HomeMy WebLinkAboutItem 06 Annexation of Territory to the City of Springfield - Annex 7.46 Acres of Property Located North of Mt. Vernon Road at Mt. Vernon Cemetery Road, Springfield AGENDA ITEM SUMMARY Meeting Date: 10/6/2014
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541-726-3784
Estimated Time: 15 Minutes 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 7.46 ACRES OF PROPERTY LOCATED NORTH OF MT VERNON ROAD AT MT VERNON
CEMETERY ROAD, SPRINGFIELD.
ACTION
REQUESTED:
Conduct a public hearing and first reading on 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 (FIRST READING).
ISSUE STATEMENT: A request for annexation to the City of Springfield has been received from Hayden Homes for a portion of the “Pinehurst” residential subdivision area in southeast Springfield. The subject
property is located on the north side of Mt Vernon Road at the intersection with Mt Vernon Cemetery Road in the Jasper-Natron neighborhood. The 7.46-acre territory 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 a future residential subdivision phase of the Pinehurst development area.
ATTACHMENTS: Attachment 1: Staff Report and Recommendations
Attachment 2: Area, Vicinity and Site Maps
Attachment 3: Ordinance with Exhibits Exhibit A: Map 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. 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 vacant. The
territory requested for annexation is part of a single tax lot with an assessed value of $1,605. Staff advises that future utility system upgrades and extensions, and connection to the recently-
completed Jasper Trunk Sewer line are anticipated for this area of southeast Springfield so an
annexation agreement has been prepared to accompany this request. Upon annexation, the proposed development site would be subject to the Tentative Subdivision Plan process.
The territory requested for annexation is zoned Low 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. The attached staff report also confirms the annexation request
meets the criteria established in Section 5.7-140 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. Staff recommends the City Council schedule the ordinance for second reading and adoption.
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
______________________________________________________________________________
File Name: Pinehurst Annexation
Applicant: Jesse Lovrien, Hayden Homes
Case Number: ANX14-00003
Proposal Location: Mt Vernon Road at
Mt Vernon Cemetery Road (Portion of
Assessor’s Map 18-02-04-00, TL 313)
Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay
(UF-10)
Plan Designation: LDR
Applicable Comprehensive Plan: Metro Plan
Application Submittal Date:
Aug. 15, 2014
Associated Applications: PRE13-00032 (Development Issues Meeting for Annexation);
PRE14-00029 (Pre-Submittal Meeting for Annexation); TYP214-00004 (Tentative Subdivision Plan
for Pinehurst Phase I)
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 Jesse Lovrien
Hayden Homes
503-588-0985 2464 SW Glacier Pl, Suite 110
Redmond OR 97756
Applicant’s Representative Thatch Moyle Cardno 503-419-2500 5415 SW Westgate Drive Portland OR 97221
City Limits
Jasper Road
Mt Vernon Road
Weyerhaeuser Road
S 55th Place
Mt Vernon Cemetery Road
City Limits
S 57h Street
SITE
UGB
Attachment 1, Page 1 of 6
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 November 13, 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 owner who owns all of the land and real property, and full assessed value of real
property in the contiguous territory, has filed an application and petition requesting annexation to the City of
Springfield (Attachment 3).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The territory requested for annexation is an irregular-shaped remainder portion of a parcel
that is inside city limits and located on the north side of Mt Vernon Road at the intersection with Mt Vernon
Cemetery Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northeast edge. The requested annexation territory is vacant and comprises
approximately 7.46 acres. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-10) applied. According to the applicant’s submittal, the subject annexation territory is intended to be developed with a future subdivision phase of the “Pinehurst” residential development area.
Development of the property with single family housing would be subject to the Tentative Subdivision Plan 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 (Springfield School District), roads (City of Springfield and Lane
County), and Fire (Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District).
Springfield Utility Board (SUB) operates the water utility infrastructure that serves unincorporated areas in southeast Springfield, including the subject site. SUB also 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 September 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 proposed annexation 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 October 6, 2014 public hearing was published in The Register-Guard on September 22 and 29, 2014.
Attachment 1, Page 2 of 6
Posted Notice. Notice of the October 6, 2014 public hearing was posted in four public places in the
City: at one location along the property frontage on Mt Vernon 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 August 22, 2014.
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 northeast 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 zoned and designated Low Density Residential (LDR) in
accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. There are no proposed
changes to the current zoning or plan designation.
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
Attachment 1, Page 3 of 6
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: 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 incorporated areas of southeast Springfield. Upon annexation, the subject site would be served by the City by and through the Springfield
Utility Board. The territory proposed for annexation is vacant, but the applicant is requesting annexation to
facilitate development of the site with single family dwellings.
Electricity – SUB Electric provides service to developed properties in this area of southeast Springfield that are north of the Mt Vernon Road alignment, including the subject site. Upon annexation, the developer will be able to request electrical service for residential development of the property. 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 southeast Springfield that
are already inside the City limits. Because the City limits line splits the subject property, the annexation 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, 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
Attachment 1, Page 4 of 6
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 Springfield School District serves the southeast area of Springfield. Based on characteristics of the applicant’s development proposal it is expected that the annexation territory will generate additional school-age population in the future. According to the Springfield Public School boundaries map, the schools that
would accommodate students within the subject annexation territory are Mt Vernon Elementary School, Agnes Stewart Middle School, and Thurston High School.
Sanitary Sewer – The annexation area is not currently served by sanitary sewer, but extension of public and private sewer lines from the Jasper Trunk Sewer line will be installed in conjunction with the Public
Improvement Project (PIP) plans for the “Pinehurst” subdivision. Provisions for future participation in sanitary
sewer facility improvements have been detailed in an Annexation Agreement for the property. The annexation territory can be served by extension of one or more sanitary sewer lines within the existing and proposed
adjacent public street network.
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. Provisions for future participation in stormwater facility improvements have been detailed in an Annexation Agreement for the property. The site is planned to be served by a combination of on-site treatment
with a constructed detention pond and regulated discharge to the adjacent roadside ditch system along Mt Vernon Road.
Streets – The subject annexation area has frontage on Mt Vernon Road, which is classified as major collector street, but is not yet fully developed to urban standards. The applicant may be required to install street frontage
improvements along Mt Vernon Road as development proceeds in the subject annexation territory. Street
frontage improvements, if required, will be reviewed and approved through the Tentative Subdivision Plan and Public Improvement Project 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 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 adopted Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed.
Conclusion: The proposal meets this criterion.
Attachment 1, Page 5 of 6
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 and approved through the Tentative Subdivision Plan and Public Improvement
Project 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. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance.
Finding: On October 6, 2014, the City Council will hold a Public Hearing for the subject annexation request and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendation, and on
testimony provided at the Public Hearing, the City Council may take action 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 in accordance with the Springfield Zoning Map and the adopted Metro 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) zoning.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City Council on October 6, 2014 and granted a second reading on October 20, 2014, the Ordinance will become
effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around
November 19, 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 and 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 and through the Springfield Utility Board will continue to provide water and electric 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 was in the best interest of the City. The withdrawal decision was codified in Ordinance No.______.
Attachment 1, Page 6 of 6
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SEE MAP18020900
SEE MAP18020500
SEE MAP18020442
SEE MAP18020411
SEE MAP18020414
SEE MAP18020332
SEE MAP18020511
SEE MAP17023300
SEE MAP18020333
SEE MAP18020323
SEE MAP18020800
SEE MAP17023344
SEE MAP18020421
SEE MAP17023333
SEE MAP18020322
SEE MAP17023433SEE MAP17023244
SEE MAP17023334
SEE MAP18020300
SEE MAP18020422
SEE MAP17023200
FOR ASSESSMENT ANDTAXATION ONLY SECTION 4 T.18S. R.2W. W.M.Lane County1" = 400'
CANCELLED15001001011023013023033043053063073094005005016007008009009011000110012001300140015001501150215031504150515061507150816001700190020002001210022002300270029002901290229032904290529062907290829092910291129122913291429152916291729183300
18020400SPRINGFIELD
SPRINGFIELD18020400
lcatjxg - 2013-04-15 10:05
REVISIONS08/21/2008 - LCAT167 - CONVERT MAP TO GIS09/17/2010 - LCAT167 - ADDED "CO RD 2273" TO JASPER RD04/12/2013 - LCAT155 - CODE CHANGE TLs 3000, 3002, & 3201
Exhibit A1, Page 1 of 1
Attachment 3, Page 3 of 18
Exhibit A,2 Page 1 of 1
Attachment 3, Page 4 of 18
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ANNEXATION AGREEMENT – Page 1 of 7
Revision Date 9/2/2014
ANNEXATION AGREEMENT
This Annexation Agreement (“Agreement”) is made between the City of Springfield, an
Oregon municipal corporation (“City”) and Hayden Homes (“APPLICANT”).
After Recording, Return to: Place Bar Code Sticker Here:
City of Springfield
Development and Public Works
225 Fifth Street
Springfield, OR 97477
RECITALS
A. APPLICANT owns the parcel 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-
00003, dated August 15, 2014, for Assessor’s Map 18-02-04-00313.
C. APPLICANT wishes to annex the Property to the City in order to develop and subdivide the
property for single family homes. The Springfield Common Council has adopted
Annexation Ordinance _______ effecting the annexation action.
D. The Property is currently zoned and designated Low Density Residential (LDR).
E. Annexation of the Property requires a showing under SDC 5.7-140.C that the Property can
be provided with the minimum level of key urban facilities and services as defined in 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 or can be made available by the
developer 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.
F. A public sanitary sewer system with sufficient capacity to serve the Property in the vicinity
of the Property per the following items:
This area was not annexed at the same time as the northern portion due to the lack of
a gravity sewer connection or pump station with sufficient capacity to serve the
property at that time.
Attachment 4, Page 1 of 7
ANNEXATION AGREEMENT – Page 2 of 7
Revision Date 9/2/2014
The recently constructed Jasper Trunk Sewer is now available with sufficient
capacity to serve the proposed single family home development, to the southwest of
the property, roughly parallel with the nearby railroad.
Public right-of-way (ROW) exists that the applicant can use for accessing this sewer
(ie. Mt Vernon Road). The Mt Vernon Road ROW is under county jurisdiction and
will require coordination with Lane County Public Works for construction.
The applicant is currently designing this connection as part of the Pinehurst Phase 1
Public Improvement Project (PIP) #P31025. If this connection is not completed as
part of P31025 the applicant is still responsible, at their expense, to construct the
required connection to serve the property to be annexed as part of a city approved
PIP project (P31025 Pinehurst Phase I).
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.
The only available stormwater system available to drain the property is roadside
drainage channels parallel with Mt Vernon Road, currently under Lane County
Public Works jurisdiction.
The APPLICANT will obtain the necessary permits from Lane County Public Works
to discharge any runoff into the channels along Mt Vernon Road.
The applicant will design a stormwater management system that will utilize onsite
treatment and metering discharge to levels dictated by Lane County Public Works.
The developer is designing a detention pond as part of Pinehurst Phase I PIP
(P31025) that meets city requirements for both quality and quantity discharge for
both phases of the Pinehurst subdivision. This detention pond will be constructed
per the requirements of both City of Springfield and Lane County Public Works as
part of a city approved PIP by the applicant before any subdivision is allowed on the
subject property.
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.
The property has frontage on Mt Vernon Road, an existing county roadway.
One Access onto Mt Vernon Road will be allowed as part of a future subdivision of
the subject property. This access will have full street improvements per both City of
Springfield and Lane County Public Works requirements.
The applicant will be responsible for constructing a local road from either the end of
Ivy St in the Royal Ridge Subdivision or the end of the construction of the
connecting road built as part of Pinehurst Phase I PIP (P31025).
The applicant will dedicate a sufficient amount of ROW to complete full width and
all improvements along Mt Vernon Road as part of a future PIP to be completed
before subdivision of the subject property. This will consist of, but not necessarily
limited to: Paving, Curb, Gutter, Sidewalk, Street Trees, Storm Drainage and Street
Lighting, and Traffic Control.
Attachment 4, Page 2 of 7
ANNEXATION AGREEMENT – Page 3 of 7
Revision Date 9/2/2014
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 Subdivision Approval and PIP project approval for
Phase II prior to any development of this property.
1.2 The PIP for the Pinehurst Phase II subdivision will include, but not limited too:
Improvements along Mt Vernon Road to urban standards
Stormwater Management Improvements that limit stormwater runoff from the site to
county requirements for discharge into the existing surface drainage along Mt
Vernon Road
A reimbursement payment to the city for the Jasper Trunk Sewer proportional to the
number of residences to be constructed in the Pinehurst Subdivision.
1.2
1.3
1.41.3 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 Subdivision plan and PIP 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
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
Attachment 4, Page 3 of 7
ANNEXATION AGREEMENT – Page 4 of 7
Revision Date 9/2/2014
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 Tentative subdivision, Tree Felling, and Phase II PIP.
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 or Lane County Public
Works 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, PIP or Land and Drainage Alteration Program
(LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for
obtaining, at APPLICANT’s expense, all County, 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 7
ANNEXATION AGREEMENT – Page 5 of 7
Revision Date 9/2/2014
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.
Attachment 4, Page 5 of 7
ANNEXATION AGREEMENT – Page 6 of 7
Revision Date 9/2/2014
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 by me duly sworn, did say that is/are the
of the within named Corporation and does
acknowledge said instrument to be the free act and deed of said Corporation, and that the seal
affixed to said instrument is the Corporate seal of said Corporation, and that said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of Directors
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
CITY OF SPRINGFIELD
} ss
Attachment 4, Page 6 of 7
ANNEXATION AGREEMENT – Page 7 of 7
Revision Date 9/2/2014
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 7 of 7