HomeMy WebLinkAboutItem 05 Annexation of Territory to the City of Springfield - Annex 3.84 Acres of Property Located at 3491, 3521 & 3535 Game Farm Road, Springfield AGENDA ITEM SUMMARY Meeting Date: 5/19/2014
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: Ext. 3784
Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development
and Revitalization through
Community Partnerships ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX 3.84 ACRES OF PROPERTY LOCATED AT 3491, 3521 & 3535 GAME FARM ROAD, SPRINGFIELD.
ACTION REQUESTED:
Conduct a second reading and adopt/not adopt the following ordinance:
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE
CITY OF SPRINGFIELD, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL
FIRE PROTECTION DISTRICT AND THE RAINBOW WATER DISTRICT.
ISSUE
STATEMENT:
A request for annexation to the City of Springfield has been received from OneLife Management
on behalf of four property owners. The subject properties are located on the east side of Game Farm Road just north of the intersection with Martin Luther King, Jr. Parkway in the Gateway
area of north Springfield. The 3.84-acre site requested for annexation is inside the City’s Urban Growth Boundary (UGB) and is contiguous with the City limits. The applicant is requesting annexation to facilitate future redevelopment of the site with a residential care facility.
ATTACHMENTS: Attachment 1: Staff Report and Recommendations
Attachment 2: Area, Vicinity and Site Maps Attachment 3: Ordinance with Exhibits
Exhibit A: Maps and Legal Description
Exhibit B: Application Attachment 4: Annexation Agreement
DISCUSSION/
FINANCIAL IMPACT:
The City Council is authorized by ORS Chapter 222 and SDC Article 5.7-100 to act on
annexation requests. Council gave first reading to the Annexation Ordinance at the public hearing meeting on May 5, 2014. One person testified in favor of the annexation request at the public hearing meeting. In accordance with SDC 5.7-155 and ORS 222.040, 222.180 and
222.465, if approved the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State – whichever date is later.
The subject property is contiguous with the existing City limits and is currently developed with
three single family dwellings, a small filbert orchard, accessory buildings, and access driveways. Upon annexation, the proposed development site would be subject to the Site Plan Review
process.
The parcels requested for annexation are zoned Low Density Residential and Medium Density Residential with an Urbanizable Fringe Overlay (UF-10) in accordance with the Springfield
Zoning Map. Upon annexation, the UF-10 overlay will be removed.
As outlined in the attached staff report (Attachment 1), 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. An Annexation Agreement has been prepared by staff for execution by the property owners. The attached staff report also confirms the annexation request meets the criteria established in Section 5.7-100 of the Springfield Development Code.
Recommendation: Staff finds the proposal complies with the annexation criteria of approval
listed in SDC 5.7-140, and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District; and withdrawal
of the subject territory from the Willakenzie Rural Fire Protection District and the Rainbow Water District.
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
______________________________________________________________________________
File Name: OneLife Management Annexation
Applicant: Jon Oakes, Poage Engineering
Case Number: ANX14-00002
Proposal Location: 3491, 3521 & 3535
Game Farm Road (Map 17-03-15-40,
TL 2500; and Map 17-03-22-00, TL 400-
600)
Current Zoning: Low Density Residential
(LDR) and Medium Density Residential
(MDR) with Urbanizable Fringe Overlay
(UF-10)
Plan Designation: LDR & MDR
Applicable Comprehensive Plan:
Gateway Refinement Plan
Application Submittal Date: March 31, 2014
Associated Applications: PRE13-00026 (Development Issues Meeting for Annexation);
PRE14-00016 (Pre-Submittal Meeting for Annexation)
CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE
POSITION REVIEW OF NAME PHONE
Project Manager Planning Andy Limbird 541-726-3784
Transportation Planning Engineer Transportation Michael Liebler 541-736-1034
Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036
Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293
Building Official Building David Bowlsby 541-736-1029
APPLICANT’S DEVELOPMENT REVIEW TEAM
POSITION NAME PHONE MAILING ADDRESS
Applicant Zach Falk
OneLife Management
541-914-7801 1830 NW Riverscape St #803
Portland OR 97209
Applicant’s Representative Jon Oakes Poage Engineering 541-485-4505 PO Box 2527 Eugene OR 97402
City Limits
Beltline Rd
Deadmond Ferry Rd
Area Requested for Annexation
Attachment 1, Page 1 of 7
Review Process (SDC 5.7-115): The subject annexation request 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 public
agency and private landowner-initiated annexation applications.
Finding: A Development Issues Meeting for the subject annexation request was held on October 3, 2013. Conclusion: The requirement in SDC 5.7-120 is met.
Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1), an annexation application may be initiated by “more than half the owners of land in the
territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing
to the annexation of their land”.
Finding: The property owners who own all of the land and real property, and full assessed value of real
property in the contiguous territory, have filed applications and petitions requesting annexation to the City of
Springfield (Attachment 3).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The territory requested for annexation is four contiguous tax lots located at the northeast
corner of Game Farm Road at Martin Luther King, Jr. Parkway in the North Gateway area of Springfield. The
subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits on three sides. The requested annexation territory contains three single family dwellings, landscaped
yards, a small filbert orchard, several accessory buildings and residential driveways. The subject annexation territory comprises a total of 3.84 acres and is split between LDR and MDR zoning. According to the applicant’s submittal, the subject annexation territory is intended to be redeveloped with a memory care
residential facility. Redevelopment of the property would be subject to the Site Plan Review process once the property is entirely within the City limits.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Eugene 4J School District), roads (City of Springfield), and Fire
(Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District). Rainbow Water
District operates the water utility infrastructure that serves unincorporated areas in north Springfield, including the subject site. Springfield Utility Board provides electrical service to the proposed annexation area. Upon
annexation, the City of Springfield will be responsible for all urban services, including sewer, water, electricity and police/fire response to the subject area.
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 April 15, 2014, which is at least 14
days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory;
affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners.
Newspaper Notice. Notice of the May 5, 2014 public hearing was published in The Register-Guard on April 21 and 28, 2014.
Attachment 1, Page 2 of 7
Posted Notice. Notice of the May 5, 2014 public hearing was posted in four public places in the City:
at one location along the property frontage on Game Farm Road; at Springfield City Hall and in the Development and Public Works office; and on the City of Springfield website.
Finding: Upon annexation of the subject territory to the City the Low Density Residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the
Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on April 2, 2014.
Finding: Staff responded to several telephone calls from residents of the Patrician Village mobile home park who had received the mailed public hearing notice. Staff answered questions of the respondents and clarified
that the annexation request was for property on the east side of Game Farm Road, not the Patrician Village property. The callers did not express any concerns or objection to the annexation request for the subject
property, and no other written or verbal comments were received.
Finding: The City Council gave first reading to the Annexation Ordinance at the regular meeting on May 5,
2014. At the public hearing meeting, one person testified in favor of the annexation action.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130.
Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in 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 territory is located within the acknowledged urban growth boundary (UGB) of
the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The area requested for annexation abuts the Springfield city limits along the north, west and south boundary. Therefore, this annexation application
meets the statutory definition of contiguity as found in ORS 222.111(1).
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 delineated UGB ultimately will be within the City of Springfield. Finding: The territory requested for annexation is located within the adopted Gateway Refinement Plan area and
is zoned and designated Low Density Residential (LDR) and Medium Density Residential (MDR). There are no proposed changes to the current zoning or plan designation.
Attachment 1, Page 3 of 7
Finding: 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 special districts within the urbanizable area. The Metro Plan recognizes that as annexations to the City occur, the special district service areas will
diminish incrementally and eventually will be dissolved.
Finding: The territory requested for annexation is within the Willakenzie Rural Fire Protection District. The
Fire Protection District has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of north Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection
District consistent with ORS 222.510, 222.520, and 222.525 and the Cities of Eugene & Springfield will provide fire protection service directly to the annexation area.
Finding: The territory requested for annexation is within the service area of Rainbow Water District. 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 annexation area.
Finding: After the public hearing and upon Council adoption of the annexation Ordinance, 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 urban 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 priority for extending the minimum level of key
urban facilities and services to urbanizable areas.
Finding: The territory requested for annexation will take advantage of urban service delivery systems that are
already in place or can be logically extended 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 – The Springfield Utility Board currently provides water service to the North Gateway area of Springfield. Upon annexation, the subject site would be served by the City by and through the Springfield
Utility Board. The territory proposed for annexation contains existing single family dwellings and a private well
house. The applicant is requesting annexation to facilitate redevelopment of the site with a congregate care facility, which is a listed use in both the LDR and MDR districts.
Electricity – SUB Electric provides service to developed properties in this area of North Gateway including the subject site. Upon annexation, the developer will be able to request an upgraded electrical service for the
proposed residential care facility. Existing electrical system infrastructure within the adjacent public rights-of-way will be maintained by the affected utility providers.
Police Services – Springfield Police Department currently provides service to areas of North Gateway that are already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department and Lane County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on
an equal basis with other properties inside the City.
Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/
Springfield Fire Department under contract with Willakenzie Rural Fire Protection District. Upon annexation,
Attachment 1, Page 4 of 7
the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject
territory.
Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield
Fire Department, 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.
Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and
Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of
parks, including community parks, sports parks, special use parks, and natural area parks.
Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park
and Recreation District consistent with City policy and the adopted Willamalane Comprehensive Plan.
Library Services – Upon annexation to the City of Springfield, the subject area will be within the service area of
the Springfield Public Library.
Schools – The Eugene 4J School District serves portions of the North Gateway area of Springfield. However,
based on characteristics of the applicant’s development proposal it is not expected that the annexation territory
will generate any school-age population.
Sanitary Sewer – The annexation area is not currently served by sanitary sewer, but sewer laterals have been installed along the property frontages on Game Farm Road and Deadmond Ferry Road. The site can be served by connection of one or more laterals to the existing sanitary sewer lines in the adjacent public streets.
Stormwater – The subject annexation territory is not currently served by a piped stormwater management
system. Improvements to the public stormwater system will be required as development plans are advanced for
the subject site. Staff advises that future downstream stormwater system upgrades for this area of north Springfield will require participation by the benefiting property owner/developer. Provisions for future
participation in stormwater facility improvements have been detailed in an Annexation Agreement for the
property. The site can be served by a combination of on-site treatment and regulated discharge to the adjacent public street system. There are no immediate planned changes to the public stormwater management system
associated with this annexation request.
Streets – The subject annexation area has frontage on Game Farm Road and Deadmond Ferry Road, which are
classified as major collector streets and are fully developed to urban standards. There are no immediate planned
or required street improvements associated with this annexation request. Street frontage improvements, if required, will be reviewed and approved through the Site Plan Review process.
Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service can be provided by Sanipac.
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 this area.
Land Use Controls – The annexation area is within Springfield’s urban growth boundary. Through an
intergovernmental agreement between Lane County and the City of Springfield, the City already has planning
Attachment 1, Page 5 of 7
and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use
controls after annexation.
Finding: The minimum level of key urban facilities and services, as outlined in 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 developer requesting annexation is well aware of the need for future connection and extension of urban utilities to serve the site and land beyond the annexation area, and the responsibility of the developer to
fund such improvements. Staff has outlined the responsibilities and expectations of the developer in an Annexation Agreement to be executed by the developer and City. The City Council is asked to authorize City
Manager execution of the attached Annexation Agreement prior to final annexation approval. Future on site
improvements will be reviewed through the Site Plan Review process.
Conclusion: The proposal meets this criterion.
DIRECTOR’S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7-140, and Council is within its authority to approve annexation of the subject territory to
the City of Springfield and Willamalane Park and Recreation District; and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District and the Rainbow Water District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance.
Finding: On May 5, 2014, the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. Based on the staff analysis and recommendation, and on the
testimony provided at the Public Hearing, the City Council can take action now to approve, modify or deny the Annexation Ordinance.
Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential and Medium Density Residential in accordance with the Gateway Refinement Plan diagram. Properties that are
outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the
effective date of the annexation, the UF-10 overlay will be automatically removed and the site will retain the Low Density Residential (LDR) and Medium Density Residential (MDR) zoning.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City Council on May 5, 2014 and granted a second reading on May 19, 2014, the Ordinance will become effective 30
days after adoption by the City Council and execution by the Mayor (anticipated on or around June 18, 2014), or
upon acknowledgement of filing with the Secretary of State – whichever date is later.
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 area is within the delineated service territory of SUB (electric), Rainbow Water
District (water) and the Willakenzie Rural Fire Protection District (fire response). The Cities of
Eugene/Springfield will provide fire and emergency services after annexation, and the City of Springfield by
Attachment 1, Page 6 of 7
and through the Springfield Utility Board will provide water service after annexation. Consistent with SDC 5.7-
160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie Rural Fire Protection District and the Rainbow Water District was in the best interest of the City.
The withdrawal decision was codified in Ordinance No.______.
Attachment 1, Page 7 of 7
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ANNEXATION AGREEMENT – Page 1 of 6
Revision Date 4/14/2014
ANNEXATION AGREEMENT
This Annexation Agreement (“Agreement”) is made between the City of Springfield, an
Oregon municipal corporation (“City”) and One Life Management (“APPLICANT”).
RECITALS
A. APPLICANT owns the parcel(s) of land legally described in Exhibit A, the Property, and
shown on the map attached as Exhibit B. The property is proximate to the jurisdictional
limits of the City and is subject to annexation by the City of Springfield in accordance with
provisions of Springfield Development Code Section 5.7-100.
B. APPLICANT has submitted to the City an Annexation Application Journal No. ANX14-
00002, dated March 31, 2014, for Assessor’s Map 17-03-15-40-2500 & 17-03-22-00-400-
600
C. APPLICANT wishes to annex the Property to the City in order to facilitate redevelopment
of the properties with an assisted living facility. The Springfield Common Council has
adopted Annexation Ordinance _______ effecting the annexation action.
D. The Property is currently zoned and designated Low Density Residential (LDR) and
Medium Density Residential (MDR) as depicted on the Gateway Refinement Plan and has
an Urbanizable Fringe Overlay District (UF-10) applied.
E. Annexation of the Property requires a showing under SDC 5.7-140.C that the Property can
be provided with the minimum level of key urban facilities and services as defined in the
Metro Plan Policy 8a and 8b, p.II-C-4, and such showing is supported by the substantial
evidence in the record of the proceeding on this annexation. City staff has determined the
minimum level of key urban services is currently available to the property. The purpose of
this Agreement is to memorialize APPLICANT’s and City’s commitment and agreement to
the allocation of financial responsibility for public facilities and services for the Property
and other users of the facilities, sufficient to meet the City’s requirements for the provision
of key urban services, necessary for an annexation to the City of Springfield.
After Recording, Return to: Place Bar Code Sticker Here:
City of Springfield
Development and Public Works
225 Fifth Street
Springfield, OR 97477
Attachment 4, Page 1 of 6
ANNEXATION AGREEMENT – Page 2 of 6
Revision Date 4/14/2014
F. A public sanitary sewer system with sufficient capacity to serve the Property and other
existing and proposed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property.
An existing public sanitary sewer system is available with lateral stubs to the
property frontages along both Game Farm Road and Deadmond Ferry Road.
The developer will be limited to using the existing stubs to the property as both city
streets fronting the property are comprised of concrete paving in good repair.
The applicant agrees to decommission the septic systems on the properties being
annexed and connect the dwelling(s) to the sanitary sewer should any particular
dwelling remain unoccupied for 90 days or longer and prior to the dwelling
becoming reoccupied.
The applicant agrees to pay sewer-in-lieu-of-assessment charges as part of any
building permit for existing or new buildings onsite or before granting of
development approval for new development on site. The sewer-in-lieu of charges
will be determined by the rate structure in place at time of application for those
permits or approvals.
G. A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a finding that this key urban service is available to serve the Property.
An existing stormwater system is installed with stubs to the property frontages along
both Game Farm Road and Deadmond Ferry Road.
The APPLICANT will (insert description of planned storm system) be allowed to
connect to either or both of these existing public stormwater management systems,
but will be required to provide pre-treatment for 100% of newly paved surfaces,
using such methods as double chambered catch basins with oil filtration media or a
water quality manhole. Additionally, a minimum of 50% of the non-building rooftop
runoff impervious surfaces on the property shall be treated vegetatively.
The applicant will design a stormwater management system that will utilize onsite
treatment and disposal methods to the greatest extent possible within site constraints
of soil permeability and site design.
The property currently receives flow along the eastern property boundary from a
portion of the Peacehealth campus. This flow is to be allowed to continue to drain
through the property to the public stormwater system at historic rates and location.
The developer will be limited to using the existing stubs to the property as both city
streets fronting the property are comprised of concrete paving in good repair.
As the surrounding area develops, an additional stormwater trunk line will be
required to be constructed north of the site to Maple Island Slough. The property
will be required to pay an assessment for its proportional use of this line at the time
of construction.
H. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
Attachment 4, Page 2 of 6
ANNEXATION AGREEMENT – Page 3 of 6
Revision Date 4/14/2014
The property has frontages on two existing city streets, Game Farm Road and
Deadmond Ferry Road, in good repair with full urban improvements of curb, gutter,
sidewalk and street trees.
The applicant will not have any access to Game Farm Road to the south of the
existing driveway closest to the intersection with Martin Luther King Parkway
(approximately 110 feet from the curb return).
No street cuts into the concrete road portion of either Game Farm Road or
Deadmond Ferry Road will be allowed.
One Access onto Game Farm Road and One Access to Deadmond Ferry will be
allowed. Driveway Access will need to meet the City’s standards for separation
from intersections.
I. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City in order for annexation to occur, and in
exchange for the obligations of the City set forth below, APPLICANT shall comply with all
requirements imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Obligations of APPLICANT. Consistent with the above recitals and subject to the issuance
of Site Plan Tentative Approval, APPLICANT agrees to perform the obligations set forth in this
section.
1.1 Apply for, and obtain, Tentative Site Plan Approval within 12 months, unless
extended by the City, of the effective date of the APPLICANT’s annexation request.
This Paragraph is subject to the requirements of Paragraph 8, below.
1.1.1 APPLICANT further agrees to hold the City harmless for any and all claims that
may arise from any delay of the development of the Property as a result of the City’s
performance, or lack thereof.
2. Obligations of City. Consistent with the above Recitals, City agrees to:
2.1 Support annexation of the Property to the City and support APPLICANT’s defense
of any appeal of a decision of the City Council, annexing the Property to the City.
However, the City will not assume any financial responsibility to provide legal
counsel on appeal.
2.2 Conduct the timely review and decision making of the Site plan in accordance with
City procedures for the development of the Property.
3. Covenants Running With the Land. It is the intention of the parties that the covenants herein
are necessary for the annexation and development of the Property and as such shall run with
the Property and shall be binding upon the heirs, executors, assigns, administrators, and
Attachment 4, Page 3 of 6
ANNEXATION AGREEMENT – Page 4 of 6
Revision Date 4/14/2014
successors of the parties hereto, and shall be construed to be a benefit and burden upon the
Property. This Agreement shall be recorded, at APPLICANT’s expense, upon its execution
in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT
and shall benefit any assigns or successors in interest to APPLICANT. Execution of this
Agreement is a precondition to the annexation of the Property described in Exhibit A to the
City. Accordingly, the City retains all rights for enforcement of this Agreement.
4. Limitations on the Development. No portion of the Property shall be developed prior to the
approval of a Site Plan.
5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers,
petitions, consents and all other documents necessary to obtain the public facilities and
services described herein as benefiting the Property, under any Improvement Act or
proceeding of the State of Oregon, Lane County or the City and to waive all rights to
remonstrate against these improvements. APPLICANT does not waive the right to protest
the amount or manner of spreading the assessment thereof, if the assessment appears to
APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives
any right to file a written remonstrance against these improvements. APPLICANT does not
waive its right to comment upon any proposed Local Improvement District (LID) or any
related matters orally or in writing.
7. Modification of Agreement. This Agreement may only be modified in writing signed by
both parties. Any modifications to this Agreement shall require the approval of the
Springfield Common Council. This Agreement shall not be modified such that the key
urban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.II-C-4 and as
required herein are not provided in a timely manner to the Property.
8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to
the use and development of this Property. Nothing herein shall be construed as City
providing or agreeing to provide approval of any building, land use, or other development
application or Land and Drainage Alteration Program (LDAP) permit application submitted
by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT’s expense, all
State and/or Federal permits and any other approvals as may be required.
9. Dolan. APPLICANT knows and understands its rights under Dolan v. City of Tigard (512
U.S.___114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT, for payments, financial responsibility and reimbursements set forth in Section
1, required herein, are roughly proportional to the burden and demands placed upon the
urban facilities and services by the development and to the impacts of the development of
the Property. APPLICANT further waives any cause of action it may have pursuant to
Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the
actions described herein.
Attachment 4, Page 4 of 6
ANNEXATION AGREEMENT – Page 5 of 6
Revision Date 4/14/2014
10. Ballot Measure 37. APPLICANT knows and understands any rights it may have under
Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed
November 2, 2004. APPLICANT for itself and its heirs, executors, assigns, administrators
and successors hereby waives any claim or cause of action it may have under such ORS
provisions against the City.
11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid,
such enforceability or invalidity shall not affect the enforceability or validity of any other
provision of this Agreement. The validity, meaning, enforceability, and effect of the
Agreement and the rights and liabilities of the parties hereto shall be determined in
accordance with the laws of the State of Oregon.
DATED this _____ day of __________, 2014.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT
(TITLE)(OWNER)
(SEAL)
(TITLE)(OWNER)
STATE OF OREGON
COUNTY OF LANE
BE IT REMEMBERED that on this day of , 2014 before me,
the undersigned, a notary public in and for said County and State, personally appeared the
within named
whose identity was proved to me on the basis of satisfactory evidence and who executed the within
instrument and acknowledged to me that executed the same
freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
Notary Public for Oregon
My Commission Expires
} ss
Attachment 4, Page 5 of 6
ANNEXATION AGREEMENT – Page 6 of 6
Revision Date 4/14/2014
CITY OF SPRINGFIELD
By: ______________________________
Gino Grimaldi, City Manager
STATE OF OREGON
COUNTY OF LANE
BE IT REMEMBERED that on this day of , 2014 before me,
the undersigned, a notary public in and for said County and State, personally appeared the within
named Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence and
who by me duly sworn, did say that he is the City Manager of the within named municipal
corporation and does acknowledge said instrument to be the free act and deed of said municipal
corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal
corporation, and that said instrument was signed and sealed in behalf of said municipal corporation
by authority of its Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
NOTARY PUBLIC FOR OREGON
MY COMMISSION EXPIRES
} ss
Attachment 4, Page 6 of 6