Loading...
HomeMy WebLinkAboutItem 13- Kemp AnnexationAGENDA ITEM SUMMARY Meeting Date: 6/17/2024 Meeting Type: Regular Meeting Staff Contact/Dept.: Tom Sievers, DPW Staff Phone No: 541-726-2333 Estimated Time: 10 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT – ANNEX 0.37 ACRES OF RESIDENTIAL PROPERTY LOCATED AT (MAP 18-02-06-14, TAX LOT 06200); WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT. ACTION REQUESTED: Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE ANNEXING CERTAIN TERRITORY (904 FILBERT LANE) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (FIRST READING). ISSUE STATEMENT: The City Council is requested to consider an ordinance to annex 0.37 acres of property zoned and designated R-1 Residential District that is located at 904 Filbert Lane in south central Springfield. The proposed annexation is requested to facilitate connection to city services. ATTACHMENTS: 1: Location Map 2: Ordinance with Exhibits Exhibit A: Site Map & Legal Description Exhibit B: Annexation Application Exhibit C: Staff Report and Recommendations 3: PowerPoint Presentation DISCUSSION/ FINANCIAL IMPACT: The City Council is authorized by Oregon Revised Statutes (ORS) Chapter 222 and Springfield Development Code (SDC) 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 30 days following Ordinance adoption and signature by the Mayor, or upon acknowledgement by the State, whichever date is later. The territory requested for annexation is an improved residential lot at Map 18-02-06-14, TL 06200, and addressed as 904 Filbert Lane. 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 C), 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 first reading and public hearing of the ordinance annexing this property to the City and Willamalane Park & Recreation District and withdrawing from the Willakenzie Rural Fire Protection District. Attachment 1 Page 1 of 2 Attachment 1 Page 2 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (MAP 18-02-06-14, TL 06200) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK & RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7.100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on March 14, 2024, said territory being Assessor’s Map Township 18 South, Range 02 West, Section 06, Map 14, Tax Lot 06200, which is residentially developed, and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of Tax Lot 06200 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, the City Council of the City of Springfield has determined that the provision of City services to the subject area is necessary to serve the site for future partition; 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 C) was presented to the City Council with the Director’s recommendation to withdraw the subject territory from the Willakenzie-Springfield Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on June 17, 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 and Willamalane Park and Recreation District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Willakenzie Rural Fire Protection District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development & Public Works Director or their designee shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7.155. Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 5. Effective Date of Ordinance. The applicant initiated the annexation request by submittal of a complete application on March 14, 2024. In accordance with SDC 5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days following Ordinance adoption and signature by the Mayor, or upon acknowledgement by the State, whichever date is later. 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 Exhibit A Page 1 of 2 Exhibit A Page 2 of 2 1 AGENDA DEVELOPMENT REVIEW COMMITTEE DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET Conference Room 616 / MS Teams Staff Review: Tuesday, April 2, 2024 9:30 – 10:00 a.m. 1. Annexation 811-24-000077-TYP4 811-23-000266-PROJ Robert Kemp Assessor’s Map: 18-02-06-14 TL: 6200 Address: 904 Filbert Lane Existing Use: residential Applicant has submitted plans for annexation of residential parcel Planner: Tom Sievers Meeting: Tuesday, April 2, 2024 9:30 - 10:00 virtual meeting via Microsoft Teams The Complete DRC Packet for this meeting is available online for you to review or print out from the laserfiche website: https://www.springfield-or.gov/weblink8/browse.aspx Exhibit B Page 1 of 18 SITE VICINITY MAP 811-24-000077-TYP4 Annexation 18-02-06-14 TL 6200 904 Filbert Lane Robert Kemp Exhibit B Page 2 of 18 Exhibit B Page 3 of 18 Exhibit B Page 4 of 18 Exhibit B Page 5 of 18 Exhibit B Page 6 of 18 Exhibit B Page 7 of 18 Exhibit B Page 8 of 18 Exhibit B Page 9 of 18 Exhibit B Page 10 of 18 Exhibit B Page 11 of 18 Exhibit B Page 12 of 18 Exhibit B Page 13 of 18 Exhibit B Page 14 of 18 Exhibit B Page 15 of 18 Exhibit B Page 16 of 18 Exhibit B Page 17 of 18 Exhibit B Page 18 of 18 Page 1 of 7 TYPE 4 – ANNEXATION STAFF REPORT AND FINDINGS OF FACT File Name: Kemp Annexation Applicant: Robert Kemp Case Number: 811-24- 000077-TYP4 Proposal Location: 904 Filbert Lane; Map 18-02-06- 14, TL 06200) 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: March 14, 2024 Associated Applications: 811-23-000260-PRE (Development Issues Meeting); 811-24-000042-PRE (Completeness Check) 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 Annexation Area Exhibit C Page 1 of 7 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 December 14, 2023 (Case 811-23-000260-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 owners who own all the land and real property, and full assessed value of real property in the contiguous territory, have 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, 904 Filbert Lane, is improved with a single unit dwelling with site access from Filbert Lane. The corner property is located at the southwest corner of the North Street and Filbert Lane intersection. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its eastern, western , and northern boundary. 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 urban services for future partition. A public sanitary sewer line stub is already available at the site’s north and east boundaries and would be extended to serve the existing residence. An Annexation Agreement is not required for this application and is further detailed in the approval criteria. 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 and fire protection from the Springfield Utility Board (SUB) and the Willakenzie-Springfield Rural Fire Protection District (RFPD). SUB operates the existing electric and water utility infrastructure along the North Street and Filbert Lane frontages. 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 Springfield Police and Eugene/Springfield Fire, respectively) to the subject area. The approximately 14,200 square foot proposed annexation area consists only of the addressed property. 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.eugeneor.gov/DocumentCenter/View/56636/Standards-of-Response-Coverage_FY-2020?bidId= Exhibit C Page 2 of 7 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 May 23, 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 811-24-000077-TYP4. Newspaper Notice. Notice of the June 3 , 202 4 , public hearing was published in The Chronicle on May 30th and June 6th, 2024. Posted Notice. A total of five (5) notices were posted for the June 3rd public hearing. Notice was posted on the City of Springfield website , the Department of Public Works’ Digital Display in City Hall , and in the City Hall lobby on May 24th. Two (2) notices were also posted on-site along the subject property street frontages, with one along North Street, and one along Filbert Lane on May 24th. Finding 4: Upon annexation of the subject territory to the City, the underlying Residential (R-1) district will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on May 13, 2024, meeting the 35-day advance notice as required. SITE Exhibit C Page 3 of 7 Page 4 of 7 Finding 5: Staff did not receive written comments from the public. 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 SDC 5.7.140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.7.140, Criteria. Criteria (SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake, or other body of water. Finding 6: 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 eastern, western, and northern boundaries. 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), SDC 5.7.140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding 7: 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 8: 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 9: The territory requested for annexation is within an area that is zoned R-1 Residential District and is designated for Low Density Residential (R-1) use. 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 effectively removed upon annexation. Finding 10: 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 11: The territory requested for annexation is currently within the service area of the Springfield Utility Board (SUB) and receives fire protection service from the Willakenzie -Springfield RFPD via Eugene/Springfield Fire. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will Exhibit C Page 4 of 7 Page 5 of 7 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 12: 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. SUB will continue to be the service provider upon annexation. Finding 13: 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, the subject property will be provided with new urban services such as public sanitary sewer. Finding 14: 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 owners applied for annexation to the City (Attachment 2, Exhibit B) in order to receive urban services for a future partition. 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 15: 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 16: 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 17: 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 18: The territory requested for annexation is contiguous with the City Limits along its eastern, western, and northern boundaries. Urban utilities including sanitary sewer, electricity, and water service, have been extended within the North Street and Filbert Lane ROWs 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. SUB states that there is 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 Filbert Lane public ROW will continue to provide service to the subject property Exhibit C Page 5 of 7 Page 6 of 7 and continue to be maintained by SUB. SUB stated that they will have to upgrade the transformer located at 4096 North Street to meet capacity. SUB noted that they have been in contact with the property owner, and they understand that the electric services will be placed underground to serve the property and that SUB requires a 7-foot public utility easement along the entire eastern property line. 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 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 Willakenzie-Springfield RFPD. Upon annexation, the Eugene/Springfield Fire Department will provide fire and emergency services directly to the subject territory. The Springfield Fire Marshal’s Office stated that the subject site is within the 5-minute time of travel for Fire Station 14 located at 4765 Main Street in Springfield. Access and water supply are pre-existing and sufficient. 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. Concurrent with annexation to the City of Springfield, the subject property will be annexed to the Willamalane Park & Recreation District consistent with City policy, an intergovernmental agreement between the City of Springfield and Lane County, and the adopted Willamalane Comprehensive Plan. Library Services – Upon annexation to the City of Springfield, the subject area’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 – An existing public sanitary sewer system is located in both Filbert Lane and North Street with sufficient depth and capacity to support the existing dwelling and any additional dwelling units on this property. Stormwater – An existing public storm sewer system is located in Filbert Lane with a catch basin at the corner of North Street and Filbert Lane to serve as overflow for stormwater treatment systems on this property. Streets – The Property has legal and physical access to Filbert Street. Filbert Lane and North Street are classified as local roads. Filbert Lane is paved with curb and gutter, and sidewalk along the property frontage. North Street is also paved but is without curb and gutter, and sidewalks along the property frontage. No additional right-of-way dedication will be needed. 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. Exhibit C Page 6 of 7 Page 7 of 7 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. 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 19: 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 20: An Annexation Agreement that outlines the applicants’ financial responsibility for provision of public streets and utilities necessary to serve the property is required when there are fiscal impacts associated with the annexation. This application does not have any required public improvements associated with the annexation. Therefore, an annexation agreement is not required for this application. Conclusion: The proposal meets and complies with Criterion D, SDC 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 SDC 5.7.150. Finding 21: The annexation area is within the delineated service territory of SUB (electric and water) and Willakenzie Rural Fire Protection District (contracted fire response). The Cities of Eugene/Springfield 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. Consistent with SDC 5.7.160, notice was provided for the public hearing on May 23, 2024, and May 24, 2024. Withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan – Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts wi thin 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 C ity of Springfield and Willamalane Park and Recreation District and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District. Exhibit C Page 7 of 7 Attachment 3, Slide 1 of 5 Attachment 3, Slide 2 of 5 Attachment 3, Slide 4 of 5 Attachment 3, Slide 3 of 5 SUMMARY OF APPROVAL CRITERIA •Criterion A – Within UGB and Contiguous to City Limits •Criterion B – Consistent with Policies of the Metro Plan •Criterion C – Within Boundary for Minimum Level of Key Urban Facilities Provided in a Timely and Efficient Manner •Criterion D – Annexation Agreement for Fiscal Impacts •Staff Recommendation - APPROVAL Attachment 3, Slide 5 of 5