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HomeMy WebLinkAboutOrdinance 6224 07/07/2008 -, ORDINANCE NO 6224 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND THE LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM.THE GLENWOOD WATER DISTRICT AND DECLARING AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, a request to annex certain territory was submitted on March 17, 2008, said territory being described as follows: Franklin Boulevard right-of-way, Glenwood Bridge right-of-way, and Willamette River, located on Assessor's Maps Township 17 South, Range 03 West, Section 34, Map 40 and Township 17 South, Range 03 West, Section 34, Map 44, as generally depicted and more particularly described in Exhibit A; and,' WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7 and ORS Chapter 222 to accept, process, and act on annexations to the City; and WHEREAS, consistent with SDC 5.7-125(A) and (B)(3) and ORS 222.111(2), the City Council initiated the annexation by Resolution No. 08-06 on March 17,2008 (Exhibit B); and WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125 and ORS 222 and has been set for public hearing; and, WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitan Area General Plan (more commonly known as the Metro Plan) urban growth boundary and is contiguous to the City limits [SDC 5.7-140(A)]; and, WHEREAS, the annexation is consistent with Policy 10, page II-C-4; Policy 16, page II-C-5; and Policy 21, page II-C-6, in the Metro Plan [SDC 5.7-140(B)] requiring annexation to the City of Springfield as the highest priority for receiving urban services; and WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly and efficient manner as required in Metro Plan Policy 8, page II-C-4, and where there will be a logical area and time within which to deliver urban services and facilities [SDC 5.7-140.(C)]; and, , WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to approve the annexation of territory (Exhibit C); and, WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently annex the area to the Lane County Metropolitan Wastewater Service District [SDC 5.7- 140(B)]; and is consistent with the inter-governmental agreement between the City of Springfield and Lane County regarding boundary changes dated May 21,2008; and, WHEREAS, a Staff Report was presented to the City Council with the Director's , recommendation to concurrently withdraw the area from the Glenwood Water District and the annexation area continues to serve as public infrastructure [SDC 5.7-140.B]; and, WHEREAS, the Common Council of the City of Springfield has determined that the provision of city services to the subject area are necessary immediately for the health and safety of the City of Springfield; and, WHEREAS, standard adoption procedures would result in an effective date delayed until after the November election cycle (November 5, 2008); and, WHEREAS, on July 7, 2008, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and fmdings 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 CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: SECTION 1: The Common Council of the City of Springfield hereby approves the annexation of territory to the City of Springfield and Lane County Metropolitan Wastewater District, said territory being described as follows: Franklin Boulevard right-of-way, Glenwood Bridge right-of-way, and Willamette River, located on Assessor's Maps Township 17 South, Range 03 West, Section 34, Map 40 and Township 17 South, Range 03 West, Section 34, Map 44, as generally depicted and more particularly described in Exhibit A. SECTION 2: The withdrawal ofterritory (as described in Section 1 above) from the Glenwood Water District shall become effective on July 1,2009. SECTION 3: The City Manager shall send copies of this Ordinance as required bySDC 5.7-155. SECTION 4: It is hereby found and determined that matters relating to the provision of City services are matters affecting the public health, safety, and welfare and that an emergency therefore exists and this Ordinance shall take effect immediately upon adoption by the Council and approval of the Mayor. ADOPTED by the Common Council of the City of Springfield this ~ day of July, 2008, by a vote of 4 for and 0 against. (2 absent) APPROVED by the Mayor of the City of Springfield this 7th day of July, 2008. CityR~CO~~ ATTEST: Ordinance No. 6224 IUYIElfH[) & APP~OVE[) A~~ DATE: 2. 0 I OFFICE OF CITY ATTORNEY EXHIBIT A - P1 ORD. NO. Exhibit A-lof2 Legal Description for Franklin Blvd et al. Beg at a pt on the intersection of W r/w of South Brooklyn St and the S r/w of Franklin Blvd (aka McKenzie Hwy), S34 Tl7S R03W WM; th NWly 70.00 ft mil across Franklin Blvd to the intersection of the N r/w Ii of Franklin Blvd and the W r/w Ii of North Brooklyn St; th alg sd N r/w Ii of sd Franklin Blvd (varying Widths) Ely 1,297.46 ft mil to the W bank of the Willamette River; th N66057Yi'E 290.00 ft mil parallel to the N r/w Ii of the West Bound lane of the Bridge to Springfield (aka Glenwood Bridge) to the c/li of the Willamette River and the existing Springfield city limits line; th algsd c/li of the Willamette River and the existing city limits SWly 257.00 ft mil; th leaving sd c/li and city limits and parallel to the S r/w Ii of the East Bound lane of the Bridge to Springfield (aka Glenwood Bridge) S66057Yi'W 220.00 ft mil to the W bank sd Willamette River; th leaving sd W bank SWly and SEly alg the S r/w of sd Franklin Blvd (varying widths) and the E r/w of McVay Hwy (aka Hwy 225 or Franklin Blvd) 1,348.50 ft mil to a pt of intersection of sd E r/w of McVay Hwy wi the N r/w of the Southern Pacific Railroad; th leaving sd E r/w SWly 65.00 ft mil alg sd N railroad to the W r/w ofsd McVay Hwy; th NWly 1,367.17 ft mil alg the W r/w sd McVay Hwy (varying widths) and the S r/w sd Franklin Blvd to the pt of intersection with the W r/w of sd South Brooklyn Street and the POB, all in Lane County, Oregon. EXHIBIT A-2 EXHIBIT A - P2 There are no warranties that accom . Users assume all responsib tit &. pany this product arising from . I. Y ,or any loss or damage of this Prod::;y error; omiSSIOn or positional inaccuracy ~msl . ~~::. Oulslde of City Umits r--- L__J Within City Umits o , 250 500 'Feel " . .~ ~. EXHIBIT A - P3 EXHIBIT A-2 Springfield, OR There are no wananties that accompany this product Users assume aU responsibility for any loss' or damage arising from any error; omission or positional inaccuracy of this product. CJ CJ Public ~M!.;t Oulside of City Limits Right-of-Way -.. Tax Lots [::J Within City Limits o " 250 500 'Feet l' EXHIBIT B RESOLUTION NO 08-06 EXHIBIT B - P1 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE. WHEREAS, the City Council is authorized by Section 5.7-125 of the Springfield Development Code to initiate annexation of contiguous property to the City Limits of Springfield, and WHEREAS, the property to be annexed is publicly owned property and rights of way of the State of Oregon, and WHEREAS, the territory to be annexed is within tlie Eugene-Springfield Urban Growth Boundary, is contiguous to the City of Springfield and can be provided with a full range of key urban services including sanitary sewer, water, storm drainage, police and fire protection, electrical service, land use controls, street lights and paved streets, recreational facilities and library. WHEREAS, annexation procedures shall be initiated and followed in accordance with the public notice and hearing process, criteria of approval and ordinance adoption procedures contained in Springfield Development Code Section 5.7- Annexations. NOW THEREFORE THE CITY OF SPRINGFIELD DOES RESOLVE AS FOllOWS: Section 1: The Common Council of the City of Springfield does hereby announce its intention to conduct public hearings to consider annexation of territory generally described as publicly owned rights of way and public property located between the Willamette River and the intersection of Franklin Boulevard with McVay Highway, in the vicinity of the west end of the Glenwood Bridge, as depicted and more specifically described on the attached Exhibits A and B. ' Section 2. This Resolution shall become effective upon its adoption and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 17thday of March 2008, by a vote of 2-for and -2...against. APPROVED by the Mayor of the City of Springfi ATTEST:~~ City Recorder f'('"I"r.:' ,~." '"t ", '"''1'''R''''~'ED .' " ,", ," '", '. I; " !, 'c'" ,c,l ,. ~ ~,' , '" b \:: ~ =- 10. t..,; 1,;... I:': Ir~ II . VI.' A~TO FORhl! o :>~ \-\ ~ L"",..p"'"'<-'I no-c. '3.1~ vAl G, ___,__ OFFICE OF Cl. Y ATTORNEY EXHIBIT B - P2 EXHIBIT Beginning at the most Easterly comer of that tr~ct of land described in a deed from Philip L. Marvin and Joan C. Marvin to Too Blue LLC, recorded for public record July 21, 1998 on Reel 2444R at Reception 9857393, Lane County Official Records, in Lane County, Oregon, (current tax lot 17-03-34-41-00100); thence Southeasterly 250 feet, more or less to the most Northerly comer of a tract of land described in a deed from Adam & Thora M Jackson, trustees, Adam Jackson, Thora M. Jackson, Pamela S. Seaver'and William R. Seaver to the Seaver Mobile Home Park, recorded for public record December 29, 1994 at Reception No. 9488428, Lane County Official Records, in Lane County, Oregon (current tax lot 17-03-34-44-00100); Thence Southwesterly and Southeasterly along the courses of the Southerly right of way of Franklin Boulevard (Mc Kenzie Highway) and the Easterly right of way of McVay Highway ( Highway 225) 1,385 feet, more or less, to a point of intersection of the said East right of way of McVay Highway with the Northerly right of way of Southern Pacific Railroad, said point is the Southwest comer of that tract of land described in a deed from William R, Greenhoot and Greenhoot Construction, Inc to WRG Properties, LLC, recorded for public record on Reel 2361 R at Reception No. 97809986, Lane County Official Records, in Lane County, Oregon (current tax lot 17-03-34-44-00101) Thence Southwesterly 60 feet, more or less, along the Northerly right of way of the Southern Pacific Railroad to a point of intersection with the Westerly right of way of McVay Highway ( Highway 225); thence Northwesterly 1,330 feet, more or less, along the .courses of the Westerly right of way of McVay Highway and the Southerly right of way of Franklin Boulevard to a point of intersection with the Westerly right of way of South Brooklyn Street, said point is the Northwest comer of that tract of land described in a deed from Maxwell Family, LLC to Equilon Enterprises, LLC, recorded for public record April 1, 2002 at Reception No. 2002-025060, Lane County Deeds and Records in Lane County, Oregon ( Northeast comer of current tax lot 17-03-34-43-00100); thence leaving the Southerly right of way of Franklin Boulevard, Northerly 70 feet, more or less, across Franklin Boulevard t~ the Northwest comer of .Franklin Boulevard and North Brooklyn Street, said point is the Southeast comer of that tract of land described in a deed from Alan Murtagh and Vaughan Billing to Skillern Investments Limited Partnership, LLC, recorded for public record September 26, 1996 at Reception No. 9665236, Lane County Official Records, in Lane County, Oregon, (the Southeast comer of current tax lot 17-03-34-42-00600); Thence Easterly along the courses of the North right of way line of Franklin Boulevard, 1,270efeet, more or less, to the point of beginning. 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Streets --------, , . . . , , 1.._______ 111 X Lots D Annexation Area -c ~ I,Goo t,DDI F..t , EXHIBIT C EXHIBIT C - P1 TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Franklin Boulevard/Mc V ay Highway/Glenwood Bridge/Willamette River Applicant: City of Springfield Case Number: C SF 2008 - LRP2008-00006 Proposal Location: In the Glenwood area, Franklin Boulevard between the Glenwood Bridge and Brooklyn Street and Southern Pacific Highway on Assessor's Maps 17-03-34-41 and 17-03- 34-44; including a portion of the Glenwood Bridge and the Willamette River Existing Zoning: Notzoned Zoning Mter Annexation: Not appIicable Metro Plan Designation: Light Medium Industrial and Commercial Application Submittal Date: March 17, 2008 Associated Applications: None NAME And Limbird Jon Driscoll Eric Walter Gilbert Gordon Dave Puent PHONE 726-3784 726-3679 736-1034 726-2293 726-3668 er APPLICANT'S DEVELOP:MENT REVIEW TEAM POSITION NAME PHONE MAILING ADDRESS Owner State of Oregon Dept. of 541-744- 744 A Street, Transportation, Attn. 8080 Springfield, OR 97477 Mike Spaeth AppIicant's Representative N/A , Consulting Engineer N/A C SP 2008 - LRP2008-00006 (Franklin BIvdlGlenwood Bridge/Willamettc River) Page 1 of7 '. -- EXHIBIT C - P2 Review Process (SDC 5.7-115): The subject annexation appIication is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all annexation applications unless waived by the Director. The application is pubIic infrastructure and no DIM was required. Finding: The Director waived the requirement for a Development Issues Meeting since no changes in use was proposed for the annexation area. Annexation Initiation and Application Submittal (SDC 5.7-125): The City of Springfield may initiate an annexation by resolution consistent with SDC 5.7-125. Finding: The method of initiation met the requirements in SDC 5.7-125(A) and (B)(3) and ORS 222.111 (2) allowing the legislative body of a city to initiate an annexation. City Council Resolution No. 08-06 approved March 17,2008, initiated the annexation, The City of Springfield as the applicant submitted the necessary annexation application forms as required in SDC 5.7-125(5) - (15) and the application was determined to be a complete fIling on March 17, 2008. Finding: The application requirements in SDC 5.7-125 have been met. ; Site Information: The annexation area includes Franklin Boulevard right-of-way (approximately 12.8 acres), Glenwood Bridge (approximately 5.0 acres), and the Willamette River (approximately 1.4 acres). The estimated total acreage of the annexation area 19.2 acres. . Existing pubIic services are provided to the annexation area as follows: poIice (Oregon State Police, Lane County Sheriff), schools (Eugene School 41), roads (State of Oregon), fire (Glenwood Water DistIict contracting with the City of Springfield), park and recreation (Willamalane Park and Recreation District), and water (Glenwood Water District). After annexation, urban services, such as municipal police, will be provided to enhance pubIic safety in this location. 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 June 20, 2008, which is at least 14 days prior to, the public hearing date, to the affected property owner( s ) (the annexation areas are pubIic facilities and not in private ownership); owners and occupants of properties located within 300 feet of the perimeter of the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; (including, but not limited to, Southwest Thurston Association, Washburn Neighborhood Association, East Alton Baker Association, and the Game Farm Neighbors Association); affected special districts and all other public C SP 2008 - LRP2008-00006 (F~in BlvdlGlenwood Bridge/Willamette River) Page 2 of7 ~ -- '. EXHIBIT C - P3 utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. Newspaper Notice. Notice of the July 7,2008 public hearing was published in The Register-Guard on June 23, 2008, and June 30, 2008. Posted Notice. Notice of the July 7, 2008 pubIic hearing was posted in five pubIic places in the City [in five locations in the area of the annexation; at the Springfield City Hall Development Services Division; and on the City of Springfield web site] on June 23, 2008, for two successive weeks prior to the hearing date. Finding: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with theSDC requirements, fmdings, and conclusions. The Director's recommendation follows SDC 5.7-140, Criteria Criteria (SDC 5.7-140): The appIication may be approved only if the City Council fmds 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, lakeor other body of water. Finding: The subject annexation is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The UGB is .located approximately 5,000 feet south of the annexation area The annexation area is contiguous to the Springfield city limits along the centerline of the Willamette River. Conclusion: The proposal meets this criterion. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable reimement plans or Plan Districts; The Metro Plan is the applicable comprehensive plan governing growth management decisions by the City of Springfield. The applicable refmement plan is the Glenwood Refmement Plan. . Finding: The Metro Plan was acknowledged by the Land Conservation and Development CommissiOIi (LCD C) in August 1982 and has been subsequently amended. The annexation area was located within the acknowledged UGB of the Metro Plan. Territory within the UGB ultimately will be within the City of Springfield. . C SP 2008 - LRP2008-00006 (Franklin BlvdlGlenwood BridgeIWillamette River) Page 3 of7 ., -- " EXHIBIT C - P4 Finding: The Metro Plan recognizes that ultimately, all territory within the UGB will be annexed to an existing city (policy #16, page II-C-6). Springfield was the unit of government identified in the Metro Plan to provide urban services to annexed territory. Finding: The Glenwood Refinement Plan was the appIicable refmement plan, which supported the provisions in the Metro Plan of annexing properties to the City to enhance and ensure the efficient delivery of urban services. In conjunction with the request to annex territory to the City of Springfield, the City Council can consider whether to withdraw the same area from a special district consistent with ORS 222.510, 222.520, and 222.525. The City Council must determine if the special district withdrawal is in the best interest of the City. Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts within the UGB will be dissolved (policy #18, page II-C-6). The continued annexation of properties to the City of Springfield was consistent with the Metro Plan, which will result in the elimination of several special districts within the urbanizable area. Finding: The annexation area was within the Glenwood Water District (GWD), which provides water and fire services to territory within its boundary. The annexation area is pubIic facilities and waterway and was not provided water service by the district. The water district contracted with the City of Springfield for fire services within its boundaries. Based on the pubIic hearing and public record, the City Council determined that withdrawal from the water district of property annexation to the City was in the best interest of the City. The annexation area was withdrawn in accordance with ORS Chapter 222. In conjunction with the request to, annex territory to the City of Springfield, the City council can consider whether to annex the same area to special districts consistent with an intergovernmental agreement between the City of Springfield and Lane County. The City Council must determine if the special district annexation is in the best interest of the City. . Finding: Based on the pubIic hearing and pubIic record, the City Council determined that annexation to the Lane County MetropoIitan Wastewater Service District of properties annexing to the City was in the best interest of the City, consistent with City policy. This special district was formed to provide the financing for the regional wastewater treatment plant serving wastewater users within the City of Springfield. Finding: . The annexation area was already a part of the Willamalane Park and Recreation District and would remain in the park district after annexation to the City of Springfield. Conclusion: The proposal meets this criterion. c. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as def'med in the Metro Plan can be provided in an orderly efficient and timely manner, and C SP 2008 - LRP2008-00006 (Franklin Blvd/GI~wood BridgeIWillamette River) Page 4 of7 ~ " EXHIBIT C - P5 Finding: The Metro Plan recognizes annexation as the highest priority for extending the minimum level of key urban facilities and services to urbanizable areas (poIicies #8 and #10, page II-C-4). The annexation area will take advantage of urban service deIivery systems that are already in place to serve this area. The following facilities and services are either available or can be extended to this annexation area. Wa!er - The annexation area is in the Glenwood Water District and is. the infrastructure used to transport this service to users in this area. The annexation area will be withdrawn from this special district in accordance with ORS 222, if the City Council determines that withdrawal is in the best interest of the City. After annexation to the City, the annexation area will continue to serve as part of the service deIivery system in this region. Electricity - The annexation area is part of the infrastructure used to transport this service to users in this area After annexation, the annexation area will continue to serve as part of the service deIivery system in this region. Police services - The annexation area is part of the infrastructure used to deliver poIice services to this area After annexation, the annexation area will continue to serve as part of the service deIivery system in this region. Municipal police services will be provided to the annexed territory and will enhance public safety service to the area annexing. Fire and emergency services - The annexation area is in the Glenwood Water District, which contracts with the City of Springfield for fire services to territory within the district's boundaries. The annexation area is part, of the infrastructure used to deliver these services to this area. After annexation, the annexed territory will continue to serve as part of the service delivery system in this region. Municipal fire service will be provided to the annexed territory and will enhance pubIic safety service to the annexing area. The annexation area will be withdrawn from this special district in accordance withORS 222, if the City Council determines that withdrawal is in the best interest of the City. Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, and Lane Rural Fire/Rescue to central Lane County. 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. The public infrastructure system will continue to serve as part of the service delivery system in this region. Parks and recreation - Park and recreation services' are provided to the City of Springfield by the Willamalane Park and Recreation District. The annexation area is already in the park and recreation district. After annexation, the annexed territory will continue to serve as part of the service deIivery system in this region. C SP 2008 - LRP2008-00006 (Franklin Blvd/Glenwood BridgeIWillamette River) Page 5 of7 .. -- ", A' < EXHIBIT C - P6 Schools - Eugene School District 4J serves this area The annexation area includes public facilities which aid in the deIivery of this public service to this region. Wastewater - The annexation area. includes pubIic infrastructure that is used to deIiver this urban service to users in this area. After annexation, the annexed territory will continue to serve as part of the service deIivery system in this region. The annexation area will be annexed to the Lane County Metropolitan Wastewater Service District if the City Councilqetermines that annexation is in the best interest of the City. Stormwater - The annexation area includes public infrastructure that is used to deIiver this urban service to users in this area. After annexation, the annexed territory will continue to serve as part of the service deIivery system in this region. Streets - The annexation area includes portions ofPranklin Boulevard and the Glenwood Bridge. This public infrastructure is used to deliver urban services to users in this area. After annexation, the annexed territory will continue to serve as part of the service deIivery system in this region. Pubic safety services-such as municipal poIice service are desired to enhance.safety along this infrastructure. Solid waste management - Private firms and individuals collect and transport soIid waste to the Lane County administered landfill via the pubIic infrastructure included in the annexation area. Communication facilities - Various providers offer both wire and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to future development in this area. The existing pubIic infrastructure will continue to serve as part of the service deIivery system in this region. Land use controls - The property is within Springfield's portion of the urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the city already has planning and building jurisdiction for this property. The city will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as defined on page V-3 of the Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. Conclusion: The proposal meets this criterion. D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council Finding: The annexation area was existing public infrastructure and waterway. No Annexation Agreement was required since there were no applicable fiscal impacts. C SP 2008 - LRP2008-00006 (Franklin BlvdlGlcnwood Bridge/Willamette River) Page 6 of7 /"r .. r ... ~ It . . . EXHIBIT C - P7 Conclusion: The proposal meets this criterion. Director's Recommendation: Approve the annexation of territory to the City of Springfield and the Lane County Metropolitan Wastewater Service District, and withdraw the annexation area from the Glenwood Water District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: A public hearing was held on July 7, 2008, by the Springfield City Council. Based on the staff analysis and recommendation and on the public hearing, the City, Council approved the annexation of territory by passage of Ordinance No. (p;(~1. Zoning (SDC 5.7-150): The annexation area is designated Light Medium Industrial, and Commercial in the Metro Plan and unzoned\ in Lane County. Finding: Annexation to the City of Springfield will not change the existing plan designations or zoning districts for the annexed area. Effective Date and Notice of Approved Annexation (SDC 5.7~155): If the annexation is approved by the City Council on July 7, 2008, an emergency clause is necessary for immediate adoption. Under normal procedures the second reading of the Ordinance would occur on July 21, 2008 and the annexation Ordinance would become effective 30 days hence from the second reading date (August 20, 2008). However, August 6 is the beginning of the 90 day annexation prohibition prior to the November 4,2008 election. The prohibition is set by statute and would resultin the annexation becoming effective November 5, 2008-the day after the November general election. Finding: An emergency adoption procedure is recommended to allow the provision of services immediately. The Ordinance will be effective consistent with SDC 5.7-155 and ORS Chapter 222 upon signing and execution of the Ordinance. Notices of adoption shall be forwarded in accordance with SDC Section 5.7-155. Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur concurrently with the approved annexation ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150. Finding: The annexation is within the Glenwood Water District. Consistent with SDC 5.7-160 notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Glenwood Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance No.~. C SP 2008 - LRP2008-00006 (Franklin BlvdlGlenwood Bridge/Willamette River) Page 7 of7