HomeMy WebLinkAboutItem 03 Zientara AnnexationAGENDA ITEM SUMMARY Meeting Date: 3/4/2024
Meeting Type: Regular Meeting
Staff Contact/Dept.: Tom Sievers, DPW
Staff Phone No: 541-726-2333
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve Infrastructure
and Facilities
ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX 0.19 ACRES OF
RESIDENTIAL PROPERTY LOCATED AT 1717 KELLOGG ROAD (MAP 17-03-33-11, TAX LOT
00301) AND CONCURRENTLY ANNEX A SEGMENT OF KELLOGG ROAD.
ACTION
REQUESTED:
Conduct a second reading, and adopt/not adopt the following ordinance:
AN ORDINANCE ANNEXING CERTAIN TERRITORY (1717 KELLOGG ROAD, AND
APPROXIMATELY A 260-FOOT-LONG SEGMENT OF KELLOGG ROAD) TO THE CITY OF
SPRINGFIELD; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER
AND FIRE DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE (SECOND READING).
ISSUE
STATEMENT:
The City Council is requested to consider an ordinance to annex 0.19 acres of property zoned and
designated R-1 Residential District that is located at 1717 Kellogg Road in south Springfield.
Concurrently with annexation of the subject property, staff is recommending annexation of public right-
of-way for approximately 260 linear feet of Kellogg Road. The proposed annexation is requested to
facilitate connection to the City sanitary sewer due to a failing septic system.
ATTACHMENTS: Attachment 1: Location Map
Attachment 2: Ordinance with Exhibits
Exhibit A: Site Map and Legal Description
Exhibit B: Annexation Application
Exhibit C: Annexation Agreement
Exhibit D: Staff Report and Recommendations
DISCUSSION/
FINANCIAL
IMPACT:
The City Council is authorized by Oregon Revised Statutes (ORS) Chapter 222 and Springfield
Development Code (SDC) Section 5.7.100 to act on annexation requests. In accordance with SDC
5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective on
the day following the general election, November 5, 2024, or upon acknowledgement by the State,
whichever date is later.
The territory requested for annexation is a linear segment of the Kellogg Road right-of-way extending
from the north side of the site subject to annexation (1717 Kellogg Road) and extending east to the
eastern boundary of Lot 2 of Gardenway Park (Book 57, Page 29) for approximately 260-feet and the
subject residential property. The residential property is zoned and designated for R-1 Residential District
use with an Urbanizable Fringe Overlay (UF-10), and it is located inside the City’s Urban Growth
Boundary (UGB). The UF-10 overlay will no longer apply upon annexation.
As outlined in the attached staff report (Attachment 2, Exhibit D), the annexation area can be served
with the minimum level of key urban facilities and services as required in the Springfield 2030
Comprehensive Plan – Urbanization Element. The attached staff report also confirms the request meets
the criteria of approval for annexations established in SDC 5.7.140.
Recommendation: The subject property complies with the standards and provisions of the SDC and
applicable ORS for annexation; Council is requested to conduct the second reading for approval of
annexing this property to the City and withdrawing from the Rainbow Water and Fire District.
LOCATION OF PROPERTY SUBJECT TO ANNEXATION
SITE
Attachment 1 Page 1 of 1
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN TERRITORY (1717 KELLOGG ROAD AND PUBLIC
RIGHTS-OF-WAY FOR AN APPROXIMATELY 260-FOOT LONG SEGMENT OF KELLOGG ROAD)
TO THE CITY OF SPRINGFIELD; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW
WATER & FIRE 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 December 12, 2023, said territory being
Assessor’s Map Township 17 South, Range 03 West, Section 33, Map 11, Tax Lot 301, which is
addressed as 1717 Kellogg Road and is generally depicted and more particularly described in Exhibit A
to this Ordinance;
WHEREAS, the concurrent annexation of an approximately 260-foot long segment of Kellogg Road and
as generally depicted and more particularly described in Exhibit A to this Ordinance is in the public
interest as the City has existing public sewer line within this street;
WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of 1717 Kellogg
Road initiated the annexation action by submittal of the required application forms and petition for
annexation attached hereto as Exhibit B to this Ordinance;
WHEREAS, this annexation has been initiated in accordance with SDC 5.7.125(A) and ORS 222;
WHEREAS, the territory proposed for annexation is within the Springfield Comprehensive Plan Urban
Growth Boundary and is contiguous to the city limits. (SDC 5.7.140(A));
WHEREAS, the annexation is consistent with the Springfield 2030 Comprehensive Plan – Urbanization
Element requiring annexation to the City of Springfield as the highest priority for receiving urban services;
WHEREAS, 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 City, and to withdraw the subject
territory from the Rainbow Water and Fire 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; and
WHEREAS, on February 20, 2024, the Springfield Common Council conducted a public hearing and 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
Attachment 2
Page 1 of 37
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 Rainbow Water & Fire 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 not become effective during the
period beginning after the 90th day before a primary election or general election and ending on the day
after the election, May 22, 2024, or upon the date of its filing with the Secretary of State as provided by
ORS 222.180, whichever is later.
ADOPTED by the Common Council of the City of Springfield, this day of , 2024,
by a vote of _____ for and _____ against.
APPROVED by the Mayor of the City of Springfield this day of , 2024.
ATTEST:
Mayor
City Recorder
Attachment 2
Page 2 of 37
Exhibit A
Page 1 of 6
Attachment 2
Page 3 of 37
Exhibit A
Page 2 of 6
Attachment 2
Page 4 of 37
Exhibit A
Page 3 of 6
Attachment 2
Page 5 of 37
Exhibit A
Page 4 of 6
Attachment 2
Page 6 of 37
Exhibit A
Page 5 of 6
Attachment 2
Page 7 of 37
Exhibit A
Page 6 of 6
Attachment 2
Page 8 of 37
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Annexation Application Type 4
SPRINGFIELD
1k
Application Type (Applicant: Check one)
Annexation Application Completeness Check:
Annexation App.lication Submittal: IZI
Required Proposal Information (Applicant; Complete This Section)
Property Shellila L. Zientara
Owner: Phone:
Address: 29712 Gimpl Hill Rd Eugene, OR 97402 E-mail:
Owner Signature:
Owner Signature:
Agent Name: Jed Truett Phone: 341 302-9830
Company: Metro Planning, Inc Fax:
Address: 846 A St Springfield, OR 97477 E-mail
led@metroplanning.com
Agent
Signature:
If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf, except
where signatures of the owner of record are required, only the owner may sign the petition.
ASSESSOR'S MAP
NO: 17033311301ITAXLOTNOS
Property Address: 1717 Kellogg Rd Springfield, OR 97477
Area of Request: Acres: 0.19 1 square Feet: 8276
Existing Use: Single family dwelling
Proposed Use:
Single family dwelling
Required Property Information (City Intake Staff: Complete This Section)
Reviewed
Case No.: Date: By:
initials
Project No.: Placard:
Application
Postage Fee: Total Fee:
Fee: i
Revised 04/17/2023 slm Page 8 of 16
Exhibit B
Page 1 of 16
Attachment 2
Page 9 of 37
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:
Signature
Print
Submittal
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Completeness Check Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin 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:
Date:
nature
1/aE-wo2k!gD
Print
Revised 04/17/2023 slm Page 9 of 16
Exhibit B
Page 2 of 16
Attachment 2
Page 10 of 37
o 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.
o Cadastral Map [SDC 5.7.125(B)(10)]
One (1) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County
Assessor's tax map that shows the proposed annexation area in relationship to the existing city
limits. Paper copy maps must be printed to scale. On all submitted maps the annexation area
must be outlined in redline with survey courses and bearings labeled for cross-reference with the
metes and bounds legal description. If the annexation area extends across more than one tax
map, sufficient copies of each affected tax map must be provided. Please be aware that
annexation redline closures must avoid creating gaps or overlaps, and may not necessarily
correspond with the property legal description. Cadastral maps can be obtained from the Lane
County Assessment and Taxation Office.
ORS 222.173 Waiver Form [SDC 5.7.125(B)(8)]
The waiver form (Form 4) signed by each owner within the proposed annexation area as allowed
by ORS 222.173.
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.
o 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(B)(13) and (14)]
A. The affected territory proposed to be annexed is within the City's portions of the urban
growth boundary and is contiguous to the city limits or separated from the City limits
only by a public right—of-way or a stream lake or other body of water;
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinement plan or Plan Districts;
C. The proposed annexation will result in a boundary in which the minimum level of key
urban facilities and services as defined in the Metro Plan can be 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.
oOne (1) copy of the previously required information.
ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 8'/2" BY 11" AND BOUND BY
RUBBER BANDS.
Revised 04/17/2023 slm Page 11 of 16
Exhibit B
Page 3 of 16
Attachment 2
Page 11 of 37
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.
Application Fee [SDC 5.7.125(8)(15)]
Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees
are based upon the area of land being annexed. Copies of the fee schedule are available at the
Development & Public Works Department. Fees are payable to the City of Springfield.
o Petition/ Petition Signature Sheet [SDC 5.7.125(6)(2)]
To initiate an annexation by consents from property owners as explained below, complete the
attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted at
completeness check, with original copies at time of application submittal).
Consent by Property Owners [ORS 222.127 and 222.170(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(8)(5)]
After completing the attached Petition Signature Sheet (Form 1), have the Lane County
Department of Assessment and Taxation certify the ownerships within the proposed annexation
area. (Photocopies may be submitted at completeness check, with original copies at
time of application submittal).
o Owners Worksheet
Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors
Worksheet. (Photocopies may be submitted at completeness check, with original copies
at time of application submittal).
o Supplemental Information Form [SDC 5. 7.125(8)(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).
X 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 04/17/2023 slm Page 10 of 16
Exhibit B
Page 4 of 16
Attachment 2
Page 12 of 37
0
LANG USE PLANNING ANG CONSULTING SERVICES
846 A STREET
SPRINGFIELD, OREGON 97477
5411302-9830
WWW.METROPLANNING.COM
ANNEXATION APPLICATION FOR
Shellila Zientara
Submittal No.: 1
Document Date: November 10, 2023
Applicant's Request: Approval of annexation of subject property at
1717 Kellogg Rd.
Property Owner/ Applicant: Shellila Zientara
29712 Gimpl Hill Rd
Eugene, OR 97402
Applicant's Representative/ Metro Planning, Inc.
Planner/Project Coordinator: c/o ) ed Truett
846 A Street
Springfield, OR 97477
Tel(541)302-9830
Subject Property: Map 17-03-33-11; Tax Lot 301
Location: 1717 Kellogg Rd. Springfield, OR 97477
Property Size: 0.19 acres
Zoning: LDR — Low Density Residential
Metro Plan: Low Density Residential
Development Plans Proposed None, connection to City Wastewater.
with this Annexation:
Exhibit B
Page 5 of 16
Attachment 2
Page 13 of 37
Annexation Application for
Shellila Zientara
Background
This is an annexation application for a 0.19 acre site, located in Springfield, in an area presently zoned R-1
residential. The subject property is located outside City of Springfield city limits, but within the Urban Growth
Boundary (UGB). The subject property is contiguous to city limits on the northern boundary.
The purpose of this proposed annexation is upgrading a failed septic tank with City Wastewater, no other
development is associated with this annexation as the property is already developed.
The proposed annexation is consistent with the City's Metro Plan low density residential designation. The legal
description that accompanies this application describes the entire annexation area.
To facilitate city staff review of this annexation application, this written statement clearly demonstrates how the
development meets the Annexation application criteria of SDC 5. 7-140. The Springfield Development Code (SDC)
text sections are in bold and/or italics and the responses are included in plain text.
Annexations
SDC 5.7-140 Criteria
An annexation application may be approved only if the City Council bnds 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.
The subject property is contiguous to city limits on the northern property line and within the UGB.
S. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable
refinement plans or Plan Districts.
Currently, the subject property is located within the City's urban growth boundary and is zoned in compliance with
the City's R-1 zone (low density residential). The Metro Plan diagram shows that the subject property is located
within an area designated for low density residential development. There are no neighborhood refinement plans for
this area.
There is no development plan associated with this annexation. The septic tank is failing and per COS code, cannot be
replaced and must be connected to City sewage. Annexation is required to connect to Springfield wastewater.
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.
The minimum level of key urban facilities and services can be provided in an orderly, efficient, and timely manner.
Briefly,
Fire protection is provided by Rainbow Water District and Eugene Springfield Fire
There is LTD service to the area
Nearest Schools are Centennial, Hamlin and Springfield High School.
Electric and water services currently exist for the property.
Metro Planning, Inc. October 31, 2023 P a g e 1 2
Exhibit B
Page 6 of 16
Attachment 2
Page 14 of 37
Annexation Application for
Shellila Zientara
D. Where app/icable, fiscal impacts to the City have been mitigated through an Annexation Agreement or
other mechanism approved by the City Council.
Fiscal impacts to the City will be mitigated after the Annexation Agreement which includes connection to City
Wastewater.
If there are any questions or concerns, please do not hesitate to contact me at Metro Planning via email
ied(dometroolannina.com) or phone (541-302-9830).
Regards,
Jed Truett
Principal Planner
Metro Planning, Inc. October 31, 2023 P a g e
3
Exhibit B
Page 7 of 16
Attachment 2
Page 15 of 37
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Exhibit B
Page 8 of 16
Attachment 2
Page 16 of 37
FORM 2
OWNERSHIP WORKSHEET
This form is NOT the petition)
Please include the name and address of ALL owners regardless of whether they
signed an annexation petition or not.
OWNERS
Property
Designation
Ma /lot number
Name of Owner Acres
Assessed
Value
Imp.
Y / N
Signed
Yes
Signed
No
1703331100301 Shellila Zientara 0.19 118083 y x
118083
VALUE CONSENTED FOR 118083
PERCENTAGE OF VALUE CONSENTED FOR 100%
TOTALS: 0.19 118083
TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1
NUMBER OF OWNERS WHO SIGNED 1
PERCENTAGE OF OWNERS WHO SIGNED 100%
TOTAL ACREAGE IN PROPOSAL 0.19
ACREAGE SIGNED FOR 0.19
PERCENTAGE OF ACREAGE SIGNED FOR 100%
TOTAL VALUE IN THE PROPOSAL 118083
VALUE CONSENTED FOR 118083
PERCENTAGE OF VALUE CONSENTED FOR 100%
Revised 04/17/2023 slm 13 of 16
Exhibit B
Page 9 of 16
Attachment 2
Page 17 of 37
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: Jed Truett / Metro Planning, Inc
E-mail: jed@metroplanning.com
Supply the following information regarding the annexation area.
Estimated Population (at present): 1
Number of Existing Residential Units: 1
Other Uses:
Land Area: 0.18 total acres
Existing Plan Designation(s): Low Density Residential
Existing Zoning(s): Low Density Residential
Existing Land Use(s): Single Family Dwelling
Applicable Comprehensive Plan(s): Metro Plan
i
Applicable Refinement Plan(s): None
Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans.
This area is designated
low density residential and will remain low density residential.
Are theredevelopment plans associated with this proposed annexation?
Yes I____ i No
If yes, describe.
Is the proposed use or development allowed on the property under the current
plan designation and zoning?
Yes L—j No F
Please describe where the proposed annexation is contiguous to the city limits
non-contiguous annexations cannot be approved under 5.7-140, Criteria).
It is contiguous to the city limits on the northern boundary.
Revised 04/17/2023 slm Page 14 of 16
Exhibit B
Page 10 of 16
Attachment 2
Page 18 of 37
Does thisapplication include all contiguous property under the same ownership?
Yes L=_ ._ _i' No 171
If no, state the reasons why all property is not included:
Check the special districts and others that provide service to the annexation area:
Glenwood Water District Rainbow Water and Fire District
Eugene School District Pleasant Hill School District
111 Springfield School District McKenzie Fire & Rescue
Pleasant Hill RFPD Willakenzie RFPD
EPUD 0 SUB
Willamalane Parks and Rec District Other
Names of persons to whom staff notes and notices should be sent, in addition to
applicant(s), such as an agent or legal representative.
Jed Truett
Name)
R4R A Strppt
Address)
Springfield, OR 97477
City)
Name)
Address)
City)
Name)
Address)
Zip) (City) (Zip)
Name)
Address)
Zip) (City)
Revised 04/17/2023 slm Page 15 of 16
Exhibit B
Page 11 of 16
Attachment 2
Page 19 of 37
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:
zol _.1n!2)QRL[d
Map and Tax Lot Number Street Address of Pr p rty (if addr ss has been q-lg77
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
Revised
or [ ] until
Date
Signatures of Leaal Owners
Please print or type name Signature Date Signed
LCOG: L: 1BC12008 BOUNCHANGE TRANSMONIAPPLICATION FORMSISPRINGFIELO110-03-08 UPDATED FORMSIPRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08. DOC
Last Saved: January 19, 2016
Revised 4/8/14 BJ Page 17 of 17
Exhibit B
Page 12 of 16
Attachment 2
Page 20 of 37
M
CASCADE
TITLE
Co.
STATUS OF RECORD TITLE REPORT
SHELLILA (KRUSE) ZIENTARA Date: SEPTEMBER 21, 2023
29712 GIMPL HILL ROAD Our No: CT -0341089
EUGENE, OR 97402 Charge: $300.00
II II II I I II I IIII II I I I II'0
As requested, Cascade Title Co, has searched our tract indices as to the following
described real property:
A T T A C H E D)
and as of: SEPTEMBER 14, 2023 at 8:00 A.M., we find the following:
Vestee:
SHELLILA L. ZIENTARA
Said property is subject to the following on record matters:
1. Property taxes in an undetermined amount, which are a lien but not yet payable,
including any assessments collected with taxes to be levied for the fiscal year
2023- 2024.
2. Rights of the public in and to that portion lying within streets, roads and
highways.
NOTE: The property address as shown on the Assessor's Roll is:
1717 Kellogg Road
Springfield, OR 97477
NOTE: Taxes, Account No. 0289619, Assessor's Map No. 17 03 33 1 1, #301, Code 19-03,
2022- 2023, in the amount of $1,697.08, PAID IN FULL.
This report is to be utilized for information only. This report is not to be used as a
basis for transferring, encumbering or foreclosing the real property described.
The liability of Cascade Title Co. is limited to the addressee and shall not exceed the
premium paid hereunder.
CASCADE TITLE CO., by:
ec/rh: Title Officer: KURT BEATY
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
S 11 WILLAMETTE ST. 715 HWY 101 * FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 100
EUGENE, OREGON 97401 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 EUGENE, OREGON 97401
PH: (541) 687-2233 * FAX: (541)485-0307 PH: (541) 997-8417 * FAX: (541)997-8246 PH: (541) 653-8622 * FAX: (541) 844-1626
Exhibit B
Page 13 of 16
Attachment 2
Page 21 of 37
Order No. 0341089
Page 2
PROPERTY DESCRIPTION
The following described tract of land lying in the Northeast 1/4 of the Northeast 1/4,
Section 33, Township 17 South, Range 3 West of the Willamette Meridian, in Lane County,
Oregon: Beginning at a point on the North line of Lot 1, Block 2, GARDEN WAY PARK, as
platted and recorded in Book 57, Page 29, Lane County Oregon Plat Records, said point
being 62.21 feet South 880 09' East from the Northwest corner of said Lot 1; running
thence North 020 34' 35" East 108.53 feet to the South line of Kellogg Road; thence
South 680 31' 35" East along the South line of Kellogg Road to a point where the South
line of said Kellogg Road intersects the West line of Rayner Avenue; thence South 00°
55' West along the West line of said Rayner Avenue 76.61 feet to the Northeast corner of
said Lot 1; thence North 880 09' West 87.77 feet to the place of beginning, in Lane
County, Oregon.
Exhibit B
Page 14 of 16
Attachment 2
Page 22 of 37
mnrm a
CASCADE TITLE CO.
MAP NO.
17-03-33-11
INITIAL -
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THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN
RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY
OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY
MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
Exhibit B
Page 15 of 16
Attachment 2
Page 23 of 37
Lane County Clerk 2020-020750
Lane County Deeds & Records
04/ 28/2020 09:56:10 AM
RPR -DEED Cnt=1 Stn=40 CASHIER 01 1 pages
5.00 $11.00 $10.00 $61.00 $87. 00
oascaoe
Trrr_E
ca.
TITLE NO. 0318612 / ESCROW NO. VP20-0508A SP
TAX ACCT. NO. 0289619 / MAPITAX LOTNO. 17-03-33-11-00301
GRANTOR
SHELLILA L. ZIENTARA, WHO ACQUIRED TITLE AS SHELLILA L. KRUSE
GRANTEE
SHELLILA L. ZIENTARA
29712 GIMPLE HILL RD
EUGENE, OR 97402
Until a change is requested After recording return to:
all tax statements shall be CASCADE TITLE CO.
sent to the following address: 811 WILLAMETTE
SAME AS GRANTEE*** EUGENE, OR 97401
BARGAIN AND SALE DEED
SHELLILA L. ZIENTARA, WHO ACQUIRED TITLE AS SHELLILA L. KRUSE, Grantor,
conveys to
SHELLILA L. ZIENTARA, Grantee
hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the
tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the CountyofLane, State of Oregon, described as follows, to -wit:
The following described tract of land lying in the Northeast 1/4 of the Northeast 1/4, Section 33, Township 17
South, Range 3 West of the Willamette Meridian, in Lane County, Oregon: Beginning at a point on the North line
of Lot 1, Block 2, GARDEN WAY PARK, as platted and recorded in Book 57, Page 29, Lane County Oregon Plat
Records, said point being 62.21 feet South 880 09' East from the Northwest comer of said Lot I; running thence
North 02° 34'35" East 108.53 feet to the South line of Kellogg Road; thence South 68° 31' 35" East along the South
line of Kellogg Road to a point where the South line of said Kellogg Road intersects the West line of Rayner
Avenue; thence South 00° 55' West along the West line of said Rayner Avenue 76,61 feet to the Northeast comer of
said Lot 1; thence North 88° 09' West 87.77 feet to the place of beginning, in Lane County, Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336),
195,301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use
regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER
8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT
THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED
IN ORS 92.010.(Derinitions for ORS 92.010 to 92.192) OR 215. 010 (Definitions), TO VERIFY THE APPROVED USES
OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES, AS DEFINED IN ORS 30.930 (Definitions for ORS 30.930 to 30.947), AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to
195.336), 195.301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use
regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER
8, OREGON LAWS 2010.
The true consideration for s conveyance is to correct vesting.
Dated this day of
State of Oregon / County of Lane
This instrument was acknowledged before me on (9 9 2020 by SHELLILA L.
ZIENTARA.
OFFICIAL STAMP
SARAH MICHELLE PETERSON otary Public for Oregon) NOTARY PUBLIC-ORFGON
COMMISSION 140.969584 My commission expires -"o
PAY COMMISSION EXPIRES DECEMBER 20, 2021
BSD
Exhibit B
Page 16 of 16
Attachment 2
Page 24 of 37
Exhibit C
Page 1 of 6
Attachment 2
Page 25 of 37
Exhibit C
Page 2 of 6
Attachment 2
Page 26 of 37
Exhibit C
Page 3 of 6
Attachment 2
Page 27 of 37
Exhibit C
Page 4 of 6
Attachment 2
Page 28 of 37
Exhibit C
Page 5 of 6
Attachment 2
Page 29 of 37
Exhibit C
Page 6 of 6
Attachment 2
Page 30 of 37
Page 1 of 7
TYPE 4 – ANNEXATION
STAFF REPORT AND FINDINGS OF FACT
File Name: Zientara Annexation
Applicant: Shellila Zientara
Case Number: 811-23-000270-
TYP4
Proposal Location: 1717
Kellogg Road. Assessor’s Map 17-
03-33-11, TL 00301 and segment of
Kellogg Road.
Current Zoning &
Comprehensive Plan
Designation:
R-1, Residential District, Designated
LDR, Low Density Residential with
the Urbanizable Fringe Overlay (UF-
10)
Applicable Comprehensive
Plan: Metro Plan and Springfield
2030 Comprehensive Plan
Application Submittal Date:
November 28, 2023
Associated Applications:
811-22-000106-PRE (Development
Issues Meeting); 811-23-000152-PRE
(Pre-Submittal Meeting held July 21, 2023)
CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE:
POSITION REVIEW OF NAME PHONE
Project Manager Planning Tom Sievers 541.726.2333
Transportation Planning Engineer Transportation Michael Liebler 541.736.1034
Public Works Civil Engineer Streets and Utilities Clayton McEachern 541.726.1036
Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541.726.2293
Building Official Building Chris Carpenter 541.744.4153
SITE
Exhibit D
Page 1 of 7
Attachment 2
Page 31 of 37
Page 2 of 7
Review Process (Springfield Development Code (SDC) 5.7.115): The subject annexation request is being
reviewed under Type 4 procedures, without Planning Commission consideration.
Development Issues Meeting (SDC 5.7.120): A Development Issues Meeting (DIM) is required of all public
agency and private landowner-initiated annexation applications, unless waived by the Director.
Finding 1: A Development Issues Meeting for the subject annexation request was held on October 26, 2023 (Case
811-22-000223-PRE).
Conclusion: The requirement in SDC 5.7.120 is met. Annexation Initiation and Application Submittal (SDC
5.7.125): In accordance with SDC 5.7.125(B)(2)(b)(i) and ORS 222.170(1), an annexation application may be
initiated by “more than half the owners of land in the territory, who also own more than half the land in the
contiguous territory and of real property therein representing more than half the assessed value of all real property
in the contiguous territory consent in writing to the annexation of their land.”
Finding 2: The property owner who owns all 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).
Finding 3: In addition to the petition, the submitted application includes the required documents listed under SDC
5.7.125(B). This includes a Verification of Property Owners signed by the Lane County Department of Assessment
and Taxation, the Ownership Worksheet, and a Waiver Form in accordance with ORS 222.173 (all within
Attachment 2, Exhibit B).
Conclusion: The application requirements in SDC 5.7.125 have been met.
Site Information: The subject property, 1717 Kellogg Road, has an existing residence on site with site access from
Kellogg Road. The property is located at the southwest side of the Kellogg Road and Rayner Avenue intersection.
The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield
city limits along its nort hern boundary. The property proposed for annexation also includes a portion of the
right of way for Kellogg Rd.
Zoning for the property is Residential (R-1) district with an Urbanizable Fringe Overlay (UF-10) applied according
to the City’s Zoning Map. Based on the applicants’ submittal, the primary purpose of the annexation request is to
facilitate connection to city sewer due to septic failure. A public sanitary sewer line stub is already available at the
site’s northern property line and would be extended to serve the existing residence, as shown in the image below.
An Annexation Agreement has been signed by the applicants and has been executed by the City due to the needed
emergency connection. The Annexation Agreement outlines the applicants’ responsibilities and financial
obligations for provision of public streets, utilities, and services to the property.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools
(Springfield School District), roads (City of Springfield and Lane County), and ambulance services
(Eugene/Springfield Fire)1. The applicants currently receive water service from Rainbow Water District and fire
protection from Eugene Springfield Fire through a contract agreement with Rainbow Water District. SUB operates
the existing electric service and will continue to once annexed. Upon annexation, the City of Springfield will be
responsible for all urban services, including sewer, water (retained through SUB), electricity (retained through SUB),
and police/fire response (through Eugene/Springfield Fire) to the subject area.
The approximately 21,000 square foot proposed annexation area consists of the 0.19-acre subject property and the
additional right-of-way segment of Kellogg Road.
1 The subject property currently receives emergency services from Eugene/Springfield Fire through long -standing contractual
agreements. The standards of coverage can be found here: https://www.eugene-
or.gov/DocumentCenter/View/56636/Standards-of-Response-Coverage_FY-2020?bidId=
Exhibit D
Page 2 of 7
Attachment 2
Page 32 of 37
Page 3 of 7
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 January 18, 2024, which was at least 14 days prior
to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300
feet of the perimeter of the proposed annexation territory; affected special districts (Eugene/Springfield Fire) and all
other public utility providers (Springfield Utility Board, CenturyLink Telecommunications); 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 811-23-000270-TYP4.
Newspaper Notice. Notice of the February 20 , 202 4 , public hearing was published in The Chronicle on
February 1st and February 8th for two consecutive weeks prior to the hearing.
Posted Notice. A total of five (5 ) notices were posted for the February 20th public hearing. Two (2) digital
notices were posted on both the City of Springfield website and the Department of Public Works’ Digital Display
in City Hall on January 18th. One (1) notice was posted on the physical display board in the City Hall lobby on
January 18th and two (2) notices were posted at the subject property along the Kellogg Road and Rayner Avenue
frontages on February 2nd.
Finding 4: Staff did not receive written comments from the public as of the date of this staff report.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130.
Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the
annexation application to the City Council based on the approval criteria specified in Section 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.
SITE
Exhibit D
Page 3 of 7
Attachment 2
Page 33 of 37
Page 4 of 7
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 5: The subject annexation territory is located within the City of Springfield’s acknowledged urban growth
boundary (UGB). The property requested for annexation abuts the Springfield city limits along its northern
boundary. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS
222.111(1).
Conclusion: The proposal meets and complies with Criterion A(1), Subsection 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 6: The annexation area is located within the acknowledged Springfield UGB and as more specifically
delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be
within the City of Springfield.
Finding 7: The Springfield 2030 Comprehensive Plan amends the Eugene-Springfield Metropolitan Area General
Plan (Metro Plan) through adoption of ordinances since 2011. Volume 1 of the Springfield 2030 Comprehensive
Plan includes the following elements: Economic, Residential Land Use & Housing, Recreation, Transportation, and
Urbanization. In December 2016, Springfield adopted the Urbanization Element 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.
Finding 8: The territory requested for annexation is within an area that is zoned R-1 Residential District and is
designated for Low Density Residential (LDR) in the Comprehensive Plan . 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 current zoning or plan designation for
the property, although the Urbanizable Fringe (UF-10) overlay will be removed upon annexation.
Finding 9: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and
29 of the Springfield 2030 Comprehensive Plan – Urbanization Element, which will result in the elimination of
special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Comprehensive Plan –
Urbanization Element recognize that as annexations to the City occur, the special district service areas within
the UGB will diminish incrementally and eventually will be dissolved.
Finding 10: The territory requested for annexation is currently within the service area of the Rainbow Water
District and receives fire protection service from the Rainbow Water District via Eugene/Springfield Fire. After the
public hearing and upon Council adoption of the annexation Ordinance, the annexation area will remain in the
combined fire and life safety departments of the Cities of Eugene & Springfield for fire protection and emergency
medical service directly to the annexation area.
Finding 11: In accordance with Policy 33 of the Springfield 2030 Comprehensive Plan – Urbanization Element,
SUB is the exclusive water service provider within the Springfield City Limits. Rainbow Water District (RWD), in
partnership with SUB, currently provides water service to the site. RWD, in an email stated, “In a ccordance with
ORS 222.465, for an annexation ordinance enacted between April 1, 2023, and April 1, 2024, Rainbow will continue
to serve the customer and will transfer out customer to SUB effective July 1, 2024.” SUB will be the sole service
provider upon transfer from RWD.
Exhibit D
Page 4 of 7
Attachment 2
Page 34 of 37
Page 5 of 7
Finding 12: 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. If this annexation request is approved and the Annexation Agreement is executed, the subject
property will be provided with new urban services such as public sanitary sewer.
Finding 13: 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. The property owner applied for annexation to the City (Attachment 2, Exhibit B), and an Annexation
Agreement is already signed by the applicant and has been executed by the City in order to receive City services
(Attachment 2, Exhibit C).
Conclusion: The proposal meets and complies with Criterion B, SDC 5.7.140.
C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities
and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and
Finding 14: In accordance with Policy 29 of t he Springfield 2030 Comprehensive Plan – Urbanization Element,
annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance
with the Springfield Comprehensive Plan and Springfield Development Code.
Finding 15: In accordance with Policy 31 of the Springfield 2030 Comprehensive Plan – Urbanization Element, key
urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste
management; water service; fire and emergency medical services; police protection; citywide park and recreation
programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis.
Finding 16: 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 17: The territory requested for annexation is contiguous with the City Limits along its northern boundary.
Urban utilities including sanitary sewer, electricity, and water service, have been extended within the Kellogg Road
ROW and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory.
Therefore, the urban service delivery systems are already available and in place or can be logically extended from
points in the vicinity to serve the subject property and future development. In addition to urban utilities, the
following facilities and services are either available or can be extended to this annexation area:
Water – As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon
annexation, the applicants will continue using the existing water connections or extend public water lines necessary
to serve the subject property and future development of the site. SUB states that the existing 6” water distribution
line in Rayner Street provides enough capacity for the existing water connection to serve the current residential use
(SUB Water Representative: Keoki Lapina, KeokiL@subutil.com).
Electricity – SUB provides electric service to the neighborhoods in Springfield within incorporated areas of
Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical
system infrastructure within the Kellogg Street public ROW will continue to provide service to the subject property
and continue to be maintained by SUB. The existing infrastructure is designed to meet the capacity needs for
residential uses in the vicinity.
Police Services – Springfield Police Department currently provides service to areas of Springfield that are already
inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s
Exhibit D
Page 5 of 7
Attachment 2
Page 35 of 37
Page 6 of 7
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 via the Rainbow Water District. Upon annexation, the Eugene/Springfield Fire Department will
provide fire and emergency services directly to the subject territory. Per the Fire Marshal’s Office, both access and
water supply to the site is sufficient and will remain unchanged through this application. Concerning response time,
the subject property is within the 5-minute response tome of Fire Station 4 located at 1475 5th Street in Springfield.
Emergency medical transport (ambulance) services are provided on a regional 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 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 property is currently within the service district of Willamalane and will remain that way upon annexation
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’s residents will be served by the
Springfield Public Library.
Schools – The Springfield School District serves this area of Springfield . The Springfield School District has
capacity to continue serving the annexation area and its residents in its current configuration.
Sanitary Sewer –The subject property was previously served by a septic system that failed. An existing public
sanitary sewer system is located in Kellogg Street. There is an existing 8” sewer main Kellogg and an existing
service lateral extended to this property with sufficient capacity for the existing use on site. Due to the failing
septic, the emergency hookup to the existing sewer system has already occurred, and the property is now
connected to the city sewer system as of December 20, 2023.
Stormwater – The existing house drains to the street and storm drain system in Rayner Ave . which is part of the
existing City of Springfield Storm drain system.
Streets – The Property has legal and physical access to Kellogg Road via existing residential driveways. Rayner
Avenue is paved with curb and gutter but lacks streetlights and sidewalks in this area. Kellogg Road is an
unimproved county road with paving only and does not have curb and gutter, storm drain or sidewalks. As detailed
and demonstrated in Section 1 of the Annexation Agreement, the applicant has agreed to participate in, and waived
remonstrances to, any city, county, or Local Improvement District (LID) projects for future minimum urban facility
improvements for Kellogg Road and Rayner Street.
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, such as CenturyLink, 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.
Exhibit D
Page 6 of 7
Attachment 2
Page 36 of 37
Page 7 of 7
Land Use Controls – The annexation area is within Springfield’s urban growth boundary (UGB). 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 18: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and
the Springfield 2030 Comprehensive Plan – Urbanization Element are immediately available and have the capacity
to serve the site.
Conclusion: Based on the findings above, the proposed annexation, if approved, will result in a boundary in
which the minimum level of key urban facilities and services can be provided in an orderly efficient and timely
manner because of their availability and capacity levels meet the City’s requirements. The proposal complies
with Criterion C, SDC 5.7.140.
D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or
other mechanism approved by the City Council.
Finding 19: An Annexation Agreement that outlines the applicants’ financial responsibility for provision of public
streets and utilities necessary to serve the property is available for review (Attachment 2, Exhibit C). The Annexation
Agreement has been executed by both the applicant and City due to a required emergency connection to the sewer.
Upon future development and change of use on the subject property, the property owner will be responsible for the
cost of constructing the public improvements necessary to serve the area. As detailed and demonstrated in Section
1 of the Annexation Agreement, the applicant has agreed to participate in, and waived remonstrances to, any city,
county, or Local Improvement District (LID) projects for future minimum urban facility improvements for Kellogg
Road and Rayner Street. Therefore, any potential fiscal impacts to the City have been mitigated by the executed
Annexation Agreement.
Conclusion: The proposal meets and complies with Criterion D, Subsection 5.7.140.
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 Section 5.7.150.
Finding 20: The annexation area is within the delineated service territory of SUB (electric) and Rainbow Water
District (water and fire response). Eugene/Springfield Fire will directly provide fire and emergency services after
annexation, and the City of Springfield by and through the Springfield Utility Board will provide water service after
annexation. SUB will also retain electric service upon annexation. Consistent with SDC 5.7.130, posted notice in
City Hall and the City of Springfield webpage was provided for the public hearing on January 18, 2024, and mailed
notice on January 18, 2024. Withdrawal from the Rainbow Water District concurrently with annexation of the
territory to the City of Springfield is in the best interest of the City. The withdrawal from the Rainbow Water District
is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan – Urbanization Element
whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory,
and existing special service districts within the City’s UGB are to be dissolved over time.
DIRECTOR’S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed
in SDC 5.7.140, and Council is within its authority to approve annexation of the subject territory to the City
of Springfield and withdrawal of the subject territory from the Rainbow Water District.
Exhibit D
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Attachment 2
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