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HomeMy WebLinkAboutItem 12 Richardson Sports AnnexationAGENDA ITEM SUMMARY Meeting Date: 1/21/2020 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541/726-3784 Estimated Time: 10 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX 8.37 ACRES OF CAMPUS INDUSTRIAL PROPERTY LOCATED AT 500 INTERNATIONAL WAY (MAP 17-03-15-40, PORTION OF TAX LOT 600). ACTION REQUESTED: Conduct a second reading and adopt/not adopt the following ordinance: AN ORDINANCE ANNEXING CERTAIN TERRITORY (PORTION OF 500 INTERNATIONAL 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 (SECOND READING). ISSUE STATEMENT: The City Council is requested to consider an ordinance to annex 8.37 acres of property zoned and designated Campus Industrial located at 500 International Way in the Gateway area of north Springfield. The proposed annexation is requested to facilitate further development of the Richardson Sports manufacturing facility. ATTACHMENTS: Attachment 1: Location Maps Attachment 2: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application Exhibit C: Staff Report and Recommendations Exhibit D: Annexation Agreement DISCUSSION/ FINANCIAL IMPACT: The City Council conducted a public hearing and gave first reading to the annexation ordinance at the regular meeting on January 6, 2020. The only testimony provided at the public hearing was from the applicant’s representative. If approved, the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State, whichever date is later. The territory requested for annexation is the mostly-vacant, rear portion of an existing business headquarters and industrial manufacturing facility addressed as 500 International Way. The property is zoned and designated for Campus Industrial (CI) use with an Urbanizable Fringe Overlay (UF-10) applied and it is located inside the City’s Urban Growth Boundary. As outlined in the attached staff report (Attachment 2C), the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Refinement Plan – Urbanization Element. The attached staff report also confirms the request meets the criteria of approval for annexations established in Section 5.7-140 of the Springfield Development Code. An Annexation Agreement that allocates financial responsibility for the provision of future transportation improvements, and extension of urban utilities and services to the property has been executed by the applicant and City (Attachment 2D). The annexation agreement has been slightly revised from the draft version that appeared in the packet for the January 6 public hearing. Recommendation: The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council is requested to conduct second reading and adopting the ordinance annexing this property to the City and Willamalane Park & Recreation District, and withdrawing same from Willakenzie Rural Fire Protection District. The requested annexation action is consistent with all applicable laws. LOCATION OF PROPERTY PROPOSED FOR ANNEXATION SITE  Attachment 1, Page 1 of 2 811-19-000250-TYP4 – PROPOSED ANNEXATION OF 8.37 ACRES FOR BUILDING AND PARKING LOT EXPANSION 500 INTERNATIONAL WAY (MAP 17-03-15-40, TL 600) SITE CONTEXT MAP SITE International Way Sports Way Corporate Way City Limits Attachment 1, Page 2 of 2 Page 1 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (PORTION OF 500 INTERNATIONAL 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 18, 2019, said territory being Assessor’s Map Township 17 South, Range 03 West, Section 15, Map 40, Portion of Tax Lot 600, which is addressed as 500 International Way and is 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.B), 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 WHEREAS, on January 6, 2020, 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 Attachment 2, Page 1 of 115 Page 2 of 2 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 & Public Works Director or their designee shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. Section 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 day of , 2020, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of , 2020. ATTEST: Mayor City Recorder Attachment 2, Page 2 of 115 EXHIBIT A LEGAL DESCRIPTION Situated in the Southeast ¼ of Section 15, Township 17 South, Range 3 West of the Willamette Meridian and described as follows: All that certain real property, being a portion of REVISED PARCEL 1 of Land Partition Plat No. 94-P0500 as said REVISED PARCEL 1 is described in Exhibit “A” of that certain Individual Warranty Deed recorded February 3, 1995 on Reel 2037R as Document Number 9507626 in the Lane County Official Records, Lane County, Oregon, and as shown on that certain Final Map Boundary Line Adjustment for Leona M. Rice and Harold E. Rice, as said Final Map was filed on December 21, 1994 as County Survey File No. 32484, Lane County Surveyor’s Office, Lane County, Oregon, said certain real property being more particularly described as follows: COMMENCING at the Southeast corner of the aforementioned REVISED PARCEL 1; THENCE along the East boundary of said REVISED PARCEL 1 North 00°00’39” West 486.05 feet to a point on the existing Springfield City Limits boundary, as said boundary is enacted under FINAL ORDER 1045 (C SP 95-45), and the TRUE POINT OF BEGINNING of this description; THENCE leaving said East boundary and running along said existing Springfield City Limits boundary the following (4) courses; 1. West 551.80 feet; 2. South 405.59 feet to the North margin of International Way; 3. Along the North margin of International Way, being a curve to the left having a radius of 1034.00 feet, the chord of which bears North 88°49’19” West 44.84 feet, a distance SITE International Way City Limits International Ct Corporate Way Exhibit A, 1 of 2 Attachment 2, Page 3 of 115 of 44.84 feet to a point marked by a 5/8” rebar with yellow plastic cap marked “BRANCH ENG. LS 2609”; 4. Continuing along said North margin of International Way South 89°56’08” West 27.01 feet to the Southwest corner of REVISED PARCEL 1 being marked by a 5/8” rebar with yellow plastic cap marked “BRANCH ENG. LS 2609”; THENCE leaving the North margin of International Way and the existing Springfield City Limits boundary and running along the boundary of said REVISED PARCEL 1 the following (4) courses; 1. Along the West line of said REVISED PARCEL 1 North 00°00’39” West 1103.92 feet to a point on the Southerly ordinary high water line of Maple Island Slough being marked by a 5/8” rebar with yellow plastic cap marked “BRANCH ENG. LS 2609”; 2. Along said ordinary high water line South 60°46’21” East 315.53 feet to a point marked by a 5/8” rebar with yellow plastic cap marked “BRANCH ENG. LS 2609”; 3. Continuing along said ordinary high water line South 67°33’50” East 376.94 feet to a point marked by a 5/8” rebar with yellow plastic cap marked “BRANCH ENG. LS 2609” being the Northeast corner of said REVISED PARCEL 1; 4. Leaving said ordinary high water line running along the East line of said REVISED PARCEL 1 South 00°00’39” East 401.30 feet, returning to the TRUE POINT OF BEGINNING of this description. Exhibit A, 2 of 2 Attachment 2, Page 4 of 115 Exhibit B, 1 of 87 Attachment 2, Page 5 of 115 Exhibit B, 2 of 87 Attachment 2, Page 6 of 115 Exhibit B, 3 of 87 Attachment 2, Page 7 of 115 Exhibit B, 4 of 87 Attachment 2, Page 8 of 115 Exhibit B, 5 of 87Attachment 2, Page 9 of 115 Exhibit B, 6 of 87 Attachment 2, Page 10 of 115 Exhibit B, 7 of 87 Attachment 2, Page 11 of 115 Exhibit B, 8 of 87 Attachment 2, Page 12 of 115 Exhibit B, 9 of 87 Attachment 2, Page 13 of 115 Exhibit B, 10 of 87 Attachment 2, Page 14 of 115 Exhibit B, 11 of 87 Attachment 2, Page 15 of 115 Exhibit B, 12 of 87 Attachment 2, Page 16 of 115 Exhibit B, 13 of 87 Attachment 2, Page 17 of 115 Exhibit B, 14 of 87 Attachment 2, Page 18 of 115 Exhibit B, 15 of 87 Attachment 2, Page 19 of 115 Exhibit B, 16 of 87 Attachment 2, Page 20 of 115 Exhibit B, 17 of 87 Attachment 2, Page 21 of 115 Exhibit B, 18 of 87 Attachment 2, Page 22 of 115 Exhibit B, 19 of 87 Attachment 2, Page 23 of 115 Exhibit B, 20 of 87 Attachment 2, Page 24 of 115 Exhibit B, 21 of 87 Attachment 2, Page 25 of 115 Exhibit B, 22 of 87 Attachment 2, Page 26 of 115 Exhibit B, 23 of 87 Attachment 2, Page 27 of 115 Exhibit B, 24 of 87Attachment 2, Page 28 of 115 Exhibit B, 25 of 87 Attachment 2, Page 29 of 115 Exhibit B, 26 of 87 Attachment 2, Page 30 of 115 Exhibit B, 27 of 87 Attachment 2, Page 31 of 115 Exhibit B, 28 of 87 Attachment 2, Page 32 of 115 Exhibit B, 29 of 87 Attachment 2, Page 33 of 115 Exhibit B, 30 of 87 Attachment 2, Page 34 of 115 Exhibit B, 31 of 87 Attachment 2, Page 35 of 115 Exhibit B, 32 of 87 Attachment 2, Page 36 of 115 Exhibit B, 33 of 87 Attachment 2, Page 37 of 115 Exhibit B, 34 of 87 Attachment 2, Page 38 of 115 Exhibit B, 35 of 87 Attachment 2, Page 39 of 115 Exhibit B, 36 of 87 Attachment 2, Page 40 of 115 Exhibit B, 37 of 87 Attachment 2, Page 41 of 115 Exhibit B, 38 of 87 Attachment 2, Page 42 of 115 Exhibit B, 39 of 87 Attachment 2, Page 43 of 115 Exhibit B, 40 of 87 Attachment 2, Page 44 of 115 Exhibit B, 41 of 87 Attachment 2, Page 45 of 115 Exhibit B, 42 of 87 Attachment 2, Page 46 of 115 Exhibit B, 43 of 87 Attachment 2, Page 47 of 115 Exhibit B, 44 of 87 Attachment 2, Page 48 of 115 Exhibit B, 45 of 87 Attachment 2, Page 49 of 115 Exhibit B, 46 of 87 Attachment 2, Page 50 of 115 Exhibit B, 47 of 87 Attachment 2, Page 51 of 115 Exhibit B, 48 of 87 Attachment 2, Page 52 of 115 Exhibit B, 49 of 87 Attachment 2, Page 53 of 115 Exhibit B, 50 of 87Attachment 2, Page 54 of 115 Exhibit B, 51 of 87 Attachment 2, Page 55 of 115 Exhibit B, 52 of 87 Attachment 2, Page 56 of 115 Exhibit B, 53 of 87 Attachment 2, Page 57 of 115 Exhibit B, 54 of 87 Attachment 2, Page 58 of 115 Exhibit B, 55 of 87 Attachment 2, Page 59 of 115 Exhibit B, 56 of 87 Attachment 2, Page 60 of 115 Exhibit B, 57 of 87 Attachment 2, Page 61 of 115 Exhibit B, 58 of 87Attachment 2, Page 62 of 115 Exhibit B, 59 of 87Attachment 2, Page 63 of 115 Exhibit B, 60 of 87Attachment 2, Page 64 of 115 Exhibit B, 61 of 87Attachment 2, Page 65 of 115 Exhibit B, 62 of 87 Attachment 2, Page 66 of 115 Exhibit B, 63 of 87 Attachment 2, Page 67 of 115 Exhibit B, 64 of 87 Attachment 2, Page 68 of 115 Exhibit B, 65 of 87 Attachment 2, Page 69 of 115 Exhibit B, 66 of 87 Attachment 2, Page 70 of 115 Exhibit B, 67 of 87 Attachment 2, Page 71 of 115 Exhibit B, 68 of 87 Attachment 2, Page 72 of 115 Exhibit B, 69 of 87 Attachment 2, Page 73 of 115 Exhibit B, 70 of 87Attachment 2, Page 74 of 115 Exhibit B, 71 of 87Attachment 2, Page 75 of 115 Exhibit B, 72 of 87 Attachment 2, Page 76 of 115 Exhibit B, 73 of 87 Attachment 2, Page 77 of 115 Exhibit B, 74 of 87 Attachment 2, Page 78 of 115 Exhibit B, 75 of 87 Attachment 2, Page 79 of 115 Exhibit B, 76 of 87 Attachment 2, Page 80 of 115 Exhibit B, 77 of 87 Attachment 2, Page 81 of 115 Exhibit B, 78 of 87 Attachment 2, Page 82 of 115 Exhibit B, 79 of 87 Attachment 2, Page 83 of 115 Exhibit B, 80 of 87 Attachment 2, Page 84 of 115 Exhibit B, 81 of 87 Attachment 2, Page 85 of 115 Exhibit B, 82 of 87 Attachment 2, Page 86 of 115 Exhibit B, 83 of 87 Attachment 2, Page 87 of 115 Exhibit B, 84 of 87 Attachment 2, Page 88 of 115 Exhibit B, 85 of 87 Attachment 2, Page 89 of 115 Exhibit B, 86 of 87 Attachment 2, Page 90 of 115 Exhibit B, 87 of 87 Attachment 2, Page 91 of 115 TYPE IV – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Richardson Sports Annexation Applicant’s Representative: Rick Satre, Schirmer Satre Group Case Number: 811-19-000250-TYP4 Proposal Location: 500 International Way (Map 17-03-15-40, Portion of Tax Lot 600) Current Zoning & Comprehensive Plan Designation: Campus Industrial (CI) Applicable Comprehensive Plan: Gateway Refinement Plan and Springfield 2030 Refinement Plan Application Submittal Date: October 18, 2019 Associated Applications: 811-19-000100-PRE (Development Issues Meeting); 811-19-000239-PRE (Pre-submittal 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 AIC Building Official Building Robert Castile 541-726-3666 Corporate Way Sports Way City Limits Property Proposed for Annexation International Way Richardson Sports Royal Caribbean EXHIBIT C, Page 1 of 7 Attachment 2, Page 92 of 115 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 May 28, 2019 (Case 811-19-000100-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 a flag-shaped property that is approximately 8.37 acres in size and contains existing paved parking lots, driving aisles, and site landscaping. The property is located on the north side of International Way at the intersection with Maple Island Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the southern and eastern boundaries. Zoning for the property is Campus Industrial (CI) with an Urbanizable Fringe Overlay (UF-10) applied. According to the applicant’s submittal, the primary purpose of the annexation request is to facilitate further development of the property with warehousing and paved parking areas. The International Way frontage of the property is considered improved to full urban standards and all required public utilities are available to serve the site. However, there are planned extensions of public utilities and a transportation corridor (Maple Island Road) through the subject site which has triggered the requirement for an Annexation Agreement. The Annexation Agreement outlines the applicant’s responsibilities and financial obligations for provision of public streets, utilities, and services to the property and is included herein as Attachment 2, Exhibit D. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,), schools (Eugene 4J School District), roads (City of Springfield), and Fire (Eugene-Springfield Fire under contract with 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 Rainbow Water District. 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. 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 December 11, 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 811-19-000250-TYP4. EXHIBIT C, Page 2 of 7 Attachment 2, Page 93 of 115 Newspaper Notice. Notice of the January 6, 2020 public hearing was published in The Register-Guard on December 23 and 30, 2019. Posted Notice. Notice of the January 6, 2020 public hearing was posted in three public places in the City: along the property frontage on International Way; 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 Campus Industrial 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 October 24, 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 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 Springfield 2030 Refinement Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding: The territory requested for annexation is entirely within the City’s acknowledged UGB. Finding: 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 has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area 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. At present, there are no proposed changes to the zoning or plan designation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. EXHIBIT C, Page 3 of 7 Attachment 2, Page 94 of 115 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 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 north 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. Finding: The requested annexation is to facilitate further development of the property. Public sanitary sewer service is available along the International Way frontage of the site. Finding: The property owner submitted an application for annexation to the City (Attachment 2, Exhibit B) and an Annexation Agreement has been prepared for execution 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 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 EXHIBIT C, Page 4 of 7 Attachment 2, Page 95 of 115 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 north Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the property will be eligible for extension of SUB water service to the site. Electricity – SUB Electric provides service to the neighborhoods in north Springfield. SUB owns and maintains electrical system infrastructure along the International Way frontage of the property. 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 north Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with Willakenzie Rural Fire Protection District. Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other’s jurisdictions. Parks and Recreation – Park and recreation services are provided to the City of Springfield by the Willamalane Park & 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 Eugene 4J School District serves this area of northwest Springfield. Based on the property zoning of Campus Industrial and the potential future development of the subject property with warehousing and parking, it is not expected that the annexation territory would generate permanent residents or a school-age population in the future. Sanitary Sewer – The annexation territory has existing public sanitary sewer lines along the International Way frontage. The applicant will be responsible for connecting to the public sewer system and extension of private sanitary sewer lines necessary to serve the planned industrial development on the property. Stormwater – The subject annexation territory is served by the existing private stormwater management system located in the northern half of the site. Should further development of the property occur in the future, rehabilitation of the existing private vegetated stormwater facilities may be required to ensure functionality and proper operation of the on-site drainage system. EXHIBIT C, Page 5 of 7 Attachment 2, Page 96 of 115 Streets – The southern edge of the subject annexation area abuts International Way, which has been developed to full urban standards with curb, gutter, sidewalk, paved vehicle and bike lanes, lane striping, street trees, street lighting, and piped stormwater facilities. 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 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 by the City Council. Finding: The area proposed for annexation is part of a Campus Industrial parcel containing paved parking lots and driving aisles, site landscaping, and vegetated stormwater facilities. The required public utilities and services are immediately available to the site, and the public street frontage on International Way has been improved to full urban standards. However, there are planned extensions of a transportation corridor (Maple Island Road) and public utilities that would pass through the subject property. The timing of the road and utility extension is not currently known so an Annexation Agreement has been prepared 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. The Annexation Agreement will need to be executed by the applicant and City for the annexation action to be concluded. 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. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On January 6, 2020, the City Council will hold a Public Hearing for the subject annexation request and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Campus Industrial (CI) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the property will retain the CI 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 21, 2020, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around February 20, 2020), or upon acknowledgement of filing with the Secretary of State – whichever date is later. EXHIBIT C, Page 6 of 7 Attachment 2, Page 97 of 115 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 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 provide water service after annexation. Consistent with SDC 5.7-160, notice was provided for the public hearing on January 6, 2020. Withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is 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. 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. EXHIBIT C, Page 7 of 7 Attachment 2, Page 98 of 115 ANNEXATION AGREEMENT This Annexation Agreement (“Agreement”) is made between the City of Springfield, an Oregon municipal corporation (“City”) and R Sports Properties, LLC (“APPLICANT”). RECITALS A. APPLICANT owns the parcel(s) of land legally described in Exhibit A, the Property, and shown on the map attached as Exhibit B. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for an Annexation Agreement, dated October 18, 2019, for Assessor’s Map No. 17-03-15-40, Tax Lots 00600. 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 Campus Industrial on the Metro Plan and is zoned Campus Industrial on the Gateway Refinement Plan according to the Springfield Zoning Map. E. Annexation of the Property requires a showing under Section 5.7-140.C 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 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 existing to the Property. F. The APPLICANT and City previously entered into a Memorandum of Understanding, recorded as Lane County document no. 2012-017170, and designated by the City as Improvement Agreement 1089 (IA 1089) incorporated by reference and attached hereto, regarding future annexation agreements related to the Property. The purpose of this Agreement is to restate and amend said IA 1089 as provided below. This Agreement memorializes 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 Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 EXHIBIT D, Page 1 of 17 Attachment 2, Page 99 of 115 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. Sanitary sewer is currently extended to the site and the proposed area to be annexed would have sewer service extended internally from the existing connection in International Way. 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. Stormwater from the southern portion of the site drains to the public system in International Way. Stormwater from the Northern portion of the site, and the entire area to be annexed drains directly to Maple Island Slough, which is a wetland and requires full treatment prior to discharge. There is an existing stormwater treatment swale on the northern portion of the property which is not in a functional condition due to siltation of the basin and overgrowth of vegetation. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. The site has existing driveways to International Way to connect internally to the area to be annexed. Maple Island Way has not been constructed and should the applicant desire additional connections to this road, the conditions outlined in the Improvement Agreement 1089 would apply. 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 Final Site Plan and Public Improvement Plan approvals, APPLICANT agrees to perform the obligations set forth in this section. a. APPLICANT shall abide by the terms and conditions set forth in IA 1089, which is incorporated by reference herein, except to the extent modified by this Agreement. To the extent that the terms of IA 1089 and this Agreement conflict, the terms of this Agreement will prevail. b. APPLICANT shall apply for, and obtain, Final Site Plan approval from the City, pursuant to SDC 5.12-100 for an expansion of the existing industrial use on the Property compatible EXHIBIT D, Page 2 of 17 Attachment 2, Page 100 of 115 with the current zoning. This Paragraph is subject to the requirements of Paragraph 8, below. c. APPLICANT will rehabilitate the present stormwater facility as determined through the site plan review process d. APPLICANT agrees to establish a no build area of the site north of and including the future Maple Island Farm Road alignment as shown in Exhibit A and Ex1.0. e. APPLICANT will dedicate a portion of the site along International way so that all the constructed road improvements and an additional 0.5 feet will be dedicated to the city as public ROW. 2. Obligations of City. Consistent with the above Recitals, City agrees to perform the obligations set forth in this section. a. City shall abide by the terms and conditions set forth in IA 1089, except to the extent modified by this Agreement. To the extent that the terms of IA 1089 and this Agreement conflict, the terms of this Agreement will prevail. b. City shall 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 precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. 4. Limitations on the Development. No portion of the Property shall be developed prior to the approval of a Site Plan and Public Improvement Plans (if necessary) 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 EXHIBIT D, Page 3 of 17 Attachment 2, Page 101 of 115 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 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. 512 U.S. 374, 114 S. Ct. 2309 (1994) By entering into this Agreement, APPLICANT hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et seq. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., “Just Compensation for Land Use Regulation.” APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. EXHIBIT D, Page 4 of 17 Attachment 2, Page 102 of 115 DATED this day of , 20 . IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date Its: STATE OF OREGON COUNTY OF LANE } ss THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY (APPLICANT) AS OF NOTARY PUBLIC FOR OREGON EXHIBIT D, Page 5 of 17 Attachment 2, Page 103 of 115 CITY OF SPRINGFIELD By: _ Mary Bridget Smith, City Manager Pro Tem STATE OF OREGON COUNTY OF LANE } ss THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON EXHIBIT D, Page 6 of 17 Attachment 2, Page 104 of 115 Lane Counly Clerk I Lane Counly Deeds ;nd Records 2012·mliO "II II 111111111111111 II 111111 11111111111111 "1111 $112,00 01283597201200171700110115 RPR MEMO C lIS 04/1212012 10:12:55 AM - n = In=1 CASHIER 05 After Recording, Return to: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 $55,00 $20,00 $10,00 $11,00 $16,00 Attn: Technical Services Division, Survey Section R Sports Properties, LLC P.O. Box 2440 Eugene, OR 97402 Memorandum ofUuderstanding For R Sports Properties, LLC Regarding ANNEXATION AGREEMENT and Development This Memorandum of Understanding (MOU) regarding a future Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City"), and R Sports Properties, LLC ("Richardson"). RECITALSIMOU ITEMS A. Richardson intends to purchase the parcel ofland roughly described as the former Shorewood Packaging facility at 500 International Way and shown on the map attached as Exhibit A, known as Map 17031540, Lot 600 and described in the legal description attached as Exhibit Al. Most of the developed land area is within the Springfield City limits and the remaining Property (in PINK, PURPLE, and BLUE on the map) (the "Property") is proximate to the jurisdictional limits of the City, within the urban growth boundary, and subject to annexation by the City of Springfield prior to industrial development of the Property. B. Richardson, may, in the future submit to the City an application to annex the Property to the City to allow development of additional buildings, building space, stormwater management facilities in the PINK area, identified on Exhibit A as comprising about 5.90 acres. C. Richardson and the City desire to specify the conditions to be required in the event of such annexation at that future time. Richardson and the City mutually understand that the conditions set forth herein are specifically based on the existing zoning and land use designation, and that should a change in either be adopted, the conditions specified herein are subject to adjustments and modilications consistent with such changes. 312712012 lof9 ;£4 108.:; I I·, '.' iii ::.: EXHIBIT D, Page 7 of 17 Attachment 2, Page 105 of 115 D. The Property is cWTently designated as Campus Industrial on the Metro Plan Diagram, designated Campus Industrial (CI) on the Gateway Refinement Plan Map and is zoned Campus Industrial (CI) on the Springfield Zoning Map. E. Richardson and the City mutually understand that Richardson may modify, relocate, and expand the parking area of the Property, in accordance with City standards and approvals, including any landscaping, and make a small addition to the building area and parking in the southeast comer of the building without the need to annex the Property. The current owners of the property have represented to Richardson that the Water Quality Basin northeast ofthe buildings was designed to accommodate storm water from the parking areas north of the building and a future Phase II development for Shorewood of about 1.6 acres. This is confirmed by notes in the Journal No. 94-12-251 file for the original Shorewood Site Plan. That Phase II represents increased stormwater runoff from 1.6 acres of impermeable surface area. Richardson should be able to develop about up to 1.6 acres with impervious uses using the existing Water Quality Basin or when the City constructs Maple Island Road, in the City-relocated Water Quality Basin of equivalent capacity north of the new roadway. F. Maple Island Road as depicted in Exhibit A and is located in close proximity to the Property and has been identified by the City as an important transportation corridor necessary to serve existing and future development. The extension of Maple Island Road north and west of International Way, as planned for by the City, requires the City to obtain the right from Richardson to extend Maple Island Road 59 feet in width along the entire northern boundary of the Property as generally shown in Exhibit A. The City desires to obtain such right from Richardson's dedication of right-of-way, 59 feet in width along the entire northern boundary of the Property as generally shown in Exhibit A. G. Except as provided by agreement, the City requires owners proposing to annex properties in the Gateway Area to make frnancial contributions to assist in funding off-site transportation improvements. H. Except as provided by agreement, the City requires owners proposing to annex properties in the Gateway Area to make financial contributions to assist in funding off-site stormwater improvements. 1. As prut of the City's planned extension of Maple Island Road, the City may need additional land from the southeastern portion of property owned by Richardson that abuts the City's roundabout at the intersection of International Way and Maple Island Road .. The City desires to obtain such right from Richardson through dedication of right-of-way. Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the pruties agree as follows: AGREEMENT 1. Obligations of Richardson. Consistent with the above recitals, Richardson agrees to perform the obligations set forth in this section. 312712012 20f9 I", EXHIBIT D, Page 8 of 17 Attachment 2, Page 106 of 115 1.1 For the purpose of this Agreement, the "Annexation Date" means the later of 1.2 1.1 .1 the date of approval by the Springfield City Council of annexation of the Property to City and the expiration of any applicable appeal periods or 1.1.2 the effective date of the annexation if the Springfield City Council actions approving annexation provides for a delayed effective date. This section is subj ect to the requirements of Section 7, below. In accordance with Recital F, Richardson will dedicate a strip ofland 59 feet wide for use as a right-of-way along the northern boundary as generally shown in Exhibit A, shown In PURPLE and identified as comprising 0.94 acres. This dedication and the provision of the associated, necessary temporary construction easements necessary to extend Maple Island Road north and west of International Way shall occur not later than thirty (30) days after Richardson's receipt of City's written request for their dedication. The approximate total area required for dedication is 40,950 square feet for the required 59- foot street right-of-way and the additional area for modifying the roundabout at the intersection of Intemational Way and Maple Island Road. The requests for dedication of the road right-of-way and the roundabout areas may occur at different times. Richardson shall convey (not dedicate) to the City for future street improvements a one- foot wide strip immediately to the so uth of and abutting the entire length of the 59-foot right of way dedicated in Section 1.2 and this conveyance shall occur not later than thirty (30) days after Richardson is in receipt of the City's written request for conveyance. 1.3 Richardson shall dedicate a 7-foot public utility easement that usuall y also provides for the placement of a typical embankment of 4: I slope from the back of the sidewalk on the south side of the 59-foot right-of-way described in Section 1.2. This dedication shall not occur later than thirty (30) days after Richardson's receipt of City's written request for easement dedication. 1.4 The dedication and conveyances described in Sections 1.2 and 1.3 shall be deemed to fulfill Richardson's obligations as specified in Recital G. 1.5 Unless the contingency described in Section 1.6 below occurs, Richardson shall not be required to construct and/or pay for the cost of street improvements, including streets, sidewalk, curbs, gutters, storm drainage, street trees, and street lights on the right -of way of Maple Island Road from Richardson's easterly property line to Richardson's westerly property line as depicted in Exhibit A. Any such road improvement project would also ensure the existing stormwater system's designed operational and functional levels will be maintained or replaced as part of that road improvement project without cost to Richardson. In the event that the contingency described in Section 1.6 occurs, Richardson shall be required to construct and pay the cost of street improvements as described in Section 1.6. 1.6 Contingency: If Richardson, in a development process, seeks access to Maple Island Road, and that access is granted, Richardson shall pay the cost of the half of the full street improvements, including streets, sidewalks, curbs, gutters, storm drainage street trees, and street lights on the right-of-way of Maple Island Road determined by the frontage on 312712012 30f9 EXHIBIT D, Page 9 of 17 Attachment 2, Page 107 of 115 Maple Island Road for which development approval is obtained. In the event that Maple Island Road has already been constructed by the City of Springfield, Richardson shall reimburse the City the cost of such improvement as specified herein at the time a Development Application of Richardson is approved and Richardson seeks and obtains access to Maple Island Road. Upon receipt of such reimbursement the City shall reconvey the one-foot wide strip described in Section 1.3 of this Agreement thereby allowing Richardson access to Maple Island Road. 1.7 Should the City, upon acquiring the north leg of the future Maple Island Road as public right-of-way, close Richardson's east driveway on International Way near the northern extension of the future Maple Island Road to vehicular traffic, the City will provide a replacement access to the north parking lot at no cost to Richardson, in a location that is subject to the City Traffic Engineer's approval. When Maple Island Road is extended westward, Richardson's north parking lot access may be relocated by the City to ensure safe access at another location along Maple Island Road approved by the City Traffic Engineer for at no cost and no obligation to pay for the improvements of Maple Island Road. In addition to the City's providing Richardson access to the north parking lot from Maple Island Road at no cost to Richardson, the City shall also permit Richardson the ability to construct, at its own cost, subject to the approval of the City's Traffic Engineer, a driveway opposite Hawes' southernmost driveway on the future Maple Island Road. Should Richardson build this southernmost driveway access, Richardson shall limit the traffic access at that driveway and parking area by restrict truck access to vans and prevent access by tractor-trailer combinations to the access and driveway north along the east wall of the building by use, for example, of signage. Once these two Maple Island Road accesses are opened, no additional direct access from Richardson's development to International Way or Maple Island Road will be permitted until the reserve strip is removed by the City as set forth in Sections 1.6 and 1.7. Prior to City's acquiring the north leg of Maple Island Road, Richardson may, at Richardson's own costs and efforts, obtain access easements from the'property owner adjacent to Richardson's east boundary and may build, subject to City permits and approvals by the City Traffic Engineer for safe access, access driveways at the two proposed locations on Maple Island Road: a driveway opposite Hawes' southernmost driveway on the future Maple Island Road and one at Richardson's north parking lot. 1.8 Richardson shall also provide temporary construction easements often feet outside both the right-of-way and suitable slope easements and around water quality basins relocated or needed for the designed future public road and any utility construction; suitable permanent public utility easements along the entire length of the right of way, as well as suitable slope easements (typically 4: I) as required by the City. 1.9 Richardson may modify, relocate, and expand the parking area of the Property, including any landscaping, and make a small addition to the building area near the southeast comer of the existing building without the need to annex the Property. Such parking lot modifications and building construction must be done in accordance to City standards and after obtaining necessary permits required by the City and others for such activity. Modifications of the parking areas will not trigger the need for Richardson to apply for 312712012 40f9 " .": EXHIBIT D, Page 10 of 17 Attachment 2, Page 108 of 115 annexation, and, approval of such parking lot reconfiguration may not be umeasonably withheld by the City, when such City approval is required. Should the City remove, damage, or otherwise disrupt any Richardson parking or landscaping, the City shall pay for the design, repair, and replacement, including reconfiguration, of all parking and landscaping lost by the City's actions. 1.10 Richardson shall either grant an easement or donate the area fifty feet south from the top of the bank of the Maple Island Slough along the north edge of the right-of-way, shown in BLUE and identified on Exhibit A as comprising about 1.21 acres, along the future east-west extension of Maple Island Road to maintain and protect the riparian area along the top of the slough and .for stormwater systems. Richardson has sole discretion whether to grant an easement or donate the area described in this Section to the City. The easement/donation will allow City access to the riparian area to maintain and ensure maintenance of the area for stormwater management. Richardson shall be permitted to utilize the land north of the future right-of-way for Maple Island Road for purposes of open space and stormwater management subject to the mutual agreement of the City and Richardson regarding development standards, location, types of facilities, and Richardson's obtaining necessary permits for those stormwater improvements. 1.11 This grant of property described in section 1.10 of this Agreement shall be deemed to fulfill Richardson's obligations under Recital H. 1.12 Richardson agrees that in the event of future development of the Property any proposal for alterations or increases of stormwater flows may require Richardson to obtain approvals from appropriate public agencies controlling such stormwater flows and effluent. Potential alternative on-site treatment of stormwater flows might also include Richardson's constructing dry wells or other suitable City approved systems to reduce or eliminate additional stormwater flows that require treatment by public stormwater systems. 1.13 With the proximity of the McKenzie River to the Richardson site, there are issues related to the floodplain and floodway that affect the area zoned Campus Industrial, including the Richardson parcel. For development and site design, Richardson will use the requirements of the more restrictive data from the currently applicable FEMA maps and the recent floodplain-floodway study using the Corrected Effective Model (CEM) in the McKenzie River Floodplain Assessment and prepared by David Evans & Associates dated November 6, 2002, for the development of Peace Health's RiverBend Hospital. 1.14 Excluding the relocation of parking and small building addition as provided in Section 1.9, upon future annexation and for future development, Richardson shall provide and be financially responsible for the provision of any additional urban facilities and services, including any construction and maintenance thereof, that are required as a condition of approval of any land use approval, city permits and/or public improvement plans as necessary to serve the development of the Property. 312712012 50f9 EXHIBIT D, Page 11 of 17 Attachment 2, Page 109 of 115 2. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 Not unilaterally initiate annexation of the Property. Should Richardson wish to annex the Property in the future, the City shall initiate and support annexation of the Property to the City of Springfield before the Springfield City C01jllcil and support Richardson's defense of any appeal of a decision of the Council annexing the Property to the City. However, the City will not assume any fmancial responsibility to provide legal counselor fees to Richardson on appeal. 2.2 Conduct the timely review and decision making of the Site Plan Review, Tree Felling Permit, Drinking Water Protection District Overlay application, Floodplain Overlay application and Public Improvement Plan or other applications that may be submitted in the future in accordance with City procedures for the development of the Property provided that Richardson shall pay for all required permit fees .and costs including those required for peer review and expedited review if the City subsequently agrees to any request by Richardson for expedited review of permit applications it may seek. 2.3 In the event Richardson requests access to an east-west segment of Maple Island Road and either pays the City the cost to build one half of the road, or reimburses the City for the cost to build one half the road pursuant to Section 1.6 above, then City will build or cause to be built the remaining one-half width of Maple Island Road. 2.4 312712012 Should City acquire the north leg of the future Maple Island Road as a public right-of-way, close Richardson's east driveway access on International Way to vehicular traffic near the northern extension of the future Maple Island Road, the City will provide a replacement access to the north parking lot at no cost to Richardson, in a location that is subject to the City Traffic Engineer's approval. When Maple Island Road is extended westward, Richardson's north parking lot access may be relocated by the City to ensure safe access at anotller location along Maple Island Road approved by the City Traffic Engineer at no cost and no obligation to pay for the improvements of Maple Island Road. City will allow Richardson to access Maple Island Road at this new location at no cost to Richardson and shall reconvey to Richardson the portion of the one-foot wide strip of property conveyed to the City pursuant to Section 1.2 to allow such access. This future access location may be proposed, specified, and approved in the development review process for the current development as a future substitute for the entrance proposed off the northeast quadrant of the International Way roundabout to Richardson's development. Richardson would pay for any improvements on Richardson property necessary for connecting to Maple Island Road at a south driveway. In the event the City determines not to construct the Maple Island Road segments referenced herein, City shall vacate the right of way. The City may condition such determination upon obtaining appropriate alternate right-of-way necessary to implement the Gateway Refinement Plan. 60f9 .' .; ~" , " ,', EXHIBIT D, Page 12 of 17 Attachment 2, Page 110 of 115 2.5 At no cost to Richardson, the public stormwater system constructed to serve the street improvements for Maple Island Road described in Section 1.2 shall be designed and constructed by the City to not reduce required functions and capacity of Richardson's Water Quality Basin. The City may, at City's expense, relocate the basin outside and north of the proposed Maple Island Road right-of- way and ensure and provide that stormwater flows from Areas 1 and 2 of approximately 1.6 acres as impervious developments will, as originally designed, go to the Water Quality Basin relocated north of the extension of Maple Island Road through adequate piping City provides at its cost. The City may propose alternative configurations of stormwater systems for Richardson to consider as acceptable through written authorization before construction. 2.6 Should the City adversely affect improvements existing on the property or require they be removed or relocated as a result of construction of Maple Island Road, the City, at its sole discretion shall relocate, reconstruct, provide equivalent replacements, or pay Richardson for the cost to replace such improvements thirty (30) days prior to any City removal of such improvements. Both parties agree: 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 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 and burden upon the Property. This Agreement shall be recorded upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by Richardson and shall benefit any assigns or successors in interest to Richardson. Execution of this Agreement is a precondition to the support of the City of the annexation of the Property to the City. Accordingly, the City retains all rights for enforcement of this Agreement. Notwithstanding any other provision of this Agreement, this Agreement shall not be enforceable by City against Richardson or the Property unless and until annexation of the Property to the city has been approved and all applicable appeal periods have expired. If such annexation approval is not obtained for the Property after application for annexation is made by Richardson, then the parties shall record an appropriate instrument declaring this Agreement null and void. 4. Limitations on the Development. No portion of the Property shall be developed prior to the approval of appropriate City permits, except as described herein. 5. Mutual Cooperation. City and Richardson shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. 312712012 70f9 :',' EXHIBIT D, Page 13 of 17 Attachment 2, Page 111 of 115 7. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of state law or regulations of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of the 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 permit application submitted by Richardson. Richardson is responsible for obtaining at Richardson's cost all state or federal permits and any other approvals as may be required. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. DATED this 3D day of MAt{d/-,2012. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date . first herein above written. ITS OW",}, A STATE OF OREGON COUNTY OF LANE } ss BE IT REMEMBERED that on this 30t.!:: day of /.1CJ¥vh, 2012 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named I) e Ilq R'! oilard SOy') whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that 1l.e( L.(4 R (eYta-rdsUY\ is/are the _--,(j",KJ~Vl,-,~-:-r,-----_______ _ of the withitrnarned lllllted liablhty company and does acknowledge SaId mstrument to be the free act and deed of said limited liability company and was signed on behalf of said limited liability company by authority of its members. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. 312712012 80f9 Notary PUblifOr . tf ~ I/~)';J.r~ 13 My Commission Expires :.' ,:: ~: " i: .:, EXHIBIT D, Page 14 of 17 Attachment 2, Page 112 of 115 effY OF ff/.mG/lfJcD. By: }fLW5Z Gino Grimaldi, City Manager STATE OF OREGON COUNTY OF LANE } ss .:l.O 1;;-BE IT REMEMBERED, that on this ,Age day of I-/al'cn, 2001 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 City Council IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. • OfFICIAl. SeAL ' AMY L SOIlVA . , NOTARY PUE<UG · OREGON COMMISflON NO. 4429'".14 MY COMMISSION EXPIRES NOV 22,2013 312712012 90f9 NOTAR PUBLIC FOR OREGON My COMMISSION ExpIRES REVIE¥.'W 8, APPROVED A$ TO FOflr,,\ ~~, ... w~ DATE : -"3-1" '2-'lLl.~. OFFICE OF CITY ATTORNEY ':.:i .'. [ill '. '.'. i: " EXHIBIT D, Page 15 of 17 Attachment 2, Page 113 of 115 i-' _. i Stormwoter Easement ._._ .... Area (1.21ac) i---j I I .. _--- C::.·.·.·.·.· .. i Future Maple Islond Rd Extension (0.94 ac) To Be Annexed (5.90 ac totol) Phase II Development (Areas 1+2 _1.6ac) to ~ H OJ H H :>-EXHIBIT D, Page 16 of 17Attachment 2, Page 114 of 115 L£6AL-D£SCfIP"ON o F"" TA''f.LDT(",{X)\ MAP (703154{) EXlllBIT Ai Parcel I, Land Partition Plat No. 94-P0500, as platted and recorded in the Laoe County Oregon Partition Records. ALSO the following described parcel ofland: Beginning at the most Northerly Southeast comer of Parcel I of Land Partition Plat No. 94-P0498, as platted and recorded in the Lane County Oregon Partition Records, said comer also being the Northeast comer of Parcell of Land Partition Plat No. 94-P0500, as platted and recorded in the Lane County Oregon Partition Records; and thence running along the conunon boundary between said Partition Plats South 89° 59' 06" West, a distance of 623.70 feet to the Northwest comer of said Land Partition Plat No. 94-P0500; thence leaving said boundary and running North 0° 00' 39" West along a Northerly projection of the West boundary of said Land Partition Plat No. 94-P0500, a distance of 389 .95 feet to a point on the Northerly boundary of said Land Partition Plat No. 94-P0498, said point also being a point on the high water line of the old McKenzie River Channel, now known as the Maple Island Slough; thence upstream along said high water line and along the Northerly boundary of said Land Partition PIat No. 94-P0498, South 60° 46' 21" East 315.52 feet and South 67° 33' 50" East 376.94 feet to the most Northerly Northeast comer of said Land Partition Plat No. 94-P0498; thence leaving said boundaries and running South 0° 00' 39" East along the most East boundary of said Land Partition Plat No. 94 -P0498, a distance of 91.87 feet to the point of beginning, all the above described property in Lane County, Oregon. LEGAL EXHIBIT D, Page 17 of 17 Attachment 2, Page 115 of 115