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HomeMy WebLinkAboutItem 06 Annexation of Territory to the City of Springfield - Annex 12.2 Acres of Property Located South of Jasper Road and West fo Kintzley Avenue, Springfield. AGENDA ITEM SUMMARY Meeting Date: 2/1/2016 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 12.2 ACRES OF PROPERTY LOCATED SOUTH OF JASPER ROAD AND WEST OF KINTZLEY AVENUE, 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 Willamalane Park & Recreation District for approximately 12.2 acres of vacant land located southeast of Agnes Stewart Middle School, south of Jasper Road and west of Kintzley Avenue. All of the territory requested for annexation is inside the City’s Urban Growth Boundary (UGB). The northwest boundary of this territory is contiguous with the City limits for approximately 453 feet along Jasper Road frontage. The purpose of the annexation request is to facilitate vehicular access improvements to the site from Jasper Road, including a new parking lot, and miscellaneous improvements to the trailhead for the planned Millrace Pathway. 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, upon second reading and adoption 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 vacant and abuts the City limits for approximately 453 feet along Jasper Road. The territory requested for annexation comprises five adjoining tax lots with an aggregate assessed value of $318,107. Staff advises that extension of existing public streets and utilities must occur before the majority of the site and adjacent lands may be developed at urban densities, and therefore an annexation agreement is a requirement of this request. Upon annexation, the territory will be subject to the City’s development review and permitting process for park and open space improvements. The territory requested for annexation is zoned Low Density Residential with an Urbanizable Fringe Overlay (UF-10) consistent with the Springfield Zoning Map. Upon annexation, the UF-10 overlay will be removed. Public parks are 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. The attached staff report also confirms the request meets the criteria of approval for annexations established in Section 5.7-140 of the Springfield Development Code. Recommendation: Staff finds the proposal, as conditioned with an annexation agreement described in the preceding text, 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: Willamalane Millrace Trailhead Annexation Applicant: Cameron McCarthy Landscape Architecture & Planning on behalf of Willamalane Park & Recreation District Case Number: ANX15-00004 Proposal Location: 1136 Kintzley Avenue and 3277 Jasper Road (Assessor’s Map 18-02-06-24, TL 3500, 3600, 3701, 3900 & 4000) Current Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10) Plan Designation: LDR Applicable Comprehensive Plan: Metro Plan Application Submittal Date: December 18, 2015 Associated Applications: PRE15-00062 (Development Issues Meeting); PRE15-00068 (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 Vincent Martorello Willamalane Park & Rec. District 541-736-4106 250 S. 32nd Street Springfield OR 97478 Applicant’s Representative Colin McArthur Cameron McCarthy Landscape Arch. 541-485-7385 160 East Broadway Eugene OR 97401 Agnes Stewart Middle School Proposed Annexation Area Ki n t z l e y A v e n u e Ci t y L i m i t s Attachment 1, Page 1 of 7 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications. Finding: A Development Issues Meeting for the subject annexation request was held on December 1, 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 comprised of five parcels located south of Jasper Road and west of Kintzley Avenue in south Springfield. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northwest and north edges. The requested annexation territory comprises approximately 12.2 acres and is currently vacant. A 30-foot wide by 453.05-foot long segment of Jasper Road right-of-way along the property frontage is being annexed concurrently. 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 driveway, parking lot, trailhead, restroom facilities, and linear recreational pathway along the Springfield Millrace. Bringing the area into the City limits will facilitate the extension of public utilities to serve the trailhead and issuance of land use approvals and construction permits for planned public recreation improvements on the site. The future extension of public roads and utilities to serve the remainder of the annexation area not used for public recreation facilities, and land beyond the subject annexation area, will require Willamalane to execute an Annexation Agreement with the City. Items detailed in the Annexation Agreement include but are not limited to future dedication and construction of a public street from Jasper Road through the annexation area to an intersection with Kintzley Avenue; extension of public utilities to serve the annexation area; extension of public utilities along Kintzley Avenue; and future improvement of Kintzley Avenue from the intersection with Jasper Road to the southeast corner of the annexation area. The responsibilities and expectations of the developer have been outlined in the Annexation Agreement between Willamalane 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 Lane County), and Fire (Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing water utility infrastructure along the site frontage 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 January 12, 2016, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of Attachment 1, Page 2 of 7 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 February 1, 2016 public hearing was published in The Register- Guard on January 18 and 25, 2016. Posted Notice. Notice of the February 1, 2016 public hearing was posted in five public places in the City: along the property frontage on Jasper Road; along the property frontage on Kintzley Avenue; at Springfield City Hall; 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 December 28, 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 for approximately 478 feet along the northwest boundary, and for approximately 453 feet along the Jasper Road frontage. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140. 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. Attachment 1, Page 3 of 7 Finding: The continued annexation of properties and public street rights-of-way to the City of Springfield is consistent with the Metro Plan, which will result in the elimination of special districts within the urbanizable area. The Metro Plan recognizes that as annexations to the City occur, the special district service areas will diminish incrementally and eventually will be dissolved. Finding: The territory requested for annexation is within the Willakenzie Rural Fire Protection District. The Fire Protection District has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of 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 combined fire and life safety departments of 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. The subject annexation area is owned by Willamalane Park & Recreation District and is planned for future public recreational facilities in the form of a trailhead and segment of linear pathway along the Springfield Millrace. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140. 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 operates the public water utility system adjacent to the property requested for annexation. Upon annexation, the subject property would be served by the City by and through the Springfield Utility Board. There is an existing water meter and service connection along the Jasper Road frontage of the property that will provide water service to the future trailhead parking lot. Electricity – SUB Electric provides service to developed properties in this area of south 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 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 Attachment 1, Page 4 of 7 jurisdictions. Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks, including community parks, sports parks, special use parks, and natural area parks. Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park and Recreation District consistent with City policy and the adopted Willamalane Comprehensive Plan. As the property owner and applicant, Willamalane is requesting annexation to facilitate construction of a parking lot, trailhead and recreational pathway on the site. The future trailhead is an access point to the planned Millrace pathway extending from the Middle Fork pathway to the southeast and connecting to the Booth-Kelly site in downtown Springfield. 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 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 immediate future. However, upon construction of planned recreational facilities on the property it is possible that Willamalane will transfer the undeveloped remainder of the annexation area to a third party. Therefore, it is reasonable to expect that a portion of the annexation area could support residential development (and a school-age population) in the future. Sanitary Sewer – The annexation territory is not currently served by sanitary sewer, but there are two sewer laterals stubbed-out along the property frontage on Jasper Road. Sanitary sewer service will be required for the planned restroom facilities at the trailhead parking lot, and connection can be made to one of the existing laterals along the property frontage. Annexation of the property will be required before sanitary sewer service can be provided to the site. Stormwater – The subject annexation territory is not currently served by a piped stormwater management system. However, there is an existing public stormwater facility outside the northwest edge of the annexation area. A constructed on-site stormwater management system will be required at the time of site development to meet the requirements of the City’s Development Code and Engineering Design Standards. Connection to the public stormwater system can be made at the northwest corner of the subject property. Streets – The subject annexation area has frontage on the south edge of Jasper Road, which is currently developed to urban standards. A 30-foot wide segment of Jasper Road along the property frontage is being annexed concurrently with the subject property. The subject annexation area also has frontage on the west edge of Kintzley Avenue, which is classified as a County Local Access Road and is not developed to urban standards. At such time as development plans are forwarded for the balance of the subject property in the future, any required street frontage improvements along the Kintzley Avenue frontage of the site will be reviewed and approved through the Land Division and/or Site Plan Review process. At least one public street connection from Jasper Road through to Kintzley Avenue will be required to serve future development of the remainder of the property. The responsibilities and expectations of the developer for extension and improvement of public streets have been outlined in an Annexation Agreement between Willamalane and the City, incorporated herein by reference (Attachment 4). At the time of the report, the Annexation Agreement has not been executed. 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 Attachment 1, Page 5 of 7 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 and complies with criterion C, Subsection 5.7-140. 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 is vacant but is planned to contain public recreational facilities that are constructed and operated by Willamalane in association with their partner agencies. In recent discussions with Willamalane and their project team, City staff has outlined the responsibilities and expectations of the developer when future on-site improvements are proposed on the site. Additionally, the City has also outlined long-term responsibilities of the developer when the remainder of the property is developed in the future, including but not limited to extension of a public street connection between Jasper Road and Kintzley Avenue; extension of public utilities from connection points on Jasper Road and Kintzley Avenue; and street improvements for Kintzley Avenue. For the reasons stated here, 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. The Annexation Agreement obligations would be recorded against the property title and therefore would assign to a third party should the undeveloped remainder of the annexation area be sold or transferred in the future. Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140. 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 February 1, 2016, 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. Neighborhood public parks are a listed use in the LDR zone. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is granted first reading by the City Council on February 1, 2016 and adopted after a second reading on February 16, 2016, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around March 17, 2016), or upon acknowledgement of filing with the Secretary of State – whichever date is later. Attachment 1, Page 6 of 7 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 7 of 7 20T H S T 19T H S T 16T H S T YO L A N D A A V E 21S T S T H A R V ES T L N VE R A D R 17T H S T 17T H P L 15T H S T G R A N D V I S T A D R R A N C H D R C H E E K S T D E L R O S E A V E YE N TA A V E H A Y D EN B R I D G E R D 15T H S T VE R A D R 17T H S T VE R A D R D E L R O S E A V E VI E WMO N T A V E 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 0 2 41Miles Attachment 2, Page 1 of 3 M i d d l e F o r k Willamette MAIN ST BOOTH KELLY RD G ST E ST JASPER RD S 2 8 T H S T D ST S F ST 42 N D S T 28 T H S T 21 S T S T 30 T H S T 36 T H S T 33 R D S T F ST 32 N D S T COMMERCIAL AVE CHEROKEE DR S E ST 39 T H S T 38 T H S T S 3 2 N D S T OREGON AVE 37 T H S T S 3 8 T H S T 40 T H S T 20 T H S T S 4 1 S T S T DOUGLAS DR S 4 2 N D S T S A ST 38 T H P L 35 T H S T A ST S M ST S 3 4 T H S T S 3 5 T H S T S 4 0 T H S T 22 N D S T S REDWOOD DR 23 R D S T S 3 7 T H S T H ST RICHLAND ST S 4 3 R D S T C ST NORTH ST 4 3 R D P L S 3 9 T H S T 25 T H S T 24 T H S T 26 T H S T DA I S Y S T FORSYTHIA ST S 2 6 T H S T S 3 4 T H P L KI N T Z L E Y A V E LA U R E L A V E FI L B E R T L N 34 T H S T VIRGINIA AVE PINYON ST COLE WAY LO N G R I D G E D R OSAGE ST B ST S 4 3 R D P L HARMON LN STELLAR WAY S E CT S 2 0 T H S T DUBENS LN GARSON LN E ST S F ST PINYON ST DOUGLAS DR B ST S 4 3 R D S T E ST OSAGE ST D ST 23 R D S T C ST S A ST A ST S E ST S 4 2 N D S T 34 T H S T 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 Site 0 1,000 2,000500Feet Attachment 2, Page 2 of 3 M i ll R a c e JASPER RD S 3 4 T H P L KI N T Z L E Y A V E S 3 2 N D S T PINYON ST OSAGE ST S 3 2 N D P L DO N D E A S T 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 17 At t a c h m e n t 3, Pa g e 2 of 17 civil transportation structural geotechnical SURVEYING 310 5th Street Springfield, OR 97477 p: 541.746.0637 www.BranchEngineering.com Springfield OR | Salem OR sheet: revisions: designer: drawn by: project no: date: co p y r i g h t © 2 0 1 5 B r a n c h E n g i n e e r i n g , I n c . civil transportation structural geotechnical SURVEYING 310 5th Street Springfield, OR 97477 p: 541.746.0637 www.BranchEngineering.com Springfield OR | Salem OR ARS RC LEGAL DESCRIPTION EXHIBIT MAP 1 1/13/2016 15-234 SP R I N G F I E L D , L A N E C O U N T Y , O R E G O N AN N E X A T I O N A P P L I C A T I O N NW 1 4 , S E C 6 , T O W N S H I P 1 8 S O U T H , R A N G E 2 W E S T , W . M . TL ' s 3 5 0 0 , 3 6 0 0 , 3 7 0 1 , 3 9 0 0 & 4 0 0 0 E x h i b i t A - 1 Attachment 3, Page 3 of 17 Ex h i b i t A - 2 At t a c h m e n t 3, Pa g e 4 of 17 Ex h i b i t A - 2 At t a c h m e n t 3, Pa g e 5 of 17 Exhibit B-1 Attachment 3, Page 6 of 17 Exhibit B-1 Attachment 3, Page 7 of 17 Exhibit B-1 Attachment 3, Page 8 of 17 Exhibit B-1 Attachment 3, Page 9 of 17 Exhibit B-1 Attachment 3, Page 10 of 17 Exhibit B-1 Attachment 3, Page 11 of 17 Exhibit B-1 Attachment 3, Page 12 of 17 Exhibit B-1 Attachment 3, Page 13 of 17 Exhibit B-1 Attachment 3, Page 14 of 17 Exhibit B-1 Attachment 3, Page 15 of 17 Exhibit B-1 Attachment 3, Page 16 of 17 Exhibit B-1 Attachment 3, Page 17 of 17 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 Willamalane Park and Recreation District (“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 Annexation, dated ________, for Assessor’s Map No. 18-02-06-24, Tax Lots 3500, 3600, 3701, 3900 & 4000. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is within the Urbanizable Fringe Overlay District (UF-10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.C that the Property can be provided with the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.II-C-4, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. Subsequent to annexation of the Property, APPLICANT intends to proceed with the development of a Mill Race Path Project subject to City land use and development approvals. The proposed Mill Race Path Project includes a trailhead and multi-use path to be developed on Tax Lots 3900 and 4000. The proposed Mill Race Path Project will require the extension of urban services by APPLICANT to serve the trailhead and associated site amenities. The provisions of this Agreement that stipulate the cost and obligations of future public improvements to be borne by APPLICANT, referred to in this Agreement as future site development, do not apply to the proposed Mill Race Path Project and its associated improvements. Those costs and obligations will be addressed by APPLICANT at such time as the undeveloped remainder of the Property is subject to further City land use and development approvals. After Recording, Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 Attachment 4, Page 1 of 6 ANNEXATION AGREEMENT – Page 2 of 6 G. 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. H. 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 in Jasper Road and has sufficient capacity to serve the Property. I. 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 system is located in Jasper Road and has sufficient capacity to serve the Property. J. 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 Jasper Road.  The Property also has frontage on a portion of Kintzley Avenue, which is planned to be improved as part of future site development.  Kintzley Avenue is classified as a County Local Access Road and is not improved to current City standards. Improvement of Kintzley Avenue will be required at the time of future development on the Property. Additional right-of-way dedication for Kintzley Avenue may be required from the Property to provide a uniform right-of- way width that is sufficient to meet City local road standards. K. 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. Attachment 4, Page 2 of 6 ANNEXATION AGREEMENT – Page 3 of 6 1.1. APPLICANT shall bear the 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 (SDC), and Chapter 12 of the City’s Engineering Design Standards and Procedures Manual (EDSPM) using the Public Improvement Project (PIP) process or another public contracting method acceptable to the City Engineer, including but not limited to: associated easements, right- of-way dedication, 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 from Jasper Road southward along Kintzley Avenue through the Property frontage on Kintzley Avenue at the time of development of the remainder of the site. 1.1.2. Extend the public storm sewer system from Jasper Road southward along Kintzley Avenue through the Property frontage on Kintzley Avenue at the time of development of the remainder of the Property. 1.1.3. Dedicate an additional 5 feet of public street right-of-way along the Kintzley Avenue frontage of the Property. 1.1.4. At the time the City determines the need for the Kintzley Avenue improvements or upon development of the remainder of the site, whichever comes first, dedicate the right-of-way described in 1.1.3 to the City, at no cost to the City, for the purpose of fully improving Kintzley Avenue from the intersection with Jasper Road to a point at or near the southern boundary of Tax Lot 3600. 1.1.5. Pay its costs to fully improve Kintzley Avenue to full urban standards, including appurtenant stormwater management and sanitary sewer infrastructure, at the time of development of the remainder of the Property. 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 Attachment 4, Page 3 of 6 ANNEXATION AGREEMENT – Page 4 of 6 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 Site Plan or Subdivision, as applicable, 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 any rights it may have under the law as interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan 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 Measures 37/49/ORS 195.300 et seq. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., “Just Compensation Attachment 4, Page 4 of 6 ANNEXATION AGREEMENT – Page 5 of 6 for Land Use Regulation”. APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. DATED this _____ day of __________, 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 , 20 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named _______________________ whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that _______________________________ executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. _____________________________ NOTARY PUBLIC FOR OREGON ______________________________ MY COMMISSION EXPIRES } ss Attachment 4, Page 5 of 6 ANNEXATION AGREEMENT – Page 6 of 6 CITY OF SPRINGFIELD By: ______________________________ Gino Grimaldi, City Manager STATE OF OREGON COUNTY OF LANE BE IT REMEMBERED that on this ______ day of __________________, 20___ 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