HomeMy WebLinkAboutItem 06 Annexation of Territory to the City of Springfield - Annex 3.7 Acres of Property Located South of Jasper Road and east of South 41st Place, Springfield AGENDA ITEM SUMMARY Meeting Date: 9/8/2015
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 3.7 ACRES OF PROPERTY LOCATED SOUTH OF JASPER ROAD AND EAST OF SOUTH 41ST
PLACE, 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 Bruce Wiechert, doing business as Bruce Wiechert Custom Homes Inc., for a vacant parcel adjacent to the
existing “Filbert Meadows” residential subdivision area in south Springfield. The subject property is located south of Jasper Road and immediately east of South 41st Place and Stellar Way. The approximately 3.7-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 second subdivision phase for the Filbert Meadows 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 along the west boundary and is
currently vacant. The territory requested for annexation is part of a single tax lot with a current assessed value of $71,496. Staff advises that extension of existing public streets and utilities are
anticipated for this area of south Springfield, so an annexation agreement has been prepared to
accompany this request. Upon annexation, the territory 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 at a future meeting.
TYPE IV – ANNEXATION
STAFF REPORT AND RECOMMENDATION
______________________________________________________________________________
File Name: Filbert Meadows Phase 2 Annexation
Applicant: Bruce Wiechert Custom Homes
Case Number: ANX15-00001
Proposal Location: South of Jasper Road
and east of South 41st Place and Stellar Way
(Assessor’s Map 18-02-05-23, TL 300)
Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay
(UF-10)
Plan Designation: LDR
Applicable Comprehensive Plan: Metro Plan
Application Submittal Date:
July 17, 2015
Associated Applications: PRE15-00022 (Development Issues Meeting for Annexation);
PRE15-00031 (Pre-Submittal Meeting for Annexation); PRE15-00039 (Pre-Submittal Meeting for
Tentative Subdivision Plan)
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 Bruce Wiechert
Bruce Wiechert Custom Homes Inc.
541-686-9458 3073 Skyview Lane
Eugene OR 97405
Applicant’s Representative Tony Favreau, PE The Favreau Group Engineering 541-683-7048 3750 Norwich Avenue Eugene OR 97408
Stellar Way
Jasper Road
S 41st Place
City Limits
S 42nd Street
SITE
UGB
Richland St
S 41st Street
S 40th
Place
Jasper Slough
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 May 21, 2015. 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 a wedge-shaped parcel that is immediately east of
South 41st Place and Stellar Way, and south of Jasper Road. The subject site is inside the Springfield Urban
Growth Boundary (UGB) and is contiguous to the Springfield city limits along the western edge. The requested annexation territory is vacant and comprises approximately 3.7 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 existing “Filbert Meadows” 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
south 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 August 18, 2015, 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 September 8, 2015 public hearing was published in The Register-Guard on August 24 and 31, 2015.
Attachment 1 Page 2 of 6
Posted Notice. Notice of the September 8, 2015 public hearing was posted in five public places in the
City: at two locations along the western boundary of the annexation territory (at the terminus of Stellar Way just east of South 41st Place, and at the terminus of Richland Street just east of South 41st Place); 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 July 30, 2015.
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 western 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 southeast boundary of the subject parcel is coterminous with the delineated UGB. Therefore, the territory requested for annexation is entirely within the City’s acknowledged UGB.
Finding: The territory requested for annexation is 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.
Attachment 1 Page 3 of 6
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 south 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: 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 south
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 south Springfield, 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 south Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the 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
Attachment 1 Page 4 of 6
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 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 Springfield High School.
Sanitary Sewer – The annexation territory is not currently served by sanitary sewer, but extension of public
sewer lines from the adjacent Filbert Meadows subdivision will be installed in conjunction with the Public Improvement Project (PIP) plans for the proposed development area. 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 an existing vegetated stormwater management facility in the adjacent Filbert Meadows subdivision, which has an outfall that discharges to the
Jasper Slough.
Streets – The subject annexation area is at the terminus of two public streets that stub out at the property
boundary (Stellar Way and Richland Street). The public streets providing frontage for the subject annexation territory are classified as local streets. The applicant will be required to extend Stellar Way to the east boundary
of the subject annexation territory, and to extend Richland Street to an intersection with Stellar Way. Street
frontage improvements 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.
Attachment 1 Page 5 of 6
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 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 September 8, 2015, 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 September 8, 2015 and granted a second reading on September 21, 2015, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around
October 21, 2015), 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.______.
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Citywide Overview Springfield, OR
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Neighborhood Overview Springfield, OR
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Within Springfield City Limits
Outside Springfield City Limits
Proposed Annexation
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Proposed Annexation
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ANNEXATION AGREEMENT – Page 1 of 9
I:\Annexation\ANX15-00001 - filbert meadows ph2\ANX15-00001 Filbert Meadows Phase 2 Annexation Agreement - draft.docx
ANNEXATION AGREEMENT
This Annexation Agreement (“Agreement”) is made between the City of Springfield, an
Oregon municipal corporation (“City”) and Bruce Wiechert Custom Homes (“APPLICANT”).
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 following minor
boundary change processes.
B. APPLICANT has submitted to the City a request for an Annexation Agreement, dated
August 4, 2015, for Assessor’s Map No. 18-02-05-23, Tax Lot 00300.
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation.
D. The Property is currently designated as Low Density Residential (LDR) on the adopted
Metro Plan and is zoned LDR with Urbanizable Fringe Overlay (UF-10) according to the
Springfield Zoning Map.
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 at two points in
the Filbert Meadows Subdivision, specifically the stub ends of Richland Street and Stellar
Way.
F. 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, including long term public sanitary sewer,
stormwater management systems, interconnected transportation systems, and Fire and Life
Safety services necessary for an affirmative City recommendation for the annexation
request.
After Recording, Return to: Place Bar Code Sticker Here:
City of Springfield
Development & Public Works Department
Attn: Engineering Division
225 Fifth Street
Springfield, OR 97477
Attachment 4 Page 1 of 9
ANNEXATION AGREEMENT – Page 2 of 9
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G. 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 located at the end of Stellar Way and
Richland Street and either connection point has sufficient capacity to serve the
Property.
H. 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 public storm sewer was constructed with the adjacent Filbert Meadows
Subdivision. This system was sized to accommodate a single family home
subdivision on the property, for both treatment and conveyance.
The water quality swale constructed for the Filbert Meadows Subdivision has been in
service for approximately seven (7) years. During this time some deficiencies in the
original design have developed. To fully accommodate the proposed development
the APPLICANT is required to remedy the deficiencies.
I. 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 applicant agrees to fully construct a roadway system using the existing street
stubs of Stellar Way and Richland Street through the property and provide at least
one street connection to the east in an alignment as shown on Exhibit B.
J. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City’s conditions for an
affirmative recommendation for annexation to the Common Council, 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
Subdivision Plat and Public Improvement Plan approvals, APPLICANT agrees to perform the
obligations set forth in this section.
1.1 Apply for, and obtain, Subdivision Tentative Plan approval from the City, pursuant to
Springfield Development Code Section 5.12-100 for a residential subdivision on the
Property within twelve (12) months, unless extended by the City, of the effective date of
the City’s approval of APPLICANT’s annexation request. This Paragraph is subject to the
requirements of Paragraph 8, below.
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ANNEXATION AGREEMENT – Page 3 of 9
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1.2 Apply for, and obtain, Subdivision Plat approval from the City, pursuant to Springfield
Development Code Section 5.12-100 for a residential subdivision on the Property within
two (2) years, unless extended by the City, of the date of the Limited Land Use Decision
issued by the City for any Subdivision Tentative Plan approval issued pursuant to
Paragraph 1.1, above. This Paragraph is subject to the requirements of Paragraph 8,
below.
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-built
Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any
new structure on the Property, develop on-site public sanitary sewer conveyance systems
to provide sanitary sewer service to the development as follows:
1.3.1 APPLICANT will be required to design and construct a public gravity sanitary sewer
main extension within the property in an orderly and efficient manner, such that
development of the Property is served as well as tributary sanitary sewer service
areas within the Springfield Urban Growth Boundary (UGB). The boundary
tributary service areas will be to the east of the proposed stub of Stellar Way as
shown in Exhibit B.
1.3.2 APPLICANT shall bear the full cost and obligation to design and construct the
proposed sanitary sewer system that connects to the existing public system, including
but not limited to associated easements, engineering costs, permit applications and
fees, legal costs, construction and inspection costs, and the preparation of As-built
Plans, in accordance with the requirements of Chapter 12 of the City’s Engineering
Design Standards and Procedures Manual (EDSPM) using the Public Improvement
Plan (PIP) process.
1.3.3 Prior to or concurrent with Subdivision Plat or Public Improvement Plan approval by
the City, whichever comes first, for any portion of the Property, APPLICANT will
provide financial security acceptable to the City for all costs associated with the
above described sanitary sewer system construction. APPLICANT is directed to
Paragraph 12 of this Agreement concerning current requirements in relation to
regulations of the Bureau of Labor and Industries (BOLI) and the payment of
prevailing rate of wage. The cost of all construction to be completed which the City
interprets as being occupied or used by a public agency shall be estimated based
upon the prevailing rate of wage, and financial security shall be adequate to provide
for the payment of said prevailing rate of wage.
1.4 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-built
Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any
new structure on the Property, develop on-site and off-site public stormwater management
systems to provide drainage service to the development as follows:
1.4.1 APPLICANT shall construct public stormwater management systems to collect,
treat, convey, detain as deemed necessary, and discharge stormwater from the
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ANNEXATION AGREEMENT – Page 4 of 9
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Property and the upstream tributary areas into the public stormwater lines, as shown
in Exhibit B.
1.4.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other approvals
necessary to construct the stormwater management systems described in Paragraph
1.4.1, above. Specifically, the APPLICANT will be required to prepare a stormwater
engineering study to include, but not be limited to, the identification of the limits and
nature of the off-site upstream drainage basin, or submit an existing study that
identifies this area.
1.4.3 Grant to the City the easements necessary to access, operate, and maintain a
stormwater management system on the Property. Easements for piped portions of
the system will be a minimum of fourteen feet (14’) wide and may be wider
depending upon the size and depth of the pipes within the easement. Easement
widths for open channel portions of the system shall be determined based upon the
design width of the channel plus ten feet (10’) on one side and twenty-five feet (25’)
on the other side to accommodate access and maintenance by City personnel and
equipment. Actual easement widths and locations will be determined during the
Subdivision Tentative Plan review.
1.4.4 Applicant shall bear the full cost and obligation to design and construct the proposed
stormwater management systems that connect to the existing public systems,
including, but not limited to, associated easements, engineering costs, permit
applications and fees, legal costs, construction and inspection costs, and the
preparation of As-built Plans, in accordance with the requirements of Chapter 12 of
the EDSPM using the PIP process.
1.4.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement Plan
approval by the City, whichever comes first, for any portion of the Property,
APPLICANT will provide financial security acceptable to the City for all costs
associated with the above stormwater management system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning current
requirements in relation to regulations of the Bureau of Labor and Industries (BOLI)
and the payment of prevailing rate of wage. The cost of all construction to be
completed which the City interprets as being occupied or used by a public agency
shall be estimated based upon the prevailing rate of wage, and financial security shall
be adequate to provide for the payment of said prevailing rate of wage.
1.5 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-built
Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any
new structure on the Property, develop on-site and off-site public street systems to provide
interconnected transportation service to the development as follows:
1.5.1 APPLICANT shall bear the full cost and obligation to develop and construct fully-
improved on-site and off-site public street systems to provide for the logical and
orderly extension of the following public streets:
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ANNEXATION AGREEMENT – Page 5 of 9
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1.5.1.1 From the existing stubs of Stellar Way and Richland Street
1.5.1.2 Provide full street improvements for Stellar Way to the eastern property
boundary as shown on Exhibit B
1.5.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other approvals
necessary to construct the transportation systems described in Paragraph 1.5.1,
above.
1.5.3 APPLICANT shall bear the full cost and obligation to design and construct the
proposed transportation systems, including but not limited to associated right-of-
way, easements, engineering costs, permit applications and fees, legal costs,
construction and inspection costs, and the preparation of As-built Plans.
1.5.4 Prior to or concurrent with Subdivision Plat approval or Public Improvement Plan
approval by the City, whichever comes first, for any portion of the Property,
APPLICANT will provide financial security acceptable to the City for all costs
associated with the above transportation system construction. APPLICANT is
directed to Paragraph 12 of this Agreement concerning current requirements in
relation to regulations of the Bureau of Labor and Industries (BOLI) and the payment
of prevailing rate of wage. The cost of all construction to be completed which the
City interprets as being occupied or used by a public agency shall be estimated based
upon the prevailing rate of wage, and financial security shall be adequate to provide
for the payment of said prevailing rate of wage, in accordance with the requirements
of Chapter 12 of the EDSPM using the PIP process.
1.6 Provide and be financially responsible for the provision of any additional urban
facilities and services identified during the review and approval of the Subdivision
Tentative Plan and/or the Public Improvement Plans as necessary to serve the development
of the Property, including the construction and maintenance thereof.
1.7 In determining APPLICANT’s share of costs for the improvements described in this
Agreement, the full cost for the provision of the improvements at the time of construction
shall be used. For the purposes of this Agreement, the full cost shall include design,
construction, acquisition of land and/or easements, studies, permits from all agencies
having jurisdiction, attorney’s fees, and all other costs reasonably associated with the
implementation of the needed improvements.
2. Obligations of City. Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the Property to the City before the Common Council
and support APPLICANT’s defense of any appeal of a decision 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 Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
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ANNEXATION AGREEMENT – Page 6 of 9
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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 to 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 support of the City for 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 Subdivision Tentative Plan and Public Improvement Plans for the sanitary sewer
system, stormwater management system, and transportation system for the proposed
development.
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 minimum level of 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
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ANNEXATION AGREEMENT – Page 7 of 9
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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.
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.
12. BOLI/Prevailing Wage Rate. The APPLICANT will require, as a condition of any contract for
construction of the public improvements described in Sections 1.3, 1.4, and 1.5, that the
specifications for such contract shall contain a provision:
A. complying with the provisions of ORS 279C.830, with respect to the payment of the
prevailing rate of wage;
B. requiring that each and every contractor or subcontractor shall file such bonds as
may be required under ORS 279C.836;
C. requiring that any contractor or subcontractor shall comply with each and every
provision of ORS279C.800 – 870, with respect to such PROJECT.
Any and all cost estimates shall be prepared on the basis of prevailing rates of wage.
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ANNEXATION AGREEMENT – Page 8 of 9
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DATED this _____ day of ______________, 2015.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT
OWNER
OWNER
OWNER
_____________________________________
OWNER
_____________________________________
OWNER
STATE OF OREGON
COUNTY OF LANE
BE IT REMEMBERED that on this day of , 2015 before me,
the undersigned, a notary public in and for said County and State, personally appeared the
within named insert named here whose identity was proved to me on the basis of satisfactory
evidence and who executed the within instrument and acknowledged to me that insert name here
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 8 of 9
ANNEXATION AGREEMENT – Page 9 of 9
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CITY OF SPRINGFIELD
By: ______________________________
Gino Grimaldi, City Manager
STATE OF OREGON
COUNTY OF LANE
BE IT REMEMBERED that on this ______ day of __________________, 2015 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 9 of 9