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Home My WebLink AboutOrdinance No. 6470 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6470 AN ORDINANCE ANNEXING CERTAIN TERRITORY (RESIDENTIAL PARCEL ADDRESSED AS 1010 KINTZLEY AVENUE AND IDENTIFIED AS ASSESSOR'S MAP 18-02-06-24, TAX LOT 3800 AND AN ABUTTING SEGMENT OF KINTZLEY AVENUE PUBLIC RIGHT-OF-WAY) TO THE CITY OF SPRINGFIELD; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7.100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on September 7, 2023, said territory being Assessor's Map Township 18 South, Range 02 West, Section 06, Map 24, Tax Lot 3800 and an approximately 45-foot wide by 213-foot long segment of Kintzley Avenue 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 1010 Kintzley Avenue 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 density 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 withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; 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, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Willakenzie Rural Fire Protection District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development & Public Works Director or their designee shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7.155. Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 5. Effective Date of Ordinance. This Ordinance shall become effective 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 � AS TO FORM City Recorder DATE: 12/7Q/7073 SPRINGFIELD CITY ATTORNEYS OFFICE Ordinance No. 6470 Exhibit A, Page 1 of 2 B h B an,c LEGAL DESCRIPTION Sime Ir ANNEXATION APPIICATION TM 1 -02-06-24, TL 3800 Imm Branch Engineering Inc. Project No. 23-108 Situated in the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 18 South, Range 2 West, Willamette Meridian, and described as follows: Being a portion of Lot 1, Block 1.9 of Douglas Carden recorded in Book 4, Page 73 in the Lane County Oregon Plat Records, together with a portion of the Ki tzley Avenue right- of-way being more particularly described as follows: BEGINNING at the northeast corner of Lot I of Mountainvale recorded in they Lane County Oregon Flat Records said point also being on the southerly margin of the jasper Road right-of-way, THENCE along said southerly margin South 80022'00" East 217.82 feet, more or less, to a point on the easterly margin of the Ki.ntzley Avenue right-of-war, THENCE along; said easterly marlin South 001,06'06" West 212.93 feet more or less; THENCE leaving said easterly margin at right angles North 891,53'54" West 45.00 feet, more or less, to a point on the westerly margin of the Kintzley Avenue right-of-way, said point also being on an easterly extension of the northeasterly boundary of Lot 5 of the aforesaid Mountainvale; Tk--IFNCE along said northeasterly boundary and its easterly extension North 80°22'00" West 172.19 feet,more or less, to the northerly corner of said Lot 5, said corner also being on the easterly boundary of said Mountainvale; THENCE along said easterly boundary North 00006'06" Fast 220.49 feet, more or less, RETURNING to the POINT of BEGINNING. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON NOVEMBER 30,2007 RENEE CLOUGH F97E2L5 RENEWAL DATE: 1Tl3dl23 EUGENE—SPRINGFIELD PHILOMATH 310 Seh Street,Springfield, OR 97477 i p: 541.746.0637 1 www.branchengineering.com Ordinance No. 6470 Lu b tj av b` = x C/a A,mrvF o �isss '<,r Ay;r ' \ ¢ i t R al lu .. ..e_-�s.-cu....,...._ko IF, ox: t •�..„,„... rn Z k" z I I ° r T m a a ,. a � ti SOO 06'06 w 212 A+ d � I r i I ,:/� j////�'"/iri��/o�i�l��wJ�/��// --__--. •r-,-'�, ,p w �r7N Inv n i IziNl� � � - I 00 CCY o 7j 1- K% 0.r •, lJl � 1 � ,„, I d�• ,17 (1N6F Idlno �• "� ' ' -IJ6iS aiasc 4. I nA>s ui � I I 111 ram' lYl 16 �n�/S a S I� v afl �� I �� / ' _ I! ...'-.. .. � w •.ter.�i w uu Wuumw s � � y a ww wZ �o r 2 W U yr 6 tt r ICA O I I �w° 1 Exhibit B, Page 1 of 19 City of Springfield Development & Public Works 3 225 Fifth Street Springfield, OR ,97477 Annexation Application Type IV 11 IN Annexation_A lication Pre.-Sqbmittall: Annexation .....A....... lsica:t_ion Submi ttal: Pr`oPrt Owner: MeresaSchonIPhone:- 7m46-4355 Address 1010 Kin:zley Avenue, Springfield, OR7E-mail: ' ............... Owner Signature: —1 ----------Owner Signature: ..........— .......... ............ Agent Name: Andrew Strout Phone (541)-746-0637 Branch Engineering Inc Fill Address: 310 5th Street, OR 97477 andrews@branch i E-mail emineerina-com .............. Agent Signature: LZ ; -, "2�'111' If the applicant is other than the owner,the ow hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP NO: 1 18-02-06-24 TAX LOT NO( ,Pro er YAddress: i 1010,,.K.intzley Avenue, Springfield, OR 97477 Area of Re gyest: l Acres: 0-86 Feet-. ............. .......... ,Existing Use(s) Residential of Property: Proposed Use Residential of Property: ........................... ewed By: Da i'lsj Reviewed By: Case N o. te- 7 Fees ,'I'Lf late a�L 2,02 �Application Fee: Postage Fee: Total Fee".,"" .. ................. ...... Revised 4/8/14 61 Podift6MNo. 6470 Exhibit B, Page 2 of 19 Owner Signatures This application form is used for both the required pre submittalmeeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. ............ ............... Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: Date: Signature .................. ............................ ------..... ........................... Submittall I represent this application to be comjAete for submittW to the City. Consistent with the CIDMPIeterleSS check perforn"ied on this appUcation at the PrP;,-SUbrriittal Meeting, i affirm the inform ton identified by the City as necessary for rig the applUcation is provided herein or the information will nat be provWed K riot othenNise confained within the submittal, and the My may begin Processing the app ication wlith the information as SLjhrnild(�,�d. This sLatu-nerit sorv0s, as writteri noUcc pursuant to the requirernents of OR 227.178 peitaining to a cornpiete application, Owner: Date: Signature Print ....................................... ... ...... Revised 4/8/14 83 A n'c'e 4 o. 6470 Exhibit B, Page 3 of 19 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. ..... .......................111111... .. ....................._...... --------- .............. . .........__........... ..................... Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting, If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: Date: Signature Print ..................... .........—- ............... .... ......... .............. Subrnittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed art this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the Information will not he provided if not otherwise contained within the submittal,and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS' 227,178 pertaining to a complete application. Owner: Jr AA Date: gnature Print ........... . ...... Ordinance No. 6470 Exhibit B, Page 4 of 19 Z in Q7 tj rN rr W tA E E 122 7a 0 CD 40 -0 E Cp CD t2 C:) r =;C� CD 3: 'q I- Z >- 00 CD 4- m X C) 0 U I-r I WT cu CL C CL CD E 3. I m V) -s X C m '- -1 V) 0 LA LA 0 1 LU 41 ro w b uj C7 ro ro CU Q) 3: 0 CU j6J Z V) 03 ru i eY = > ti UJ X 4— 0 a) ru > ON E OR - < .5 aJ C u N 0 C) 0 (n 2 4F ru C. V) 0 0 4� U. Lq ra X Vi 0 w ® E --q Z ;Ll Qj S3 (u V) .2 4-J 4- ru 0 C) ru X ul N C m (U r 0 m r 4- M IT" N1.14 r- 4- fa 0 Q 0 E Qj CL C) 4� Im 0 3: L- 0 .- Cd CL C) E UJ [I r �s z CU qj w L� C: = CD 4� a) =3 • en 4J L- C 06 0o CL (U u. 0 U 0 Lo r t nL (1) IN CL rZ 1, Z 1 M U J > 0 0 U 4-j C 0 o 1 =2 - I ""�, LL (U as :Ll r-L Ul M 4J 0 X kA uj CL ru ICL a U) 0 m Ordinance No. 6470 Exhibit B, Page 5 of 19 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) lease include the name and address of ALL ownersregardless of whether they signed an annexation petition or not, OWNERS property Designation Assessed Irn . Signed signed (Map/lot number) Name of Owner Acres Value Y/ N Yes No 18-02-06- 48 3 00 "lies°esa Schoonover O3 40,943 Right-of-way ' 0.22 €1 Y X ...... TOTALS, 1_08 S240,9,431 _.... ......... T L. NUMBER OF OWNERS I ...TH NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED 00% TOTAL ACREAGE IN Pk..... — ... _... 1 0 ACREAGE SIGNED FOR 6 PERCENTAGE OE OF ACREAGE SIGN ED FOR _...100%, TOTAL VALUE IN THE PROPOSAL ' S240, 4" VALUE CONSENTED FOR __.... .. _ _..._...._.... __ 4i 4 PERCENTAGE OF VALUE CONSENTED FOR Revised 4/81 Ordinance No. 6470 Exhibit B, Page 6 of 19 FORM 3 SUPPLEMENTAL, INFORMATION FORM (Comptate all the rollowing questions and provide all the renjuested infarrykation, Attach anY IWSAOnsr' additional space, ree.,tat aim gthe qtwsuorp arrequest,Abr info rpnotiorp an a(lefitionaisipeetsj, Contact Person: Andrew Strout E-rnaik andrews@branchenginecring.com --................ Supply the following inforination regarding the annexation area. a Esbmated Population (at present), e Number of' Existing Residential Unft: a Other Uses., N/A Land Area: total acres Existing Plan Desig nation(s), -1,DR ......... Existing Zoning(s): _R,1 Existing Land Use(s), Residential&public right-of-way * Applicable Comprehensive Plan(s): MCIrO Plan ............ * Applicable Refinement Plan(s): N/A ....... ..... * Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. ............. The annexation is consistent wi#i th .......... y& jj d Ime tro Mpq. P -21-115i el ..........-................. —-----........... —— -------------- * Are there development plans associated with Ws Proposed annexation? Yes No If yes, describe. ...............----............ * Is the propow-0 use or development all loved on the property under, the c�jrrent plNzn designation and zoning? yes X No * Please describe her the prDposed annexation iS COrItigUOUS to Ole City fiMits (non-contiguous annexe Wns cannot be approved tinder, 5.7-140, Criteria). Thcneighbor ig properfiesto thic west and the north are within city limits, .................................... ........Rev�sed 4,18,114 IEll Page 15 of 17 Ordinance No. 6470 Exhibit B, Page 7 of 19 Doesthis application include all contiguotis property under the same ownership? yes X No If no, state the reasons why alp property is not inckided: ------------ Check the special districts and others that provide senAce to the annexation area; 13 Glenwood cater~ District 0 Rainbow Water and Fire District 13 EL]qene School District El Pleasant Hill SchoOl District Springfield School District 0 McKenzie Fire & Rescue 0 Pleasant Hill RFPO Willakenzie RFPD 13 IEPUD SUB M Willamalane Parks and Rec District 0 Other Names of persons to whom staff notes and notices should be sent, in addition to appficant(s), such as an agent or legal representative. David Schoonover Andrew Strout 1.010 Kintzley Avenue ....... 3 10 Sth Street (Addr-ess) (Address) Springf ield 97477 Springrield 97477 (City) F )(zip (zip) j7W—' ---" —---------............ ")rne) (Name) --—------ (Address) --..... .................. . ...... ............ X-ity) (00) (01y) Revised 4/8/14 8J Page 16 of 1.7 Ordinance No. 6470 Exhibit B, Page 8 of 19 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: 1.8-02-06-24-03800 101.0 Kintzley Ave, Spyingfield., OR, 97478 ........ ........... 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 N indefinitely or until Date Signature.s. of Le a_l---Qw.n e rs;............. ................................................................................—........... ........-............ Please print or t p _na.me Date Signed ............... Date.............. M1 --—--------------rF Jr v ............... ..................................... ................................................................................... .......... ..................................... .................. ..................... —----- .............................. ---........... ......... ...... ............. .... . ................. .......... ......................-..................... ..............----—-----—-------...........................------ .......................................................- ........................... LCOG., L'400208 BOUNCHAArrF TRAN5FTT0NVPP1JrAT70fj F0RMrj.WtNr r7R 0�:E 0-0J.06 CJPDATFfl FOR 14�.4FRE-5UBMFFTAL ANNEXA 17ON APPI ICATFON In-07-68 Mr iRstSaved. January 19,20.26 Revised 4/8/14 BJ Page 1.7 of 17 Ordinance No. 6470 E it B Page 9 of 19 (B-ranch September 6, 2023 ``'' G IN EER " PROJECT NARRATIVE ME= CITY OF SPR.INGFIELD ANNEXATION Branch Engineering Inc. Project No. 23-1.08 This annexation proposes to incorporate a portion of Lot 1 of Block 19 of the Douglas Gardens Subdivision (TM 1.8-02-06-24; TL 3800) and a portion of the Kinitzley Avenue right-of-way. Exact locations of all these portions of land can be found on the map submitted as part of this application. The following describes how this annexation complies with SDC 5.7-1.2(b)(13) and(1.4): PAW The affected territory proposed to be annexed is within the City's Urban Growth Boundary, and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right-of-way or a stream, lake or other body of water. The property ft contiguous with city limits along its westerly and northerly edge. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; The property is currently zoned as P1 in the City of Spring f ield s zoning map which is consistent 41th the Trugene/Spring field Metro Plan. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient and timely manner; and All utilities, including water, electric and sanitary, are located within the annexation area or are directly adjacent- to the annexation area within dedicated ,public right-of- way. See the .Public:1lWate Utility.Plan submitted with this application for additional details. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism.approved by the City Council. An Annexation Agreement or either City approved mechanism will be signed prior to annexation. EUG ENE-SPRi MCFIFLQ 310 5th street, Springfield, OR 97477 1 p, 541.74G.0637 ( wwv.hranchengineering,com Ordinance No. 6470 Exhibit B, Page 10 of 19 B h B an,c LEGAL DESCRIPTION Sime Ir ANNEXATION APPIICATION TM 18-02-06-24, TL 3800 Imm Branch Engineering Inc. Project No. 23-108 Situated in the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 18 South, Range 2 West, Willamette Meridian, and described as follows: Being a portion of Lot 1, Block 1.9 of Douglas Carden recorded in Book 4, Page 73 in the Lane County Oregon Plat Records, together with a portion of the Ki tzley Avenue right- of-way being more particularly described as follows: BEGINNING at the northeast corner of Lot I of Mountainvale recorded in they Lane County Oregon Flat Records said point also being on the southerly margin of the jasper Road right-of-way, THENCE along said southerly margin South 80022'00" East 217.82 feet, more or less, to a point on the easterly margin of the Ki.ntzley Avenue right-of-war, THENCE along; said easterly marlin South 001,06'06" West 212.93 feet more or less; THENCE leaving said easterly margin at right angles North 891,53'54" West 45.00 feet, more or less, to a point on the westerly margin of the Kintzley Avenue right-of-way, said point also being on an easterly extension of the northeasterly boundary of Lot 5 of the aforesaid Mountainvale; Tk--IFNCE along said northeasterly boundary and its easterly extension North 80°22'00" West 172.19 feet,more or less, to the northerly corner of said Lot 5, said corner also being on the easterly boundary of said Mountainvale; THENCE along said easterly boundary North 00006'06" Fast 220.49 feet, more or less, RETURNING to the POINT of BEGINNING. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON NOVEMBER 30,2007 RENEE CLOUGH F97E2L5 RENEWAL DATE: 1Tl3dl23 EUGENE—SPRINGFIELD PHILOMATH 310 Seh Street,Springfield, OR 97477 i p: 541.746.0637 1 www.branchengineering.com Ordinance No. 6470 Ex t B, Page 11 of 19 anch September 6, 20`�3 . A,EN I N E E R f N U since 197, PUBLIC/PRIVATE LMMY PLAN OEM CITY OF SP GFIELD ANNEXATION Branch Engineering Inc. Project No. 23-108 This annexation proposes to incorporate a portion of Lot 1 of Block 19 of the Douglas Gardens Subdivision (TM 1.8-02-06-24; TL 3800) and a portion of the Kint,zley Avenue right-of-way, exact locations of all these portions of land can be found can the map submitted as part of this application. Wastewater Servic+ s/S it Sewers The annexation area is fronted to the east by a 8.0" sanitary sewer main line running north within the right-of-way of Klntzley Ave that connects into a 2 r.00" Trunk Line at the intersection of K.intrley Ave & Jasper Rd. All the developable area within the annexation area has direct access to this sanitary sewer. Stormwater Services Stormwater facilities front the annexation area both to the east and north in Kintzley Ave and Jasper Rd rights-of-way, respectively. All the developable area within the annexation area has direct access to this stoninwater service. Soli,d'Waste Management The annexation area is within the service area of private waste disposal services. Water Services Springfield Utility Board (SC.113) has sendee connections located within K.intrley Ave and Jasper Rd right-of-way, Fire... d Fmergen±cy_1vledical Services Currently, the annexation area is within the Willakenzie Rural Fire Protection District, but at the time of annexation, will be withdrawn.. Once ann.exed., the area will he within the Eugene Springfield Fire District. Police Protection Currently, the Lane County Sheriff provides police services to the areas outside the city limits adjacent to the annexation area. After annexation, the City of Springfield police will provide police protection to the annexation area. EIJGEN E-SPRINGER ELD 310 Skh Street,Springfield, OR 97477 ! p: 541.746,0637 1 www.branchengineering.com Ordinance No. 6470 AnnexatiorP4069vaPtARQAa9f 19 So ternber 65,2023 Ol ula Parrs and_Rec _Recreation PrQuani Willamalane Park and Recreation District %ri.11 provide park, open space, and recreation services to the annexed property at the effective date of annexation. Electrical Services The Springfield Utility Board (SUB)provides electric services to the area to be annexed. Land-1-Use.-Controls The annexation area is within the Urban Growth Boundary for Springfield. After annexation the city will administer land use controls. CommunicationFacilities Wired and wireless communication services are provided to the Springfield portion of the Metropolitan Area and the annexation area can generally receive service from these private providers. Public Schools Springfield School District 19 provides the City of Springfield K-12 educational needs. The existing district's public schools that will serve the annexation area are Douglas Gardens Elementary School, Agnes Stewart Middle School, and Springfield High School. Brinch Engineering, Inc, Page 2 of 2 Ordinance No. 6470 Exhibit B, Page 13 of 19 v ��o BARGAIN SALE DEED 9738497 KNOW ALL MEN By THESE PRESENTS,That Leslie E,'and Term M. Schoonover,Csrantor(s),in 3 consideration of the • tance by the City of Springfield, Oregon,grantee,and the use or holding of said property for prelsent or future public:use by grantee, grantor hereby grants, bargains, sells and conveys unto the said grantee, its successors and assigns, all the following real property, with the tenernertts, hereditaments and appurte , situated in the County of Lane and State of G(egLwn, bounded and described as follows: p" A PORMON OF THAT PRopnRTY CONVE'i'ED To LESLIE E.AND'TERISA M.SCHOONOVER FAY"IT'M DEED RECORDED MAY 12, 19SO AT RIML 1072R,RECEPTION NO 8024044,LAIC F COUNTY OFFICIAL RECORDS WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: RMIMINO AT A POINT ON THE SOUTH RI -O -wAl'OF JASPER ROAD"IRTY(30.tSC3� i FEET FROMCENTERLINHWHEN MEASURED PERPENDICULAR TO SAID CE TERU E]AND � ON T)45 VMST RIGHT OF WAY OF KINTZLFY STRUT MWENTY (20.OD) FEET FROM ENr LRLME �S PERPENDICULAR TO SAID CENTERLINE) AND l CONSISTING OF A TRMOLE WITIi SIDES Or FIFTEEN (15.00) FEET ALONG THE A17OIZEDESCPIBED RIGHT OF WAY Or LASPER.ROAD RUNNING WESTERLY I-ROM THE � POINT OF BEG N(15.00)FEET ALONG THE AFORF:ISESCRIBE D RIGHT OF WAY OF KINMLEY STREET RUNNING SOUMERLY)FROM T146 POINT OF IdEt fll+KING. p E COI+ITAINING 114 SQUARE FEET MORE,OR.LESS, i The same hereby and forever dedicated to the public to be used as public road, � TO HAVE AND TO BOLD, the above described ,and granted premises unto the said grantee, ire � sumsers and assigns forever. i The monetary consideration for this conveyance is LrJ IN S WHEREOF,the grantors above named have hereunto set their hands and seals this � ' .... day of , I9 . r f , M914MR.€6'97€04REe lot" STATE OF OREGON ) W-94-JIN.Rb'97M04PFM I0.00 S5 `m COUNTY OF LANE ) r } Personally appeared the above,named and acknowledged the foregoing instrument to be ^voluntary act and deed. i r ' OFFICIAL HAL. Kr:Y'A t LE E2GONNOTAIA P OR 1VON N609483NIMM�S1ANA a IV(StaPy Public for Oregon Return to: City of Springfield 4 Public Works Dept,225 Fifth Street,Springfield, Oregon 97471 Tax Account J Ordinance No. 6470 .................................... ............. ............ .d �- Exhibit B, Page 14 of 19 —, 9738497 EXHIBIT FOR CITY OF rSPRINGFIELD RIGHT-OF-WAY ACQUISITION � FROM ISSUE E & TFRESA M. SCH001V VER TAX MAP 18-D2-06--24, TAX LOT SBOO ROAD ... AREA Off" WPM 20 25 r e RECEP j- 770N No. .: 8024044 PROF Z'8816 AL LAND SURVEYOR......�_ SCAR.E?v furAV Bra-rich En meerlR& 11m & EXNRES DEC. N. 1997 PROJECT No, 6- JX _- W W 557 3 Ordinance No. 6470 �--- Exhibit B, Page 15 of 19 C i Al. I,r, f 4 � i I h;' j p �t .Y �:d qqi I stite of Oregon County of lane—ss. t,the Cowty Clerk,in and fai the M d Comely,do lrrteby /cmiy that the WOM . jrfSYrU&tl7eflt 15fa5 TI:CGIW:Mt IOT PerppPSt 9' k � 1197 JUN @ PM 2*39 :. r named Lana County OFFICIAL Rectutis t Lase Cmunty Clerk rR ' r •Crrunty Clerk N P f x e: 4 Ordinance No. 6470 Exhibit B, Page 16 of 19 I IIWI II II I�I IIW��II IIII IIII IIII� STATUS OF RECORD TITLE REPORT BRANCH ENCTNEERI G Data: TTlNl" 13, 2523 AT'TN; DAVTD C.IICOI�OV- R Our No: C'T-0339860 Ymi r No,: --- Charge: $300.00 As requested, Cascade Title Co. ha.s searched our tract indices as to the following de.sc^ri.hed real r,roperty: { A T T A C H E D ] and as of: MAY 31, 2023 at 8:00 A.M., we find the fol.lowi.ng- Ve tee— TE:'RESA M. 3CROONOVER Said property is suh.-]ect to the fallowing on reccnrd rnatterrs: i. Rights of the public in and to th,7t port-ion 1.yi.nq within streets, roads and highways, 2_ Spri.ngfi.eld Utility Boafd Rligh.:-of-Way Easement, including the terms and provisions thereof, grant.ed. the City of Spri.ngf.i..eld, a m:ini.ci.pal cr.-,por,ation, aot::i.rag by and through its ;pr.a. gfi+ ld Utility So a-i'd, by instrument recorded orded Dc c:nmhr:r 22, 1 98 7, Reception No. �'�I1"d tla",�}„'.y. $�9, Larie County Official Records. 3. Notice of Deferred Assessment, as levied by the City of Sp.r.i ngfield, in they amourat of $3,489.74. NOTE: The property address as shown on the Assessor's Roll. is: 101.0 K.int vley Avenue Spri-ng:f:i.e,1.d, CIS 97478 NOTE: Taxes, Account No. 0566057, Assessor's Map No, t ' 0'," 06 2' 11 , Conic 1.3--24, 2022-2023, in the iarnount: of$3, 396.5:3, 72ATD ZIP FULL MAIN OFFICE FLORENCE OIFFICE VILLAGE PLAZA OFFICE 911 WILLAME=ST. 7.15 HWY 101 *PLORENGE,(111.LOON 97439 4750 VILLAGE PLAZA LOOP SUITE 100 EUGENE,OREGON 97401 MAILING,PO BOX 508 s FL€3RENCE,OREGON 97439 EUGENE,OREGON 97401 PH: (541)697-2233*FAX. (541)485-,DI07 PH: (541)997-8417*FAX: (541)997-8246 PH: (541)653-9622�FAX- (541)944-1626 Ordinance No. 6470 Exhibit B, Page 17 of 19 Or-'der No. 0339860 Page 2 This report is to be utilized for information only. This rC--,j-')ort, is not to be used as a basis for transferring, encumbering or foreclosing the real property describi,-,d. The liabilivy of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hRrpmndr..r. CASCADE TTTT,E CO., by: rmh/rh: Title Officer: KURT BRINY Ordinance No. 6470 Exhibit B, Page 18 of 19 Order No. D339860 Page 3 PROPERTY DESCRIPTION Beginning at, a point in the- center of County Road No. 49, which point is South il�)" 22' East 453.05 feet fron a point on the line between the claims of Isaac Briqqs and Reuhpn Ha.rper, said last mprtioned point being 640.45 feet North of the Soiitheast corner of said Isaac Briggs Donation Land Claim N�:>. 83, Townzhip 1.8 South, Ravqe 2 West of the .. Willamette Meridian, from said place of beginning ru S n oiith 80' 221 Fast along the center of said County Road 192.65 feet; thence loaving said County Road and run SrTlth along the center of a certain road 251.05 feet; thence leaving said last ment-ioned road and ri.in North 80" 221 West 1.92.65 feet, thence 'NorLh 251.05 leet to the piace of begi-nning, being. a part, of said Rei..iben Harper Donation Land Cla.irn in Sect-ion 6, Township 18 South, Rang-e 2 West of the Willarn(---.tte Meridian, in Lane County, Oregon, FXCEPT THEREFROM that portion described in Deed to the City of Springfield ,recorded Jun 6, 1997, Reception No. 9738497, T,ane Courity Dffic,,i.al in Lane County, Oregon, Ordinance No. 6470 Exhibit B, Page 19 of 19 III CASGADETITI E 0. MAP NO. 18-02-06-24 *WIII L [111jr NBC Mir 10,12AISM 53 f 1,0 il of C n G,1,4 JC jvp 11a 7 AC MCI 4 9C CIA 115 AC 380D A Ilk, Eln 50, ift I 133: J54W 2 3 ODO (IA3AC 2203 Lai 1 02 M,'� Dol C I'l" 3, 221406 A Cc 77,00 1 ; 011 '2V px� 4 qw, ill 11� &W 111 Pm '�k ." p ................ 21201 G 700 37100 p0 26 AC MISAC 3"N 2100 0 2 At; js R9VI: Mor 1020 AC III (5900 2 SAW ISAC 3,1 IFJ Njjj 'J. 4, 'n 7100 0 V Ar 2700 7000 S1 017 AC t &CASAC nz Sx! i Onrl THIN M,1k-P/PLA1TFS HEING I"URNISHED AS AN AID IN LCKWING 111E HEXEI[Iii DESCHl LI%JI1flD U1114 RELAITON 31)ADJOH11141rillCr' S]'REETS,N)VYLTR,IE-, VIFY),01,11jr Eft Liiklq]), A214111) IS rlffff IN SUIVIII 01,1-T1J,ELA,.1 1) I[,,0T111, EXTEN]',%.W)LIC"i." OF TITI.X 1'1111STJRV,11110E N' Is"JI(PlItESSLY IVICATIMIEDR1," 1FATNIV111",I'll E, NOT INSURE IRMENSICE"116, Di Si"I'A f"111410ES, LOCY"i 110 N OFIEASERIVNIA A(C1L[6,,11lv1UF OR 01 1`11ER MA111,ri,FIRS S110i'IN111111114 'n I E,I�IIE()'IN, Ordinance No. 6470 Exhibit C, Page 1 of 8 ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation("City") and Teresa M Schoonover. ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City of Springfield a request for Annexation, dated for Assessor's Map No. 18-02-06-24, Tax Lot 03800, which is not currently municipally addressed and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF-10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Lane County Clerk Development&Public Works Department Lane County Deeds and Records 2023-030549 225 Fifth Street I I, I I I ! � I II it I I Springfield, OR 97477 $112.00 02092345202300305490080080 10/20/2023 01:59:16 PM RPR-ANNX Cnt=1 Pgs=B Stn=2 CASHIER 02 $40.00$11.00$61.00 ANNEXATION AGREEMENT—Page 1 of 7 Ordinance No. 6470 Exhibit C, Page 2 of 8 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 8"existing public sanitary sewer main is located along Kintzley Avenue and has service laterals stubbed out to this lot. The existing main and trunk line in Jasper Road has sufficient capacity for residential development of this lot. H. A public 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 in Jasper Road and is the regional trunk line for this area. There is a main running down Kintzley and an existing inlet at the corner or Jasper and Kintzely. The storm sewer system has sufficient capacity for accepting the existing runoff from this lot. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Kintzley Avenue which is currently a county facility and partially improved with a 20' wide asphalt mat for paving. The property has frontage along Jasper Road that is improved with paving, curb and gutter, and sidewalks. No street trees are currently planted along Jasper Road. • Jasper Road have sufficient existing ROW width and no dedication of ROW is required for this annexation or subsequent development that conforms to existing residential zoning. • Kintzley is currently 45' wide along this property frontage, The city standard ROW width for a 28' wide street is 49'. A dedication of 4' will be required as part of the annexation. • Jasper Road is classified as a Minor Arterial roadway and is improved to current City standards except for street trees. No new access will be granted from this lot or any subsequent subdivision of this lot to Jasper Road. • Kintzley Avenue is classified as a County Local Access roadway and is not improved to current City standards. Any development for subdivision of this lot will require full improvements to be added to Kintzley for this lot's frontage. A portion of Kintzley was fully improved on the west side to the south of this development as part of the Mountainvale Subdivision. The improvements along Kintzley for this lot will need to match those improvements as much as possible. J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below,APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now,therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: ANNEXATION AGREEMENT—Page 2 of 7 Ordinance No. 6470 Exhibit C, Page 3 of 8 AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals,APPLICANT agrees to perform the obligations set forth in this section upon subdivision or any development that results in addition of dwelling units to the existing lot. 1.1 Applicant shall dedicate an additional 4'or ROW along Kintzley to allow for future roadways improvements to match the existing improvements to the south completed as part of the Mountainvale subdivision PIP (P31054 Mountainvale Subdivision). 1.2 APPLICANT upon any subdivision or addtion of units other than a single ADU shall construct full frontage improvements using the City of Springfield's Public Improvement Permit(PIP) along Kintzley from the intersection with Jasper Road to the southern property corner consisting of street lights, setback sidewalk, street trees, curb and gutter and paving to the existing asphalt mat of no less than 3' minimum width but no more than the centerline of the adjacent travel lane per city standard street section shown in Figure 4.2-r in the Springfield Development Code. 1.3 APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.4 In determining APPLICANT's share of costs for the improvements described in this Agreement,the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies,permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of Cilw . Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANT's defense of any appeal of a decision to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Runninsi With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. ANNEXATION AGREEMENT—Page 3 of 7 Ordinance No. 6470 Exhibit C, Page 4 of 8 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of building permit approval,partition, or subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Ri� _ ht of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents, and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— 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. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. Cily of Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS_195.3.00 et sec . APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. ANNEXATION AGREEMENT—Page 4 of 7 Ordinance No. 6470 Exhibit C, Page 5 of 8 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity,meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. ANNEXATION AGREEMENT—Page 5 of 7 Ordinance No. 6470 Exhibit C, Page 6 of 8 DATED this-L—day o�, �� o IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date Its: " �' w°' � STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ' ,20�3BY LIU �dl��wo__.AS .. OF (APPLICANT) OFFICUV.STAMP ,� � � . w fthun TARY PUBUC-OREGONCOMMISSION .1039871 �,YPUBLIC O OREGON A.-18.2W ANNEXATION AGREEMENT—Page 6 of 7 Ordinance No. 6470 t Exhibit C, Page 7 of 8 CITY OF SPRINGFIELD 0e, Niel Laudati, AIC City Manager STATE OF OREGON r SS COUNTY OF LANE J THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 20 �BY kv (CITY) OFFICIAL STAMP ALLYSON D PULIDO NOTARY PUBLIC FOR OREGO NOTARY PUBLIC-OREGON N COMMISSION NO.I OV411 y C I I I() EXPIRES OCTOB�ER 18, '0. -� x_. ANNEXATION AGREEMENT—Page 7 of 7 Ordinance No. 6470 Exhibit C, Page 8 of 8 EXHIBIT A Beginning at a point in the center of County Road No. 49, which point is South 800 22' East 453.05 feet from a point on the line between the claims of Isaac Briggs and Reuben Harper, said last mentioned point being 640.45 feet North of the Southeast corner of said Isaac Briggs Donation Land Claim No. 83, Township 18 South, Range 2 West of the Willamette Meridian, from said place of beginning run South 80` 22' East along the center of said County Road 192.65 feet; thence leaving said County Road and run South along the center of a certain road 251.05 feet; thence leaving said last mentioned road and run North 800 22' West 192.65 feet; thence North 251.05 feet to the place of beginning, being a part of said Reuben Harper Donation Land Claim in Section 6, Township 18 South, Range 2 West of the Willamette Meridian, in Lane County, Oregon. EXCEPT THEREFROM that portion described in Deed to the City of Springfield recorded June 6, 1997, Reception No. 9738497, Lane County Official Records, in Lane County, Oregon. Ordinance No. 6470 Exhibit D Page 1 of 7 LLOREGON I L TYPE 4 -ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Teresa Schoonover Annexation Case Number: 811-23-000212-TYP4 "J Proposal Location: Residential parcel at 1010 Kintzley Avenue (Map 18-02-06-24 r J 1 Tax Lot 3800); and abutting segment of public right-of--way for Kintzley Avenue ti4 Y Current Zoning& Comprehensive Plan Designation: R-1/Low Density Residential(LDR) �„" IJIIIJJJ,rr{�'JJJf/JJ/Illll/JJ�f�'' � r Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan � ^ Application Submittal Date: September 7 2023 Public Hearing Meeting Date: � November 20, 2023 SIVA Associated Applications: 811-23-000054-PRE (Development Initiation Meeting); 811-23-000176-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 13,2023. Subsequently, a completeness check meeting for the annexation request was held on August 11, 2023 (File 811-23- 000176-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 Ordinance No. 6470 Exhibit D Page 2 of 7 of their land." Finding: The property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield(Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7.125 have been met. Site Information: The subject annexation area consists of a rectangular 0.86-acre parcel that is located at the southwest corner of the Kintzley Avenue and Jasper Road intersection. The property contains an existing single- unit dwelling and accessory buildings in the southern half of the parcel. The property has frontage on Jasper Road along the northern boundary and Kintzley Avenue along the eastern boundary. The subject parcel is inside the Springfield Urban Growth Boundary (UGB) and it is contiguous to the City limits along the western and northern boundaries. Concurrent with annexation of the subject property, an approximately 45-foot wide by 213-foot long segment of Kintzley Avenue public right-of-way abutting the site is proposed for annexation. The purpose for annexing the parcel is to allow connection of the existing single-unit dwelling to City sanitary sewer service and to facilitate further residential development on the site. Because the public sewer line was recently installed in Kintzley Avenue it is timely and appropriate to concurrently annex the adjoining segment of public right-of-way. At the time of public sewer line installation in Kintzley Avenue a service lateral was extended to the subject property which simplifies the sewer connection process. Current zoning for the property and the Kintzley Avenue public right-of-way 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 and public right-of-way 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 Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) provides electrical and water service to incorporated areas of south Springfield. There is no rural water district providing service to this unincorporated area of Springfield. SUB Water has an existing 6-inch water service along the eastern edge of the annexation area where the public line extends southward from Jasper Road along Kintzley Avenue. 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 811-23-000212-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 four physical places in the City: at the northwestern property corner along Jasper Road;at the northeastern property corner at the intersection of Kintzley Avenue and Jasper Road; at the southeastern property corner along Kintzley Avenue; 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 Ordinance No. 6470 Exhibit D Page 3 of 7 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. Public Testimony Received. Staff responded to one telephone call from an adjacent property owner inquiring about the proposal. After explaining the annexation process to the respondent they expressed no further concerns about the proposal. No written comments were received prior to or 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 and northern boundary. The right-of-way proposed for concurrent annexation is contiguous with the City limits along the northern 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 revised and expanded upon adoption of Ordinance 6361 in 2016. The revised and expanded UGB is delineated on an individual tax lot basis and has been acknowledged by LCDC. Territory within the acknowledged UGB ultimately will be within the City of Springfield. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan- Urbanization Element as a component of Springfield's comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. The Urbanization Element has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area that is zoned R-1 which is consistent with the Low Density Residential plan designation. The adopted elements of the Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the zoning or plan designation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Ordinance No. 6470 Exhibit D Page 4 of 7 Finding: The continued annexation of properties to the City of Springfield is consistent with Policy 29 of the Springfield 2030 Comprehensive Plan Urbanization Element which specifies annexation as the preferred mechanism for provision of urban services to properties within the UGB, which will result in the elimination of special districts within the urbanizable area. Finding: More detailed discussion of Public Facilities and Services in the Metro Plan(Section III-G)and the Eugene- Springfield Public Facilities and Services Plan(PFSP)—a refinement plan of the Metro Plan—contemplates eventual elimination of special service districts within each city's UGB as annexation occurs incrementally. Policy G.9 of the Eugene-Springfield PFSP states that Eugene and Springfield and their respective utility branches, Eugene Water &Electric Board(EWEB)and Springfield Utility Board(SUB),shall ultimately be the water service providers within their respective urban growth boundary. The requested annexation is consistent with this adopted policy. Finding: The territory requested for annexation is currently within the service area of the Willakenzie Rural Fire Protection District. The Willakenzie Rural Fire Protection District has a contractual service arrangement with Eugene-Springfield Fire Department for provision of fire response to unincorporated areas of south Springfield. After the public hearing and Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.520 and 222.524 and the City of Springfield will provide fire and life safety services to the annexation area via the consolidated Eugene-Springfield Fire department. 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 south Springfield. Therefore,upon annexation,the City by and through the Springfield Utility Board will provide water service to the annexation area. Finding: In accordance with Policy 34 of the Springfield 2030 Comprehensive Plan Urbanization Element,when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by 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 Springlield 2030 Comprehensive Plan Urbanization Element, the City shall not extend water or wastewater service outside City limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate connection of the existing dwelling to City sanitary sewer and to allow for further residential development on the property. Because there is an existing sanitary sewer line within Kintzley Avenue and a lateral has been extended to the subject property, this key service will be immediately 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. 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. Ordinance No. 6470 Exhibit D Page 5 of 7 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 and northern 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 Kintzley Avenue 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 south Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. SUB operates a 6-inch water line that runs along the east side of Kintzley Avenue across from the subject property. According to SUB Water, sufficient capacity exists for extension of water service to the existing dwelling and future dwellings on the remainder of the site at R-I residential densities. 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 Jasper Road and parallel with the northern boundary of the site. An overhead electrical service for a pole with a yard light is provided to the subject property from the Jasper Road frontage. A second overhead electrical transmission line runs southward along the east side of Kintzley Avenue,which is across the street from the subject site. The existing dwelling has an overhead service provided from the Kintzley Avenue frontage. 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 south Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff's Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services —Fire protection is currently provided to the annexation area by Eugene-Springfield Fire Department under contract with the Willakenzie Rural Fire Protection District. Upon annexation, the property will be 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 to Springfield residents 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. Notably,the Middle Fork Pathway trailhead is located directly west of the subject property at the "elbow"of Jasper Road and 32' Street. According to the Willamalane District Map, the subject property is already annexed to the Willamalane Park & Recreation District. Library Services —Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Ordinance No. 6470 Exhibit D Page 6 of 7 Schools — The Springfield School District serves this area of south Springfield. The subject property contains a single-unit dwelling and has the potential for additional future residential development. For this reason, it is expected that the annexation territory will continue to sustain permanent residents and could generate a school-age population in the future. The Springfield School District has capacity to serve the annexation area in its current configuration, and in the event the property redevelops in the future. The site is in close proximity to Douglas Gardens Elementary School to the northeast and Agnes Stewart Middle School to the west. Sanitary Sewer — The annexation territory contains a segment of public sanitary sewer line within the Kintzley Avenue right-of-way. The public sanitary sewer line was installed to serve the adjacent Mountainvale subdivision and existing residences on Kintzley Avenue as annexation occurs. In anticipation of future connection to City sanitary sewer, service laterals were extended to some of the existing properties along Kintzley Avenue,including the subject site. Upon annexation, City sanitary sewer service is available at the property frontage. The applicant has executed an Annexation Agreement with the City to facilitate connection of the existing dwelling to City sanitary sewer(Attachment 2, Exhibit Q. Stormwater — The subject annexation territory is not currently served by a public stormwater management system although there are facilities within Jasper Road along the northern property boundary. The Jasper Road frontage is the closest location for piped stormwater facilities available to serve the subject site. The existing single-unit dwelling, driveway and accessory buildings can continue to drain to the interior of the subject property and infiltrate. Future residential development on the property will be required to manage stormwater on individual parcels and limit runoff as required under the City's stormwater development regulations. Streets—The eastern boundary of the subject annexation area abuts Kintzley Avenue,which is classified as a Lane County Local Access Road. Kintzley Avenue is not developed to urban standards and it has an asphalt mat driving surface along the site frontage. South of the subject property, Kintzley Avenue has been partially developed with curb, gutter and sidewalks along the western edge where it abuts the Mountainvale subdivision. With future development or redevelopment of the subject property, the Kintzley Avenue frontage would need to be improved to City standards with curb,gutter, sidewalk and street trees. Additionally,the Kintzley Avenue right-of-way is 20 feet from centerline along the property frontage but 25 feet from centerline for other properties within the Mountainvale subdivision to the south and along the eastern side of the right-of-way. Future dedication of a 5-foot width of right-of-way will be required concurrent with development or redevelopment of the subject property. The transportation improvements required for the property at the time of redevelopment are outlined in the attached Annexation Agreement. Along the northern boundary of the site, Jasper Road is developed to urban standards with curb, gutter, sidewalk, striped vehicle and bicycle lanes, street lighting and discontinuous street trees. Any required improvements to the Jasper Road frontage of the site will be reviewed and conditioned at the time of site development or redevelopment. Solid Waste Mana eg Went—The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac. Communication Facilities—Various providers offer both wired and wireless communication services in the Eugene- Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls — The annexation area is within Springfield's urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the Springfield 2030 Comprehensive Plan Urbanization Element are immediately available to the site, or can be provided at the time of development. Conclusion: The proposal meets and complies with Criterion C of SDC 5.7.140. Ordinance No. 6470 Exhibit D Page 7 of 7 D. Where applicable,fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The area proposed for annexation is a residential parcel containing an existing single-unit dwelling. The property is large enough to support additional residential development and this is one of the stated reasons for the applicant to request annexation. Because of the further development and redevelopment potential of the property, an Annexation Agreement was prepared 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 executed the Agreement and it has been recorded against the property at Lane County Deeds&Records (Attachment 2,Exhibit Q. Conclusion: The proposal meets and complies 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 Willakenzie Rural Fire Protection 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 Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts within the City's UGB are to be dissolved over time. DIRECTOR'S RECOMMENDATION: 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 withdrawing the territory from the Willakenzie Rural Fire Protection District. Ordinance No. 6470