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HomeMy WebLinkAboutOrdinance 6399 04/15/2019 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6399 AN ORDINANCE ANNEXING CERTAIN TERRITORY (4050 JASPER ROAD AND ADJOINING VACANT LOT FACING HORACE STREET, AND A 532-FOOT SEGMENT OF HORACE 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 February 13, 2019, said territory being Assessor's Map Township 18 South, Range 02 West, Section 05, Map 23, Tax Lots 203 & 204, which is addressed as 4050 Jasper Road and an adjoining non-addressed lot, and an adjacent 532-foot segment of Horace 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 Medium 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.B); WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to concurrently withdraw the subject territory from the Willakenzie Rural Fire Protection District as Eugene-Springfield Fire will provide emergency response services directly to the area after it is annexed to the City and the withdrawal from the rural service district is in the City's best interest for the provision of urban services pursuant to Policies 31 and 32 of the Springfield 2030 Refinement Plan— Urbanization Element; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21. 2008: Page 1 of 2 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; WHEREAS, on April 1. 2019, 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, 2020. 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 15th day of April , 2019, by a vote of 6 for and n against. APPROVED by the Mayor of the City of Springfield this 15th day of April _, 2019. Mayor d ATTEST: REVIEWED&APPROVED 0 c-P City R corder ' D E: 1-// (ii?o r° OFFICE OF CITY ATTORNEY Page 2 of 2 ORDINANCE NO. 6399 EXHIBIT A, Page 1 of 1 EXHIBIT A — Map and Legal Description PROPERTY REQUESTED FOR ANNEXATION 1 - — i Irl I [!i!i!i!iliiifilliliffiiiiiiiiiiiniiigiiiiiilliMMINUNIVIMMIENNt ... ..::. ...:..stC.: sx ::a, :::,�xEiEts �_:: ---....._...._.__. Horace o ace Street v c fa •• Y _, N L .: ....: i II til ...::.:...:_.._:: .:.::.:.:.:::.. Jasper Road �j / \ 7_ v ____.... _ ---/ : \ i 7 ,/ N ----r----- -----r--- _______ LEGAL DESCRIPTION Beginning at the Northwest corner of Lot 3, of RETA FRANKLIN ADDITION, as platted and recorded in Book 28, Page 22, Lane County Oregon Plat Records, in Lane County, Oregon;thence run South 0°35' 30" East 256 feet more or less to the Southwest corner of said Lot 3;thence East 106 feet more or less to the Southeast corner of said Lot 3;thence North 0° 35' 30" West 128 feet;thence East 106 feet more or less to the East line of Lot 2;thence North 0°35' 30" West 128 feet more or less to the Northwest corner of Lot 1, of said RETA FRANKLIN ADDITION;thence along the North line of said Lot 1, North 89°59' 11" East 106 feet more or less to the Northeast corner of said Lot 1, and a point on the East boundary of said RETA FRANKLIN ADDITION; thence along said East boundary North 1° 19' 30" West 40.00 feet, to a point on the North boundary of said RETA FRANKLIN ADDITION, and City limits line of the City of Springfield; thence along said North boundary, and City limit line, South 89° 59' 11" West 532 feet more or less, to the Easterly right of way of Filbert Lane; thence along said Easterly right of way, South 0° 50' 33" East 50.00 feet; thence leaving said Easterly right of way line, North 44° 44' 03" East 14 feet more or less to the Southerly right of way of Horace Street; thence along said Southerly right of way North 89° 59' 11" East 203 feet more or less to the Point of Beginning, all in Lane County, Oregon. ORDINANCE NO. 6399 1011111MErr Aloft Aar. EXHIBIT B, Page 1 of 14 City of Springfield SPRINGFIELD Development & Public Works 225 Fifth Street11111116, Springfield, OR 97477 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: I . Annexation A. .lication Submittal: Required Proposal Information (Applicant: Complete This Section) Property Owner: Nicholas Chaney Phone: Address: Fax: E-mail: Owner Signature: - --- Owner Signature: Agent Name: Sophie McGinley, Assistant Planner Phone 541-302-9830 Com an Metro Planning, Inc Fax: p y� sophie0 Address: 370 Q Street, Springfied, O' 97477 E-mail metroplanning.com Agent Signature: AV � ay • If the applicant Is other than the Trner, the owner hereby gran s permission fo t - -•• .nt to act in his or her behalf,except where signatures of the owner of record are required,only the owner may sic.. e petition, ASSESSOR'S MAP NO: 18-02-05-23 TAX LOT NO(S): 00203 & 00204 (Property Address: 4050 Jasper Road, Springfield, OR 97478 Area of Request: Acres: 0 • 91 Square Feet: Existing Use(s) single family dwelling of Property: Proposed Use medium-density residential subdivision of Property: Required Property Information (City Intake Staff: Complete This Section) Reviewed By: 4) Case No.: �6 i►- /9 - 000UW -- o -- Q Li_ Date: I M'DD/� (initials) Application Fee: Jp 5(1, i I Postage Fee: (D rZ 9, Total Fee: 5L .t( Date Received Revised 4/8/14 BJ Pagelai-73 1019 ORDINANCE f4Q,6 99 f)rininai Suhmittal (�V' EXHIBIT B, Page 2 of 14 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: Date: Signature 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 227.178 pertaining to a complete application. Owner: - _ _......- Date: ("(?( 7 q ' ignature t'CLE Ci) Print Date Received FEB 13 "1 Revised 4/8/14 BJ Page 9 of 17 Original 3INkcE l6. 99 EXHIBIT B, Page 3 of 14 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 equests and requirements conveyed to my representative. Owner: Date: 1/ i S 1 nature ". -e-t--1 zAimii....., . ,&ez.E-K__ 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 227.178 pertaining to a co , te-application. -- Own _ ----) Date: 1 t I(? 1 I� s. Signature • sr— i cat C _ l •Tint Date Received Revised 4/8/14 BJn 13Page r 1-7 �'` - Qp!NAJJCE NOA6399 Qfiglilai iIutili tai____dry"--._. • • EXHIBIT B, Page 4 of 14 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. ® Application Fee [SDC 5.7-125(6)(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. ® Petition/Petition Signature Sheet [SDC 5.7-125(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 FORS 222.170(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). n Certification of Ownership [SDC 5.7-125(6)(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). ES 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). to Supplemental Information Form [SDC 5.7-125(8)(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). ei 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 � 'rf;'` Revised 4/8/14 B3 Page 10}of i7i` 3 `' Origi1QMNAW aribii6 alarm. EXHIBIT B, Page 5 of 14 ® Annexation Description [SDC 5.7-125(8)(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. Ni Cadastral Map (SDC 5.7-125(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. E] ORS 222.173 Waiver Form [SDC 5.7-125(B)(8)] Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. i Public/Private Utility Plan [SDC 5.7-125(B)(12)] 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. ® 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). [SDC 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. inThree (3) copies of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11'q?`AND((gOUSID.'BY RUBBER BANDS. Revised 4/8/14 BJ Page 11 6'f=i. !. 3 '/ ORDINANCE NO. 6399 Application C SP 2009 - For City Use Only FORM 1 rn a, M r LU 4— PETITION/PETITION SIGNATURE SHEET zz a) Annexation by Individuals v as [SDC 5.7-125(2)(b)(i)/ORS 222.170(1)] Q z Co0 0 ec ~ We, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent o 0° annexation to Lane County Metropolitan Wastewater Service District and Willamalane Parks and Recreation District, as deemed Ix necessary: Date I Residence Address Mapand Tax Lot Number Signature Signed Print Name Land Acres (street, city, zip code) (example: 17-04-03-00-00100) Owner (9tY)/ \ m/d/Y 2224 Sandy DriveC 1 ` II/151110 .6C-4-1-5 -✓xi!`-' D. Zi,ZC Eugene, OR 97401 18-02-05-2�-00203 �/�q-1----.'. 0- b 0 =1050 Tay_?e r- P-C4 1.-1.-C i2-o=- os-23- oo2o4 > G 3. 4. 1 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, 5c`�:A,Q... 1(y1c ice;�z '' (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. x , - /. 7 (signature of circulator) CERTIFICATION OF OWNERSHIP The total landowners in the proposed annexation are I (qty). This petition reflects that 1 (qty) landowners (or legal representatives) listed on this petition represent a total of in ri (%) of the landowners and 10 r- o (/o) 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. I \ Lane County Dep'artrnent f *ssessment and Taxation nate _,,P.1e ese 1psr U g Date Signed and Certified FEB 13 2'519 L r$."y Revised 4/8/14 BJ 12 of 17 Original Submittal L EXHIBIT B, Page 7 of 14 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 18-02-05-23-00203 4050 Jasper Rd, LLC 0.60 $173,240 Y Y 18-02-05-23-00204 4050 Jasper Rd, LLC 0.31 $15,907 N Y TOTALS: 0.91 $189,147 T Y TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 0.91 ACREAGE SIGNED FOR 0.91 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $189,147 VALUE CONSENTED FOR $189,147 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 4/8/14 BJ 14 of 17 ORDINANCE NO. 6399 EXHIBIT B, Page 8 of 14 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, Assistant Planner E-mail: sophie@metroplanning.com Supply the following information regarding the annexation area. • Estimated Population (at present): ° • Number of Existing Residential Units: 1 • Other Uses: n/a • Land Area: 0.91 total acres • Existing Plan Designation(s): • Existing Zoning(s): MD- Medium Density Residential OF-10 Urbanizable Fringe Overlay District • Existing Land Use(s): Single Family Dwelling • Applicable Comprehensive Plan(s): Metro Plan • Applicable Refinement Plan(s): n/a • 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. medium density subdivision • 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). The subject property is contiguous to city limits on one side: the southern property line adjacent to tax lot 00203 nate Re Dived Revised 4/8/14 BJ Page 15 of 17 ORDINANCE NO. b.3 EXHIBIT B, Page 9 of 14 Does this application include all contiguous property under the same ownership? Yes " 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 0 Rainbow Water and Fire District ❑ Eugene School District 0 Pleasant Hill School District ❑ Springfield School District El McKenzie Fire & Rescue ❑ Pleasant Hill RFPD 0 Willakenzie RFPD ❑ EPUD © SUB ❑ 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. Sophie McGinley, Assistant Planner (Name) (Name) 370 Q Street (Address) (Address) Springfield 97477 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Date Received Revised 4/8/14 BJ Page tc.,91 7 EXHIBIT B, Page 10 of 14 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: oo2O3 8- 02- 05 •-.Z3-odzoq 4-Q60 Jasf2c 5-v. 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 SI nature Date Signed D &pg. LCOG: L•18g20088OUNCHANGE TRANSITIONIAPPLICATION FORFISISPRINGFIELOI10-03.08 UPDATED FORMSIPRE.SUBNITTAL ANNEXATION APPLICATION 10-07-08.000 Last Saved:January 19,2016 Date RoceiV;(1 Revised 4/8/14 BJ Pag 7 0 17 ,,;. ., ORDINANCE J40. 63 C)rininal EXHIBIT B, Page 11 of 14 • 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: 9 —f)� - F, - 27 4O! -joksp�.r Knn ct . 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 effectivep indefinitely or [ ] until Date Signatures of Legal Owners Please print or type name Signature Date Signed Nicholas Chaney � /7 /I LCOG: L:tBC12008 BOUNCHANGE TRANSITIONIAPPLICATION FORMS�SPRINGFIELDI10-O7-08 UPDATED FORMSyPRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08.D0C Last Saved:January 19,2016 Dato Received Revised 4/8/14 BJ Paga=1,7-pf317!-mo pRgIIV/�NC .�10. 6 EXHIBIT B, Page 12 of 14 a,> ANNEXATION APPLICATION FOR • NICHOLAS CHANEY WRITTEN STATEMENT • Submittal No.: 2 Document Date: February 13, 2019 METROPLANNING Applicant's Request: Approval of annexation of property located at LAND USE PLANNING AND CONSULTING SERVICES 4050 Jasper Street Street. 370 Q STREET SPRINGFIELD.OREGON 97477 Property Owner/ Applicant: Nicholas Chaney (54I)302-9830 4050 Jasper Rd, LLC WWW.METROPLANNING.COM 2224 Sandy Drive Eugene,OR 97401 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 18-02-05-23;Tax Lots 00203, 00204 Location: 4050 Jasper Street Property Size: 0.91 acres Zoning: MD—Medium Density Residential OF-10- Urbanizable Fringe Overlay District Metro Plan: M-Medium Density Residential Future Development Plans Proposed Proposal to subdivide subject property from with this Annexation: one parcel to four parcels for proposed medium-density residential development permitted with site plan review Date Rocetv4 .13 Nicholas Chaney Page I 1 Ori;E)rl! ORDINANCE NO. 6399 EXHIBIT B, Page 13 of 14 Background This is an annexation application for approximately 0.91 acre site, located at 4050 Jasper Road, in an area zoned Medium Density Residential(MDR). 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 one side. The proposed annexation is consistent with the Cily'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 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. The subject property is contiguous to city limits on one side: the southern property line adjacent to tax lot 00203. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; The subject property is located within the City's urban growth boundary and in an area zoned MDR(medium density residential). The Metro Plan diagram Indicates that the property is designated for medium 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 MDR and the Urban Fringe(UF-10)Overlay District will automatically cease to apply. • 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 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 south is Jasper Road,a public right-of-way, located within city limits.Additionally,to the north of the subject property is Horace Street,a public right-of-way, located outside city limits.The segment of Horace Street adjacent to the subject property is Included in this annexation application. Utilities required to serve the property are located within the right-of-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 via an onsite well. In addition the subject property Is located approximately 0.7 miles from Lane County District Transit(LTD) Thurston Station. D. Where applicable, fiscal impacts to the City have been mitigated through 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 Jasper Road and/or Horace Street built to city standards as a condition of development. Nicholas Chaney i j Rage 1 2 ORDINANCE NO.53_99,— ! EXHIBIT B, Page 14 of 14 If there are any questions or concerns, please do not hesitate to contact me at Metro Planning via email (sophie(ametroplanning.com)or phone(541-302-9830). Regards, Sophie McGinley Assistant Planner Nicholas Chaney ''Page 3 QRDINACi��1 NEE N9 EXHIBIT C, Page 1 of 7 SPRINGFIELD TYPE IV— ANNEXATION t• STAFF REPORT AND RECOMMENDATION OREGON tu1. • �� ik !- ,3 `-� , ,, '•,� "' . lam` `- A >�' 'K i.S,. 1.A. ; * 0mottA A4441,% ,,,.,..., . _k0 •••• '4-1 ';'•it it4. : • ' ItY Arfa,.. . . , _ A" 4 '''' ' ---*-—Aiinexation . 1,- ...±_....._.....„1„._,`' _ X31 tr y poSEd far-Atik _ f 4 rC ,ate-�: ,�,h `,{ � Pi .�„... �_ sis T .,,,i1 r 1"8°17:: ,,!...: iti • ♦ •. - em - t 4p-. -- -:- 1 ,, Q. ` } ,,,a,. . ; �' 4i*, '-. m r t%' CityLimit' ' xz • ___.tt .fly3 CK��F :.. m - IIT•' i► ' ' +�a:,,,. 'R r� .-J la la '� a t tom` }'::'- —,'":?.,"t - g . 'c /, . At, �i fir • e f lgt, ti r File Name: Chaney Annexation Applicant: Nicholas Chaney Case Number: 81 1-19-000040-TYP4 Proposal Location: 4050 Jasper Road, Vacant Parcel on Horace Street (Map 18-02-05-23, TL 203 & 204). and 532-foot segment of Horace Street right-of-way Current Zoning & Comprehensive Plan Designation: Medium Density Residential (MDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: February 13. 2019 Associated Applications: 811-18-000192-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 541-726-1036 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293 Building Official Building David Bowlsby 541-736-1029 ORDINANCE NO. 6399 EXHIBIT C, Page 2 of 7 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications,unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on November 1, 2018 (Case 811-18-000192-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 owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield(Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of an inverted L-shaped property that is approximately 0.91 acres in size and contains an existing single family dwelling. The property is located on the north side of Jasper Road between Filbert Lane and South 42nd Street. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern and southern boundaries. Concurrent with annexation of the subject property, the non-annexed portion of a segment of Horace Street between Filbert Lane and the City limits line to the east is proposed for annexation. (A ten- foot strip of the north portion of the Horace Street right-of-way was annexed previously to accommodate sidewalk construction next to Mt. Vernon Elementary School.) The linear segment of right-of-way proposed for annexation is approximately 532 feet in length and it abuts the northern boundary of the subject property. Zoning for the property is Medium Density Residential (MDR) 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. The applicant is proposing to extend public utilities eastward along Horace Street to serve the planned subdivision. A public sanitary sewer line would be extended eastward from its current terminus near the intersection with Filbert Lane to the eastern boundary of the subject property. The Jasper Road frontage of the property is considered improved to urban standards but the applicant will be responsible for improving the Horace Street frontage of the property at the time of future site development. For this reason, an Annexation Agreement has been prepared for execution by the applicant and the City that outlines the applicant's responsibilities and financial obligations for provision of public streets,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,), schools (Springfield School District), roads (City of Springfield and Lane County), and Fire (Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontage. Unincorporated properties in the vicinity are served by individual wells or, for certain properties, by SUB as the successor to the now-defunct Willamette Water District as there is no rural water district serving this area of south Springfield. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer, water (through SUB),electricity(through SUB),and police/fire response to the subject area. ORDINANCE NO. 6399 EXHIBIT C, Page 3 of 7 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 March 8,2019, 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 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. The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-19-000040-TYP4. Newspaper Notice. Notice of the April 1, 2019 public hearing was published in The Register- Guard on March 18 and 25,2019. Posted Notice. Notice of the April 1, 2019 public hearing was posted in four public places in the City: along the property frontages on both Jasper Road and Horace Street;at Springfield City Hall;and on the electronic display in the foyer of the Development and Public Works office. Notice was also provided on the City of Springfield website. Finding: Upon annexation of the subject territory to the City, the underlying Medium Density Residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on February 20,2019. 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 2030 Refinement Plan— Urbanization Element. The property requested for annexation abuts the Springfield city limits along the southern boundary and is separated from the City limits line to the north by the Horace Street right-of-way which is also proposed for annexation. 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 Springfield 2030 Refinement Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. ORDINANCE NO. 6399 EXHIBIT C, Page 4 of 7 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 Springfield 2030 Refinement Plan - Urbanization Element was acknowledged by the the-State of Oregon's Land Conservation and Development Commission (LCDC) through an order issued and became effective is effective but has yet to be acknowledgedand was aeknowlcdgcd by the state Land Conservation and -Development Commie ion(LCDC)on March 5. 2019. • longer specifically applies to this annexation because the C•tv's Urbanization Elcmcnt is now • . . . . . - --- --goals. Because the subject property is within the acknowledged urban growth boundary, the provisions of Goal-1.4 ..b: .. ...-- - . • .. ... .. . . . . . ... .. - .. . :hall b: considered available for urban development consistent with plans for the provision of urban facilities and ;crvices.- 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 an area that is zoned and designated for Medium Density Residential (MDR) 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, although the Urbanizable Fringe(UF- 10)overlay will be effectively 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 south Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.520 and 222.524 and the combined fire and life safety departments of the Cities of Eugene& Springfield will provide fire protection service directly to the annexation area. Finding: In accordance with Policy 33 of the Springfield 2030 Refinement Plan— Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. Finding: In accordance with Policy 34 of the Springfield 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. ORDINANCE NO. 6399 EXHIBIT C, Page 5 of 7 Finding: The requested annexation is to facilitate future subdivision of the property and construction of multi- family residential dwellings. Public sanitary sewer service is available just west of the subject property near the intersection of Filbert Lane and Horace Street. The applicant will be required to extend the public sewer line eastward along Horace Street to serve the subject site and adjacent properties(in the future, upon annexation). Finding: The property owner submitted an application for annexation to the City (Attachment 2, Exhibit B), and Ian Annexation Agreement has been - . executed by the City and applicant (Attachment 2, Exhibit D). 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 2030 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 the southern boundary, and is separated from the City limits by the Horace Street right-of-way along the northern boundary. 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 south 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. Electricity — SUB Electric provides service to the neighborhoods in south Springfield that are located to the north of the Mt.Vernon Road alignment. SUB owns and maintains electrical system infrastructure along South 42nd Street, Jasper Road, and within the adjacent neighborhood. Existing electrical system infrastructure within the public rights-of-way will continue to be maintained by the affected utility provider. Police Services — Springfield Police Department currently provides service to areas of south Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff's Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services— Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with 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. ORDINANCE NO. 6399 EXHIBIT C, Page 6 of 7 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 I jurisdictions. 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 for Sports and Recreation, 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, an intergovernmental agreement between the City of Springfield and Lane County,and the adopted Willamalane Comprehensive Plan. Library Services— Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Schools — The Springfield School District serves this area of south 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. The proposed annexation territory is adjacent to Mt. Vernon Elementary School which is located on the northeast corner of Filbert Lane at Horace Street. The Springfield School District has capacity to serve the annexation area in its current configuration and upon development of multi-family housing on the property. Sanitary Sewer — The annexation territory does not contain existing public sanitary sewer lines but connection points are available in the immediate vicinity. Staff advises that the most feasible connection point is just west of the site near the intersection of Filbert Lane and Horace Street. As detailed in the Annexation Agreement, the applicant will be responsible for extension of public sanitary sewer lines necessary to serve the planned residential subdivision on the property. Stormwater — The subject annexation territory is not currently served by public stormwater management systems except for the improved Jasper Road frontage. Extension and expansion of the public stormwater system will occur concurrently with construction of public street improvements and utilities necessary to serve a residential subdivision on the property as specified in Exhibit D,the Annexation Agreement. Streets—The subject annexation area abuts Jasper Road, which has been developed to urban standards with curb, gutter and sidewalk, lane striping,street trees,and street lighting. The northern edge of the annexation area abuts Horace Street, which is not currently annexed and developed to urban standards. The full length of non-annexed Horace Street right-of-way between Filbert Lane and the City limits line to the east is proposed for annexation concurrently with the subject property. With annexation and development of a residential subdivision on the property, the applicant will be responsible for improving the segment of Horace Street along the northern boundary. Solid Waste Management — The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation,solid waste disposal service 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 ORDINANCE NO. 6399 EXHIBIT C, Page 7 of 7 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. D. Where applicable,fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved bythe CityCouncil. PP Finding: The area proposed for annexation is a parcel containing an existing single family dwelling and an adjoining vacant parcel; both parcels are planned for a residential subdivision. An Annexation Agreement has been prepared executed that outlines the applicant's financial responsibility for provision of public streets and utilities necessary to serve the property, including extension of public sanitary sewer(Exhibit D). The Annexation Agreement will need to be executed by the applicant and City for the annexation action to be concluded. 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 serve 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. 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 provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield was in the best interest of the City. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Refinement Plan — Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory,and existing special service districts within the City's UGB are to be dissolved over time. ! e ! • e • e • . 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. ORDINANCE NO. 6399 EXHIBIT D, Page 1 of 10. ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation("City")and Nicholas Chaney("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 February 19,2019,for Assessor's Map No. 18-02-05-23,Tax Lots 00203 &204. 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 Medium Density Residential (MDR) on the Metro • Plan and is zoned MDR 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 be provided with the minimum level of key urban facilities and services as defined in the Springfield 2030 Refinement Plan— Urbanization Element, Policies 31 and 32 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 available to the Property at 4050 Jasper Road with • the improvements completed as required by this agreement. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the'City's requirements for the provision of key urban services,including long term public sanitary sewer, stormwater management systems, interconnected transportation systems,and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation • request. • After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Development&Public Works Department Attn: Engineering Division 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT—Page 1 of 7 ORDINANCE NO. 6399 EXHIBIT D, Page 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. • A sewer main exists near the intersection of Filbert Lane and Horace Street. This main will need to be extended in Horace Street to the western property boundary of the subject Tax Lots for any further development of these properties. 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 stormwater main in Horace Street that is accessible to this 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. • Horace Street right-of-way along the northern boundary and Jasper Road right-of- way along the southern boundary provides transportation access to the property. The property will only be allowed to use the existing Driveway to Jasper Road, as it currently exists,for access to a single dwelling unit fronting Jasper Road. Upon redevelopment or intensification of use on the property any additional access points will be required to use Horace Street. 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,Partition Plat, or Final Site Plan approval and Public Improvement Plan approval,APPLICANT agrees to perform the obligations set forth in this section. 1.1. Apply for,and obtain, Subdivision or Partition Tentative Plan approval or Final Site Plan approval from the City,pursuant to SDC 5.12-100 for a medium density residential development on the Property prior to any further development. This Paragraph is subject to the requirements of Paragraph 8,below. 1.2. Apply for, and obtain, Subdivision or Partition Plat approval (if required for a subdivision or partition)from the City,pursuant to SDC 5.12-100 for a residential subdivision on the Property as required by the development agreement. This Paragraph is subject to the requirements of Paragraph 8, below. • ANNEXATION AGREEMENT—Page 2 of 7 • ORDINANCE NO. 6399 • EXHIBIT D, Page 3 of 10 1.3. Subject to development 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 bear 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 Engineering Design Standards and Procedures Manual(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). The boundary tributary service areas will be to the east of the property boundary to be extended by future development along Horace Street. 1.3.1.1. Sewer service to this property will require extension of an existing • sanitary main at the western end of Horace Street near to the intersection with Filbert Lane,as shown in Exhibit C. The line currently terminates in a cleanout. The line will be extended to the eastern edge of TL 18-02-05- 23-00204 where it will be terminated in a manhole. Laterals will be extended to the south as determined during the PIP design process. 1.3.2. Stormwater management systems to collect,treat, convey,detain as deemed necessary,and discharge stormwater from the Property into the public stormwater lines, as shown in Exhibit C. 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. Full width improvements of Horace Street that match the built or planned improvements to the east(part of the Jasper Junction Development) in pavement width, curb and gutter, Street Trees, Street Lights and sidewalk. 1.4. Prior to Public Improvement Plan approval by the City,for any portion of the Property, APPLICANT will provide financial security acceptable to the City for all costs associated with the 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. ANNEXATION AGREEMENT—Page 3 of 7 ORDINANCE NO.6399 EXHIBIT D, Page 4 of 10 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 the purposes of this Agreement,the full cost shall include design, construction, acquisition of land and/or easements, studies,permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. • 2. Obligations of City. Consistent with the above Recitals, City agrees to: • 2.1 Initiate and support annexation of the Property to the City before the Common Council and support APPLICANT's defense of any appeal of a decision to the City. However,the City will not assume any financial responsibility to provide legal counsel on appeal. 2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan, Subdivision Plat, and Public Improvement Plan applications in accordance with City procedures for the development of the Property. 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 or Final Site Plan and Public Improvement Plans for the sanitary sewer system, stormwater management system,and transportation system for the proposed development. • 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers,petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property,under any Improvement Act or proceeding of the State of Oregon, Lane County or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of • spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written ANNEXATION AGREEMENT—Page 4 of 7 ORDINANCE NO. 6399 EXHIBIT D, Page 5 of 10 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 suchthat Common Council. This Agreement shall not be modified t t he minimum level of key urban facilities and services as defined in the Springfield 2030 Refinement Plan— Urbanization Element,Policies 31 and 32 and as required herein are not provided in a timely manner to the • Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or • agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program(LDAP)permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense,all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands its rights under Dolan v. City of Tigard, 512 U.S.374,114 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 ANNEXATION AGREEMENT—Page 5 of 7 ORDINANCE NO. 6399 EXHIBIT D, Page 6 of 10 may be required under ORS 279C.836; C. requiring that any contractor or subcontractor shall comply with each and every provision of ORS279C.800—870,with respect to Such PROJECT. Any and all cost estimates shall be prepared on the basis of prevailing rates of wage. •DATED this Zhcl day of /6\06I ,20J IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. Ii APPLICANT Mc.k C11qn.ej OWNER STATE OF OREGON COUNTY OF LANE } SS110( BE IT REMEMBERED that on this 2 day of pL, , 2019 before me, the undersigned, a notaryublic in and for said County and State, personally appeared the within named I Chvias Chan-eLf whose identity was proved to me on the basis of satisfactory evMence and who executed the within instrument and acknowledged to me that N I(h¢I 4S 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. OFFICIAL STAMP OTAR PUBLIC FOR OREGON • TANYA DIANNE MCMURRIAN m NOTARY PUBLIC-OREGON a O 3 • MY COMMISSION IEXPIRESMARCH03,2023 MY COMMISSION EXPIRES • ANNEXATION AGREEMENT—Page 6 of 7 • ORDINANCE NO. 6399 EXHIBIT D, Page 7 of 10 CITY OFNG LD By: • Gino Grimaldi, City Manager STATE OF OREGON COUNTY OF LANE SS � BE IT REMEMBERED that on this gcl day of [ , 20Icl before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that he is the City Manager of the within named municipal corporation and does acknowledge said instrument to be the free act and deed of said municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Common Council. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. OFFICIAL STAMP NOTARY a: Id c R GREG.N AMY JO RIPKA NOTARY PUBLIC-OREGON � COMMISSION NO.974575 MY COMMISSION EXPIRES MAY 17.2022 Mau ` av1044S\ t ( L222 MY OMSION 'XPIRES REVIEWED&APPROVED AST FR ATE: `/•3Zci OFFICE OF CITY ATTORNEY ANNEXATION AGREEMENT—Page 7 of 7 ORDINANCE NO. 6399 EXHIBIT D, Page 8 of 10 EXHIBIT A Legal Description Beginning at the Northwest corner of Lot 3, of RETA FRANKLIN ADDITION, as platted and recorded in Book 28, Page 22, Lane County Oregon Plat Records, in Lane County, Oregon;thence run South 0°35'30" East 256 feet more or less to the Southwest corner of said Lot 3;thence East 106 feet more or less to the Southeast corner of said Lot 3;thence North 0° 35' 30" West 128 feet;thence East 106 feet more or less to the East line of Lot 2; thence North 0°35' 30"West 128 feet more or less to the Northwest corner of Lot 1,of said RETA FRANKLIN ADDITION;thence along the North line of said Lot 1, North 89°59' 11" East 106 feet more or less to the Northeast corner of said Lot 1,and a point on the East boundary of said RETA FRANKLIN ADDITION; thence along said East boundary North 1° 19' 30" West 40.00 feet, to a point on the North boundary of said RETA FRANKLIN ADDITION, and City limits line of the City of Springfield;thence along said North boundary, and City limit line, South 89° 59' 11" West 532 feet more or less, to the Easterly right of way of Filbert Lane; thence along said Easterly right of way, South 0° 50' 33" East 50.00 feet; thence leaving said Easterly right of way line, North 44°44' 03" East 14 feet more or less to the Southerly right of way of Horace Street; thence along said Southerly right of way North 89°59' 11" East 203 feet more or less to the Point of Beginning,all in Lane County,Oregon. 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