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Ordinance No. 6479
CITY OF SPRINGFIELD OREGON ORDINANCE NO. 64�9 AN ORDINANCE ANNEXING CERTAIN TERRITORY (MAP 17-03-22-13, TL 20801; MAP 17-03-22- 12, TL 02100 AND PUBLIC RIGHTS-OF-WAY FOR AN APPROXIMATELY 230-FOOT SEGMENT OF GAME FARM ROAD AND APPROXIMATELY A 135-FOOT SEGMENT OF PHEASANT BOULEVARD) TO THE CITY OF SPRINGFIELD; WITHDRAWING THE SAME TERRITORY FROM APPLICABLE SPECIAL DISTRICTS; 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 February 16, 2024, said territory being Assessor's Map Township 17 South, Range 03 West, Section 22, Map 13, Tax Lot 20801, which is vacant, as well as Assessor's Map Township 17 South, Range 03 West, Section 22, Map 12, Tax Lot 02100, 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 Lots 20801 and 02100 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 for future subdivision and residential development; WHEREAS, in accordance with SDC 5.7-150(A), upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying R-1 Residential District zoning will be retained; WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director's recommendation to withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on June 3, 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 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 13, 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, this17th day of June , 2024, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 17th day of June , 2024. Mayor ATTEST: REVIEWED&APPROVED 4yt�D AS TO FORM KrfWuti a Kr City Recorder DATE: 611 SPRINGFTELD CITY ATTOWNEY'S OFFICE Ordiance No. 6479 Exhibit A Page 1 of 3 J W �j _N N LL U- N co Z a M d Z O r a 1 ❑ E r In w s d goo�00000� 000s (n <V2�V�-'�2m N82TD�2 �g a N GAME FARM ROAD SOUS 1 CO ROAD NO 3 ».e� OQ - rout 4 I swzno-E wl n i u I I xse� xseox s° � `�. \� 1• .�-.�6 c� �^ i Ia.' a`.\$ v o .r`b'4 �`��� s�or.s. •,::'ate.� -�e"` e a /N se '1 Pd - ---! Q 1 p ! Y m Ci ❑i - ,.� m �v! -c. Yo „a 01 dome /1 O! H W cq 0. ^ NU II I Ji ao �(' 0�9 m o U) O I wn W i ... Lq I 1 0 7F' it IN i I ' � Now -$ 1 omN ` O N �' .. •1 III .''�. ,�•° p N w 1S 3101a0 110 8 u!^ AA A F Ordiance No. 6479 Exhibit A Page 2 of 3 p p ch J ° J M W N LL ° W LL N N (7 CV M UtZ Cl)O Z 3Sb,L0.Z4S Z O a J a ti LZ'EZL � MJ Z.ZS.£N .K.ON a � MA Ao �N Oa o$ S3°52'24'E: 0°1 1Nn� / /////////F/i//////N'N \ /FFii/i/pvtrsv/ii////F//.cdc{////�i'i. '////�d✓!.[fd/// O 40 OQ 00'09 .78 LU ��' 8. 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Z W F,$E L�-'e�R �•j ne'� V vas �� LU Q S� �N°n4(\� 4 o :fS ��• tiry oa9 g �l �. • c?6 aye /i• ' �" �`\9. : e �� `g � c- M N 0 NOS m W LLI 0 C6 gA yr sM gao LL 4 1p Fla Q� LO h 4 M w m L CCo '= o § '8 n wq H fo00 o v h 310NO <H aN Ordiance No. 6479 Exhibit A Page 3 of 3 Legal Description for Annexation of Tax Lots 20801, 2100,and a portion of Game Farm Road Beginning at the Southeast Corner of Lot 1, Block 1, Raleighwood Park,as platted and recorded in Book 28, Page 20, Lane County Plat Records, Lane County, Oregon; Thence North 42°07'45"West 1623.49 feet to the Northwest corner of Lot 6, Block 7, 2"d Addition to Raleighwood Park; Thence South 89°45'20"West 241.79 feet to the Northwest corner of Lot 13, Block 3, 15Y Addition to Game Bird Village; Thence South 32°45'41"West 82.86 feet to the Northeast corner of Lot 12, Block 4, 1"Addition to Game Bird Village; Thence along the East line of said Lot 12 and the extension thereof,South 42°07'45" East 118.19 feet; Thence North 47°52'15" East 200.00 feet to the Southeast corner of said Lot 13; Thence South 42°07'45" East 1737.84 feet to the West margin of Game Farm Road; Thence along said West margin of Game Farm Road, South 4°38'18" East 90.00 feet; Thence North 85°21'42" East 40.00 feet to the East margin of Game Farm Road; Thence along said East margin of Game Farm North 4°38'18"West 136.43 feet to the North margin of an abandoned railroad right of way; Thence along said North margin,South 42°07'45" East 24.73 feet to the Southwest corner of Parcel 3 of Land Partition Plat No. 2006-P2030; Thence along the West line of said Parcel 3, North 3°52'24"West 123.21 feet; Thence South 86°07'36"West 65.00 feet to the West margin of Game Farm Road and the East line of said Lot 1, Block 1,of Raleighwood Park; Thence along said East line South 3°52'24" East 40.78 feet, returning to the Point of Beginning. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON MAY 12, 2011 DANIELADAM NELSON 84832LS RENEWAL DATE: 12/31/2024 Ordiance No. 6479 Exhibit B Page 1 of 19 AGENDA DEVELOPMENT REVIEW COMMITTEE DEVELOPMENTSER VICES DEPARTMENT 225 FIFTH STREET Conference Room 616/MS Teams Staff Review: Tuesday, March 12, 2024 9.30—10.00 a.m. 1. Annexation Application Submittal 811-24-000051-TYP4 Mike Gansen Assessor's Map: 17-03-22-13 & 17-03-22-12 TL: 20801, 02100 Address: 3333 Pheasant Blvd and vacant lot Existing Use: Vacant lot and single-family unit Applicant has submitted plans to Annex 2.34 acres into the city. Planner: Tom Sievers Meeting: Tuesday, March 12, 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 1 Ordiance No. 6479 Exhibit B Page 2 of 19 md Ali.: Ira r . It"}+, �■ � •. mp-tom. soon � r ■ ■�1111 � '` - 1111111 i IIIIIII���i 1111111111� 1 N SITE VICINITY MAP 811-24-000051-TYP4 Annexation Application 17-03-22-13 & 17-03-22-12 TL 20801, 02100 3333 Pheasant Blvd & vacant lot Mike Gansen Ordiance No. 6479 Exhibit B Page 3 of 19 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 A lication Submittal: 'Required Proposal Information (Applicant: Complete This Section) Property Mike GansenOwnerm Phone: Address: P.O.Box 26208, Eugene, OR 97402 E-mail: Owner Signature: �( Owner Signature: X�� Agent Name: John Schmidt Phone: 541-686-4540 Company. The Satre Group Fax: Address: 375 W 4th, Ste 201 , Eugene, OR 97401 E-mail John@satregroup.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 17-03-22-13 & 17-03-22-12 20801 & 02100 N O: TAX LOT NOS : Property Address: 3333 Pheasant Hill Area of Request: Acres: 2.34 Square Feet: Existing Use: Vacant lot and single family unit Proposed Use: Housing Required Property Information (City .Tntake Staff., Complete This Section) Reviewed Case No.: Date: By: initials Project No.: Placard: Application Postage Fee: Total Fee: Fee: Ordiance No. 6479 Revised 04/17/2023 slur Page 8 of 16 Exhibit B Page 4 of 19 February 16, 2024 MIKE GANSEN CONSTRUCTION COMPANY PHEASANT BLVD. AND GAME FARM ROAD Annexation Map 17-03-22-13, Lot 20801 and 17-03-22-12, Lot 02100 Written Statement In accordance with SDC 5.7-125, Annexation Initiation and Application Submittal, the applicant, Mike Gansen Construction Company, is requesting that the City of Springfield review this annexation request and determine that the proposal complies with criteria contained in SDC 5.7-140 and that the requested annexation can be approved. To aid Springfield staff in this endeavor, the following information is provided. I. THE SITE AND EXISTING CONDITIONS A. Planning Context Subject Property The subject property is inside the Urban ETHAN Grown Boundary (UGB) and outside the W IM MI M M W .. ., City Limits of Springfield. The site is • contiguous to the area inside City of RDINAL wr Springfield city limits on its North and East (across Game Farm Road) boundaries. �sy �p The Metro Plan designation, neighborhoods 00 plan designation and zoning for the subject II property is as follows: ; � AEI- . Metro Plan: Low Density Residential ' Refinement Low Density Residential it Plan: 9y Base Zone: Low Density Residential Overlay None TWAMOU V Zone: i • A � MALLARD P Bird Excerpt Springfield Zoning Map October 2023 B. Subject Site The existing property is comprised of two tax lots (Map 17-03-22-12, Lot 02100 & Map 17- 03-22-13, Lot 20801). Tax Lot 2100 is accessed from Pheasant Blvd. and has a y single-family structure on it. Tax Lot 20801 is '+ an old railroad right-of-way and is accessed from Game Farm Road. The site is approximately 2.54 acres in size combined. Abutting the property to the north and south are single-family residential. To the north of Lot 2100 is Community Commercial. To the east boundary, across Game Farm Road, is Mixed Use Commercial zoned property. LAND USE PLANNERS + LANDSCAPE ARCHITECTS + ENVIRONMENTAL SPECIALISTS 375 West 4th,Suite 201, Eugene, OR 97401 I Phone:541.686.4540 GROUP www.sat regrou&dm' rice E., Exhibit B Page 5 of 19 Gansen Game Farm Rd.Annexation Page 2 of 4 Annexation—Written Statement February 16, 2024 C. Development Objective The development objective is to create a long linear housing project along the old transit corridor with associated parking and amenities. Converting the old property into residential would require an Annexation, a Subdivision, and a Site Plan Review. Access from the lot may require a secondary entrance/exit at the north end off Pheasant Blvd. Other land use applications for Springfield could include a Middle Housing Subdivision and Site Plan Review. II. ANNEXATION —APPROVAL CRITERIA Annexation Approval Criteria are found in Section 5.7-140 of the Springfield Development Code (SDC). Applicable sections of the Code are in bold italics followed by proposed findings of facts in normal text. SDC 5.7-140.An annexation application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary;and is contiguous to the city limits;or separated from the City only by a public right-of-way or a stream, lake, or other body of water. Response: The affected territory is located within the city's urban growth boundary and is contiguous to the city limits on its northern, and eastern boundaries. Given this, criterion 5.7-140(A) is met. B. The proposed annexation is consistent with applicable polices in the Metro Plan and in any applicable refinement plan or Plan Districts; Response: The subject property is designated Low Density Residential on the 3- � Eugene/Springfield Metro Plan diagram. There are no applicable refinement plans or °y ;t}" � Fey °�� Plan Districts. Once annexed into the City of ?' Springfield, the Urbanizable Fringe (UF-10) overlay will no longer apply, and the site will be zoned Low Density Residential. Thef applicant, Mike Gansen Construction, may apply for a subsequent applications. AVE x Tax Map Excerpt RLID October 2023it METRO PLAN: Applicable policies of the Metro Plan are listed below: Growth Management, Goals, Findings and Policies: • Policy 8a. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: A minimum of key urban facilities and services can be provided to the area in an orderly and efficient manner. The Satre Group•375 West 41h Avenue,Suite 201, Eugene, OR 97401 •(541)686-4540•www.satregroup.com Ordiance No. 6479 Exhibit B Page 6 of 19 Gansen Game Farm Rd.Annexation Page 3 of 4 Annexation—Written Statement February 16, 2024 Response: Minimum key urban facilities and services as defined in the Metro Plan includes wastewater, stormwater, transportation, solid waste management, water service, fire and emergency medical service, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (Metro Plan, Chapter V, Glossary, definition 24). As documented elsewhere in this application these key urban facilities and services have been provided to the subject site in an orderly and efficient manner. • Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. Response: Annexation into the corporate limits of the City of Springfield is codified in the Springfield Development Code (SDC) 5.7.100 -5.7.165. Processes and procedures regarding application, annexation, approval criteria, effective date and notice, and withdrawal from special districts are, by submittal and processing of this Annexation Application, being followed. • Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. Response: The subject site is inside the Springfield's Urban Growth Boundary. By this Annexation Application herein, the land within the UGB (the subject site)is being annexed and as required by applicable approval criteria, will be provided with the minimum level of urban facilities and services. • Policy 18. As annexations to cities occur over time, existing special service districts within the UGB shall dissolve. The cities should consider developing intergovernmental agreements, which address transition issues raised by annexation, with the affected special service districts. Response: A special district providing services to the subject property is the Willamalane Park and Recreation District. Willamalane is not contemplated to dissolve. Willamalane and the City of Springfield have an intergovernmental agreement regarding property annexation into the City, therefore, when a property is annexed, annexation into the Willamalane Park and Recreation District also occurs. • Policy 21 a. When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the following method.Annexation to a city. Response: Existing facilities and services are currently provided to the development site. Therefore, this Metro Plan policy has already been satisfied. Given the above, criterion 5.7-140(B) is met. C. The proposed annexation will result in a boundary in which the 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 Response: The annexation site can be provided with key urban facilities and services as defined in the Metro Plan. Facilities and services applicable to the site, including information regarding providers, existing facilities, and service extensions, is provided below: The Satre Group•375 West 41h Avenue,Suite 201, Eugene, OR 97401 •(541)686-4540•www.satregroup.com Ordiance No. 6479 Exhibit B Page 7 of 19 Gansen Game Farm Rd.Annexation Page 4 of 4 Annexation—Written Statement February 16, 2024 Storm: The nearest public stormwater infrastructure is a storm line is within Game Farm Road along the eastern boundary of the property. The existing public and private systems will continue to be utilized. Sanitary: Sanitary infrastructure is adjacent to the site in Game Farm Road, on the eastern property line. The site will require a new sanitary service be extended along the property northwards. Service would be extended from Game Farm Road. Water: Similar to the sanitary service, the water lines are in Game Farm Road and Pheasant Blvd. on the eastern edge of the property and south side of Pheasant Blvd. Water will be provided by Springfield Utility Board (SUB). Electric: Electric infrastructure is adjacent to the subject property along its eastern boundary. Electricity will be provided by Springfield Utility Board (SUB). Streets: Game Farm Road is designated as a Minor Arterial and Pheasant Blvd. is a Local Collector. Game Farm Road is within the County and as such a portion of Game Farm Road will be annexed with this application. The applicant has current plans to access the property from Game Farm Road and a possible second access point at the north end, off Pheasant Blvd. Given this, criterion 5.7-140(C) is met. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Response: Annexation of the subject property into the City of Springfield is not anticipated to have any fiscal impacts. Therefore, an Annexation Agreement is not required for annexation of the subject property. Given this, this criterion 5.7-140(D) is met. III. Conclusion Based on the information contained in this written statement and elsewhere in the application submittal,the applicant believes that the requested annexation can be approved. If you have any questions about the above application, please do not hesitate to contact John Schmidt, at The Satre Group, 541-686-4540 or John satregroup.com. Sincerely, ,Tohyv schm i„ar John Schmidt, ASLA, Partner The Satre Group The Satre Group.375 West 41h Avenue,Suite 201, Eugene, OR 97401 .(541)686-4540.www.satregroup.com Ordiance No. 6479 Exhibit B -o v Page 8 of 19 v a; � U U c a) - � U -0 co Q N N c J tUU 7 C 1 C v U) (f) v) U) O L 4� O U J O V L O _0v x C Q p c.,1 �, o a o, o 0 0 ,- o a) a) L o w 00 T rn cm z o C) N 1° cn C + M N o ..E to 0 c•6 o N E 4- a) N N E O 0 a a) E .n ro a o C) o O ro a) U a E (O f0 T r v kD CO V N Q O O L L ry LU N ++ -� ° a U) C 1 C to u io co +' O U) -0 > Q a) U w O .. Q N C� o 4� 4�r6 L' C -0 U) (� IA a) U o > a) 4� a) C L U E U +�+ C fr- r6 C v Q a)`� N a p `� "_ OQ > a) O zz 'Bo -C - N t i U M o o C z U) a) Q) m 4 O C O C R cn E o Q C LL. '-' O p C �. (Q L LV X o ra + ) -W Z C c 'L Y Ln L cz w > o i Ql d U 3 0 � c � ao) F�- o ru > a C0 � 42 L H .I..r fa Z o C m Q) U +, f0 \ -1 ++ M 4 aX) N C O C, c' U-) d C L ~ O N 3 ru E W °-� Q Od O41 r- >- a) Z Qo a O rp c L +J c m /� O Ln L i ' N 0- (6 u �- L. L- � f0 a) �- c �a ..� Zvao O. U E cal)) C > 0 C C d 70 U O .0 C i ~ O C '� C N Oc O C c v 4._. O o �} o f y LL a O o u C) N o /1 4 .0 } O N v�i CLLJ m e 1 a) 4+ z; c + Cl. �+ N M z 'm �--� U ice- o n Ordian a lo. 64 Exhibit B Page 9 of 19 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/1 t number 17-03-22-13-20801 Mike Gansen 2.33 42,582 N Yes 17-03-22-12-02100 Mike Gansen .24 126,373 Y Yes TOTALS: 2.57 1 168,955 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 2.57 ACREAGE SIGNED FOR 2.57 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL 168,955 VALUE CONSENTED FOR 168,955 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 04/17/2023 slm 13 of 16 Ordiance No. 6479 Exhibit B Page 10 of 19 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete a// the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: John Schmidt E-mail: John@satregroup.com Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 1 - Lot 02100 • Other Uses: Vacant Land - Lot 20801 • Land Area: 2.57 total acres • Existing Plan Designation(s): Low Density Residential • Existing Zoning(s): Low Density Residential • Existing Land Use(s): Vacant and SFR • Applicable Comprehensive Plan(s): Eugene-Springfield Metro Area General Plan • Applicable Refinement Plan(s). None • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. Lots identified in the Eugene-Springfield Metro Plan as residential. Lots within the Springfield Growth Boundary. • Are there development plans associated with this proposed annexation? Yes F No If yes, describe. • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes I No F_ • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). Tax Lot 2100 is adjacent to annexed property on the north property line. Annexation will not create an island. Revised 04/17/2023 slm Page 14 of 16 Ordiance No. 6479 Exhibit B Page 11 of 19 Does this application include all contiguous property under the same ownership? Yes I No 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 0 Springfield School District 0 McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD 0 SUB 0 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. John Schmidt - The Satre Group (Name) (Name) 375 West 4th, Ste. 201 (Address) (Address) Eugene, OR 97401 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Revised 04/17/2023 slm Page 15 of 16 Ordiance No. 6479 Exhibit B Page 12 of 19 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 17-03-22-12-02100&17-03-22-13-20801 Lot 02100=3333 Pheasant Blvd.Lot 20801=vacant/none Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [✓] indefinitely or [ ] until Date Si natures of Legal Owners Please print or type name Si natur Date Signed Mike Gansen LCOG: L:�BCJ2008 BOUNCHANGE TRANSITION\APPLICATION FORMS\SPRINGF/ELD�10-03-08 UPDATED FORMStPRE-SUBMITTAL ANNEXATION APPLICATION 10-07-OB.DOC Last Saved: hfay 3,2023 Revised 04/17/2023 slm Page 16 of 16 Ordiance No. 6479 Exhibit B Page 13 of 19 January 12, 2024 GANSEN GAME FARM RD ANNEXATION Annexation Application Map 17-03-22-12, Lot 02100 Map 17-03-22-13, Lot 20801 Public / Private Utility Plan [SDC 5.7-125(B)(12)1 SDC 5.7-125(B)(12) calls for: A public/private utility plan describing how the proposed affected territory can be served by a full/minimum level of key urban facilities and services. The Annexation Application calls for: 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. In response, the Gansen Game Farm Road Annexation application includes the following Public/Private Utility Plan. This Public/Private Utility Plan describes what is known regarding facility providers, existing facilities, and anticipated service extension. Existing Facilities, Providers and Service Extension Key facilities and services as defined by the Metro Plan and how they will be met are as follows: Stormwater Tax Lot 20801 - Vacant Provider: City Current: On-Site: None. Off-Site: Public— City of a+ Springfield. Future: On-Site: Private= Gansen. Off Site: Public City of + Springfield. Y Existing Facilities: Private: None. Public: Existing public system on the eastern property line in Game Farm. It is a 42-inch main. o Service Extension: 0 Private: The line will be extended from .�Q' Game Farm Road. , Public: No future extension. The ., existing off-site public system Q will continue to be utilized. MK - • Existing Storm and Sanitary Infrastructure City of Springfield 2023 LAND USE PLANNERS + LANDSCAPE ARCHITECTS + ENVIRONMENTAL SPECIALISTS 375 West 4th,Suite 201, Eugene,OR 97401 SA THE Phone:541.680t Unce GROUP www.satregroup.com Exhibit B Page 14 of 19 Gansen Game Farm Rd Annexation Page 2 of 4 Annexation—Public/Private Utility Plan January 12,2024 Stormwater Tax Lot 2100—Single-Family Provider: City Current: On-Site: None. Off-Site: Public— City of Springfield. Future: On-Site: Private— Gansen. Off-Site: Public— City of Springfield. Existing Facilities: Private: None. Public: Existing public system in the eastern section of Pheasant Dr. There is a catch basin on both sides of the road. Service Extension: r ' Private: The line will be extended from Pheasant Drive to the property line. Public: No future extension. The existing off-site public system will continue to be utilized. l��► Existing Storm and Sanitary Infrastructure City of Springfield 2023 Wastewater Tax Lot 20801 Provider: Current: None. ' Future: City of Springfield. Existing Facilities: No public wastewater system exists on the subject property. There is, however, existing public wastewater infrastructure to the east, in Game Farm Road. Service Extension: Should wastewater infrastructure be needed for the subject property in • the future, service would be 4�0 extended from Game Farm Road. , r Existing Storm and Sanitary Infrastructure City of Springfield 2023 Wastewater Tax Lot 2100—Single-Family On ■� Provider: Current: None. - _ Future: City of Springfield. Existing Facilities: No public wastewater system exists on the subject property. There is, existing public wastewater infrastructure to the north, in Ethan Service Extension: Should wastewater infrastructure �• be needed for the north subject ` property in the future, service could be extended from Ethan Ct. Existing Storm and Sanitary Infrastructure City of Springfield 2023 �+► �� 4 The Satre Satre Group.375 West 4th Avenue,Suite 201, Eugene, OR 97401 .(541)686-4540.www.satregroup.com Ordiance No. 6479 Exhibit B Page 15 of 19 Gansen Game Farm Rd Annexation Page 3 of 4 Annexation—Public/Private Utility Plan January 12,2024 Transportation Provider: Streets: City of Springfield. Transit: Lane Transit District (LTD). Existing Facilities: Streets: Existing streets nearest the subject property, and available for access, are Game Farm Road to the east and Pheasant Blvd (to the northwest). Transit: LTD provides service currently is in Gateway Street to the west. Service Extension: Streets: There is no need to extend public street service. The subject property has existing access. Transit: Post annexation, LTD will continue to be the transit service provider. Solid Waste Management Solid waste service for un-annexed property is the responsibility of the property owner. Upon annexation, service will be provided by a private service provider under contract with the City of Springfield. The current service provider, under franchise agreement with the City of Springfield, is Sanipac. Water Service Provider: Springfield Utility Board (SUB). Existing Facilities: Service is on and adjacent to the subject property. Game Farm Road and Pheasant Blvd both have services in them that can be extended. Service Extension: Service is on site off Pheasant and does not need to be extended. The Game Farm Road water will require extension of services. Existing Water Infrastructure Springfield Utility Board 2023 Electric Service Provider: Springfield Utility Board (SUB). Existing Facilities: Existing electric infrastructure is adjacent to the subject property along its eastern boundary. Service Extension: The service would be extended to the subject lot. Existing Electric Infrastructure Springfield Utility Board 2023 The Satre Group.375 West 4th Avenue,Suite 201, Eugene, OR 97401 .(541)686-4540.www.satregroup.com Ordiance No. 6479 Exhibit B Page 16 of 19 Gansen Game Farm Rd Annexation Page 4 of 4 Annexation—Public/Private Utility Plan January 12,2024 Fire and Emergency Medical Services Fire and emergency services are provided by Eugene Springfield Fire. Upon annexation, Eugene Springfield Fire will continue to provide service. Police Protection The Lane County Sheriff provides service outside of the city limits. Upon annexation, service will be provided by the Springfield Police Department for the subject property. City Wide Parks and Recreation Programs The site is within the boundaries of the Willamalane Park and Recreation District. Park and recreation services are provided to the subject property currently and will continue to be provided after annexation. Land Use Controls The City of Springfield is the planning and building permit services provider. This service will continue after annexation. Communication Facilities CenturyLink provides a land-line telephone service. Comcast provides a cable service. Annexation will not change this. Public Schools The site is served by the Springfield School District. Annexation will not change this. The Satre Group.375 West 41h Avenue,Suite 201, Eugene, OR 97401 .(541)686-4540.www.satregroup.com Ordiance No. 6479 0 C) J J N L U LJJ N N LL LL C`N') TO p Z Z o a n w o 2 E U U Qn MMg Mnm mrvrvu`�i�u�i u`°i �� m� ¢ _ _ GAME FARM ROAD SOU CO ROAD NO3 wo _ Sa S �V /i i m e1 �co rp N �i a LJJ a U _ N ¢ r OI 'j Q I zl uj2.1 I I I m JE LLJ o N(, S a m pE�� �L1Ro m � e R6,L�. LLJ R5� 03 LLI w a=ti m i m s as a' a - 0 Q 'S A4 ! 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C � > r LU a m zw�Oyo ZU _ - - - - 14 — e �_ I I / — A --- I � i C y e Exhibit C Page 1 of 7 ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Mike Gansen Construction Company. ("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 , for Assessor's Map No. 17-03-22-13 Tax Lot 20801 which is not currently municipally addressed& 17-03-22-12-02100 currently addressed as 3333 Pheasant Boulevard, and are more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District(UF-10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR). E. Annexation of the Property requires a showing under SDC 5.7.140(C)that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springlield 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 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT—Page I of 7 Ordiance No. 6479 Exhibit C Page 2 of 7 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located at the intersection of Game Farm Road and Mallard Avenue,which is at the southeast corner of the property along the Game Farm Road frontage. The public line terminates at this location currently and will need to be extended to the property for any development. The manhole has a depth of 14' and this is sufficient to extend service through the 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. • An existing public storm sewer system is located at the Game Farm Road and Mallard Avenue intersection. This line is at 6' depth and is available for overflow but does not currently have sufficient depth to extend through the site and onsite stormwater management will be required for any development that increases impervious area on site. L An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Game Farm Road on the east side and Pheasant Boulevard on the west side through a TL 17-03-22-12-02100 (3333 Pheasant). • Both Pheasant Boulevard and Game Farm Road are currently under Lane County jurisdiction and any access to the site through either frontage will require county approval and permits for any improvements along the frontage. • The frontage of Game Farm Road is currently unimproved with an asphalt mat paving for Game Farm Road only. There is no curb and gutter, sidewalk or street trees. This frontage is also heavily impacted with existing overhead powerlines and poles. • Pheasant Boulevard is currently unimproved with asphalt matt paving only. There is no curb and gutter, sidewalks or street trees. J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below,APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. ANNEXATION AGREEMENT—Page 2 of 7 Ordiance No. 6479 Exhibit C Page 3 of 7 1.1.1. Upon development of any dwelling unit(s) or other inhabited structure(s), including middle housing for either existing lot,APPLICANT shall improve the frontage of Game Farm Road to full City standards, including but not limited to: street paving, storm sewers, sanitary sewers, curbs, gutters,planter strips, street trees, streetlights and sidewalks. 1.1.2. Upon development of any dwelling unit(s) or other inhabited structure(s), including middle housing for either existing lot APPLICANT shall improve the frontage of Pheasant Boulevard to full City standards, including but not limited to: street paving, storm sewers, sanitary sewers, curbs, gutters,planter strips, street trees, streetlights and sidewalks. 1.1.3. Upon development of any dwelling unit(s) or other inhabited structure(s), including middle housing on either lot APPLICANT shall extend sewer service from the existing manhole in Game Farm Road through the site using the City of Springfield PIP process for building public infrastructure. 1.1.4. Upon development of any new impervious surface, or replacement of any existing impervious surface, on either lot,the applicant will construct a storm drain management system that meets all criteria for stormwater runoff in the Springfield Development code 4.3.110. APPLICANT shall construct the overflow connection using the city of Springfield PIP process for building public infrastructure. 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 City. 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 ANNEXATION AGREEMENT—Page 3 of 7 Ordiance No. 6479 Exhibit C Page 4 of 7 precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly,the City retains all rights for enforcement of this Agreement. 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of building permit approval,partition or subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers,petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan Urbanization Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. 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 Turd and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et seq. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation ANNEXATION AGREEMENT—Page 4 of 7 Ordiance No. 6479 Exhibit C Page 5 of 7 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 5 of 7 Ordiance No. 6479 Exhibit C Page 6 of 7 DATED this day of 120 IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date Its: STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 520 BY AS OF (APPLICANT) NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT—Page 6 of 7 Ordiance No. 6479 Exhibit C Page 7 of 7 CITY OF SPRINGFIELD By: Nancy Newton, City Manager STATE OF OREGON I SS COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 520 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT—Page 7 of 7 Ordiance No. 6479 Exhibit D Page 1 of 13 SPRINGFIELD TYPE 4 -ANNEXATION STAFF REPORT AND FINDINGS OF FACT - SECOND READING O REGON File Name: Gansen Annexation ` ,r e109 ... Applicant: Mike Gansen 'MP N,NEENNEEN� Case Number: 811-24- 000051-TYP4 Proposal Location: 3333 Pheasant .� B l v d a n d vacant linear strip.Assessor's Map 17- ��� ► . 03-22-13,TL 20801; 17-03- 22-12,TL 02100 and segments of Game Farm . � � , • Road and Pheasant Boulevard. Current Zoning & Comprehensive Plan , Designation: R-1,Residential District, Designated LDR,Low Density Residential with the "",""'�i� - • (UUF- o)able Fringe Overlay Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Comprehensive Plan Application Submittal Date: February 16,2024 Associated Applications: 811-23-000173-PRE(Development Issues Meeting); 811-24-000022-PRE(Completeness Check) Second Reading Update—all additions to this staff report in response to the 6/3/24 public hearing and public comments are highlighted in yellow to show changes and information that has been added herein. 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 Page 1 of 13 Ordiance No. 6479 Exhibit D Page 2 of 13 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 August 24, 2023 (Case 811-23-000173-PRE). Conclusion: The requirement in SDC 5.7.120 is met. Annexation Initiation and Application Submittal (SDC 5.7.125): In accordance with SDC 5.7.125(13)(2)(b)(i) and ORS 222.170(1), an annexation application may be initiated by"more than half the owners of land in the territory,who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land." 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: Part of the subject site is addressed 3333 Pheasant Boulevard and the remaining linear strip of land is a vacant former railroad right-of-way. The addressed property is located at the northeast side of Pheasant Boulevard,with the vacant linear lot directly behind it. 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 Game Farm Road and Pheasant Boulevard. 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 subdivision and residential development. A public sanitary sewer line stub is already available at the site's southern property line and would be extended to serve the future development, as shown in the image below(the purple lines and circles show the existing sanitary sewer system). An Annexation Agreement has been prepared and is ready to be signed by the applicants and will be ready for execution by the City upon approval by Council. 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 applicant currently receives water service and fire protection from the Springfield Utility Board (SUB), Rainbow Water District, and the Willakenzie-Springfield Rural Fire Protection District (RFPD). 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 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 13 Ordiance No. 6479 Exhibit D Page 3 of 13 The approximately 140,000 square foot annexation area consists of the 0.24-acre addressed property,the 2.33 acre vacant linear property, and the additional right-of-way segments of Game Farm Road and Pheasant Boulevard. ■ soon ■ - 1 ■ P r ■ Sewer Connection a-6 zsn�- M 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 16,2024,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 811-23-000051-TYP4. Newspaper Notice. Notice of the June 3, 2024, public hearing was published in The Chronicle on May 16' and May 231d for two consecutive weeks prior to the hearing. Posted Notice. A total of five (5) notices were posted for the June 3,d public hearing. Two(2)digital notices were posted on both the City of Springfield website on May I" and the Department of Public Works' Digital Display in City Hall on May 17t'. One (1)notice was posted on the physical display board in the City Hall lobby Page 3 of 13 Ordiance No. 6479 Exhibit D Page 4 of 13 on May 1st and two(2)notices were posted atthe subject property along the Game Farm Road and Pheasant Boulevard frontages on May 17'. Finding 4: Staff received written comments from the public on May 22,2024. The following is a summary of the comments: Paul Esselstyn 3348 Raleighwood Ave. Mr.Esselstyn expressed his concerns regarding emergency response,particularly focusing on fire safety due to his extensive experience as a retired firefighter. He expressed concerns about the width of the proposed roadway,which may not meet fire code standards for accommodating fire apparatus, specifically for aerial equipment. Additionally, he questions whether the developer's plans could compromise the established emergency response capacity of the fire department as it relates to the placement of fire hydrants. Mr. Esselstyn would like to see public ownership and maintenance of the proposed roadway to ensure safe access for emergency services. He also raised concerns about water supply infrastructure for firefighting purposes, emphasizing the need for careful review by the city before approving the annexation and subsequent development proposal. Mr. Esselstyn noted that he is not objecting to building homes on the site but is opposed to the plan moving forward until he can review an actual development plan. Staff Response: The proposed roadway width, at this time,is conceptual but has been shown to be 21-feet, and fire code requires 20-feet. While this concept satisfies the code requirement and shows that fire services can be provided to the property in an orderly, timely, and efficient manner, the details for the proposed roadway will be further analyzed during the review of a development application. This is also the case for placement of fire hydrants and specific curve radii of the proposed roadway. The Lane County Transportation Planning department has jurisdiction over the surrounding streets and has requested right-in-only access from Game Farm Road with one-way circulation in through the site and exiting at Pheasant Boulevard due to the confluence of streets at Game Farm Road and Mallard Avenue. Details on roadway ownership will be further reviewed during review of a development application. The Eugene/Springfield Fire Marshal's Office reviews applications from annexation to development proposals and will provide detailed insight into the functioning and operations of the roadway to insure safe access for fire and life services. FINDING: During the June 3, 2024 public hearing,the City Council heard testimony from 23 area residents, and received 2 additional sets of written comments,which has been memorialized in full in the record. Staff has compiled and summarized the testimony as follows: Comments against future development: Pheasant Blvd as point of egress. Lots of pedestrian activity on Pheasant with no sidewalks and additional traffic. Increased traffic. Tall structures proposed. Noise,light,and traffic pollution. Lot is too small (width). Particulates(dust)during construction. Loss of wildlife habitat. Loss of privacy. No available parking. Homes will not be affordable. Other properties will be annexed by the City because of this annexation. Properties will have a 5-foot setback on the Pheasant Blvd side. Annexation is for private gain. Should restrict development to one-story units. Should be a greenspace or trail system. Not enough parking in the area. Page 4 of 13 Ordiance No. 6479 Exhibit D Page 5 of 13 Concerned about actual locations of lot lines. Houses could be as tall as 35 feet. Access for SUB trucks and maintenance. 7-foot fences in county would be in conflict with 6-foot city requirement. Road noise and need for sound barriers. No greenspace for development. First responders will not be able to reach existing homes. Long construction duration. Stormwater management. Response: The comments listed above relate to the future development of the site and do not have bearing on the approval criteria for annexations contained herein. Some comments likely do not address future applicable approval criteria for the development of the site such as home affordability,private gain of developer,restrictions on private owner as to how they develop their property, construction duration, and loss of wildlife habitat depending on how (and if)the applicant proceeds with development, as the approval criteria for housing are required by state law to be clear and objective, and as such the Springfield Development Code does not contain approval criteria for housing that addresses many of the above concerns. There are other comments that will be addressed in a development application such as soil conditions,traffic calming measures,noise, air,light,and traffic pollution,privacy concerns, parking allotment, siting of structures and setbacks, and stormwater management. It was also suggested that the property should be developed as a trail system or greenspace for area residents,possibly even seeking federal funding through Rails to Trails. During public testimony, it was noted that the surrounding neighbors were approached to collectively purchase the railroad property in the past, which did not come to fruition. Since the property is held under private ownership,it is ultimately up to the owner to decide the use. Comments against the annexation criteria of approval: Soil contamination from former railroad. Gateway Refinement Plan goals do not support the annexation and designates the property as a historic landmark. Property is not contiguous to the city limits. One-way street and traffic flow. No space for fire truck maneuvers. Response: The points made above that are applicable to the annexation approval criteria have been addressed in the staff report below. Some points have already been addressed in the first writing of this report, such as fire apparatus access and traffic circulation,and others that have been added are highlighted in yellow. 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 of Approval 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. Page 5 of 13 Ordiance No. 6479 Exhibit D Page 6 of 13 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). FINDING: One piece of public testimony claimed that the property is not contiguous to the city limits,which is not accurate. It is clear in the image below that the northern property lines are contiguous to the orange-dashed city limit line. The opaque shaded area is unannexed territory and the clear area is annexed territory. z . Conclusion: The proposal meets and complies with Criterion A(1), Subsection 5.7.140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding 6: The annexation area is located within the acknowledged Springfield UGB and as more specifically delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding 7: The Springfield 2030 Comprehensive Plan amends the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) through adoption of ordinances since 2011. Volume 1 of the Springfield 2030 Comprehensive Plan includes the following elements: Economic,Residential Land Use&Housing,Recreation,Transportation,and Urbanization. In December 2016, Springfield adopted the Urbanization Element in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. Finding 8: The territory requested for annexation is within an area that is zoned R-1 Residential District and is designated for Low Density Residential(LDR) in the Springfield Comprehensive Plan (which became effective Page 6 of 13 Ordiance No. 6479 Exhibit D Page 7 of 13 March 1, 2024, replacing the Metro Plan Diagram within the Springfield UGB). The adopted elements of the Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB,particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property, although the Urbanizable Fringe (UF-10)overlay will be removed upon annexation. Finding 9: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Comprehensive Plan Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Comprehensive Plan Urbanization Element recognize that as annexations to the City occur, the special district service areas within the UGB will diminish incrementally and eventually will be dissolved. Finding 10: The territory requested for annexation is currently within the service area of the Springfield Utility Bo and (SUB) and receives fire protection service from the Willakenzie-Springfield Rural Fire Protection District. 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. 3333 Pheasant Boulevard currently receives water service from Rainbow Water District. The linear parcel included in the annexation request does not contain water services because it is vacant and formerly a railroad ROW. As discussed below in more detail under finding 17, water services for the linear vacant parcel can be achieved through a 1995 Urban Services Agreement between the City of Springfield, Springfield Utility Board,and Rainbow Water District. 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 ready to be signed by the applicant and is ready to be executed by the City in order to receive City services(Attachment 2,Exhibit Q. FINDING: The subject site is in the Gateway Refinement Plan (GRP). The following findings are adopted in response to the public testimony concerning certain goals of the GRP: 1. "Maintain the livability and quality of existing residential neighborhoods as new development occurs." This is Goal 7 of the Community and Economic Development Element on page 8 of the GRP. The goals of this element intend to balance the refinement plan areas' needs with those of the larger Springfield and metropolitan community as the area experienced transition from rural to urban conditions,its importance to generating jobs,the regional significance of its commercial and industrial resources,and the need to preserve key assets and features that are intrinsic to high quality of life. The goals largely refer to economic growth and development in the GRP area, which work to buffer the residential neighborhoods from economic development(i.e. increasing jobs in this area means more industry and commercial business and therefore increasing potential impacts to neighborhoods). Goal 7's intent is to buffer the residential neighborhoods from economic development, not further residential development, and therefore is not applicable to this annexation application. 2. "Ensure efficient and safe transportation systems in and around residential areas. Promote walking and bicycling as alternative modes of travel by providing pathway connections between residential areas and Page 7 of 13 Ordiance No. 6479 Exhibit D Page 8 of 13 other important destinations." This is Goal 8 of the Residential Element on page 9 of the GRP. Staff and associated outside agencies have taken every necessary measure to ensure this goal is met, especially as it relates to the safe functioning of intersections,where most transportation conflicts arise. Much of the public testimony surrounded the lack of space for sidewalks in the future development and the inability to promote safe walking and bicycling. While this is a matter to be fully reviewed at the time of development, the concept thus far includes a private roadway built to urban standards with sidewalk on the northside of the proposed street(along the frontages of the dwellings). This will provide a safer pedestrian experience when compared to adjacent roadways that are not currently built to the same standard. Additionally,the Goals of the GRP are to provide a framework for a 20 year planning horizon. The city is currently in discussions with Lane County to discuss the transition of county roads to urban roads as development occurs and improvements are made to the existing transportation infrastructure to bring them into compliance with urban standards. 3. The Historic Resources Element of the GRP addresses identified historic features throughout the refinement plan area. For the purposes of the refinement plan, significant historic resources are classified as Significant Goal 5 Historic Resources as designated by the State. There are four(4) policies of the historic resources element. Policy 1 of the GRP refers to the Economic, Social, Environmental, and Energy Consequences (ESEE) analysis that was required to be developed by the city by July 1, 1992, for each of the Significant Goal 5 Historic Resources. Policy 2 encourages on-site retention of Significant Goal 5 Historic Resources; however, it states that moving structures is allowed. Policy 3 establishes that the `Historical Coordinator' shall explore the feasibility of and funding for the installation of commemorative plaques marking the sites of the Deadmond Ferry Crossing, the former Southern Pacific Railroad corridor, and the hanging tree. Lastly,Policy 4 encourages the Springfield Planning Commission(and Hearings Official where applicable) to consider rezoning historic resource sites identified in the Historic Resources Survey Listing to allow different but compatible uses,as an incentive for retention and maintenance of the historic sites/structures. The GRP policy further states that such re-zoning shall be consistent with Metro Plan policies, and shall be contingent upon retention,maintenance,and nomination of the structures for inclusion on the City Landmark Inventory. None of these policies are applicable to a request to annex property that is not a Significant Goal 5 resource and is not proposed to have the base zoning district changed; as explained below,these policies are therefore inapplicable to this annexation. The Historic Resources Survey Listing located on page 40 of the GRP lists the Abandoned Southern Pacific Railroad Spur(resource#11)as a contributing historic resource,not a Significant Goal 5 Historic Resource. Policy 3 encourages the City to explore a commemorative plaque for the railroad spur, but this is not identified as any mandatory criteria or obligation for annexation or development of the site. Furthermore, there are additional sections of the railway shown on the map that have been developed, namely Martin Luther King Junior Parkway, Pioneer Parkway, the adjacent Holiday Inn Express and Courtyard Eugene Springfield, and further interceding businesses beyond Beltline Road. This section of railway is not listed in the adopted City of Springfield Historic Landmark Inventory. 4. "Mitigate adverse impacts of public facilities on residential areas." This is Policy 17 of the Residential Element as found on page 15 of the GRP. Policy 17.1 identifies the requirement to buffer"future electrical substations,roads,fire stations, and sanitary and storm sewer facilities"from residential areas"to the extent reasonably practicable" The proposed annexation does not involve or require the types of public facilities listed in Policy 17.1. Therefore,this policy is not applicable to the proposed annexation. 5. Goal 6 of the GRP Residential Element states to "Minimize adverse environmental impacts of residential development. Integrate natural assets into residential development planning to the maximum extent practicable." As explained elsewhere in the findings,there are no significant natural resources under Goal 5 located on the subject site. Public testimony surrounded potential contamination in the soil from the operation of the rail spur and a concern that residential development of this site would create an adverse environmental impact due to disturbing the soil during construction. Staff consulted the Environmental Protection Agency (EPA) interactive map, EnviroAtlas, to preliminarily review the subject site for brownfield status, hazardous waste sites (both active and inactive), superfund sites, and the toxic release Page 8 of 13 Ordiance No. 6479 Exhibit D Page 9 of 13 inventory. No data was returned on or near this site that would indicate it is contaminated. Staff further consulted the Oregon Department of Environmental Quality (DEQ) for any local listings of brownfield or otherwise contaminated sites and did not find any records for the subject site. Thus,the information available indicates that there will not be any adverse environmental impacts on future residential development caused by annexation and ultimate development of this site. Conclusion: Based upon the initial findings and the updated findings, 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,are located within the Game Farm Road ROW and can be extended to serve the subject property, adjacent properties, and areas beyond the annexation territory if needed to provide more convenient sewer connection to such properties. 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 in a timely,orderly, and efficient manner: Water—As noted above, SUB is the exclusive water service provider for properties within the City limits. Jamie Porter(Rainbow Water District) provided the following information: In accordance with Section 4.£a. of the 1995 Urban Services Agreement between the City of Springfield, Springfield Utility Board (SUB), and Rainbow Water District (Rainbow), "Rainbow will manage and administer water service exclusively to customers within its boundaries and for the Gamebird Village and Raleighwood Subdivisions, until otherwise agreed upon." 3333 Pheasant Blvd(TL 02100) is currently a Rainbow Water District customer. The former railroad right-of-way(TL 20801) is between the two subdivisions and not currently provided water service. For these parcels, based on the 1995 Urban Services Agreement,Rainbow's corporate territory(with property taxing authority)does not align with Rainbow's water service area. Rainbow is not the fire protection provider in this case. Annexation by the City of Springfield will withdraw the parcels from Willakenzie Rural Fire Protection District. Finding 18: The property addressed as 3333 Pheasant Boulevard is within the Game Bird Village subdivision and currently receives water service from Rainbow Water District. The vacant linear lot(TL 20801) does not currently receive water service due to its prior history as a railroad right-of-way. SUB has a legal obligation to serve this property (TL 20801) upon annexation to the city limits unless SUB and Rainbow Water District reach a different agreement to provide services. Rainbow Water District is willing and able to provide water service. SUB states that there are water system facilities available in the area to provide water service to the proposed development following annexation to the City(SUB Water Representative:Keoki Lapina, KeokiLksubutil.com). Regardless of the provider, water service is available to serve the former railroad right-of-way(TL 20801) at the time of development. Page 9 of 13 Ordiance No. 6479 Exhibit D Page 10 of 13 Electricity — SUB provides electric service to the neighborhoods within incorporated areas of Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Per Danny Stanfield(SUB Electric) a minimum 25-foot PUE will be granted on the northwest side of the property to maintain the minimum clearances from SUB's transmission line. Also,an existing 10-foot PUE on the southeast side of the property will remain and the future tentative plan will include parking area next to SUB's distribution line on the southeast side of the property large enough to accommodate a SUB line truck for maintenance. The residences will need to be built in such a way as to maintain the minimum horizontal clearances from SUB's distribution line on the southeast side of the property. There is sufficient capacity to service future development of the site. 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 Sheriffs 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 the Willakenzie Rural Fire Protection 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 evaluations will take place at the time of development. Concerning response time, the subject property is within the 5 minute time of travel of Fire Station 5 located at 2705 Pheasant Boulevard in Springfield,which is approximately 1,800 feet due south from the subject site as depicted below and outlined in red for clarity. Staff had further conversation with the Fire Marshal's Office after the 6/3/24 public hearing, and the above findings were affirmed. The Fire Marshal's Office also confirmed that the minimum required street width for safe fire apparatus access is 20-feet clear width (2022 Oregon Fire Code, Section 503 Fire Apparatus Access Roads, 503.2.1 Dimensions) and the conceptual proposal for the future development has shown 21 to 22-feet being provided. The one-way circulation format proposed for the future development does not apply to emergency access. Therefore, fire and emergency services can be provided to the subject site in an orderly and efficient manner at the time of future development. 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. Page 10 of 13 Ordiance No. 6479 Exhibit D Page 11 of 13 _ r71eY-L.lw fm •i . �� IIIIIIIi►1►�� ��� ��., l , IIIIIII�iI'�• ,.� 1111�III1111� - � , 1111111111111� ■�, �����■�■■;� � 0�©' ■mow r GN - x "� - -- Gateway Station/Fire Station#5 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 special district territory of Willamalane and will remain that way upon annexation. Library Services —Upon annexation to the City of Springfield, the subject area's residents will be served by the Springfield Public Library. Schools — In an email dated May 23, 2024, the Eugene 4J District stated that there should be no issues with the possible enrollment impact of the future development. Based on the provision of the R-1 (low density)residential zoning district,the annexation territory could generate a school-age population. At the time of future development or redevelopment,the School District would be referred any development plans including proposals. Page 11 of 13 Ordiance No. 6479 Exhibit D Page 12 of 13 Sanitary Sewer — An existing public sanitary sewer system is located at the intersection of Game Farm Road and Mallard Avenue, which is at the southeast corner of the property along the game farm frontage. The public line terminates at this location currently and will need to be extended to the property for any development. The manhole has a depth of 14' and this is sufficient to extend service through the site. Stormwater —An existing public storm sewer system is located at the Game Farm Road and Mallard Avenue intersection. This line is at 6' depth and is available for overflow but does not currently have sufficient depth to extend through the site and onsite stormwater management will be required for any development that increases impervious area on site. Streets — The Property has legal and physical access to Game Farm Road on the southeast side and Pheasant Boulevard on the northwest side through Tax Lot 17-03-22-12-02100 (3333 Pheasant Blvd). Both Pheasant Boulevard and Game Farm Road are currently under Lane County jurisdiction and any access to the site through either frontage will require county approval and permits for any improvements along the frontage. County transportation planning staff were included in development meetings during the review and determined that access to the future development would require right-in-only access from Game Farm Road with one-way circulation through the site and exiting on Pheasant Boulevard. This determination stemmed from the close proximity of intersecting streets at the south end of the subject site. In an email dated May 22,2024,Lane County Transportation Planning confirmed support for the circulation pattern of the proposed future development. A transfer of jurisdiction is not proposed for these sections of roadway. The frontage of Game Farm Road is currently unimproved with an asphalt mat paving for game farm only. There is no curb and gutter, sidewalk,or street trees. This frontage is also heavily impacted with existing overhead powerlines and poles. The frontage of Pheasant Boulevard is currently unimproved with asphalt matt paving only. There is no curb and gutter,sidewalks or street trees. Solid Waste Mang ement—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. 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 at the time of development. 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 outlines the applicants' financial responsibility for provision of public streets and utilities necessary to serve the property (Attachment 2, Exhibit Q. The Annexation Agreement has been prepared and is ready to be signed by the applicant and is ready to be executed by the City upon annexation approval by City Council. 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. Fiscal impacts to the Page 12 of 13 Ordiance No. 6479 Exhibit D Page 13 of 13 city to provide public services to the site,other than the public infrastructure outlined in the Annexation Agreement, are de minimis. Therefore,all fiscal impacts to the City have been mitigated by the 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 SDC 5.7.150. Finding 21: The annexation area is within the delineated service territory of SUB(electric),Rainbow Water District (Water), and the Willakenzie Rural Fire Protection District (fire). 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. 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 May 1,2024, and mailed notice on May 16,2024. Withdrawal from the Rainbow Water District and 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 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 and the Willakenzie Rural Fire Protection District. Page 13 of 13 Ordiance No. 6479