Loading...
HomeMy WebLinkAboutOrdinance No. 6483 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6483 AN ORDINANCE ANNEXING CERTAIN TERRITORY (MAP 18-02-06-14, TL 06200) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK & RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7.100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on March 14, 2024, said territory being Assessor's Map Township 18 South, Range 02 West, Section 06, Map 14, Tax Lot 06200, which is residentially developed, and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of Tax Lot 06200 initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; WHEREAS, this annexation has been initiated in accordance with SDC 5.7.125(A) and ORS 222; WHEREAS, the territory proposed for annexation is within the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits. (SDC 5.7.140(A)); WHEREAS, the annexation is consistent with the Springfield 2030 Comprehensive Plan— Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; WHEREAS, the City Council of the City of Springfield has determined that the provision of City services to the subject area is necessary to serve the site for future partition; WHEREAS, in accordance with SDC 5.7.150(A), upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying R-1 Residential District zoning will be retained; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to withdraw the subject territory from the WiI lake nzie-Springfield Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on June 17, 2024, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Willakenzie Rural Fire Protection District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development & Public Works Director or their designee shall send copies of this Ordinance to 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. The applicant initiated the annexation request by submittal of a complete application on March 14, 2024. In accordance with SDC 5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days following Ordinance adoption and signature by the Mayor, or upon acknowledgement by the State, whichever date is later. ADOPTED by the Common Council of the City of Springfield, this 1 st day of July , 2024, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 1st day of July , 2024. %a- Mayor ATTEST: REVIEWED&APPROVED AS TO FORM KrbstLna,Kra. U ATE:D City Recorder �/ T4 DATE: FIELD CITY gTTORNEV'S OFFICE Exhibit A Page 1 of 2 � p r W s W et CO LL w LL co N Z w e C7 0 S3e8 Z N CO OD co 17, [y� FF yi IBM N i Y i k „ i//l• iA$i aA s°{f a o f �6 '° & d a "'.f 3N Ytl3B'Ilj_ -- ———i a�'4 8 k cam" "a_ •� .- . colb y i ° Y R'g 1 8Y c 8a '� Y w 8a 8� eY 4- j m 0 R So FRIo Rea eY 3a . °8 z.t ¢ g8¢ $Q eom FSN o �f i 8�r�or_m8�ty im S _ ,'< -J ' Ns "-"e --..� ''R' A 1 8� �h � i`a ��e a � 3•.., I ---------------- -------------- i e _ 30tlld•FUAb '_• _. - y j °'S��, � d H106 OS k..aud<- -_— � _++-f-r'�'�t�•-� 8 ma N Se • om CO T ai 8Y •F� r� �= o a o �oev d Oi e� ` _ $ ' �m o 5 m� N 4 �� v ��"•---"-°xwoeun \ Y a)r t \,• i -off e° a." e? 1 eo it A rr a v• eY m y N ` 8¢ \,1•'. ! e a r k i YR 4 eiF a y,°. gym'. m m y •\\• a�= a _♦ 133Hy�4oFi1a6Ti os ° z gl{ OtlLo 0090L p m r- 1 m o ch a �' e N i _! A�. 5•, o a W ----------------- kMa � � ro i oY � �m I BeY..•r m. 1 ___—_ —_._— 1 __ �.. 4 a8S ------------ � i :..mm F e8Y mp n�F I M�" �o✓' z r� a8Y r a L33aL2 HYse4unos. �� '^ gSY Y 6,'$Y �, .4.�`M \B oY zZ oY m 8Y Y_ 9v gm 1 au ii >•- ----------------- w�o aF4 �'' eo tto m ! Sa '• r '"fi i o � oa '80�€: `¢ �•� �s°8 ��N � g� � Y 3 80�� `��� a'oY � �ry - � ,f y i Exhibit A Page 2 of 2 Western Title& Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT"A" (Land Description) Lot 1, Block 2, H.F. FRANKLIN ADDITION, as platted and recorded in Book 14, Page 31, Lane County Oregon Plat Records, In Lane County,Oregon. Public Record Report for New Subdivision or Partition (Ver.20161024) Exhibit B Page 1 of 18 AGENDA DEVELOPMENT REVIEW COMMITTEE DEVELOPMENTSER VICES DEPARTMENT 225 FIFTH STREET Conference Room 616/MS Teams Staff Review; Tuesday,April 2, 2024 9;30—10.00 a.m, 1. Annexation 811-24-000077-TYP4 811-23-000266-PROJ Robert Kemp Assessor's Map: 18-02-06-14 TL: 6200 Address: 904 Filbert Lane Existing Use: residential Applicant has submitted plans for annexation of residential parcel Planner: Tom Sievers Meeting: Tuesday, April 2, 2024 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: https://www.springfield-or.gov/weblink8/browse.aspx 1 Exhibit B Page 2 of 18 oa r� :.... ..: �th NEW 320 -7 p fikl �#ld4Q 4]JQP_ _ pber�/j - ❑❑ iA � ob SITE VICINITY MAP i 0000 •I Annexation i • 6200 904 Filbert Robert Kem• Exhibit B Page 3 of 18 City of Springfield SPRINGFIELD Development & Public Works 225 Fifth Street Springfield, OR 97477 ] Annexation Application Type 4 Application Type lAnnexation Application Completeness Check: I.Annexation Application Submittal: 'Required Proposal Information (Applicant: Co lete This Section MP Property Robert Kemp r• Phone: (541) 915-9202 Address: 838 W Indianola Street, Roseburg, OR 97471 E-mail'. servtechrob@gmail.com Owner Signature: '/V Owner Signature: Agent Name: Andrew Strout Phone: (541) 746-0637 Branch Engineering, Inc. Com an : •Fax• 310 5th Street,Springfield, OR 97477 andrews@ bra nchengi6ering. Address: E-mail loom Agent ' Signature: If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required,only the owner may sign the petition. ASSESSOR'S MAP NO: 18-02-06-14 TAX LOT NOS 6200 Property Address: 904 Filbert Lane,Springfield,OR 97478 Area of Request: Acres: 0.37 Square Feet: 16,009 Existing Use: Residential Proposed Use:• Residential Required-Property Information, (City Zntake Staff: Complete This Section) Reviewed 7Cae No.: Date: By: initials Project No.: Placard: Application Postage Fee: Total Fee: Fee: --T I Revised 04/17/2023 slm Page 8 of 16 Exhibit B Page 4 of 18 Branch January 30, 2024 I N E E R I N G Since 1977 transportationcivil - PROJECT NARRATIVE CITY OF SPRINGFIELL ANNEXATION Branch Engineering Inc. Project No. 2 3-5 5 3 This annexation proposes to incorporate a portion of Lot 1 of Block 2 of the H.F.Franklin Addition Subdivision (TM 18-02-06-14; TL 6200). Exact locations of all these portions of land can be found on the map submitted as part of this application. The following describes how this annexation complies with SDC 5.7-125(b)(13) and (14): A. The affected territory proposed to be annexed is within the City's Urban Growth Boundary, and is r 1. Contiguous to the city limits; or 2. Separated from the City only by a public right-of-way or a stream, lake, or other body of water. The property is contiguous with city Iimits along its westerly and easterly edge. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; The property is currently zoned as R1 in the City of Springfield's zoning map which is consistent with the Eugene/Springfield Metro Plan. 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 All utilities, including water, electric and sanitary, are located within the annexation area or are directly adjacent to the annexation area within dedicated public right-of- way. See the Public/Private Utility Plan submitted with this application for additional details. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. An Annexation Agreement or other City approved mechanism will be signed prior to annexation. EUGENE-SPRINGFIELD 310 5ch Street,Springfield, OR 97477 1 p: 541.746.0637 � www.branchengineering.com Exhibit B Page 5 of 18 Branch January 30, 2024 E'N"G I N E E RING, Since 1977 LEGAL DESCRIPTION , , rtation ANNEXATION APPLICATION TM 18-02-06-14, TL 6200 Branch Engineering Inc. Project No. 2 3-5 5 3 Lot 1, Block 2 of H.F. Franklin-Addition Subdivision recorded in Book 14, Page 31 in the Lane County Oregon Plat Records. EUGENE-SPRINGFIELD PHILOMATH 310 5th Street, Springfield, OR 97477 1 p: 541.746.0637 1 www.branchengineering.com Exhibit B X p r ' •a O —I A x o, z Page 6 of 18rD D <. rt rt m N N A W N h+ (D O CL Uj O In ,O.r '� N' X TG nni LO O 7 -n rr (D ai O V m 2 FI , rt ` O O 7 Cl, � � < y 0 CL o 1i V w a 0 � � -1 : � O fn N �. _U3 !1_1 r* v 3 ET fl 3 — - 0WrDC0C P `"A � 0 Urn 0 G -7 (D K �, r Z C -v o O a �o rn "� 3 (A CD � rt O (D rr _ _ y d Q O � Q O (D (OD a � w � � rn rt rat C o IQ rt ((DD Al :3r_t � n '" n (D 3 a lam_ N p r n [D Q lQD rt , (� c' rt p C�1 f D = O N 3 O Q �+, m O Ln mrt n � ? o p� O o n rOt (DD N � 7 ri `r Z Ul r-r O 7 z (D O G O Qjj rt rt rr O \ (D X M En T (D O � `G = o (D : O O r-i 'n 6uok -1 3 (D V) p 6 .� CL rOt N z M Q c � m o o i (D n rt �. n � F+ (D �' -1 4 � ,� n fl- rD �CD o 0- Z Omrt 7 tZ cD n � (D 0- X O (n m o N °r v� o m ,. j N m 7 (D'� O � rt N `c CL = N C- Q tCCDD •< O � � � O fl i 6X (n 70 40 rt 3 OO n3 � to oz :30 0 a O O j_ c0 k pj En =r p 3 rn O Q cy m d p N Q X N Q OL O N O t O ryD (�D a O rrt , C rt ^� O l o r- c j n (D (D � o v M rOt (DLn 0 m N 3 (DD (D O. Exhibit B Page 7 of 18 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 I No Ma /lot number) j 18-02-06-14-06200 Robert Kemp 0.37 $127,482.00 Y x TOTALS: 0.37 $127,482.00 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 0.37 ACREAGE SIGNED FOR 0.37 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $127,482.00 VALUE CONSENTED FOR $127,482.00 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 04/17/2023 slm 13 of 16 Exhibit B Page 8 of 18 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: Andrew Strout E-mail: andrews@branchengineering.com Supply the following information regarding the annexation area. • Estimated Population (at present): 2 • Number of Existing Residential Units: 1 • Other Uses: N/A • Land Area: 0.37 total acres • Existing Plan Designation(s): LDR • Existing Zoning(s): R1 • Existing Land Use(s): Residential • Applicable Comprehensive Plan(s): Metro 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 annexation is consistent with the current Springfield Metro Plan. • Are there development plans associated with this proposed annexation? Yes No _� If yes, describe. • 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). Filbert Lane to the east, and the neighboring property to the west are within city limits. Revised 04/17/2023 slm Page 14 of 16 Exhibit B Page 9 of 18 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 ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District 0 Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD EI Willakenzie RFPD ❑ EPUD 0 SUB 0 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. Robert Kemp Andrew Strout (Name) (Name) 838 W Indianola Street 310 5th Street (Address) (Address) Roseburg Springfield (City) (Zip) (City) (Zip) OR, 97471 OR, 97477 (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Revised 04/17/2023 slm Page 15 of 16 Exhibit B Page 10 of 18 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: 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 .�>q indefinitely or ( ] until Date i natures of Legal Owners Please print or type name Signature Gate Signed Lo LCOG: L:%SC%200880UNG/ANGETRANSMONWPPL1UT10tJFORMSISPR/NG17ELD{10.03-08UPDATEDFORMS%PRE-SUBM1TTALANNEXATIONAPPLIC477ON10-07.OS.DOC Last Savad: May 3.2023 Revised 04/17/2023 sim Page 16 of 16 Exhibit B r Page 11 of 18 -Branch January 30, 2024 E'N�G I N E E R I N G Since 1977 PUBLIC/PRIVATE UTILITY PLAN , CITY OF SPRINGFIELD ANNEXATION Branch Engineering Inc. Project No. 2 3-5 5 3 This annexation proposes to incorporate Lot 1 of Block 2 of the H.F. Franklin Addition Subdivision (TM 18-02-06-14; TL 6200), exact locations of all this land can be found on the map submitted as part of this application. Wastewater Services 1 Sanitary Sewers The annexation area is fronted to the east and north by an 8.0" sanitary sewer main line within the right-of-ways of Filbert Lane and North Street. All the developable area within the annexation area has direct access to these sanitary sewers. Stormwater Services Stormwater facilities front the annexation area to the east in the Filbert Lane right-of- way. All the developable area within the annexation area has direct access to this stormwater service. olid Waste Management "hhe annexation area is within the service area of private waste disposal services. Water Services Springfield Utility Board (SUB) has service connections located within the Filbert Lane and North Street: right.-of-ways, Fire and Emergency Medical Services Currently, the annexation area is within the Willakenzie Rural Fire Protection District, but at the time of annexation this will be withdrawn. Once annexed, the area will be within the Eugene Springfield Fire District. Police Protection Currently, the Lane County Sheriff provides police services to the areas outside the city limits adjacent to the annexation area. After annexation, the City of Springfield police will provide police protection to the annexation area. Citv Wide Parks and Recreation Promms Willamalane Park and Recreation District will provide park, open space, and recreation services to the annexed property at the effective date of annexation. EUGENE-SPRINGFIELD 310 Sth Street, Springfield, OR 97477 1 p: 541.746.0637 1 www.branchengineering.com Exhibit B h Page 12 of 18 Annexation- Public/Private Utility Plan January 30, 2024 E-l"ical Services The Springfield Utility Board (SUB) provides electric services to the area to be annexed. Land Use Controls The annexation area is within the Urban Growth Boundary for Springfield. After annexation the city will administer land use controls. Communication Facilities Wired and wireless communication services are provided to the Springfield portion of the Metropolitan Area and the annexation area can generally receive service from these private providers. Public Schools Springfield School District 19 provides the City of Springfield K-12 educational needs. The existing district's public schools that will serve the annexation area are Mt. Vernon Elementary School, Agnes Stewart Middle School, and Springfield High School. Branch Engineering, Inc. Page 2 of 2 Exhibit B ® Page 13 of 18 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation("City") and Robert D Kemp ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated , for Assessor's Map No. 18-02-06-14, Tax Lot 06200, which is addressed as 904 Filbert Lane and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF-10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (R-1). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development& Public Works Department 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT—Page 1 of 6 Exhibit B Page 14 of 18 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located in both Filbert Lane and North Street with sufficient depth and capacity to support additional dwelling units on this property. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public storm sewer system is located in Filbert Lane with a catch basin at the corner of North Street and Filbert Lane to serve as overflow for stormwater treatment systems on this property. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Filbert Lane and North Street. • Filbert Lane and North Street are classed as local roads • Filbert St. is paved with curb and gutter and sidewalk on this property frontage. • North St. is paved without curb and gutter or sidewalk on this property frontage. • No additional right-of-way dedication will be needed J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now,therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obli=rations of APPLICANT. Consistent with the above Recitals,APPLICANT agrees to perform the obligations set forth in this section. 1.1.1. APPLICANT shall improve North Street to City standards for an alternative street section (depicted in Exhibit B) along the full frontage of this parcel with drainage ditches,planter strips, street trees, and sidewalks including ADA ramps at the corner of North Street and Filbert Lane upon any subdivision or addition of dwelling units beyond a single ADU on this property. 1.1.2. APPLICANT will provide any additional easement or ROW dedication as needed by SUB electric for surface utility pads as needed to move all electrical services underground for the existing and any additional structures on this site upon subdivision or addition of dwelling units on this property. ANNEXATION AGREEMENT—Page 2 of 6 Exhibit B Page 15 of 18 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies,permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. ObliF,-ations of Citv. Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANT's defense of any appeal of a decision to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Running;With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense,upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of a building permit approval, partition or subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield ANNEXATION AGREEMENT—Page 3 of 6 Exhibit B Page 16 of 18 Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program(LDAP)permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1,required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. Cit v of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et sea. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waive any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity,meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. ANNEXATION AGREEMENT—Page 4 of 6 Exhibit B a Page 17 of 18 DATED this day of , 20_. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date Its: STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY AS OF (APPLICANT) NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT—Page 5 of 6 Exhibit B Page 18 of 18 CITY OF SPRINGFIELD By: Nancy Newton, City Manager STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT—Page 6 of 6 Exhibit C Page 1 of 7 SPRINGFIELD TYPE 4 -ANNEXATION STAFF REPORT AND FINDINGS OF FACT oF�oN File Name: Kemp Annexation Applicant: Robert Kemp Case Number: 811-24- 000077-TYP4 Proposal Location: 904 Filbert Lane; Map 18-02-06- 14,TL 06200) •Z� . Current Zoning & , Comprehensive Plan Designation: R-1, Residential District, Designated LDR,Low Density Residential with the ++ Urbanizable Fringe Overlayp (UF-10) + Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Comprehensive Plan Application Submittal „ Date: March 14,2024 N Associated Applications: 8 1 1-23-000260-PRE(Development Issues Meeting); 811-24-000042-PRE(Completeness Check) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE: POSITION REVIEW OF NAME PHONE Project Manager Planning Tom Sievers 541-726-2333 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-726-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Page 1 of 7 Exhibit C Page 2 of 7 Review Process (Springfield Development Code (SDC) 5.7.115): The subject annexation request is being reviewed under Type 4 procedures,without Planning Commission consideration. Development Issues Meeting (SDC 5.7.120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications,unless waived by the Director. Finding 1: A Development Issues Meeting for the subject annexation request was held on December 14,2023(Case 811-23-000260-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 more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land." Finding 2: The property owners who own all the land and real property, and full assessed value of real property in the contiguous territory, have filed an application and petition requesting annexation to the City of Springfield (Attachment 2,Exhibit B). Finding 3: In addition to the petition,the submitted application includes the required documents listed under SDC 5.7.125(B). This includes a Verification of Property Owners signed by the Lane County Department of Assessment and Taxation, the Ownership Worksheet, and a Waiver Form in accordance with ORS 222.173 (all within Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7.125 have been met. Site Information: The subject property, 904 Filbert Lane,is improved with a single unit dwelling with site access from Filbert Lane. The corner property is located at the southwest corner of the North Street and Filbert Lane intersection. The subject site is inside the Springfield Urban Growth Boundary(UGB)and is contiguous to the Springfield city limits along its eastern,western, and northern boundary. Zoning for the property is Residential(R-1)district with an Urbanizable Fringe Overlay(UF-10)applied according to the City's Zoning Map. Based on the applicants' submittal,the primary purpose of the annexation request is to facilitate connection to urban services for future partition. A public sanitary sewer line stub is already available at the site's north and east boundaries and would be extended to serve the existing residence. An Annexation Agreement is not required for this application and is further detailed in the approval criteria. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District), roads (City of Springfield and Lane County), and ambulance services (Eugene/Springfield Fire)'. The applicants currently receive water service and fire protection from the Springfield Utility Board (SUB) and the Willakenzie-Springfield Rural Fire Protection District (RFPD). SUB operates the existing electric and water utility infrastructure along the North Street and Filbert Lane frontages. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer, water(retained through SUB), electricity(retained through SUB),and police/fire response(through Springfield Police and Eugene/Springfield Fire, respectively)to the subject area. The approximately 14,200 square foot proposed annexation area consists only of the addressed property. 'The subject property currently receives emergency services from Eugene/Springfield Fire through long-standing contractual agreements. The standards of coverage can be found here: https://www.eugeneor.gov/DocumentCenter/View/56636/Standards-of-Response-Coverage FY-2020?bidld= Page 2 of 7 Exhibit C Page 3 of 7 ■ `� 2541E N 2340 i ti5 Y 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 23,2024,which was at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected special districts(Eugene/Springfield Fire) and all other public utility providers (Springfield Utility Board, CenturyLink Telecommunications); and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. The 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 811-24-000077-TYP4. Newspaper Notice. Notice of the June 3, 2 02 4, public hearing was published in The Chronicle on May 30'and June 6',2024. Posted Notice. A total of five (5) notices were posted for the June 3"public hearing. Notice was posted on the City of Springfield website, the Department of Public Works' Digital Display in City Hall, and in the City Hall lobby on May 24t1i. Two (2) notices were also posted on-site along the subject property street frontages,with one along North Street,and one along Filbert Lane on May 24t1i. Finding 4: Upon annexation of the subject territory to the City, the underlying Residential (R-1) district will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on May 13,2024,meeting the 35-day advance notice as required. Page 3 of 7 Exhibit C Page 4 of 7 Finding 5: Staff did not receive written comments from the public. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in 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 6: The subject annexation territory is located within the City of Springfield's acknowledged urban growth boundary(UGB). The property requested for annexation abuts the Springfield city limits along its eastern,western, and northern boundaries. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with Criterion A(I), 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 7: The annexation area is located within the acknowledged Springfield UGB and as more specifically delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding 8: The Springfield 2030 Comprehensive Plan amends the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) through adoption of ordinances since 2011. Volume I of the Springfield 2030 Comprehensive Plan includes the following elements: Economic,Residential Land Use&Housing,Recreation,Transportation,and Urbanization. In December 2016, Springfield adopted the Urbanization Element in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. Finding 9: The territory requested for annexation is within an area that is zoned R-I Residential District and is designated for Low Density Residential(R-1)use. The adopted elements of the Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property, although the Urbanizable Fringe (UF-10)overlay will be effectively removed upon annexation. Finding 10: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Comprehensive Plan Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Comprehensive Plan Urbanization Element recognize that as annexations to the City occur, the special district service areas within the UGB will diminish incrementally and eventually will be dissolved. Finding 11: The territory requested for annexation is currently within the service area of the Springfield Utility Board (SUB) and receives fire protection service from the Willakenzie-Springfield RFPD via Eugene/Springfield Fire. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will Page 4 of 7 Exhibit C Page 5 of 7 remain in the combined fire and life safety departments of the Cities of Eugene& Springfield for fire protection and emergency medical service directly to the annexation area. Finding 12: In accordance with Policy 33 of the Springfield 2030 Comprehensive Plan Urbanization Element, SUB is the exclusive water service provider within the Springfield City Limits. SUB will continue to be the service provider upon annexation. Finding 13: In accordance with Policy 34 of the Springfield 2030 Comprehensive Plan Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service,that service shall be provided by one of the following methods in this priority order: (a) Annexation to City; or (b) Contractual annexation agreements with City. If this annexation request is approved,the subject property will be provided with new urban services such as public sanitary sewer. Finding 14: In accordance with Policy 35 of the Springfield 2030 Comprehensive Plan Urbanization Element,the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition,a consent to annex agreement,or when a health hazard abatement annexation is required. The property owners applied for annexation to the City (Attachment 2, Exhibit B) in order to receive urban services for a future partition. Conclusion: The proposal meets and complies with Criterion B, SDC 5.7.140. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding 15: In accordance with Policy 29 of the Springfield 2030 Comprehensive Plan Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding 16: In accordance with Policy 31 of the Springfield 2030 Comprehensive Plan Urbanization Element,key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis. Finding 17: In accordance with Policy 32 of the Springfield 2030 Comprehensive Plan Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer, water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding 18: The territory requested for annexation is contiguous with the City Limits along its eastern,western, and northern boundaries. Urban utilities including sanitary sewer,electricity,and water service,have been extended within the North Street and Filbert Lane ROWS and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore,the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property and future development. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water—As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation,the applicants will continue using the existing water connections or extend public water lines necessary to serve the subject property. SUB states that there is enough capacity for the existing water connection to serve the current residential use (SUB Water Representative:Keoki Lapina, KeokiLksubutil.com). Electricity — SUB provides electric service to the neighborhoods in Springfield within incorporated areas of Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical system infrastructure within the Filbert Lane public ROW will continue to provide service to the subject property Page 5 of 7 Exhibit C Page 6 of 7 and continue to be maintained by SUB. SUB stated that they will have to upgrade the transformer located at 4096 North Street to meet capacity. SUB noted that they have been in contact with the property owner, and they understand that the electric services will be placed underground to serve the property and that SUB requires a 7-foot public utility easement along the entire eastern property line. Police Services— Springfield Police Department currently provides service to areas of Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriffs Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services—Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department via the Willakenzie-Springfield RFPD. Upon annexation,the Eugene/Springfield Fire Department will provide fire and emergency services directly to the subject territory. The Springfield Fire Marshal's Office stated that the subject site is within the 5-minute time of travel for Fire Station 14 located at 4765 Main Street in Springfield. Access and water supply are pre-existing and sufficient. Emergency medical transport(ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other's jurisdictions. Parks and Recreation—Park and recreation services are provided by the Willamalane Park& Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center,Bob Keefer Center for Sports and Recreation,and Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks, including community parks, sports parks, special use parks, and natural area parks. Concurrent with annexation to the City of Springfield,the subject property will be annexed to the Willamalane Park & Recreation District consistent with City policy, an intergovernmental agreement between the City of Springfield and Lane County,and the adopted Willamalane Comprehensive Plan. Library Services —Upon annexation to the City of Springfield, the subject area's residents will be served by the Springfield Public Library. Schools — The Springfield School District serves this area of Springfield. The Springfield School District has capacity to continue serving the annexation area and its residents in its current configuration. Sanitary Sewer — An existing public sanitary sewer system is located in both Filbert Lane and North Street with sufficient depth and capacity to support the existing dwelling and any additional dwelling units on this property. Stormwater —An existing public storm sewer system is located in Filbert Lane with a catch basin at the corner of North Street and Filbert Lane to serve as overflow for stormwater treatment systems on this property. Streets—The Property has legal and physical access to Filbert Street. Filbert Lane and North Street are classified as local roads. Filbert Lane is paved with curb and gutter, and sidewalk along the property frontage. North Street is also paved but is without curb and gutter, and sidewalks along the property frontage. No additional right-of-way dedication will be needed. Solid Waste Management—The City and Sampac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation,solid waste disposal service would be provided by Sampac. Page 6 of 7 Exhibit C Page 7 of 7 Communication Facilities—Various providers,such as CenturyLink, offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls — The annexation area is within Springfield's urban growth boundary (UGB). Through an intergovernmental agreement between Lane County and the City of Springfield,the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding 19: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Springfield 2030 Comprehensive Plan Urbanization Element are immediately available and have the capacity to serve the site. Conclusion: Based on the Findings above, the proposed annexation, if approved, will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly, efficient, and timely manner because of their availability and capacity levels meet the City's requirements. The proposal complies with Criterion C, SDC 5.7.140. D. Where applicable,fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding 20: An Annexation Agreement that outlines the applicants' financial responsibility for provision of public streets and utilities necessary to serve the property is required when there are fiscal impacts associated with the annexation. This application does not have any required public improvements associated with the annexation. Therefore, an annexation agreement is not required for this application. Conclusion: The proposal meets and complies with Criterion D, SDC 5.7.140. Withdrawal from Special Service Districts (SDC 5.7.160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in SDC 5.7.150. Finding 21: The annexation area is within the delineated service territory of SUB (electric and water) and Willakenzie Rural Fire Protection District(contracted fire response). The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will provide water service after annexation. Consistent with SDC 5.7.160,notice was provided for the public hearing on May 23,2024,and May 24,2024. Withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan — Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts within the City's UGB are to be dissolved over time. CONCLUSION: The proposal complies with the annexation criteria of approval listed in SDC 5.7.140 and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District. Page 7 of 7