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Home My WebLink AboutMeeting Packet Planner 8/30/2023AGENDA DEVELOPMENT REVIEW COMMITTEE DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET Conference Room 616/ MS Teams Staff Review., Tuesday, September 19, 2023 9;30-10;00 a.m. 1. Annexation 811-23-000198-TYP4 811-22-000195-PROJ Shaun Hyland Assessor's Map: 17-02-28-00 TL: 402 & 405 Address: 5230 Highbanks Rd. Existing Use: vacant Applicant submitted proposal to annex 25.2 acre for future development Planner: Andy Limbird Meeting: Tuesday, September 19, 2023 9:30 — 10:00 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 1 Z,IIIt VICINITY MAP 811-23-000198-TYP4 Annexation 17-02-28-00 TL 402 & 405 5230 Highbanks Rd. Shaun Hyland City of Springfield Development & Public Works 22S Fifth Street Springfield, OR 97477 Annexation Application Type IV SPRINGFIELD I& Application Type (Applicant: Check one) Annexation Application Pre -Submittal: ❑ Annexation A lication Submittal: 0 ProposalRequired Property Owner: Shaun Hyland, Big Bass LLC Phone: 541.726.8081 Address: PO Box 7867, Springfield, OR 97475 Fax: E-mail: shaun@jhconstcom Owner Signature: Owner Signature: Agent Name: Kristen Taylor Phone 541.687.1010 Company: TBG Architects + Planners Fax: Address: 132 East Broadway, Suite 200, Eugene, OR 97401 E-mail ktaylor@tbg-arch.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: 1 17-02-28-00 TAX LOT NOS): 1402&405 Property Address: 5230 High Banks Road, Springfield, OR 97478 Area of Request: Acres: +/- 25 Square Feet: Existing Use(s) Vacant of Property: Proposed Use RV parking/storage of Property: Required Property Information (City Intake Staff. Complete This Section) Case No.: (Date: Reviewed By: iniltials (Application Fee: Postage Fee: Total Fee: I Revised 4/8/14 B] ARCHITECTS + P L A N N E R S August 28, 2023 City of Springfield Development Services Planning Division 225 5'^ Street Springfield, Oregon 97477 RE: High Banks Annexation (202213/1.3) Annexation application — Written Statement Project Address: Assessor's Map & Tax Lot: Property Owner: Owner's Representative: WRITTEN STATEMENT 5230 High Banks Road, Springfield, Oregon 97478 17-02-28-00-00402 &-00405 Big Bass LLC PO Box 7867 Springfield, Oregon 97475 Contact: Shaun Hyland 541.726.8081 shaun@jhconst.com TBG Architects+ Planners 132 East Broadway, Suite 200 Eugene, Oregon 97401 Kristen Taylor or Zach Galloway 541.687.1010 ktaylor@tbg-arch.com or zgalloway@tbg-arch.com In accordance with the Annexation application procedures and requirements, this written statement and associated attachments describe the proposal and demonstrates that the proposed Annexation complies with the applicable criteria listed under Springfield Development Code (SDC) Section 5.7.100. The Annexation application process is subject to the Type IV application procedures without required Planning Commission consideration. As recognized in SDC 5.7.115, this Annexation application is prepared for review and approval by the Springfield City Council. Annexation The owners, Big Bass LLC (the "Applicant'), request approval of an annexation for property located at 5230 High Banks Road and identified as Tax Lots 402 and 405 on Assessor's Map 17-02-28-00 (the "site"). The SDC 5.7.125 outlines the submittal requirements and SDC 5.7.140 provides the Annexation approval criteria. 541.681 1132 EAST BROADWAY. SUITE 200 1 EUGENE. OREGON 97401 1 TBG-ARCH.COM City of Springfield —Annexation application August 28, 2023 Page 2 of 5 As demonstrated in Section IV, below, the annexation request meets all applicable criteria in effect at the time of filing and the application should be approved as proposed. Project Team: Owner & Applicant Big Bass LLC PO Box 7867 Springfield, Oregon 97475 Contact: Shaun Hyland 541.726.8081 shaun@jhconst.com Civil Engineer KPFF Consulting Engineers 800 WIlamette Street, Suite 400 Eugene, Oregon 97401 Contact: Anna Backus, PE 541.684.4902 anna.backus@kpff.com Planner & Applicant's Representative Surveyor TBG Architects+ Planners EGR & Associates, Inc. 132 East Broadway, Suite 200 2535 Prairie Road, Suite B Eugene, Oregon 97401 Eugene, Oregon 97402 Contact: Kristen Taylor or Zach Galloway, AICP Contact: Ryan Erickson, PLS 541.687.1010 Ex 115 541.914.0711 ktaylor@tbg-arch.com or zgalloway@tbg-arch.com rerickson@egrassoc.com A. Location and Site Context The site is located on the north side of High Banks Road, approximately 1,700 feet north of the intersection of Highway 126 and High Banks Road. The site is identified as Tax Lots 402 and 405 on Lane County Assessor's Map 17-02-28-00. It is approximately 25.2 acres or 1,097,712 square feet. The site is located within the Urban Growth Boundary (UGB) per the Metro Plan, and it is currently in unincorporated Lane County. On the Metro Plan diagram, the site is designated Sand and Gravel. There is not an applicable neighborhood refinement plan. The site is currently zoned Quarry & Mine Operations with the Urbanizable Fringe Overlay zone (QMO/UF-10). Abutting properties to the north and south of the site are designated Light -Medium Industrial (LMI) and are in the Light -Medium Industrial (LMI) zone. Surrounding properties to the east and west are outside the UGB and appear to be in agricultural use. The City of Springfield 2035 Transportation System Plan (TSP) classifies High Banks Road as a major collector street. It is under City of Springfield jurisdiction. There is an existing private road that provides access from High Banks Road northward to the site with an associated 60 -foot access easement. City of Springfield —Annexation application August 28, 2023 Page 3 of 5 IlT'9111�ant Land Use Historjpl`___' The 25.2 -acre site is in unincorporated Lane County and is not located within a recorded subdivision plat. Per available County records, there are no prior land use applications associated with the site. IV. Annexation Approval Criteria—Supporting Facts and Findings This section is organized by the applicable approval criteria per SDC 5.7.140. Applicable approval criteria are outlined in bold italics below and then followed by proposed findings in normal text. 5.7.140 Criteria. An annexation application may be approved only if the City Council finds that the proposal conforms to the following criteria: (A) The affected territory proposed to be annexed is within the City'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: As noted above, the site is located within the City of Springfield UGB. The UGB is established in the Metro Plan. See attachments for a map of the adopted UGB. The proposed annexation is also contiguous to the Springfield City limits, as the abutting lots to the north, west, and south (Tax Lots 400, 401, 403, and 405 of Assessor's Map 17-02-28-00) are inside the city limits. See the attached annexation site map for the contiguous City limits. Therefore, the criterion is met. (B) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The proposed annexation is consistent with the applicable policies in the Metro Plan. There are no applicable neighborhood refinement plans in this area of Springfield. The City of Springfield has adopted the local Springfield Comprehensive Plan (July 2022) that includes the UGB. The site is within the UGB as depicted in the adopted Metro Plan and the local Springfield Comprehensive Plan. The Metro Plan designates the site as Sand and Gravel. Section C of Chapter 2, Metro Plan, includes Growth Management goals, findings, and policies. The adopted policies encourage annexation of lands within the UGB and orderly extension of urban services. The proposed annexation is for a site within the Springfield UGB, and urban services are provided to the existing development on the abutting lots to the south. Based on the findings above, the applicable criterion is met. City of Springfield —Annexation application August 28, 2023 Page 4 of 5 (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: As noted above, the site is within the UGB and contiguous to the City limits. The abutting development to the south currently has urban services. Per available public records, electricity, water, and wastewater lines are located in the 52nd Street right-of-way. There is an existing private drive with a 60 -foot roadway easement, a 20 -foot wide EWEB easement and a 10 -foot PUE running the length of the private drive leading to the subject site, which can facilitate an orderly extension of services. There are no public stormwater lines in the adjacent 52nd Street right-of-way. According to City staff input during the September 8, 2022, Development Issues Meeting, on-site stormwater treatment and retention is acceptable. Extension of the public stormwater system to the site at the time of development is not necessary. See the attachments for a conceptual utility plan that demonstrates urban infrastructure is in close proximity and can be provided to the site. The Metro Plan defines minimum urban facilities as including the following: wastewater service, stormwater service, transportation, solid waste management, water service, fire and emergency medical services, police protection, citywide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district -wide basis. Each of the minimum urban services is provided near the site on a city- or district -wide basis, as applicable. The City of Springfield, as a member of the Metropolitan Wastewater Management Commission, provides wastewater services. The City also provides police protection, land use controls, and public streets. (The Applicant is aware of public street projects in the vicinity that are identified in the city -adopted Transportation System Plan. Any potential impacts to the local street network or the TSP projects will be addressed at the time of a development proposal.) The 1Mllamalane Park and Recreation District provides parks and recreation programs citywide. Eugene -Springfield Fire provides fire and emergency medical services. The Springfield Utility Board provides water and electric services. The site is within Springfield School District boundary and the area schools include Ridgeview Elementary School, Thurston Middle School, and Thurston High School. Numerous service providers have communication facilities available to the site. Therefore, the criterion is met. (D) Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The Applicant understands that an annexation agreement is required. The agreement was provided by City staff and a draft annexation agreement is attached here. The potential fiscal impacts to the city are addressed in the attached draft annexation agreement. City of Springfield —Annexation application August 28, 2023 Page 5 of 5 V. Conclusion Based on the information and findings contained in this written statement, associated attachments and drawings, the proposed Annexation application meets the criteria of approval contained in the Springfield Development Code. Therefore, the Applicant requests that the City Council approve the proposed annexation as presented. Both the Applicant and the Applicant's representative are available for questions, as necessary. If you have any questions about the above application, please contact Zach Galloway at TBG Architects + Planners (541.687.1010). ZG/KT cc: Shaun Hyland, Big Bass LLC Anna Backus, PE, KPFF Consulting Engineers Ryan Erickson, PLS, EGR & Associates, Inc. Z:%PROJ%202213 Hyland 5320 High Banks\Corresp%gency%Anne ation%202213-AX WrtnState.d= PO . A.-III-PI-E- City of Springfield Annexation Application Attachments Attachment Contents ATTACHMENT A Petition for Annexation Form ATTACHMENT B Owners Worksheet ATTACHMENT C Supplemental Information Form ATTACHMENT D Property Deed ATTACHMENT E Preliminary Title Report ATTACHMENT F Legal Description ATTACHMENT G Tax Assessor's Cadastral Map ATTACHMENT H ORS 222.173 Waiver Form ATTACHMENT I Metro Plan, Plan Diagram ATTACHMENT J Annexation Site Plan ATTACHMENT K Existing Utility Plan ATTACHMENT L Draft Annexation Agreement Application k: C SP 2009 - For on, Use Only FORM 1 PETITION/PETITION SIGNATURE SHEET Annexation by Individuals [SDC 5.7-125(2)(b)(i)/ORS 222.1]0(1)] d011VXy181N3W993SS, A I.,,.,... .,.r ZZ61 so any We, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent annexation to Lane County Metropolitan Wastewater Service District and Willamalane Parks and Recreation District, as deemed necessary: Signature Date Signed m/d/y Print Name Residence Address (street cloy, zap mde) Map and Tax Lot Number (example'. 17-04-03-00-00100)owner 'r land gcres may 1'Ali (4+'s h 9 Shaun Hyland v 30 SperHalo. OR a Rea Bb Banka 478 s 17-02-28-00-00402 &-00405 ✓ '/-25 2. 3. 4. S. Nott: With the above signature(s), [ am arresting that I M1ave the authotlry W consent to annexation on my own behalf or an behalf of any film or agencyh4haed evNence o/sush auNrotlzation when alinkrahae.) N/A N/A (printed name of circulator), hereby certify that every person who signed this sheet did so In my presence. (signature of circulator) CERTIFICATION OF OWNERSHIP The total landowners in the proposed annexation are 1 (qty). This petition reflects that 'I (qty) landowners (or legal representatives) listed on this petition represent a total of 100 (%) of the landowners and 100 (h) of the acres as determined by the map and tax lots attached to theetition. A&T is not r soon for subsequent dead activity that may not yet be reflected on the A&T computerized tax roll Lan County Department of Assessment and Taxation lilwLan- Date Signed and Certified Reeked 4/8/14 W FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation (Map/b[ number) Name of Owner Acres Assessed Value Imp. Y / N Signed Yes Signed No 17-02-28-00-00402 Shaun Hyland,Big Bass LLC 24.2 $329,683 N ✓ $338,894.45 17-02-28-00-00405 Shaun Hyland,Big Bass LLC 0.96 $9,211.45 N ✓ TOTALS: I +/-25 $338,894.45 N I ✓ TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL +/-25 AC ACREAGE SIGNED FOR +/- 25 AC PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $338,894.45 VALUE CONSENTED FOR $338,894.45 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 4/8/14 BJ FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete a// 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: Shaun Hyland,Big Bass LLC E-mail: shaun@jhconst.com Supplythe following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 0 • Other Uses: Vacant • Land Area: '/- 25 total acres • Existing Plan Designation(s): Sand & Gravel • Existing Zoning(s): LMI/UF-10 Light -Medium Industrial with Urbanizable Fringe overlay zone • Existing Land Use(s): Vacant Lugene-springfield Metropolitan Area General Plan; • Applicable Comprehensive Plan(s): Springfield Comprehensive Plan • Applicable Refinement Plan(s): N/A • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. See written statement. • Are there development plans associated with this proposed annexation? Yes `/ No If yes, describe. RV parking/storage or other uses permitted in the zone. • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes No ✓ • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). The site is contiguous to the city limits along the north, west, and south property lines. Revised 4/8/14 BJ Does this application include all contiguous property under the same ownership? Yes ✓ 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 ❑ Eugene School District 67 Springfield School District ❑ Pleasant Hill RFPD ❑ EPUD d Willamalane Parks and Rec District ❑ Rainbow Water and Fire District ❑ Pleasant Hill School District ❑ McKenzie Fire & Rescue ❑ Willakenzie RFPD M' SUB ❑ 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. Kristen Taylor or Zach Galloway Big Bass LLC (Attn: Shaun Hyland) TBG Architects+ Planners (Name) (Name) PO Box 7867 132 East Broadway, Suite 200 (Address) (Address) Springfield, OR 97475 Eugene, OR 97401 (City) (Zip) (City) (Name) (Name) (Address) (Address) (City) (zip) (City) (zip) Revised 4/8/14 BJ Big Bass LLC, Annexation Tax Map 17-02-33 Tax Lots 402 & Portion of 405 Beginning at a point NO°04'46"W 2678.89 feet and N89°55'14"E 208.71 feet from the Southeast corner of the Daniel Harkins Donation Land Claim No. 61, in Township 17 South, Range 2 West of the Willamette Meridian; thence 50'04'46"E 417.42 feet; thence N89°55'14"E 647.60 feet; thence NO'16'53"W 522.05 feet; thence N89°49'02"E 500.28 feet; thence NO°10'30"W 632.19 feet; thence S83°03'40"W 1363.46 feet; thence SO°04'46"E 574.87 feet; thence N89'55'14E 208.71 feet to the Point of Beginning. Containing 25 acres, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON JANUARY 14, 2003 RYAN M. ERICKSON 55524 EXPIRES: 12/31/2023 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: 17-02-28-00-00402 5230 High Banks Road, 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 [,i] indefinitely or [ ] until Date Signatures of Leoal Owners Please print or type name Si nature Date Signed Shaun Hyland,Big Bass LLC �BC�68o�NrNGE,�Ns,,,oxwrn TIoNammeurzomnsruunom'o-0Ebe.oa� Revised 4/8/14 63 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: 17-02-28-00-00405 5230 High Banks Road, 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 W] indefinitely or [ ] until Date Signatures of Legal Owners Please print or type name Si nature Date Signed Shaun Hyland,Big Bass LLC W93/ -Az R:1aRiz11a eo. 111 0306 bPoa,ED wRMS%PREsCE3MrTSAL AH ONAooZEA„oh 100008 iSRC Revised 4/8/14 BJ ANNEXATION AGREEMENT This Annexation Agreement ("Agreement'D is made between the City of Springfield, an Oregon municipal corporation (" City'D and Big Bass, LLC. ("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 following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated August 28, 2023, for Assessor's Map No. 17-02-28-00, Tax Lot 00402 and a portion of Tax Lot 00405, which are currently municipally addressed as 5230 High Banks Road and are 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 Quant' and Mine Operations (QMO) for Tax Lot 402 and R-1 residential district for the affected portion of Tax Lot 405. E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Comprehensive Plan — Urbanization Element, and such showing is supported by substantial evidence in the record of the proceedings 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 Street 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 the driveway access extending north from High Banks Road but due to gradient it falls short of the subject site. The terminus of the public sewer main is approximately 550 feet to the south of the southwestern property line. This public sanitary sewer line has sufficient capacity for the current zoning use. However, the sewer cannot be physically extended any farther due to the shallow depth of the line and still achieve gravity flow. Any sewer service that is necessary for Rather development of this property will have to be done with a private lift station and pressure line from the site. Other developments on this private driveway already have this arrangement. 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. • No public system is extended to this site, and the natural topography of the site prevents any stormwater flow to the existing storm drains in High Banks Road to the south. The site currently drains onsite to existing water bodies that are hydraulically connected to the McKenzie River floodplain and this will be required to continue for any further development on site with appropriate stormwater treatment. 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 unnamed public right-of-way that extends north from the High Banks Road/52" Street intersection via a shared private driveway that is part of Tax Lot 17-02-28-00-00401 (currently addressed as 5280 High Banks Road). Both the right-of-way and the shared private driveway are already annexed to the City of Springfield. This right-of-way is currently paved but lacks curb, gutter, sidewalk and street trees. • The intersection at High Banks Road and 52od Street is not constructed per conventional design for a three (and future four) leg intersection and consequently has a limited capacity. All trips to or from this location must pass through this intersection. The distance from the southeast comer of the property to the intersection is 1,150 Feet. • The intersection is included in the City of Springfield Transportation Systems Plan Project R-40 for a future improvement to rebuild it to a more conventional intersection configuration that is capable of safely and efficiently managing larger volumes of traffic as the nearby areas develop. • Through an approved traffic study conducted at the time of a future development proposal, the applicant will need to identify future traffic demands generated by any development on this property that results in an increase in traffic through the existing intersection at High Banks Road and 52" Street. I. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an ANNEXATION AGREEMENT — Page 2 of 7 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 agree to install and operate any sanitary sewer lift station and pressure line at their expense for any approved land use that requires sewer service. 1.1.2. APPLICANT shall agree to pay an assessment or fee determined at the time of development for that development's proportional share of the costs of improving the intersection of 52" Street and High Banks Road. This share shall be determined by an estimated intersection cost determined by the City of Springfield and a traffic study for the amount of traffic generated by the proposed development at this location. 1.1.3. APPLICANT shall agree to participate in any Local Improvement District or City of Springfield Capital Project for improvements to the unnamed right-of-way extending north from the intersection of 52od Street and High Banks Road. This amount shall be determined at the time of the project cost assessment and this property shall be responsible for a proportional share based on the total number of trips on this right- of-way as determined by the land uses on all the developments per the trip generation amount in the ITE trip generation manual {number of trips generated by the land use on this parcel per ITE hip generation manual (TL 17-02-28-00-00402 & 405)/Total hips generated by all the developments that share frontage on this ROW TL 17-02-28-00-00400, 401, 402, 403, 404 & 4051 1.1.4 APPLICANT agrees to maintain the private shared driveway at no expense to the City of Springfield in a manner sufficient to ensure safe and efficient access to the property and provide any improvements to this driveway deemed necessary for development of this property at the time of development approval. 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 Site Plan or Land Division and as necessary to serve the father development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's proportional share of costs for the improvements described in this Agreement, the &ill cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the &ill 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: ANNEXATION AGREEMENT — Page 3 of 7 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 father developed prior to the approval of a Site Plan or Land Division, 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 ai Fights to _ei+ie... tFat,. against thes. ixigrevemenets. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Comprehensive Plan — 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. ANNEXATION AGREEMENT — Page 4 of 7 .... 6� «6.. A....A.�.�.......t ....A tO the 1 ........tS Of the ElOV .18133.....« Of the PF81384.1 n nni TI n TIT a ....... 6...... ..............t +- Ll-I-- . 141, 10. Ballot Measures 37/49/ORS 195.300 ct 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. Invaliditv. 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 2023. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: STATE OF OREGON COUNTY OF LANE SS Date THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 12023 BY (APPLICANT) GT 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 12023 BY (CITY) AS OF NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT — Page 7 of 7