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Ordinance No. 6456
CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6456 AN ORDINANCE ANNEXING CERTAIN TERRITORY (4096 NORTH STREET AND PUBLIC RIGHTS-OF-WAY FOR AN APPROXIMATELY 630-FOOT LONG SEGMENT OF NORTH STREET) 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 January 6, 2023, said territory being Assessor's Map Township 18 South, Range 02 West, Section 06, Map 14, Tax Lot 8400, which is addressed as 4096 North Street and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, the concurrent annexation of an approximately 630-foot long segment of North Street as generally depicted and more particularly described in Exhibit A to this Ordinance is in the public interest as the City will be able to upgrade the street to urbanizable standards; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of 4096 North Street 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, the City Council of the City of Springfield has determined that the provision of City services to the subject area is necessary because of the planned future partition and development of the site; 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 R-1 Residential District 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(8)), and to withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, the applicant and City have executed an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for provision of public streets, sanitary sewer service, and other necessary utilities to the property; and WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on April 3, 2023, the Springfield Common Council conducted a public hearing which was continued until April 17, 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 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 upon the date of its filing with the Secretary of State as provided by ORS 222.180. ADOPTED by the Common Council of the City of Springfield, this 17th day of April , 2023, by a vote of 5 for and 0 against. APPROVED by the Mayor of the City of Springfield this 17th day of April , 2023. �a- Mayor ATTEST: City Recorder REVIEWED&APPROVED AS TO FORM DATE. 7n 9.1 .,PRINGFTFLD CIT/ATTORNEY'S OFFICE Ordinance No. 6456 Z a - O w a S w LL Lij gw° Q O C) LLC14 FE C2 oawi3 � �� MM���� R as r �waa4e Cl) �s�s'sa F ao aN \ a ani wo N , N ✓ o _ Z ai ul �u m jo � I ��'\ i Ll fOi HT11(15- g V.i I x F anlao -------------- ACIV- o f iffifffffi e - $ - ----- co oa >i oa i Q ..oN ❑ ¢ ✓�\- J Q _ $o of R ' L of Y J ply o " U F— I 8 a jl ' V Z Q wi �I � ' L cy) tiU i / fffffi _�r so^ �Q � � >.>s� ry o v❑il i `a � ! 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Ordinance No. 6456 Exhibit B Page 1 of 13 City of Springfield SPRINQFIELD Development & Public Works 3 225 Fifth Street Springfield, OR 97477 lj Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: ER Annexation Application Submittal: ❑ iRequired Proposal Information • . . Complete Property Owner: Scott and Rachel Spiker Phone: Address: 317 41 Ave, San Mateo, CA 94403 Fax- E-mail: Owner Signature: Owner Signature: Agent Name: Jed Truett Phone 541-302-9830 Company: Metro Planning, Inc Fax: Address: 846 A St. Springfield, OR 97477 E-mail 3ed@metroplann'ng. com Agent Signature: _F If the applicant is other than the owner,the owner hereby grants permission 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. ASSESSOR'S MAP NO: 18-02-06-11 TAX LOT NQ 5 : 400 Property Address: 4096 North St. Springfield, OR 97478 Area of Request: Acres:0. 36 1 Square Feet: 15682 Existing Use(s) Single Family Dwelling of Property: Proposed Use Three-lot partition for construction of three duplexes of Property: 'Required . . - . Complete Case No.: Date: Reviewed By: initials Application Fee: Postage Fee: Total Fee: Revised 4/8/14 B] pag6dW�p j,�No. 6456 Exhibit B Page 2 of 13 City of Springfield SPRINGFIELD Development & Public Works 3 225 Fifth Street Springfield, OR 97477 j Annexation Application Type IV Application ■ - A ■ ■ ■ Annexation Application Pre-Submittal: 13 Annexation AR112fication Submittal: ❑ Required Proposal Information (Applicant: Complete This Section) Property Owner: Scott and Rachel Spiker Phone: Address: 317 41 Ave, San Mateo, CA 94403 Fax: E-mail: Owner Signature: Owner Signature: Agent Name: Jed Truett Phone 541-302-9830 Company: Metro Planning, Inc Fax: Address: 846 A St. Springfield, OR 97477 E-mail jed@metroplann' ng. com Agent Signature: If the applicant is other than the owner,the owner hereby grants permission 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. ASSESSOR'S MAP No: 18-02-06-11 1 TAX LOT No S 400 Property Address: 4496 North St. Springfield, OR 97478 Area of Request: Acres:0.3 6 Square Feet: 15682 Existing Use(s) Single Family Dwelling of Property: Proposed Use Three-lot partition for construction of three duplexes of Property: Required Property ■ Complete Case No.: Date: Reviewed By: initials Application Fee: Postage Fee: Total Fee: Revised 4/8/14 BJ pagredAyclejNo. 6456 Exhibit B Page 3 of 13 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the Information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: ��- Date: Si r C� Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: ` Date: �— S i0fiku, re Print Revised 4,18/14 BJ P�'.1iYqqcP�No. 6456 Exhibit B Page 4 of 13 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. 1/we do hereby acknowledge that 1/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: ow Date: °i' a Z_ Sighakure Prin Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal,and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: cl 2 �� Signat re Pri nt Revised 4/8/14 B] PQWa0Tf7No. 6456 Exhibit B Page 5 of 13 ANNEXATION APPLICATION FOR Scott and Rachel Spiker WRITTEN STATEMENT Submittal No.: 1 Document Date: December 8,2022 r Applicant's Request: Approval of annexation of subject property 4096 North St. LAND USE PLAIININi AND CM BLIND SERVICES Property Owner/Applicant: Scott and Rachel Spiker 846 A STREET 317 41 Ave SPRINGFIELD,OREGON 97-477 San Mateo, CA 94403 15-411 302-9830 WWW.METROPLAN NING.CCJM Applicant's Representative/ Metro Planning, Inc. Planner/Project Coordinator: c/o Sed Truett 846 A Street Springfield, OR 97477 Tel (541) 302-9830 Civil Engineer: A&O Engineering, LLC c/o Scott Morris, PE 386 Q Street Springfield, OR 97477 Tel (541) 302-9830 Subject Property: Map 18-02-06-11; Tax Lot 00400 Location: 4096 North St. Springfield, OR 97478 Property Size: 0.36 acres Zoning: LDR— Low Density Residential Metro Plan: Medium Density Residential Development Plans Proposed Tentative partition to create three standard with this Annexation: lots. Ordinance No. 6456 Exhibit B Page 6 of 13 Annexation Application for Scott and Rachel Spiker Background This is an annexation application for approximately 0.36 acre site, located in south Springfield, in an area presently zoned R-1 residential. The subject property is located outside City of Springfield city limits, but within the Urban Growth Boundary (UGB). The subject property is contiguous to city limits on three sides. The development plan associated with this annexation application is a tentative three-lot partition that will create standard lots out of one existing lot. Duplexes will eventually be built on each lot. Presently there is an existing residence and a detached garage. This property will remain until the first duplex is built on one of the lots. The proposed annexation and the associated development plan are consistent with the City's Metro Plan medium density residential designation. 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 5J-140. 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 L-e appro ved 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 utban growth boundary;and is 1. Contiguous to the city limits;or 2. Separated from the City only by a public right-of-way or a stream,lake or other body of water. The subject property is contiguous to city limits on the western, northern, and eastern property lines.Taxlots 501, 502 and 503 are within the city limits and adjacent to the western boundary of the subject property. Filbert Ln and North St,which have both been annexed to the city, border the east and northern property lines of the subject property, respectively. B. The proposed annexation is consistent with applicable policies in the Metro Ran and in an y applicable refinement plans or Ran Districts. Currently, the subject property is located within the City's urban growth boundary and is zoned in compliance with the City's R-1 zone (low density residential). The Metro Plan diagram shows that the subject property is located within an area designated for medium density residential development. The development plan associated with this annexation includes a tentative partition that will create three(3) residential standard lots out of one existing lot.A duplex will be constructed on each, which is consistent with the Metro Plan designation (medium density residential) for this area. The subject property is in South Springfield. There is no refinement plan associated with this area. 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 kfan, can be provided in an orderly, efficient and timely manner. The minimum level of key urban facilities and services can be provided in an orderly,efficient, and timely manner. Briefly, • Fire protection is provided by Willakenzie Rural Fire Protection District and Eugene Springfield Fire • There is LTD service to the area Metro Planning, Inc. December 8, 2022 12 Ordinance No. 6456 Exhibit B Page 7 of 13 Annexation Application for Scott and Rachel Spiker • Nearest Schools are Mt Vernon Elementary, Agnes Stewart and Springfield High School. • Electric, water and wastewater services currently exist for the property. See the preliminary Utilities plan included in this application. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreementor other mechanism approved by the Oty Council. Fiscal impacts to the City will be mitigated after the Annexation Agreement which includes improvements along Filbert Lane, built to city standards, as a condition of development. Please see preliminary utilities plan included in this application. If there are any questions or concerns, please do not hesitate to contact me at Metro Planning via email (iedOmetroplanning.com)or phone (541-302-9830). Rega rds, Jed Truett Principal Planner Metro Planning, Inc. December 8,2022 Ordin(dgC.2-,e, o r o rt � m u .A w � � � fa it B Page 8 of 13 ti rt rr (D fD (D n m r r7 CL rlr -4 rt t n = eM 1 r-F ftp Q 1 :3 O O k Z3 GI rt 0 o ❑ mew o r Ln 73 CD (D1 �, � � -1 � or (D -0 11�' TI m- ❑ -0 a � m Zr C n (D b �� � -0 rD o = m va t o -3 0 � m a N � `' ao 1 rt n O Qj r+ C x � r� CD 7 tr rt Cti o ; 7t r(-r0 -•1 [n Aj CD o rn n ro �, '� ° 0i r-r� -I Ln 3 Q N rr fi Z 'fin n Z) n < fa fG F Cn Z o 3 < o O C o N m NX 41 N C 0 r�-r U] ^ Q O rr CD % 4 Nrnr m X � Cf]m CD o m a ` r, H 3 D p rt o �, [rob N rr rr rr cc m . Z [4 I-h o * n — N Q rn �' sti [F7 rt N fl} �❑ o � I-' b Q v_ x V , m � -C � � Gn Q `� CTI F p n � R] r7 N T N o Q n) � a x �' rt zF rD rro WmM =r 00 Co 3-00, a Z rt-O o to m 7 tr fp (DU) o � C �� > n O n Gp b a a ,, Q o ° rt -, `° o rr N zi O rn (Dm ( o m ra pro d r a m ::3a rt ?; r•.a d n � ° k A ❑- r o z v o �°i a - ro a _b p > D C~p C p n N rryp W N Ol W rt rr = C n a N `° Ordinance No. 6456 Exhibit B Page 9 of 13 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Assessed Imp. Signed Signed (Map/lot number) Name of Owner Acres Value Y f N Yes No 18020611 400 Rachel Spiker 0.36 T71,77T— X 18020611 400 Scott Spiker 0.36 132.679 'Y X TOTALS: 0.36 $132,679 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 2 NUMBER OF OWNERS WHO SIGNED 2 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 0.36 ACREAGE SIGNED FOR 0.36 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $132,679 VALUE CONSENTED FOR $132,679 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 4/8/14 B] 14 of 17 Ordinance No. 6456 Exhibit B Page 10 of 13 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: jed@metroplanning.com Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 1 • Other Uses: • Land Area: 0.36 total acres • Existing Plan Designation(s): Residential • Existing Zoning(s): Low Density Residential • Existing Land Use(s): single family dwelling • Applicable Comprehensive Plan(s): Low density residential • Applicable Refinement Plan(s): There are none for south Springfield • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. This area will remain residential and address middle housing. • Are there development plans associated with this proposed annexation? Yes X No If yes, describe. Subject property will be partitioned into three standard lot parcels with a duplex constructed on each. • 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, northern and eastern boundary. Revised 4/8/14 BJ Page 15 of 17 Ordinance No. 6456 Exhibit B Page 11 of 13 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 ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD EX SUB ❑ Willamalane Parks and Rec District ❑ Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. Jed Truett, Metro Planning, Inc (Name) (Name) 846ASt (Address) (Address) Springfield, OR 97477 (City) (zip) (City) (zip) (Name) (Name) (Address) (Address) (City) (21P) (City) (zip) Revised 4/8/14 BJ Page 16 of 17 Ordinance No. 6456 Exhibit B Page 12 of 13 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: 18020611 00400 4096 North St 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 print or type name Signature Date Signed Rachel Spiker Scott Spiker LGOG: L 43C4200B SOUNCHANGE TRANSITION fAPPLICA TTON FORMS(SPRINGFIELD UO-03-08 UPDATE©FORMSWRE-SUBM7ITFAL ANNEXATION APPLICATION 10-07-03.DOC Last Saved: January 19,2016 Revised 4/8/14 BJ Page 17 of 17 Ordinance No. 6456 �� � r s3ereza uoBa.ep ftyun.op auv7 p1a_y'Bu?,cdg """„"'�", wEM(losl'ano e� Mtla'xe aano�ss .1 ,L,9NI S MI YON — YJIVIdS M� w w o ov�isa vro'ax�n�nn© J,o ` o 11 Oupou!8ua o w v �� N Vd US ]A U bl N 1l �z �tl�3ro a s iv�wuns sNolstAM U' J F a y 3 g s a d a a a a a a ® s2 orl o ®© ® ® o L o� �M� ^✓-I O Op — U' > �c� a opo � � i2 — 6 d ^�II ronn aaw �iw. 12 �i� u it il� i it Q 3g oil £ W ZZp03E?2p ¢ -i 3� Qo hid 3p�� No Sa w E'A O O w �N.,N 34NNN O O 9 d7 86774 11r N 24-5T=, — r� A,a— 1— _ — —�. — z4sT �—,s -- — — s, -------------- ,JW � a w - w r �2 EOL I ]6'I PANNG � '.A'RJW W 3 O O I � t �� ExhibitiLOREGO �� lJfL87 TYPE 4 -ANNEXATION STAFF REPORT AND FINDINGS OF FACT N File Name: Spiker Annexation MENEM � Applicant: Scott&Rachel Spiker - Case Number: 811-23-000002- TYP4 �M Proposal Location: 4096 AnnexatiA Area North Street Assessor's Map 18- 02-06-11,TL 400 and segment of North Street Current Zoning & -- ■. Comprehensive Plan Designation: Low Density Residential(R-1)with the Urbanizable Fringe Overlay(UF-10) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Comprehensive Plan Application Submittal Date: January 6,2023 Associated Applications: 811-22-000224-PRE(Development Issues Meeting); 811-22-000268-PRE(Pre- Submittal Meeting held December 20,2022) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE: POSITION REVIEW OF NAME PHONE Project Manager Planning Tom Sievers 541.726.2333 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 Gilbert Gordon 541.726.2293 Building Official Building Chris Carpenter 541.744.4153 Review Process(Springfield Development Code(SDC)5.7.115): The subject annexation request is being reviewed under Type 4 procedures,without Planning Commission consideration. Development Issues Meeting(SDC 5.7.120): A Development Issues Meeting(DIM)is required of all public agency and private landowner-initiated annexation applications,unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on November 3, 2022 (Case 811-22-000224-PRE). Conclusion: The requirement in SDC 5.7.120 is met. Page 1 of 8 Ordinance No. 6456 Exhibit C Page 2 of 8 Annexation Initiation and Application Submittal (SDC 5.7.125): In accordance with SDC 5.7.125(13)(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 1: The property owners who own all the land and real property, and full assessed value of real property in the contiguous territory, have filed an application and petition requesting annexation to the City of Springfield(Attachment 2,Exhibit B). Finding 2: In addition to the petition,the submitted application includes the required documents listed under SDC 5.7.125(B). This includes a Verification of Property Owners signed by the Lane County Department of Assessment and Taxation, the Ownership Worksheet, and a Waiver Form in accordance with ORS 222.173 (all within Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7.125 have been met. Site Information: The subject property, 4096 North Street, has an existing residence on site along with a pull through driveway with site access from both North Street and Filbert Lane. The corner property is located at the northwest corner of the North Street and Filbert Lane intersection. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its eastern, western, and northern boundary. Zoning for the property is Residential(R-1)district with an Urbanizable Fringe Overlay(UF-10)applied according to the City's Zoning Map. Based on the applicants' submittal,the primary purpose of the annexation request is to facilitate a future three-lot partition. A public sanitary sewer line stub is already available at the site's southwest corner and would be extended to serve the existing residence. An Annexation Agreement has been signed by the applicants and is ready for execution by the City. The Annexation Agreement outlines the applicants' responsibilities and financial obligations for provision of public streets,utilities, and services to the property. 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 ambulance services (Eugene/Springfield Fire)'. The applicants currently receive water service and fire protection from the Springfield Utility Board (SUB) and the Willakenzie-Springfield Rural Fire Protection District (RFPD). SUB operates the existing electric and water utility infrastructure along the North Street and Filbert Lane frontages. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer, water (retained through SUB), electricity(retained through SUB), and police/fire response (through Eugene/Springfield Fire)to the subject area. The approximately 54,500 square foot proposed annexation area consists of the 0.36-acre subject property and the additional right-of-way segment of North Street. 1 The subject property currently receives emergency services from Eugene/Springfield Fire through long-standing contractual agreements. The standards of coverage can be found here: https://www.eugeneor.gov/DocumentCenter/View/56636/Standards-of-Response-Coverage FY-2020?bidld= Page 2 of 8 Ordinance No. 6456 Exhibit C Page 3 of 8 I®MM®®� t Notice Requirements(SDC 5.7.130): Consistent with SDC 5.7.130,notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed March 7,2023,and a re-notice was sent on March 17', 2023, both of which were 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 (Eugene/Springfield Fire) and all other public utility providers (Springfield Utility Board, CenturyLink Telecommunications); and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. The re-notice was necessary to ensure that all the residents within 300 feet of the entire road right of way to be annexed received notice. 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 811-23-000002-TYP4. Newspaper Notice. Notice of the April 3, 2023, public hearing was published in The Chronicle on March 16"`and 23rd ADDENDUM-The original newspaper notice that was published contained a typo,which stated that the public hearing would be conducted on `Tuesday April 3,2023' when, in fact,April 3rd was a Monday. The error was corrected to state `Monday April 3, 2023' and a new notice was published in The Chronicle for two consecutive weeks running from March 30,2023,to April 6,2023. To rectify the situation,the public record was left open during the April 3rd City Council public hearing to allow for a sufficient comment period. The hearing may be closed during the second reading at the April 17'h City Council session and action may be taken on the item at that time. Posted Notice. A total of 4 notices were posted for the April 3rd public hearing. Notice was posted on both the City of Springfield website and the Department of Public Works' Digital Display in City Hall on March 10'h and March 17'h respectively. Three notices were also posted along the subject property street frontages,with one along North Street,Filbert Lane,and South Redwood Drive on March 20'h. Finding 3: Upon annexation of the subject territory to the City, the underlying Residential (R-1) district 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 January 20,2023,meeting the 35-day advance notice as required. Page 3 of 8 Ordinance No. 6456 Exhibit C Page 4 of 8 Finding 4: Staff received one written comment from the public on this application prior to this report being finalized. Finding 5: In an email dated March 18,2023,David Van Driesche (798 Filbert Lane),wrote in opposition of the proposed annexation stating "I am opposed to the annexation of the 0.36-acre property for the proposed use for construction of 3 duplexes. I would suggest that there is inadequate parking for 3 duplexes. The property line along Filbert Lane is marked no parking. Even if that was changed to allow on street parking,it would greatly exacerbate the congestion during school drop off and pick up times.Any on street parking will make it more difficult for busses or fire trucks to maneuver. Limiting the proposed use of property to a maximum of 3 single unit detached dwellings,would decrease any on street parking issues and would be acceptable." Finding 6: Staff finds that the opposition does not pertain to the annexation application itself,but rather to a future development application that has not yet been submitted. Parking will be addressed at the time of a future development application. Minimum Parking Standard Table 4.6.2 in the Springfield Development Code shows that a single unit detached dwelling is allotted two spaces for each dwelling and a duplex is allotted one space per dwelling,for a total of two spaces. This standard is not applicable to this annexation request. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7.140, which are provided as follows with the SDC requirements,findings,and conclusions. The Director's recommendation follows SDC 5.7.140, Criteria. Criteria(SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake, or other body of water. Finding 7: The subject annexation territory is located within the City of Springfield's acknowledged urban growth boundary(UGB). The property requested for annexation abuts the Springfield city limits along its eastern,western, and northern boundaries. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with Criterion A(1), Subsection 5.7.140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding 8: 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 9: The Springfield 2030 Comprehensive Plan amends the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) through adoption of ordinances since 2011. Volume 1 of the Springfield 2030 Comprehensive Plan includes the following elements: Economic,Residential Land Use&Housing,Recreation,Transportation,and Urbanization. In December 2016, Springfield adopted the Urbanization Element 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 10: The territory requested for annexation is withi an area that is zoned R-1 Residential District and is Page 4 01 S Ordinance No. 6456 Exhibit C Page 5 of 8 designated for Low Density Residential(R-1)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 11: 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 within the UGB will diminish incrementally and eventually will be dissolved. Finding 12: The territory requested for annexation is currently within the service area of the Springfield Utility Board (SUB) and receives fire protection service from the Willakenzie-Springfield RFPD via Eugene/Springfield Fire. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will remain in the combined fire and life safety departments of the Cities of Eugene& Springfield for fire protection and emergency medical service directly to the annexation area. Finding 13: 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. SUB will continue to be the service provider upon annexation. Finding 14: 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. If this annexation request is approved and the Annexation Agreement is executed,the subject property will be provided with new urban services such as public sanitary sewer. Finding 15: 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. The property owners applied for annexation to the City(Attachment 2, Exhibit B), and an Annexation Agreement is already signed by the applicant and is prepared for execution by the City in order to receive City services and improve site frontage to urbanizable standards along North Street and Filbert Lane (Attachment 2, Exhibit D). 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 16: 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 17: 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 18: 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. Page 5 of 8 Ordinance No. 6456 Exhibit C Page 6 of 8 Finding 19: The territory requested for annexation is contiguous with the City Limits along its eastern, western, and northern boundaries. Urban utilities including sanitary sewer,electricity,and water service,have been extended within the North Street and Filbert Lane ROWS 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 and future development. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area. Water— As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation,the applicants will continue using the existing water connections or extend public water lines necessary to serve the subject property and future development of the site. SUB states that there is enough capacity for the existing water connection to serve the current residential use (SUB Water Representative: Keoki Lapina, KeokiL e,subutil.com). Electricity — SUB provides electric service to the neighborhoods in Springfield within incorporated areas of Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical system infrastructure within the Filbert Lane public ROW will continue to provide service to the subject property and continue to be maintained by SUB. The existing infrastructure is designed to meet the capacity needs for residential uses in the vicinity. Police Services — Springfield Police Department currently provides service to areas of Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriffs 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 via the Willakenzie-Springfield RFPD. Upon annexation,the Eugene/Springfield Fire Department will provide fire and emergency services directly to the subject territory. Emergency medical transport(ambulance) services are provided on a regional 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 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's residents will be served by the Springfield Public Library. Schools — The Springfield School District serves this area of Springfield. The Springfield School District has capacity to continue serving the annexation area and its residents in its current configuration. Sanitary Sewer — Currently,the subject property is served by a septic system. An existing public sanitary sewer system is located in North Street. It consists of an 8"main with a 6"lateral extended to this property. City Staff evaluated the Wastewater Master Plan, and using the assumptions provided within,deemed a sewer capacity Page 6 of 8 Ordinance No. 6456 Exhibit C Page 7 of 8 analysis consistent with EDSPM section 2.02.2 is not required. No future permitted use would increase demand on the system beyond 5000 gpd or 10% of downstream capacity as planned in the Wastewater Master Plan. Future partition and buildout of the lots must install laterals along Filbert Lane for residential service. Stormwater —The subject property is not currently served by public stormwater management systems. Extension and expansion of the public stormwater system is not yet planned for this vicinity,and stormwater runoff must be managed and mitigated on site. An existing public storm sewer system is located in the North Street and Filbert Lane ROWS. Streets — The Property has legal and physical access to Filbert Street. The property also has frontage along North Street,which is not improved to urbanized standards. Currently,both streets provide adequate access for the existing residential use. However, access from North Street will be closed prior to partition of the site. Full improvements along the site frontage of both Filbert Lane and North Street per clauses 1.1.1 and 1.1.2 in the draft Annexation Agreement will be required upon any subdivision or addition of dwelling units consistent with zoning. Solid Waste Management—The City and Sampac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service would be provided by Sampac. Communication Facilities—Various providers, such as CenturyLink, 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 (UGB). 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 20: 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 and have the capacity to serve the site. Conclusion: Based on the Findings above,the proposed annexation, if approved,will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly efficient and timely manner because of their availability and capacity levels meet the City's requirements. The proposal 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 21: An Annexation Agreement that outlines the applicants' financial responsibility for provision of public streets and utilities necessary to serve the property is available for review(Attachment 2,Exhibit D). The Annexation Agreement will need to be executed by both the applicants and City for the annexation action to be concluded. Upon future development and change of use on the subject property,the property owner will be responsible for the cost of constructing the public improvements necessary to serve the area. Therefore,any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. Conclusion: The proposal meets and complies with Criterion D, Subsection 5.7.140. Withdrawal from Special Service Districts (SDC 5.7.160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7.150. Page 7 of 8 Ordinance No. 6456 Exhibit C Page 8 of 8 Finding 22: The annexation area is within the delineated service territory of SUB (electric and water) and Willakenzie Rural Fire Protection District(contracted fire response). The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will provide water service after annexation. Consistent with SDC 5.7.160,notice was provided for the public hearing on March 7, 2023, and March 17, 2023. Withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City.The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 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. DIRECTOR'S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7.140, and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District. Page 8 of 8 Ordinance No. 6456 Exhibit D Page 1 of 8 ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Scott and Rachel Spiker("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 , for Assessor's Map No. 18-02-06-11, Tax Lot 00400, 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-10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential(LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment 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. 6456 Exhibit D Page 2 of 8 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located in both Filbert Lane and North Street with sufficient depth and capacity to support additional dwelling units on this property. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public storm sewer system is located in Filbert Lane with a catch basin at the corner of North Street and Filbert Lane to serve as overflow for stormwater treatment systems on this property. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Filbert Lane, South Redwood Drive and North Street. • Filbert Lane,North Street and South Redwood Drive are classed as local roads • South Redwood Drive is paved with curb, gutter, sidewalk and storm drains to the corner of Redwood and Filbert. • Filbert St. is paved with curb and gutter but no sidewalk on this property frontage. • North St. is paved without curb and gutter or sidewalk on this property frontage. • Additional right-of-way dedication will be needed at the corner of Filbert and Redwood St. to accommodate future sidewalk and ADA facilities at this corner. J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. 1.1.1. APPLICANT shall dedicate the Filbert Lane right-of-way needed for sidewalk and ADA ramps as generally depicted in Exhibit B and shall improve Filbert Lane to full City standards, including but not limited to: planter strips, street trees, streetlights and sidewalks including ADA ramps at the corner of South Redwood Drive and Filbert Lane upon any subdivision or addition of dwelling units on this property. 1.1.2. APPLICANT shall improve North Street to City standards for an alternative street section(depicted in Exhibit B) along the full frontage of this parcel with drainage ditches, planter strips, street trees, streetlights and sidewalks including ADA ramps ANNEXATION AGREEMENT—Page 2 of 7 Ordinance No. 6456 Exhibit D Page 3 of 8 at the corner of North Street and Filbert Lane upon any subdivision or addition of dwelling units on this property. 1.1.3. APPLICANT will provide any additional easement or ROW dedication as needed by SUB electric for surface utility pads as needed to move all electrical services for the existing and any additional structures on this site upon subdivision or addition of dwelling units on this property. The existing above ground poles may remain for transmission of services to this and nearby properties as long as those properties remain in the current condition. 1.1.4. Applicant agrees to pay for the installation of streetlights on existing poles offsite from this lot across the street from this property to avoid addition more poles along this property's frontage if that is determined to be more desirable during permit review. 1.1.5. Applicant agrees to close the existing driveway onto North Street and install all future driveways for the existing or any additional lots or structures away from the intersection of Filbert Lane,North Street and South Redwood Drive per the requirements in the Springfield Development code. 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies, permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of 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. ANNEXATION AGREEMENT—Page 3 of 7 Ordinance No. 6456 Exhibit D Page 4 of 8 5. Mutual Coolieration. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers,petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property,under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District(LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide 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 Turd and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et sera. 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 waive 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 ANNEXATION AGREEMENT—Page 4 of 7 Ordinance No. 6456 Exhibit D Page 5 of 8 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. 6456 Exhibit D Page 6 of 8 DATED this Z2 day ofd—, 20ZZ IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT B Date It STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY AS OF (APPLICANT) V �5ee a+-1-ached CA CeaT lg NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT—Page 6 of 7 Ordinance No. 6456 Exhibit D Page 7 of 8 CITY OF SPRINGF ELD By. Nancy Ne - )n, City Manager STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON HWA ' O ,2023BY�Aj AS OF � (CITY) 0 OFFICIAL STAMP AILYSON D -ORE NOTARY PUBLIC FOR OREGON ? NOTARY PUBLIC-OREGON f COMMISSION NO.1017411 MY COMMISSION EXPIRES OCTOBER 18,2025 ANNEXATION AGREEMENT—Page 7 of 7 Ordinance No. 6456 Exhibit D Page 8 of 8 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of On ,r�� r/�� before me, 1... 1 l 6 Y , Date �� {� Here Insert Name andTitleof the fficer personally appeared ,.3tj Ji {—eta I aY a(� Sy Ler Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 0— my LINA A,JONES paragraph is true and correct. COMM. #2358064 z IxNotary Public•California 0 WITNESS my hand and official seal. San Mateo County Comm.Expires May 18,2025 Signature , Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: h A Document Date:, Number of pages:. evel, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ ❑ Other: _ Signer is Representing: — Signer is Representing: _ 02019 National Notary Association Ordinance No. 6456