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HomeMy WebLinkAboutNotes, Meeting CON 7/7/2008 . AGENDA ITEM SUMMARY . Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: July 7, 2008 Regular Meeting Development Services Jim Donovan.4E. x3660 V'T;Y' ] 5 minutes SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION REQUESTED: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD (Franklin BoulevardlG]enwood Bridge/Willamette River) - Case Number CSP 2008 - LRP2008- 00006) Conduct a public hearing and adopt/not adopt the following ordinance: 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. ISSUE STATEMENT: This annexation request was initiated by City Council Resolution No. 08-06 on March 17, 2008 (Attachment 3, Exhibit B). The annexation area includes Franklin Boulevard right-of-way, a portion of the Glenwood Bridge, and a portion of the Willamette River. The annexation area is about 19\1. acres in size and is public right-of-way (Franklin Boulevard, ,,]2.80 acres; Glenwood Bridge, ,,5.00 acres) and waterway (Willamette River, ,,1.45 acres). Urban services, primarily public safety services, are desired for this portion of the Franklin Boulevard transportation corridor. The Staff Report (Attachment]) includes an analysis of the annexation request and recommended Council actions. Maps of the annexation area are Attachment 2. The requirements in Springfield Development Code (SDC) Article 5.7 are addressed in Staff Report. The annexation area can be served with the minimum level of key urban facilities and services as required in the Eugene-Springfield Metropolitan Area General Plan. Services are immediately available or can be provided in a timely manner. The Director's recommendation to the City Council is to (a) approve the annexation ofterritory to the City of Springfield and Lane County Metropolitan Wastewater Service District; and (b) withdraw the same annexation area from the Glenwood Water District. A TT ACHMENTS: Attachment]: Staff Report and Recommendation Attachment 2: Area, Vicinity and Site Maps Attachment 3: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Initiating Resolution No. 08-06 Exhibit C: Staff Report ' DISCUSSION/ FINANCIAL IMPACT: The City Council is authorized by ORS Chapter 222 and SDC Article 5.7 to accept, process, and act on annexation requests initiated by City Council resolution. If approved with an emergency clause, the annexation will become effective immediately upon signature by the Mayor consistent with SDC 5.7-]55 and ORS 222.040, 222.180, and 222.465. Based on this method of initiation, an election on the ,question of annexation is not allowed. The annexation area includes public facilities and waterway and is located inside the urban growth boundary (UGB). The current City limits run along the eastern boundary of the site. Urban services-primarily public safety services-are desired for this public infrastructure. There is no assessed value attached to public right-of-way or waterway. Emergency adoption of the ordinance allows the area to be served immediately. GlOt" PilGOi"Q<!: l-l~og Planner: J P I 0 f TZ''rp~ . . TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Franklin Boulevard/McVay Highway/Glenwood BridgelWillamette River Applicant: City of Springfield Case Number: C SP 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: Not zoned Zoning After Annexation: Not applicable Metro Plan Designation: Light Medium Industrial and Co=ercial 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 APPLICANT'S DEVELOPMENT REVIEW TEAM POSITION NAME PHONE MAILING ADDMSS Owner State of Oregon Dept. of 541-744- 744 A Street, Transportation; Attn. 8080 Springfield, OR 97477 Mike Spaeth Applicant's Representative N/A Consulting Engineer N/A C SP 2008 - LRP2008-00006 (Frnnklin BlvdlGlenwood BridgefWillamette River) Page I of7 ATTACHMENT 1 - 1 . - . Review Process (SDC 5.7-115): The subject annexation application 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 J:4e Director. The application is public 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 sbc 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 public services are provided to the annexation area as follows: police (Oregon State Police, Lane County Sheriff), schools (Eugene School 41), roads (State of Oregon), fire (Glenwood Water District 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 public 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 public facilities and not in private own,ership); 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 (Franklin BlvdlGlenwood Bridgc:/Willamette River) ATTACHMENT 1 - 2 Page 2 of7 . . 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 public hearing was posted in five public 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 websiteJ 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 reco=endation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's reco=endation follows SDC 5.7-140; Criteria Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A; The affected territory proposed to .be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: 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 refmement 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 Refinement Plan. . 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 . 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 BlvdlGlcnwood BridgeIWillamc:tte River) ATTACHMENT 1 - 3 Page3 of 7 . . 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 gove=ent identified in the Metro Plan to provide urban services to annexed territory. Finding: The Glenwood Refinement Plan was the applicable refinement 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 public facilities and waterway and was not provided water sei-vice by the district. The water district contracted with the City of Springfield for fire services within its boundaries. Based on the public 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 intergove=entai 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 public hearing and public record, the City Council determined that annexation to the Lane County Metropolitan 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 thepark 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 dermed in the Metro Plan can be provided in an orderly efficient and timely manner, and C SP 2008 - LRP2008-00006 (Franklin BlvdlGlenwood BridgeIWillamette River) ATTACHMENT 1 - 4 Page 4 of7 . . Finding: The Metro Plan recognizes annexation as the highest priority for extending the minimum level of key urban facilities and services to urbanizable areas (policies #8 and #10, page ll-C-4). The annexation area will take' advantage of urban service delivery 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 Water - 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, t1:)e annexation area will continue to serve as part of the service delivery system in this region. Electricitv - 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 delivery system in this region. Police services - The annexation area is part of the infrastructure used to deliver police services ' to this area. After annexation, the annexation area will continue to serve as part of the service delivery 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 emergencv 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 public safety service to the annexing area The aimexation 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. 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 delivery system in this region. C SP 2008 - LRP2008"00006 (Fnmklin BlvdlGlenwood BridgeIWillamette River) ATTACHMENT 1 - 5 Page 5 of7 . . Schools - Eugene School District 4J serves this area The annexation area includes public facilities which aid in the delivery of this public service to this region. Wastewater - The annexation area includes public infrastructure that is used to deliver this urban service to users in this area After annexation, the annexed territory will continue to serve as part of the. service delivery system in this region. The annexation area will be annexed to the Lane County Metropolitan Wastewater Service District if the City Council qetermines that annexation is in the best interest of the City. Stormwater - The annexation area includes public infrastructure that is used to deliver this urban service to users in this area. After annexation, the annexed territory will continue to serve as part of the service delivery system in this region. Streets - The annexation area includes portions of Franklin 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 delivery system in this region. Pubic safety services-such as municipal police service are desired to enhance .safety along this infrastructure. Solid waste management - Private firms and individuals collect and transport solid waste to the Lane County administered landfill via the public 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 public infrastructure will continue to serve as part of the service delivery 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 BlvdlGlenwood BridgeIWiIlamette River) ATTACHMENT 1 - 6 Page 6 of7 . . Conclusion: The proposal meets this criterion. Director's Recommendation: Approve the annexation ofterritory 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 ofterritory by passage of Ordinance No. _' 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 result in 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 G1enwood 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 BridgeIWillamette River). ATTACHMENT 1 - 7 Page 7 of? ATTACHMENT 2 - 1 . .' Springfield, OR There are no warranties that accompany this product Users assume aU responsibility to: anY.Jr::ss 0: damage arising from anyenur, omission or poSitional maccuracy of this product. r-'1I Public u....;...u Right-of-Way D Tax Lots ~jJ Outside of CitY Umils r--j Wilhin City Umils ..--.. o ATTACHMENT 2 - 2 530 1,060 I Feet . . Subject Area Springfield, OR There are no warranties that accompany this product Users assume aD responsibility for any 10$3 or damage arising from any error; omission or positional inaccuracy . of this product. ATTACHMENT 2 - 3 o D Public Righl-<lf-Way Tax Lots rmJl5 CU1sicle of City Umils ~_. Lr--l Within City Umils --. o 250 500 'Feet . . ORDINANCE NO 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 temtory was submitted on March 17, 2008, said temtory being described as follows: Franklin Boulevard fight-of-way, Glenwood Bridge right-of-way, and Willarnette River, located on Assessor's Maps Township 17 South, Rallge 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 accep~ process, and act on annexations to the City; and WHEREAS, consistent with SDC 5.7-l25(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 temtory proposed to be annexed is within the Eugene-Springfield Metropolitan Area General Plan (more co=oniy known as the Metro Plan) urban growth boundary and is contiguous to the City limits [SDC 5.7-l40(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-l40(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-l40.(C)]; .and, . WHEREAS, a Staff Report was presented to the City Council with the Director's reco=endation to approve the annexation of temtory (Exhibit C); and, WHEREAS, a Staff Report was presented tothe City Council with the Director's reco=endation to concurrently annex the area to the Lane County Metropolitan Wastewater Service District [SDC 5.7- l40(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 reco=endation to concurrently withdraw the area from the Glenwood Water District and the annexation area continues to serve as public infrastructure [SDC 5.7-l40.B]; and, ATTACHMENT 3 - 1 . . 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 findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance. NOW THEREFORE, THE 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 shali send copies of this Ordinance as required by SDC 5.7-155, SECTION 4: It is hereby found and determined that matters relating to tlie 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 ofJuly, 2008, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of July, 2008. ATTEST: Mayor City Recorder f;r1.f~~;;~[""'" '"", r .-.T"\"'"....~'" ",. V 1.) l~" l'" ;,' ,." /:, ", ',.' .,J h I< ;(j I)" J ~ .~._-"".,'-~, "'" l~c" U"\'~~i:lJ:..i:.J A,C;.'Tr. F-u'''c.:'''1l A"'" DATE !ffif;,-r-- OFFICE OF CiTy f\TT02f'JEY ATTACHMENT 3 - 2 . . EXHIBIT A - P1 ORD. NO. . Exhibit A-10f2 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 ofFranklin 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 N66057WE 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/y; Ii of the East Bound lane of the Bridge to Springfield (aka Glenwood Bridge) S66057WW 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 apt 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 of sdMcVay Hwy; th NWly 1,367.17 ft mil alg the W r/w sd McVay Hwy (varying widths) and the ~ 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. ATTACHMENT 3 - 3 I) @ EXHIBIT A - P2 Subject Area EXHIBIT A-2 There are no warran6es that accompany this product USet3 assume 81 responsibility for any loss or damage arising from any error. omission or positional ;nao::uracy d~~pro;~ ATTACHMENT 3 DI D Public Right-of-Way Tax Lots ~J Outside of City Umits t=J Within City Umils - 4 o 250 50D 1 I Feet . . Subject Area EXHIBIT A-2 OJ D Public Right-of-Way Tax Lots There "'" no wanan6es that accompany this product Users assume a' responsibility for any loss' or damage ":~;p'::l.:;y emx; omissioK ff~~fft""'~ 5 EXHIBIT A P3 Springfield, OR CST "..,' m OUlside of city Umils [ JWllhinCItyUmils o 25. 500 'Feet , EXHIBIT B . RESOLUTION NO 08-06 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE. . EXHIBIT B - P1 " 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 the 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 Commqn Council of the City of Springfield this 17thday of March 2008, by a vote of 1-for and ....Q....againsl APPROVED by the Mayor of the City of Springfi ATT~ST:~~ City Recorder fiEmrm} J.: li('PROIJED A" TO FORM o >"'-J' \-\ ~ L'l"oP"""1 DAIE:2>J_ OFFICE OF CI, Y ATTORNEY ATTACHMENT 3 - 6 . . 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 WiUiam 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 2361R at Reception No. 97809986, Lane County Official Records, in Lane County, Oregon (current tax lot 17-03-34-44-(0101) 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 {;Curses 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 d~cribed 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 to 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 Lim~ed 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, 1,270 feet, more or less, to the point of beginning. 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EXHIBIT C .--- EXHIBIT C - P1 TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Franklin BoulevardJMcVay Highway/Glenwood BridgeIWillamette River Applicant: City of Springfield Case Number: C SF 2008 - LRP2008-00006 Proposal Location: In the Glenwood area, Franklin Boulevard between the Glenwood Bridge arid Brooklyn Street and Southern Pacific Highway on Assessor's Maps 17-03-3441 and 17-03- 3444; including a portion of the Glenwood Bridge and the Willamette River Existing Zoning: Not zoned . Zoning After Annexation: Not applicable Metro Plan Designation: Light Medium Industrial and Co=ercial 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 APPLICANT'S DEVELOPMENT REVIEW TEAM PosmON NAME PHONE MAILING ADDRESS Owner Siirte of Oregon Dept. of 541-744- 7M A Street, Transportation, Attn. 8080 Springfield, OR 97477 Mike Soaeth Applicant's Representative N/A Consulting Engineer N/A. C SP 2008 - LRP2008-00006 ~~~?f~Rrnr) Page 1 of7 . . EXHIBIT C - P2 Review Process (SDC 5.7-115): The subject annexation application 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 public 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-l25(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 Willarnette River (approximately 1.4 acres). The estimated tot3l acreage of the annexation area 19.2 acres. . Existing public services are provided to the annexation area as follows: police (Oregon State Police, Lane County Sherifi), schools (Eugene School 41), roads (State of Oregon), fire (Glenwood Water District contracting with the City of Springfield), park and recreation (Willarnalane Park and Recreation District), and water (Glenwood Water District). After annexation, urban services, such as municipal police, will be provided to enhance public 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 public facilities and nodn 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, Washbum Neighborhood Association, East Alton Baker Association, and 'the Game Farm Neighbors Association); affected special districts and all other public C SP 2008 - LRP2008-00006 iF~ BlvdlGlCDWOod Bridg./Wi1l~ RM:r) ATTACHMENT 3 -11 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 public hearing was posted in five public 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 website] 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 the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.7-140, Criteria Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: 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 reflDement plans or Plan Districts; The Metro Plan is the applicable comprehensive plan governing growth management decisions by the City of Springfield. The applicable refinement plan is the GIenwood Refinement Plan. . 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 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 BlvdlGlcnwood Bridgt:lWillmnctte River) ATTACHMENT 3 - 12 Page 3 of7 . eo 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 applicable refinement 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. , . . I 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 (OWD), which provides water and fire services to territory within its boundary. The annexation area is public 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 public 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 intergove=ental 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 public hearing and public record, the City Council determined that annexation to the Lane County Metropolitan 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 defined in the Metro Plan can be provided in an orderly efficient and timely manner, and C SP 2008 - LRP2008-00006 (FraokIin Blvdl~wood Bridge/Willamcttc R.m:r) ATTACHMENT 3 - 13 Page 4 of7 . - .- EXHIBIT C - PS Finding: The Metro Plan recognizes annexation as the highest priority for extending the . minimum level of key mban facilities and services to mbanizable areas (policies #8 and #10, page 1I-04). The annexation area will take advantage of mban service delivery 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 Water- 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 areawill coritinueto serve as part of the service delivery 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 delivery system in this region. Police services - The annexation area is part of the infrastructure used to deliver police services to this area After annexation, the annexation area will continue to serve as part of the service deliverY 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 iri 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 infrastructme 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 public safety service to the annexing 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. . 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. 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 Willarnalane 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 delivery system in this region. C SP 2008 - LRP2008-00006 (FI1IllIdin BlvdIGlCllWOOd BridgclWillamcttc River) ATTACHMENT 3 -14 . Page 5 of7 . .- EXHIBIT C - P6 Schools - Eugene School District 4J serves this area The annexation area includes public facilities which aid inthe delivery of this public service to this region. Wastewater - The annexation area includes public infrastructure that is used to deliver this urban service to users in this area After annexation, the annexed territory will continue to serve as part of the service delivery. system in this region. The annexation area will be annexed to the Lalie County Metropolitan Wastewater Service District if the City Councild,etermines that.annexation is in the best interest of the City. Stormwater - The annexation area includes public infrastructure that is used to deliver this urban service to users in this area After annexation, the annexed territory will continue to serve as part of the service delivery system in this region. Streets - The annexation area includes portions of Franklin 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 delivery system in this region. Pubic safety services-such as municipal police service are desired to enhance .safety along this infrastructure. Solid waste management - Private firms and individuals collect and transport solid waste to the Lane County "ciministered landfill via the public infrastructure included in the annexation area Co=unication facilities - Various providers offer both wire and wireless co=unication 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 public infrastructure will contip.ue to serve as part of the service delivery 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!ln page V-3 of the Metro Plan, are either i=ediately 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 appruved 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 (FnmkIin BlvdlGlcnwood Bridg1;Willamcttl: River) ATTACHMENT 3 - 15 Page 6of7 . .-- 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 reco=endation and on the public hearing, the City Council approved the annexation of territory by passage of Ordinance No. Zoning (SDC 5.7-150): The annexation area is designated Light Medium Industrial, and Co=ercial 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 i=ediate 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 result in the annexation becoming effective November 5, 2008--the day after the November general election. Finding: An emergency adoption procedure is reco=ended to allow the provision of services i=ediateli 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 ofterritory to the City. The Director shall reco=end 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 ofllie 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 (Fr.mk1in BlvdlGlenwood BridgeJWillamctll: RM:r) ATTACHMENT 3 - 16 Page 7 of7