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HomeMy WebLinkAboutNotice DLCD 7/22/2009 D In person D electronic D mailed s2 DLCD Notice of Ado ltion THIS FORM MUST BE MAILED TO DLCI \\.. nu' 5 \yCWliING DAYS AFTER THE FINAL nECISION PER OR~ I9't.6io, OAR CHAPTER 660- D1VISIt':>N 18 FlIr DLeo lh>eOnly Jurisdiction: City of Springfield Local file number: LRP2009-00004 Date of Adoption: July 21, 2009 Date Mailed: July 23, 2009 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes Date: 5/1/2009 o Comprehensive Plan Text Amendment 0 Comprehensive Plan Map Amendment o Land Use Regulation Amendment [:8J Zoning Map Amendment o New Land Use Regulation 0 Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Annexation of public street rights-of-way to the City of Springfield removed Urbanizable Fringe Overlay District (UF-l 0) from the affected areas. The base zoning and comprehensive plan designations remain the same. Affected public street rights-of-way are already developed to urban street standards. Does the Adoption differ from proposal? No, no explanation is necessary Plan Map Changed from: Unchanged to: Zone Map Changed from: LORlUF-10; MORlUF-10; CC/UF-10 Location: MLK Jr. Pkwy; Pioneer Pkwy; Oeadmond Ferry Rd. Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~~DDDDDDDD~~D~DDDDD to: LOR; MOR; CC; MUC Acres Involved: 11 Was an Exception Adopted? 0 YES [:8J NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? [:8J Yes DYes DYes DNo DNo DNo OLCO file No. Date t~ecelved:-M.:Jo-l7q Planner: AL Please list all affected State or Federal Agencies, Local Governments or Special Districts: Lane County, Rainbow Water & Fire District, Willakenzie Rural Fire Protection District, Lane Education Service District, Lane County Metropolitan Wastewater Service District Local Contact: Andy Limbird Address: 225 Fifth Street City: Springfield Zip: 97477- Phone: (541) 726-3784 Extension: Fax Number: 541-726-3689 E-mail AddresS:alimbird@ci.springfield.or.us ADOPTION SUBMITTAL REQUIREMENTS This form must he mailed to DLCD within 5 workin.. days after the tinal decision per ORS 197.610, OAR Chapter 660 - Division 18. 1. Send this Form and TWO Comnlete CODies (documents and maDS) of the AdoDted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person, or by emailing larry .french@state.or.us. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within twenty-oDe (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notifY persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copics? You can now access these forms online at http://www.Icd.statc.or.us/. Please print on 8-1/2xll !!reen naner onlv. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email yourrequesttolarry.french@state.or.us - Attention: Plan Amendment Specialist. Updated March 17,2009 Date~eceived: 7/,u/~'! Planner: AL I I ; ~ \~ . ORDINANCE NO 6243 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN W ASTEW ATER SERVICE DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND \\oUJ:l1Jfu\ WING THE SAME TERRITORY FROM THE RAINBOW WATER & FIRE DISTRICT AND DECLARING AN EMERGENCY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, a request to annex certain territory was submitted on April 23, 2009, said t~,,;,v'l being portions of Pioneer Parkway right-of-way, Martin Luther King Jr. Parkway right-of-way, Game Farm Road right- of-way, and Deadmond Ferry Road right-of-way located on Assessor's Maps Township 17 South, Range 03 West, Section 15, Map 40; Township 17 South, Range 03 West, Section 22, Map 00; Township l7South,Range 03 West, Section 22, Maps 41 and 44; and Township 17 South, Range 03 West, Section 27, Map 11 as generally depicted and more particularly described in Exhibit A to this Ordinanco; and WHEREAS, the City Council is authorized by Springfield Development Code (Soc) Article 5.7 and ORS Chapter 222 to accept, process, and act on annexations to the City; aitd WHEREAS, consistent with SDC 5.7-125 and ORS 222.170(1), the Common Council of the City of Springfield initiated the annexation of said territory by adoption of Resolution 08-36 on July 21,2008 (Exhihit 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 consisterit with Policy 10, page ll-C-4; Policy 16, page ll-C-5; and Policy 21, page ll-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 ll-C-4, and there is a logical area .and time within which to deliver urban services and facilities [SDC 5.7-l40.C]; and, WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to modifY the annexation area to include portions of Game Farm Road and Deadmond Ferry Road north of the intersection with Martin Luther King Jr. Parkway; and, . WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently annex the modified annexation area to the Lane County Metropolitan Wastewater Service District and WiIlairia1ane Park and Recreation District, as these special districts were service providers fot the City [SDC 5.7- 140.B]; and is consistent with the intergovernmental agreement between Lane County lind Springfield regarding boundary changes dated May21, 2008; and, WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently withdraw the modified anneXation area from the Rainbow Water & Fire District and the annexation area continues to serve as public infrastructure [SDC 5.7-140.B]; and, 1 Date f'leceived: Planner: At. 7/l J001" . / " WHEREAS, the Common Council of the City of Springfield has detennined that th~provision of city services to the subject area are necessary immediately for the health and safety of the City of Springfield to ensure there are no jurisdictional conflicts in the' proxision of emergency and police services; and, WHEREAS, without an Emergency Clause the effective date of annexation is delayed until 30 days following the second reading and adoption of the enacting Ordinance by the Common Counci~ which is on or around August 19,2009; and, WHEREAS, on July 6, 2009, 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 modifying and approving the annexation requests, and the Rainbow Water & Fire District's withdrawal as s~t 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 I: The Common Council of the City of Springfield does hereby modify the proposed annexation to include portions of Game Farm Road right-of-way and Deadmond Ferry Road right-of-way within Township 17 South, Range 03 West, Section 15, Map 40 and Township 17 South, Range 03 \Vest, Section 22, Map 00. . SECTION 2: The Common Council of the City of Springfield does hereby approve the modified annexation area to the City of Springfield, Lane County Metropolitan Wastewater Service District and Willamalane Park and Recreation District, said territory being described as follows: Portions of Pioneer ParkWay right-of-way, Marlin Luther King Jr. Parkway right-of-way, Game Farm Road righ!-of-way, and Deadmond Ferry Road right-of-way located on Assessor's Maps Township 17 South, Range 03 West, Section 15, Map 40; Township 17 South, Range 03 West, Section 22, Map 00; Township 17 South, Range 03 West, Section 22, Maps 41 and 44; and Township 17 South, Range 03 West, Section 27, Map 11 as generally depicted and more particularly described in Exhibit A. SECTION 3: The withdrawal ofterritory described in Section 2 above from the Rainbow Water & Fire District shall become effective on July 1,2010: SECTION 4: The City Manager shall send copies of this Ordinance as required by SDC 5.7-155. SECTION 5: It is hereby found and detennined 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, '2009, by a vote of 4 for and 0 against. APPROVED by the Mayor of the City of Sprin day of July, 2009. r' err - ATTEST: ~Lo~ City Recorder , ........- ..... ., ")r'\;,,'r'l"~" b, L ,,' _:~: .._,' ,__', ~:~ r Ii'V t t;J f\ '~~~f'~ ~ I...-v-'I",", L~"'~I'C'~' "\ ,....J u":\ . r. "____--L.-J 0Fw'r 'X (.1 Ii .4tTORNEY 2 Date Received: Planner: AL Ih/J17"01 , / EXIDBIT A . Subiect Area ---- ---- ------.. I.,tematlonal Way . ~ J Beltline Rd l~[ SPr.M~'~ . ~ 7hete8lenoW81T8n/jesth8t...~._"..;.,:lhispJOdfJCt US8/S assume elresponslblJAy for eny bss OIdem898 . Brlsing flOfTl MYenor. omlssbn or posifions/InSccurscy OREGOH dthisptoduct. . 1 Attachment 3-3 EXHIBIT A-l SprinQfleld. OR " .~ ~ ,l ,~ \~ ~. \_. \ \ EZZI D Public r-_I__ OUtside of City LImits R1ght..af-Way '" - Tax Lots C_J Wthln City Umlb S~ 700 ~es Date, Received: . Planner: AL 7/7/Jn? I I I Sl bied Area I:fHf1ftg tjD iHId . _ffilli I ~_\~I j~. - ]r4.~I_I~ LJ - ~-:: :i1 I I ~-- l j ;-- ,. ~- I I. =-L _ HerlowRd Il =i ~I E~ I \\ I I, I. I I, LI' ,...' c::~' I o-=R~'VQt-J :J 1I1111 ~-H ~,.",.,..II SPt~"~~ ~ There 8re no w8ffBJJlfes Ih8t w::romplmy this product ..... UsenlBssume 81 18E1pOnsibl/ly lor Bny bf[iS 01 damage Ii:iiiI' erisif1Q from tJfIyenor, omissK)(f or positkinBl in6ccuracy ORIGOH of thiS' ptodur;t, EXHIBIT A-2 EXHIBIT A (cont'd) . \ stJrJn1f1e~d:. ~R ../ . . ~ {J L \. ~- r=t rZZJ Pubnc [::J QAtsld. or city Limits - Right-of-way D Tax~Dt. [:::JWlhlnC\IyUmn. . ... '.GOO ,,=el!t 2 Date Received: 7h/~? . 1 ' Planner: AL . Attachment 3-4 EXHIBIT A-3 EXHIBIT A (cont'd) Legal Description Tractl : The Soutb portion of MartiD Lntber King Jr. Parkway, including tbe Hayden Bridge Way intersection, and the Nortb portion of Pioneer Parkway, fnrtber described as follows: Beginning at the Northwest comer of Lot II, Block I of Buena Vista, First Addition, filed and recorded in Book 20, Page 25, Plat Records of Lane County Oregon, said point being in the Southeast quarter of Section 22, Township l7S, Range 3W, ofthe Willamette Meridian, Lane County, Oregon; 1) Thence South 880 06' 40" East a distance of 26.54 feet, more or less, on the Northerly line of said plat of Buena Vista, which ts also the current city limits line, to the current Easterly right of way line of Martin Luther King Jr. Parkway, formerly known as Southern Pacific Railroad (abandoned); Thence leaving the current city limits line, on the said Easterly right of way the following 6 courses, n,umbered 2) through 7): 2) South 120 13' 50" East a distance of 1745.70 feet, more or less, to a point of curvature; 3) Thence on a non tangent curve turning to the left, with an arc length of259.89 feet, with a radius of 1'1-87.00 feet, with a chord bearing of South 190 20' 20" East,.with a chord length of259.56 feet, more or less, to a point; 4) Thence South 43022' 54" East a distance of21.03 feet, more or less; 5) Thence South 260 39' 05" East a 'distance' of 36.14 feet, more or less; 6) Thence South 290 16' 06" East a distance of 32.42 feet, more or less; 7) Thence North 720 39' 32" East a distance of 22.45 feet, more or less, to a point on the Westerly right of way of Wayside Lane; . 8) Thence South 880 06' 50" East a distance of60.00 feet"more or less, across Wayside Lane to a point on the Easterly right of way; . 9) Thence South 01053' 10" West a distance of 100.08 feet, more or less, on the said Easterly right of way to a point of curvature; . 10) Thence on a non tangent curve' turning to the left, with an arc length of 31.22 feet, with a radius of 61.00 feet, with a chord bearing of South 630 34' 32" East, with a chord length of 30.88 feet, more or less, to a point on the Northerly right of way of Hayden Bridge Way, also known as County Road No. C~ . 11) Thence on tlie Northerly right of way of Hayden Bridge Way South 880 05' 23" East a distance of 12.06 feet, more or less, to a point of intersection with the Northerly prolongation of the concrete/asphalt joint in said roadway; 3 Date Received: '7hldtx>? Planner: AL / I Attachment 3-5 EXHIBIT A-4 12) Thence leaving the Northerly right of way on the match line of the concrete-asphalt joint in Hayden Bridge Way South 010 54' 37" W,est a distaIice of 83.78 feet, more or less, to a point on the Southerly right of way of Hayden Bridge Way; 13) Thence on the Southerly right of way of Hayden Bridge Way North 890 40' 34" West a distance of 7.96 feet, more or less, to a point of intersection with the Easterly right of way of Pioneer Parkway' East, also known as Third Street; 14) Thence leaving the Southerly right of way of Hayden Bridge Way and on the Easterly right of way' of Pioneer Parkway East, which is also the Westerly line of Grovedale, as platted and recorded in Book 18, Page 25, plat records of Lane County, Oregon, . South 020 00' 35" West a distance of317.93 feet, more or less, to an angle point in said Easterly right. of way of Pioneer Parkway East; . . ..15) Thence leaving said plat boundary and continuing on said Easterly right of way South 120 13' 50" East a distance of 79.47 feet, more or less, to the intersection with the North line of Lot 6, Block I of said plat of Grovedale which is the current city limits line; Thence on the existing city limits line the following 4 courses, numbered 16) through.l9): 16) Thence on the now vacated North line of Lot 6 of said plat of Grovedale North 88005' 23" West a distance of 19.55 feet, more or less, to the former Northwest comer thereof; 17) Thence on the now vacated Westerly boundary of said plat of Grovedale South 020 00' 35" West a distance of 166.84 feet, more or less, to a point of intersection with the Westerly right of way of Pioneer Parkway East which is also the Easterly right of way of the now vac;1ted former Southern Pacific Railroad line; 18) Thence continuing on the last said right of way South 120 13' 50" East a distaIice of935.87 feet, more or less, to an angle point in the city limits; , 19) Thence leaving the last said right of way and across Pioneer Parkway West right of way on the city limits line, North 880 15' 24" West a distance of 113.35 feet, more or less, to a point on the Westerly right of way of Pioneer Parkway West, also known as Second Street; 20) Thence leaving the city limits line, on the Westerly right of way of Pioneer Parkway West, North 120 13' 50" West a distance of 483.26 feet, more or less, to a point that intersects a comer of the current city limits, said point also being the Southeast corner of Willowbrook as platted and recorded in Instrument No. 2004-044748, plat records of Lane County, Oregon; . 21) Thence on the current city limits line and continuing on said Westerly right of way, North 120 13' 50" West a distance of733.19 feet, more or less; 22) Thence leaving the curreritcity limits line and continuing on said Westerly right of way, North 120 13' 50" West a distance of 134.70 feet, more or less, to a point that intersects a corner of the current city limits; 23) Thence on the current city limits line and continuing on said Westerly right of way, North 120 13'. 50" West a distaIice of 53.31 feet, more or less; to an angle point in said current city' limits, said point .alsobeing on the former Westerly right of way of Pioneer Parkway West; 4 Attachment 3-6 Date Received: Planner: AL -, /7/rict1,! I I . 'EXHIBIT A- 5 Thence leaving said Westerly right of way of Pioneer. Parkway West and continuing'on the current city limits line following 5 courses, numbered 24) through 28): 24) Thence on said former Westerly right of way of Pioneer Parkway West, North 120 18' 23" West a distance of 82.70 feet, more or less; 25) Thence on said former Westerly right of way of Pioneer Parkway West, North 490 32' 14" West a distance of 48.31 feet, more or less to a point on the former Southerly right of way of Hayden Bridge Way; 26) Thence on said former Southerly right of way of Hayden Bridge Way, North 880 05' 23" West a distance of 7.50 feet, more or less; 27) Thence leaving said fonner Southerly right of way North 010 54' 37" East a distance of 81.50 feet, mpre or less, across the right of way of Hayden Bridge Way to a point on the former Northerly right of way; 28) Thence North 880 05' 35" West a distance of212.64 feet, more or less, on said former right of way to a point of intersection with the Northerly right of way of Hayden Bridge Way; Thence leaving the.Northerlyright of way of Hayden Bridge Way and the city limits line on the Westerly right of way of Martin Luther King Jr. Parkway the following 20 courses, numbered 29) through 48): 2?) Thence NGrth 830 09' 10" East a distance of39.46 feet, more or less; 30) Thence South 880 06' 03" East a distance of24.02 feet, more or less; 31) Thence North 820 41' 38" East a distance of37.47 feet, more or less; 32) Thence North 770 22' 53" East a distance of 61.98 feet, more or less; 33) Thence North 530 34' 34" East a distance of20.58 feet, more or less; 34) Thence North 23004' 06;' East a distance of 49.15 feet, more or less; 35) Thence North 44045' 43" East a distance of 40.36. feet, more or less; 36) Thence North 00016' 36" West a distance of57.19 feet, more orless; 37) Thence North 120 15' 53" West a distance of98.96 feet, more or less, to a point on the Southerly line ofthat tract ofland conveyed to IDA E. HODGIN, by that certain deed recorded June 7,2005 at instrument number 2005-041497, Lane County Oregon Deed Records; 38) Thence South 81046' 50" East a distance of 5.60 feet, more or less, on the Southerly line of said. deed to the current Southeast comer thereof; '. 39) Thence North 12013' 50" West a distance of 101.99 feet, more or less; 40) Thence North 170 18' 37" West a distance of 45.18 feet, more or(ess; 5 Attachment 3-7 Date ReceiVed: '7 h /Cfrl1 I I Planner: AL EXHIBIT A-6 41) Thence North 140 55' 32" West a distance of 32.04 feet, more or less; 42) Thence North 010 13' 58" East a distance of23.65 feet, m9re orless; 43) Thence North 120 13' 50" West a distance of 749.69 feet, more or less, to a point that intersects a comer of the current city limits; . 44) Thence on the current city limits line, North 120 13' 50" West a distance.of 162.29 feet, more or less; 45) Thence leaving the current city limits line, North 120 13' 50" West a distance of 689.24 feet, more or less; 46) Thence North 140 08' 2~" West a distance of 90.05 feet, more or less; 47) Thence North 210 18' 09" West a distance ofI2.l I feet, more or less, to a point of curvature and a point on the current city limits line; . 48) Thence leaving the current city limits line, on a non tangent curve turning to the right, with an arc . length ofI87.03 feet, with a radius of 899.59 feet, with a chord bearing of North 08050' 38" West, with a chord length of 186.69 feet, more or less, to a point of intersection with the Northeasterly boundary of the abandoned former Southern Pacific Railroad right of way, said point also being a point of intersection with the current city limits; 49) Thence on the current city limits line, leaving the Westerly right of way of Martin Luther King Jr. Parkway imd on said abandoned former railroad right of way, on a non tangent curve tUrning to the right, with. an arc length of210.31 feet, with a radius of985.04 feet, with a chord bearing of South 270 10' 24" East, with a chord length of . 209.91 feet, more or less, to the point of beginning. Tract 2: A portion of the Game Fa.rm Road right of way where Pioneer Parkway Extension (Martin Luther King Jr. Parkway) meets Belt1ine Road, further described as follows: Beginning at a point on the Easterly right of way line of Game Falm Road, also known as County Road No.3, which bears North 88052'20" East a distance of 65.00 feet, North 01007'40" West a distance of28.99 feet and North 02024?44" West a distance of 286.56 feet, more or less, from the Northeast comer of Lot I I of Zachary Place as platted and recorded .in Book 75 on Pages 852 thru 854 of the Lane County Oregon Plat Records, said point of beginning also being a point on the current city limits line and being in the Northeastquarter of Section 22, Township 17S, Range 3W, of the Willamette Meridian, Lane County, Oregon; Thence Northerly on said Easterly right of way line and the current city limits line the following 6 courses, numbered I) through 6): I) North 02024'36" West a distance of34.24 feet, more or less; 6 Date ~eceived: 7 h /'J-rli , Planner: AL Attachment 3-8 EXHIBIT A-7 2) Thence South 87034'37" East a distance of 5.02 feet, more or less; 3) Thence North 02024'36" West a distance of 122.68 feet, more or less; 4) Thence South 88013'23" East a distance of 8.99 feet, more or less; 5) Thence leaving the current city limits line, North 21043'28" West a distance of 11.96 feet, more or less; 6) Thence North 03046'14" West a distance of3.94 feet, more or less, to the projection of the North right of way line of Belt1ine Road; 7) Thence leaving said Easterly right of way on said projected line, Westerly a distance of 17 feet, more or less, to a comer of the current city limits line; 8) Thence continuing on said projected line and on the current city limits line, Westerly a distance of 38 feet, more or less,to a comer of the current city limits line, said comer also being a point on the fonner Westerly right of way of said Game Farm Road; . 9) Thence leaving said projected line, on said fonner Westerly right of way and the current city limits line, Southerly a distance of 120 feet, more or less to a comer ofthe current city limits line and the Southwest co.mer ofthe intersection of the current Westerly right of way of said Game Fann Road and the Southerly right of way of Belt1ine Road; 10) Thence leaving the current city limits line, on said current Westerly right of way, Southerly a distance of 5 6 feet, more or less, to a point which lies on the same line, when measured perpendicular. to the centerline of Game Farm Road, as the point of beginning; II) Thence leaving said current Westerly right of way North 87035'16" East a distance of 50 feet, \ more or less, to the point of beginning. Tract 3: A portion of the Game Farm Road North right of way that lies south of Game Farm Road East, being the West edge of Game Farm Road North and further described as follows: A strip of land, 10 feet in width, more or less, which is West and perpendicular to the centerline of Game Fann Road in County Survey 14660 (1966) and County Survey 20782 (1977), smd road also . being known as County Road No.3 and as Game Fann Road North (County Road No. 209), being in the Southeast quarter of Section IS, Township 17S, Range 3W, of the Willamette Meridian, Lane County, Oregon, and which is further described as follows: Conunencing at a point on the North line of the William M. Stevens OLC No; 46, Township 17S, Range 3W, of the Willamette Meridian, Lane County, Oregon; said point being South 89055' East a distance of 1588.8 feet, more or less of the intersection of the North line of said OLC with the centerline of the Oregon Pacific Railroad, also known as the S.P.R.R. (vacated), said point of intersection being, according to old county surveys and deed records, South 89055' East a distance of 383.80 feetfrom the Northwest comer of said OLC, and said point being a comer of the current city limits line; . . 7 Attachment 3-9 Date Received:.-::tf1/J.H'f Planner:. AL . EXHIBIT A-a Thence on the current city limits line South 06015' East a distance of238.3 feet, more or less to a corner on the current city limits line; Thence continuing on the current city limits line South 89044' East a distance,of 586:15 feet, more or less to a point that is 30 feet, more or less of said centerline of Game Farm Road, said point being the true point of beginning, said point also being a comer of the current city limits line; I) Thence leaving the current city limits line Northerly on the, Westerly right of way line of said Game Farm Road, North 33034' West a distance of 96.3 I feet, more or less, to a point; 2) Thence continuing Northerly on said Westerly right of way , North 33034' West a distance of 178.31 feet, more or less, to the intersection of said line with the South right of way of Game Farm Road East, said road also being known >>.s State Game Road and County Road No. 209; , j) Thence Westerly on said South right of way of Game Farm Road East, North 89055' West a distance of34.05 feet, more or less; , 4) Thence Northerly continuing on said South right ofway,'North 11025'50" East a distance oflO feet, more or less to a point on the current city limits line; 5) Thence leaving said South right of way, on the current city limits line South 89055' East a distance of 47 feet, more or less to a comer of the current city limits line, said point being 20 feet, more or less Westerly of the centerline of said Game Farm Road North per County' Surveys l466~ and 20782; 6) Thence Southerly on the current city limits line South 33034' East a distance of 286.90 feet, more or less, to a corner of the current city limits line, said point being 20 feet, more or less Westerly ofthe centerline of said Game Farm Road North per County Surveys 14660 and 20782; 7) Thence Westerly continuing on the current city limits line; North 89044' West a distance of 12 feet, more or less to the point of beginning. Tract 4: A portion of the' Game Farm Road North right of way that lies South of Deadmond Ferry Road, being the East edge of Game Farm Road North and further described as follows: ' A strip of land of variable width, which is East of the centerline of Game Farm Road fu County Survey 40328 (2007), said centerline being the same as in County Survey 20782 (1977) and County Survey 14660 (1966), said road also being known as County Road No.3 and as Game Farm Road North (County Road No. 209), being in the Southeast quarter of Section 15, Township 17S, Range 3W, of the WilIamette Meridian, Lane County, Oregon, and which is further described as follows: Commencing at a point on the North line of the William M. Stevens DLC No. 46, Township 17S, , ~nge 3W, of the WilIamette Meridian, Lane County, Oregon; said point being South 89055' East a distance of2195.05feet, more or less of the intersection. of the North line'ofsaid DLC with the centerline of the Oregon Pacific Railroad, also known as the S.P.R.R. (vacated), said point of 8 Attachment 3-10 Date Received: Planner: AL 7h!:JO"f11 I t EXHIBIT A-9 intersection being, according to old county surveys and deed records, South 89055' East a distance of '383.80 feet from the Northwest comer of said DLC, and said commencement point bemg a total of 2578.85 feet, more or less from the Northwest comer of said DLC; , Thence South 00008' East a distance ofl5 feet, more or less to a point on the Southerly right of way of Deadmond Ferry Road (County Road No. 90), said point also being on the current city limits line; Thence Soutl1westerly on the current city limits line, on the arc of a 40.00 foot radius c~e to the left (the chord of which bears South 28047'30" West a distance of 70.02 feet, more or less) a distance of 85.28 feet, more or less to a point on the Easterly right of way of Game Farm Road, said point being the true point of beginning; I) Thence continuing Southeasterly and Southerly on the current city limits line and leaving said Easterly right of way, 470 feet, more or less to a point on the Easterly extension of the North right of way of Beltline Road; 2) Thence leaving the current city limits line and continuing onsaid Easterly extension of the North right of way of Be1tline Road, Easterly 12.5 feet, more or less to a point on the Easterly right of way of Game Farm Road in said County Survey 40328; said point being shown on said County Survey as station "+92.70"and being offset "40 feet" Easterly of said centerline of Game Farm Road; 3) Thence Northerly on said Easterly right of way, on the arc ofa 326.48 foot radius curve to the left (the chord of which bears North 15004'36"West a distance of \31.87 feet, more or less) a distance of \32.79 feet, more or less to a point shown on said County Survey as station "+09.21" and being offset "40 feet" Easterly of said centerline of ~ame Farm Road; 4) Thence continuing Northerly on said Easterly right ofw~y, on the arc of a 326.48"foot radius curve to the left (the chord of which bears North 290l2'\3"West a distance of28.20 feet, more or less) a i distance of28.21 feet, more or less to a point shown on said County Survey as station "+33.97" and i being offset "40 feet" Easterly of said centerline of Game Farm Road; , 5) Thence continuing Northerly on said Easterly right of way, North 30022'33':West a disi;ance of , 263.80 feet, more or less to a point shown on said County Survey as station "L 26+97.70 P.C." and : being offset "46 feef' Easterly of said centerline of Game Farm Road; . I I I 6) Thence continuing Northerly on said Easterly right of way, North 30022'3'3''West a'distance of , 11.27 feet, more or less to a point shown on said County Survey as station "+] 8.02" and being offset "45.\3 feet" Easterly of said centerline of Game Farm Road; 7) Thence North 42026' West a distance of 47 feet, more or less to the point of~eginning. Tract 5: A portion of Deadmond Ferry Road, being the Sonth edge of said road from the intersection of Game Farm Road to Baldy View Road, and further described as follows: , I A strip ofland of variable width which lies between the North line of the William M. Stevens DLC . I No. 46 in Section ]5; Township] 7S, Range 3W, of the Willamette Meridian, Lane County, Oregon; and the South right of way of Deadmond Ferry Road, also known as County Road No. 90, as surveyed 9 Attachment 3-11 Date Received: 7/7/~'1 Planner: AL EXHIBIT A-10 by L.B. Olson & Associates, Inc. in County Survey 32687 (1995); said strip being bJu~ded on the East by the Northerly extension of the Westerly right of way line of Baldy View Lane an4 being bourided on the West by the Northerly extension of the East right of way line of Game Farm Road. . ) , il 10 Attachment 3-12 Date Received: Planner: AL 7/7/dH1 I I EXHIBIT B RESOLUTION N9 08-'-36 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD PURSUANT TO SECTION U OF THE SPRINGFIELD DEVELOPMENT 90DE. WHEREAS, the City Council Is authorized by Section 5.7-125 of the Springfield' Development Code to Initiate annexation of contiglious property to the Cjty Limits of Springfield, ana 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 anne~ed Is wnhln the Eugene-Springfield Urban GroWth Boundary, is contiguous to the City of Springfield and can be prov!.ded wnh a full range of key urban services . including sanitary sewer, water, 'stonn drainage, police and fire protection, electrical service, land . use controls, street lights and paved streets, recreational facilities and library. ' .. . WHEREAS, annexation procedures shall be inniated and followed'ln accordance with the. public notice and hearing process, criteria of approval and ordinance adoption procedures contained in Springfield Development Code Section 5.7- A~nexatlons. '. 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 existing City limits at the projected Intersection of'T" Street with Pioneer Parkway to the intersection of Game Farm Road with Mallard Avenue as generally'depicted on the altach(nents Exhibits 1 and.2. Section 2. . ThIs Resolution shall become effective upon Its adoption by the Council a~d approval by: the Mayor. ADOPTED by the Common Council of the City of Springfield this .1.l:ttdayof Julv 200S, by a vote of 2,Jor and .JLagalnst. (1 Absent) , APPROVED by the Mayor of the City of Springflel this ..2.1.a.tdajYOf J . ~OOS: ,. . . V ror . , I. i I i I ATTESTd ~ Cit.YReCorci~ RElIlEWED "' APPR01lED A. S TO FORM\. \_~J ~,~ DAlE: :;. \ .., I ~ OFFICE OF Ci'rv AT1"ORNEY , Attachment 3-13 Date Received: 1 h /dHf Planner: AL I I EXHIBIT C (The Staff Report will be appended to the adopted ordinance) " . il . Attachment 3-14 " EXHIBIT C - P1 Date f't,eceived: 7/7/ ~1 Planner: AL I I EXHIBIT C - P2 TYPE IV -ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Martin Luther King, Jr. Parkway Annexation Qwner(s)/Applicant(s): City of Springfield Case Number: C SP 2009 - LRP2009-00004 Proposal Location: Portions of Pioneer Parkway and Martin Luther King, Jr. Park;way rights-of-way between T Street and Mallard Avenue; portions of Game Faun Road right-of-way north of the intersection with Martin Ll1!her King, Jr. Parkway; and portions of Deadmond Ferry Road right-of-way east of the intersection with Game Farm Road. , Ii !I Existing Zoning: Not Zoned. Adjacent properties are zoned Low Density Residential (LDR); Mediwn Density Residential (MDR); Community Commercial (CC) and Mixed Use Commercial (MUC) Zoning Mter Annexation: N/A Metro Plan Designation: LDR, MDR and Mixed Use Application Submittal Date: April 23, 2009 . Associated Applications: ZON2008-00041 (Development Issues Meeting); PRE2009-00004 (pre- submittal Applicati?n) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE I POSITION I Proiect Manager I TransDortation Planning Engineer I Public Works Civil Engineer I Deputy Fire Marshal I Community Services Manager , REVIEW OF Planning Transportation Systems Streets and Utilities Fire and Life Safety Building NAME Andy Limbird Richard Perry Eric Walter Gilbert Gordon Dave Puent PHONE 726-3784 744-7134 726-1034 726-2293 726-3668 'APPLICANT'S DEVELOPMENT REVIEW TEAM I POSITION I Owner I Owner City of Springfield 726-3700 MAILING:ADDRESS 3040 N. Delta Hwy Eugene OR 97408 225 Fifth Street Springfield OR 97477 NAME Lane County PHONE 682-6936 C SP 2009 - LRP2009-00004 (MLKJr.Parkway) Attachment 1-1 Date I'teceived: '"1 h /'Jrlf I t Planner: AL . 'Page IorIO .\ ;1, " EXH I BITe - P3 Review Process (SDC 5.7-115): The subject annexation application is being reviewed under Type IV procedures, without Planning Commission consideration. 'Development Issnes Meeting (SDC. 5.7-120): A Development Issues Meeting (DIM) is required of all annexation applications. Finding: A Development Issues Meeting (DIM) for the subject annexation was held on December 18, 2008 (Case ZON2008-00028). . Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and ApplicatiOli Submittal (SDC 5.7-125): The City of Springfield may initiate an annexation by resolution in accordance with SDC 5.7-125. Finding: The method of iIritiation meets the requirements of SDC 5.7-125.A & B.3 and ORS 222.111(2), which allows the 1egislativ~ body of a city to initiate an annexation. The Springfield City 'Council initiated the annexation by adoption of Resolution 08-36 on July 21, 2008. Finding: The City of Springfield, 'applicant, submitted the necessary annexation application forms and documentation as required in SDC 5.7-125.5 ~,15, and the application was determined to be a complete filing on ApriI23,2009.' ,Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The annexation area described in Resolution 08-36 includes portions of Pioneer Parkway arid Martin Luther King, Jr. Parkway rights-of-way generally located between T Street and Mallard Avenue (approximately 10.59 acres). Staff are reco=ending including fragmented portions of public street right-of- way at the intersection of MLK Jr. Parkway and Game Farm Road (0.23 acre); portions of Game Farm Road right-of-way north ofMLK Jr. Parkway (0.18 acre); and portions of Deadmond Ferry Ro'ad right-of-way east of Game Farm Road (0.71 acre) with this annexation action.. The modified. annexation area!tota\s approximately 11.71 acres. The subject annexation territory is intended to remain as fully developed urban streets. Annexing the portions of public street rights-of-way will' ensure ownership, access control, and operational and maintenance responsibilities reside entirely with the City of Springfield. Additionally, annexation of the affected rights-of-way will ensure that potential jurisdictional conflicts between the City ofSprin~fie1d and Lane County do not create confusion and delays in the provision of emergency services and police response within the subject territory. ' Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Eugene 4J, Springfield School District 19), roads (Lane County, City of Springfield), and Fire (City of Springfield). Rainbow Water District provides service to unincorporated properties within the proposed annexation areas. Upon annexation, the City of Springfield will be entirely responsible for urban services, including police response, in the subject areas. 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 19, 2009, which is at least 14 days prior to.the public hearing date, to the affected property owner(s) (the annexation areas are public 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 co=unity organizations officially recognized by the city that includes the affected territory; (including, but not limited to, Southwest Thurston Association, Washburne Neighborhood Association, East Alton Baker Association, . and the Game Faint Neighbors Association); affected special districts and all other public utility C SP 2009 - LRP2009-00004 (MLK Jr. Pmkway) Attachment 1-2 Page 2 of 10 Date Received: 1 h /fJOv1 , I Planner: AI.: .., EXHIBIT C - P4 providers; and the Lane COWlty Land Management Division, Lane COWlty Elections, and the Lane COWlty Board of Commissioners. Newspaper Notice. Notice of the July 6, 2009 public hearing was published in The Register-Guard on June 30 imd July 5, 2009. . Posted Notice. Notice of the July 6, 2009 public hearing was posted in eight public places in the City . [in six locations in the area of the annexation; at the Springfield City Hall Development Services Division; and on the City of Springfield website] on JWle 22, 2009, for two successive weeks prior to the hearing date. Neighborhood Open Honse Meeting. In addition to legally-required public notification (posting, mailed and newspaper notice), the City held a neighborhood information meeting on JWle 30, 2009 from 6:00 - 8:00 pm in the Emmanuel Baptist Church (3050.Game Farm Road). City staff attended the meeting to provide inl"ormation and answer questions on the proposed annexation. Finding: Upon annexation of the subject property to the City, the public street rights'of-way will retain the zoning of the adjacent properties, but the Urbanizab1e Fringe Overlay District (UF-IO) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (PLCD) was'notified in writing of the B.!lllexation proceedings more than 45 days prior to the public hearing. Notification to DLCD was sent on May 5, 2009. ,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 COWlcil based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.7-140, Criteria. Criteria (SDC 5.7-140): The application may be approved only if the City COWlcil fmds that the proposal conforms to the following criteria: A. The atIected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation is located within the acknowledged urban groWth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The linear annexation areas are contiguous to the Springfield city limits along portions of the delineated boundaries. Conclusion: The proposal meets this criterion. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB of the Metro'Plan. Territory within the UGB ultimately will be within the City of Springfield. Finding: The Metro Plan recognizes that, ultimately, all territory within the UGB win be annexed to an existing city (policy #10, page ll-C-4; Policy #16, page ll-C-5; and Policy #21, page ll-C-6). Springfield is the unit of government identified in the Metro Plan to provide urban services to annexed territory. C SP 2009 - LRP2009-00004 (MLK Jr. Parkway) Attachment 1-3 Page 3 ofl 0 Date r~eceived: 7/71:>>01 I I I Planner: AL EXHIBIT C - PS, Finding: The Metro Plan recognizes that as annexations to the City occur, existing spepial service districts within the UGB will be dissolved (policy #18, page 1I-Cc6). The continued annexation of properties and public street rights-of-way to the City of Springfield is consistent with the Metro Plan, which will result in the elimination of several special districts within the urbanizab1e area ' II .'1 'I Finding: The annexation area is within the Rainbow Water District. The water district has service arrangements with the City's water utility provider (Springfield Utility Board) for provision of water and water system infrastructure to unincorporated areas within north Springfield. After the public hearing and if determined by the City Council that withdrawal is in the best interest of the City, the annexation area will be withdrawn from .the Rainbow Water District consistent with ORS 222.510, 222.520, and 222.525 and Springfield Utility Board will provide water service directly to the annexed property. Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area will be annexed into the Lane County Metropolitan Wastewater Service District as authorized by an Intergoverninental Agreement (IGA) between the City of Springfield and Lane County. This special district was formed to provide the financing for the regional wastewater treatment plant serving . wastewater users within the City of Springfield. . Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area will be annexed into. the Willamalane Park and Recreation District as authorized by an intergovernmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to territory within 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 urhan facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner, and Finding: The Metro Plan recognizes annexation as the highest prioiity for extending the nlinimum level of key urban facilities and servic.es to urbanizable areas (policies #8 and #10, page 1I-C-4). Finding: The territory proposed for annexation will take advantage of urban service delivery systems that are already in place to serve this area. In addition to urban utilities, the following facilities and serVices are either available or can be extended to this annexation area: Water - SUB Water provides water service to developed properties in this area of north Springfield. Upon annexation, the subject territory is not expected to require water service and will continue to function as urban streets. Existing water infrastructure within the annexed public rights-of-way will be mainWned by the affected utility provider. Electricitv - SUB Electric provides service to developed properties in this area of springfield. Upon annexation, the subject territory is not expected to require additional electrical service and will continue to function as urban streets. Police Services - SpJ;ingfield Police Department currently provides service to other properties in this general area already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department and Lane. County Sheriff's Department. Emergency services and police response have been complicated by the jurisdictional gaps and overlaps within the proposed annexation area Upon annexation, this ll!ea will receive Springfield Police services on an equal basis with properties inside the City. Annexation of the subject rights-of-way will increase the efficiency of emergency services and police response to this area. C SP 2009 - LRP2009-00004 (MLK Jr. Parkway) Attachment 1-4 Page 4 ofl 0 Date t~eceived:#1 Planner: AL EXHIBIT C - P6 Fire and Emer"encv Services - Fire protection is currently provided to the annexation area by the City of Springfield Fire & Life Safety. Upon annexation, the City will continue to provide fIre and emergency services to the subject territory. The nearest Springfield fire station is located on Pheasant Avenue north of Hayden Bridge Way. Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, and Lane Rural FirelRescue 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. Parks and Recreation - Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. Indoor recreation facilities, such as the Willama!ane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center will be available to residents as new development occurs, The park district offers various' after-school and other programs for children at scho.ols 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. There are two neighborhood parks in the vicinity of the proposed annexation area: Robin Park and Gamebird Park. Concurrent with annexation to the City of Springfield, the subject area wilJ"be annexed to the Willamalane Park and Recreation District consistent with City policy, if the City Council determines that annexation to the special district is in thebest interest of the City. . Schools - Eugene 4J School District serves the northern portion ofth~ annexation territory. Existing schoo1s- Bertha Holt elementary, Monroe middle, and Sheldon High School serve the neighborhood generally north of houses on Wayside Loop. Springfield School District 19 serves the southern portion of the' annexation territory. Existing schools-Guy Lee elementary, Hamlin middle, and Springfield high-serve the neighborhood generally south of houses on Wayside Loop. However, it is not expected the annexed territory will contain any population. ' Sanitarv Sewer - The annexation area can be served by (or already contains) existing public sanitary sewer . lines. The public rights-ofCway do not require'sanitary sewer service, but are typically used for routing of major public sewer lines. There is an existing 24-inch sanitary sewer line that runs within the northern segment of the Martin Luther King, Jr. Parkway right-of-way proposed for annexation. A lO-inch sanitary, sewer line is located ' within the piece of Game Farm Road right-of-way at the intersection with Martin Luther King, Jr. Parkway. ' Finally, 8-inch and lO-inch sanitary sewer lines are located within Game Farm Road and Deadmond Feny Road adjacent to the portions of right-of-way proposed for annexation. There are no immediate plans to install new or upgraded sewer lines within the annexed territory. ' Concurrent with annexation to the City of Springfield, the annexation area will be annexed to the Lane County Metropolitan Wa,~_,"4~.. Service District, ifthe City Council determines that annexation to the special district is in the best interest ofthe City. Stonnwate~ - Existing stormwater management system pipes are located within portions of Pioneer Parkway, Martin Luther King, Jr. Parkway, Game Farm Road and Deadmond Ferry Road. There are no plans to modify the existing stormwater management system with the proposed annexation. Any fuither development or redevelopment in the annexation area will require appropriate stormwater management techniques in accordance with City standards. Street. - The subject street rights-of-way are developed to urban standards with curb and gutter, sidewalks (excepting portions of Martin Luther King, Jr. Parkway north of Hayden Bridge Way), street trees, bike lanes, and lane striping. There are no plans to modify the developed public streets with this annexation proposal. City Council adopted a resolution to initiate annexation of the Martin Luther King, Jr. Parkway right-of-way on July 21, 2008. The Pioneer Parkway and Martin "Luther King, Jr. Parkway rights-or-way requested for C SP 2009 - LRP2009-00004 (MLK Jr. P"kw1ly) Attachment 1-5 Date Received: Planner: ,AL Page 5 of 10 1/7/;)0,,'1 I I EXHIBIT C - P7 , 1'1 annexation comprise approximately 10.59 acres. siaff has identified fragments of public right-of-way at the Martin Luther King, Jr. Parkway and Game Farm Road intersection; portions of Game Farpl Road right-of~way north of the intersection with Martin Luther King. Jr. Parkway; and portions of DeadmondiFerry Road right-of- way east of the intersection with Game Farm Road that warrant annexation with this ~pon. The additional recommended annexation area totals 1.12 acres. Consistent with . current Springfield Public Works practice, street right_of-way is annexed only after it is improved to City standards. The sections of Game Farm Road and Deadmond Ferry Road proposed for annexation are developed. to City standards and therefore meet this criterion, Additionally, the portion of Game Farm Road at Martin Luther King, Jr. Parkway is located within a signalized intersection that contains traffic controHnfraslructure such as detector loops. Annexation is desired to ensure the intersection and traffic control devices are entire IT within the City's Ijurisdiction. Upon aimexation, jurisdictional transfer of access control and maintenance responsibilities will be. automatically conveyed to the City. Lane County has consented to annexation of the subject rights-of-way through adoption of County Commissioners Order 07-6-27-10 (Exhibit B). The total area recommendeafor annexation, including the portions of Game .Farm Road and Deadmond Ferry Road rights-of-way, is approximately 11.71 acres. Solid Waste ManaQement - The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexatio~, Sanipac will serve this property. It is not expected that the public street 11. rights-of-way will generate solid waste. . Communication Facilities - Various providers 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 future development in this area . Land Use Controls - The annexation area 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 defmed on page V-3 of the Metro Plan, are either immediately available or can be provided within a reasonable future time frame as n~eded. Conc1usio'1: 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 City will assume ownership, maintenance and police/emergency services responsibilities for the public street rights-of-way upon annexation. The subject rights-of-way are contiguous with existing, developed streets that are owned and maintained by the City, and tho.ofu,o represent a. natural extension of existing maintenance and police/emergency services responsibilities. The elimination of ~jurisdictional overlap between the City and Lane County should improve the efficiency of Springfield police and emergency services response within the annexation area Conc1usin'1: The proposal meets this criterion. DIRECTOR'S RECOMMENDATION: Modify the annexation area to include portions of Game Farm Road at the intersection with Martin Luther King, Jr. Parkway; portions of Game Farm Road north of the intersection with Martin Luther King, Jr. Parkwa.y; and portions of Deadmon.! Ferry Road east of , the intersection with Game Farm Road; approve the modified annexation of territory to City of Springfield, .Lane County. Metropolitan Wastewater Service District, and WiUamaJane Park and Recreation District, and withdraw the requested annexation area, as modified, from.the Rainbow Water District. C SP 2009 -.LRP2009-00004 (MLK~Jr. Parlcway) Attachment 1-6 Page 6 oflO . Date Received: 7hldCof Planner: AL / I EXHIBIT C - PB City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: Without an ~mergency Clause, the annexation will.become effective 30 days following the second reading by City Council, which is on or around August 19, 2009 (assuming second reading at the July 20, 2009 City Council meeting). Springfield Police Department has expressed strong interest in eliminating the jurisdictional confusion and potential delays to emergency'services and police response within the subject annexation territory. Upon annexation, the subject street rights-of-way will be entirely within the jurisdiction of Springfield Police Department. Finding: The City Council held a Public Hearing on July 6, 2009 for the subject annexation request. Based on the staff analysis and recommendation, and on testimony provided at the Public Hearing, the City Council approved the annexation area as modified (Maps 17-03-15-40; 17-03-22-00; 17-03-22-41; 17-03-22-44; and 17- 03-27-11) per Ordinance No.~ totaling approximately 11.71 acres. Zoning (SDC 5.7-150): The annexation area is designated Low Density Residential, Medium Density , Residential and Mixed Use in the Metro Plan and adjacent properties along the linear rights-of-way are variously zoned LDRIUF-lO (Low Density Residential with Urbanizing Fringe Overlay District), MDRIUF-IO (Medium Density Residential with Urbanizing Fringe Overlay District), LDR, MDR, Community Commercial (CC) and Mixed Use Commercial (MUC). Finding: Upon the effective date of the annexation, the UF-lO overlay is automatically removed and the subject rights-of-way are absorbed within the adjacent zoning district consistent with the Metro Plan designation. ElIective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City Council on July 6, 2009 with an Emergency, Clause, the Ordinance will become effective upon adoption by the City Council and execution by the Mayor. Finding: City Council gave second reading to Ordinance _ on effective consistent with SDC 5.7-155 and ORS Chapter 222 on .2009. The Ordinance became .2009. 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 Directorshall 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 wifudraw 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 area is within the Rainbow 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 Rainbow Water District was in the best hlterest of the City. The withdrawal decision was codified in Ordinance NO._I_. Exhibits: A. Assessor's Maps showing strips of road rights-of-way recommended for annexation B. County Coinmissioners Order 07-6-27-10 C SP 2009.- LRP2009-00004 (MLKlr. Park\wy) Attachment 1-7 Page 7 of 10 Date Received: 7 h /;;001- Planner: ALl I EXHIBIT C - pg .~ EXHlBIT A "Ii AnnWll"",,"Y_ . '~ '. 1I/IIIUUllIl'l/ ~ Ik~u. 0- eJll._ 1_ :_ (i)---.......- ... ~. .~ ~ .*, "--..--- -.....--. ::~..::::;;:".::.=-=."::':;:::::; . <D Portions of Pioneer Parkway and Martin Luther King, Jr. Parkway rights-of-way alPortion of Martin Luther King, Jr. Parkway and Game Farm Road rights-of-way a>& @) Portions of Game Farm Road right-of-way ~ Portions ofDeadmond Ferry Road right-of-way C SP 2009 ~ LRP2009-00004 (MLK Ir. Parkway) Attachment.1-8 Page 8 of 10 Date Received: 7/' /'ih1DJ Planner: AL . " , EXHIBIT C - P10 ". EXHIBIT B ;;2381~d)4M """u..... THE BOARD OF COUNTY COMMISSIONERS . OF LANE....u,....l.u.;,OREGpN ORIGINAL IN. THE MATTER OF ACCEPTING A DEED OF LAND TO ) . BE USED AS P(lBUC AND COUNlY ROAD EASEMENT J ORDER NO, . (CO. RD. NO. 2151, TIflRD ST. AKA PIONEER PARKWAY ) 07<6..27.10' eAST) AND AUTHORIZING COUNTY ADMINISTRATOR'S ) CONSENT TO ANNEXATION OF PROPERTY TO ntE CITY, ) . OF SPRINGFIELD (MARTIN LUTHER KING, JR. , ) , PARKWAY AND mRDST.J (t7..o3-22 & 27) J . THIS MATTER IlO\V coming before the Board of, County Commissioners of lane CountY. and the Board deeming 1110 be In the best Interest of Lane Counly and !he ,public to dedicate a portion of Chat cer1aln tiact olland _...,.,..j to Lane County by wananty deed recorded November 5, 1973 on Reel 653. Recorder's Reception Number 7350074. Lane' County, Oregon DBed Records; and WHEREAS. !he Lan. County Bo.rd of CommIssioners have bean provided a good and sUfficient dee" forever dedicating a portion of the land for public road purposes and expressly as a portion of ,'County Road Numb.r 2151 (Plone.r Parkway Ea.~ originally established as Third,Streel), and the Board of County CommisSlon.rs of Lan. County deeming It proper, as a convenience for property owners In the area and .s a benerrt to the g.neral pUblic, to .ccapt said deed for a public' road easement and WHEREAS. the Boam of County CommlSsloneJ'$ of Lane Counly also deem It to be In the best Inlerest of Lane County end the pubic to euthorize Lene County.Admlnistrator's COI1$Snt 10 the: annexation of property dascribed in the petition for annexation ,,""chad hareto and made a part hereof by this Omer, and NOW. ntEREFORE, IT IS HEREBY ORDERED thatlhe said deed shall be and Is h.reby accepted by the Board of County Commissioners of Lane Counly as a public road easement and IT IS FURTIIER ORDEJU;D tfJat the right of way described In said deed I. expressly accepted as a portion or County Road Numbllr 2f51 (Pioneer Parl<wlly Ea.~ originally estabu.hed as ThirdStieel) by thl. Order; and IT IS FURntER ORDERED that authorization Is hereby given to the County Admlnlslralor to sign said peutlon fOl................::...., on behalf of Lane Countyi and, . . . IT IS FURTHER ORDERED that this Ord.r shall be entered In the records of the Board of County Commlesloners' Journal of Administration and In the corresponding mad records files of the County Survayor's Office; end IT IS FURTHER ORDERED that the deed and th. petition lor annexallon be recorded In the Oaed Records of th. County and the Document Numb.... be noted on thl. Order. t'l LI:;U' JUlO 2 2001 . BY~ CJ.I&RK oJ' DATED thiS 27th day of Juoe ,2007. OROERACCEI'TlNG llEfl) FOR COUNTY ROAD NO 2151 (lhInI...... _ Po_ Ealjl AND AlJlHOllJZlNa CONSENTTQ ANN!XA'I1ON OF PR,CPERTY {M;lrtIn Luther KIng, Jr. Parkwayand' illln:I SIreDQ . _ l1:\SUNeMGENO.I..~CP.TM.,."'''''''\llilI~III,1.at-Ord.doc(jlJ) . C SP 2009 - LRP2009-00004 (MLK Jr. Purkway) Attachment 1-9. Page 9 of 10 Date V/.eceived:-..:1I--'/~L Planner: AL ':1 EXHIBIT C- P11 i~23Br~d}405: ..... vd TIlE IlOARD OF COUNTY coMllttS..v, ,OOAS .OF LANE COllNTY, OREGON '/ ORIGINAL DEPARTMENT OF PUBUC WORKS LAND MANAGEMENT DIVISION LANECOUNTYBOA.RD OF COMMISSIONERS By ~..~1- ChaIr ' Approved .....1,,"'.. I. . ,.2007. APPROVED AS TO FORM Po,. f./"....7' "'..,,""'" '.~~ 0lIl<;< OF lEGAl COtINSEl IOeed). Lane County. Oregon Deed Records. . . (Petition for An~tIon), Lane County. Oregon Deed Records. Document Number ;JUg 1--'ft;3o/?- DOClJ~ent N~mber ';00 1- %' ~ tft AlIachmenls: Dedication with Dedication Map Attachment "N . PeUtlon lor Ann....ti~n Including legal description and Annexation Map Exhlbn "B" , OfWERACCEl'l1NO DEED FOR COUN!Y I\OAD NO 2151 (lIlnI"'ot IPI...... P_EaslllAND A1llliORIZING CONSeNT TO ANNEXAn.ONOFPROPERTV(Mcu1lnLulhwI<lng,Jr.P"llrkwaya:w21l1irdslmcItJ .. _ H~GENOA\CCD/CAmcoRO\l!lIrdSl1HI-OnI.doc On? . . C SP 2009 - LRP2009-00004 (MLKJr. Parkway) Attachment 1-10 Page 10 of 10 . Date Received: ~ h/dtJ4't Planner: AL I I