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HomeMy WebLinkAboutItem 04 Leung Thurston Rd AnnexationAGENDA ITEM SUMMARY Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: 6/28/2021 Regular Meeting Melissa Cariiio, DPW 541.744.4068 Consent Calendar SPRINGFIELD Council Goals: Encourage Economic Development and CITY COUNCIL Revitalization through Community Partnerships ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD — ANNEX APPROXIMATELY 2 ACRES OF RESIDENTIAL PROPERTY LOCATED AT 7399 THURSTON ROAD (MAP 17-02-35-00, TAX LOT 2700). ACTION Conduct a second reading of and provide a decision on the following ordinance: REQUESTED: AN ORDINANCE ANNEXING CERTAIN TERRITORY ADDRESSED AS 7399 THURSTON ROAD (MAP 17-02-35-00, TAX LOT 2700) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE MCKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (SECOND READING). ISSUE The City Council is being asked to consider an ordinance to annex approximately 2 acres of residential STATEMENT: property that is located at 7399 Thurston Road (Map 17-02-35-00, Tax Lot 2700), just east of Thurston Elementary School. The proposed annexation is being requested to facilitate development of a residential subdivision on this property. ATTACHMENTS: Attachment 1: Location Map Attachment 2: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Applicant Submittal Exhibit C: Staff Report and Recommendations Exhibit D: Annexation Agreement DISCUSSION/ The City Council is authorized by Oregon Revised Statutes (ORS) Chapter 222 and Springfield FINANCIAL Development Code (SDC) Article 5.7-100 to act on annexation requests. In accordance with SDC 5.7 - IMPACT: 155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State, whichever date is later. A public hearing was held on June 7, 2021; one comment was received in writing during the hearing and forwarded to the Council. Findings addressing the public comments are reflected in the attached staff report (Attachment 2, Exhibit C). The territory requested for annexation is located at 7399 Thurston Road (Map 17-02-35-00, Tax Lot 2700), just east of Thurston Elementary School. The subject property is currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) applied, and it is located inside the City's Urban Growth Boundary. According to the 2020 Lane County Assessment and Taxation records the property has a total assessed value of $211,016. As outlined in the staff report, the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Comprehensive Plan — Urbanization Element. The attached staff report also confirms the request meets the criteria of approval for annexations established in SDC 5.7-140. A revised Annexation Agreement that allocates financial responsibility for the provision of urban utilities and services to the property has been prepared. (Attachment 42D). Recommendation: The subject property complies with the standards and provisions of the Springfield Development Code and applicable ORS for annexation; Council is being asked to conduct a second reading of the ordinance annexing this property to the City and Willamalane Park & Recreation District, and withdrawing same from McKenzie Fire & Rescue Protection District. The Council can then decide to adopt the ordinance — with or without conditions of approval — or not to adopt. a W z Q LLI V Z O N Ca Z O Q x LLIZ Z Q O H H LLI V 1 W CL a LL O Z O V O r i :6 - Cu Cu ij E 0 LL C7 0 G CO f ■ PHAAOMM 13 CIOu u Co • � � •L L �J CL U5 vS ki 75th St i H. 41) �H W PHAAOMM 13 CIOu u Co • � � •L L �J CL U5 vS Attachment 1, Page 1 of 1 ki 75th St H. 72nd PI �. 5 72nd St � I X77 ai a] 7Qth st 59th St', w L Attachment 1, Page 1 of 1 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY ADDRESSED AS 7399 THURSTON ROAD (ASSESSOR'S MAP 17-02-35-00, TAX LOT 2700) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE MCKENZIE FIRE & RESCUE 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 May 4, 2021, said territory being Assessor's Map Township 17 South, Range 02 West, Section 35, Map 00, Tax Lot 2700, which is municipally addressed as 7399 Thurston Road, which 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),the Springfield 2030 Comprehensive Plan, and Springfield Urban Growth Boundary and is contiguous to the City Limits (SDC 5.7-140.A); WHEREAS, the annexation is consistent with the Springfield 2030 Comprehensive 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); 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 McKenzie Fire & Rescue 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 Comprehensive 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 Attachment 2, Page 1 of 28 WHEREAS, the applicant has 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 June 7, 2021, the Springfield City 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 McKenzie Fire & Rescue Protection District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development and Public Works Director shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. Section 4. 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 5. 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 , 2021, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of , 2021. ATTEST: City Recorder Mayor Page 2 of 2 Attachment 2, Page 2 of 28 EXHIBIT A, Page 1 of 1 EXHIBIT A — Map and Legal Description PROPERTY REQUESTED FOR ANNEXATION mn -WL t� 0 LtcI_1 _� �I _��] :� [ [�I ►1 Beginning at a point on the South right of way line of County Road, which is 851.75 feet East and 610.43 feet South of the Northwest corner of the J.C. Looney Donation Land Claim No. 54, Township 17 South, Range 2 West of the Willamette Meridian and No. 85, Township 18 South, Range 2 West of the Willamette Meridian; running thence South 469.92 feet to fence corner; thence along said fence line 183.81 feet East; thence North 483.56 feet to the South right of way line of County Road; thence along said right of way line on curve to the left the chord of which bears South 85° 08' West 184.68 feet to the place of beginning, in Lane County, Oregon. Attachment 2, Page 3 of 28 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 3❑ EXHIBIT B, Page 1 of 9 SPRINGFIELD Annexation Application Type IV ffiftm Annexation Application Pre -Submittal: Annexation Application Submittal: ❑ dig Property Owner: Liana Leuna M Address: PO Box 2231 Eugene OR 97402 Fax: _ E-mail: Owner Signature: - Owner Signature: Agent Name: Jed Truett Phone ( 541) 302-9830 Company: Metro Planning, Inc Fax: Address: 846 A Street Springfield OR 97477 E-mail jed@metroplanning.c Agent Signature: If the applicant is other than the owne e'owner hereby grants. permission for the applicant to act in his or her behalf, except where: signatures of the owner of record required, only the owner may sign the petition. ASSESSOR'S MAP NO: 17-02-35-00 1 TAX LOT NOS : 2700 Proper Address: 7399 Thurston Rd. Springfield, OR Area of Request: Acres: 2 1 Square Feet: Existing Use(s) of Property: Proposed Use of Property: Case No.: Application Fee: single familv residential vision Date: Postage Fee: residential Reviewed By: initials Total Fee: Revised 4/8/14 BJ Page 8 of 17 Attachment 2, Page 4 of 28 EXHIBIT B, Page 2 of 9 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: Signature Liana Leung Print Fubmittal Owner: Date: 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. Date: l Z Signature Liana Leung Print Revised 4/8/14 BJ Attachment 2, Page 5 of 28 2-1 Page 9 of 17 EXHIBIT B, Page 3 of 9 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. c:* Application Fee [SDC 5.7-125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. iR Petition/ Petition Signature Sheet [SDC 5.7-125(B)(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 f ORS 222.170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). ix Certification of Ownership [SDC 5.7-125(B)(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). ff 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). 9 Supplemental Information Form [SDC 5.7-125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted @ Pre - Submittal, with original copies @ time of application submittal). ix Copy of the Deed (required at application submittal) 2 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. Revised 4/8/14 BJ Attachment 2, Page 6 of 28 Page 10 of 17 EXHIBIT B, Page 4 of 9 25 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. A Cadastral Map [SDC 5.7-125(6)(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 1/2x 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. Q� 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. cK 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. EX 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. rY-Three (3) copies of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 8'/2" BY 11" AND BOUND BY RUBBER BANDS. 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QLn L u fu L a 0 .3 a) a4-7 o •+-) ro a c `u o � Z ro v 4-J • V y 0 Cu o N C: 4-J a) o M t C U rn Qa aJ = v o O U L N Ca m U U) C w a ) C J M > N U > 3: O O 4-J Ul �° o ra D c 0 o i, O 'a c N AL a U 4.1 X N a) c UCL Q k C Q) N O j r0 C Z Attachment 2, Page 8 of 28 i EXHIBIT B, Page 5 of 9 �u U L Jam.+ U) O X L u C N MCL �O cc N a)a) 4,N C L A Q) C a) r6 C O U aE� a., a) pZS � N Q � a) Ln c a) O O 4-1 4 � U p L a) _ OL � a) C � :�+ O MA c ro �a Cn 4-1 L- a) a) O O U — ro -CQ) OC Q) C 4, U O Q) oa k fu C M OO V zQj C ru x M c C E M -a — a) LA ZQ) 4 fh U1 0 0 u0i OC c- ro c rn LY LO a,-, O Q Z OL w 3N v O � " Oo = o a G7 U. a) Oul Lc *L Z Q) a) \ o -0 O- C rp m a c Ln O VT c Z_ M—a-- IL F c a) O 2OD Q: OL O Oa) U LU d N a) ami -C CLn U1 -1°o J D EXHIBIT B, Page 6 of 9 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 (Map/lot number) Name of Owner Acres Assessed Value Imp. Y / N Signed Yes Signed No 17-02-35-00-0270 Liana Leung 2.0 $2 11, 0 16 Y X $211,016 PERCENTAGE OF VALUE CONSENTED FOR 100% TOTALS: 2 1 $211, 01 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 2. 0 ac ACREAGE SIGNED FOR 2. 0 ac 100% PERCENTAGE OF ACREAGE SIGNED FOR TOTAL VALUE IN THE PROPOSAL $211,016 VALUE CONSENTED FOR $211,016 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 4/8/14 B1 Attachment 2, Page 9 of 28 14 of 17 EXHIBIT B, Page 7 of 9 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: Jed Truett E-mail: �ed@metroplannina.com Supply the following information regarding the annexation area. • Estimated Population (at present) : 0 • Number of Existing Residential Units: . 1 _ • Other Uses: Land Area: 2 total acres • Existing Plan Designation(s): Low Density Residential • Existing Zoning(s): Low Density Residential • Existing Land Use(s): residential • Applicable Comprehensive Plan(s): • Applicable Refinement Plan(s): • Provide evidence that the L - Low Density Residential Thurston area (none) annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. Both the comprehensive plan and zoning are consistent with one another. zoning after annexation will not change. No refinement plan for this area. • Are there development plans associated with this proposed annexation? Yes X No If yes, describe. Tentative subdivision to create 10 residential single-family lots. • 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). Property is contiguous to city limits on western boundary Revised 4/8/14 BI Attachment 2, Page 10 of 28 Page 15 of 17 EXHIBIT B, Page 8 of 9 Does this application include all contiguous property under the same ownership? Yes X No If no, state the reasons why all property is not included: • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District 9 Springfield School District 14 McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD ❑ SUB ❑ Willamalane Parks and Rec District IN Other Eweb • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. Jed Truett/ Metro Planning, Inc (Name) (Name) 846 A Street (Address) Springfield OR 97477 (City) (zip) (Name) (Address) (City) (zip) Revised 4/8/14 BJ (Address) (City) (Name) (Address) (City) Attachment 2, Page 11 of 28 (zip) (zip) Page 16 of 17 EXHIBIT B, Page 9 of 9 FORM. 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 17-02-35-00-02700 7399 Thurston Rd. 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 Leaal Owners Please print or type name Signature Date Sin d Liana Leung LCOG: L:1BC12008 BOUNCHANGE TRANSITIONVPPLICATION FORMSWRINGFIELDIIO.03.08 UPDATED FOAMSIPRE•SUBMITTAL ANNEXATION APPLICATION 10.07.08.00C Last Saved: January19, 2018 Revised 4/8/14 B] Attachment 2, Page 12 of 28 Page 17 of 17 TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION EXHIBIT C, Page 1 of 9 SPRINGFIELD 4� OREGON File Name: Thurston Road Annexation Applicant: Liana Leung, represented by Metro Planning Case Number: 811-21-000101-TYP4 Proposal Location: 7399 Thurston Road, adjacent to Thurston Elementary School (Assessor's Map 17- 02-35-00, TL 2700) Current Zoning & Comprehensive Plan Designation: Low Density Residential (MDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Comprehensive Plan Application Submittal Date: May 4, 2021 Associated Applications: 811 -21 -000067 -PRE (Development Issues Meeting); 811 -21 -000093 -PRE (Annexation Pre -Submittal) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE: POSITION REVIEW OF NAME PHONE Project Manager Planning Melissa Carino 541-744-4068 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 Chris Carpenter 541-744-4153 Attachment 2, Page 13 of 28 EXHIBIT C, Page 2 of 9 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 April 27, 2021 (Case 811- 21 -000067 -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 rectangular -shaped property that is approximately 2 acres in size with an existing home with a couple of outbuildings. The property is located on the southern side of Thurston Road, adjacent to Thurston Elementary School to the east. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield City Limits along its western boundary. The Thurston Road right-of-way abutting the subject annexation area would also be annexed into City Limits if the request is approved. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) applied. According to the applicant's submittal, the primary purpose of the annexation request is to facilitate a proposed future 10 -lot residential subdivision. The applicant is proposing to extend public utilities eastward along Thurston Road. The applicant will be responsible for improving the Thurston Road 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). Please note there has been a revision made to the Annexation Agreement, specifically that the minimum amount of Thurston Road right-of-way dedication was increased to 7 -feet rather than 5 -feet, in order to accommodate the Transportation System Plan's priority project (US -14) along Thurston Road. 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 McKenzie Fire & Rescue 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. 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 May 7, 2021, 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. Attachment 2, Page 14 of 28 EXHIBIT C, Page 3 of 9 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 811-21-000101-TYP4. Newspaper Notice. Notice of the June 7th public hearing for this application was published in The Register - Guard on both May 23, 2021, and June 6, 2021. Posted Notice. Notice of the June 7th public hearing was also posted along the subject property frontage Thurston Road as well as provided on the City of Springfield website and digital display. Finding: Upon annexation of the subject territory to the City, the underlying Low Density Residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF -10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on May 3, 2021. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. The City Council held a first reading and public hearing for this annexation application at their regular meeting on June 7, 2021. During the public hearing, there were no comments made either for or against the annexation application request. However, a community member, Helene O'Rourke attempted to share her concerns via the virtual meeting but had experienced technical issues. She instead sent an email to the City Recorder during the public hearing, which was then shared with City staff and City Councilors via email on the morning of Tuesday, June 8, 2021. "I think it would be beneficial to get the opinion AND VOTE of the residence that live in the area. We do not want the property on 7399 Thurston Road to be subdivided for many reasons. My concern for the request for 7399 Thurston Road being annexed for development. That and all the property west, east and SOUTH, has/had been in flood control and WETLANDS. I can attest that during the winter I walk my dog on those properties and when it rains, those properties are all under water above the ankle on my boots. I'm also concerned that the creek to the north cannot possibly hold the water runoff from additional housing. The creek floods and if you will check back records and newspaper articles, you will see that people have been evacuated because of the creek filling up. Thurston Road is a hotbed for speeding and reckless driving. Additional vehicles on the road is going to make it more dangerous. There have been numerous accidents in the last number of years. " On Tuesday, June 8, 2021, City staff reached out to Ms. O'Rourke to respond to her concerns. Regarding the process of annexation approval, the Springfield Development Code (SDC) Section 5.7-100 covers the annexation process in Springfield. Oregon Revised Statute 222.125 allows annexation upon a petition signed by the property owners of the affected territory being considered for annexation as an alternative to annexation by public vote. Further, the annexation application must meet the annexation criteria listed in SDC 5.7-140, which does not separately require a voting process by residents and community members in the vicinity of the affected territory. Regarding the site having wetlands or being in the floodway, neither affect the subject site directly. The property is not within the Floodplain Overlay District and contains no resources shown on the Local and National Wetland Inventory Maps. If the affected territory is annexed and subsequently developed, the property owner will be required to obtain a development approval through a land division (subdivision or partition) and Land Drainage & Alteration Permit (LDAP) to manage stormwater runoff. As part of a future land division or other development, the property owner must either connect to the City's public stormwater system or design a system to infiltrate stormwater on- site, meeting all standards in effect at the time of land division for retention and treatment of stormwater runoff. Attachment 2, Page 15 of 28 EXHIBIT C, Page 4 of 9 Regarding traffic along Thurston Road, the City has a priority project (US -14) in its Transportation System Plan where Thurston Road will be widened to accommodate a middle left turning lane. These future changes are planned to accommodate more traffic and facilitate safety for vehicles, bicycles, pedestrians, and other modes of transportation along Thurston Road within City Limits, consistent with the City's land use plans for greater urban residential development on the subject property. Per the annexation agreement, the property will be required to dedicate additional right-of-way for Thurston Road at the time of future development. 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 Comprehensive Plan — Urbanization Element. The property requested for annexation abuts the Springfield City Limits along its western boundary. 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), SDC 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 annexation area is located within the acknowledged Springfield UGB and as more specifically delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive 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. 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 Comprehensive 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 Comprehensive Plan — Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Comprehensive 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 McKenzie Fire & Rescue Protection District. The rural fire district has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the McKenzie Fire & Rescue Protection Attachment 2, Page 16 of 28 EXHIBIT C, Page 5 of 9 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 Comprehensive 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 Comprehensive 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 Comprehensive Plan — Urbanization Element, the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate future 10 -lot residential subdivision of the. Public sanitary sewer service is available just west of the subject property along Thurston Road. The applicant will be required to extend the public sewer line eastward along Thurston Road 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 an Annexation Agreement has been prepared for execution by the City and applicant. Conclusion: The proposal meets and complies with criterion B, SDC 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 Comprehensive 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 Comprehensive 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 Comprehensive 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 its western 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 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. Attachment 2, Page 17 of 28 EXHIBIT C, Page 6 of 9 Electricity — SUB Electric provides service to the neighborhoods in south Springfield within incorporated areas of Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. 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 McKenzie Fire & Rescue 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 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 Thurston Elementary School to the west. The Springfield School District has capacity to serve the annexation area in its current configuration and upon development of additional dwelling units 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 along Thurston Road. 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. An existing public sanitary sewer system is located within Thurston Road and currently terminates at the northwest property corner in a manhole in Thurston Road. Stormwater — The subject annexation territory is not currently served by public stormwater management systems. 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. The closest public stormwater system is located at the western boundary of the adjacent tax lot to the west, on which Thurston Elementary is located. This system could be extended down Thurston Road, or the applicant could design a system to infiltrate all stormwater on site. Attachment 2, Page 18 of 28 EXHIBIT C, Page 7 of 9 Streets — The northern edge of the annexation area abuts Thurston Road, which is not currently annexed nor fully improved. To the west of the annexation area in front of Thurston Elementary School, Thurston Road already has full frontage improvements. The full length of non -annexed Thurston Road right-of-way abutting the parcel being considered for annexation 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 dedicating right-of- way and improving the abutting segment of Thurston Road, as provided in the Annexation Agreement. Solid Waste Mana ement — 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 Comprehensive Plan — Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with criterion C, SDC 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 a parcel with a single-family home with a couple of out buildings (shed, shop). 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. 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, SDC 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 McKenzie Fire & Rescue 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 McKenzie Fire & Rescue 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 McKenzie Fire & Rescue Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive 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. Attachment 2, Page 19 of 28 EXHIBIT C, Page 8 of 9 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 McKenzie Fire & Rescue Protection District. Attachment 2, Page 20 of 28 EXHIBIT C, Page 9 of 9 9 1111111111911 fill, J Q Attachment 2, Page 21 of 28 EXHIBIT D, Page 1 of 7 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Liana Leung ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated May 4, 2021, for Assessor's Map No. 17-02-35-00, Tax Lot 02700, which is currently addressed as 7399 Thurston and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF -10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Comprehensive Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment 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: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 Place Bar Code Sticker Here: Attachment 2, Page 22 of 28 EXHIBIT D, Page 2 of 7 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located within Thurston Road and currently terminates at the northwest property corner in a manhole in Thurston Road. 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. • The closest public stormwater system is located at the western boundary of the adjacent tax lot to the west, on which Thurston Elementary is located. This system could be extended down Thurston Road, or the applicant could design a system to infiltrate all stormwater on site. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Thurston Road. • Thurston Road is currently a county road without full frontage improvements along this property. Full frontage improvements exist on the western property line in front of Thurston Elementary. The Springfield 2035 Transportation System Plan (TSP) includes an urban standards project, US -14, intended to improve Thurston Road with a three - lane cross section and bike lanes, as a "priority project." • Future subdivision of the property will provide an extension of the public street system to serve the new lots, which must meet applicable City requirements at the time of development including but not limited to requirements in the Springfield Development Code and the Engineering Design Standards and Policy Manual (EDSPM). 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. Attachment 2, Page 23 of 28 EXHIBIT D, Page 3 of 7 Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. 1.1. APPLICANT shall annex an additional width of public street right-of-way along the Thurston Road frontage as part of this application. 1.2. APPLICANT shall dedicate right of way for an interior street network including at least one street stubbed at the east property line and one street stubbed to the south property line, and must improve those streets at the time of subdivision Plat in a configuration that meets the applicable requirements at the time of future subdivision application, including but not limited to the Springfield Development Code and the EDSPM. 1.3. APPLICANT shall dedicate a minimum of seven (7) feet of additional right-of- way at the time of future land division. APPLICANT will improve the southern frontage of Thurston road abutting the subject site to include Bike Lanes, Sidewalk, Street Lights, Street Trees, Curb, Gutter, and Paving. The required improvements will also include removing and replacing the short section of curbside sidewalk at the eastern boundary of Thurston Elementary with setback sidewalk. 1.4. APPLICANT will extend the sanitary sewer system in Thurston Road to the eastern property boundary of the property at the time of subdivision plat. 1.5. APPLICANT will use the City of Springfield Public Improvement Permit process to construct the required improvements at the time of subdivision plat. 1.6. APPLICANT will provide a suitable stormwater system for on-site drainage treatment and disposal or extend the public system if conditions on the property do not allow onsite treatment to be achieved. 1.7. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.8. 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, Attachment 2, Page 24 of 28 EXHIBIT D, Page 4 of 7 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. Process the future subdivision request and support future development of the Property consistent with this Agreement, 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 future development of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of a Partition or Subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any local improvement district 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 Comprehensive Plan — Urbanization Element and as required herein are not provided in a timely manner to the Property. Attachment 2, Page 25 of 28 EXHIBIT D, Page 5 of 7 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et seq. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. DATED this NA day ofJu- , 2021. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: -ter Its: Attachment 2, Page 26 of 28 Date & /IY/Z l State of Oregon County of Lane This instrument was acknowledged before me on by L f as (APPLICANT) t OFFICIAL STAMP TANYA DIANNE MCMURRIAN t NOTARY PUBLIC -OREGON COMMISSION NO.984435 My COMMISSION EXPIRES MARCH 03 2D23 CITY OF SPRINGFIELD Nancy Newton, City Manager State of Oregon County OF LANE This instrument was acknowledged before me on by (CITY) as EXHIBIT D, Page 6 of 7 t 5202-1 of Notary Public for Oregon of Notary Public for Oregon Attachment 2, Page 27 of 28 ,20 EXHIBIT D, Page 7 of 7 EXHIBIT A — Map and Legal Description PROPERTY REQUESTED FOR ANNEXATION rW 7zw-a9 LEGAL DESCRIPTION Beginning at a point on the South right of way line of County Road, which is 851.75 feet East and 610.43 feet South of the Northwest corner of the J.C. Looney Donation Land Claim No. 54, Township 17 South, Range 2 West of the Willamette Meridian and No. 85, Township 18 South, Range 2 West of the Willamette Meridian; running thence South 469.92 feet to fence corner; thence along said fence line 183.81 feet East; thence North 483.56 feet to the South right of way line of County Road; thence along said right of way line on curve to the left the chord of which bears South 85' 08' West 184.68 feet to the place of beginning, in Lane County, Oregon Attachment 2, Page 28 of 28