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HomeMy WebLinkAboutOrdinance 6446 06/20/2022 CITY OF SPRINGFIELD OREGON ORDINANCE NO4 AN ORDINANCE ANNEXING CERTAIN TERRITORY LOCATED SOUTHEAST OF THE INTERSECTION OF HOLLY STREET AND SOUTH 49TH PLACE AND NORTH OF JASPER ROAD 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 March 1, 2022, said territory being a 2.33-acre portion of Assessor's Map Township 18 South, Range 02 West, Section 4, Map 00, Tax Lot 2800, which is not currently assigned a street address 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 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 Comprehensive Plan— Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; WHEREAS, all required urban services are available to serve the site and the applicant has executed an Annexation Agreement (Exhibit C) that addresses the timing and financial responsibility for provision of public facilities and services to the property; 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 D) 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 5.7-140.8); WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director's recommendation to concurrently withdraw the subject territory from the Willakenzie Rural Fire Protection District, as the Eugene-Springfield Fire Department will provide fire response to the territory upon annexation to Springfield; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on June 6, 2022, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being generally depicted and 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 generally depicted and more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development & Public Works Director or their designee shall send copies of this Ordinance to effected 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 20th day of June ' 2022, by a vote of 5 for and 0 against. (1 Absent - Pishioneri) APPROVED by the Mayor of the City of Springfield this 20th day of June 2022 Mayor ATTEST: City Recorder REVIEWED&APPROVED AS TO FORM KrGatuux-K'aad- DATE: Ej�zQ�77 SPRINGFIELD CITY ATTORNEY'S OFFICE Ordinance No. 6446 Exhibit A, Page 1 of 2 �r L c to r Jr 11' �orthstar .....,0.....-........-------- N _____-,-.����9 _.. ����.._. 541-757-9050 1-7 S u R yr E Y r ty � 72a NW 4 Street, Corvallis, Oregon 9733€3 Phone 5�1 757 9D5�� Legal description for Annexation A tract of land lying in the Northwest and Northeast quarters of Section 4, Township 18 South,Range 2 Vilest, of the Willamette Meridian, City of Springfield,Lane County,Oregon,being more particularly described as follows: eg' ing at a 518 inch rebar with yellow plastic cap marked"L.B. OLSON&ASSOC. PLS 655"lying on the East line of Tract G of WESTWlND ESTATES, as platted and recorded on Cleric's Reception Number 2009- 070575,Lane County Deeds and Records,Lane County,Oregon, said point lying South 0°14'37"West 136.47 feet from a 518 inch rebar with yellow plastic cap marked"KPFF INC."marking the Northeast comer thereof; Thence Sou 0°14'37" West 786.34 feet, more or less, (C )to City Limits Line of City of Springfield; Thence along said City Limits Line,North 89°33'37"East 1107 feet,more or less(C ),to the TRUE POINT OF BEGINNING; Thence leaving said City Limits Line, South 0°04'22" East 137.00 feet, more or less(COURSE ); Thence South °55'38" West 254.00 feet,more or less(COURSE ); Thence South 21°29'07"West 8 9.00 feet, more or less to the North Right-of-Way Line of the Southern Pacific Railroad(COURSE ); Thence along said Railroad Right-of-Way line along the arc of 5759.60-foot radius curve left(the chord of which hears North 68°47'04" West 46.00 feet,more or less)46.00 feet,more or less(COURSE 6); Thence continuing along said Railroad Right-of-Way line No 9°1T1 0"West 90.00 feet,more or less (COURSE 7)' Thence continuing along said Railroad Right-of-Way line North 69°27'40"West 470.66 feet,more or less back to the City Limits Line(C ); Thence North 89°33'37"East 850.26 feet, ore-or less( )back to the TRUE POINT BEGINNING, Containing 2.33 acres,more or less. The Basis of Bearings for this description is per Lane County Survey No, 44178, REGISTERED PROFESSIONAL LAND SURVEYOR � ..._- w.. - .......... 0611012014 G®N d 274...._.. :.. DAVID LEE SCHLOSSER JR. 72617 RENEWAL DATE. 0613ot 2022 Ordinance No. 6446 Z a Q J o` w m G p LLJ O LL O C) g ag g Z N 'I'T LL C:) ( ocF 00 OZ zoo N �Ma��^moo 0000 ooSoo� Nig ^oS�So oS�o£ 00000Boo� CS ��00000�MM�MM<���^�� r ��������������������� l "2 ry 3 f U) J`' ���shoo�b �o L oE N /� ,.J✓l n n l�j bR�n.?J�m' W � Q LO v�oG �� 3 m Q-�,i � F ❑� :.A�Ni1CTo �v: a n~iyp=q� ^.. I .:J� w g o ' a a ma 0 LOx13, T 06 �. m� WC� OOU o. ��� AlIJ ^ W=❑. K ) 'j 55 0 0 NOS... C) NLO O U CO e 1 v m aJ ) Loo > N CD W J � m k 8� olzoiU w u�ao � M Nm I I WOO xr Z �o aec M u x,x xe Q ..�M � A s ga oz oz osX, �`� II zo �T ZOco b OKE , W^ I Q J 1 Q Li. I � (moi `�- r J p % { I 11,J r i Z u' � a m o o a g o ti o Q\g a i WM Sj'4n \;j //Nro tJ w. Fl Wl \ Exhibit B, Page 1 of 16 City of Springfield SPRINGFIELD Development & Public Works 31y� 225 Fifth Street Springfield, OR 97477 Annexation r w r n Application m An nexati Mr a Pr - mi e Sub ttal• Annexation A lication Submittal: g u & r u Property Owner: Investments SSR Inves s LLC Phone: .. m........._ _ _....�.. Address: PO Box 2617, Eugene, OR 97402 Fax: m._,,,,...� ... ...... E-mail: Owner Signature: Owner Signature: Agent N ame: Jed True....tt .AICP m.� v m mP, hone �ol p � ejig, Metro Plannin Inc n : 9, Fax: Com �a... _ _ - �. .... ........ ._..... Street, Springfield, l �,� Address: 846 A Stre OR 87477 A ent Si ..natu.re: E-mail'I w. ._ . -ma l 9 9 re. � If the applicant is other than the o",1the owner hereby grantsermissi❑ p n for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign the petition. MAP .m. _..� m� - 2806 (portion) ASSESSOR'S.._..� _..� NO: 18 02.. 04 00 � .TAX LOT NO. .�„ �� �} Property Address: 5410 Mt Vernon Rd., Springfield, OR 97478 :sF eRt: quet: Acres �' 5guare ee Area of �. .... _..m...�_....... ....�._e ....... Existing Use(s) Vacant of Property: ... ... Proposed Use Tentative Subdivision of Property: ON= 7CaseNv.: , � a� Reviewed 6y=mmDate.� �� � ` __j wi n iti a Is�cation Fee: Postage Fee: Total Fee: Revised 418(14 B] P 4dil e�No. 6446 Exhibit B, Page 2 of 16 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 theOwner'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: - ..� mm;.... Date: Signature �...... Print Su bm itta.._. ...�...... _ . . �. I I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: _.� �. .. ate: Signature Print Revised 4/8/14 BI p%Air+ elp�No. 6446 Exhibit B, Page 3 of 16 j ,�i!, ANNEXATION APPLICATION FOR SSR Investments LLC i ooiairi iiiiiO WRITTEN STATEMENT ///ilmr/i r�////'%��'� &4 jSubmittal No.: t. y r Document bate. February 73,2077 Applicant's Request: Approval of annexation of a portion of subject property 5410 Mt Vernon Rd. LANG 115E PLANNING ANn GoNsuni IG sEGviers Property Owner: SSR Investments LLC 46 A STREET PO Box 7617 SPRINGFIELD, OREGON 97477 Eugene, OR 97407 d5,4111302-9830 4+PW'IJV".METR0PlL4kJN'ilNII .CO Applicant: Hayden Homes LLC 7464 SW Glacier PI Ste 110 Redmond, OR 97756 Applicant's Representative/ Metro Planning, Inc. Planner/Project Coordinator: c/o.fed Truett 846 A Street Springfield, OR 97477 Tel (541) 307-9830 Surv'e'yor: Northstar Surveying c/o David Schlosser.fir 770 NW 41 Street Corvallis, OR 97330 Tel (541) 757-9050 Civil Engineer: A&O Engineering, LLC c/o Scott Morns, PF 386 Q Street Springfield, OR 97477 Tel (541) 307-9830 Subject Property. Map 18-07-04-00; "fax Lot 07800 (portion) Location: 5410 Mt Vernon Rd. Springfield, OR 97478 Property Size: 7.33 acres Zoning: LIAR— Low Density Residential UF-I.0 - Urbanizable Fringe Overlay District Metro Plan: L— Lowe Density Residential Development Plans Proposed Part of a 110 residential single-family lot with this Annexation: tentative subdivision. Subdivision Name: Woodland Ridge Phase 3 (portion) Ordinance No. 6446 Exhibit B, Page 4 of 16 Annexation Application for SSR Investments, LLC Background This is an annexation application for approximately 2.33-acre site, located north of lasper Road, in an area zoned Low Density Residential (LDR).The subject property is in the Urbanizable Fringe Overlay District, (UF-10), as it is located outside City of Springfield city limits, but within the Urban Growth Boundary (UGB). A portion of this taxlot is already a part of the City of Springfield and the proposed annexation area is contiguous to the city portion on its northern boundary. The development plan proposed with this annexation application is phase three of Woodland Ridge Subdivision. The incorporated area will provide additional residential single-family lots to phase three and part of Holly Street. Presently there are no structures on this or any part of the taxlot. The proposed annexation and the associated development plan are consistent with the City's low density residential zoning and Metro Plan designation.This annexation and the associated development plan are consistent with the City of Springfield's Conceptual Local Street Plan. The area of annexation will include half of an extension of Holly Street to the north.The legal description that accompanies this application describes the entire annexation area. To facilitate city staff review of this annexation application, this written statement clearly demonstrates how the development meets the Annexation application criteria of SDC 5.7-140 Criteria. The Springfield Development Code (SDC) text sections are in bold and/or italics and the responses are included in plain text. Annexations SDC 5.7-140 Criteria An annexation application may be approved only if the City Council finds that the proposal conforms to the following criteria. A. The affected territory proposed to be annexed is within the City°r urban growth boundary, and is I. Contiguous to the city limits;or 2 Separated from the City only by a public right-of-way or a stream,lake or other body of water. The subject property is contiguous to city limits on the north annexation boundary line, which is also taxlot 2800. It is also entirely within the UGB. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts. Currently, the subject property is located within the City's urban growth boundary and is zoned in compliance with the City's LDR(low density residential). The Metro Plan diagram shows that the subject property is located within an area designated for low density residential development, which is consistent with the existing LDR(Low Density Residential) zoning district. Upon approval of this proposed annexation by the City Council, the Urban Fringe (UF-10) Overlay District will automatically cease to apply. The development plan associated with this annexation is part of Woodland Ridge Phase 3 Subdivision and the proposed area will create five (5)additional residential single-family lots,consistent with City of Springfield Zoning and Metro Plan designation of low-density residential zoning.The extension of Holly Street is part of the City of Springfield's Conceptual Local Street Plan. Holly Street will be classified as a minor collector, increasing east-west connectivity. Metro Planning, Inc. February 23, 2022 e 1 2 Ordinance No. 6446 Exhibit B, Page 5 of 16 Annexation Application for SSR Investments, LLC The subject property is in the South Springfield neighborhood. Presently, there is no refinement plan associated with this area. C' The proposed annexation will result in a boundary in which the minimum level ofkey urban facilities and services,as defined in the Metro Plan,can be provided in an orderly,efflcient and timely manner, The proposed boundary results in key urban facilities and services provided in an orderly, efficient,and timely manner. Adjacent to the south of subject property is Jasper Road, a public right-of-way, located outside City limits. Additionally, to the west of the subject property is Holly Street,a public right-of-way, located within city limits. This will be extended for lots in Woodland Ridge Phase 3 subdivision along with water,wastewater and storm drainage which lie within Holly Street public right-of-way. The subject property is located approximately 1 mile from Lane County District Transit(LTD)Thurston Station. D. Where applicable,fiscal impacts to the City have been mitigated through an Annexation Agreement or othermechanism approved by the City Council. Fiscal impacts to the City will be mitigated through the Annexation Agreement that includes extending Holly Street and utilities, built to city standards, as a condition of development. If there are any questions or concerns, please do not hesitate to contact me at Metro Planning via email (fled @metroplanning.com)or phone (541-302-9830). Rega rds, led Truett Principal Manner Metro Planning, Inc. 3anuary 4, 2022 P a r�j 13 Ordinance No. 6446 U Exhibj� Page 6 of 16 H m ZZ' 41 _ o CID CU � E Q 6 v IW ❑L) qLj .0 _ X _ la",III„Ihi N D CL i v r%r Q E +' [� CL [0 J ® OD w T3 Ca) Q] x a N (V ro C LI G E U !IV -0 "I � D. ni ru m� 1A � � x a ® a r � 4 0 0 C ❑ �— ❑ L. 0 i LJ q 174W a'' � u t7 r v -� W C m [p ❑ °Yi° r^ d D3 N W L +moi (UU U) C ®] Q1 4] .,.s ® V)ru 4`. miip h W LI1 CO -10V r a w f4 r1 C E d ■ 7 � w r (U N C m v EE a1 4 -0 y ❑ O t' 4� p rl O ❑ av X U -❑ C t ru C L. ° v F— LA � L. ❑ C + > r� .. O ® dll'... _ _ ❑ ® Iri. lil�o"ilu O � � � U In � tlJ L i ro Q Q L U] H ❑ ❑1 L '� U i ~ [fS D u 70 � U � W ❑ um ` „��. N 4.. "44 "� C 'IlI q i11 p'hn iL 0 1:31 M CID -t3 _ OS L9 �O 4- (13 C .,. E2Q -J r r 9 +n H U] 0 ® N ❑ . w � ❑ 4-j Di y O c° ® �' Q OL C u) A �' a� as t' C y 03 C❑ Q q 'M^^,O d -0 0) 0CL CU ai LL C tl1 C C �] a CL 01 y V ❑ i ev C w a) ❑ tR ❑ t!] J to 7 +� ¢ ... h CL Ul O ❑ a a L P 6 U — Z a, .� CID j tlJ �' !d N i ”" ^ LL C d7 s������ p tm ru ❑ X 51} .ti d ❑ y V? a _ 41H ❑ _ 41 . 0 N i ¢° ,� m z ro Ori5rbr2e No. 6426 ❑ Exhibit B, Page 7 of 16 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Assessed Imp. signed Signed (Map/lot number} Y 1 N Yes No _ W.. Acres Value _._. 18-02-04-01280 SSR In 37,719 X Name o caner C 2 33 _w _ vestments I_�-. _...�w�.. _..__..�...�_ ..�._... .__.w i TOTALS: 2.48 35,437 - TOTAL NUMBER OF OWNERS IN THE PROPOSAL �� � � 1 ....NUMBER OF OWNERS WHO SIGNED ....r —._ — _u..... _._ 1 �.. .. .,. �.m. . AGE OF OWNERS WHO SIGNED PERCENT NER �� 00/❑ TOTAL ACREAGE IN PROPOSAL 2.33 ..���.a.w ..., ACREAGE SIGNED FOR ..... .... ... ... ... .. ..._._ 2.33 PERCENTAGE OF ACREAGE SIGNED F..."� 100% OR �._ _ .�.....� �e .... ... ._.._— ....- —---- . TOTAL VALUE IN THE PROP ®SAL 35,437 VALUE CONSENTED.. ..�....mr.. ... ...�..—.r FOR 35 437 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 41$114 B7 14 of 17 Ordinance No. 6446 Exhibit B, Page 8 of 16 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/Metro Planning, Inc. E-mail: e @metroplanning.com Supply the following information regarding the annexation area. • Estimated Population (at present): • Number of Existing Residential Units: 0 • Other Uses: _... m... �ww... _�_.. • Land Area: 2 total acres ■ Existing Plan Designation(s): Density Residential Low y e �_ .... _ .... • Existing Zoning(s); ®IR • Existing Land Use(s): .._� .._... mvacant m mm�... _....._ ww..... .....� Applicable Comprehensive Plan(s): Eqgene-SS�rmt°.fielldd Metro Plan Applicable Refinement PIan(s): . w_ ..._. __.._ .. . .. .�._.... • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. The campmb=ive P-[a nd..zo ' ci_ar-e—consistent,with one nano r. Zoning ill n.at�nge,wafter Anne tion. • Are there development plans associated with this proposed annexation? Yes _ ....... No ..._.� If yes, describe. Tinere is a concurrent tentative su.hdiyision o a I _ti n fer,VlloarCgr d Ridge Phase 3, • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes x ._... No ......--- Please -Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-146, Criteria). Part of the taxiot to the north is annexed. It is adjacent to the property in this application Revised 4/8/14 6J�_,.,. ... ..._..m ...._ _._ ........�. .N.,,. ....._�.....�.� ..�,.,�.�,.� .�._ ... Page 15 of 17 Ordinance No. 6446 Exhibit B, Page 9 of 16 Does this application include all contiguous property under the same ownership? Yes No X If no, state the reasons why all property is not included: It is more cost effective for the owner to annex smaller portions of the taxlot at a time. ......——--------------- • .....................-1- ....... Check the special districts and others that provide service to the annexation area: 11 Glenwood Water District 0 Rainbow Water and Fire District El Eugene School District 0 Pleasant Hill School District IX Springfield School District 0 McKenzie Fire & Rescue 0 Pleasant Hill RFPD IR Willakenzie RFPD 11 EPUD 0 SUB 0 Willarnalane Parks and Rec District 0 Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. Jed TruettlMetro Planning, Inc . ........................................ ..........,......................................,.n_........ (Name) (Name) 846 A Street '--- ------------ ------- (Address) (Address) Springfield, OR 97477 (City) (zip) (City) (zip) (Name) (Name) ..... ....... (Address) (Address) (City) (zip) (City) (zip) Revised 4/8/14 B3 Page 16 of 17 Ordinance No. 6446 Exhibit B, Page 10 of 16 Larne County Clark X011-157717 Lane County Deeds and Records After RecordingReturn.To, Olson&Morris 141 IIS 4 Ill Ili III 141 $7r,°° 7477 Springfield, Q Street,Suite Springfield,Oregon 9 9T 61686675201700577190060867 11/22/2017 49:47:35 AM RPR—DEED Cntrl Stn=40 CASHIER 01 Send Tax Statements To: $30.90 $11,00 $21.00 $10.00 No Change DECLARATION OF PROPERTY LINE ADJUSTMENT SSR Investments,LLL',an Oregon Limited Liability Ccinpany,is the owner❑fvrvo adjoining parcels of property referred to herein as Tract I and Tract 2.SSR Investments,LLC is setting forth this declaration to set an adjusted property line between Tract 1 and Tract 2 to comply with City Of Springfield Land Use Regulations and provisions of ORS 92.190(4)as approved by City of Springfield Case Number 811-17-0000Q4-TYP1. The true consideration for the conveyance is 5 o . 1. The legal description for the Tract I property prior to this adjustmeiRt is provided on the attached Exhibit "XI 1 The legal description for the Tract 2 property prior to this adjastinent is provided on the attached Exhibit 'B 3. Fallowing this property line adjustment,the description of the Tract i property is provided on the attached Exhibit"C". 4. Following this property line adjustment,[he description of the Traor 2 property is described out the attached Exhibit"D". S. The portion of the legal descriptions which depict the new adjusted line between Tract 1 and Tract 2 is underlined on the attached Exhibits"A"&"B" THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS,BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQIJIRING FEE TITLE TO TI IE PROPERTY SHOULD CHECK WITH THE APPROPRIATE C COUNTY PLANNING DEPARTMENT TO VERIFY USES. Dated this, day of 2017, "Su�s„atiM1� .,. ig a Louie G wMember SSR Investments,LLC STATE OF OREGON ) )ss. COUNTY OF LANE ) ti ��(" p On this day of�" 2017,personally appeared before me the above named Susanna L to Goodwin,member of SSR Inv t Tents,LLC,and acknow the foregoing instrument to he a voluntary act and deed. t Nots. u for r [7FFfCtq{,STAMP My Commission Exfres /]ANA LYN HINSHAW p � NbTARY PU8UC_M"0' CdMirSlsSlonf NC,953419 AfYC4h^Mf551NN EICPIRESAl1at✓ST T p�AA,ZO2, Ordinance No. 6446 Exhibit B, Page 11 of 16 EXHIBIT"A" LEGAL DESCRIPTION OF TRACT I PRIOR TO PROPERTY LINE ADJUSTMENT A portion of those lands described on that deed dated November 9, 2017,recorded November 9,2017 on Clerk's Reception Number 2017-055853, Lane County Deeds and Records, Lane County,Oregon,being more particularly described as follows: Beginning at the Brass Cap monument marking the East Southeast comer of the Richard G. Hixon Donation Land Claim No. 47,in Section 4,Township 18 South,Range 2 West of the Willamette Meridian; thence North 890461 10"West 1194.26 feet to the stone with cross marking the Interior Ell comer of the said Hixon Donation Land Claim No. 47;thence continue North 891,46'10"West 301.28 feet to a point on the West line of said Hixon Donation Land Claim No. 47 as said line is fenced;thence along the west line of said Hixon Donation Land Claim No. 47, along or nearly along an existing fence, North 0`24'25" East 1478,00 feet to the TRUE POINT OF BEGINNING being marked by a 5/8 inch iron rod;thence North 89"10' West 374.66 feet to a 518 inch iron rod; thence North 87"50'40" West 436.07 feet;thence South 0124'25" West 402.79 feet, thence South 89®3.)'37" West 1788.78 feet to a point on the Northerly fight of way tine of the Southern Pacific Railroad as said right of way is fenced; thence along said Northerly right of way line as fenced,North 69132'25" West 285.95 feet to a point on the West line of that property as conveyed to Jack B. Lively and Gwendolyn L. Lively,by instrument recorded in Reel 997, Instrument No. 31442, Lane County Oregon Deed Records,as said line is fenced; thence along said West line as fenced,North 0°15'35"East 815.54 feet,more or less,to the Northwest comer of said Lively tract;thence East along the North line of said Lively tract,2870 feet,more or less, to the Northeast comer thereof being on the West line of the said Hixon Donation Land Claim as fenced; thence along the East line of said Donation Land Claim as fenced, South 0024'25" West 529.81 feet, more or less,to the TRUE POINT OF BEGINNING, in Lane County, Oregon. Ordinance No. 6446 Exhibit B, Page 12 of 16 EXIII13IT"B" LEGAL DESCRIPTION OF TRACT 2 PRIOR TO PROPERTY LINE ADJUSTMENT A portion of those lands described on that deed dated November 9, 2017, recorded November 9,2017 on Clerk's Reception Number 2017-055853, Lane County Deeds and Records, Lane County,Oregon,being more particularly described as follows: Beginning at a point on the Northerly line of County Road with its intersection with the East line of the Patrick Gordon Donation Land Claim No.62,which is 20.0 feet North of a point due West of the Northwest comer of the John Smith Donation Land Claim No.48, Section 4,Township 18 South,Range 2 West of the Willamette- Meridian,said point of beginning being on the East line of the Patrick Gordon Donation Land Claim,by reference 41.43 chains North of the Southeast corner of said Patrick Gordon Donation Land Claim; and running thence North along the East line of said Donation Land Claim,29.08 chains to the Southeast comer of a tract conveyed to Weyerhaeuser Timber Company,et a],by instrument recorded July 10, 1$47,in Book 351,Page,305,Lane County Oregon Deed Records;thence West along the South line of said Weyerhaeuser tract,2868 feet to the Southwest comer of said tract;thence South 1017.78 feet to the center line of a County Road;thence South 791 East along the center of said road, 8.86 chains; thence South 65'30' East along the center of said road, 13.45 chains to the East line of said A.W, Hammitt Donation Land Claim;thence North along the East line of said claim to the North line of said road;thence Southeasterly along the Northerly line of said road to a point on the North line of said road West of the point of beginning;thence East to the point of beginning, in Lane County,Oregon. EXCEPTING THERFROM that portion lying within the bounds of the Southern Pacific Company tract, in Lane County,Oregon. TOGETHER WITH that portion of Mt.Vernon Cemetery Road adjacent and inuring thereto by vacation proceedings recorded February 17, 3987, Reception No. 8707542,Lane County Official Records, in Lane County, Oregon, ALSO EXCEPT: Beginning at the Brass Cap monument marking the East Southeast comer of the.Richard G. Hixon Donation Land Claim No.47, in Section 4,Township 18 South,Range 2 West of the Willamette Meridian;thence North 89(146'10" West 1194.26 feet to the stone with cross marking the Interior Ell comer of the said Hixon Donation Land Claim No.47;thence continue North 89146'l 0"West 301.28 feet to a point on the West line of said Hixon Donation Land Claim No.47 as said line is fenced;thence along the west line of said Hixon Donation Land Claim,along or nearly along an existing fence dine,North 0'24'25"East 1478.00 feet to the TRUE POINT OF BEGINNING being marked by a 5/8 inch iron rod;thence North 89110' West 374.66 feet to a 519 inch iron rod; thence North 87°50'40"West 436.07 feet;thence South 0024'25"West 402.79 feet;thence South 99033'37"West 1788.78 feet to a point on the Northerly right of way line of the Southern Pacific Railroad as said right of way is fenced;thence along said Northerly right of way line as fenced,North 69°32'25"West 285.95 feet to a paint on the West line of that property as conveyed to Jack B. Lively and Gwendolyn L. Lively, by instrument recorded in Reel 997, Instrument NO.31442,Lane County Oregon Deed Records,as said line is fenced;thence along said West line as fenced,North 0015'35"East 815.54 feet, more or less,to the Northwest comer of said Lively tract; thence East along the North line of said Lively tract,2870 feet,more or less,to the Northeast comer thereof being on the West line of the said Hixon Donation Land Claim as fenced;thence along the East line of said Donation Land Claim as fenced, South 0124'25"West 529.81 feet,more or less,to the TRUE POINT OF BEGINNING,in Lane County,Oregon. Ordinance No. 6446 Exhibit B, Page 13 of 16 EXHIBIT"C" LEGAL DESCRIPTION OF TRACT 1 FOLLOWING PROPERTY LINE ADJUSTMENT A tract of land in the northwest one-quarter and the northeast one-quarter of Section 4, Township 18 South, Range 2 West,Willamette Meridian, City of Springfield, Lane County,Oregon, being more particularly described as follows_ Beginning at a 518 inch rebar with yellow plastic cap marked"KPFF INC."marking the northeast corner of Tract G of Westwind Estates, as platted and recorded on Clerk's Reception Number 2009- 070575, Lane County Deeds and Records,Lane County, Oregon; Thence,North 89056'05"East, along the South boundary of Booth Kelly Road,a private road,2868.00 feet to a 518 inch rebar; Thence, leaving said South boundary, South 0°24'25"West 401.89 feet to a 5/8 inch rebar with yellow plastic cap marked "L.B. OLSON&ASSOC. PLS 655 Thence North 89159'l 0"West 143 5.7 8 feettoa 5l8 inchµrebar with vellow l)iastic car) marked"L.B. OLSON&ASSOC. PLS 555"; Thence Soutb 89"56'05"West 75.00 feet to a.518.inch rebar with yellaw Mastic cap marked,"L.B. OLSON&ASSOC.PLS.555'°, Thence South 89'56'49"West 426.72 f.._ feet to a 518 inch rebar with eliow Mastic ca��marked h.B. OLSON &ASSOC. PLS 555'.' Thence North 0°03'55" West 64.91 feet to a 518 inch rebar with ellowwJlastic camarked ©LSON &ASSOC. PLS 655"; Thence South 8905"West 255.72 feet to a 518 inch rebar with„ygjjgw lasf �c ca mmarked"L.$. OLSON &ASSOC.PLS 6555"- Thence North 0°03'55" West 60.00 feettoaw 518 inch rebar with_ ellow plastic cap marked"L.B. OLSON&ITASSOC.w PLS 655", - Thence South 89°55'05" West 250.00 feet to a 518 inch rebar with low Jjastic cal)marked"L.B.m OLSON &ASSOC. PLS 555 Thence North 0°18'24"East 35_2.w_ a 8 ._ ........with, � T _ . " SON .. [[� /'�[t �[ �_-4 feet to a 518 inch rebar with ellow Mastic ca r marked L.S. OLSON &ASSOC. PLS 555",. Thence South 89052'01" West 200.23 feet to a_518 inch rebar with yellow Mastic can marked"L$. OLSON&ASSOC. PLS 555". �,- --°00'21" West 24A.17 feet to a 518 inch rebar with s ellow iastic ca�m Thence North 55_m ...�....W.-.. _ _. �... �- _1,....w asked L.B. OLSON 8c ASSOC. PLS 555"lin: o� n the East boundar of said Tract G of Westwind Estates: Thence North 0°14'37"East, along said East boundary, 136.47 feet to the point of beginning. Containing 23.44 Acres. Ordinance No. 6446 Exhibit B, Page 14 of 16 EXIBBIT"D" LEGAI DESCr(1VricjN OF-TRACT 2 F01 [-,0 ]PROPER"ry I-JNE ADR-IS"I'MEN r A trmet of"land in th(.s northwest one-quartei.--and the nos.1h east on o-q kin mer,of Section 4:, Township 18 South,Range 2 West,Wi i laniette Meridian,City of Springfield, Lane Counry,Oregon, being n'nore pardeularly deAxi bed as ftfflows: Beginn hig at as 518 i n cli rebar M th yel tow pasfic cap marked"!.-B.,01-,SQN& AS SOC'., PLS 655"lying an the Ea.,.ao,Ue of Tract G of WeStWiTid Estwes,as platted and recorded on Clerk's Reception Number 2009- 070575, Lane County Deeds and Records,1..,ane Counry,Gre-gan,said point lying Soudi 0'14'37"West 136.47fe,act froyn a 518 inch rebar with yelk.)w plas cap niarked"K.PF'F.FNC."marking the northeast corner thereof, Thmice leavnirn w sane.d East boqndurs,,5antra h 65' inch rebar with ell ), p! qk ,90`2 East 244.17 feet.to a 5/F ... ................. ruairk-ed"'l-B, OLSON& ASSOC .......... ..... Tl,iei,icefqorth89052"'Ol"Eag-200.23 trct(:#a5/8in. jRre4) ........... e "L-.B.QLS().N& .......... ASSOC., PLS 655' Thetjqa, 4" wes�3 5.24 fe et t(.,)a 518 inch.rebar W ith "V- )L Y ........... — -..................... ic qap_qj�Th B C SCN& ASSOC-PLS ---­........­-655_ 'rhonve,NOTth 89'56'(Ji 5"Eq.51 2 50 00 feet to a 5/8 inch rebL marked"'L,B. �1,'SQN r_�vith yjLastir c. ASSOC.-PLS 655" Thence South-01,103'55"East 60.00 lbet to a 5/8 4,01 rabair With yell w 1.sfic cap go RP, A'S S01C.,IPLS�5 Thence Nordii 89156'05" East 25632 feet t-o a 5/8 with sticep') rparked01.,SON & ............... ASSOC.P1.,S 655"-, Th[ence South.003'55"Ewt 64.,91 feet,to a 5/8 inch rebarwithi afe q nvqrke(j�l 131, QL5, st ASSOC.FILS 65Y�_ 'rhence North 89056'4911 E&qt 426.72 f'eet to a 5/8 inch rebar with veflqm _Lpry a�ti0c,�a4,i ASSOC. P.LS,65� '17hence North 89`56'105-East'75.00 to a 5/8 inch r barwith vellaw - ruirked "L.B.04.,SON & ..................... AISSOC. PLS 655"1.- nc-niceSouth 8905910" East 1435.78 ftztton 5/8 inchretia rwith "L.B.OLSON ASSOC. PLS 655" Vre Tbence ow h 10'24"3 0"West 1609.91 feet to,a pai sit on tine n e oil.hern right-ow f- ay I i rie of'Mou nt 'Tnon Road; "I"hen.ce,along said right-of-wa)(Hne, South 85'[2'35"West 80,01 feet U,) a pw;aint-, 'nence,conthwuhig along,%rats[right-4)F-way Hue,, 13&91 feet along an.31.6.49 fbot radius cu,nre tr,:n the I.eft,the long chord of which bears Smah 72`3 8'08"West. 13 7.80 Tibet to a po i.nt-, T'hence,Neav ing said right-of-way lure„,South 85`�235"' ' West.„a&ong the northern boundary of tlwse sands conveyed to Lane Cotmty irk that ce-nain Warranty Deed recordvl an Reel 22.1 OR,Recel.A.ion Min.-nber 9658346,1,ane Cuurity OfftcW Re(.°ords,.Lane County,Oregon, 138.45 fwt to an point on the northerly right-of-way line ofthe Soufhe,,rn Pacific Railroad.; Thence,atong aw mwtherly tight: of.-way tine of said Southern Pacif[c Rai[rov-1, .3 51-22 fit along a 1939.90 foot radius curve tfa the left,the fong choird of vvhich bears North,521,)31'28"West 350.'74 fM to as rx)iw., Tlwnice,confinuing along said ri&.-of-way,N'orth 60110 P55"West 241484 feet Q.)a P(MIA; T'hence,continuing along said right of.-way,N(.)x.-tfi 6 I'll 9'40"Wes.565,62 f�;et to as point; Thence,continuing along said rio!it-of-way,Korfl-n.6 1`2910" West.90.24 feet to a poil'M, Thenue,continuing along said right of-way, '728,81 fel Mong a 5759.60 foot:radius curve left,the tong chord of which bears North 65"23'10"Wesi.728.,32 feet too.point'; 'Thence,confinuing along said right.-of way,N'ofth 69�:n] T'10" West 90.24 feet to a point; Theriic,e,coritinuing along said righ.t-of-way,North 69127'40"" West'145.4.5 feek to ffie southeast comer of Tract E ofsaid Westwind Estates, "rhpnce,leaviTig said riglit-of-way,'Na rth V1 4`37" fast,zh-,sug the East bosinday cyf Westwind Estates,09577 fust M t1nu point of beginning. Ordinance No. 6446 Exhibit B, Page 15 of 16 ALSO: Beginning at point on the southerly right-of-way line of the Southern Pacific Railroad, said point lying South 0014'37"West 63.97 feet from the southeast corner of Tract E of said Westwi nd Estates; Thence,along said southerly right-of-way line,South 69027'40"East 723.26 feet to a point; Thence,continuing along said right-of-way line, South.69117'10"East 14.62 feet to a point; Thence,leaving said right-of-way line of Southern Pacific Railroad and traveling along the northern right-of-way line of Jasper Road,250.71 feet along a 3849.72 foot radius curve to the left, the long chord of which bears North 73'46'03"West 250.67 feet to a point; Thence,continuing along the northern right-of-way line of Jasper Road,North 75138'00"West 254.44 feet to a point; Thence,continuing along said right-of-way line,206.78 feet along a 984.93 foot radius curve to the left,the long ebord of which bears North 81038'52"West 206.40 feet to a point; Thence, leaving said right-of-way,North 0'14'37"East 95.74 feet to the point of beginning. Containing 72,36 Acres. Ordinance No. 6446 Exhibit B, Page 16 of 16 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222,173 This waiver of the time limit is for the following described property: 18-02-04-00-02809 5419 Mt. Vernon Rd. Springfield, OR 97478 Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] indefinitely or [ ] until Date................ Signatures of Legal Owners ..�_ Please ort fa name na u me . ...............� Date ne. e....d�, CCOG- L:JOCl20Q8 BOUNCHANGE TRANSI ONOPPIICATIOIJ FOR7d5',Sl�RIF1GFfEtL1',Y D-n.?-0A UPDATED FORMS}PRC-SUBMITTAL ANNEXATION AF'PLICA.TION Y 0-07-8&DOC Last Saved: laojary 19,2016 Revised 4/8/14 B3 Page 17 of 17 Ordinance No. 6446 Exhibit C Page 1 of 7 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and SSR Investments,4tte. ("APPLICANT"). LLC 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. B. APPLICANT has submitted to the City a request for Annexation, dated March 1, 2022, for a portion of Assessor's Map No. 18-02-04-00, Tax Lot 02800, which is not currently municipally addressed 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-1.0) 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: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development& Public Works Department 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT—Page 1 of 7 Ordinance No. 6446 Exhibit C 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. The Jasper trunk line is available along the southern frontage of this property. Applicant is showing a proposed residential subdivision to be constructed on the subject parcel and the already annexed portion of the same tax lot north of the proposed annexation. This existing sanitary sewer trunk line was designed for the full urban buildout of this area and has sufficient capacity for the proposed subdivision. The applicant will be required to construct the local sewer main network as part of the subdivision development. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. ® An existing public system of culverts and open channels exist that drain overland to the south under the existing Southern Pacific Railroad line and Jasper Road that is sufficient for the existing (predevelopment) conditions. The applicant has provided a stormwater drainage report and tentative design for collecting and managing the increased runoff from the proposed subdivision showing no increase in peak runoff from the existing conditions. The applicant will be required to construct the local storm drain system that provides quality treatment and flow mitigation as outlined in the drainage report as part of the subdivision development. 1. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. ® The Property has legal and physical access to Holly Street to the west that was constructed as part of the Westwind.Development. • There is access to a not yet constructed extension of South 51st Place. The stub is currently completed as part of the Woodland Ridge Phase 1 and 2 subdivisions (by the applicant). • The applicant has provided tentative plans to extend South 51st Place to and through the proposed subdivision and annexation area and will be required to build this road network for subdivision approval. • The future subdivision plan as provided by the applicant for this area shows roads to be extended to the site boundaries on the east with connections to existing streets in the Pinehurst subdivision as future phases of the Woodland Ridge subdivision develops. • The Traffic hnpact Analysis submitted for the subdivision shows the development will increase traffic at the Intersection of Bob Straub Parkway and Daisy Street that will require installation of a traffic signal at that location. Lane County, City of Springfield and the developer have all participated in planning and estimating the cost of the needed signal and determine a share of the cost this development is responsible for. 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 ANNEXATION AGREEMENT—Page 2 of 7 Ordinance No. 6446 Exhibit C Page 3 of 7 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, APPLICANT agrees to perform the obligations set forth in this section. I.I.I. APPLICANT or future property owner shall construct all internal roads, including: Holly Street; South 51 s' Place; unnamed east-west street depicted as "Fir View Drive"; South 50th Street; and any other streets shown on the approved subdivision plans using the City's Public Improvement Project (PIP) process for any approved subdivision that includes any part of the annexed area. 1.1.2. APPLICANT or future property owner will not commence any home construction until the project has reached substantial completion, as defined by I-louse Bill 2306. 1.1.3. APPLICANT or future property owner will construct the local sewer network within the annexed area using the City's PIP process for any approved subdivision that includes any part of the annexed area. 1.1.4. APPLICANT or future property owner will construct the local storm drain system within the annexed area using the City's PIP process for any approved subdivision that includes any part of the annexed area. 1.1.5. APPLICANT or future property owner will pay to the City their share of the improvement for the future traffic control device needed at the intersection of:Bob Straub Parkway and Daisy Street. This amount is determined at $75,000. The methodology used is summarized as: In determining the applicant's fiscal "fair share" of a signal improvement, the first step is to determine the minimum traffic volume an intersection receives to justify or warrant signal installation. The minimum traffic volumes that warrant a traffic signal are from the Manual of Uniform Traffic Control Devices (MUTCD). The MUTCD has multiple different conditions and variables associated with different traffic volumes which determine when signal installations are warranted. For this application, the minimum volume that warrants a signal is associated with the Eight-hour Vehicular Volume for a two-lane major roadway (Bob Straub Parkway) and one-lane minor roadway (Daisy Street). Because the major roadway has a posted speed of 40 mph or higher, the traffic volumes from the 70% column of Condition A from Table 4C-I associated with the Eight-hour Vehicular Volume warrant of the MUTCD was used. The major roadway volume (420 vehicles) and minor roadway volumes (105 vehicles) from Table 4C-1 were combined to get the minimum traffic volume (525 vehicles) to warrant a signal. Woodland Ridge Phases 3-8 will contribute 63 new trips to this intersection ANNEXATION AGREEMENT—Page 3 of 7 Ordinance No. 6446 Exhibit C Page 4 of 7 according to the applicant's Traffic Impact Analysis. 'These 63 trips distributed to this intersection divided by the minimum traffic volume (525 vehicles) results in Woodland Ridge Phases 3-8 contributing 12% share of traffic to this intersection. This annexation, however, is only for property contained within Phase 3, which contributes 27 trips distributed to this intersection, which is 5% of the 525 trips that warrant a signal. In consultation with the applicant, a future construction cost associated with a standard signal installation at this location was estimated at $1,500,000. The associated "Fair Share" contribution associated with the annexation associated with Woodland ridge Phase 3 is 5% of the overall cost, which equates to $75,000. 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement, the proportional share of the cost for the provision of the improvements at the time of annexation shall be used. For all other improvements, the full share of the cost of providing the improvements at the time of construction is the APPLICANT'S responsibility. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies, permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 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 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. ANNEXATION AGREEMENT—Page 4 of 7 Ordinance No. 6446 Exhibit C Page 5 of 7 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (L,ID) 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. 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 seg. 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. ANNEXATION AGREEMENT—Page 5 of 7 Ordinance No. 6446 Exhibit C Page 6 of 7 DATED this 6day of Juo-.P- 2022.. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. C NT ,a: ---- By: Date MeMbU j LL(, Its: S'F'A'I'E OF OREGON COLJN'I'Y oi-, L-ANE, SS TiiisINS'I'Rt.JMEN'I'WAS AC'KNOWI-EI)GEf)BEFORE MEON -3uLAL ,202_7_ BY Wilk6W GooJL,)'�^ AS iOF LLC (APPLICANT) SARAH LYNN MORRIS OFFICIAL STAMP NOTARY PUBLIC-OREGON COMMISSION NO. 1020820 (110- ARY PUBLIC KOR OREGON L,MY COMMISSION EXPIRES JANUARY 18,2026 ANNEXATION AGREEMENT-Page 6 of 7 Ordinance No. 6446 Exhibit C Page 7 of 7 CITY OF SP INGFIELD By: Nancy Newton, City Manager ✓ STATE OFOREGON COUNTY OF LANE ss THIS INS'f'RtJMf,,N-I' WAS A('KNOWf,El)(,El)BI-.'F'ORF VIL"ON 120),;L BY 1 $ /-- AS 1-1-N "AdIll lk OF (CITY) OFFICIAL STAMP ALLYSON 0 PULIDO NOTARY PUBLIC-OREGON COMMISSION NO.1017411 NOTARY PUBLIC FOR OREGON COMMISSION EXPIRES oc I-OBER g18, ANNEXATION AGREEMENT—Page 7 of 7 Ordinance No. 6446 Exhi 1df TYPE IV -ANNEXATIONii STAFF REPORT AND RECOMMENDATION EGA ,�➢� 31;� fiip � ; 5 hll'I'21$t 'll r��"!N 1 r I rµ1 I�'fli"m�h"i Irrv� �mw a'� 'Y&"� .. ..... �j amu, u �uuuui7i��r�i� r I ,�✓/ .it dial'`, ,� ., f^�'�Na`."';yg"' .. 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E� ,. .i, ��, File Name: Woodland Ridge Annexation Case Number: 811-22-000051-TYP4 Proposal Location: Southeast of Holly Street at South 491h Place and north of Jasper Road (Map 18-02- 04-00, Portion of Tax Lot 2800) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan Application Submittal Date: March 1, 2022 Associated Applications: 811-21-000301-PRE (Development Issues Meeting); 811-22-000004-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 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Ordinance No. 6446 Exhibit D Page 2 of 8 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: The property owner submitted an application for a Development Issues Meeting on November 12, 2021 and the meeting was held on December 16,2021 (File 811-21-000301-PRE). Subsequently,apre-submittal meeting for the annexation request was held on January 18, 2022 (File 811-22-000004-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.1 and ORS 222.170(1), an annexation application may be initiated by "more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land." Finding: The property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield(Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of an approximately 2.33-acre,irregular-shaped portion of a larger parcel that was formerly used for livestock grazing and is now vacant. The property requested for annexation is located about 450 feet to the southeast of the intersection of Holly Street and South 49'Place and north of Jasper Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern boundary in accordance with SDC 5.7-140.A.1. The Southern Pacific Railroad right-of-way runs along the southern boundary of the subject property. 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 incorporate the subject territory into the Woodland Ridge Phase 3 subdivision area. The area subject to the annexation request is proposed for a combination of public street extensions, public open space, constructed stormwater facilities, and residential lots. The site currently lacks a full suite of public streets,utilities and other services necessary for urban development. For this reason,an Annexation Agreement that outlines the applicant's responsibilities for provision of public streets, off-site transportation improvements, utilities, and services to the property and in support of future development of other nearby properties,has been executed for this request(Attachment Q. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District), roads (City of Springfield and Lane County), and Fire (Eugene-Springfield under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing water utility infrastructure on neighboring properties to the west, and the prior phases of Woodland Ridge to the north. There is no rural water service for unincorporated properties in the vicinity of this site. Upon annexation, the City of Springfield will be responsible for all urban services, including sanitary 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 16, 2022, 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 Ordinance No. 6446 Exhibit D Page 3 of 8 annexation application and is retained as part of the public record for Planning File 811-22-000074-TYP4. Newspaper Notice. Notice of the June 6, 2022 public hearing was published in The Register-Guard on May 22 & 29, 2022. The notification met the requirements of SDC 5.7-1303 for two consecutive notices in the two-week period before the hearing. Staff had to adjust the notification dates slightly because no newspaper was published on Memorial Day(May 30). Posted Notice. Notice of the June 6, 2022 public hearing was posted in four public places in the City: at the terminus of Holly Street east of South 49'Street;along the southern boundary of the annexation territory where it abuts the Southern Pacific Railroad right-of-way and Jasper Road; at the southern terminus of South 51st Place south of Squirrel Street; and in the Public Notices display cases in Springfield City Hall lobby - all on May 19, 2022. Notice was also provided on the City of Springfield website on May 20 and on the digital display in the lobby of the Development & Public Works permit counter on May 23, 2022. The timing of posted notices meets the two- week posted notice requirements of SDC 5.7-130.C. 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 March 7, 2022,which is 91 days prior to the initial public hearing on the matter. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Public Comment. Staff responded to two telephone calls and one email inquiry about the proposed annexation. The callers were curious about the location and purpose of the annexation, and staff provided details on the nature of the annexation request. After staff explanation no concerns or objections to the proposed annexation were received. 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 City of Springfield(see additional discussion in Subsection B below). The property requested for annexation abuts the Springfield city limits along the northern edge. 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 original Metro Plan UGB encompassed both Eugene and Springfield,with I-5 being the acknowledged boundary between Eugene and Springfield. With the passage of House Bill 3337 in 2007 and adoption of Ordinance 6268 in 2011, a separate and distinct UGB was created for Springfield using a tax lot by tax lot delineation. Springfield's UGB as delineated by Ordinance 6268 was subsequently Ordinance No. 6446 Exhibit D Page 4 of 8 revised and expanded upon adoption of Ordinance 6361 in 2016. The revised and expanded UGB is delineated on an individual tax lot basis and has been acknowledged by LCDC. Territory within the acknowledged UGB ultimately will be within the City of Springfield. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan- Urbanization Element as a component of 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 Springlield 2030 Comprehensive 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. Finding: The continued annexation of properties to the City of Springfield is consistent with Policy 29 of the Springfield 2030 Comprehensive Plan Urbanization Element which specifies annexation as the preferred mechanism for provision of urban services to properties within the UGB, which will result in the elimination of special districts within the urbanizable area. Finding: More detailed discussion of Public Facilities and Services in the Metro Plan (Section III-G) and the Eugene-Springfield Public Facilities and Services Plan(PFSP)—a refinement plan of the Metro Plan—contemplates eventual elimination of special service districts within each city's UGB as annexation occurs incrementally. Policy G.9 of the Eugene-Springfield PFSP states that Eugene and Springfield and their respective utility branches,Eugene Water & Electric Board (EWEB) and Springfield Utility Board (SUB), shall ultimately be the water service providers within their respective urban growth boundary. The requested annexation is consistent with this adopted policy. Finding: The territory requested for annexation is currently within the service area of the Willakenzie Rural Fire Protection District. The rural fire district has a service arrangement with Eugene-Springfield Fire Department for provision of fire response to unincorporated areas of south Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.520 and 222.524 and the City of Springfield will provide fire and life safety services to the annexation area via the consolidated Eugene-Springfield Fire department. Finding: In accordance with Policy 33 of the Springlield 2030 Comprehensive Plan Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. There is no rural water district serving unincorporated properties in this area of south Springfield. Therefore, annexation is required to obtain SUB water service to the property. Finding: In accordance with Policy 34 of the Springlield 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 Springlield 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,unless a health hazard abatement annexation is required. Finding: The subject property is currently vacant and is depicted as a portion of the Woodland Ridge Phase 3 subdivision area. Tentative subdivision approval for Woodland Ridge Phase 3 was granted on May 6,2022 pursuant to File 811-22-000040-TYP2. Condition 929 of the tentative subdivision approval requires annexation of the 2.33- acre portion of Tax Lot 2800 to the City of Springfield before the final subdivision plat can be filed. Ordinance No. 6446 Exhibit D Page 5 of 8 Finding: The applicant has submitted an application for annexation to the City (Attachment 2, Exhibit B), and an Annexation Agreement has been executed between the applicant and City (Attachment 2, Exhibit Q. The Annexation Agreement will need to be recorded at Lane County Deeds & Records to commemorate the division of financial responsibilities for the annexation request. Finding: The applicant will be responsible for paying applicable fees and System Development Charges(SDCs) and obtaining any necessary permits for connecting to and extending the City's utility infrastructure. The mechanism for approving construction plans for the extension of public streets and utilities to the annexation area is the City's Public Improvement Project (PIP) process. A PIP for the Woodland Ridge Phase 3 subdivision area has been submitted by the applicant and is currently under review by the City. 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 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 Springlield 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 Springlield 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 line along the northern boundary. Urban utilities have been stubbed out at the termination points of adjacent public streets to the west and north of the annexation territory and can be extended to serve the subject property. The Jasper trunk sewer line runs along the southern edge of the annexation area and can serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water— The Springfield Utility Board operates the public water utility system within incorporated areas of south Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, SUB water system facilities can be extended to the subject property. Electricity — SUB provides electric service to the neighborhoods in southeast Springfield that are north of the Mt. Vernon Road alignment. SUB owns and maintains electrical system infrastructure within the public streets that are to be extended to the subject property, including Holly Street and South 51st Place. 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 although it is most readily accessed through surface streets that are within the City limits. Upon annexation,this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services — Fire protection is currently provided to the annexation area by Eugene Springfield Fire Department under contract with the Willakenzie Rural Fire Protection District. Upon annexation, the subject Ordinance No. 6446 Exhibit D Page 6 of 8 territory will be withdrawn from the rural service district and Eugene Springfield Fire Department will continue to provide fire and emergency services to the site. Emergency medical transport (ambulance) services are provided on a metro-wide basis by the Eugene Springfield Fire Department. 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 southeast Springfield. Based on the existing and anticipated long-term use of the subject property for residential development, itis expected that the annexation territory will sustain permanent residents and potentially generate a school-age population in the future. The Springfield School District has capacity to serve the annexation territory in its current configuration, and to accommodate future population growth the District has acquired property for a public school site on the east side of Bob Straub Parkway in the Jasper Meadows neighborhood. Sanitary Sewer — The annexation territory has access to the existing Jasper trunk sanitary sewer line that runs within Jasper Road and then deflects northward into the subject property and continues eastward along the southern edge of the site. The developer will extend public sanitary sewer lines necessary to serve the Woodland Ridge Phase 3 area—including the territory requested for annexation— as part of the PIP plans for the subdivision. Stormwater — The subject annexation territory is served by apublic stormwater management system that is located in series of culverts and ditches along the Southern Pacific Railroad and Jasper Road rights-of-way. With planned development of the annexation territory as part of Woodland Ridge Phase 3, on-site stormwater facilities will need to be constructed to manage runoff and direct it to the public system. Review and approval of public and private stormwater facilities necessary to serve the property will be done in conjunction with the PIP plans for the subdivision. Streets — The western point of the subject annexation area is about 450 feet southeast of the intersection of Holly Street and South 49' Place. Holly Street is to be extended eastward from its current terminus in the Westwinds subdivision to serve the Woodland Ridge neighborhood. Holly Street will eventually span the Woodland Ridge neighborhood and connect with the eastern stub of Holly Street at South 54' Street in the Pinehurst neighborhood. South 51st Place is to be extended southward and uphill from its current terminus in Woodland Ridge Phase I and serve the Phase 3 subdivision area. There is no development Master Plan for the multi-phase Woodland Ridge development area, but the applicant has prepared a conceptual diagram showing other public streets that will be constructed to serve the neighborhood and connect with existing neighborhoods to the east and west. The segments of public streets will be approved and constructed in accordance with the PIP plans for the various subdivision phases. 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. Ordinance No. 6446 Exhibit D Page 7 of 8 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 Springfield 2030 Comprehensive Plan Urbanization Element are immediately available to the site or can be extended from adjacent properties and public rights-of-way as part of the approved development plans for Woodland Ridge. 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 larger,vacant parcel that is zoned for residential development. The applicant's Traffic Impact Analysis for future phases of Woodland Ridge(Phases 3-8)identifies off-site impacts of the planned residential development—specifically, a need to upgrade the traffic controls for the Daisy Street and Bob Straub Parkway intersection. Currently, Daisy Street has a stop sign where it intersects with Bob Straub Parkway. It is expected that intersection improvements that could include a traffic signal or roundabout will be required to maintain safe and efficient operations at Daisy Street and Bob Straub Parkway. Staff and the applicant have estimated the improvement costs for the intersection traffic signal at$1.5 Million. The Annexation Agreement provides a mechanism for calculating the applicant's proportional share of the future intersection improvements for the traffic signal based on traffic volumes generated by the Woodland Ridge development. Based on these calculations,the developer's proportional share is 5%of the overall cost or$75,000. An Annexation Agreement that spells out the timing and financial responsibility for these off-site improvements along with the methodology used for the cost calculations has been prepared for signature by the applicant and City(Exhibit Q. 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: The City Council conducted a first reading and public hearing of the Annexation Ordinance at the regular meeting on June 6, 2022. No written or verbal testimony was provided at the public hearing meeting. Based on the staff analysis and recommendations, and on the testimony provided at the Public Hearing, the City Council may now take action to approve, modify, or deny the Annexation Ordinance. Zoning(SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential(LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District(UF-10) applied to the zoning. Upon the effective date of the annexation, the OF-10 overlay will be automatically removed and the property will retain the LDR zoning. Effective Date and Notice of Approved Annexation (SDC 5.7-155): The subject annexation request is being presented to the City Council for second reading and adoption at the regular meeting on June 20,2022. Therefore,if the annexation is adopted after second reading on June 20, 2022, the Ordinance will become effective 30 days later(on July 20, 2022) or upon filing with Oregon Secretary of State, whichever date is later. Finding: The annexation area is within the delineated service territory of SUB (electric and water) and is served by Eugene-Springfield Fire under contract with Willakenzie Rural Fire Protection District. Concurrently with annexation to the City of Springfield, the annexation territory will be withdrawn from the Willakenzie Rural Fire Protection District. The Cities of Eugene/Springfield will continue to provide fire and emergency services after Ordinance No. 6446 Exhibit D Page 8 of 8 annexation, and the City of Springfield by and through the Springfield Utility Board will provide water and electric service after annexation. Consistent with SDC 5.7-160,notice was provided for the public hearing on June 6, 2022. DIRECTOR'S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7-140 and the posted and newspaper notice requirements of SDC 5.7-130.0 were met for this annexation request. The City 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 same territory from the Willakenzie Rural Fire Protection District. Ordinance No. 6446