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Ordinance 6393 01/07/2019
CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 611.3 AN ORDINANCE ANNEXING CERTAIN TERRITORY(895 SOUTH 57' STREET, THE EAST 250 FEET OF 873 SOUTH 57TH STREET, AND A 292-FOOT SEGMENT OF SOUTH 57 TO STREET RIGHT-OF-WAY) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC)Article 5.7-100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on October 25, 2018, said territory being Assessor's Map Township 18 South, Range 02 West, Section 04, Map 14, Tax Lot 400 and a portion of Tax Lot 300, which are addressed as 895 South 57" Street and the east 250 feet of 873 South 57" Street, and an adjacent 292-foot segment of South 57" Street right-of-way, which are generally depicted and more particularly described in Exhibit A to this Ordinance; 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; WHEREAS,this annexation has been initiated in accordance with SDC 5.7-125.A and ORS 222; WHEREAS, the territory proposed for annexation is within the Eugene-Springfield Metropolitan Area General Plan(more commonly known as the Metro Plan)and the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits. (SDC 5.7-140.A); WHEREAS, the annexation is consistent with the Springfield 2030 Refinement Plan— Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; WHEREAS, in accordance with SDC 5.7-150.A, upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying Low Density Residential zoning will be retained; 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 5.7-140.6), and to withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; WHEREAS, the applicant and City have executed an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for provision of public streets, sanitary sewer service, and other necessary utilities to the property; and Page 1 of 2 WHEREAS, on December 3, 2018, 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 COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common 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 Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Willakenzie Rural Fire Protection District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The withdrawal of territory described in Section 2 above from the Willakenzie Rural Fire Protection District shall become effective July 1, 2019. Section 4. The City Manager or the Development and Public Works Director shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. 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. Effective Date of Ordinance. This Ordinance shall become effective 30 days from the date of its passage by the City 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. ADOPTED by the Common Council of the City of Springfield this 7th day of .j �,,,rT 2019, by a vote of 5 for and 0 against. (1 Recused - Pi shi oneri ) APPROVED by the Mayor of the City of Springfield this 7th day of January , 2019. Mayor ATTEST: REVIEWED&APPROVED City a order AS TO FO DATE: OFFICEuF CITY ATTORNEY Page 2 of 2 ORDINANCE NO.6393 ENItilA1 Ni S 3 vW � Zo ali q gm �u - N "c w X i ysa _Io e 7eR . e . li 4 L 6Ei€S�iiiic §xI F' ,�s�,i `✓ .�vO 1 y _ �` - - t 3 I .m w A A zr _ reyv e' 1 I W x axe. N� Q • v a _ e I f vi ° • �Re e' �� x t-fig. N R h it c I_ • � v O �: f O M I 8Y y ------------- dsI xs ORDINANCE NO.6393 Exhibit A 2 of 2 LEGAL DESCRIPTION Tax Lot 400 and the East 250 feet of Tax Lot 300 of Lane County Oregon Assessor's Map 18- 02-04-14,and a portion of the right of way of South 57"Street in Springfield, Oregon;being more completely described as follows: Beginning at the Northwest corner of Lot 10, of Ridgecrest Estates as platted and recorded on File 75, Slides 229 and 230, Lane County Oregon Plat Records, Lane County,Oregon;thence North 89052'39"East 412.99 feet;North 0'06'18"West 290.62 feet;thence South 89059'47" West 250.00 feet;thence South 0005'17"East 145.85 feet;thence South 89°55'37" West 169.21 feet to the East right of way line of South 57" Street;thence North 1000'27"West 146.08 feet along said right of way,to the Springfield City Limits; thence South 89059'47" West 60.00 feet, more or less along the Springfield City Limits;thence South 1°00'27"East 291.66 feet along the Springfield City Limits;thence North 89052'39"East 64.00 feet more or less,to the point of beginning, in Springfield, Lane County, Oregon. ORDINANCE NO.6393 Exhibit B 1 of 17 City Of Springfield [ 3 SPHINOFtELO Development & Public Works 225 Fifth Street ��yy Springfield, OR 97477 Annexation Application Type IV Annexation Application Pre-Submittal: ❑ ___ Annexation Application Submittal: D Pro ert Owner: ai�k so==ic, nesse s Phyllis miller Phone: Address: PO sox 10092 Eugene, OR 97440 Fax: 883 S 57th street Springfield, OR 97477 E-mail: Owner Signature: Owner Signature: Agent Name: Sophie McGinley, Assistant Planner Phone 541-302-9830 Company: Metro Planning, Inc Fax: 370 Q Street Springfield, OR 97477 Address: E-mail eopM1ieamecroplarming.cem Agent Signature: If the applicant is other than the owner,the owner hereby grants permission for the applicant-to ad in his or her behalf,except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP NO: 1 18-02-04-14 TAX LOT NOS OD400 00300 Property Address: 895 S 57th Street Area of Request: Acres: 2.23 acres S Mare Feet: 97.138 eq ft Existing Use(s) single family dwelling (to be removed) of Property: Proposed Use low density residential subdivision of Property: Case No.: Date: Reviewed By: *!_ ��"��" I ?l f Q initials 1 Application Fee: , y2 Postage Fee: Total Fee: (p Date Received Revised 4/8/14 BJ Page B AV 25 201`8",�,� CVROAXO OQ- mss-- Exhibit B 2 of 17 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: /J z/ t/�//�/I�/� Date: SIgpture Jesse Miller 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,1 affirm the information fdentifled 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 227.178 pertaining to a complete application. Owner: [[11 ' s� Date: lera 9 Signiffture Phyllis Miller Print Date Received OCT 25 2010 Orimal Submittal Revised 4/8/14 aJ PPR9 oFJaMITTAL RECD SEP 14 2019 ORDINANCE NO.6393 Exhibit B 3 of 17 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: r Date: Sigt ure Jesse Millet 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, 1 affirm the information identified by the City as necessary for processing the application is proyided herein or the information will not be provided r 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 227.178 pertaining to a complete application. Owner: (Q� A� J.H_� ��ri11�� ../. GG!/iI Date: Signilture Phyllis Miller Print Date Received OCT 25 71 Original Submittal_ Revised 4/8/14 BI PagePRE9 URMITTaL RECD SEP 14 2018 ORDINANCE NO. 6393 Exhibit B 4 of 17 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. X Application Fee IspC 5.7-125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. X Petition/Petition Signature Sheet [SDC s.7-125(8)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted @ Pre- Submittal, with original copies @time of application submittal). Consent by Property Owners [ORS 222 170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). Certification of Ownership [soC 5.2-125(5)(5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). X Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). )< Supplemental Information Form (SDC 5.7-125(B)(1)and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted @ Pre- Submittal, with original copies @ time of application submittal). • Copy of the Deed (required at application submittal) • Copy of Preliminary Title Report (required at application submittal) Title Report has to be issued within the past 30 days documenting ownership and listing all encumbrances. Date Received Revised 4/8/14 B) Page 10 Aflb 25 2018 Origpm:RAWM_No.Won Exhibit B 5 of 17 X Annexation Description [soc 5.7-125(B)(9)) A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description shall consist of a series of courses in which the first course shall start at a point of beginning. Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval, IR Cadastral Map [SDC S.7-125(8)(10)) Three (3) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. If Digital Copy (in.pdf format) is not available, Nine (9) full-size paper copies and one (1) reduced size redline map at 8 1/2 x 11 are required. Paper copy maps must be printed to scale. On all submitted maps the annexation area shall be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. ORS 222.173 Waiver Form [soc 5.2-125(8)(8)) Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. X Public/Private Utility Plan [soc 5.7-125(8)(12)1 A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. X Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [soc 5.7-125(B)(13)and(14)) A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right—of-way or a stream lake or other body of water; - B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; 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 D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. XThree (3) copies of the previously required information. pate Received 5 ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO SYz" 8Y 11' AW2BOU20NNID BY RUBBER BANDS. incl Revised 4/8/14 BI pal' iI>p6S4bin ORDINANCE NO.6393 Exhibit B 6 of 17 ANNEXATION APPLICATION FOR RICK SORRIC WRITTEN STATEMENTp O Submittal No.: 1 r ./ .fn Document Date: September 28, 2018 � . Applicant's Request: Approval St-eet of a n of property located IUI)�nFwaaawuroc)runpwRw mEast of 5 57'^Street and South of 5 58'"Street 370QSTREF SPRINGFIELD,OREGON 9707 Property Owner/ Applicant: Rick Sordc 15411302-983) PO Box 10092 W W W.MEIROPIANNING.COM Eugene,OR 97440 Applicant's Representative/ Metro Planning,Inc. Planner/Project Coordinator: c/o Sophie McGinley,Assistant Planner 370 Q Street Springfield,OR 97477 Tel (541)302-9830 Subject Property: Map 18-02-04-14;Tax Lots 00400&00300 Location: East of S 57^Street and South of 5 58"'Street Property Size: 2.23 acres Zoning: LDR—Low Density Residential OF-10-Urbanlzable Fringe Overlay District Metro Plan: L—Low Density Residential Future Development Plans Proposed Proposal to subdivide subject property from with this Annexation: one parcel to twelve parcels for proposed low- density residential development permitted with site plan review Date Received OCT 25 2018 Original SlIblffl Cpl/— Somc&Miller Page i i ORDINANCE NO. 6393 Exhibit B 7 of 17 Background This is an annexation application for approximately 2.23 acre site,located at 895 S 57°Street and a porton of the property behind 883 S 57^Street,in an area zoned Low Density Residential (U)i 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 to city limits on three sides. The proposed annexation Is consistent with the City's Metro Plan designation,showing the land within the UGB and included in these plan diagrams. 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 Me City faun/finds that the proposal conforms m the following cnteria: A. The affected territoryproposed to be annexed is within the Gty's urban growth boundary, and is 1. Contiguous to Me city 6mib;-or 1 Separated from the Oily only by public right-of way or a stream,lake or other body ofwater. The subject property is contiguous to city limits on three sides:the northern, southern and eastern property lines adjacent to tax lot 00400 and a portion of tax lot 00300. B. The proposed annexation is consistent with applicable policies in the Mebro Plan and in anyapp/lcable refinement plans or Plan D/-gWcts,' The subject property is located within the City's urban growth boundary and in an area zoned UDR(low density residential). The Metro Plan diagram indicates that the property is designated for low density residential development. There is no applicable refinement plan for the area. Upon approval of this proposed annexation by the City Council the property will be zoned LDR and the Urban Fringe(UF-10)Overlay District will automatically cease to apply. C fie proposed annexation will result in a boundaryin which the minimum level ofkey urban facilities andser ims, as defined in the Metro Plan, can be provided in an ordedg effcientand amelymanner,' and The proposed boundary results in key urban facilities and services provided in an orderly, efficient and timely manner. Adjacent to the subject property on the west is South 57th Street,a public right-of-way, located outside City limits. This segment of South 57 Street that is adjacent to the subject property is included In this annexation application.Utilities required to serve the property are located within the rght-cf-way,as shown on the Site Plan. Electric power facilities are currently provided by Springfield Utility Board, natural gas facilities are provided by Northwest Natural,and wastewater and storm sewer lines are existing. Water is currently provided Springfield Utility Board. In addition the subject property is located approximately 0.7 miles from lane County District Transit(LTD) Thurston Station. D. Where applcable, hsca/impacts to the City have been mitigated Mrough an Annexation Agreement or other mechanism approved by the City Council Fiscal impacts to the City will be mitigated through this Annexation Agreement that may include improvements on South 571'Place built to city standards as a condition of development Date Received Sonic&Miner OCT 2 p%9a'lia Original Subfnittal qP- ORDINANCE NO.6393 Exhibit B 8 of 17 If there are any questions or concerns, please do not hesitate to contact me at Metro Planning via email (soohie0)metroolanri ng com)or phone(591-302-9830). Regards, Sophie McGinley Assistant Planner Date Received Sornc&Miller OCT 25 24, 13 Original Submittal ORDINA Exhibit B 9 of 17 LEGAL DESCRIPTION Tax Lot 400 and the East 250 feet of Tax Lot 300 of Lane County Oregon Assessor's Map 18- 02-04-14, and a portion of the right of way of South 57'"Street in Springfield, Oregon; being more completely described as follows: Beginning at the Northwest comer of Lot 10,of Ridgecrest Estates as platted and recorded on File 75, Slides 229 and 230, Lane County Oregon Plat Records,Lane County,Oregon; thence North 89052'39"East 412.99 feet;North 0006'18"West 290.62 feet; thence South 89059'47" West 250.00 feet; thence South 0005'l 7" East 145.85 feet; thence South 89°55'37"West 159.21 feet to the East right of way line of South 57" Street; thence North 1000'27"West 146.08 feet along said right of way;thence South 89059'47"West 60.00 feet; thence South 1°00'27" East 291.66 feet along the Springfield City Limits; thence North 89052'39" East 64.00 feet more or less,and the point of beginning, in Springfield, Lane County,Oregon. Date Received OCT 25 2018 Original Submittal ORDINANCE NO. 6393 Exhibit B 10 of 17 Na d C ai q W C N I c E a_• u` 4 xN c:a o U W E u U m o� a _ ¢ a W ti tl e mY - `o o E'mm O N [tU 5yv 5 o v ..Ea cl OC `d `m 6 co z'o 0 0 ° y Onj Jo m m E aaR N v Ko O O � ry T C p C •i N d � q ti a C m o P w 4 o �- U � nE N f i a W N O c m `o F Q m d V U - WCLL n m m .d, = p w a O N C v o y d w dov 3N C i0 ry �, y d E F• N N — C h 'N c0 W C N m w > .2 o E N K zap c _ m d !^ CE L d O Oce T LL C ON C = L v$ LLJ X N 4 O PO a QQ V N Z H .moi L u d0 C P2 y d O F a C O % xd C 2i d d G C 1a A yc h Z U � O vii C N 6 p Ory N y N `wa O y E u p d Da+ N H C E 0'. p q d ZZ \I I y 3 4 d m o L i C y C E W o nw y "=m v O 12 Z W ,20 V c m i m 0 3 Q a � > 3E d r $ a � Mem iio C c3 U _ y o c a C W p M O lL w m0 C N\ q O i X C VI 3 N () O O a V N p V� U ` ~ aL d .d. udi ' -U c U W d C X O ORDINANCE NO.6393 i - Exhibit B 11 of 17 LANE COUNTY Property Account Summary As0t9/132016 Stetu6:A"[We Account No.: 0560662 Altemuta Pmperty Number: 1602041400300 Account Type: Real Property TCA: 01937 Situa Address: 863 S 57TH ST SPRINGFIELD OR 97478 Legal: Township 18 Range 02 Section Dd Quarter 14 TL 00300 Parties: Role Name B"areas Owner MILLER JESSE H$PHYLLIS J 883 S 57TH ST SPRINGFIELD OR 97478 Taxpayer MILLER JESSE H 8 PHYLLIS J 683 S 57TH ST SPRINGFIELD OR 97476 Property Values: Value Nem. 2017 2016 2015 2014 21113 MKTTL $321,744 $281,458 $257.244 $254,106 $2221855 AVR $250,826 $243,520 $236,427 $229.541 $222.855 NR $250,826 $243,520 $236,427 $229,541 $222,855 Property Characteristics: Tax Year Characteristic Value 2017 Properly Class 191 Potential dev improvisor Change Property Ratio 1XX Residential - Sizo 1.4 Coda Split N Neighborhood 201500 Exemptions: (End of Report) Date Received OCT 25 2011 Original Submittal 'AN" Run:9/132018 2:09:50 PM ASC0037 IAsoand_Prad_Rptl Page t ORDINANCE NO. 6393 . Eoi4it B1a r 2 § . {w . ! ! f a_ab �Q E § !\ ! ) [ r; ! - \ 2 ) / i § )( { Vz � ! i _ bb) � - - \ / ƒ ) & \) § ) � BE £ » ; ; § { $ \ ( > / . } / � 00 U. / \R / J § c: /� ` m § ) ®f 2 \\ j j \ tu ^ }} ® } CL / ) ! m | : ■ § I { © ® tf � | {$ { a § / Z \ 2 # NO ! . : 2 ® _ 0 ; � 7 ! j ) 2 } ® ® a ` {\ �O � ( /> f) ih + E §! . ve ; w � . � tt � _ems Exhibit B 13 of 17 T LANE COUNTY Property Account Summary i Asa 7Y2 MIS StaNs:Active , Account No.: 0560688 Altemete PropertyNumter: 1802041400400 Account Type: Real Properly TCA: 01937 Situs ACEreac: 895 S 57TH ST SPRINGFIELD OR 97478 Legal: Township 18 Range 02 Section 04 Quarter 14 TL 00400 Parties: Role Name&Address Owner SORRIC RICK PO BOX 10092 EUGENE OR 97440 Taxpayer SORRIC RICK PO BOX 10092 EUGENE OR 97440 Properly Values: Value Name 2017 2016 2015 2014 2013 MKTTL $287,514 $255,071 $235.252 $232,840 $209,188 AVR $129,861 $126,079 $122,407 $118.842 $115.381 TVR $129,861 $126.079 $12 ,407 $118,842 $115,381 Property Characleriatice: Tac Year Characteristic Value 2017 Property Class 191 Potential day Improved! Change Property Ratio 1XX Residential Size 1,39 Code Split N Neight,imood 201500 Exemption: (EM of Report) Date Received OCT 25 2018 Run:7)2&201810:16:02 AM ASCO037[Ascer4_Pro0_Rp1] Page 1 Original Submittal ORDINANCE NO.6393 Exhibit B 14 of 17 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (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 18-02-04-14-00400 Rick S.rric 1.39 $129,B61 Y x 18-02-04-14-00300 Jesse & Phyllis Miller 0.84 $70,381 M x TOTALS: 2.23 $200,242 Y x TOTAL NUMBER OF OWNERS IN THE PROPOSAL 3 NUMBER OF OWNERS WHO SIGNED 3 PERCENTAGE OF OWNERS WHO SIGNED loot TOTAL ACREAGE IN PROPOSAL 2.23 ACREAGE SIGNED FOR 2.21 PERCENTAGE OF ACREAGE SIGNED FOR loos TOTAL VALUE IN THE PROPOSAL $200,242 VALUE CONSENTED FOR $200,242 PERCENTAGE OF VALUE CONSENTED FOR loot ived Revised 4/8/14 BJ 14 of 17 OCT 25 2018 o¢ijw1 MM:Htel 6#AY'' Exhibit B 15 of 17 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: Sophie McGinley E-mail: sophie®metroplanning.com Supply the following information regarding the annexation area. • Estimated Population (at present): 1 • Number of Existing Residential Units: 1 • Other Uses: n/a • Land Area: 2.23 total acres • Existing Plan Designation(s): urbanizable Fringe overlay • Existing Zoning(s): Low Density Residential • Existing Land Use(s): Low Density Residential • Applicable Comprehensive Plan(s): n/a • Applicable Refinement Plan(,): n/a • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. n/a • Are there development plans associated with this proposed annexation? Yes No If yes, describe. A future low density residential subdivision • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes x No ?7 . Please describe where the proposed annexation is contiguous to the city limits o� m o (non-contiguous annexations cannot be approved under 5.7-140, Criteria), �� In The proposed annexation is contiguous to city limits on the north of tax lot ? N Y a 00300, east of tax lots 00300 and 00400, and south of tax lot 00400. CD Mevised 4/8/14 ED Page 15 of 17 1 c ORDINANCE NO. 6393 Exhibit B 16 of 17 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 ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District © Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD © SUB €1 Willamalane Parks and Red District ❑ 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. Sophie McGinley, Assistant Planner (Name) (Name) 390 Q Street (Address) (Address) Springfield 90477 (City) (ZIP) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Z!P) (City) (ZIP) Date Received Revised 4/8/14 BI PO y65,1�171 0 ,�1, ED r Odgi**yk" £-JY0W;-- Exhibit B 17 of 17 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: 18-02-04-14-00400 895 S 57th Street Springfield, OR 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 N until Date Si natures of Le al Owners Please riot or a name Signa Date Signed Rick Sorric 7118118 W:lIKy00f NNONxfE MUSrt+PYWNGiION IORMi1.WIM31R%IPO].W VNIEOIW61✓K-NMXTY INNEu ilOvultKw RMI IOd).09.hT Sw1:Hmury 19,}016 Date Received Revised 4/8/14 BJ "M LJ 268 Origir@km — Exhibit C 1 of 7 SPRINGFIELD TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION ECaON ,k ; '��Av ! 41 j r �+�� I�-�_-" , +►tom �� . -�`� ALIe File Name: Sonic Annexation Applicant: Richard Sonic and Jesse&Phyllis Miller Case Number: 811-18-000203-TYP4 Proposal Location: 895 South 57a Street and the East 250 feet of 873 South 5716 Street(Map 18-02-04-14, TL 400&portion TL 300) Current Zoning& Comprehensive Plan Designation: Low Density Residential(LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: October 25, 2018 Associated Applications: 811-18-000139-PRE(Development Issues Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 ORDINANCE NO. 6393 Exhibit C 2 of 7 Review Process (Springfield Development Code [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,unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on August 28, 2018 (Case 811-18-000139-PRE). 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 owners who own all of the land and real property, and full assessed value of real property in the contiguous territory, have filed an application and petition requesting annexation to the City of Springfield(Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met Site Information: The subject annexation area consists of a rectangular 1.39-acre residential parcel at 895 South 57'" Street and the east 250 feet of the adjoining property to the north (873 South 57ih Street). The total area requested for annexation is approximately 2.23 acres. Concurrent with annexation of the subject property,a 292- foot long segment of South 57ih Street right-of-way along the site front es is proposed to be annexed. The property is located on the east side of South 57ih Street between South 581 Street and Ridge Crest Drive. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along portions of the northern,eastern and southern boundaries. Zoning for the property is Low Density Residential (LDR)with an Urbanizable Fringe Overlay(UF-10)applied. According to the applicant's submittal, the primary purpose of the annexation request is to facilitate a future residential subdivision of the property. In conjunction with frame development of the property, the applicant would be extending South 57°i Place to the northern boundary of the site and constructing street improvements along the South 57x' Street and South 576 Place frontages of the property. For these reasons, the applicant has executed an Annexation Agreement with the City that outlines the applicant's responsibilities and financial obligations for provision of public street improvements, utilities, and services to the property (Attachment 2, Exhibit D). 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/Springfteld under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontages. Unincorporated properties in the vicinity are served by individual wells as there is no rural water district in this area of south Springfield. 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 November 13, 2018, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the ORDINANCE NO. 6393 Exhibit C 3 of 7 Lane County Board of Commissioners. Newspaper Notice. Notice of the December 3, 2018 public hearing was published in The Register- Guard on November 19 and 26,2018. Posted Notice. Notice of the December 3,2018 public hearing was posted in five public places in the City: along the property frontages on South 57ih Street and South 571h Place; 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 underlying Low Density Residential zoning will be retained, but the Urban table 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 October 26,2018. 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) and as more specifically detailed in the adopted Springfield 1030 Refinement Plan— Urbanization Element. The property requested for annexation abuts the Springfield city limits along portions of the northern, eastern and southern boundaries. 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 and as more specifically delineated by the Springftleld 2030 Refinement Plan. Territorywithin 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: In December 2016,Springfield adopted the Springfield 2030 Refinement Plan- Urbanization Element as Springfield's comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. The Urbanization Element is effective but has yet to be acknowledged by LCDC. Finding: Under OAR 660-014-0070, "all appropriate goals must be applied during annexation by the city" of lands not subject to an acknowledged comprehensive plan. Goal 14 is appropriate to apply to this annexation ORDINANCE NO.6393 Exhibit C 4 of 7 because the Urbanization Element is unacknowledged. No other Statewide Planning Goals are directly applicable to this annexation, because acknowledged provisions of the Springfield 2030 Refinement Plan or Metro Plan implement all other relevant goals. Because the subject property is within the acknowledged urban growth boundary, the provisions of Goal 14 regarding establishment of the urban growth boundary and land need are not applicable to this annexation. Finding: Goal 14, OAR 660-015-0000(14) "Urbanizable Land" states, "Land within urban growth boundaries shall be considered available for urban development consistent with plans for the provision of urban facilities and services." The proposed annexation complies with Goal 14 because key urban facilities and services can be provided in an orderly,efficient and timely manner as explained further under Criterion C below. Finding: The territory requested for annexation is within a neighborhood that is zoned and designated for Low Density Residential (LDR)use. The adopted elements of the Springfield 2030 Refinement Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property, except that the Urbanizable Fringe (UF-10)overlay will be automatically removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Refinement Plan — Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Refinement Plan— Urbanization Element recognize 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 currently within the service area of Willakenzie Rural Fire Protection District The rural fire district has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of southeast 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 and emergency response services directly to the annexation area Finding: In accordance with Policy 33 of the Springfield 2030 Refinement Plan — Urbanization Element, Springfield Utility Board(SUB)is the exclusive water service provider within the Springfield city limits. Finding: In accordance with Policy 34 of the Springfleld 2030 Refinement Plan— Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service,that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Refinement Plan— Urbanization Element,the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition,a consent to annex agreement,or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate future subdivision of the property and construction of residential dwellings. Public sanitary sewer service is available along the South 57" Street and South 57°Place frontages of the site. Finding: The property owners submitted an application for annexation to the City (Attachment 2, Exhibit B), and have executed an Annexation Agreement with the City (Attachment 2, Exhibit D) which will be recorded at Lane County Deeds&Records upon finalization of the Annexation Ordinance. Finding: After the public hearing and upon Council adoption of the annexation Ordinance, the property will be annexed into the Willamalane Park & 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 ORDINANCE NO. 6393 Exhibit C 5 of 7 services to territory within the City of Springfield. The subject property is currently zoned and designated for Low Density Residential use and this zoning will be retained upon annexation. 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: In accordance with Policy 29 of the Springfield 2030 Refinement Plan — Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 1030 Refinement Plan — Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls;communication facilities;and public schools on a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan — Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits along portions of the northern, eastern and southern boundaries. Urban utilities have been extended along adjacent public streets and are available to serve the subject property, adjacent properties,and areas beyond the annexation territory. Therefore,the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property. 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 within incorporated areas of southeast Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation,the applicant will be eligible for extension of public water lines necessary to serve the planned subdivision of the property. Electriciri — SUB Electric provides service to the neighborhoods in southeast Springfield that are located to the north of the Mt. Vernon Road alignment. SUB owns and maintains electrical system infrastructure along South 57a Street. Existing electrical system infrastructure within the public rights-0f--way will continue to be maintained by the affected utility provider. Police Services— Springfield Police Department currently provides service to areas of southeast Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff s Department. Upon annexation,this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services—Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with the Willakenzie Rural Fire Protection District Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport(ambulance)services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other's jurisdictions. ORDINANCE NO.6393 Exhibit C 6 of 7 Parks and Recreation —Park and recreation services are provided to the City of Springfield by the Willamalane Park& Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Bob Keefer 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 property will be annexed to the Willamalane Park&Recreation District consistent with City policy and the adopted Willamalane Comprehensive Plan. Library Services—Upon annexation to the City of Springfield,the subject area will be within the service area of the Springfield Public Library. Schools Springfield School District serves this area of southeast Springfield. Based on the planned subdivision of the subject property and construction of residential dwellings, it is expected that the annexation territory could generate permanent residents and a school-age population in the future. Sanitary Sewer — The annexation territory contains existing public sanitary sewer lines in a portion of the South 57' Street frontage, and a sewer line is stubbed out at the southern boundary at South 57'Place. As detailed in the executed Annexation Agreement, the applicant will be responsible for extension of sanitary sewer lines necessary to serve the planned residential subdivision on the property. Storawater — The subject annexation territory is not currently served by a public stormwater management facility. Upon annexation and subdivision of the subject property, new stormwater management facilities will be required to serve the planned residential development on the site. Streets—The subject annexation area abuts South 57'h Street along a portion of the western boundary. South 57" Street is outside the City limits but has been developed to urban standards with curb, gutter and sidewalk, street trees, and street lighting. Concurrently with annexation of the subject property, an approximately 292-foot long segment of South 57"Street is proposed to be annexed. Additionally, South 57ih Place currently terminates at the southern boundary of the annexation area. Upon annexation and subdivision of the property, South 57th Place would be extended to the northern boundary of the site. Currently,the subject property lacks a continuous row of street trees along the South 57'h Street frontage so these will be required in conjunction with development of the residential subdivision. Solid Waste Manaeement — The City and Sampac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation,solid waste disposal service would be provided by Sanipac. Communication Facilities — Various providers offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls — The annexation area is within Springfield's urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Springfield 2030 Refinement Plan—Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with criterion C,Subsection 5.7-140. ORDINANCE NO.6393 Exhibit C 7 of 7 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 area proposed for annexation is mostly vacant and planned for a residential subdivision. The property owner has executed an Annexation Agreement with the City that outlines the applicant's financial responsibility for provision of public utilities and infrastructure necessary to some the property, including extension of public streets and sanitary sewer. Upon annexation and approval of a Public Improvement Permit for the project,the property owner will be responsible for the cost of constructing the public improvements necessary to some a residential subdivision of the property. Therefore, any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. 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 December 3, 2018, the City Council held a Public Hearing for the subject annexation request and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council approves,the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential (LDR) 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 OF-10 overlay will be automatically removed and the property will retain the LDR zoning. Effective Date and Notice of Approved Annexation(SDC 5.7-155): If the annexation is granted second reading and adopted by the City Council on January 7, 2019, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around February 6, 2019), or upon acknowledgement of filing with the Secretary of State—whichever date is later. Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150. Finding: The annexation area is within the delineated service territory of SUB (electric and water) and the Willakenzie Rural Fire Protection District (contracted fire response). The Cities of Eugene/Springfield will continue to 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 and a public hearing was held on December 3,2018. Finding: The City Council has determined that withdrawal from the rural service district is in the best interest of the City as the full range of urban utilities and services are available to serve the subject property. ORDINANCE NO. 6393 Exhibit D 1 of 10 ANNEXATION AGREEMENT This Annexation Agreement("Agreement")is made between the City of Springfield,anOregon municipal corporation("City")and Rick Sorric("APPLICANT'). RECITALS A, APPLICANT owns the parcel 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 the procedures in Springfield Development Code Section 5.7-100. B. APPLICANT has submitted to the City a request for Annexation,dated ,for Assessor's Map No. 18-02-04-14,Tax Lot 00400 &00300(partial),which is addressed as 873 South 57th St and is more particularly depicted in Exhibit B. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. 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 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan—Urbanization Element,and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment ,Od 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, storrawater 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 - Attn: Current Development Division Development&Public Works Department 225 Fifth Street Springfield,OR 97477 ANNEXATION AGREEMENT-Page 1 of 7 ORDINANCE NO.6393 Exhibit D 2 of 10 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located in South 57a'Place with adequate capacity to serve this property. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public storm sewer system is located in South 57" Place and has capacity to serve the Property. I. An interconnected transportation system with the existing and proposed land.uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to South 57th Place. The property also has frontage along South 57th Street - • South 57th Street is classified as a Collector roadway and is improved to current City standards. A portion of South 57'"Street will be annexed concurrently with the Property. • South 57"Place is a north-south local street with planned extension through the subject property. Dedication and improvement of South 57s Place to City standards to the northern property boundary of TL 00300 will be required at the time of subdivision or partition. The area to be dedicated and improved is generally depicted in Exhibit C,which is attached hereto and incorporated by reference. • Additional right-of-way dedication for South 57"Street is required from the Property to provide a uniform right-of-way width that is sufficient to meet City road standards. • Concurrently with annexation of the Property,the City intends to annex all existin� right-of-way from the subject tax lot,north to the existing City Limits on South 57 Street. • South 5P St is improved to full width with paving,curb and gutter and sidewalk. The frontage may require additional street trees and street lighting to current city standards;this will be determined at the time of subdivision and be included in the Public Improvement Permit for the subdivision. • South 57"St is an arterial and to maintain the traffic function and increase safety the future subdivision will be allowed one(1)access point to South 571h St regardless of the lot configuration. This access can be shared by multiple lots in accordance with requirements for driveways in the Springfield Development Code. J. In order to facilitate orderly develomem 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. ANNEXATION AGREEMENT—Page 2 of 7 ORDINANCE NO.6393 Exhibit D 3 of 10 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. I.I.I. APPLICANT shall dedicate an additional width of public street right-of-way along the South 57ei Street frontage of the Property to allow for a contiguous right of way width through the frontage of South 57" Street at both adjoining property lines to the north and south upon development or division of the property. 1.1.2. APPLICANT shall dedicate the South 57a' Place right-of-way m generally depicted in Exhibit B and shall improve South 57a'Place to full City standards: street paving, storm sewers,sanitary sewers,curbs,gutters,planter strips,sheet trees,street lights and sidewalks upon development or division of the property. ' 1.1.3. APPLICANT will replace/restore any missing,damaged or degraded portion of the frontage along South 57"St to modem standards upon development or division of the property.APPLICANT shall install street trees and upgrade lighting to current City of Springfield standards. 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further 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 Ci[v. Consistent with the above Recitals,City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council,and support APPLICANT's defense of any appeal of a decision to the City. However,the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs,executors,assigns,administrators,and successors of the parties hereto,and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded,at APPLICANT's expense,upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a ANNEXATION AGREEMENT—Page 3 of 7 ` ORDINANCE NO,6393 Exhibit D 4 of 10 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 further developed prior to the approval of a Partition 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 Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element 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 approved 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 or sea. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes(ORS)Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs,executors,assigns, ANNEXATION AGREEMENT—Page 4 of 7 ORDINANCE NO.6393 Exhibit D 5 of 10 administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidiry. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity sball 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. ANNEXATION AGREEMENT—Page 5 of 7 ORDINANCE NO.6393 Exhibit D 6 of 10 DATED this Lu'""day of y0Ve 20/ff IN WITNESS WHEREOF,the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLIC By: Difte Its: STATE OF OREGON COuNTYoF LANE SS THisINS/T,,,RUMENT WAS ACKNOWLEDGEDBEFORE ME ✓ l. ON AV ,-JVdU0 ,20{8 BY Rl*ak -<Xrrl'7C _ AS__ OF (APPLICANT) L®TAF .fin yTANYAD)ANNIANNEM®M !?bTARyptewlg /&'�, 'I' MYcoM, �' NOTARY PUBLIC FOR OREGON I NmWHI®iINRa§ ANNEXATION AGREEMENT—Page 6 of 7 ORDINANCE NO.6393 Exhibit D 7 of 10 CrrY OF GF By: Oino Grimaldi,City Manager. STATE OF OREGON r 55 COUNTY OF LANE J TAS 1149TRMIENT WAS ACKNOWLEDGED BEFORE M ON t-jGe^ bc2y Z40 2018 BY Oino r L AS a+u Mmaw OF" elLii o( pBY (CITY) u u OFFlOIAL STAMP AMY JO flIPKA NOTARY PUBUGO IEWN COMMISSION 140.974575 OT L •O ORE O.J MYCOMMISSIOM EXPIRES MAY17,2022 ANNEXATION AGREEMENT—Page 7 of 7 ORDINANCE NO. 6393 EXHIBIT A Exhibit D 8 of 10 LEGAL DESCRIPTION Tax Lot 400 and the East 250 feet of Tax Lot 300 of Lane County Oregon Assessor's Map 18- m 02-04-14,and a portion of the right of way of South 57 Street in Springfield, Oregon;being more completely described as follows: Beginning at the Northwest corner of Lot 10, of Ridgecrest Estates as platted and recorded on File 75, Slides 229 and 230, Lane County Oregon Plat Records, Lane County, Oregon;thence North 89°52'39" East 412.99 feet;North 0°06'18" West 290.62 feet;thence South 89059'47" West 250.00 feet;thence South 0°05'17" East 145.85 feet;thence South 89055'37" West 169.21 feet to the East right of way line of South 57 Street;thence North 1000'27" West 146.08 feet along said right of way,to the Springfield City Limits;thence South 89°59'47" West 60.00 feet,more or less along the Springfield City Limits; thence South 1000'27" East 291.66 feet along the Springfield City Limits;thence North 89052'39"East 64.00 feet more or less,to the point of beginning, in Springfield, Lane County, Oregon. ORDINANCE NO.6393 ExI4i m o-'i 10, S.E.114 N E.1/4 SEC 4T18S. R.2W W.M. Lane County Sllm 0 t03� rw E9Y a\ Y`\ 1 ,1zRt .""I ¢'-� a9= I' V , ✓ —00 YPi9'alW A9.W' jj m 9-37 W' I�$ 91Pb 31Yl 16921• �wr � '�bevy a �� � � SPj:)�� 1 Iv0°0 POIN1 OF w. ` r ' - �n9nwc S9sx'aPE a1z99xe99 �` inf�d � `� ,? msxms xm I m+s 9o1a 90 ug'°;`:g41 ia,soPo M alaeti EI\\ t 10 . v a B Y :r ` •nv ,�� gW06' 9R40 b � f � \9 .BNA vCRE»TDR I iN5�P3 E a110 6 g I \9 - I ,.. ... ... 9 Y181p5�P ae1Pc I 14]01 nn+^yn >99J 'd `: 1 ORDINANCE NO.6393 s � . � y � \ � �� ���1� ,` IIII■�7� �, ld �` � :. I- � �\► � � l� , its IL__:� `7�it„r w __I _ ��_���D 1\rl ��������' �, rt �h~ 1� � � ''`�!`�+ \ ? 1 dpi; � ��� i �I . .�� .. . . .