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HomeMy WebLinkAboutMeeting Packet Planner 8/30/2023AGENDA DEVELOPMENT REVIEW COMMITTEE DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET Conference Room 616/ MS Teams StaffReview.' Tuesday, September 19,2023 A'00-9;30 a.m. 1. Annexation 811-23-000197-TYP4 811-23-000066-PROJ Springfield Utility Board Assessor's Map: 17-02-27-00 TL: 2002 Address: 954 65`h Street Existing Use: Vacant Applicant submitted proposal to annex 4.41 acre parcel Planner: Andy Limbird Meeting: Tuesday, September 19, 2023 9:00 — 9:30 virtual meeting via Microsoft Teams The Complete DRC Packet for this meeting is available online for you to review or print out from the laserfiche website: htti)://www.si)ringfield-or.gov/weblink8/browse.asi)x SI 1 t VICINITY MAP 811-23-000197-TYP4 Annexation 17-02-27-00 TL 2002 954 66" Street Springfield Utility Board City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 IESPRINGFIE Annexation Application Type 4 Application Type (Applicant., Check one) Annexation Application Completeness Check: Annexation A lication Submittal: I ❑ Required Proposal Information (Applicant., Complete This Section) Property Springfield Utility Board (SUB) Phone: 541-726-2396 Owner - Address: 1202 S. 18th Street, Springfield OR 97477 E-mail: Owner Signature:p Owner Signature: X g 17 a3 Agent Name: Rick Satre, AICP, ASLA, CSI Phone: 541-666-4540 Company: THE Satre Group Fax: Address: 375 West 4th Ave., Ste. 201, Eugene, OR 97401 E-mail @satregrpup. "m 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: 17-02-27-00 TAX LOT NOS 02002 Property Address: No Address - north end of 65th Street Area of Request: Acres: 4.41 Square Feet: Existing Use: Vacant Proposed Use: proposed future Water Treatment plant - Rezone to PLO Required Property Information (City Intake Staff., Complete This Section) Reviewed Case No.: Date: By: initials Project No.: Placard: Application Fee: postage Fee: Total Fee: Revised 04/17/2023 slm - Page 8 of 16 August 25, 2023 SPRINGFIELD UTILITY BOARD MCKENZIE RIVER SOURCE DEVELOPMENT Annexation — Final Submittal Map 17-02-27-00, Lot 2002 Written Statement In accordance with SDC 5.7-125, Annexation Initiation and Application Submittal, the applicant, Springfield Utility Board (SUB), is requesting that the City of Springfield reviewthis annexation request and determine that the proposal complies with criteria contained in SDC 5.7-140 and that the requested annexation can be approved. To aid Springfield staff in this endeavor, the following information is provided. THE SITE AND EXISTING CONDITIONS A. Planning Context The subject property is inside the Urban Grown Boundary (UGB) and outside the City Limits of Springfield. The site is contiguous to the area inside City of ""'� Springfield city limits on its south and west I boundaries. The Metro Plan designation, neighborhood plan designation and zoning for the subject property is as follows: 1 Metro Plan: Low Density Residential _ - Refinement None '� E Plan: E Base Zone: Low Density Residential � Overlay Urbanizable Fringe E Zone: fi E ` 1 MFOH INS ; v Subject property Property E ST r E E t H m ATLxL B. Subject Site The existing property is comprised of one tax lot (Map 17-02-27-00, Lot 02002). Tax Lot 2002 is accessed from 651n Street, which terminates at the property's southern boundary. Thurston Middle School is to the west, single-family development is to the south and rural residential development is to the east. The site is vacant and is approximately 4.41 acres in size. Excerpt Springfield Zoning Map April 2023 PLANNERS + LAND SCAPE ARCHITECTS + 375 West 4th, SuHe 201, Eugene, OR 97401 Phone: 541.696.15/0 www.sa.regi oup.com Springfield Utility Board - McKenzie Water Source Development Page 2 of 4 Annexation - Written Statement August 25, 2023 C. Development Objective The development objective for Springfield Utility Board (SUB) is to develop the lot with an expansion of awater treatment facility associated with the Thurston Wellfield. With the wellfield's location just beyond the City of Springfield's Urban Growth Boundary, and this tax lot straddling the UGB, an annexation is the starting objective. Other land use applications for Springfield could include a Zoning Map Amendment and Site Plan Review. II. ANNEXATION -APPROVAL CRITERIA Annexation Approval Criteria are found in Section 5.7-140 of the Springfield Development Code (SDC). Applicable sections of the Code are in bold italics followed by proposed findings of facts in normal text. SDC 5.7-140. An annexation application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary,, and is contiguous to the city limits; or separated from the City only by a public right-of-way or a stream, lake, or other body of water. Response: The affected territory is located within the city's urban growth boundary and is contiguous to the city limits on its southern, eastern, and western boundaries. Given this, criterion 5.7-140(A) is met. B. The proposed annexation is consistent with applicable polices in the Metro Plan and in any applicable refinement plan or Plan Districts; Response: The subject property is designated Low Density Residential on the Eugene/Springfield Metro Plan diagram. There are no applicable refinement plans or Plan Districts. Once annexed into the City of Springfield, the Urbanizable Fringe (UF -10) overlay will no longer apply, and the site will be zoned Low Density Residential. The applicant, SUB, may apply for a subsequent Zone Change to change the property to Public Lands Open Space (PLO). This designation on the property allows government facilities and will allow SUB to construct a water treatment plant. METRO PLAN: Applicable policies of the Metro Plan are listed below: Growth Management Goals. Findings and Policies: • Policy Be. Land within the UGB maybe converted from urbanizable to urban only through annexation to a city when d is found that: A minimum of key urban facilities and services can be provided to the area in an orderly and efficierd manner. The Satre Group . 375 W 4• Avenue, Suite 201, Eugene, OR 97401 .(541) 6864540.w.va.ememoun.aom Springfield Utility Board — McKenzie Water Source Development Page 3 of 4 Annexation — Written Statement Response: Minimum key urban facilities and services as defined in the Metro Plan includes wastewater, stormwater, transportation, solid waste management, water service, fire and emergency medical service, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district -wide basis (Metro Plan, Chapter V, Glossary, definition 24). As documented elsewhere in this application these key urban facilities and services have been provided to the subject site in an orderly and efficient manner. • Policy 10. Annexation to a city through normal processes shall continue to be the highest Priority. Response: Annexation into the corporate limits of the City of Springfield is codified in the Springfield Development Code (SDC) 5.7.100- 5.7.165. Processes and procedures regarding application, annexation, approval criteria, effective date and notice, and withdrawal from special districts are, by submittal and processing of this Annexation Application, being followed. • Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. Response: The subject site is inside the Springfield's Urban Growth Boundary. By this Annexation Application herein, the land within the UGB (the subject site) is being annexed and as required by applicable approval criteria, will be provided with the minimum level of urban facilities and services. • Policy 18. As annexations to cities occur over time, existing special service districts within the UGB shall dissolve. The cities should consider developing intergovernmental agreements, which address transition issues raised by annexation, with the affected special service districts. Response: A special district providing services to the subject property is the VWllamalane Park and Recreation District. Wllamalane is not contemplated to dissolve. VWllamalane and the City of Springfield have an intergovernmental agreement regarding property annexation into the City, therefore, when a property is annexed, annexation into the Wllamalane Park and Recreation District also occurs. • Policy 21a When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the followirg method. Annexation to a city. Response: Existing facilities and services are currently provided to the development site. Therefore, this Metro Plan policy has already been satisfied. Given the above, criterion 5.7-140(B) is met. 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 Response: The annexation site can be provided with key urban facilities and services as defined in the Metro Plan. Facilities and services applicable to the site, including information regarding providers, existing facilities, and service extensions, is provided below: Storm: The nearest public stormwater infrastructure is a storm line running north along the west boundary of the property on the middle school property The Salre Group . 375 W 4• Avenue, Suite 201, Eugene, OR 97401 .(541) 686-4540.w.vu.salremoue.com Springfield Utility Board — McKenzie Water Source Development Page 4 of 4 Annexation — Written Statement Auoust 25. 2023 ending in a 24 -inch outfall at Cedar Creek. The existing public and private systems will continue to be utilized. Sanitary: Sanitary infrastructure is adjacent to the site in 65^ Street, on the southern property line. Should sanitary infrastructure be needed for the subject property in the future, service would be extended from 65u Street. Water: Similar to the sanitary service, the water lines are in 65u Street on the southern edge of the property. Water will be provided by Springfield Utility Board (SUB). Electric: Electric infrastructure is adjacent to the subject property along its southern and eastern boundary. Electricity will be provided by Springfield Utility Board (SUB). Streets: 65^ and 66th Streets are local streets. 65^ Street dead ends on the southern property line and could be an entrance. The applicant has current plans to access the property from 66' Street across the northern piece of property owned by SUB. Given this, criterion 5.7-140(C) is met. D. Where applicable, fiscal irrpacts to the City have been o tigated through ao Annexation Agreement or other mechanism approved by the City Council. Response: Annexation of the subject property into the City of Springfield is not anticipated to have any fiscal impacts. Therefore, an Annexation Agreement is not required for annexation of the subject property. Given this, this criterion 5.7-140(D) is met. III. Conclusion Based on the information contained in this written statement and elsewhere in the application submittal, the applicant believes that the requested annexation can be approved. If you have any questions about the above application, please do not hesitate to contact Rick Satre, at The Satre Group, 541-686-4540 or rick(dlsatregroup.com. Sincerely, R." Sa e/ Rick Satre, AICP, ASLA, CSI, Principal/Partner The Satre Group The Satre Group . 375 W 4^ Avenue, Suite 201, Eugene, OR 97401 .(541) 68 4540.w.va.satreumuo.com August 25, 2023 SUB Annexation Map 17-02-27-00, Tax Lot 2002 Completeness Review — Responses Completeness Review Checklist from the City- Case Number— 811 -23 -000134 -PRE Planning Comments: 1. The Lane County Assessor has provided a 2022 assessment value of $21Z635 forthe property which needs to be added to the owner's worksheet. Response: The valuation has been added to the owner's worksheet (see Form 2). 2. The property is within the service territory of McKenzie Fire 8 Rescue, which needs to be added to the supplemental information form. Response: McKenzie Fire & Rescue has been added to the supplemental information form. 3. Please provide a full-size Assessors Tax Map showing the redline annexation area with the application submittal. Standard size is around "18 x 24". Response: A full size Tax Map has been printed and electronically submitted. (See attachment 12) 4. An Annexation Agreement will be required for the proposed annexation. Staff will prepare the agreement for re view and execution by the applicant and the City. Response: A draft copy of the Annexation Agreement has been included. The City and SUB are still negotiating the final Agreement. Once signed by both parties an official copy will be submitted. Engineering/Public Works Comments: 1. Secondary emergency access from 62Ato 66A is required and an access easement from 66A and 66A to the school will be required. This could be the same easement/access. Response: SUB is aware of this requirement and is designing the project to address these issues. The Annexation Agreement will state this requirements and will be a part of the preliminary plans. The pedestrian access and emergency access will have easements in place once the design is complete. 2. If the sanitary sewer is going to be used for process water, a much larger connection with a detailed capacity analysis will be required. Response: SUB is aware of this requirement and is designing the project to address these issues. A Capacity study has been completed and the City will review. 3. The stormwater can probably be handled on site with an overflow to the existing line in the school district property. Response: SUB is aware of this requirement and is designing the project to address these issues. + uxos�ue u�exire�n + PLANNERS + LANDSCAPE ARCHITECTS + ENVIRONMENTAL SPECIALISTS 375 Weffi4th, Suite 201, Eugene, OR 97401 Phare: 541.68aAMO wwwsa tregroup.cam McKenzie Water Annexation Completeness Meeting Notes Map 17-02-27-00, Tax Lot 2002 Page 2 of 2 4. An Annexation Agreement will be required that lays out the development requirements for future Connection to be done during site development that will include sewer capacky upgrades, stormwater requirements, and pedestrian access. The dedication of either ROW or at a minimum easement for emergency/access easement will be required at annexation. The actual Construction of these will not be required until the site developments with the watertreatment plant. Response: All easements and pedestrian access will be addressed in the final design. SUB has completed a Capacity Study and is designing the treatment plant accordingly. Final design will have all easements to be recorded. Transportation Engineering Comments: 1. Acknowledgement and inclusion of provisions fora future mukiuse path (through) the site must be included in the Annexation Agreement to ensure future development will meet connectivity needs. Response: The Annexation Agreement will have provisions for Multi -Use path and emergency access. 2. Acknowledgement and inclusion of provisions for a secondary emergency access for 65^ street must be included in the Annexation Agreement. Response: The Annexation Agreement will have provisions for Multi -Use path and emergency access. --- End of Completeness Responses --- The Satre Group .375 West 4xAvenue,Suite 201,&gene, OR 97401•(541) 698-0540. w .satrsacun.cam Application #; CSP2009- For City Use Only FORM 1 PETITION/PETITION SIGNATURE SHEET Annexation by Individuals [SDC 5.7.125(2)(b)(I)/ORS 222.170(1) or ORS 222.127] We, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent annexation to Wlllamalane Parks and Recreation District, as deemed necessary: Date Signature Signed Print Name Residence Address Map and Tax Lot Number ' "d Acres nVd/ (street clt, zip rode) (example: 17-o4-03-00-00100) owner (qty) Springfield Utility Board No Address 17-02-27-00-02002 Yes z. 3. 4. 5. If -W, Note: With the above aignamre(s), I am afalbul that I have the authority N consent to annemeon on my own behalf or on behalf of my firm or agency. (ANecb ewdenre ofsoch outhooradon when applicable) I, A GRf ouN (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. ignature of Calculator) CERTIFICATION OF OWNERSHIP The total landowners In the proposed annexation are I (qty). This petition reflects that I (qty) landowners (or legal representatives) listed on this petition represent a total of 100 (%) of the landowners and J90 (%) of the acres as determined by the map and tax lots attached to the petition. A&T fs not responsible fors bsequent deed activity that may not yet be reflected on the A&T computerized tax roll. Lan ou per/S�iAss ssment and Taxation Data Signed and CCeertiFlietl/ 3 Revised 04/17/2023 Am 12 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 Ma lot number Name of Owner Acres Assessed Value Imp. Y / N Signed Yes Signed No 17-02-27-00-02002 Springfield Utility Board 4.42 $212,635 N Yes $212,635 VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR TOTALS: 4.42 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 4.42 ACREAGE SIGNED FOR 4.42 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $212,635 VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR Revised 04/17/2023 slm 13 of 16 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete al/ 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: John Anderson E-mail: JohnA@satregroup.com Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 0 • Other Uses: Vacant Land • Land Area: 4.42 total acres • Existing Plan Designation(s): Low Density Residential • Existing Zoning(s): Low Density Residential • Existing Land Use(s): None • Applicable Comprehensive Plan(s): Eugene -Springfield Metro Area General Plan • Applicable Refinement Plan(s): None • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. The lot is within the Eugene -Springfield Metro Plan and Is designated as residential. It is within the Springfield Growth Boundary. • Are there d�evelopment plans associated with this proposed annexation? Yes 7] No If yes, describe. Water Treatment Plant • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes 1:71Nom Please describe where the proposed annexation Is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). The property Is adjacent to annexed property on the west, south, and east. Annexation will not create an island. Revised 04/17/2023 slm Page 14 of 16 Does this application include all contiguous property under the same ownership? Yes E:1 No M✓ If no, state the reasons why all property is not included: The northerly lot is not within the Urban Growth Boundary and cannot be annexed into the • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Eugene School District ® Springfield School District ❑ Pleasant Hill RFPD ❑ EPUD ❑ Rainbow Water and Fire District ❑ Pleasant Hill School District ® McKenzie Fire & Rescue ❑ Willakenzie RFPD ® SUB R 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. John Anderson -The Satre Group A'.l clnisfi' 'sp~jput.( U}ili47'b.-4 (Name) (Name) 375 West 4th, Ste. 201 20;1- 50j4^ N*' $$)fu� (Address) Eugene, OR 97401 (City) (Zip) (Name) (Address) (City) (Zip) (Address) 5v�5f-A'c, Cl?- (city) R(City) (Zip) (Name) (Address) (City) (Zip) Revised 04/17/2023 slm Page 15 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: 17-02-23-CM2002 Map and Tax Lot Number assigned) None Street Address of Property (if address has been 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 Leqal Owners Please Print or type name Signature Date Si ned Greg Miller -Water Div. Dir. L S_ LN6: Y1BCV008 BOIM'f/fiNGE 1MN5R/ONNEBLIGRON/ORMS�YRIHGFlELOf14WW UNM3EOfD/IMS�pPE3U6MIRiLpHNENq}ION4MLIGRON 100>-BB.00C YSL]avM: May;3@] Revised 04/17/2023 slm Page 16 of 16 August 25, 2023 SPRINGFIELD UTILITY BOARD MCKENZIE RIVER SOURCE DEVELOPMENT Annexation Map 17-02-27-00, Lot 02002 Public / Private Utility Plan rSDC 5.7-125(B)(1 2A SDC 5.7-125(B)(12) calls for: A public private utility plan describing how the proposed affected territory can be served by a full/minimum level of key urban facilities and services. The Annexation Application calls for: A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and Public Works staff will work with the applicant to complete the Annexation Agreement. In response, the Springfield Utility Board McKenzie River Source Annexation Application includes the following Public/Private Utility Plan. This Public/Private Utility Plan describes what is known regarding facility providers, existing facilities and anticipated service extension. Existing Facilities. Providers and Service Extension Key facilities and services as defined by the Metro Plan and how they will be met are as follows: Stormwater Provider: Current: On -Site: None. Off -Site: Public —City of Springfield. Future: On -Site: Private—SUB. Off -Site: Public —City of Springfield. Existing Facilities: Private: None. Public: Existing public system on the neighboring western property. It is a 42 -inch main. Service Extension: Private: The line will be extended from the neighboring property. Public: No future extension. The existing off-site public system will continue to be utilized. Existing Storm and Sanitary Infrastructure City of Springfield 2023 PLANNERS - LANOSCAPEARCNITECTS + ENVIRONMENTAL SPECIALISTS 37oWest4th, Suite 201, Eugene, OR 51401 Phone: 541.686.4540 www.SdtrBgroLip.com Springfield Utility Board — McKenzie Water Source Development Page 2 of 3 Annexation — Public/Private Utility Plan Wastewater Provider: Current: None. Future: City of Springfield. Existing Facilities: No public wastewater system exists on the subject property. There is, however, existing public wastewater infrastructure to the south, in 69^ Street. Service Extension: Should wastewater infrastructure be needed for the subject property in the future, service would be extended from 656 Street. Transportation Existing Storm and Sanitary Infrastructure City of Spnngfeld 2D23 Provider: Streets: City of Springfield. Transit: Lane Transit District (LTD). Existing Facilities: Streets: Existing streets nearest the subject property, and available for access, are 65� Street to the south and 66� Street (to the east). Transit: LTD provides service currently. Service Extension: Streets: There is no need to extend public street service. The subject property has existing access. Transit: Post annexation, LTD will continue to be the transit service provider. Solid Waste Management Solid waste service for un -annexed property is the responsibility ofthe property owner. Upon annexation, service will be provided by a private service provider under contract with the City of Springfield. The current service provider, underfranchise agreement with the City of Springfield, is Sanipac. Water Service Provider: Springfield Utility Board (SUB). Existing Facilities: Service is on and adjacent to the =_ subject property, extending to the north portion of 69h Street. The property is going to have a water O treatment plant on-site. Service Extension: Service is on site and does not need to be extended. Existing Water Infrastructure Springfield Utility Board �zL 2023 The Satre Group . 375 West 4^ Avenue, Suite 201, Eugene, OR 97401 .(541) 686-4540.v✓.ve.s lregreup.com Springfield Utility Board — McKenzie Water Source Development Page 3 of 3 Annexation — Public/Private Utility Plan Electric Service Provider: Springfield Utility Board (SUB). Existing Facilities: Existing electric infrastructure is adjacent to the subject property along its western boundary. Service Extension: The service would be extended to the subject lot. Existing Electric Infrastructure Springfield Utility Board N 2023 1 'k33L. �..� n Fire and Emergency Medical Services Fire and emergency services are provided by McKenzie Fire & Rescue and Eugene Springfield Fire. Upon annexation, Eugene Springfield Fire will continue to provide service. Police Protection The Lane County Sheriff provides service outside of the city limits. Upon annexation, service will be provided by the Springfield Police Department for the subject property. City Wide Parks and Recreation Programs The site is within the boundaries of the Wllam alane Park and Recreation District. Park and recreation services are provided to the subject property currently and will continue to be provided after annexation. Land Use Controls The City of Springfield is the planning and building permit services provider. This service will continue after annexation. Communication Facilities Centuryl-ink provides land -line telephone service. Comcast provides cable service. Annexation will not change this. Public Schools The site is served by the Springfield School District. Annexation will not change this. The Satre Group . 375 W 4^ Avenue, Suite 201, Eugene, OR 97401 .(541) 6B&4540.w.va.ednearoup.00m ranch ENGINEERING= ..nee i9u June 1, 2023 ANNEXATION LEGAL DESCRIPTION TAX MAP 17-02-27, TL 2002 Branch Engineering Inc. Project No. 23-273 Situated in the Urban Growth Boundary of the City of Springfield, Lane County, State of Oregon in the Northeast % of Section 34, Township 17 South, Range 2 West, Willamette Meridian, being more particularly described as follows: All of Parcel 1 of Land Partition Plat Number 2007-P2118 as platted and recorded in the Lane County Oregon Partition Plat Records, said Parcel 1 being more particularly described as follows: BEGINNING at the Initial Point of said Land Partition Plat Number 2007-P2118, also being the southeastern corner of said Parcel 1. THENCE along the southerly boundary of said Parcel 1 North 89'38'42" West, 600.16 feet, more or less, to the southwestern corner of said Parcel 1. THENCE along the westerly boundary of said Parcel 1 North 00'19'43" East, 314.37 feet, more or less, to the northwestern corner of said Parcel 1. THENCE along the northerly boundary of said Parcel 1 North 89'04'14" East, 600.29 feet, more or less, to the northeastern corner of said Parcel 1. THENCE along the easterly boundary of said Parcel 1 South 00'19'33" West, 327.83 feet, more or less, RETURNING to the POINT of BEGINNING. The bearings and distances herein are based on land Partition Plat Number 2007-P2118 as platted and recorded in the Lane County Oregon Partition Plat Records. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON NOVEMBER 30, 2007 RENEE CLOUGH 69162LS RENEWAL DATE: 12/30/23 EUGENE -SPRIG FIELD PHILOMATH 310 5th Street, Springfield, OR 97477 1 p- 541.746.0637 1 w .branchengineenng.mm ANNEXATION AGREEMENT This Annexation Agreement ("Agreement'D is made between the City of Springfield, an Oregon municipal corporation (" City'D and Springfield Utility Board ("APPLICANT'D. 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 , for Assessor's Map No. 17-02-27-00, Tax Lot 02002, 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 R-1 residential district. E. Annexation of the Property requires a showing under SDC 5.7.140(C) 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 Platt — 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 Atth: Current Development Division Development & Public Works Department 225 Fifth Sheet Springfield, OR 97477 ANNEXATION AGREEMENT — Page 1 of 7 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located in 65^ Street with adequate capacity for a residential development at typical densities. The 8" main is not sized to support waste process water from a water treatment plant. 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 along the western property boundary with sufficient capacity to accept runoff from the site, after appropriate onsite treatment. 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 the current end of 65^ Street. The portion of the adjacent property also owned by SUB (17-02-27-00-02003) that will form part of the water treatment plant that is outside the UGB also has frontage along 661h Street which is in the UGB and currently unimproved. • Additional right-of-way dedication or a public access easement and provisions for installation of a multi -use path will be required for access from the existing neighborhood from the east through the site to Thurston Middle School. • City block length standards for future development require this lot to have a road connection from 65' Street to 661h Street. The existing neighborhood to the south along 65' Street to Thurston Road does not currently have any secondary emergency access. The current number of homes from the single access point at 65' Street and Thurston Road is in excess of the current limit of no more than 30 dwellings without a secondary emergency access. The development of this lot with a high impact public utility installation will require art secondary emergency access for the existing homes on 65° street. This secondary emergency access may be combined with the required pedestrian access required above. I. In order to facilitate orderly development of the Property and ensure the firll 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. ANNEXATION AGREEMENT — Page 2 of 7 1.1.1. APPLICANT shall upon development of the property as a water treatment plant provide public right-of-way or a public access easement from the current end of 65' Street to the School District property on the west (TL 17-02-34-12-00500) and to the eastern private lot (TL 17-02-3-12-00100) of at least 12 feet in width to accommodate a 10-foot-wide multiuse path. The exact location of this path can be determined as part of the land use application. 1.1.2. APPLICANT shall upon development of the property as a water treatment plant provide an emergency access route from the current end of 65° Street to either the Thurston Middle School property or the eastern property boundary with TL 17-02- 34-12-00100, or both. The requirement for the public access easement (in Section 1.1.1 above) maybe combined with the emergency access route requirement in this clause. 1.1.3. APPLICANT grevidehas ruovided to the City a detailed canacity analysis report (`"£hurston Road Sewer Capacity Evaluation for Membrane Filtration Plant" dated April 27, 2023) a detailed Gapaoity for any planned process water discharges to the public sewer system in accordance with the requirements in Chapter 2 of the Engineering Design Standards ondProceduresMonual(EDSPM). The applicant will construct any upgrades, if needed to sewer capacity shown by that analysis, in &ill, in a single construction project using the City of Springfield's Public Improvement Permit (PIP) process with the &ill cost to be by the applicant. 1.1.4. If this property develops as a residential subdivision or there is an addition of any dwelling units and it is not developed as a water treatment plant, all the existing requirements for extension of public roads and utilities apply in full and are required to be reviewed, approved, and built using the City of Springfield PIP process. This includes but is not limited to extension of 65' Street through the property to a connection on the eastern property boundary with TL 17-02-03-12-00100 and a pedestrian connection from the extension of 65^ Street to the west with the school district property TL 17-02-34-12-00500. 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 thither 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 fill cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the fill 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 Citv. Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request for 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. ANNEXATION AGREEMENT — Page 3 of 7 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 Site Plan Review, building permit approval, partition, or subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any 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 2030Refinemeni Plan — Urboncation 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, ANNEXATION AGREEMENT — Page 4 of 7 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 DATED this day of 20 IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: STATE OF ORE= LANE SS Date THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 120 BY (APPLICANT) OF NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT — Page 6 of 7 CITY OF SPRINGFIELD By: Nancy Newton, City Manager STATE OF OREGON 55 COUNTY OF LANE J THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 120 BY AS (CITY) OF NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT — Page 7 of 7