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Ordinance No. 6475
CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6475 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 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 901" 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 4th day of March , 2024, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 4th day of March , 2024. M ayor ATTEST: City Recorder REVIEWED&APPROVED AS TO FORM KY�t"i,na K YGLAir� DATE: 3/1/2024 SPRINGFIELD CITY ATTORNEY'S OFFICE Ordinance No. 6475 Exhibit A Pagel of 6 1 EXHIBIT A The following described tract of land lying in the Northeast 114 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 S7,Page 29,Lane C=ty Oregon plat Records,safd point being 62.21 feet South UP MEW from the Northwest corner of said Lot 1;running thence North 0210 34'35"East 108.53 f*to the South lime of Kellogg Road;thence South 6r 3 F 35"East along die South line of Kellogg Rcmd to a point where the South line of said Kellogg Road intersects the West tint of Rayner Avenue;thence South 00°ST West along the West line of said Rayner Avenue 76.61 feet to the Northeast confer of said Lot 1;thence North 118°09'West 87.77 feet to the place of beginning,in Lane County;Oregon. Ordinance No. 6475 Exhibit A Page 2 of 6 !Li MUM ❑ o w �Asic� ❑ ce) LL _ 0 o e:IKwl CV) A����`? "s: @ LL Cr) rack O c CO Z �' 3 Z C � Ir _ gpp c W 1 W� b � e IX ` a� m 1 m �$� $ /�..� O6 GO #� •�io a> t`e Q OF V•. Ca 1 w _ 0 N~ Z 5 �_ 5 + w, O�`1 OUa E p�� SaxE B� � UO m v C O e* rc emA. o� -,�, m s ao� asq $a m �, _� E; v '3AV 83N�kVU- 10 _ wa. 00 F1 .ha ,yam x P, w �y_•e '' as G1i ��m� �vV� �� �h= y ^x {� znw ea,eax � _. ••�_ .�-,,, ,�_.>e,u..,_. �N—suLO..CI 0 a o� g �m -A�$ •"fr �:^ n.".q- g'� _-�'"Y�YYYYYY•/YYYY�ia'iYYYfYYYYY�'ddYY�'sS'YYe+YY�yYsY .. ... .._ na y ... t, 4 c. YYYYYYYYddyyYdyYYYYY fiy S'YYa� 3I rtgg, 3Ndl NOS a3(3Nb x F Tb Oe m•Ee! m< v a 'r Ca c m m - c e �� = J a y Z ' O O S-I 'ON kVMHE)IH 0I:1IOVd ~ � Y l�Y •..g s "' g ge '� &Y So '�Y ag. �Y H; ❑ O Q O i {'ga es ® s YY�� Y 6- N Y' ^slr J Z z � �'"`�w ';�I ' ---•- ) W 9Y ,_! arm�.anoo � s� � a �"s� ,� �a ,=ss, d. �s s ,�� �a � a; R •s;_,'� a�s t Y w va s s i -- K- ; - ---- -.__$r2 Co CDi 1 , mg RY x c Y Y c l „ " ` 3NV7 A3A0� I mw 68 t _� fn J q 1 , �• _ . f o ms �8s �• gas , Y a. r�r ... ; I s LL ~-0 :} $ i•l 1 !`" "r�� t' ^, ^$p��a j, _:, $$_�., 1/ .�,w red '° z , Wo i Ordinance No. 6475 Exhibit A Page 3 of 6 ANNEXATION DESCRIPTION OF A PORTION OF KELLOGG ROAD, ALSO KNOWN AS COUNTY ROAD NUMBER 307 Beginning at the most northerly Northwest corner of the plat of GARDENWAY PARK, as platted and recorded at Book 57, Page 29, Lane County Plat Records, in Lane County, Oregon, said point being on the westerly right of way of Rayner Avenue, and said point also being the Northeast corner of the property [currently shown as Tax Lot 301 on Assessor's Map 17033311] described per Instrument No. 2020-020750, Lane County Deeds and Records, in Lane County, Oregon; thence along the following ten (10) numbered courses: 1) Southeasterly a distance of 62 feet, more or less, leaving the Northerly line of said GARDENWAY PARK and along the Southerly right of way of Kellogg Road, also known as County Road No. 307, to Northwest corner of Lot 3, Block 1, GARDENWAY PARK; 2) thence Southeasterly a distance of 171.43 feet, more or less, along said Southerly right of way of Kellogg Road to the Northeast corner of Lot 2, Block 1, GARDENWAY PARK, said Northeast corner being a point on the current City Limits line; 3) thence leaving the South right of way line of Kellogg Road, crossing the road Northeasterly a distance of 60 feet, more or less, to the Southeast corner of Parcel 1 of Land Partition Plat No. 91-P0080, as platted and recorded in the Lane County Surveyors Office as CSF 29768, in Lane County, Oregon, said Southeast corner being on the Northerly right of way of Kellogg Road; 4) thence along said Northerly right of way, Northwesterly a distance of 82.66 feet, more or less, to the most southerly Southwest corner of said Parcel 1; 5) thence leaving said Partition Plat boundary and along said Northerly right of way, Southerly a distance of 10.15 feet, more or less, to a point; 6) thence continuing along said Northerly right of way, Northwesterly a distance of 50 feet, more or less; 7) thence continuing along said Northerly right of way, Northwesterly a distance of 107.7 feet, more or less; Ordinance No. 6475 Exhibit A Page 4 of 6 8) thence continuing along said Northerly right of way, Northwesterly a distance of 25.04 feet, more or less, to a point which is South 01° 09' 20" West a distance of 20.36 feet, more or less, of the Southeast corner of Lot 3, HOLLY SPRINGS, as platted and recorded at CSF 44898, Instrument No. 2019-053560, Lane County Plat Records, in Lane County, Oregon; 9) thence leaving said Northerly right of way and crossing the road along the current City Limits line, Southwesterly a distance of 41 feet, more or less, to a point on the North line of the said property [currently shown as Tax Lot 301 on Assessor's Map 17033311] described per Instrument No. 2020-020750, said point also being on said Southerly right of way; 10) thence leaving the current City Limits line, along said Southerly right of way and said North line of Tax Lot 301, Southeasterly a distance of 25 feet, more or less, to the Point of Beginning. 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S te" m`v Z rOi$< S � eoo ;aog a eg Z o " , e e k �eR Z! ; k = * t 8� �. ^"^ .YYY }�, 133a1S" a VAV170d s - I 8� 15� SY":_ YY v tom m� i � �.- r --- `��-�ti., �•- - :-f,.�� ��t�u �x eY- �i & � "' ..r, t 8 ,,�"" ."«°' m'e AVENUE a 80- 8Y Yn � _- iB.SaF `g 8, 8�� C7 m-" _ Y f � •&�3 = kF. � sa' ,�� �� �� A 8s� s t $:� O. •��n "Y„ �J�ryw ;,nn �n" Ordinance No. 6475 Exhibit B Page 1 of 16 City of Springfield SPRINGFIELD Development & Public Works 3 225 Fifth Street Springfield, OR 97477 Annexation Application Type 4 Application Type (Applicant: Check one) Annexation Application Completeness Check: ❑ Annexation Application Submittal: Required ProposalComplete This Section) Property Shellila L. ZientaraOwnern Phone: Address: 29712 Gimpl Hill Rd Eugene, OR 97402 E-mail: Owner Signature: Owner Signature: Acient Name: Jed Truett Phone: 341 302-9830 Company: Metro Planning, Inc Fax: Address: 846 A St Springfield, OR 97477 E-mail jed@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 17033311 i 301 NO: TAX LOT NOS PropertyAddress: 1717 Kellogg Rd Springfield, OR 97477 Area of Request: Acres:0.19 Square Feet:8276 Existing Use: Single family dwelling Proposed Use. Single family dwelling Required Property Information Reviewed Case No.: Date: By: initials Project No.: Placard: Application Postage Fee: Total Fee: Fee: Revised 04/17/2023 slm Page 8 of 16 Ordinance No. 6475 Exhibit B Page 2 of 16 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. ICompleteness 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: d�- 1 Date: te4 nature - /a 3 1 �/ate Sk,11 { Le�- �n" z Print Revised 04/17/2023 slm Page 9 of 16 Ordinance No. 6475 Exhibit B Page 3 of 16 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 S'/z" BY 11" AND BOUND BY RUBBER BANDS. Revised 04/17/2023 slm Page 11 of 16 Ordinance No. 6475 Exhibit B Page 4 of 16 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(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. o Petition/Petition Signature Sheet [SDC 5.7.125(B)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Consent by Property Owners [ORS 222.127 and 222.170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). © Certification of Ownership [SDC 5.7.125(B)(5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). o Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). o Supplemental Information Form [SDC 5.7.125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type 4 form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). _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 Ordinance No. 6475 Exhibit B Page 5 of 16 ANNEXATION APPLICATION FOR Shellila Zientara MWRITTEN STATEMENT Submittal No.: 1 Document Date: November 10,2023 . . Applicant's Request: Approval of annexation of subject property at 1717 Kellogg Rd. LAND USE PLANNING AND CUNSULTING SERVICES Property Owner/ Applicant: Shellila Zientara 846 A STREET 29712 Gimpl Hill Rd SPRINGFIELD,OREGON 97477 Eugene, OR 97402 (5411 302-9830 WWW.METROPLANNING.COM Applicant's Representative/ Metro Planning, Inc. Planner/Project Coordinator: c/o Jed 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: Ordinance No. 6475 Exhibit B Page 6 of 16 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 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. The subject property is contiguous to city limits on the northern property line and within the UGB. B. 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 12 Ordinance No. 6475 Exhibit B Page 7 of 16 Annexation Application for Shellila Zientara D. Where applicable,fiscal impacts to the City ha ve 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 (iedCa metroolannina.com)or phone(541-302-9830). Regards, Jed Truett Principal Planner Metro Planning, Inc. October 31, 2023 P a g e 1 3 Ordinance No. 6475 Exhibit B X v -a O 0) STA X r4 w z p� Page 8 of 16 T y m =* � rr � c� in A w r ro r fD n = 71 0� rtro cno 3 n fi °l n 0� 0 CL �w rrO �c' a v - � = � � N , a '� og n 3 ro o � mz btD �_ E5• v 3 01 r, N us `n' fl1 •p No fl (D j rr r = rn ro ro t0 'Q ro A �� m -oo o, g uyi ° rnN tD o = U) (Dc Ntn 3 �' v b 3 a 3 c X N 0 Obi -n a a ° pa ui n cD CD C acr =� N rr =s r D 0 FD 3 � CD Z Ed `, X p O N m ro = r, C7' Z Cr a rt ti 70 Q o CD o " n rh I-+ rn o m, o na 3 oO. Z r r CD `G 3 �1 n LU <• D A N N 0) j M . � O C O p 07 (D 3 a Q X O N p EArr N O no rt �/} 3 z O (AO = r 0) h p � � N m ry (D a . (D O O NJ N ~` r 20 (D p O 3 N O 3 m 316 n Do W cow `G a t r Q M � v O. X W cD 3 S o w O O En C? o kEn m W o C c0 0) m` N n O oa ro O a M X rt o- o- o � o a x � &T o = � 0) Lq m 5 m a n 3 c �' C m ? m ev O to N m a '� Ordinance No. 6475 Exhibit B Page 9 of 16 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Assessed Imp. Signed Signed Designation Name of Owner Acres Value Y/ N Yes No (Map/lot number 1703331100301 Shellila Zientara 0.19 118083 y x 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 slur 13 of 16 Ordinance No. 6475 Exhibit B Page 10 of 16 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): • Number of Existing Residential Units: • 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 • Appl,icable 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 there development plans associated with this proposed annexation? Yes I___-� No 1 ✓ If yes, describe. • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes FT_-I No .� • 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 Ordinance No. 6475 Exhibit B Page 11 of 16 Does this application include all contiguous property under the same ownership? Yes ._I �.-.i' N o l__ 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) (Name) 846 A Street (Address) (Address) Springfield, OR 97477 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Revised 04/17/2023 sim Page 15 of 16 Ordinance No. 6475 Exhibit B Page 12 of 16 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 17-0,3- -- f L c. l Map and Tax Lot Number Street Address of Pr p rty (if address has been q*77 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 Legal Owners Please print or type name Si nature Date Si ned LCOG: L:1BW008 BOUNCHANGE TRANSMONIAPPLICATION FORMSISPRINGFIELD110-03-08 UPDATED FORMSIPRE-SUBMITTAL ANNEXATIONAPPLIC4770N 10-07-08.D06 Last Saved: January 19,2016 Revised 4/8/14 BJ Page 17 of 17 Ordinance No. 6475 Exhibit B Page 13 of 16 II II II I I II I IIII II I I I II'd CASCADE TITLE Co. STATUS OF RECORD TITLE REPORT SHELLILA (KRUSE) ZIENTARA Date: SEPTEMBER 21, 2023 29712 GIMPL HTLL ROAD Our No: CT-0341089 EUGENE, OR 97402 Charge: $300.00 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, 4301, 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 911 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)697-2233*FAX: (541)485-0307 PH: (541)997-8417*FAX: (541)997.8246 PH: (541)653-8622*FAX: (541)844-1626 Ordinance No. 6475 Exhibit B Page 14 of 16 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 88' 09' East from the Northwest corner of said Lot 1; running thence North 02' 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 000 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. Ordinance No. 6475 Exhibit B Page 15 of 16 CASCADE TITLE CO. MAP NO. 17-03-33-11 41 INITIAL T of L. l z Lu IN 3 0' S89°1 '10""E 8.45331 1 � 531 54.5f' 1n 0' 50.67' 3000 " 00 17.62' o + 0. 6 3100 32,0'0 0.2 AC S4°31'55' r I II w 0. 3 A.0 0.1 7 AC 5 31.96' 2 3 r I Jn � I 1 ♦, � .� , v ao o r * ° �'z9" � �� � � 200 R 20'.0 1, }�� I 0:48 AC rr I uj 00 >. m r r r 0.111 AC �'''9'�`� N80°14'1Q" I �r 09.36' I < F 705 0.12 AC • Y4.'01,5622 a 300 � y� F , r H '� e °3 a " .$ ' a �t 0.26 AC 1 �,, g 0. o0 Z `� s. z rr 301 Cv 0 `,, S$8°31'41"l; I w f .�� 702 � r 0.19 AC 0.12AC �' CI m a / `x 1='CL. 1 t a to 91.43' z A 414 703 S.371085 z. 6' 7 7' z 0.24 AC a. '0.13 AC � 401 14 . sa° c ti rn Ilk } J ��++ 400 0o ! . 2 r� qx EAST 110428' �j74A UP 704 N 88°58'35' iN 0.13 AC CL.O 402 132.7s' 04.28 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. Ordinance No. 6475 Exhibit B Page 16 of 16 Lane County Clerk 2020-020750 Lane County Deeds&Records i 04/28/2020 09:56:10 AM RPR-DEED Cnt=1 Stn=40 CASHIER 01 1pages $5.00 511.00$10.00$61.00 $$87.00 CA5GADE TITLE Cp, TITLE NO. 0318612/ESCROW NO.VP20-0508A SP TAX ACCT.NO. 0289619/MAPfrAX LOTNO. 17-03-33-11-00301 GRANTOR SHELLILA L.ZIENTARA,WHO ACQUIRED TITLE AS SHELLILA L.KRUSE GRANTEE SHELLILA L.ZIENTARA 29712 DIMPLE 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 WILLAM£TTE *"*SAME AS GRANTEE**• EUGENE,OR 97401 BARGAIN AND SALE DEED SHELLILA L.ZTENTARA,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 County of Lane,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 889 09'East from the Northwest corner of said Lot 1;running thence North 02'34'35"East 108.53 feet to the South line of Kellogg Road;thence South 68'3113511 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 beginn ing,in Lane County,Oregon. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT T14C 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.(Definitions 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 -� nx�.20A, Fil ..TL 'L. l P ~A State of Oregon/County of Lane � This instrument was acknowledged before me on hg,-t a y 2020 by SHELLILA L. ZIENTARA. I i J OFFICIAL STAMP ! SARAH MICHELLE PETERSON ��Natary Public for Oregon) NOTARY PUSUO-OREGON COMMISSION NO.969584 My commission expires_a-p1D-�I MY COMMISSIN EXPIRES OECEMSER 20,2021, BSD Ordinance No. 6475 Exhibit C Page 1 of 6 ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation("City") and Shellila L. Zientara("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 a request for Annexation, dated -//-Z7I7-3, for a portion of Assessor's Map No. 17-03-33-11 Tax Lot 00301,vahich is not currently municipally addressed as 1717 Kellogg and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF-10) according to the Springfield Zoning Map, and the underlying zoning is R-1 Residential. E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services,including long term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development&Public Works Department Lane County Clerk 225 Fifth Street Lane County Deeds and Records 2023-034064 Springfield, OR 97477 11111 IN 1111 llllllllilll 1111111111111111111111111 $142.00 QQ340640080084020994882023 11l30t2023 09:22:24 AM RPR-AGRE Cnt=1 Pgs=8 5tn=43 CASHIER 04 $40.00$20.00$10.00$11.00$61.00 ANNEXATION AGREEMENT—Page I of 6 Ordinance No. 6475 Exhibit C Page 2 of 6 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. • There is an existing 8"sewer main Kellogg and an exisitng service lateral extended to this property with sufficient capacity for the existing use on site. 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. • 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. 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 Kellogg Road via an existing residential driveway. • Rayner is paved with curb and gutter but lacks street lights or sidewalks. • Kellogg is an unimproved county road with paving only and does not have curb and gutter, stormdrain or sidewalks. 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 apart of this Agreement,the parties agree as follows: AGREEMENT 1. ObHLations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. 1.1.1. APPLICANT or future property owner shall participate with any city or county project or Local Improvement District(LID)to install the missing urban improvements for Rayner St of sidewalk and street lights with financial payment as determined in that project to be proportional to their lot. The applicant will also provide these improvements for any subdivision or additional dwelling units other than an ADU on the property. 1.1.2. APPLICANT or future property owner shall participate with any city or county project or Local Improvement District(LID)to install the missing urban improvements for Kellogg Road of curb and gutter, stormdrain, sidewalk and street lights with financial payment as determined in that project to be proportional to their lot. The applicant will also provide these improvements for any subdivision or additional dwelling units other than an ADU on the property. ANNEXATION AGREEMENT—Page 2 of 6 Ordinance No. 6475 Exhibit C Page 3 of 6 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies,permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of Ci, Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANT's defense of any appeal of a decision to the City. However,the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly,the City retains all rights for enforcement of this Agreement. 4. Limitations on the Develoi ent. No portion of the Property shall be further developed prior to the approval of a 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 R.i Fl)t 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. ANNEXATION AGREEMENT—Page 3 of 6 Ordinance No. 6475 Exhibit C Page 4 of 6 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modif catiohs 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. City 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 195.300 et see,. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes(ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidi ,.. 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 4 of 6 Ordinance No. 6475 Exhibit C Page 5 of 6 DATED this 1 day of 20AS IN WITNESS WHEREOF,the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT Date STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON aVrr► r ,2( By (APPLICANT) OFFICIAL STAMP SANDRA HENTZE COTARYMMIS PUBLIC-0R GON 173% NOTARY PUBLIC FOR OREGON COT11MI58ipM NO. 10i735fi #Vy COWPOSSION EXPIRES OC rO81 R 18.20Z ANNEXATION AGREEMENT—Page 5 of 6 Ordinance No. 6475 Exhibit C Page 6 of 6 CI Y } = SPRI iF =1 ) C" - By: Nancy °wton, City Manager STATE OF OREGON SS COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED 'IEFORE ME ON9 20Z3 BY �971 AS— i OF J 6� (CITY) OFFICIAL STAMP ALLYSON D PULIDO NOTARY PUBLIC-OAEaON COMMISSION NO`1011411 NOTARY PUBLIC FOR OREGON FAY COMMISSION WIRES OCTOSER 18,2080 ANNEXATION AGREEMENT—Page 6 of 6 Ordinance No. 6475 Exhibit D Page 1 of 7 6kOREGON FIELD TYPE 4 -ANNEXATION , ; STAFF REPORT AND FINDINGS OF FACT 1 � - File Name: Zientara Annexation I Applicant: Shellila Zientara Case Number: 811-23-000270- - TYP4 ^�' r •11r �'St_ 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: r 811-22-000106-PRE(Development Issues Meeting); 811-23-000152-PRE (Pre-Submittal Meeting held July 21,2023) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMNHTTEE: 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 Page 1 of 7 Ordinance No. 6475 Exhibit D 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(13)(2)(b)(i) and ORS 222.170(l), 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 northern 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)'. 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. '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?bidld= Page 2 of 7 Ordinance No. 6475 Exhibit D Page 3 of 7 3 n 101 k C 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, 2024, public hearing was published in The Chronicle on February I"and February 8"'for two consecutive weeks prior to the hearing. Posted Notice. A total of five (5) notices were posted for the February 201h 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 18t1i. One (1) notice was posted on the physical display board in the City Hall lobby on January 18t1i and two (2) notices were posted at the subject property along the Kellogg Road and Rayner Avenue frontages on February 2"d 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. Page 3 of 7 Ordinance No. 6475 Exhibit D 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 I 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-I 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 U GB 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 accordance 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. Page 4 of 7 Ordinance No. 6475 Exhibit D 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 Q. 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 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. 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, KeokiLksubutil.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 Page 5 of 7 Ordinance No. 6475 Exhibit D 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 I 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 Sampac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation,solid waste disposal service would be provided by Sampac. 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. Page 6 of 7 Ordinance No. 6475 Exhibit D 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 Q. 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. Page 7 of 7 Ordinance No. 6475