HomeMy WebLinkAboutOrdinance 6371 09/05/2017 i F
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6371
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 RAINBOW WATER DISTRICT.
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-
100 and ORS Chapter 222 to accept, process, and act upon annexations to the City; and
WHEREAS, a request to annex certain territory was submitted on May 2, 2017, said territory
being an unaddressed parcel approximately 2.3 acres in size and adjacent to Anderson Lane
and Kellogg Road, identified as Tax Lot 100 on Lane County Assessor's Map 17-03-33-11,
generally depicted and more particularly described in Exhibit A to this Ordinance; and
WHEREAS, in accordance with SDC 5.7-125.A and ORS 222.111, the property owner initiated
the annexation action by submittal of the required application forms and petition for annexation
attached hereto as Exhibit B to this Ordinance; and
WHEREAS,the annexation was initiated in accordance with SDC 5.7-125.A and ORS 222 and
has been set for public hearing; and
WHEREAS, the territory proposed for annexation is within the Eugene-Springfield Metropolitan
Area General Plan (more commonly known as the Metro P/an) and the Springfield
Comprehensive Plan Urban Growth Boundary, and is contiguous to the city limits along three
sides [SDC 5.7-140.A]; and
WHEREAS, the annexation is consistent with Metro Plan Policy 10 (page II-C-5) requiring
annexation to the City of Springfield as the highest priority for receiving urban services; and
WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly
and efficient manner from service providers within the Urban Growth Boundary as required in
Metro Plan Policy 8 (page II-C-4), Policy 15 and Policy 16 (page II-C-5), and there is a logical
area and time within which urban services and facilities can be delivered; and
WHEREAS, City staff conducted a Development Issues Meeting, as required by SDC 5.7-120,
on April 28, 2017. The intent of the annexation request is to facilitate future subdivision of the
property for single family residential development. City utilities including sanitary sewer service
are available on the perimeter of the subject property. However, both Anderson Lane and
Kellogg Road lack full improvement where abutting this property; and Dade Drive and
associated utilities terminate at this site's eastern boundary and will need to be extended
westward to a point of intersection at Anderson Lane. The timing, location and extent of these
urban utilities and infrastructure are outlined in an Annexation Agreement with the applicant
attached hereto as Exhibit D to this Ordinance; and,
Page 1 of 3 t\`V
•
WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's
recommendation to concurrently annex the subject territory to the Willamalane Park and
Recreation District, as this special district is a service provider for the City [SDC 5.7-140.B1, and
to withdraw the subject territory from the Rainbow Water District as the City of Springfield, by
and through the Springfield Utility Board, would provide water and emergency response
services directly to the area after it was annexed to the City; and
WHEREAS, this action is consistent with the intergovernmental agreement between Lane
County and Springfield regarding boundary changes dated May 21, 2008; and
WHEREAS, on June 19, 2017, the Springfield Common Council conducted a public hearing and
is now ready to take action on this application based on the recommendation and findings in
support of approving the annexation request as set forth in the aforementioned Staff Report to
the Council, incorporated herein by reference, and the evidence and testimony presented at this
public hearing held in the matter of adopting this Ordinance.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Springfield does hereby approve annexation of the
following described territory to the City of Springfield and Willamalane Park and Recreation
District, said territory being more particularly described in Exhibit A to this Ordinance.
Section 2. The City Council of the City of Springfield does hereby approve withdrawal of the
following described territory from the Rainbow Water District, said territory being more
particularly described in Exhibit A to this Ordinance.
Section 3. The City Manager or the Development and Public Works Director, or their designee,
shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-
155.
Section 4. Although not a part of this Ordinance, the Council adopts the findings set forth in
Exhibit C, attached hereto, in support of this Ordinance.
Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 6. This Ordinance shall take effect 30 days after passage by the Council and approval
by the Mayor, or upon the date of its filing with the Secretary of State as provided by ORS
222.180, whichever is later.
Page 2 of 3
ORDINANCE NO. 6371
ADOPTED by the Common Council of the City of Springfield this 5th day of September
2017, by a vote of 5 for and 0 against. (1 Absent - Woodrow)
APPROVED by the Mayor of the City of Springfield this 5thday of Sept. 2017.
Mayor ,
ATTEST:
EE 'f��"��' " ���ILL
City Reccvir.er
REVIEWED &APPROVED
AS TO F ' J:
DATE:
OFFICE OF CI AT ORNEY
Page 3 of 3
ORDINANCE NO. 6371
Exhibit A 1 of 3
COMPILED LEGALS:
The POINT OF BEGINNING being the Southeast corner of Lot 4 of Dove Estates, as platted and
recorded in Lane County Oregon Plat Records, thence South 1°04'West along the West line of that
certain tract described on Reel 571, Reception No 84087, Lane County Deeds and Records, a distance
of 301 81 feet to a stone set in County Survey No 1608,
Thence South 4°41'12"West 31 95 feet to the Northeast corner of a tract of land recorded in the name of
G A and/or Emma A Bryant in Book 426, page 40, Lane County Oregon Deed Records,
Thence North 89°28'30"West 125 34 feet,
Thence South 1°10'54"West along the West line of said tract 120 06 feet to the Northerly right of way of
Lane County Public Road Easement as described on Reel 609, Reception No 25196, Lane County
Oregon Deed Records,
Thence South 1-10'5C West 57 38 feet more or less to the Southerly right of way of said Lane County
Public Road Easement,
Thence along said Southerly right of way North 68°48'38"West 68 13 feet more or less.
Thence continuing along said Southerly right of way, also being the Northerly line Parcel 1 of Land
Partition Plat No 2007-P2131, recorded on Instrument No 2007-040115 Lane County Deeds and
Records. North 53°59'38"West 183 57 feet to a point on the Southerly right of way line of said Lane
County Public Road Easement, said point being 15 00 feet Easterly of the centerline of Anderson Lane,
as described on Reel 609, Reception No 25196, Lane County Deeds and Records
Thence leaving said line, run North 00°55' East 382 85 feet more or less, parallel and 15 00 feet Easterly
of the centerline of Anderson Lane, as described on Reel 609, Reception No 25196, Lane County Deeds
and Records,
Thence run South 89°05' East 344.30 feet to the TRUE POINT OF BEGINNING, in Springfield Lane
County, Oregon
EXCEPT:
Beginning at the Southeast corner of Lot 4 of Dove Estates, as platted and recorded in Lane
County Oregon Plat Records, thence North 89°05'00"West 344 30 feet, more or less, along the
South line of said Dove Estates to a point parallel and 15 00 feet Easterly of the centerline of
Anderson Lane, as described on Reel 609, Reception No 25196, Lane County Deeds and
Records,
Thence along said parallel line South 0°55'00°West 293 20 feet, more or less, to a point on the
extension of the South line of that property described on Instrument No 2016-013292, Lane
County Deeds and Records,
Thence leaving said parallel line, South 89°05'00" East 15 00 feet. to the Southwest corner of
said described property, also being the POINT OF BEGINNING OF EXCEPTION AREA,
Thence continuing along the South line of said property, South 89°05'00"East 150 00 feet to the
Southeast corner of said property,
ORDINANCE NO.6371
Exhibit A 2 of 3
Thence leaving said South line, North 0°55'00" East 143 20 feet to the Northeast corner of that
property described on Instrument No 2016-013289, Lane County Deeds and Records,
Thence North 89°05'00"West 150 00 feet, along the North line of said described property,to a
point parallel and 15 00 feet Easterly of the centerline of Anderson Lane, as described on Reel
609, Reception No 25196, Lane County Deeds and Records,
Thence South 0055'00"West 143.20 feet more or less to the Point of Beginning of Exception
Area, in Springfield Lane County, Oregon
ORDINANCE NO 6371
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Exhibit B 1 of 11
City o Springfield l srmNOFra
Development Services Department
225 Fifth Street
Springfieldd,, OR 97477
Annexation Application Type IV
Application Type (Applicant: Check one)
Annexation Application Pre-Submittal:
Annexation A• •llcation Submittal: ❑
Required Proposal Information (Applicant: Complete This Section)
Property Owner: Jon Penneman Phone:
Address: Holly Springs Homes, LLC Fax:
1466 Oksanna St. Springfield, OR 97477 E-mail:
Owner Signature: �4h�ruc�i—
Owner Signature:
Agent Name: Jed Truett, AICP Phone 541.302.9830
Company: Metro Planning, Inc Fax:
Address: 370 Q Street Springfield OR 97477 E-malld metroplanning.corc
Agent Signature:
If the appliaitt Is'ether tan theowner the bwherhereby-grantspermission'far'the applicant;to act 16hg or her behalf except -
where bignapies BEth9Pwrier of record eresegdiredohlg the owner may eign tbapebtion. -
ASSESSOR'S MAP NO: I 17-03-33-11 I TAX LOT NO(S): 00100
Property Address: North east of intersection of Anderson Lane and Kellogg Road
Area of Request: Acres: 2.30 I Square Feet: 100,188
Existing Use(s) Vacant
of Property:
Proposed Use Tentative Subdivision to create 14 residential single-family lots and
of Property: extend existing Dotie Drive west to connect with Anderson Lane
Required Property Information (City Intake Staff: Complete This Section)
Case No.: Date: Reviewed By:
61N� OdJ00$ fief �'7�1� (initials) Mvh 1
Application Fee: x:qo 4.0 Postage Fee: sjg3 Total Fee: 91129 .
Date Received
'',^,,^, aol7AYUG 201
Revised 4/6/1413) PY>RVfNA4E6 NO. 6371
Original Submittal W
Exhibit B 2 of 11
Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
Pre-Submittal
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible for all statutory
timelines, information, requests and requirements conveyed to my representative.
Owner:
Ana c Date: 3-F-
gnature
Jon Penneman
Print
Submittal
I represent this application to be complete for submittal to the City Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting,I affirm the information identified by the City as
necessary for processing the application Is provided herein or the information will not be provided if not otherwise
contained within the submittal,and the City may begin processing the application with the Information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.1.78 pertaining to a
complete application.
Owner: G�
/1.;
. �s�e Date: Y-2,3-1)
Signature
Jon Penneman
Print
Date Received
WSW?
Revised 4/8/14 B] WSW?�NCE NO. 6
Original Submittal If°
Exhibit B 3 of 11
- I - ANNEXATION APPLICATION FOR til
HOLLY SPRINGS HOMES, LLC
WRITT EN STATEMENT
MEIRCPLf. :Id HG
UNDaF FWINNaacDNNNNNGIFt1Ca Submittal No.: 1
DG O STREET Document Date: May 1, 2017
SPRINGFIELD.OREGON 97477
(54 N 302-9830 Applicant's Request: Approval of annexation of subject property of
WWW ME1ROPLPNNING COM Dotie Drive west to connect with Anderson
Lane
Property Owner/Applicant: Holly Springs Homes,LLC
c/o Jon Penneman,Manager
1466 Oksanna St.
Springfield,OR 97477
Applicant's Representative/ Metro Planning,Inc.
Planner/Project Coordinator: c/o Maureen Jackson
370 Q Street
Springfield,OR 97477
Tel(541)302-9830
Surveyor: EGR&Associates,Inc.
c/o Ryan Erickson, PLS
2535 B Praine Road
Eugene,OR 97402
(Tel)541-688-8322
Civil Engineer: A&O Engineering, LLC
c/o Scott Morris, PE
386 Q Street
Springfield,OR 97477
Tel(541)302-9830
Subject Property: Map 17-03-33-11;Tax Lot 00100
Location: North east of intersection of Anderson Lane
and Kellogg Road
Property Size: 2.30 acres
Zoning: LDR—Low Density Residential
OF-10- Urhanizable Fringe Overlay District
Metro Plan: L—Low Density Residential
Development Plans Proposed Tentative subdivision to create 14 residential
with this Annexation: single-family lots and extension of existing city
street,Dote Dnve,west to connect with
Anderson Lane.
Subdivision Name: Holly Springs
Date Received
ORDINANCENT99b26971
Original Submittal
Exhibit B 4 of 11
Annexation Application for
Holly Springs Homes, LLC
Background
This Is an annexation application for approximately 2.30 acre site, located north east of the Intersection with Kellogg
Road and Anderson Lane,In an area zoned Low Density Residential (LDR). The subject property is in the
Urbanizable Fringe Overlay District,(UF-10),as it is located outside City of Springfield city limits,but within the Urban
Growth Boundary(UGB). The subject property is contiguous city limits on all four sides.
The development plans proposed with this annexation application is a tentative subdivision that will create fourteen
(14)residential single-family lots out of one existing lot and the extension of the existing public street Dode Drive
west to meet Anderson Lane. There are no existing structures or other impervious surfaces on the subject property.
The proposed annexation and the associated development plan is consistent with the City's low density residential
zoning and Metro Plan designation. This annexation and the associated development plan is consistent with the City
of Springfield's Conceptual Local Street Plan.
As discussed in the Annexation Development Issues Application Meeting with City staff,the area of annexation will be
extended beyond the applicant's property in order to create a contiguous annexation boundary. The legal description
that accompanies this application describes the entire annexation area. The area of annexation will include
approximately 15 feet beyond the western property line into the Anderson Lane right-of-way. The area of
annexation will also go beyond the southern property line into the Kellogg Road right-of-way to the adjacent
annexation boundary along tax lot 700. The acreage of Anderson Lane and Kellogg Road right-of-ways is not
included in the fee calculation.
To facilitate city staff review of this annexation application,this written statement clearly demonstrates how the
development meets the Annexation application criteria of SDC 5.7-140 Criteria. The Springfield Development Code
(SDC)text sections are in bold and/or italics and the responses are included In plain text.
Annexations
SDC 5.7-140 Criteria
An annexation application may be approved only if the City Council finds mat me proposal conforms to the
following criteria:
A. The affected temtory 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 Oty only by a public right-ofway or a stream,lake or other body of water.
The subject property is contiguous city limits on all sides:the western property line is adjacent to Anderson Lane;the
northern property line is adjacent to tax lots 1100, 1200, 1300,and 1400;the eastern property line Is adjacent to
Dode Drive and tax lots 6600, 6700, 7000 and 0921;and the southern property line is adjacent to tax lot 0200,
B. The proposed anneradon is consistent with app/{cable polities in the Metro Plan and in any applicable
refinement plans or Plan Districts
Currently,the subject property is located within the City's urban growth boundary and is zoned in compliance with
the City's LDR(low density residential). The Metro Plan diagram clearly shows that the subject property is located
within an area designated for low density residential development;which is consistent with the existing LDR(Low
Density Residential)zoning district. Upon approval of this proposed annexation by the City Council,the Urban Fringe
(UF-10)Overlay District will automatically cease to apply.
The development plan associated with this annexation include a tentabve subdivision that will create fourteen(14)
residential single-family lots out of one existing lot are consistent with City of Springfield Zoning and Metro Plan
designation. All lots in the proposed tentative subdivision are oriented to an east-west street and meet low density
Date Received
Metro Planning,Inc. May 1, 2017 ORDINAr1"9639A017
Original Submittal Yb'
Exhibit B 5 of 11
Annexation Application for
Holly Springs Homes, LLC
residential standards according to SDC 3.2-215. The standard lots proposed for the tentative subdivision are at least
4,500 square feet in area and have at least 45 feet of frontage. The single panhandle lot proposed for the tentative
subdivision will have a minimum area of 4,500 square feet in the pan portion with a minimum street frontage of 20
feet. The proposed annexation and the associated development plan is consistent with the Oty's low density
residential zoning and Metro Plan designation.
The subject property is located In the area of West Springfield. There is no refinement plan associated with this
area.
The development plan associated with this proposed annexation includes the extension of an existing city street,
Dotie Drive,west to connect with Anderson Lane. The extension of Dobe Drive is identified on the City of
Springfield's Conceptual Local street Plan as a proposed local street. This annexation and the associated
development plan is consistent with the City of Springfield's Conceptual Local Street Plan.
C. The proposed annexation will result in a boundary In which the minimum level of key urban facilities
and serwces,as defined in the Metro Plan, can be provided in an orderly, efficient and timely manner;
and
Included with this application is an Existing Utilities plan that illustrates that the proposed annexation will result in a
boundary in which the minimum level of key urban facilities and services can be provided In an orderly,efficient and
timely manner. As indicated on the plan,electric power facilities are currently provided by Springfield Utility Board
(SUB), natural gas facilities are provided by Northwest Natural,and wastewater and storm sewer lines are existing.
Water is currently provided by Rainbow Water District. In accordance with ORS 22.465,if the annexation ordinance
is enacted before April 1, 2018, Rainbow will transfer the water service to the Springfield Utility Board(SUB)effective
July 1,2018. If development proceeds after the date of transfer, SUB will be responsible for extending water
services to supply the development. Prior to the transfer, Rainbow will continue to be the water provier and will
support development and extend services.
In addition,as the subject property is continuous to the city limits on more than three sides and the associated
development plans Include the extension of an existing public street, Dotie Drive,this proposed annexation
application results in a boundary that can be provided with a minimum level of key urban facilities and services in an
order,efficient, and timely manner.
D. Where applicable,fiscal impacts to the ay have been mitigated through an Annexation Agreement or
other mechanism approved by the QtyCouncil
Fiscal impacts to the City will be mitigated through this Annexation Agreement that includes frontage improvements
along Anderson Lane and Kellogg Road,built to city standards,as a condition of development.
If there are any questions or concerns, please do not hesitate to contact me at Metro Planning via email
(maureen@metroolannino corn)or phone(541-302-9830).
Regards,
Maureen Jackson
Associate Planner
Date Received
unvr Oiptign
Metro Planning,Inc. May 1,2017 magej l
Oriainal Submittal CrYir
EXISTING UTILITIESN.
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• EXISTING WATER IS PROVIDED BY
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ACCORDANCE WITH ORS 222.465 IF THE
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BEFORE APRIL 1,2018.THE PROVIDER
589°0600-E N89°28'30'W WILL TRANSFER TO SUB EFFECTIVE
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PLANNING NUMBERS:PRE17-00012 JOB NO 11.01111
ASSESSORS MAP:17-03-33-11 TAX LOT.00100 2 2QLLL
Original Submittal fW
Application #: C SP 2009 -
For City Use Only
FORM 1
PETITION/PETITION SIGNATURE SHEETLID
o Annexation by Individuals 6
m [SDC 5.7-125(2)(b)(0/ORS 222.170(1)] Z
a
xWe, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent
wannexation to Lane County Metropolitan Wastewater Service District and Willamalane Parks and Recreation District, as deemed cc
necessary:
Date Residence Address Map and Tax Lot Number Print Name edLand acres
Signature sign (street, city,zip code) (example' 11-04-03-00-00100)
m/ edd/Y owner cies
//) Jon Penneman 1466 Oksanna St. 17-03-33-11-00100 V 2 3
Springfield, OR 97477
3.
4.
5.
Note: With the above signature(s), I am attesting that I have the authority to consent to annexation on my own behalf or on behalf of my firm or agency. (Attach evidence of such
authorization when applicable.)
I, A4 40 ear-63 iprd,L9& (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence
xoua-�. Jcu (signature of circulator)
CERTIFICATION OF OWNERSHIP
The total landowners in the proposed annexation are 1 (qty). This petition reflects that 1 (qty) landowners (or legal representatives)
listed on this petition represent a total of 100 (%) of the landowners and 100 (%) of the acres as determined by the map and tax lots attached
to the petition. A&T is not responsible for subsequent deed activity that may not yet be reflected on the A&T computerized tax roll.
Crtmn
Lane County A esessment and Taxation RECEIVED
APR 2 71017 Date Received
-
Date Signed and Certified Lane County MAY 02
Assessment&Taxation 2017
Revised 4/8/14 B] 12 of 16
Original Submittal_
Exhibit B 8 of 11
FORM 2
OWNERSHIP WORKSHEET
(This form is NOT the petition)
ail (Please include the name and address of ALL owners regardless of whether they
signed an annexation petition or not.
OWNERS
Property Designation Assessed Imp. Signed Signed
(Map/lot number) Name of Owner Acres Value Y/N Yes No
17-03-33-11-00100 Jon Penneman 2.3 $146,099 N Yes
TOTALS: 2.3 $146,099_
TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1
NUMBER OF OWNERS WHO SIGNED 1
PERCENTAGE OF OWNERS WHO SIGNED 100%
TOTAL ACREAGE IN PROPOSAL 2.3 acres
ACREAGE SIGNED FOR 2.3 acres
PERCENTAGE OF ACREAGE SIGNED FOR 100%
TOTAL VALUE IN THE PROPOSAL $146,099
VALUE CONSENTED FOR $146,099
PERCENTAGE OF VALUE CONSENTED FOR 100%
Date tcece ed
Revised 4/8/14 B] u�y (1 q 13 of 16
ORDINNYEIVB.gVI
Original Submittal,__ Slh J
Exhibit B 9 of 11
FORM 3
SUPPLEMENTAL INFORMATION FORM
(Complete all the following questions and provide all the requested Information. Attach
any responses that require additional space, restating the question or request for
information on additional sheets.)
Contact Person: Jed Truett, AICP
E-mail: jed@metroplanning.com
Supply the following information regarding the annexation area.
▪ Estimated Population (at present): 0
• Number of Existing Residential Units: 0
• Other Uses: Vacant
• Land Area: 2.3 total acres
• Existing Plan Designation(s): OF-10 Urbanizable Fringe Overlay District
• Existing Zoning(s): LDR - Low Density Residential
• Existing Land Use(s): Vacant
• Applicable Comprehensive Plan(s): L- Low Density Residential
• Applicable Refinement Plan(s): West Springfield
• Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans.
• Are there development plans associated with this proposed annexation?
Yes X No
If yes, describe.
Tentative suhrlivisinn to create 14 residential single-family lots and extension of
existing city streeet, Dotie Drive, west to connect with Anderson Lane.
• Is the proposed use or development allowed on the property under the current
plan designation and zoning?
Yes X No
• Please describe where the proposed annexation is contiguous to the city limits
(non-contiguous annexations cannot be approved under 5.7-140, Criteria).
•
southeast sides of the subject property. Date Received
Revised 4/8/14 B) Page 14 of 16
ORD
Original Submittal
Exhibit B 10 of 11
Does this application include all contiguous property under the same ownership?
Yes X No
If no, state the reasons why all property is not included:
• Check the special districts and others that provide service to the annexation
area:
❑ Glenwood Water District X Rainbow Water and Fire District
❑ Eugene School District 0 Pleasant Hill School District
X Springfield School District D McKenzie Fire & Rescue
❑ Pleasant Hill RFPD 0 Willakenzie RFPD
❑ EPUD 0 SUB
)1( Willamalane Parks and Rec District 0 Other
• Names of persons to whom staff notes and notices should be sent, in addition to
applicant(s), such as an agent or legal representative.
(Name) (Name)
(Address) (Address)
(City) (Zip) (City) (Zip)
(Name) (Name)
(Address) (Address)
(City) (Zip) (City) (Zip)
Date Received
Revised 4/8/14 B] paw etetCer
ORDIINRANCE NO.6371
Original Submittal M-
Exhibit B 11 of 11
FORM 4
WAIVER OF ONE YEAR TIME LIMIT
FOR ANNEXATION PURSUANT TO ORS 222.173
This waiver of the time limit is for the following described property:
17-03-33-11-00100
Map and Tax Lot Number Street Address of Property (if address has been
assigned)
ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE
We, the owner(s) of the property described above understand the
annexation process can take more than one year but desire to annex to have
City services. Therefore, we agree to waive the one-year time limitation on
this petition to annex established by Oregon Revised Statutes 222.173, and
further agree that this contract shall be effective [ ] indefinitely or [ ] until
Date
Signatures of Legal Owners
Please print or type name Signet e Date Signed
Jon Penneman // Z.-- 4„4,r.,. 3-b'7)
wn2000 aOuntaI NGE nuxsmnnwxrauron mRnssa iwsnE 0120-03-00 UPDareo,owrswgr-susnmu ANNE.GnON APPLICATION 2007-00 me
un saved. w•I 9,2014
Date Received
Revised 4/8/14 Si MAY WelDdlot 1s
ORDINANCE NO.6371
Original Submittal_
Exhibit C 1 of 6
SPRINGFIELD
TYPE IV— ANNEXATION
STAFF REPORT AND RECOMMENDATION
OREGON
File Name: Penneman Annexation
Applicant: Jon Penneman on behalf of 7" 1.-s
W Centennial Blvd
HollySpring Homes, LLC '" "%4 ... —` + ,
P g . f r�
Case Number: 811-17-000008-TYP4 ••;i'4,• ' `° _ . I 'w .
Proposal Location: % t
Anderson Lane at Kellogg Road �'oa ' ;°' I
(Assessor's Map 17-03-33-11, Tax Lot 100) 4 Proposed MI 711 tx h
' Annexdtion i o.
`�
Current Zoning: Low Density Residential _ ''- Area - , .,► 4 --
(LDR) with Urbanizable Fringe Overlay '3'; - ma , , dig~ '1) _. r-,
" iip2pcluded ♦.(UF-10) 0 C �. yt;sPlan Designation: LDR r i _ , f ' ;.'`I'1 .N. ' 'Applicable Comprehensive Plan: - j & 4- . 41'ifMetro Plan Kellogg Road
JP
Application Submittal Date: a'
May 2, 2017 - I# `
Associated Applications:
PRE17-00011 (Development Issues Meeting); PRE17-00018 (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 Jon Penneman 1466 Oksanna Street
Holly Spring Homes LLC Springfield OR 97477
Applicant's Jed Truett 541-302-9830 370 Q Street
Representative Metro Planning Inc. Springfield OR 97477
ORDINANCE NO. 6371
Exhibit C 2 of 6
Review Process (SDC 5.7-115): 1 he subject annexation request is being re sewed under ype IV procedures.
without Planning Commission consideration.
Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIN() 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 April 28,2017.
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 propert) therein
representing more than half the assessed alue of all real property in the contiguous territory consent in writing
to the annexation of their land".
Finding The property owner ho owns all of the land and real propert). 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, Exhibit 13).
Conclusion: The application iequuements in SDC 5 7-125 hose been met
Site Information: The territory requested for annexation is comprised of a single parcel located at the northeast
corner of Anderson Lane at Kellogg Road Two existing residential properties on the western edge of the
property are excluded tiom the annexation request. The subject site is inside the Springfield Urban Growth
Boundary (UGB) and is contiguous to the Springfield city limits along three sides l'he requested
annexation territory comprises approximately 2 3 acres and is currently vacant Previously, the property
was used as an ornamental tree farm. 7oning for the property is Low Density Residential (LDR) with an
Urbanizable Fringe Overlay (UF-10) applied The intent of the annexation request is to facilitate future
subdivision of the property for single family residential des elopment. City utilities including sanitary sewer
service are available on the perimeter of the subject property Staff advises that Dotie Drive and associated
utilities will need to he extended westward to a point of intersection at Anderson Lane I he provision of urban
utilities and infrastructure are outlined in an Annexation Agreement with the applicant(Attachment 3. Exhibit D)
Existing public sen ices are provided to the annexation area as follows: police (Lane County Sheutf,
Springfield Police Department), schools 1Springlield School District), roads (City of Springfield and Lane
County), and Fire (Eugene/Springfield under contract with Rainbow Water District) Springfield Utility Board
(SUB) operates the existing water utility infrastructure in the metal porated areas surrounding the subject site.
while Rainbow Wate! District serves other unincorporated properties in the \icimty. SI 1B also pros ides
electrical service to the proposed annexation area Upon annexation, the City of Springfield will be responsible
for all w ban sen ices, including sewer. wales.electricity and police/fire response to the subject area.
Notice Requirements(SDC 5,7-130): Consistent with SDC 5.7-130.notice was pros ided as follows:
Mailed Notice. Notice of the annexation application was mailed June 1, 2017, which is at least i4 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 cit) 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
New spaper Notice. Notice of the June 19, 2017 public hearing was published in The Register-
Guard on June 5 and 12, 2017.
Posted Notice. Notice of the June 19. 2017 public hearing was posted in the public places in the Cit:
ORDINANCE NO.6371
Exhibit C 3 of 6
along the property frontage on Dotie Drive: along the property frontage on Anderson Lane; at Springfield
Cit} Hall; on the electronic display in the foyer of the Dey elopment 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 Deselopment (DLCD) was notified in writing of the annexation
proceedings prior to the public hearing Notification to DLCD regarding the proposed annexation was sent on
May 12. 2017
Conclusion Notice of the public hearing was provided consistent with SDC 5.7-130
Recommendation to City Council (SDC 5.7-135): 'I he 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, finding. and conclusions The Director's recommendation
follows SDC 5 7-140, Criteria
Criteria (SDC 5.7-140): The application may he approved only if the City Council finds that the proposal
conforms to the follow ing 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 Arca General Plan (Metro Plan) The area requested for annexation abuts
the Springfield city limits along three sides Therefore. this annexation application meets the statutory
definition of contiguity as found in ORS 222 111(1)
binding: Staff advises that a portion of the Anderson Lane right-of-way along the western boundary of the
property. and along the western boundary of two tax lots that are excluded from the annexation action, is being
annexed concurrently w ith the subject property A segment of Kellogg Road along the southern boundary of the
site also is being annexed concurrently with the subject territory
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: I he Alebo Plum 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 Mary Plan, Territory within the delineated UGB ultimately will he 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 Alefra 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 Alrtru Plan. which will result in the elimination of special districts within the urhanizable
area, 'I he Alaro Plan recognizes that as annexations to the City occur, the special district service areas will
diminish incrementally and eventually will he dissolved
ORDINANCE NO. 6371
Exhibit C 4 of 6
Finding The territory requested for annexation is within the sen ice area of Rainbow Water District.
Rainbow Water District has a service arrangement with Eugene/Springfield for provision of fire response to
unincorporated areas of west Springfield After the public hearing and upon Council adoption of the annexation
Ordinance, the annexation area will be wuhdrawn from the Rainbow Water District consistent with ORS
222 510, 221520, and 222.525 and the combined fire and life safety departments of the Cities of Eugene &
Springfield a ill 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 Cit) of Springfield 1'he subject annexation area is currently zoned
and designated for single fancily residential development, so it is expected to have around 14 dwelling units in
the future
Conclusion 1 he 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 is contiguous with the City limits and represents part ofa larger
unincorporated area within the City limits. The subject site will take advantage of urban service delivery
systems that are already in place or can he logically extended to serve this area. In addition to urban
utilities, the following facilities and services are either available or can he extended to this annexation area:
Water—The Springfield I Rility 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 line in Dotie Drive that will be extended to provide a
looped connection to the water line in Anderson Lane, The water line connecting through the annexation
territory vwuld pros ide water service to the property.
Electricity — SUB Electric provides sen ice to developed properties in this area of west Springfield, including
the subject site Existing electrical system infrastructure within the adjacent public rights-of-way will he
maintained by the affected utility providers.
Police Services — Springfield Police Department currently provides sen ice to areas of west Springfield that are
already inside the City limits. The annexation lei story is currently within the jurisdiction of the Lane County
Sheriffs Department. Upon annexation, this area will receive Springfield Police sen ices 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 F ire Department under contract with Rainbow Water District. I ipon 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 I ire/Rescue to central Lane County. The annexation area will continue to
receive this service consistent vv ith 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
ORDINANCE NO 6371
Exhibit C 5 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 arc 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 he 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 he within the service arca of
the Springfield Public Library
Schools — The Springfield School District serves the areas of west Springfield that are south of I larlow Road.
Based on the current zoning and comprehensive plan designation for the property, it is expected that the
annexation teuitory could generate permanent residents and/or school-age population in the future.
Sanitary Sewer — The annexation territory is not currently served b) sanitary sewer, but there arc existing
public sewer lines along the propert) frontages on Dotie Drive and Anderson Lane. Extension of public
sanitary sewer lines is necessary to facilitate subdivision of the property and development with single family
homes Annexation of the propert) vv ill be required before sanitary sewer service can be provided to the site.
Stormwater — The subject annexation territory is served by a combination of piped stormwater management
systems in Anderson Lane and Done Drive, and roadside infiltration along Kellogg Road. Extension of the public
stormwater system will be necessary at the time of subdivision and development with single family residential homes
Connection to the public stormwater system can be made along the property frontage on Anderson Lane.
Streets — The subject annexation area has frontage on Anderson Lane along the western boundary, which is
currently developed to urhan local road standards north of the site Along the site frontage, Anderson Lane
lacks curb and gutter and sidewalk so these improvements will he requiied when the property develops as a
single family residential subdivision. 'I he subject annexation area also has frontage on Kellogg Road along the
southern boundary Along the site frontage. Kellogg Road lacks curb, gutter, sidewalk, and a piped stormwater
drainage sv stem, so certain improvements will be required when the property develops further. Finally, the
annexation area has frontage on a stub of Dotie Drive along the eastern boundary. At the site frontage, Dotie
Drive is developed as an urban local road with curb, gutter, pay ing and sidewalks The Annexation Agreement
with the applicant outlines the provision of Dotic Drive i ight-of-way and extension of street improvements
necessary to serve the subject territory. Dedication of the required right-of-way and construction of street
frontage improvements along Anderson Lane and Kellogg Road ill he reviewed and approved as a part of
the residential development process.
Solid Waste Management — 1 he 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 pros iders offer both wired and wneless communication services in the
Eugene-Springfield metropolitan area. Existing providers and those entering the market hay e 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 urhan facilities and services, as outlined in the adopted Metro Mull, are
either immediately available or can he provided within a reasonable future time frame as needed.
Conclusion: The proposal meets and complies with criterion C, Subsection 5.7-140.
ORDINANCE NO.6371
Exhibit C 6 of 6
D. Where applicable,fiscal impacts to the City have been mitigated through an Annexation Agreement or
other mechanism approved by the City Council.
Finding: The subject property is vacant and extension of public streets and utilities is necessary to sere the
annexation territory. The provision of urban utilities and street improvements is outlined in an Annexation
Agreement between the applicant and City A copy of the draft Agreement is included as Exhibit D to the
Annexation Ordinance.
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 Rainbow Water District.
City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance
Finding: On June 19, 2017, the City Council held a Public Hearing for the subject annexation request and gave
first reading to the Annexation Ordinance. One person testified at the public hearing and their concerns were
addressed by the applicant and staff outside of the meeting. Based on the staff analysis and recommendations,
and on testimony prow riled at the Public Hearing, the Cit) Council fray take action to approve, modify, or
deny the Annexation Ordinance.
Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Log Density Residential in
accordance with the Springfield Zoning Map and the adopted Moro Plan diagram. Properties that are outside
the Cit} limits have the Urbanizable Fringe Overlay District I OF-10) applied to the zoning Upon the effective
date of the annexation, the IJF-10 overlay will he automatically removed and the site will retain the Lou
Density Residential (I DR)zoning
Effective Date and Notice of Approved Annexation(SDC 5.7-155): II the annexation is adopted after a second
reading on September 5, 2017, the Ordinance will become effective 30 days after adoption by the City Council
and execution by the Nla)or (anticipated on or around October 5. 2017), or upon acknowledgement of filing with
the Secretary of State—whichever date is late!
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 Cit). The Direc to] shall recommend to the Cit) Council for consideration of the withdrawal of the annexed
terrtory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the
Cd) Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal
shall he pros ided in the same manner as the annexation notice in Section 5.7-150
Finding The annexation area is ww'thin the delineated service territory of SI IB (electric) and the Rainbow Water
District (water ser ice and fire response). The Cities of Eugene/Springfield will provide fire and emergency
ser ices 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 withdnnval from the Rainbow Water
District was in the best interest of the City. The withdrawal decision was codified in Ordinance No
ORDINANCE NO. 6371
Exhibit D 1 of 9
ANNEXATION AGREEMENT
This Annexation Agreement("Agreement") is made between the City of Spy ingfield, an Oregon
municipal corporation("City") and Holly Spring Homes, LLC ("APPLICANT")
RECITALS
A. APPLICANT owns the parcel(s) of land legally described in Exhibit A, the Property,and shown
on the map attached as Exhibit B. The property is proximate to the jurisdictional limits of the City
and is subject to annexation by the City of Springfield following minor boundary change
processes.
B APPLICANT has submitted to the City a request for an Annexation Agreement, dated May 2,
2017, for Assessor's Map No. 17-03-33-11-00100.
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 Section 5.7-140.0 of the Springfield
Development Code(SDC)that the Property can he provided with the minimum level of key urban
facilities and services as defined in the Metro Plan Policy Ra 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 subject
property, TL 17-03-33-11-00100
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 �Q
Development&Public Works Department Lane County Clerk 201?-0106
Attn: Engineering Division Lane County Deeds and Records
225 Fifth Street MIIIIIIII III11111111111IIIIIIII I111111IIII II Iii $87,00
Springfield, OR 97477
01669361201700406140110112 08/1712017 09;40;24 QM
RPR-ANNX Cnt_1 Stne40 CASHIER 01
$55.00 $11.00 $21.00
ANNEXATION AGREEMENT—Page I of 7 ORDINANCE NO 6371
Exhibit D 2 of 9
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.
• There are sewer mains in Anderson Lane, Kellogg Road and Dotie Drive with sufficient
depth and capacity for the proposed residential subdivision. The proposed subdivision will
be responsible for extending these systems onto 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.
• There is an existing system in Anderson Lane that can serve to drain the future roads of the
proposed subdivision. The subdivision will he required to build on site treatment and
disposal systems with infiltration capacity to mitigate offsite flows.
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 site is bordered on three sides with existing public roads in a mix of Lane County and
City jurisdiction The development will be required to build frontage improvements on all
roads to full urban standards.
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 SDC 5 12-
100 for a residential subdivision on the Property in accord with whatever land use requirements
are in place at that time. This Paragraph is subject to the requirements of Paragraph 8, below.
1.2. Apply for, and obtain, Subdivision Plat approval from the City,pursuant to SDC 5.12-100 for a
residential subdivision on the Property only after complying with all requirements of the city's
public improvement process as set forth in the Public Improvement Pemut and Chapter 12 of the
EDSPM. The Plat will not be processed or granted until the PIP is bonded and construction has
begun on the improvements. This Paragraph is subject to the requirements of Paragraph 8,
below
ANNEXATION AGREEMENT—Page 2 of 7 ORDINANCE NO 6371
Exhibit D 3 of 9
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,APPLICANT shall hear the full cost and obligation to design and construct the
following public infrastructure systems, including but not limited to associated studies,
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 EDSPM using the Public Improvement Project (PIP)process
1 3 1. On-site public sanitary sewer conveyance systems to provide sanitary sewer service to
the development 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).
1.3.2. Public stormwater management systems to collect, treat, convey, detain as deemed
necessary, and discharge stormwater from the Property and the upstream tributary areas
into the public stormwater lines, as shown in Exhibit B.
1.3.3. On-site and off-site public street systems to provide for the logical and orderly extension
of the following public streets:
1.3.3.1. Dotie Drive to connect with Anderson Lane.
1.3 3 2 Provide full street frontage improvements of Anderson Lane and Kellogg Road.
1 3.3.3. Agree to allow the frontages of the intervening properties on Anderson Lane to
participate in the PIP with full reimbursement to Holly Spring Homes. LLC for
the costs incurred as determined by the costs submitted as part of the PIP
approval process. This participation is not required for approval of the
annexation,PIP or plat.
1.4. 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 developing and constructing the
public infrastructure necessary to support development of the Property.
1.5 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 competed 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.
1.6. 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
PIP 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
ANNEXATION AGREEMENT—Page 3 of7 ORDINANCE NO. 6371
Exhibit D 4 of 9
the proposes of this Agreement,the full cost shall include design, construction, and acquisition
of land and/or easements, studies,permits from all agencies having jurisdiction, attorneys 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.
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 of 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 he 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
ANNEXATION AGREEMENT—Page 4 of 7 ORDINANCE NO.6371
Exhibit D 5 of 9
provide approval of any building, land use, or other development application or Land and Drainage
Alteration Program (LDAP)permit application submitted by APPT,TCANT 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.
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.
ANNEXATION AGREEMENT—Page 5 of 7 ORDINANCE NO. 6371
Exhibit D 6 of 9
DATED this /t( day of/1,7,6/i , 20/3.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first
herein above written.
APPLICANT
MBER OF PENNEREN MANAGEMEN f LLC,
WHICH IS A MANAGER OF HOLLY SPRING HOMES LLC
STATE OF OREGON
COUNTY OF LANE S6 q�
BE IT REMEMBERED that on this _ ' Ca day of ,tI�}_f,/us f , 20 /2 before me, the
undersigped,^_ a notary public in and for said County d State, personally appeared the within
named roys pain/num , Member of Penneren Management LLC as Manager of Holly Spring
Homes LLC, whose identity was proved to me on the basis of satisfactory evidence and who executed the
within instrument and acknowledged to me that Ji v& Palvttitietn 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.
4;?, OFFICIAL STAMP NOTARY PUBLIC FOR OREGON
SHANNON LEE MORRIS
`. � COOMMISSION NO. 9388103
W COMISSIONEI(PIRES APRIL 13,2019 Vj' ' `I /3t to
MY I;OMMISSION EXPIRES
ANNEXATION AGREEMENT—Page 6 of 7 ORDINANCE NO. 6371
Exhibit D 7 of 9
CITY OF SP t�3li PIE Tj__
Bv' ' 4
Gino rimaldi, City Manager
STATE OF OREGON SS
COUNTY OF LANE J
BE IT REMEMBERED that on this y-6 day of Cul , 201 '/ 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, namely the
City of Springfield, and does acknowledge said instrument to he 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. ` /_ _
cvrrw� AIME
NOTAR 'PUBLIC FOR OREGON
OFFICIAL STAMP
AMY LOREE SOWA
%% NOTARY PUBLIC-OREGON
COMMISSION NO.922064 4/•?D -2 K
MY COMMISSION EXPIRES NOVEMBER 20,2017
MY COMMISSION EXPIRES
ANNEXATION AGREEMENT—Page 7 of 7 ORDINANCE NO. 6371
Exhibit D 8 of 9
EXHIBIT A
Property Legal Description
Beginning at a point on the West fine of the R E Campbell Donation Land Claim No 59, in Township 17
South, Range 3 West of the Willamette Meridian, said point being 1365.84 feet South 00° 55' West of a
Y" iron rod marking the Northwest corner of County Survey No 1143, which is reported in County
Survey print No 7329 to be 1552 4 feet South 00° 55' West of the Northwest corner of said R E.
Campbell Donation Land Claim No 59, said point also being on the centerline of Anderson Lane as
described on Reel 609, Reception No 25196, Lane County Deeds & Records, thence leaving the West
line of said Claim No. 59 and run South 89° 05' East 30 00 feet to the Southwest corner of that certain
tract described on Reel 962, Reception No. 7884996, Lane County Official Records, and the true point of
beginning of the herein described tract, thence run North 89° 05' East 329 30 feet to the Southeast
corner of said tract described on Reel 962, Reception No. 7884996, Lane County Official Records,
thence South 1° 04' West along the West line of that certain tract described on Reel 571, Reception No.
84087, Lane County Deeds and Records, a distance of 301 81 feet to a stone set in County Survey No.
1608, thence South 4° 41 2' West 31.95 feet to the Northeast corner of a tract of land recorded in the
name of G A and (or) Emma A. Bryant in Book 426, Page 40, Lane County Oregon Deed Records,
thence North 89° 28 %' West 125 34 feet, thence South 1° 10.9' West along the West line of said tract
120.06 feet to the Northerly right of way of Lane County Public Road Easement described on Reel 609,
Reception No 25196, Lane County Oregon Deed Records; thence run North 80° 01' West along said
Northerly right of way 14 70 feet, thence North 56° 00' West 227 34 feet along said Northerly right of
way, thence North 00° 55' East along the East right of way of said Anderson Lane 34 80 feet; thence
leaving said Anderson Lane and run South 89° 05' East 150.0 feet; thence North 00° 55' East parallel
with said Anderson Lane a distance of 143 20 feet; thence North 89° 05' West 150.00 feet to a point on
the Easterly right of way of said Anderson Lane, thence North 00° 55' East 150.00 feet to the true point
of beginning, in Springfield Lane County, Oregon.
ORDINANCE NO.6371
Exhibit D 9 of 9
EXHIBIT B
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ORDINANCE NO. 6371