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HomeMy WebLinkAboutOrdinance No. 6481 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6481 AN ORDINANCE ANNEXING CERTAIN TERRITORY (VACANT PROPERTY BETWEEN 7527 AND 7655 THURSTON ROAD AND IDENTIFIED AS ASSESSOR'S MAP 17-02-35-00, TAX LOTS 3200 & 3603, AND AN APPROXIMATELY 60-FOOT WIDE BY 1,175-FOOT LONG SEGMENT OF THURSTON ROAD RIGHT-OF-WAY) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK & RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE McKENZIE FIRE & RESCUE DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7.100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on March 27, 2024, said territory being Assessor's Map Township 17 South, Range 02 West, Section 35, Map 00, Tax Lots 3200 & 3603 which is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, an approximately 60-foot wide by 1,175-foot long segment of Thurston Road public right-of- way abutting the subject property is to be concurrently annexed with the subject territory and said public road right-of-way is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of said territory initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; 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 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 to facilitate future urban residential development; WHEREAS, all required urban services are immediately available to serve the site and the applicant has executed an Annexation Agreement (Exhibit C) that addresses the timing and financial responsibility for provision of public facilities and services to the property; WHEREAS, in accordance with SDC 5.7.150(A), upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying R-1 Residential District zoning will be retained; WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director's recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7.140(B)), and to withdraw the subject territory from the McKenzie Fire & Rescue 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, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on June 3, 2024, the Springfield Common Council opened a public hearing and continued the public hearing to June 17, 2024. The Springfield Common Council 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 McKenzie Fire & Rescue 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 30 days following signature by the Mayor or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever is later. ADOPTED by the Common Council of the City of Springfield, this 17th day of June , 2024, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 17th day of June , 2024. Mayor ATTEST: REVIEWED&APPROVED 4ytL�D AS TO FORM City Recorder KrEstfno Lra.al DATE: 6I17I24 SPRINGFTELD CITY ATTORNEY'S OFFICE Ordinance No. 6481 Exhibit A Page 1 of 2 LEGAL DESCRIPTION Beginning at a point in the Southerly line of County Road No. 925 (Thurston Road)on the East line of the James C. Looney Donation Land Claim No. 54,Notification No. 3710, in Township 17 South,Range 2 West of the Willamette Meridian,being 363.66 feet South of the most Northerly Northeast corner of said claim and running thence South on the East line of the claim 1064.62 feet(COURSE 1);thence continuing along said City Limits Line,East 379.50 feet(COURSE 2);thence continuing along said City Limits Line,run South along the East line of said claim a distance of 448 feet,more or less,to the center line of the Eugene Springfield Land and Water Company irrigation canal(COURSE 3);thence along the center line of said canal, and the north line of Land Partition Plat No. 2002-P1578 the following courses: North 76°59'21"West 30.56 feet(COURSE 4);North 67°55'03"West 339.30 feet(COURSE 5);North 62°40'03"West 62.27 feet(COURSE 6); South 78°50'55"West 86.46 feet(COURSE 7);thence South 82°12'41"West 85.00 feet(COURSE 8); thence along the center line of said canal,and the north line of Crossway Estates File 75, Slides 471-472,the following courses: South 82°12'41"West 43.85 feet (COURSE 9); South 8102611411 West 87.05 feet(COURSE 10); South 82001159"West 131.14 feet (COURSE 11); South 82°15'42"West 93.01 feet(COURSE 12); South 78°38'15"West 85.81 feet (COURSE 13); South 82°10'52"West 101.55 feet(COURSE 14); South 87°36'45"West 31.48 feet (COURSE 15); thence along the center line of said canal, and the north line of Beanel Acres File 73, Slide 362 South 80036'West 568.16 feet(COURSE 16);thence leaving said center line of canal,North 0°05'West 799 feet along said City Limits Line(COURSE 17)to the Southwest corner of the Ralph G. Witcher and Josephine Witcher property described in Volume 231,Page 33 of Lane County Oregon Deed Records;thence running East 885 feet,more or less,along the South line of the said Fredrick J. Gray,Jr. and Elsie M. Gray property and along the South line of the Guy Mathews and Elsie Mathews property as described in Volume 267, Page 486 of Lane County Oregon Deed Records and along the South line of the Ralph G.Witcher and Josephine Witcher property described in Volume 231,Page 33 of Lane County Oregon Deed Records(COURSE 18); thence North 574.76 feet to the Southerly line of the County Road (COURSE 19); thence along the Southerly line of the County Road,on a curve to the left,the chord of which bears North 6731'East 467 feet,more or less,to the place of beginning,all in Lane County, Oregon(COURSE 20). Ordinance No. 6481 an 0 0 J O W � m o J � W ° os Ur M co Z � $ r (D d w o Soo 5s o4Y Z000SS0000So - anoo R o ` `�MM°MMMeea GO.RD.NO.'/63 Qo i 7Eo W p O am - -�. — — — —�— — — - -e3�3`�3 — — — -� � '6Fam ------ er n ar owlag ••e� a %'1 m'�� DOS { or Oe VZI 00 go UZ UZ 1 KU W N I as A OC o30a a\Uw 6S J7Q aNI7 yStla Krno w.� F Uv, S ; 'mtiKr Oa avi !1 owN Cp ter.sxsro s UQU m0 U <o�V z.V.t. ;$ 1 ;o� ODU/ KZO ❑� p d x °�i� w0 r 1 yZD W� O OOZ Z Z O BILLINGS ROAD S w O .LII1[[7 A.LIJ O o N Ei �.r.r 3 C ;.9L'6LS H.LNON C j :61 asanoo 3 o a 0 00'6l0 UN.._ .._ Urn Or•ZF AA - __ � H O - - Umu o °_ DN O a� S xoa.x cW ", rVl =oN ma 'tea m .-r I o > r s.cnvrl,c.uo W ��m _ ----------- -- --- a �0000V O cp CV o 66L MSOAN �> 1 =° - aT+ .LI aSHROJ p;-3° y 1 O ®O C S,IIIAO'I.LLCJ y v U e m' 'I g m O V I T O H m m o¢ 1!I 3�Ib 513RD S �o ary k m o U01. h � Cl) �m LC>J O K o c 3 0� > O N3o Zp !1 w a 3 U DV - _- - - ! - S_-- - - LU VJ w a 1332115 ONZG !I O Y U ODU I zm- ¢� w �oo Nn 1S NZLy I - �3 I 1 L33tl1S LSLG I 1 m H 0G 0 gN r I aoI wo Q tll 169 ¢ N� z 0 Q7 O W O O ZZL N atl021 1NH0 Nl I NO iw+i'ry O � P? w I Qm QN G sd2 OO �M � �ro aF wt woo' 0 N� U � 3�Vld h.w. - % W ` �I 1 wn I wn Exhibit B Page 1 of 17 City of Springfield SPRINGFIELD Development & Public Works 3 225 Fifth Street Springfield, OR 97477 6iro_ qq Annexation Application Type 4 "Application Type (Applicant: Check one) Annexation Application Completeness Check: ❑ Annexation Application Submittal: Proposal • A . . - This Section) Property Owner: Jim and Carlie Straub Famil Trust Phone: See Agent Address: 31930 Owl Ln Eugene.OR 97405 E-mail: See Agent Owner Signature: Owner Signature: Agent Name: Scott Morris, PE Phone: 541 302-9790 Company: A&0 Engineering Fax: Address: 380 Q St.,Ste 200 E-mail sc ttmorris@ao-engr. om 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: 17-02-35 TAX LOT NOS 13200&3603 Property Address: n/a-vacant Thurston Rd&75th Area of Request: Acres: 29.91 AC Square Feet: 1,302,879.6 Sq Ft Existing Use: Vacant-R-1 Zoning Proposed Use: Residential Required Property Information (City Intake Staff: Complete This Section) Reviewed Case No.: Date: By: initials Project No.: Placard: Application Postage Fee: Total Fee: Fee: Revised 04/17/2023 slm Page ogdonp 7qg No. 6481 Exhibit B Page 2 of 17 Owner Signatures This application form is used for both the required completeness check 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. Completeness Check The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Completeness Check 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: Signature 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 Completeness Check 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: Zvi Signature James Straub.Trustee-Jim and Carlie Straub Family Trust Print Revised 04/17/2023 slm Page%doy1rg No. 6481 Exhibit B Page 3 of 17 Owner Signatures This application form is used for both the required completeness check 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. Completeness Check The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Completeness Check 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: Signature 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 Completeness Check 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: 6— L d—W�Is" Date: 3/�0 Signature Carlene Straub.Trustee-Jim and Cadie Straub Family Trust Print Revised 04/17/2023 slm page11Jd6PTU- No. 6481 Exhibit B Page 4 of 17 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. ❑ Application Fee [SDC 5.7.125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. ❑ Petition/Petition Signature Sheet [SDC 5.7.125(B)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Consent by Property Owners [ORS 222.127 and 222.170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). ❑ Certification of Ownership [SDC 5.7.125(13)(5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). ❑ Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). ❑ Supplemental Information Form [SDC 5.7.125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type 4 form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). u Copy of the Deed (required at application submittal) ❑ Copy of Preliminary Title Report (required at application submittal) Title Report must be dated within the past 30 days documenting ownership and listing all encumbrances. Revised 04/17/2023 slm page 1®ropaj%e No. 6481 Exhibit B Page 5 of 17 ❑ Annexation Description [SDC 5.7.125(B)(9)] A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description must consist of a series of courses in which the first course must start at a point of beginning. Each course must be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. ❑ Cadastral Map [SDC 5.7.125(B)(10)] One (1) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. Paper copy maps must be printed to scale. On all submitted maps the annexation area must be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. ❑ ORS 222.173 Waiver Form [SDC 5.7.125(B)(8)] The waiver form (Form 4) signed by each owner within the proposed annexation area as allowed by ORS 222.173. ❑ Public/Private Utility Plan [SDC 5.7.125(B)(12)] A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. ❑ Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [SDC 5.7.125(B)(13) and (14)] A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. ❑One (1) copy of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11" AND BOUND BY RUBBER BANDS. Revised 04/17/2023 slm Page 14r�pafSe No. 6481 v_ O �\ c c -0 j Ln rD u a , LJ ro aJ ? m O 6 N C. r�0 L a � u v N 00 00 1 L Q) E Q (fl x (D U a v c .0 Q) o C X w 0 O J 3 U O rU a) O pi L) n _0 i Q) -U Z:� N (O p L ra L c M J-J O ElNo) CDr10 a) C- � O E O � Cl) v L E w xs m Q)Z o o M C N O M No O ate..+ O v -i 70 c (n x m o w N ro Q O M LO E _m a� M a) O O 0 Q' E U _ a � w O U � E r� L _ �" L N x � N Q I\ CB C O wN CD N rO p N W N C V) Q) r- C a_ N p N O rn r > ro L � L J , U (6 L .. O 4' U a-a fu O U a E � O Q)�— U) C U c > d) '1 Q > C N V) o c o ate, z Q i v w O o O �' j rlU ~ N Q O o x NoIO _rn O OcC� LAE o s � cE LL fu f U O O 7C3 ~ L L W X :� cn N — c C ate, E (o o p +� Z N 4O 4- ra LL. y0 U ` - Q � 'L U z — L r0 C + O N a� U p i tp u O C° C O o O W U) O C c5 v �+ w L � X a 3o C) o ro0 (a OZ; v c v c o c H � O N c Q) +0, � � Z C E .� 4- rp ro O fQ is L Ol U OI C O O aJ -0pJ Q c d aQ) of ra O (n p d0 Fi _0 ro O H L (n = N CC ro O a- ro W L a•-, C c3a) �� 04 w rn p (a i 5 v LL c Q) a✓ E T O Q. rO ra .0 O L C c L N _ C � _� a) a O c � � U rn U O (n �o Q _I I N 0 N a2S Q.. p N O a-a o v H p Q Q o C 0 O ' C V 9 iE p C N o f N r \ U. ro c p� It uate-+ X .N ~ O O N L a� OL d fr1 IA O �W - •> Q Z V � 4-J J 0 Of Exhibit B Page 7 of 17 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 Assessed Imp. Signed Signed Designation Name of Owner Acres Value Y/ N Yes No (Map/lot number 17-02-35-00-03200 James Straub 6.61 $7,113 17-02-35-00-03200 Carlene Straub 6.61 $7,113 N X 17-02-35-00-03603 James Straub 24.16 1 116.700 N X 17-02-35-00-03603 Carlene Straub 24.16 $16,700 N X TOTALS: 30.77 1 $23,813 TOTAL NUMBER OF OWNERS IN THE PROPOSAL Two 2 NUMBER OF OWNERS WHO SIGNED Two(2) PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 30.7+/- ACREAGE SIGNED FOR 30.7+/- PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $23,813 VALUE CONSENTED FOR $23,813 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 04/17/2023 sim 13 of 16 Ordinance No. 6481 Exhibit B Page 8 of 17 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete aH 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: Scott Morris. PE c%oA&0 Engineering E-mail: scottmorris@ao-engr.com Supply the following information regarding the annexation area. • Estimated Population (at present): 0-Vacant • Number of Existing Residential Units: 0-Vacant • Other Uses: • Land Area: 30.7+/- 29.91 total acres Acreage adjusted by Assessment& Taxation; see Form 1. • Existing Plan Designation(s): Residential • Existing Zoning(s): Low Density Residential • Existing Land Use(s): Vacant • Applicable Comprehensive Plan(s): Springfierld 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. The subject parcels are located inside the City of Springfield's UGB and are included on the Urbanizable Lands inventory, making the proposed annexation compatible with the Springfield 2030 Comprehensive Plan- thbanization Element. • Are there development plans associated with this proposed annexation? Yes I No C If yes, describe. • Is the proposed use or development allowed on the property under the current plan designation and tzoning? l Yes I v. No I • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). TL 3603: Contiguous properties to the west, south, and east are all included in the Spfld city limits. TL 3200: Contiguous properties to the east 17-02-36-20 TLs 4402&403 annexed into City of Spfld in 1997. Revised 04/17/2023 sim Page 14 of 16 Ordinance No. 6481 Exhibit B Page 9 of 17 Does this) application include all contiguous property under the same ownership? I 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 ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District o Springfield School District 121 McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD 0 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. Scott Morris c/o A & O Engineering Jed Truett c/o Metro Planning (Name) (Name) 380 Q St#200 846 A St (Address) (Address) Spfld , OR 97477 Spfld , OR 97477 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Revised 04/17/2023 sim Page 15 of 16 Ordinance No. 6481 Exhibit B Page 10 of 17 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 17-02-35-00-03603 N/A 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 Si natures of Legal Owners P►ease print or type name Signature Date Signed James Straub Carlene Straub LCOG: L:JBC�2008 BOUNCHANGE 77ZANSIT70NVPPLIC4T7ON FORMS�SPRINGFIELD�10-03-08 UPDA7ED FORMSIPRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08.DOC Last Saved: May 3,2023 Revised 04/17/2023 sim Page 16 of 16 Ordinance No. 6481 Exhibit B Page 11 of 17 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 17-02-35-00-03603 N/A 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 Si natures of Legal Owners Please print or type name Si nature Date Signed James Straub ^ 7" S Zel Carlene Straub �. LCOG: L:�BC�2008 BOUNCHANGETRANSIT70NIAPPLICA7TON FORMSISPRINGFIELD110-03-08 UPDATFD FORMS�PRE-SUBMITTAL ANNEXATLONAPPLICATION 10-07-08.DOC Last Saved: May 3,2023 Revised 04/17/2023 slm Page 16 of 16 Ordinance No. 6481 Exhibit B Page 12 of 17 STRAUB FAMILY TRUST - ANNEXATION APPLICATION WRITTEN NARRATIVE Date: March 18,2024 Case#: 811-24-000052-PRE Submittal No.: 2 Proposal: Type 4 Annexation into the City of Springfield city limits Property Owner/Applicant: Jim&Carlie Straub Family Trust 31930 Owl Rd Eugene, OR 97405 Applicant's Agent: A&0 Engineering, LLC Scott Morris, PE 380 Q Street#200 Springfield, OR 97477 (541)302-9830 Subject Properties: 17-02-35-00-03200&17-02-35-00-03603 Location: Vacant—south side of Thurston Rd near 75'" Property Size: Property 1: +/-6.61 acres Property 2: +l-24.16 acres Zoning: R-1 (Low-Density Residential) OF-10(Urbanizable Fringe) Metro Plan: Low Density Residential Ordinance No. 6481 Exhibit B Page 13 of 17 Background This annexation application pertains to two contiguous properties under common ownership located inside the City of Springfield's Urban Growth Boundary(UGB)—Assessor's Map 17-02-35,Tax Lot 3200("Property 1") &Tax Lot 3603("Property 2").The subject properties are located on the south side of Thurston Rd between Billings Rd and Weaver Rd. Property 1 is+/-6.61 acres and maintains approximately 450 feet of frontage on Thurston Rd. Property 2 is+/-24.16 acres,contiguous to the south of Property 1. For staff review,this written narrative delineates the proposal's compliance with the criteria required for annexations contained in Springfield Development Code(SDC) 5.7.140 Annexations—Criteria.The SDC sections are indicated herein by bold and/or italic typeface; applicant responses follow in plain typeface. SDC 5.7.140 Annexations— 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. Response: The subject properties are both located within the City of Springfield's UGB and are contiguous to the city limits.The east boundary of Property 1 is contiguous with the city limit boundary.All Property 2 property lines are contiguous with the city limit boundary except the north property line.The proposal complies with SDC 5.7.140(A)(1). (B) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Response: The proposed annexation of the subject properties into the City of Springfield's R-1 (Low Density Residential)zone is consistent with the Metro Plan designation of Low Density Residential.The proposal complies with SDC 5.7.140(B). (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 minimum level of key urban facilities and services can be provided in an orderly,efficient,and timely manner. • Fire protection is provided by McKenzie Fire&Rescue;ambulance service is provided by Eugene/Springfield Fire. • LTD service is existing. • Nearest schools are Thurston Elementary,Thurston Middle,and Thurston High. • Electric,water,and wastewater services currently exist for the property. (D) Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism Response:Any fiscal impacts to the City of Springfield will be mitigated through this Annexation process. Ordinance No. 6481 Exhibit B Page 14 of 17 Thurston Rd Utility Narrative WASTEWATER: Per Springfield's GIS map, there is an existing 15"wastewater trunk line that runs within the Thurston Road right of way to the eastern property line of T.L. 2600.This existing system can be extended to the eastern edge of T.L. 3200 and provide service stubs to the properties fronting-Thurston Road.. Preliminary engineering shows this wastewater line is deep enough to provide service to tax lots 3200 and 33603 which are proposed for annexation. There is also an existing wastewater line at the North end of 74th Street that can also be extended to serve a portion of tax lot 3603. In discussion with Springfield Public Works staff, the existing wastewater systems discussed above have sufficient capacity to serve the development of the subject property, therefore this criterion is met. STORMWATER: There are multiple open drainage stormwater systems in the area of the property to be annexed that provide destination for treated stormwater. 75'Street Creek is an existing open ditch that flows to the North through the property, eventually routing water through culverts under Thurston Road to South Cedar Creek on the North side of Thurston Road. Gray Creek is an existing open ditch on the South end of the property that flows West to another existing ditch system West of Thurston Elementary School. This ditch then flows North to a culvert under Thurston Road that routes to South Cedar Creek. Since both the open ditches are designated as either a WQLQ stream or a water of the State, water quality treatment will be incorporated into the onsite stormwater management systems to meet DEQ requirements prior to discharge offsite. In addition, detention will be incorporated into the design of the onsite stormwater management facilities to keep post-construction peak flows below the existing condition. Existing stormwater systems available to the site can be utilized with appropriate onsite design, therefore this criterion is met. Ordinance No. 6481 Exhibit B Page 15 of 17 WATER: Based on preliminary survey data from AKS Engineering and EGR &Associates, there are existing water lines at the Northwest corner of T.L. 2700 in the Thurston Road right of way. There is also an existing water line that is located at the North end of 70 Street in the right of way.-The water lines can be extended from the existing locations to serve the entire development for domestic use and fire protection. The water system can be looped"from Thurston Road to 74th Street to provide a reliable system. There is adequate water facilities to serve the development, therefore this criterion is met. FRANCHISE UTILITIES: SUB Electric—There are existing electric facilities at both the North and South end of the subject site. An overhead electric line is located on the North side of Thurston Road along the full frontage of tax lot 3200. There is also an underground electric system at the North end of 74th Street. There is adequate service adjacent to the property to serve future development. Comcast Cable—There are existing cable/internet facilities at both the North and South end of the subject site. An overhead line is located on the North side of Thurston Road along the full frontage of tax lot 3200. There is also an underground system at the North end of 74th Street. There is adequate service adjacent to the property to serve future development. Lumen—There are existing phone/internet facilities at both the North and South end of the subject site. An overhead line is located on the North side of Thurston Road along the full frontage of tax lot 3200. There is also an underground system at the North end of 74th Street. There is adequate service adjacent to the property to serve future development. Northwest Natural Gas—Based on NW Natural service maps, there is existing natural gas service to Thurston Elementary School in Thurston Road west of the property. There is also natural gas service in the existing subdivision to the South, but does not extend to the North end of 74th Street. Natural gas is available to the property, but would require offsite extension of facilities. Therefore, this criterion is met. Ordinance No. 6481 Exhibit B Page 16 of 17 Annexation Legal Description TL 03200(deed 2021-080060) Beginning at a point in the Southerly line of County Road on the East line of the James C. Looney Donation Land Claim No. 54,Notification No. 3710, in Township 17 South,Range 2 West of the Willamette Meridian, 5.51 chains(363.66 feet) South of the most Northerly Northeast corner of said claim and running thence South on the East line of the claim 11.57 chains(763.62 feet),thence West 6.47 chains(427.02 feet),thence North 8.86 chains(574.76 feet)to the Southerly line of the County Road, thence along the Southerly line of the County Road, on a curve to the left,the chord of which bears North 673l'East to the place of beginning,all in Lane County,Oregon. TL03603 (deed 2022-002683) Beginning at the most easterly northeast corner of the James C. Looney and wife Donation Land Claim No. 85,in Section 2,Township 18 South,Range 2 West of the Willamette Meridian, and Claim No. 54 in Section 35,Township 17 South,Range 2 West of the Willamette Meridian;thence West 379.50 feet to the corner in angle of said claim;thence North a distance of 301 feet along the East line of said claim to the Southeast corner of the Fredrick J. Gray,Jr. and Elsie M. Gray property as described in Volume 236,Page 413 of Lane County Oregon Deed Records; thence running West 1312.08 feet along the South line of the said Fredrick J. Gray,Jr. and Elsie M. Gray property and along the South line of the Guy Mathews and Elsie Mathews property as described in Volume 267, Page 486 of Lane County Oregon Deed Records and along the South line of the Ralph G.Witcher and Josephine Witcher property described in Volume 231, Page 33 of Lane County Oregon Deed Records to the Southwest corner of the said Ralph G.Witcher and Josephine Witcher property;thence running South 0°05'East a distance of 799 feet to the center of the Eugene Springfield Land and Water Company irrigation canal; thence running in an Easterly direction along the center line of said canal a distance of 1747 feet to the intersection of said canal with the East line of the James C. Looney and wife Donation Land Claim No. 85,Township 18 South,Range 2 West of the Willamette Meridian and Claim No. 54, in Township 17 South, Range 2 West of the Willamette Meridian;thence running North along the East line of said claim a distance of 448 feet to the point of beginning,all a part of the said James C. Looney Donation Land Claim in Lane County, Oregon. Ordinance No. 6481 Exhibit B Page 17 of 17 Combined legal Beginning at a point in the Southerly line of County Road No. 925 (Thurston Road)on the East line of the James C. Looney Donation Land Claim No. 54,Notification No. 3710, in Township 17 South,Range 2 West of the Willamette Meridian,being 363.66 feet South of the most Northerly Northeast corner of said claim and running thence South on the East line of the claim 1064.62 feet(COURSE 1);thence continuing along said City Limits Line,East 379.50 feet(COURSE 2);thence continuing along said City Limits Line,run South along the East line of said claim a distance of 448 feet,more or less,to the center line of the Eugene Springfield Land and Water Company irrigation canal(COURSE 3);thence along the center line of said canal, and the north line of Land Partition Plat No. 2002-P1578 the following courses: North 76°59'21"West 30.56 feet(COURSE 4);North 67°55'03"West 339.30 feet(COURSE 5);North 62°40'03"West 62.27 feet(COURSE 6); South 78°50'55"West 86.46 feet(COURSE 7);thence South 82°12'41"West 85.00 feet(COURSE 8); thence along the center line of said canal,and the north line of Crossway Estates File 75, Slides 471-472,the following courses: South 82°12'41"West 43.85 feet (COURSE 9); South 8102611411 West 87.05 feet(COURSE 10); South 82001159"West 131.14 feet (COURSE 11); South 82°15'42"West 93.01 feet(COURSE 12); South 78038'15"West 85.81 feet (COURSE 13); South 82°10'52"West 101.55 feet(COURSE 14); South 87036'45"West 31.48 feet (COURSE 15); thence along the center line of said canal, and the north line of Beanel Acres File 73, Slide 362 South 80036'West 568.16 feet(COURSE 16);thence leaving said center line of canal,North 0°05'West 799 feet along said City Limits Line(COURSE 17)to the Southwest corner of the Ralph G. Witcher and Josephine Witcher property described in Volume 231,Page 33 of Lane County Oregon Deed Records;thence running East 885 feet,more or less,along the South line of the said Fredrick J. Gray,Jr. and Elsie M. Gray property and along the South line of the Guy Mathews and Elsie Mathews property as described in Volume 267, Page 486 of Lane County Oregon Deed Records and along the South line of the Ralph G.Witcher and Josephine Witcher property described in Volume 231,Page 33 of Lane County Oregon Deed Records(COURSE 18); thence North 574.76 feet to the Southerly line of the County Road (COURSE 19); thence along the Southerly line of the County Road,on a curve to the left,the chord of which bears North 6731'East 467 feet,more or less,to the place of beginning,all in Lane County, Oregon(COURSE 20). Ordinance No. 6481 Exhibit C Page 1 of 7 After Recording, Return to: Place Bar Code Sticker Here: CITY of Springfield Attn: Current Development Division Development& Public Works Department ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation(the"CITY") and Jim and Carlie Straub Family Trust("STRAUB"). RECITALS A. STRAUB owns the parcel of land legally described in Exhibit A,the Property (also identified as Assessor's Map No. 17-02-35-00, Tax Lots 3603 and 3200). The Property is contiguous with the Springfield city limits and is subject to annexation by the CITY of Springfield. B. STRAUB filed an annexation petition for the Property to the CITY and seeks support from the CITY for the annexation. C. STRAUB does not intend to develop the Property itself and has entered into a real estate contract with a developer, who intends to construct approximately 390 residential units (both single- and multi-unit)on the Property (the "Project"). A conceptual design of the Project is attached as Appendix A. STRAUB's obligations in this agreement shall extend to the developer of the planned residential project. D. The Property is inside the Urban Growth Boundary of the CITY. 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 Comprehensive Plan— Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. CITY staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize STRAUB 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 (00033568:1) ANNEXATION AGREEMENT—Page 1 of 7 Ordinance No. 6481 Exhibit C Page 2 of 7 management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative CITY recommendation for the annexation request. 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 Thurston Road but not yet extended to the Property's frontage along Thurston Road. This line is the designated trunk line for this area and has sufficient capacity for development of the Property under existing R-1 zoning. • The Project intends to connect to this trunk line at the intersection of Thurston Road and an extension of 74th Street. • An existing sanitary sewer connection may be available to the Property at the end of 74th Street on the southwest corner of the site. • A sewer line is extended to the east adjacent to the site in tax lot 17-02-35-41-01100, which is currently owned by Berian Assembly of God and is addressed as 147 75th Street. Direct access is not currently available to the site but this line could also be used for sewer connection if sufficient property rights are obtained. 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. • A public storm drain line extends to this site from the south at the end of 741h Street at the Property's southwest corner. This line can be extended as far to the north as topography allows for drainage of the southern half of tax lot 3603. The Property drains into Gray Creek along its southern boundary and 751h Street Creek on the east side of the Property that constitute the storm drain system for this area in Thurston. 1. An interconnected transportation system capable of serving the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and fire and life safety services to and from the Property. • Tax lot 3200 has legal and physical access to Thurston Road along the northern boundary. Thurston Road consists of an asphalt mat paving with striping and is otherwise unimproved. Thurston Road is under the jurisdiction of Lane County in this area. • Thurston Road is classified as a Minor Arterial roadway and is not improved to current CITY standards. A portion of Thurston Road will be annexed concurrently with the tax lot 3200. • The end of 74th Street abuts the Property's south boundary. Tax lot 17-02-35-00- 2700 (currently addressed as 7399 Thurston Road) has an approved subdivision plan (Thurston Estates) which contemplates extension of the 74th Street alignment from Thurston Road to the south line of tax lot 2700. J. A public water system with sufficient capacity to serve the Property is necessary to support a finding that this key urban service is available to serve the Property. Water services are provided by the Springfield Utility Board (SUB), a municipal utility,and SUB has stated there is capacity to serve future development on the Property. STRAUB will work with (00033568:11 ANNEXATION AGREEMENT—Page 2 of 7 Ordinance No. 6481 Exhibit C Page 3 of 7 SUB to determine the requirements for water infrastructure to serve the Property. Any system development charge(SDC) credits or other reimbursements for providing excess water system capacity, if required by SUB, will be subject to SUB policies and state law. K. 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 in exchange for the obligations of the CITY set forth below, STRAUB shall comply with all requirements imposed on STRAUB 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. STRAUB's Obligations. STRAUB agrees to perform the obligations set forth in this section. 1.1. Upon recordation of a final plat, STRAUB shall dedicate public rights-of-way to terminate at the Property boundary, in the following locations: I.I.I. To Thurston Road at tax lot 17-02-35-03200; 1.1.2. To the southern extension of the future planned road on tax lot 17-02-35-00-02700; and 1.1.3. To the Property's southern boundary to align with the northern terminus of 70 Street. STRAUB shall use commercially reasonable efforts to obtain connectivity between the Property and 741h Street to the south. If such a connection cannot be made within a reasonable time (not to exceed two years after completion of development of the Property), STRAUB and the CITY shall cooperate to obtain access from the Property to 74th Street. 1.1.4. In consultation with the Springfield School District, STRAUB shall provide at least one stub-street connection to the eastern lot currently owned by the Springfield School District(tax lot 17-02-36-20-00403). 1.2. STRAUB shall improve the full frontage of Thurston Road along the frontage of tax lot 3200 with full urban improvements to include paving width sufficient for CITY Standard minor arterial typical section, curb and gutter, street trees, setback sidewalk and any required street lighting. 1.3. STRAUB shall extend the Thurston trunk line sewer to the eastern edge of tax lot 3200 and install sewer mains as needed to tax lot 3603. An alternative route of the trunk line shall be allowed through the Property via the extension of 74th Street, if an upstream study shows the depth of the line is adequate to serve future development to the East. The CITY may require the 8-inch sewer lines to be up-sized to accommodate future development of other properties. As an alternative to a 15-inch extension of the trunk line, whether in Thurston Road or through the Property, STRAUB may utilize a smaller line for this extension if it (00033568:1) ANNEXATION AGREEMENT—Page 3 of 7 Ordinance No. 6481 Exhibit C Page 4 of 7 provides an analysis, according to Chapter 2 of the Springfield Engineering Design Standards &Procedures Manual,that shows there is adequate reserve capacity. 1.4. STRAUB shall be responsible for the costs of installation of any 8-inch sewer line necessary to serve development on the Property, subject to Sections 2.2 and 2.3, below. 1.5. In determining STRAUB'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 the CITY. Consistent with the above Recitals, the CITY agrees to: 2.1 Process the annexation request and support annexation of the Property to the CITY before the Common Council, and support STRAUB'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. 2.2 The CITY shall reimburse to STRAUB all additional costs of up-sizing the sewer line referenced above in Section 1.4 beyond an 8-inch diameter line, or shall grant STRAUB an equivalent value of SDC credits,which credits shall be applicable to residential building permits for construction on the Property. Upon a properly made request by STRAUB, the CITY shall allow a reimbursement district to be established that will transfer to STRAUB sewer connection fees received by the City for the development of other properties that connect to the new sewer main[s] and extended trunk line. Provided, however, nothing in this section supersedes any requirements of the Springfield Municipal Code Chapter 3 related to SDC credits or formation of a reimbursement district. 2.3 Subject to the procedural requirements in ORS 223.309, CITY shall add the Thurston Trunk line sewer as a capital project on its Capital Improvement Plan ("CIP") if it is not already listed on the CIP, in order to ensure that its extension is eligible for wastewater SDC credits. The CITY shall award to STRAUB wastewater SDC credits for the extension of the Thurston Trunk line sewer beyond the length necessary to connect to the sewer mains that will be proposed within the Property(i.e. beyond the anticipated connection point near the intersection of Thurston Road and 74th Street). If the SDC credits do not fully offset the costs of the extension of such trunk line beyond this connection point, the CITY shall reimburse the costs of such additional extension, as those costs are determined by section 1.5, above. 2.4 The CITY shall award transportation, local wastewater, and stormwater SDC credits for any qualified public improvements, including those contemplated in this Agreement. Such SDC credits shall be transferrable between STRAUB, the developer of the property, and any related business entities of the same. Otherwise, SDC credits shall be transferrable as described in SMC 3.417. {00033568:1) ANNEXATION AGREEMENT—Page 4 of 7 Ordinance No. 6481 Exhibit C Page 5 of 7 3. Covenants Running with the Land. It is the intention of the parties that the obligations and benefits pertaining to STRAUB shall pertain to any future developer of the Property. The obligations herein 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 STRAUB's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by STRAUB and shall benefit any assigns or successors in interest to STRAUB. Execution of this Agreement is a precondition to annexation of the Property. 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 building permit approval, partition, subdivision, or other applicable development permit, for the proposed development. 5. Mutual Cooperation. CITY and STRAUB shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. Provided the CITY approves land use applications for a project or projects requiring the public improvements identified in this Agreement, STRAUB agrees to sign any and all waivers, petitions, consents, and all other documents necessary to obtain the public facilities and services specifically described herein, 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. The above notwithstanding, STRAUB specifically reserves any and all rights it would ordinarily have concerning the adequacy of system development charge credits or cash reimbursements from the CITY, the adequacy of a local improvement district or reimbursement district(whether initiated by the Applicant, CITY or other person or entity), or any other mechanism intended to equitably offset the costs of public improvements constructed by STRAUB. STRAUB also specifically reserves its rights to participate in any approval process, appeal, or litigation related to the same. 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. The City shall cooperate reasonably with Straub on appropriate amendments to this Agreement should the Project prove infeasible or require redesign. 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 STRAUB. STRAUB is responsible for obtaining, at STRAUB's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. STRAUB knows and understands any rights it may have under the 5`h Amendment of the US Constitution for just compensation for public exactions or improvements, as interpreted in Dolan v. CITYof Tigard, 512 US 374(1994) and subsequent cases interpreting the legal effect of Dolan. STRAUB hereby waives any requirement that the CITY demonstrate the public improvements specifically described herein are roughly proportional to the burden and (00033568:1) ANNEXATION AGREEMENT—Page 5 of 7 Ordinance No. 6481 Exhibit C Page 6 of 7 demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. STRAUB reserves any 51h Amendment rights it would ordinarily have under Dolan and its progeny with respect to public improvements, improvement costs, reimbursements, SDC credits, or any other obligation or offsetting benefit not specifically described herein. For these purposes, "specifically described" means a description of an improvement, fee, or other exaction, or reimbursement, SDC credit, or offsetting benefit that is stated with enough information to reasonably enable a developer to estimate its cost or value prior to entering into the Agreement. STRAUB does not waive any 5th Amendment right as to any improvement, fee, or other exaction not addressed in the Agreement. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. DATED this 12 day of f 20M. IN WITNESS WHEREOF, the STRAUB and CITY have executed this Agreement as of the date first herein above written. STRAUB - J i MA (I S-tro-Ljo Fc �l� TrurF 4, 1--"- By:Ja-Ke,S �'1i u4, Date Its: 'FrL".S7�,C- STATE OF OREGON COUNTY OF LANE SS THHIS INSTR�U/MENT WAS ACKNOWLEDGED DDTB-EFORE ME ON 520 2 BY /QV�S 1 tt�lC�el �1TGu,n AS I ��45��_ OF -41--P ,1M P l�1�Gudce &t' L16 (STRAUB) Fru�+i ly�T'ru8i' &=6cd (D IL4 12o i N OFFICIAL STAMP NADJA ROSE JUDISH NOTARY PUBLIC-OREGON COMMISSION NO.1025995 C-KOTAR GON MY COMMISSION EXPIRES JULY 13,2026 (00033568:1) ANNEXATION AGREEMENT—Page 6 of 7 Ordinance No. 6481 Exhibit C Page 7 of 7 CITY OF SPRINGFIELD By: Nancy Newton, City Manager STATE OF OREGON SS COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON (00033569:1) ANNEXATION AGREEMENT—Page 7 of 7 Ordinance No. 6481 Exhibit D Pagel of 8 SPRINGFIELD TYPE 4 -ANNEXATION STAFF REPORT AND RECOMMENDATION oREGL7t^I File Name: Straub Annexation $ 5 Case Number: 811-24-000087-TYP4 Proposal Location: Between 7527 and' �� = ■ 7655 Thurston Road and north of 74' Street and B Street, and including a 60-foot wide by—1,175-foot long segment of Thurston Road right-of-way (Map 17-02-35-00,Tax Lots 3200& 3603) �®■■ : : ■EMI ��■��■ �� Current Zoning & Comprehensive Plan Designation: R-1 Residential District Applicable Comprehensive Plan: Springfield Comprehensive Plan Application Submittal Date:March 27,2024 Public Hearing Meeting Date: June 3,2024 Associated Applications: 811-22-000103-PRE (Development Initiation Meeting); 811-23-000103-PRE (Development Initiation Meeting); 811-24-000052-PRE(Completeness Check Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Review Process (SDC 5.7.115): The subject annexation request is being reviewed under Type 4 Annexation procedures,without Planning Commission consideration. Development Initiation Meeting(SDC 5.7.120): A Development Initiation Meeting(DIM)is required of all public agency and private landowner-initiated annexation applications,unless waived by the Director. Finding: In response to multiple applicant submittals,the City held a Development Initiation Meeting on May 31, 2022 (File 811-22-000103-PRE) and another Development Initiation Meeting on June 13, 2023 (File 811-23- 000103-PRE). Subsequently, a completeness check meeting for the annexation request was held on March 1, 2024 (File 811-24-000052-PRE). Conclusion: The requirement in SDC 5.7.120 is met. Annexation Initiation and Application Submittal (SDC 5.7.125): In accordance with SDC 5.7.125(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 Ordinance No.6481 Exhibit D Page 2 of 8 more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land" Finding: The property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield (Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7.125 have been met. Site Information: The subject annexation area consists of an irregular-shaped property comprising two separate tax lots with an aggregate area of approximately 29.9 acres. The property is bounded on the north by a segment of Thurston Road;on the west by the Thurston Elementary School site;on the south by private properties off 74'Street, B Street and 75' Street; and on the east by Bob Artz Park. The property is vacant and has been used previously for agriculture. There is no developed access to the property although it is proximate to public rights-of-way at 74' Street and Thurston Road. The subject property is inside the Springfield Urban Growth Boundary (UGB) and it is contiguous to the City limits along the southern, western and eastern boundaries. The purpose for annexing the property is to facilitate the extension of public streets and utilities for future land division and development of residential dwellings on the property. Concurrent with annexation of the subject property, staff is recommending annexation of a 60-foot wide by approximately 1,175-foot long segment of Thurston Road. The purpose of this recommended annexation is to facilitate extension of urban utilities along this corridor to serve the subject property. Annexation of the public right-of-way is also a necessary step toward future jurisdictional transfer of the street from Lane County to the City. Current zoning for the property is R-1 Residential District with an Urbanizable Fringe Overlay District (UF-10) applied. After annexation,the OF-10 overlay will be removed and the subject property will remain within the R-1 Residential District. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District),roads(City of Springfield and Lane County), and Fire (Eugene-Springfield Fire under contract with the McKenzie Fire and Rescue District). Springfield Utility Board(SUB)provides electrical and water service to incorporated areas of Thurston. SUB Water has an existing waterline within 74'Street near the southwest corner of the annexation territory. The City has an existing sanitary sewer line stubbed out on Thurston Road near the northeast corner of the Thurston Elementary School site, and another sanitary sewer line stubbed out on 74t1' Street north of B Street. Upon annexation,the City of Springfield will be responsible for all urban services for the property including water and electricity (through SUB), sanitary sewer, stormwater, transportation and police/fire response to the subject area. Notice Requirements (SDC 5.7.130): Consistent with SDC 5.7.130, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed May 9,2024,which is more than 14 days prior to the public hearing date to owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected special districts and all other public utility providers; and the Lane County Land Management Division,Lane County Elections,and the Lane County Board of Commissioners. The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-24-000087-TYP4. Newspaper Notice. Notice of the June 3,2024 public hearing was published in the print version of The Chronicle on May 23 and 30,2024. The notification meets the requirements of SDC 5.7.130(B)for two consecutive notices in the two-week period before the hearing. Posted Notice. Notice of the June 3, 2024 public hearing was posted in five places in the City: at the northwest corner of the annexation area near the driveway entrance for 7399 Thurston Road; along the northeast property frontage on Thurston Road near the driveway entrance for 7655 Thurston Road; at the north end of 74'Street where Ordinance No.6481 Exhibit D Page 3 of 8 it terminates north of B Street; on the Public Notices bulletin board in the lobby of City Hall; and on the City's website. The public hearing notice was also digitally posted on the electronic display in the foyer of the Development & Public Works office in Springfield City Hall. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Public Testimony Received. Staff responded to one telephone inquiry regarding the annexation request. However, no written comments were received during the public notification period that started with issuance of mailed notices on May 9, 2024 and extended through the period of May 30, 2024 when the City Council packet was finalized for publication. At the public hearing meeting on June 3,2024,two persons testified about the public notification process used for the annexation. The respondents expressed concerns that they had not received direct notification of the proposed annexation and that the proposed housing form for the annexation area could cause traffic and congestion in the neighborhood. After the conclusion of the meeting,staff met in person with the respondents and provided an overview of the mailed,posted and digital notification used for the annexation. Staff explained that because the respondents live more than '/2 mile away from the annexation territory they would not have received direct notification by mail; that type of mailed notice is for property owners and residents within 300 feet of the site. Staff also clarified that there are no specific development plans submitted for the property,although there is a prospective residential developer for the project. Until the property is annexed,no development plans can be considered by the City or made available for public review. The respondents expressed appreciation for the staff explanation and mentioned that they would continue following the progress of the property as it moves forward from annexation to future residential development. Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in SDC 5.7.140, which are provided as follows with the SDC requirements,findings,and conclusions. The Director's recommendation follows SDC 5.7.140,Criteria. Criteria(SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary(UGB)of the City of Springfield (see additional discussion in Subsection B below). The property requested for annexation is contiguous with the City limits along portions of the southern,western, and eastern boundary. Increased contiguity will be achieved with concurrent annexation of the Thurston Road right-of-way between 7399 and 7655 Thurston Road. The proposal meets the requirements of SDC 5.7.140(A)(1) for contiguity to the current City limits. 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)of SDC 5.7.140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC)in August 1982 and has been subsequently amended. The original Metro Plan UGB encompassed both Eugene and Springfield,with I-5 being the acknowledged boundary between Eugene and Springfield. With the passage of House Bill 3337 in 2007 and adoption of Ordinance 6268 in 2011,a separate and distinct UGB was created for Springfield using a tax lot by tax lot delineation. Springfield's UGB as delineated by Ordinance 6268 was subsequently revised and expanded upon adoption of Ordinance 6361 in 2016. The revised and expanded UGB is delineated on an individual tax lot basis and has been acknowledged by LCDC. Territory within the acknowledged UGB ultimately will be within the City of Springfield. Ordinance No. 6481 Exhibit D Page 4 of 8 Finding: In December 2016, Springfield adopted the Springfield Comprehensive Plan- Urbanization Element as a component of Springfield's comprehensive plan in compliance with Statewide Planning Goal 14,Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. The Urbanization Element has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area that is zoned R-1 Residential District which is consistent with the comprehensive plan designation. The adopted elements of the Springfield Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. The Urbanizable Fringe(UF-10)overlay will be effectively removed upon annexation. Following annexation, the applicant can apply for extension of public streets and with City services and initiate further development or redevelopment of the property in accordance with provisions of the City's Development Code. Finding: The continued annexation of properties to the City of Springfield is consistent with Policy 29 of the Springfield Comprehensive Plan Urbanization Element which specifies annexation as the preferred mechanism for provision of urban services to properties within the UGB,which will result in the elimination of special districts within the urbanizable area. Finding: More detailed discussion of Public Facilities and Services in the Metro Plan(Section III-G)and the Eugene- Springl'ield Public Facilities and Services Plan(PFSP)—a refinement plan of the Metro Plan—contemplates eventual elimination of special service districts within each city's UGB as annexation occurs incrementally. Policy G.9 of the Eugene-Springfield PFSP states that Eugene and Springfield and their respective utility branches,Eugene Water &Electric Board(EWEB)and Springfield Utility Board(SUB),shall ultimately be the water service providers within their respective urban growth boundary. The requested annexation is consistent with this adopted policy. Finding: The territory requested for annexation is currently within the service area of the McKenzie Fire and Rescue District. The rural fire service district has a contractual service arrangement with Eugene-Springfield Fire Department for provision of fire response. After the public hearing and Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the McKenzie Fire and Rescue District consistent with ORS 222.520 and 222.524 and the City of Springfield by and through the Eugene-Springfield Fire Department will provide fire and life safety services to the annexation area. Approval Standard: In accordance with Policy 33 of the Springfield Comprehensive Plan Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. Finding: There is no rural water service to unincorporated areas of Thurston,including the subject property. Upon annexation,the City by and through the Springfield Utility Board will provide potable water service to the annexation area. Finding: In accordance with Policy 34 of the Springfield Comprehensive Plan Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service,that service shall be provided by one of the following methods in this priority order: a)Annexation to City;or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield Comprehensive Plan Urbanization Element, the City shall not extend water or wastewater service outside City limits to serve a residence or business without first obtaining a valid annexation petition,a consent to annex agreement,or when a health hazard abatement annexation is required. Finding: The requested annexation is to allow for future extension of public streets and utilities from points on the periphery, and to facilitate phased land division and construction of residential dwellings on the property. There is no proposal to extend public sewer or water to a non-annexed area. Further discussion about the sanitary sewer and water system is found in Section C below. Conclusion: The proposal meets and complies with Criterion B of SDC 5.7.140. Ordinance No. 6481 Exhibit D Page 5 of 8 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 Approval Standard: In accordance with Policy 29 of the Springfield 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. Approval Standard: In accordance with Policy 31 of the Springfield 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. Approval Standard: In accordance with Policy 32 of the Springfield Comprehensive Plan Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits line along the southern,western, and eastern boundary. The proposal meets the contiguity requirements for the purpose of advancing this annexation request. Urban utilities including water and sanitary sewer are located in Thurston Road near the eastern boundary of Thurston Elementary School, and on 74'Street north of B Street. Finding: Recent annexation and approval of a tentative subdivision for property at 7399 Thurston Road will bring urban utilities closer to the subject property when this project is completed. The prior annexation included a segment of Thurston Road right-of-way and the developer of this project will be required to extend public utilities and street improvements to the northeast corner of the site. Finding: Based on the foregoing, the urban service delivery systems are already available and in place or can be logically extended from points on the periphery to serve the subject property in a timely, orderly, and efficient manner. The following urban utilities,facilities and services are either available or can be extended to this annexation area: Water—The Springfield Utility Board operates the public water utility system within incorporated areas of Thurston. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the subject property will be eligible to receive SUB Water service. There is an existing 8-inch water line that is stubbed out on 74' Street north of B Street near the southwest corner of the annexation territory. A second 8-inch water line runs along Thurston Road near the northwest edge of the annexation territory. Because of the size of the annexation territory(nearly 30 acres)and the planned extension of public streets necessary to serve the property,the applicant will be responsible for providing water line looping within the development area consistent with SUB Water requirements,which SUB states is feasible to provide at the time of development. Electricity — SUB owns and operates underground and overhead electrical transmission lines along Main Street, Thurston Road, 74' Street and 75' Street. The subject property will need to provide for future extension of SUB electrical lines from points on the periphery and internal to the future development area. The applicant has already undertaken initial discussions with SUB staff regarding this issue. Existing electrical system infrastructure within the public rights-of-way and easements will continue to be maintained by the affected utility provider. Police Services — Springfield Police Department currently provides service to areas of Thurston 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 under contract with the McKenzie Fire and Rescue District. Upon annexation,the property will be withdrawn from the rural fire district and the Eugene-Springfield Fire Department will directly provide fire and Ordinance No. 6481 Exhibit D Page 6 of 8 emergency services to the subject territory. Emergency medical transport (ambulance) services are provided on a metro-wide basis by the Eugene-Springfield Fire Department. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other's jurisdictions. Parks and Recreation—Park and recreation services are provided within the City of Springfield by the Willamalane Park& Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center,Lively Park Swim Center,Bob Keefer Center for Sports and Recreation,and Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks,including community parks, sports parks, special use parks, and natural area parks. The subject property abuts Bob Artz Park along the eastern boundary. Conceptual development plans prepared by the applicant contemplates potential pedestrian connections from the annexation territory to Bob Artz Park and the Thurston Elementary School. Additionally, the adopted Willamalane Comprehensive Plan identifies future playground and play field upgrades for Bob Artz Park (Projects S15 and M5). However, the Willamalane Comprehensive Plan does not identify future or potential park or open space areas within the subject annexation territory. Concurrent with annexation to the City of Springfield,the subject property will be annexed to the Willamalane Park &Recreation District consistent with City policy, an intergovernmental agreement between the City of Springfield and Lane County,and the adopted Willamalane Comprehensive Plan. Library Services—Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Schools — The Springfield School District serves this area of Thurston. The School District has capacity to serve the annexation area in its current configuration because there is a public elementary school on the western boundary of the annexation territory. As future development proceeds,the annexation territory may generate a school-age population. State law requires Springfield School District to allow enrollment of students within its boundaries. Springfield School District policy provides for defined attendance areas to reduce building overcrowding and directs the superintendent to monitor changes to student populations at each school district building to make adjustments to attendance areas as needed. There is no indication from Springfield School District that public school services will not be immediately available at the time of development.At the time of future development or redevelopment,the School District will be referred any land use plans including proposals for land division and residential development that could generate a new student population on this site. Sanitary Sewer — The annexation territory is proximate to two sanitary sewer connections: a terminal manhole at the northern end of 74t1i Street north of B Street,and a terminal manhole in Thurston Road near the northeast corner of the Thurston Elementary School. Extension of both sanitary sewer lines will be required for full development of the subject property and this is detailed in the Annexation Agreement prepared for this annexation request. As stated previously, a prior annexation and approved subdivision plan for 7399 Thurston Road will advance the sanitary sewer line eastward along Thurston Road. Should this project be delayed or cancelled the applicant will be required to extend the sanitary sewer line along Thurston Road to the northeast corner of the site near the boundary with 7655 Thurston Road. The applicant is proposing to phase the residential development which allows for incremental extension of sanitary sewer lines with the capacity to serve the subject property. The Annexation Agreement prepared for the property will include provisions for extending the sanitary sewer lines. Stormwater — The subject annexation territory is not currently served by a public Stormwater management system although there are piped and open channel facilities outside the southern and western boundary of the property. An existing watercourse runs generally east to west along the southern edge of the annexation territory. With future development or redevelopment on the property the applicant will be required to delineate existing wetlands and manage Stormwater on the site per requirements of the Springfield Development Code, including provision for treatment and Ordinance No.6481 Exhibit D Page 7 of 8 infiltration of runoff. Overflow to the public stormwater system on the periphery may be allowable depending on the final on-site stormwater system design and as permitted under the City's stormwater development regulations in effect on the date of submittal. Review and approval of any proposed stormwater system(s)will be done in conjunction with future land use actions for development of the property. Streets—The northern boundary of the subject annexation area fronts onto Thurston Road,which is classified as an urban collector street. West of the subject property frontage (near the driveway entrance for Thurston Elementary School),Thurston Road is developed with curb,gutter,setback sidewalk(on the south side of the street only), paving, street lighting, discontinuous street trees, striped bicycle lanes and centerline striping for the two- lane road profile. In accordance with provisions of the Annexation Agreement,the developer must provide for future Thurston Road frontage improvements including, but not limited to: curb, gutter, sidewalk, street trees, street lighting,bicycle lanes and piped stormwater facilities. The Annexation Agreement provides for trigger actions that will necessitate the installation of Thurston Road improvements. In addition to Thurston Road frontage improvements there will be a requirement for the extension of new public streets to and through the subject annexation territory. The extension of public streets is required to meet block length and connectivity standards outlined in the City's Development Code. Extension of public streets also facilitates the future development or redevelopment of adjoining, non-participating acreage parcels that can be subdivided into multiple residential lots. To achieve urban residential density for the subject property and adjoining properties that could develop in the future,an interconnected network of public streets is necessary. Over time,the provision of local street intersections along Thurston Road will also reduce the number of individual residential driveway connections on this collector street. For this reason, the Annexation Agreement also discusses internal public street improvements and potential intersection improvements where these future streets connect to Thurston Road. Solid Waste Mang ement—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 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 all portions of Thurston that are inside the UGB,including the unincorporated areas. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the Springfield Comprehensive Plan Urbanization Element are available to the site, or there is sufficient capacity that will exist at the time of development. Conclusion: The proposal meets and complies with Criterion C of SDC 5.7.140. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The area proposed for annexation is vacant and not improved with public streets, utilities or any type of structures. The subject annexation area was previously used as agricultural land for livestock feed crops. All key public utilities, including sanitary and storm sewer, water, electricity and telecommunications are available on the nearby public street frontages or in the immediate vicinity of the annexation territory. Future land division and/or development of the property will trigger provisions of the Annexation Agreement including the property owner's responsibilities for Thurston Road frontage improvements. City staff and the applicant met on May 22 to negotiate specific language for the annexation agreement regarding requirements for dedication of future stormwater facilities, access from 74th Street,and other terms and conditions. Ordinance No.6481 Exhibit D Page 8 of 8 Following the May 22 meeting, staff and the City Attorney's office have worked with the applicant and their legal counsel to prepare a final annexation agreement that is now ready for final execution by the City Manager. The applicant has signed the agreement and it is included as Attachment C to the annexation ordinance. Conclusion: Pending final execution of the annexation agreement, it is expected that the proposal will meet and comply with Criterion D of SDC 5.7.140. City Council Decision (SDC 5.7.145): City Council approval of the annexation application shall be by Ordinance. Finding: The City Council conducted first reading of the Annexation Ordinance and opened the Public Hearing on June 3, 2024. The City Council continued the public hearing for the subject annexation request to the June 17, 2024 meeting for consideration of the negotiated Annexation Agreement. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may now take action to conclude the public hearing and close the record,and to approve, modify, or deny the Annexation Ordinance at the June 17,2024 meeting. Zoning (SDC 5.7.150): The area requested for annexation is zoned and designated R-1 Residential District in accordance with the Springfield Zoning Map and the adopted Springfield Comprehensive Plan. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the OF-10 overlay will be automatically removed and the property will retain the R-I Residential zoning. Effective Date and Notice of Approved Annexation (SDC 5.7.155): The subject annexation request is being presented to the City Council for consideration at a public hearing on June 3,2024. Second reading and potential adoption of the annexation Ordinance is scheduled for June 17, 2024. Therefore,the annexation and special district withdrawal will become effective 30 days after the Ordinance is signed by the Mayor,or upon acknowledgement of filing with the Secretary of State—whichever date is later. 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 SDC 5.7.130. Finding: The annexation area is within the delineated service territory of McKenzie Fire and Rescue District (contracted fire response). The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation. Consistent with SDC 5.7.160, notice was provided for the public hearing on June 3, 2024. Withdrawal from the McKenzie Fire and Rescue District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the McKenzie Fire and Rescue District is necessary to implement Policies 31 and 32 of the Springfield 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: Based on the provisions of the final Annexation Agreement, it is expected that this proposal will comply with the annexation criteria of approval listed in SDC 5.7.140. The Council is requested to conclude the public hearing and close the record at the June 17,2024 meeting. The Council may then consider adopting the ordinance annexing the subject territory to the City of Springfield and Willamalane Park and Recreation District and withdrawing the subject territory from the McKenzie Fire and Rescue District. Ordinance No. 6481