetc
Eugene/Springfield Metro Plan diagram.
There are no applicable refinement plans or u
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 col
construct a water treatment plant.
MrKENZI
Metro(Plan IDiagrarn
METRO PLAN: Applicable policies of the Metro Plan are listed below:
Growth Management, Goals Findings and Policies:
• Policy 84. Land within the UGB may be converted from urbanizable to urban only through
annexation to a city when&is found that: A minimum of key urban facilities and services
can be provided to the area in an orderly and efficient manner.
The Satre Group w 375 West 4°",Avenue,Suite 201, Eugene,OR 97401 w(541)686-4540 w wwwsatreqroup,00rn
Ordinance No. 6469
Exhibit B, Page 8 of 28
Springfield Utility Board—McKenzie Water Source Development. Rage 3 of 4
Annexation—Written Statement
August 25, 202
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.
• Eplicy L.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.
• Polic -I66. 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 distric€s within
the UGB shall dissolve. The cities should consider developing intergovernmental
agreements, which address transkion issues raised by annexation, with the affected
special service districts.
Response:A special district providing services to the subject property is the VMllamalane
Park and Recreation District. Wllamalane is not contemplated to dissolve. VVillamalane
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.
• I=pky 2'l a. Men unincorporated territory within the UGB is provided with any new urban
service, that service shall be provided by the following 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 minitnum 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 Satre Group w 375 West 4°",Avenue,Suite 201, Eugene,OR 97401 w(541)686-4540 w wwwsatreqroup,00rn
Ordinance No. 6469
Exhibit B, Page 9 of 28
Springfield Utility Board—McKenzie Water Source Development. Page 4 of 4
Annexation—Written Statement
August 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 65th Street, on the southern
property line. Should sanitary infrastructure be needed for the subject
property in the future, service would be extended from 6511 Street.
Water: Similar to the sanitary service,the water lines are in 6611 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: 65t" and 6&hi Streets are local streets. 66h Street dead ends on the southern
property line and could be an entrance. The applicant has current plans to
access the property from 66ffi Street across the northern piece of property
owned by SUB.
Given this, criterion 5.7-140(C) is met.
D. Where applicable,fiscal impacts to the City have been mitigated through an 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 Satre rpu�r. rim.
Sincerely,
Rick Satre, AICP, ASLA, CSI, Principal/Partner
The Satre Group
The Satre Group w 375 West 4°",Avenue,Suite 201, Eugene,OR 97401 w(541)686-4540 w wwwsatreqroup, orn
Ordinance No. 6469
Exhibit B, Page 10 of 28
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$212,635 for the 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 &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 review 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.
gpqi:needp Public Works Comments:
1. Secondary emergency access from 65th,to 66M is required and an access easement from 65t"and
66th to the school will be required. This could be the same easementlaccess.
R_tsgonqq� 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 w#h 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.
PLANNERS LANDSCAPE ARCHITECTS i ENVIRONMENTAL SPECIALISTS
?,7Fi West 401, Swte 201, Ft�qpre,OR N401
ho net 41, .4 9686W
z19
P
Ordinance No. 6 ",
Exhibit B, Page 11 of 28
McKenzie Water Annexation Page 2 of 2
Completeness Meeting Notes
Map 17-02-27-00,Tax Lot 2002
August 25,2023
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 capacity upgrades,
stormwater requirements, and pedestrian access. The dedication of either ROW or at a minimum
easement for emergencylaccess easement will be required at annexation. The actual
construction of these will not be required until the ske developments with the water treatment
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.
Transpwtadon Engrijnae�eri Comments:
1 Acknowledgement and inclusion of provisions for a future multiuse path(through) the s#e must be
included in the Annexation Agreement to ensure future development will meet connectivity needs.
Re.pp.qnge.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 66h 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 4"1 Avenue, Suite 201,Eugene,OR 97401 o(541)686-4540 o www s jrqgr9,op&, _ ,p
Ordinance No. 6469
Exhibit B, Page 12 of 28
Applicatlon C qP 2009-
For City Use Only
FORM I
PETITION/PETITION SIGNATURE SHEET
Annexation by Individuals
ESDC 5.7.125(2)(b)(i)/ORS 222.170(l) 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 Willamalane Parks and Recreation District, as deemed necessary,
Date Residence Address Map and Tax Lot Number V
Signature Signed Print Name Land Acres
m/d/y (street,city,zip code) (example:17-04-03-00-00100) Owner (qtY)
Springfield Utility Board No Address 17-02-27-00-02002 Yes; (+
2.
3.
4.
s.
Note: With the above sl9nature(s),I am attesting that I have the authorlty to consent to annexatlon on my own behalf or on behalf of ray firm or agency. (Attach evidence 01'such
authorization when applicable„
I oi 'J 9AWX-160>^j ..........I (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence.
nature of circulator)
CERTIFrcATION OF OWNERSHIP
The total landowners in the proposed annexation are (qty). This petition reflects that--!—(qty) landowners(or legal representatives) listed
on this petition represent a total of 00 (016) of the landowners and W.(111o)of the acres as determined by the map and tax lots attached to the
petition, A&Tjs not responsible farbsequent deed activity that may not yet be reflected on the A computerized tax rail.
Lan cur part en v Assessment and Taxation
Date Signed and Certlfied
Revised 04/17/2023 sim 12 of 16
Ordinance No. 6469
Exhibit B, Page 13 of 28
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 Assessed imp. signed SIgned
Designation Name of Owner Acres Value Y/ N Yes No
(Map/lot nUmber)
17-02-27-00-02002 Springfield Utility Board 4.42 $212,635 N Yes
TOTALS: 4,42
TOTAL NUMBER OF OWNERS IN THE PROPOSAL
NUMBER OF OWNERS WHO SIGNED
PERCENTAGE OF OWNERS WHO SIGNED 100%
TOTAL ACREAGE IN PROPOSAL 4.42
ACREAGE SIGNED FOR 'i4.42
PERCENTAGE OF ACREAGE SIGNED FOR
100%
TOTAL VALUE IN THE PROPOSAL 1 $212,635
VALUE CONSENTED FOR
PERCENTAGE OF VALUE CONSENTED FOR
Revised 04/17/2023 s1m 13 of 16
Ordinance No. 6469
Exhibit B, Page 14 of 28
FORM 3
SUPPLEMENTAL INFORMATION FORM
(Complete all the following questions and provide all the requested information. Attach
any responses that require additional space, restating the question or request for
information on additional sheets.)
Contact Person: 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 A-rea 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 there development plans associated with this proposed annexation?
F—;
Yes I Y 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 No I'Y +
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 slur Page 14 of 16
Ordinance No. 6469
Exhibit B, Page 15 of 28
Does this application include all contiguous property under the same ownership?
Yes I I No 17 1
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
City.
9 Check the special districts and others that provide service to the annexation area:
* Glenwood Water District 0 Rainbow Water and Fire District
* Eugene School District 0 Pleasant Hill School District
* Springfield School District 12 McKenzie Fire & Rescue
El Pleasant Hill RFPD El Willakenzie RFPD
0 EPUD NJ SUB
R! Willarnalane Parks and Rec District 0 Other
a 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 Ai--\,f
(Name) (Name)
375 West 4th, Ste. 201 20;k- 50,AL-, 54ftA�
(Address) (Address)
Eugene, OR 97401 ^^OEAk 9 4 q47
(City) (zip) (City) (zip)
(Name) (Name)
(Address) (Address)
(City) (zip) (City) (zip)
Revised 04/17/2023 slur Page 15 of 16
Ordinance No. 6469
Exhibit B, Page 16 of 28
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:
17-02-27-00-02002 None
Map and Tax Lot Number Street Address of Property (if address has been
assigned)
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 [V(] indefinitely or until
Date
ignatures of Legal Owners
Please print or type name Signature Date Si ned
Greg Miller - Water Div. Dir.
;F
LCOCr U k6c.17008 BOUNCHAAW1 TRANSMONkAPPI IC477ON FORMS V5PRJWGf7RD1 10-03-08 UPDATED FORMS WRE-SUBMMAL ANNEXA710N APPLICATION 1007,M DOC
l 1st Saved: May 3,2023
Revised 04/17/2023 sim Page 16 of 16
Ordinance No. 6469
Exhibit B, Page 17 of 28
'NGIIN E E RING-C
Sines 1977
,Tune 1, 2023 civil � transportation
� ' "
structural - geotechnical
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 14' 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" 'hest, 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.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
NOVEMBER 30,2007"
RENEE CLOUGH
69162LS
RENEWAL DATE: 12/30/23
310 Sire Street,Siningfield,OR 97477 I 4r 41.7,16.0�637 wmv.brarrchene)trreerirNcl.t:<rpri
Ordinance No. 6469
Exhibit B, Page 18 of 28
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 2)]
SDC 5.7-125(B)(1 2) calls for: A public/private utility plan describing how the proposed affected territory
can be served by a fulftinimum level of key urban facilkies and services.
The Annexation Application calls for: A plan describing haw 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 theMetroPlan and how they will be met are as follows:
Storrnwater
Provider:
Current: On-Site: None.
Off-Site: Public—City of
Springfield.
Future: On-Site: Private—SUB. is
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 FRI,
property.
Public: No future extension. The Existing Storm and Sanitary Infrastructure
existing off site public City of Springfield
system will continue to be 2023
utilized.
4 LANDSCAPE ARCHITECTS
PLkNNERS LANDSCAPE ARCHITECTS s ENVIRONMEML SPECIALISTS
3 75VVest 41.,,1, Suite 201. Eu;ene,OR 9,14011
Phone:641.686.4540
4c4
Ordinance No. 6 "
Exhibit B, Page 19 of 28
Springfield Utility Board—McKenzie Water Source Development. Rage 2 of
Annexation—Public/Private Utility Flan
August 25, 202
Wastewater p
Provider: current: None.
Future: City of
Springfield. i
Existing Facilities: No public wastewater
system exists on the subject
property.There is, however,
existing public wastewater
infrastructure to the south,
in 65th Street.
r r/1
Service Extension. Should wastewater
infrastructure be needed for
the subject property in the
future, service would be
extended from 65t', Street.
a
Existing Storm and Sanitary(Infrastructure
City of Springfield
2023
Transportation
Provider: Streets: City of Springfield.
Transit: Lane Transit District (LTD).
Existing Facilities: Streets: Existing streets nearest the subject property, and available for access,
are 65th� Street to the south and 66th 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 of the property owner. Upon annexation,
service will be provided by a private service provider under contract with the City of Springfield. The
current service provider, under franchise 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 69hi Street. The
property is going to have a water
treatment plant on-site.
Service Extension: Service is on site and does not
need to be extended.
Existing Water(Infrastructure
Springfield Utility Board 70
2023
The Satre Group w 375 West 411,Avenue,Suite 201, Eugene,CAE 97401 w(541)686-4540 w w w satre rou .corn
Ordinance No. 6469
Exhibit B, Page 20 of 28
Springfield Utility Board—McKenzie Water Source Development. Page 3 of
Annexation—Public/Private Utility Plan
August 25, 202
,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.
C
Existing Electric in astructure HAI
Springfield Utility'Board
2023
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 Wiiliamalane 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
Centur'yLink 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 w 375 West 411,Avenue,Suite 201, Eugene,OR 97401 w(541)686-4 40 w www s ure rou .coo
Ordinance No. 6469
113H6RNTO CASCADE TiTLECn Exhibit B, Pag_e_21 of 28
_ Olvisicn of ChiQf_ Deputy-Clerk
�� "UJL
Lane County Deeds and Records L V L
��'� �Illlll! � Ill�lf��llf III�I�I� �IlE�ll�lf��III �'.oa
co. 01162 � 01000352470020027
o7���rzaia oi:a���s pM
TITLE NO. 0267072 LA16 RPR—DEED Cntnl Strr_9 CASHIER 06
ESCROW NO. EU10-1401 $10.00 $11.00 $16.00 $10.00
TAX ACCT,NO 1799038
MAFfTAX LOT NO, 17 02 27 92002
WARRANTY DEED--STATUTORY FORM
DON FAIRCHILD,SANDRA JEAN ZMOLF.K,NICHQLAS WILLIAM PLATT end SHARCIN KAY
RODGERS,Grantor,
conveys and warrants to
CITY OF SPRINGFIELD,ACTING BY AND THROUGH SPRINGFIELD UTILITY BOARD,Granite,
the following described real property free of encumbrances except as specifically set loth herein:
Parcel 1,Land Paniliott Plat No.2007-P2118,recorded May 3,2007,Reception No,2007.02W95,Lane
County Deeds and Records,in Lane County,Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRF.AROI1'rT'HF:PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195,301 AND I95,305 TO 195.336 AND
SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,AND SECTIONS T TO 9 AND 17,CHAPTER 855,OREGON
LAWS 1009,THIS INSTRUMENT DOES NUT ALLOW USE OF THE PROPERTY nFSr.RIRF.I)IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING OR
ACC EFT'ING THIS INSTRU MENT,THF.PERSON AC0UlRING FEE TITLE TO THE PROPERTY SHOULD CHECK
WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO vrmmy THAT THE UNIT OF LAND
BEING TP-iN4FERRRD IS A LAWFULLY ESTAFILISHFD L.OT'OR PARCEL,AS DEFINED IN ORS 92.010 OR
215.410,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING Olt FOREST PRACt•ICFA AS D,FINED IN OHS 311.930,AND TO IN(11IiRE ABOUT
THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195,301 AND I95.305 TO
195.336 AND SECTIONS 5 TO 11,CHAIYrER 424,OREGON LAWS 2607,AND SECTIONS S TO 9 AN I)17,CHAF7'F R
855,OREGON LAWS 3009.
Except the following encumbrances:
2010)]I TAXES WHICH AREA LIEN BUT NOT YET DUE AND PAYABLE.
COVENANTS,CONDITIONS,RESTRICTIONS AND EASEMENTS OF RECORD.
The true consideration for this ersnvuyance is$425,000.00 .
Bated this _day of ti1Lt �.
DON k CHIL NICHULAS WILLIAM A'iT
,9ANDRA'J2X OL.EK M A HONAYWWO
THE CONVEYANCE set forth in this Instrument conveying title or interest to the City of Springfield,acting by and
through Springfield Utility Board,is hereby approved,and the title or interest conveyed therein is hereby accepted.
CITY Of SPRINGFIELD.acting by and through Springfield Utility Board
By: Date: d
AS: h4re t✓
Springfield Utility Board
DUN FAIR{CHILD _ ^Tw Until a change is requested
85691 MANCIIES'I"1;R LANE all tax statements shall be
E.11tirmli„OF 97405 sent to the following address:
GRANTOR'S NAME AND ADDRESS "•SAMIE AS GRANTEE***
1<FKY'[39a8tI#[#i K►81113>S � Ater recording return to:
IAMXX1ffVJ0 W9 SPRINGFIELD UTILITY
ROARU
CASCADE TITLE CO.
mm _ 811 WILLAMETTE
RANT 'S NAMEND A AE3DRESS EUGEME,OR 47401
W RD-TA X
Ordinance No. 646
Exhibit B, Page 22_of 28
State of Oregon
County of LANE
This instrument was acknowledged before me on J1A A lL ,2010 by DON VAIRU111.,D,
SANDRA JEAN ZMOLEK,NICHOLAS WILLIAM PLATT id SHARON KAY RODGERS.
OFFICIAL SEAL, y (Nto - Ic for Qr�goner
I LISSA PATERSON SUT' MIELD � commis ' n ex fires (p
NOTARY PUBLIC-OREGON
` CONUSSION NO,4403'7
kl'ICOh1t�fSS!4N SPIRES S�EtdBEE;i6,2613
i
i
i
i
Ordinance No. 6469
Exhibit B, Page 23 of 28
911 Country Club Rd.Ste 320• Eugene, OR 97401 ' 260 Country Club Rd, Ste 120•'Eugene,OR 97401
Phone: 541.741.1981 P.o.'Pox 10211 -Eugene,OR 97440
Pax: 541.741.0619 "TM Phone° 541 687.9'794
10m u, 'Pax: 541687.0924
Ever r el .
TITLE INSURANCE SERVICES ESCROW CLOSINGS
October 28, 2022
Order No. 22-25873
PRELIMINARY TITLE REPORT
Springfield Utility Beard 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 SPRINOFIELD, 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
Ordinance No. 6469
Exhibit B, Page 24 of 28
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 facts which a
correct survey would disclose.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or worker's compensation
heretofore or hereafter furnished, imposed by law and not shown by the public records.
CURRENT EXCEPTIONS:
6. The real property LqX_qs 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. (Map 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-P211 8.
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.
Order No-, 22-25873
Page 2 of 4
Ordinance No. 6469
Exhibit B, Page 25 of 28
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
By: At*%
0A_ &e_#__#----
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.
OrderNo_• 22-25873
Page 3 of 4
Ordinance No. 6469
Exhibit B, Page 26 of 28
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.
Order No-, 22-25873
Page 4 of 4
Ordinance No. 6469
Exhibit B, Page 27 of 28
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Exhibit C 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,
storm-water management systems, interconnected transportation systems, and Fire and Life
Safety services necessary for an affirmative City recommendation for the annexation
request.
After Recording, Return to: Place Bar Code Sticker Here:
City of Springfield
Attn: Current Development Division
Development& Public Works Department
225 Fifth Street
Springfield, OR 97477
ANNEXATION AGREEMENT—Page 1 of 7 Ordinance No. 6469
Exhibit C 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 65 h 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.
L 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 65 h 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
66'h 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 65 h Street to 661' 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 65 h Street to Thurston Road does not
currently have any secondary emergency access. The current number of homes from
the single access point at 651' 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 65 h 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:
ANNEXATION AGREEMENT—Page 2 of 7 Ordinance No. 6469
Exhibit C 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 65 h
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 65 h 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
ANNEXATION AGREEMENT—Page 3 of 7 Ordinance No. 6469
Exhibit C 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
ANNEXATION AGREEMENT—Page 4 of 7 Ordinance No. 6469
Exhibit C 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. Invalidi1y. If any provision of this Agreement shall be deemed unenforceable or invalid, such
enforceability or invalidity shall not affect the enforceability or validity of any other provision
of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the
rights and liabilities of the parties hereto shall be determined in accordance with the laws of the
State of Oregon.
ANNEXATION AGREEMENT—Page 5 of 7 Ordinance No. 6469
Exhibit C 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 SS
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY
AS OF
(APPLICANT)
NOTARY PUBLIC FOR OREGON
ANNEXATION AGREEMENT—Page 6 of 7 Ordinance No. 6469
Exhibit C Page 7 of 7
CITY OF SPRINGFIELD
By:
Nancy Newton, City Manager
STATE OF OREGON SS
COUNTY OF LANE
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY
AS OF
(CITY)
NOTARY PUBLIC FOR OREGON
ANNEXATION AGREEMENT—Page 7 of 7 Ordinance No. 6469
Exhibit D Page 1 of 8
LLOREGON
I L
TYPE 4 -ANNEXATION
STAFF REPORT AND RECOMMENDATION
File Name: SUB 65' Street Annexation �
Case Number: 811-23-000197-TYP4
Proposal Location: Vacant parcel at
954 66'h Street(Map 17-02-27-00, TL 2002)
Current Zoning& Comprehensive
Plan Designation: (
R-1/Low DensityResidential LDR)
Applicable Comprehensive Plan:
and
Springfield 2030 Comprehensive Plan � /r
Application Submittal Date:
August 25,2023 1D1 Yyi ,I ��J
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 Safety 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(13)(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."
Ordinance No. 6469
Exhibit D Page 2 of 8
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 arectangular 4.41-acre parcel that is located to the north
of Thurston Road at the northern end of 65'Street. The property is vacant and has frontage on the northern terminus
of the 65' Street right-of-way. Physical access to the site is provided via a private driveway off 66' Street. The
subject parcel is inside the Springfield Urban Growth Boundary (UGB) and it is contiguous to the City limits
along the western, southern 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 is R-1 Residential District(R-1)with an Urbanizable Fringe Overlay District(UF-
10) applied. After annexation, the OF-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 65' Street and 66' 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 65' Street where it abuts the subject property; at the site driveway onto 66' 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.
Ordinance No. 6469
Exhibit D Page 3 of 8
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 65' Street, Springfield:
"Hello, I am the home owner of 1023 65`" St, Springfield. I want confirmation that the proposed public utility
installation will NOT be a wastewater treatment plant. The Nature of the Application'states the plant will process
drinking water. I am ASSUMING after some research that this will pull fi^om ground1rainllake/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 222.11 l(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
Ordinance No. 6469
Exhibit D Page 4 of 8
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-I 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 ubanizable 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 651' 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 65'Place (about 92 feet east of the
Ordinance No. 6469
Exhibit D Page 5 of 8
eastern site boundary). Either location could be utilized for extension of sanitary sewer service to the property,
although the 65'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 the Springfield 2030 Comprehensive Plan Urbanization
Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in
accordance with the Springfield Comprehensive Plan and Springfield Development Code.
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 65' 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
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Exhibit D Page 6 of 8
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 66' 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 66'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 65"Street and 65'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 Q.
Stormwater — The subject annexation territory is not currently served by a public stormwater management system
although there are piped facilities within 65' 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
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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 65' Street, which is
classified as an urban local street. At the property frontage and extending southward to the intersection with
Thurston Road, 65' 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' Street and extending
southward to the intersection with Thurston Road, 66' Street transitions from a rural local road to an urban local
street. Beginning about one block south of the property driveway, curb, gutter and sidewalk is developed on the
west side of 66' 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 65' 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 66' Street. However, City block length standards
require the subject property to have a connection between 65' and 66' 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' Street on the east. The existing neighborhood to the south
along 65' 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 65'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 65' 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 65' Street frontage of the site or at the 66' 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.
Ordinance No. 6469
Exhibit D Page 8 of 8
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 Q.
Conclusion: Upon execution of the Annexation Agreement, the 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 OF-10 overlay will be automatically removed and the
property will retain the R-1 zoning.
Effective Date and Notice of Approved Annexation (SDC 5.7.155): The subject annexation request was presented
to the City Council for consideration at an initial public hearing on 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.
Ordinance No. 6469