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Home My WebLink AboutItem 09 Annexation of Territory to the City of Springfield-Annex 1.77 Acres of Property North of Jessica Drive AGENDA ITEM SUMMARY Meeting Date: 10/19/2015 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541-726-3784 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 1.77 ACRES OF PROPERTY LOCATED NORTH OF JESSICA DRIVE AND EAST OF SOUTH 66TH PLACE, 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 (SECOND READING). ISSUE STATEMENT: A request for annexation to the City of Springfield has been received from the Springfield Utility Board for an existing water utility installation in southeast Springfield. The subject property is located just east of the intersection of South 66th Place and Jessica Drive on the eastern edge of the Mountaingate neighborhood. The approximately 1.77-acre territory requested for annexation is inside the City’s Urban Growth Boundary (UGB) and is contiguous with the City limits. The City Council gave first reading to the Annexation Ordinance at the public hearing meeting on October 5, 2015. 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 on all sides and contains an existing water reservoir tank within a fenced enclosure. The territory requested for annexation is a single tax lot with an assessed value of $6,798. Staff advises that extension of existing public streets and utilities will be required to serve the site and unincorporated areas to the southeast of the subject site in the future, and therefore an annexation agreement has been prepared for this request. Upon annexation, the territory would be subject to the City’s development review and permitting process for future water system upgrades and modifications. 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. This category of public utility facility is a listed use in the LDR zone. 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. 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 No written comments or testimony opposing the annexation request have been received and staff recommends the City Council gives second reading to the Annexation Ordinance. TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: SUB South 66th Place Annexation Applicant: Springfield Utility Board Case Number: ANX15-00003 Proposal Location: North of Jessica Drive and east of South 66th Place (Assessor’s Map 18-02-03-00, TL 302) Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10) Plan Designation: LDR Applicable Comprehensive Plan: Metro Plan Application Submittal Date: August 24, 2015 Associated Applications: PRE15-00001 (Development Issues Meeting for Street Vacation and Lot Consolidation); PRE15-00024 (Development Issues Meeting for Annexation); PRE15-00036 (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 Kyle Greene 541-726-5750 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 Steven Wages Springfield Utility Board 541-726-2396 202 South 18th Street Springfield OR 97477 Applicant’s Representative Richard Satre Schirmer Satre Group 541-686-4540 3750 Norwich Avenue Eugene OR 97408 Proposed Annexation Area S 6 8 th St r e e t City Limits City Limits 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 June 4, 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 an irregular-shaped parcel that is located along the northern boundary of Jessica Drive just east of South 66th Place. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits on all sides. The requested annexation territory comprises approximately 1.77 acres and contains an existing water reservoir tank operated by the Springfield Utility Board. 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 remain an operating public utility installation. Bringing the area into the City limits will facilitate the issuance of land use approvals and construction permits for future water system improvements on the site. Extension of public roads and utilities to serve land beyond the subject annexation area will require the participation of SUB, including but not limited to potential dedication of Jessica Drive right-of-way along the south boundary of the site. The responsibilities and expectations of the developer have been outlined in an Annexation Agreement between SUB and the City (Attachment 4). 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 Fire (Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing water utility infrastructure on the site that serves residential neighborhoods in the vicinity. 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 14, 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. Attachment 1, Page 2 of 6 Newspaper Notice. Notice of the October 5, 2015 public hearing was published in The Register- Guard on September 21 and 28, 2015. Posted Notice. Notice of the October 5, 2015 public hearing was posted in five public places in the City: along the property frontage on Jessica Drive; at Springfield City Hall and in the Development and Public Works office; on the electronic display in the foyer of 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 31, 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 on all sides. 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 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. Finding: The territory requested for annexation is within the Willakenzie Rural Fire Protection District. The Attachment 1, Page 3 of 6 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 operates a water utility installation on the property requested for annexation. The existing reservoir tank provides potable water service to nearby incorporated areas of southeast Springfield. Upon annexation the subject property would be served by the City by and through the Springfield Utility Board, although it is not expected that the reservoir site would require its own water service. Electricity – SUB Electric provides service to developed properties in this area of southeast Springfield, including the subject site. 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. 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 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. Attachment 1, Page 4 of 6 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 existing public utility facility on the property, and the applicant’s future development plans for the site, it is not expected that the annexation territory will generate any permanent residents or school-age population in the future. Sanitary Sewer – The annexation territory is not currently served by sanitary sewer and it is not expected that service will be required for the water utility installation. If sanitary sewer service is deemed necessary in the future, it can be extended from the adjacent public system in Jessica Drive or South 66th Place. Stormwater – The subject annexation territory is not currently served by a piped stormwater management system. Improvements to the on-site stormwater system may be required as development plans are advanced for the subject site. In the interim, runoff from the subject site – which is limited primarily to the surface of the reservoir tank – infiltrates into the ground. Streets – The subject annexation area abuts the north edge of Jessica Drive and is also accessible via a private easement and driveway from South 66th Place. At such time as development plans are forwarded for the subject property in the future, any required street frontage improvements will be reviewed and approved through the Site Plan Review process. Extension of Jessica Drive to serve future development areas to the east will require the participation of SUB and potential dedication of right-of-way along the south edge of the site. The responsibilities and expectations of the developer have been outlined in an Annexation Agreement between SUB and the City, incorporated herein by reference (Attachment 4). 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. 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 subject property contains an operating water utility installation that will continue to serve residential neighborhoods in southeast Springfield. In recent discussions with SUB, City staff has outlined the responsibilities and expectations of the developer when and if future on-site improvements are proposed for the site. Additionally, extension of Jessica Drive and public utilities to serve future development areas to the east and southeast will require the participation of SUB as both property owner and utility provider. Therefore, the responsibilities and expectations of the developer and partner agency rise to the level of requiring an Annexation Agreement, which is incorporated herein by reference as Attachment 4 to the AIS. Attachment 1, Page 5 of 6 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 5, 2015, 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 testimony provided at the Public Hearing, the City Council may take action to approve, modify or deny the Annexation Ordinance. Finding: At the public hearing meeting on October 5, 2015, the applicant’s representative provided testimony in support of the annexation request. No other written or verbal testimony was submitted into the record. 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. This category of public utility facility is a listed use in the LDR zone. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the Annexation Ordinance is granted a second reading and approved on October 19, 2015, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around November 18, 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. . Attachment 1, Page 6 of 6 Citywide Overview Springfield, OR Site There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product Within Springfield City Limits Outside Springfield City Limits I 2 0 21 Miles A t t a c h m e n t 2 , P a g e 1 o f 3 MAIN ST S 7 1 S T S T IVY ST W E Y E R H A E U S E R R D S 6 7 T H S T B O B S T R A U B P K W Y MO U N T A I N G A T E D R A S T S 5 9 T H S T S 7 2 N D S T S 7 0 T H P L S 6 9 T H S T S 7 0 T H S T JESSICA DR S 6 6 T H P L S E ST S 6 8 T H P L S 6 9 T H P L GLACIE R D R GR A Y S T O N E L P HOLLY ST 6 9 T H S T FORSYTHIA ST 66 T H S T PRIVA T E R O A D 65 T H P L 7 3 R D S T FERNHILL LP S 6 8 T H S T COLL I E R D R CASCADE DR MICA ST DAISY ST LILAC LN DOGWO O D S T S 6 0 T H S T ASTER ST ORCHID LN S 6 7 T H P L CAMELLIA ST S 6 8 T H C T GLACIER DR GLACIER DR S 5 9 T H S T S 6 9 T H P L A ST JESSIC A D R Neighborhood Overview Springfield, OR There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product Within Springfield City Limits Outside Springfield City Limits Proposed Annexation Tax Lots I 1,000 0 1,000500 Feet Site Attachment 2, Page 2 of 3 S 6 6 T H P L JESSICA DR S 6 8 T H S T PRIVATE RO A D S 6 6 T H C T S 67TH ST JESSICA DR Subject Area Springfield, OR Site There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or positional inaccuracy of this product Within Springfield City Limits Outside Springfield City Limits Proposed Annexation Tax Lots I 200 0 200100Feet Attachment 2, Page 3 of 3 At t a c h m e n t 3, Pa g e 1 of 18 At t a c h m e n t 3, Pa g e 2 of 18 Legal Description of Affected Territory to be Annexed (Map 18-02-03-00, Tax Lot 302) A unit of land being situated in the northeast quarter of Section 3, Township 18 South, Range 2 West of the Willamette Meridian, said unit of land being more particularly described as follows: Commencing at the 1977 Lane County brass cap monument marking the Southwest corner of the T.J. Maynard Donation Land Claim No. 37, the TRUE POINT OF BEGINNING: Thence South 00° 05’ 42” West along the West line thereof, 75.00 feet distant; Thence North 69° 20’ 57” West 213.60 feet distant; Thence North 00° 05’ 42” East 130.00 feet distant; Thence North 46° 38’ 59” West 84.96 feet distant to a point on a curve to the left, the radius point of which bears North 46° 38’ 59” West, a distance of 45.00 feet; Thence along the arc of said curve to the left having a radius of 45.00 feet, through a central angle of 64° 08’ 31”, an arc distance of 50.38 feet, the chord of which bears North 11° 16’ 43” East a distance of 47.79 feet; Thence North 29° 05’ 42” East 108.51 feet distant; Thence South 81° 22’ 27” East 202.24 feet distant to said West line of the T.J. Maynard Donation Land Claim No. 37; Thence South 00° 05’ 42” West along said West line, 300.00 feet to the TRUE POINT OF BEGINNING, all in Lane County, Oregon and containing 77,260 square feet, more or less. Exhibit A-Page 1 of 2 Attachment 3, Page 3 of 18 P O I N T O F B E G I N N I N G B E G I N N I N G A T T H E 1 9 7 7 L A N E C O U N T Y B R A S S C A P M O N U M E N T M A R K I N G T H E S O U T H W E S T C O R N E R O F T H E T . J . M A Y N A R D D O N A T I O N L A N D C L A I M N O . 3 7 , T H E T R U E P O I N T O F B E G I N N I N G ; 7 6 5 1 2 3 4 8 C O U R S E A N D D I S T A N C E C H A R T : 1 . 7 + ( 1 & ( 6 2 8 7 + : ( 6 7 A L O N G T H E W E S T L I N E T H E R E O F , 7 5 . 0 0 F E E T D I S T A N T . 2 . 7 + ( 1 & ( 1 2 5 7 + : ( 6 7 2 1 3 . 6 0 F E E T D I S T A N T ; 3 . 7 + ( 1 & ( 1 2 5 7 + ( $ 6 7 1 3 0 . 0 0 F E E T D I S T A N T ; 4 . 7 + ( 1 & ( 1 2 5 7 + : ( 6 7 8 4 . 9 6 F E E T D I S T A N T T O A P O I N T O N A C U R V E , T H E C E N T E R O F : + , & + % ( $ 5 6 1 2 5 7 + W E S T ; 5 . T H E N C E A L O N G T H E A R C O F S A I D C U R V E T O T H E L E F T H A V I N G A R A D I U S O F 4 5 . 0 0 F E E T , T H R O U G H A C E N T R A L A N G L E O F $ 1 $ 5 & ' , 6 7 $ 1 & ( 2 ) 5 0 . 3 8 F E E T ; 6 . 7 + ( 1 & ( 1 2 5 7 + ( $ 6 7 1 0 8 . 5 1 F E E T D I S T A N T ; 7 . 7 + ( 1 & ( 6 2 8 7 + ( $ 6 7 2 0 2 . 2 4 D I S T A N T T O S A I D W E S T L I N E C L A I M N O . 3 7 ; 8 . 7 + ( 1 & ( 6 2 8 7 + : ( 6 7 A L O N G S A I D W E S T L I N E , 3 0 0 . 0 0 F E E T T O T H E T R U E P O I N T O F B E G I N N I N G A L L I N L A N E C O U N T Y , O R E G O N A N D C O N T A I N I N G 7 7 , 2 6 0 S Q U A R E F E E T , M O R E O R L E S S . Phase Drawn By Checked Date 2015, SCHIRMER SATRE GROUP Project Number D e s c r i p t i o n R e v i s i o n s D a t e # 0 200 400 800 Scale: 1"= 400'-0"SUB SOUTH HILLS ANNEXATION Map and Tax Lot 18-02-03-00 - 00302 Cadastral Map N O T F O R C O N S T R U C T I O N jas rms 7.31.2015 1510 L E G E N D S U B J E C T P R O P E R T Y P R O P O S E D F O R A N N E X A T I O N P R O P E R T Y W I T H I N S P R I N G F I E L D C I T Y L I M I T S PRE-SUBMITTAL M:\SchirmerSatre\Project Activity\Project Activity - 2015\SUB - 57th Street and 66th Place Reservoirs - Annexation\SUB_57-66_Annex_Applic-Process-Decision-Etc\66thSite_Annex_Applic-Process-Decision-Etc\66thPlace_CadastralMap.dwg, 7/31/2015 11:44:22 AM, DWG To PDF.pc3 Exhibit A-Page 2 of 2 Attachment 3, Page 4 of 18 Exhibit B-Page 1 of 14 Attachment 3, Page 5 of 18 Exhibit B-Page 2 of 14 Attachment 3, Page 6 of 18 Exhibit B-Page 3 of 14 Attachment 3, Page 7 of 18 Exhibit B-Page 4 of 14 Attachment 3, Page 8 of 18 Exhibit B-Page 5 of 14 Attachment 3, Page 9 of 18 Exhibit B-Page 6 of 14 Attachment 3, Page 10 of 18 Exhibit B-Page 7 of 14 Attachment 3, Page 11 of 18 Exhibit B-Page 8 of 14 Attachment 3, Page 12 of 18 Exhibit B-Page 9 of 14 Attachment 3, Page 13 of 18 Exhibit B-Page 10 of 14 Attachment 3, Page 14 of 18 Exhibit B-Page 11 of 14 Attachment 3, Page 15 of 18 Exhibit B-Page 12 of 14 Attachment 3, Page 16 of 18 Exhibit B-Page 13 of 14 Attachment 3, Page 17 of 18 Exhibit B-Page 14 of 14 Attachment 3, Page 18 of 18 ANNEXATION AGREEMENT – Page 1 of 6 ANNEXATION AGREEMENT This Annexation Agreement (“Agreement”) is made between the City of Springfield, an Oregon municipal corporation (“City”) and Springfield Utility Board (“APPLICANT”). RECITALS A. APPLICANT owns the parcel(s) of land legally described in Exhibit A, the Property. 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 ________, for Assessor’s Map No. 18-02-03-00, Tax Lots 00302. 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 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. 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: Current Development Division 225 Fifth Street Springfield, OR 97477 Attachment 4, Page 1 of 6 ANNEXATION AGREEMENT – Page 2 of 6 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 approximately 65 feet west of the Property within Jessica Drive and is also located in South 66th Place and 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 Mountaingate Phase 3B Subdivision. This system was sized to accommodate the property. 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 Property has access to South 66th Place via a private access easement.  The Property also has frontage on a portion of Jessica Drive, which is planned to be extended easterly in the future.  Public right-of-way for the future easterly extension of Jessica Drive has not been dedicated or otherwise acquired from the Property. 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, APPLICANT agrees to perform the obligations set forth in this section. 1.1. APPLICANT shall bear the proportionate cost and obligation to construct the following public improvements, in accordance with the requirements in effect at the time of construction as contained in the Springfield Municipal Code, Springfield Development Code, and Chapter 12 of the EDSPM using the PIP process or another public contracting method acceptable to the City Engineer, 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. 1.1.1. Extend the public sanitary sewer system through the Property frontage on Jessica Drive at the time of the easterly extension of Jessica Drive. Attachment 4, Page 2 of 6 ANNEXATION AGREEMENT – Page 3 of 6 1.1.2. Fully reserve a setback based on a future Jessica Drive overall right-of-way width of 50 feet, with a slope easement of 25 feet wide that is adjacent to and northerly of the future right-of-way line, for an approximate total setback of 50 feet from the existing southern boundary of the Property to be used for the future easterly extension of Jessica Drive. 1.1.3. At the time the City determines the need for the Jessica Drive right-of-way, dedicate the right-of-way and slope easement described in paragraph 1.1.2 to the City, at no cost to the City, for the purpose of extending Jessica Drive. 1.1.4. Pay its proportionate share of the cost to fully improve Jessica Drive to full urban standards, including appurtenant stormwater management infrastructure, at the time of dedication. 1.2. Provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of the Site Plan as necessary to serve the development of the Property, including the construction and maintenance thereof. 1.3. 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. 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 of Springfield. 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 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. Attachment 4, Page 3 of 6 ANNEXATION AGREEMENT – Page 4 of 6 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 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. Attachment 4, Page 4 of 6 ANNEXATION AGREEMENT – Page 5 of 6 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. DATED this _____ day of __________, 20__. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date It’s: 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 5 of 6 ANNEXATION AGREEMENT – Page 6 of 6 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 6 of 6