HomeMy WebLinkAboutOrdinance 6226 07/07/2008
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ORDINANCE NO 6226
AN ORDINANCE MODIFYING AND APPROVING THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE
DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE
SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND
DECLARING AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, a request to annex certain territory was submitted on April 1 0, 2008, said territory being
described as follows:
Township 18 South, Range 02 West, Section 04, Map 14, Tax lot 200 (also identified as 855 South 57th
Street, Springfield), and a 5-foot wide portion of South 57th Street, as generally depicted and more
particularly described in and on file in City Case Number C SP 2008 - LRP2007 -00022; and
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7 and
ORS Chapter 222 to accept, process, and act on annexations to the City; and
WHEREAS, consistent with SDC 5.7-125 and ORS 222.170(1), the written consents from the property
owners constituted more than half of the owners of land in the territory to be annexed, who also own more than
half of the land in the contiguous territory and of the real property therein representing more than half of the
assessed value of all real property in the contiguous territory (Exhibit B); and
WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125 and ORS 222.170(1)
and based on this method of initiation, an election on the question of annexation is not allowed; and,
WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitan Area
General Plan (more commonly known as the Metro Plan) urban growth boundary and is contiguous to the City
limits [SDC 5.7-140.A]; and,
WHEREAS, the annexation is consistent with Policy 10, page II-C-4; Policy 16, page II-C-5; and
Policy 21, page II-C-6, in the Metro Plan [SDC 5.7-140.B] requiring annexation to the City of Springfield as the
highest priority for receiving urban services; and
WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly and
efficient manner as required in Metro Plan Policy 8, page II-C-4, and where there will be a logical area and time
within which to deliver urban services and facilities [SDC 5.7-140.C]; and,
WHEREAS, provision of City urban services has been arranged through an Annexation Agreement
(Exhibit C) between City staff and the property owners, as described in and on file in City Case Number
LRP2007-00022 [SDC 5.7-140.D], that memorializes the owner's commitment, agreement, and obligation to meet
the City's requirements for the provision of the minimum level of key urban services and facilities; and,
WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director's
recommendation to approve the annexation area; and,
WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to
concurrently annex the modified annexation area to the Lane County Metropolitan Wastewater Service District and
Willamalane Park and Recreation District, as these special districts were service providers for the City [SDC 5.7-
140.B]; and is consistent with the intergovernmental agreement between Lane County and Springfield regarding
boundary changes dated May 21, 2008; and,
1
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WHEREAS, a Sta:ffReport was presented to the City Council with the Director's recommendation to
concurrently withdraw the modified annexation area from the Willakenzie Rural Fire Protection District, as the
City would provide fire services directly to the area after it was annexed to the City [SDC 5.7-140.B]; and,
WHEREAS, on July 7,2008, the Springfield Common Council conducted a public hearing and is now
ready to take action on this application based on the recommendation and fmdings in support of modifYing and
approving the annexation requests, and Willakenzie Rural Fire Protection District's withdrawal 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; and,
WHEREAS, the Springfield Common Council has determined that the applicant's annexation request has
been pending since July, 2007, and there is a need to take action to ensure no further delay is incurred; and,
WHEREAS, without an Emergency Clause the effective date of annexation is delayed until the day
following the next election cycle, which is November 5, 2008.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: The Common Council of the City of Springfield does hereby modify the proposed
annexation to include an additional 25-foot wide segment of South 57th Street adjacent to the annexation area, as
submitted, being: Township 18 South, Range 02 West, Section 04, Map 14, Tax Lot 200 (also identified as 855
South 57th Street, Springfield).
SECTION 2: The Cortunon Council of the City of Springfield does hereby approve annexation of the
territory as modified to the City of Springfield, Lane County Metropolitan Wastewater Service District and
Willamalane Park and Recreation District, said territory being described as follows:
Township 18 South, Range 02 West, Section 04, Map 14, Tax Lot 200 (also identified as 855 South 57th
Street, Springfield) and the east 30 feet of South 57th Street, as generally depicted and more particularly
described in Exhibit A of this Ordinance.
SECTION 3: The City Manager has signed the fmal Annexation Agreement which memorializes the owner's
commitment, agreement, and obligation to meet the City's requirements for provision of the minimum level of key
urban services and facilities.
SECTION 4: The City Manager shall send copies of this Ordinance as required by SDC 5.7-155.
SECTION 5: It is hereby found and determined that matters relating to the provision of City services
are matters affecting the public health, safety, and welfare and that an emergency therefore exists and this
Ordinance shall take effect immediately upon adoption by the Council and approval of the Mayor.
ADOPTED by the Common Council of the City of Springfield this ~ day of July, 2008, by a vote of
4 for and 0 against. (2 absent)
APPROVED by the Mayor of the City of Springfield this
day of July, 2008.
ATTEST:
Cjty~r~~
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AS TO. F9RJ\L.
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DATE: 7"Jii./'I'
OFFICE OF CITY ATTORNEY
Ordinance No. 6226
EXHIBIT A
Part 1 of 2
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25-foot wide strip of South 57th Street
right-of-way included in modified
annexation area
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EXHIBIT A - P2
EXHIBIT A
Part 2 of 2
LEGAL DESCRIPTION
BAP on the W Ii of the S. D. Gager DLC No. 61 S04 T18S R02W WM 775AO ft N of the SW cor ofsd
claim; th E 25.00 ft to the E Ii of Co Rd No. 452 (aka South 57th Street); th contg E 424AO ft; th N 257.67
ft; th N89058'30"W 225.00 ft; th S 150.75 ft; th W 194AO ft to the E r/w sd Co Rd; th contg W 30.00 ft
mil to the c/li sd Co Rd; th S alg sd c/li 96.92 ft mil to apt W of the POB; th E 5.00 ft mil to the POB, all
in Lane County, Oregon.
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EXHIBIT B.
EXHIBIT B - P1
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Annexation Application Type IV
Required Project Information (Applicant: Complete This Section)
Property Owner:
Company:
Address:
Phone:
Fax:
7 ~-o/9Y
s~
Applica.nt Name:
Company:
Address:
Applicant; Signature:
17LJ7
Phone: s.~
Fax:
ASSESSOR'S MAP NO: i ~ - 0 2 -0 V -} if
Property Address: g-"'S S. 57~ Sf.
Area of Re uest S uare Feet: I Ljlf i"7'
Existing Use(s)
of Property: ),'" It 4n;1
Acres: . 1.71
S .'de.,.,a
Proposed Use
of Prop.erty: '1 /0+ $,'1"\
Dat~ r<~ceived:
Planner. AL
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Application #: C SP 2008 -
For City Use Only
~
FORM 1
PETITION/PETITION SIGNATURE SHEET
Annexation by Individuals
We, the following property owners/electors, consent to the annexation of the following territory to the City of Springfield:
1. ,
Signature
Date
Signed
m/d/y
Print Name
Residence Address
(street, city, zip code)
Map and Tax Lot Number
(example: 17-04-03-00-00100)
./
Land
Owner
./
Reg
Voter
Acres
(qty)
I 'f-O"J. -(J if - -00700
v
v It?!
2.
3.
4.
5.
-
. Note: With the above slgnature(s), I am attesting that I have the authority to consent to annexation on my own behalf or on behalf of my firm or agency. (Attach evidence of such
authorization when applicable.)
I,
(printed name of circulat()r), hereby certify that every person who signed this sheet did so In my presence.
(signature of circulator)
x
CERTIFICATION OF OWNERSHIP
The total landowners in the proposed annexation are k (qty). This
petition reflects that ~ (qty) landowners (or legal representatives) listed
on this petition represent a total of lOO (%) of the landowners and IOf; (%)
of the acres as determined by the map and tax lots attached to the petition.
A& T is not responsible for subsequent deed activity that may not yet be
reflected on the A& T computerized tax roll.
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Lane County Department of Assessment and Taxation
tf - 9-08
Date Signed and Certified
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CERTIFICATION OF ELECTORS
The total active registered voters in the proposed annexation are
I hereby certify that this petition Includes valid signatures
representing (%) of the total active registered voters that are
registered in the proposed annexation.
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Lane County Clerk or Deputy
Date Signed and Certified
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Date Received: LlIJa/ ,-ot1 f N.
01.... ftfto!!>ro A I I I
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EXHIBIT B - P3
FORM 2
OWNERS AND ELECTORS WORKSHEET
(This form is NOT the petition)
(Please include the name and address of ALL owners and electors regardless of
whether they signed an annexation petition or not. This information will assist in
determining the appropriate initiating method and for notification purposes.)
OWNERS
Property Designation Assessed Imp. Signed Signed
(Map/lot number) Name of Owner Acres Value Y/N Yes No
It-in.. "'t/l./-/L/-O n..tJo ft.o n G.+IcM:'..An. '.7( IBt ,01 ~ Y x
1/ ,o../M..... 6A-ldL~ )(
.
:
,
.
TOTALS :
Date Aeceived: #/J" /''(11) I'
I /
Planner: AL
I' .,
EXHIBIT B - P4
FORM 2
(continued)
ELECTORS
Name of Elector Signed Signed
(Please print or type) Address of Elector Yes No
A / I d
IV / II)
I
.
.
)
..
.
.
:
TOTALS :
2/1 5/08
Date Received: ~j,D /;00 I Page 7 of 1
Planner: AL I I.
t1 I'
FORM 2
(continued)
SUMMARY
TOTAL NUMBER OF ELECTORS IN THE PROPOSAL
NUMBER OF ELECTORS WHO SIGNED
PERCENTAGE OF ELECTORS WHO SIGNED
TOTAL ACREAGE IN PROPOSAL
ACREAGE SIGNED FOR
PERCENTAGE OF ACREAGE SIGNED FOR
EXHIBIT B - P5
Application initiated by (for an explanation of the initiating methods, refer to
pages 2 and 3 of this packet):
o A - All. Owners/Majority Electors [ORS 222.125]
~B - MajoritY Owners/Area/Value [ORS 222.170(1)]
o C - Majority Electors/Area [ORS 222.170(2)]
4/9/08
Date Received: LftDhtJoS Page 8 of 1~
Planner: . AL / I .
IT . I'
EXHIBIT B - P6
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: yO(\ GA-/~
E-mail: R.K:.6it-1~ I Lf-e m:>n . COIY\
Supply the following information regarding the annexation area.
. Estimated Population (at present): 2
· Number of Existing Residential Units: /. .
. Other Uses:
. Land Area: },11
. total acres
. Existing Plan Designation(s): LD iZ-
· Existing Zoning(s): LO i'Z..
· Existing Land Use(s): LD ~ - s I'^cr ~ ~ .') j (Le..5 j'Ja..", U' F
. Applicable Comprehensive Plan(s): IrVL ~ ,{) ~
. Applicable Refinement Plan(s): /V / /f- V
(
· Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans.
{) ~' ;;"~ 5 1M cL P lw, "",d cL-r. 5 ,'hy f.M~;'5l.-d WI"I-t. J?\P k<J
· Are/there development plans associated with this proposed annexation?
Yes X No
~ I''f-(
· Is the proposed use or development allowed on the property under the current
plan designation and zoni.ng?
Yes X' No
.
2/15/08
i,.;~~~1 .~~dceived:
Planner: AL
'I ~4 /'60 (
I I
P"ge 9 of 1.
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EXHIBIT B - P7
,
. Does this application include all contiguous property under the same ownership?
. Yes X No
If no, state the reasons why all property is not included:
. Check the special districts and others that provide service to the annexation
area:
o Glenwood Water District
o Eugene School District
)If Springfield School District
o Pleasant Hill RFPD
o EPUD
o Rainbow Water and Fire District
o Pleasant Hill School District
)f McKen"zie Fire & Rescue
o Willakenzie RFPD
~SUB
o 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.
(NameJNfA (Name)
(Address)
(Address)
(City)
(Zip)
(City)
(Zip)
(Name)
(Name)
(Address)
(Address)
(City)
(Zip)
(City)
(Zip)
2/15/08
Date Received: J/!to/J.O()8
Planner: AL f I
Page 10 of
;1
EXHIBIT B - P8
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:
8'55 S,.r)7~ Sit
I 'is .01 ,t} 'I-IV - OOl,tJV
Map and Tax Lot Number
assigned)
Street Address of Property (if address has been
ONE WAIVER OF TIME liMIT FOR EACH PARCEL, PLEASE
We, the owner(s) of the property described above understand the
annexation process can take more than one year but desire to annex to have
City services. Therefore, we agree to waive the one-year time limitation on
this petition to annex established by Oregon Revisr1 Statutes 222.173, and
further agree that this contract shall be effective'yO indefinitely or [ ] until
Date
{2o" 6. A-I ctJ.1>Jt-n
2/15/08
Date Si ned
'1-<1-08'
Date Received: tf/O/;'lId(
Planner: AL t I
Page 11 of 1
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EXHIBIT C -P1
ANNEXATION AGREEMENT
. This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Ronald D. Galceran and Karen L. Galceran,
("APPLICANT").
. RECITALS
A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property, and
shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional
limits of the City and is subject to annexation by the Lane County Local Government
Boundary Commission, or its successor, ("Boundary Commission") following minor
boundary change processes.
B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2007-
00022, dated June 28,2007, for Assessor's Map No. 18-02-04-14, Lot 200 ("Property").
.
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation before the Boundary Commission or its successor. The Springfield Common
Council has adopted ~J6ltlti6n No. t,2.Z(.o supporting the annexation.
D'1i l MV\..(!.L . .
D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plari
. and is zoned Low Density Residential (LDR) with an Urban Fringe{UF -10) overlay
according to the Sppngfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be
provided with the minimum level of key urban facilities and services as defmed in the Metro .
Plan Policy 8a and 8b, p.n -C-4, 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 with the excep~ion of public
sanitary sewer service, public stormwater management service, and street connectivity to
adjoining property that fully meet City Standards. The purpose of this Agreement is to
memorialize APPLICANT's and City's commitment and. agreement to the allocation of
fmancial 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, interconnected
transportation systems, and Fire and Life Safety services necessary for an affirmative City
recommendation for the annexation request.
Af.t~r Recording, Return to:
Place Bar Code Sticker Here:
.
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
ANNEXATION AGREEMENT - Page 1 of 13
Revision Date 1/16/08
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Galceran Annexation Agreement.doc
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EXHIBIT C - P2
. F. 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 eight inch (8") public sanitary sewer system is located within South 57th
Street which has the available capacity to serve the existing house which lies on the
western portion of the Property. If the connection from this house to the existing
eight inch (8") public sanitary sewer in South 57th Street cannot be made by means
of a private gravity sewer lateral, the Applicant will be allowed the option of
extending a private gravity sewer lateral from the house to the east and to a
connection to the proposed public gravity sewer system in the proposed right-of-way
of South 57th Place described in the following paragraph.
. Another existing eight inch (8") public sewer line is located within South 58th Street
which has the available capacity to serve the eastern portion of the Property, via the
extension of this existing eight inch (8") sanitary sewer in South 58th street in
conjunction with the construction of Jon's Landing subdivision to the north of the
Property, and-the extension of a new eight inch (8") public sanitary sewer in the
proposed right-of-way of South 57th Place within the boundaries of the Property.
The City's preference is to provide sanitary sewer service to all lots in the eastern
portion of the Property by means of the new eight inch (8") public main which will
be located in South 57th Place. If this is not possible, a private easement and sewer
line to serve only the lot identified as Lot 3 may be allowed. The APPLICANT will
be required to provide engineering details which will be reviewed during the Public
Improvement Plan process. Another option may be to provide said Lot 3. with a
private sanitary sewer pump to connect to the new sewer main.
· The future Jasper Road sanitary sewer will eliminate a lift station that will serve the
eastern portion of the Property. The applicant will be required to pay a proportionate
share of the cost of the sewer system, based upon acreage. The Property is 1.74
acres of the total of approximately 1000 acres, which will be served by the Jasper
Road sanitary sewer. The long-term plan for providing sanitary sewer service to the
Property is via a new sanitary trunk sewer that will be extended in Jasper Road from
South 42nd Street, as follows:
· When this trunk sewer is constructed, the existing lift station located on Mt.
Vernon Road will be decommissioned. The flows from the pump station will
be diverted to this new trunk sewer.
· The new tiunk: sewer will be partially funded by the City, with the remainder
of the funds to come from several owners of parcels of land that will be
served by this new trunk sewer. The design for the new trunk sewer is
anticipated to commence in 2008, with the construction to occur once the
remaining funding is secured from the benefited properties, and the
APPLICANT is one of the benefited property owners.
· A new sanitary sewer main will need to be constructed from the new trunk
sewer across lands not owned by the APPLICANT to the Property to provide
the long-term planned sanitary sewer service to the Property.
ANNEXATION AGREEMENT - Page 2 of 13
Revision Date 1/16/08
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EXHIBIT C - P3
· Prior to the construction of sanitary sewer system installations under this
agreement, all necessary easements and/or necessary rights-of-way shall be
granted.
G. 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 fmding that this key urban service is available to serve the Property.
. An existing public stormwater management system is located within South 57th
Street and is 12 inches in diameter. Thereis available capacity within the 12-inch
storm sewer to serve the western portion of the Property.
. The. eastern portion of the Property will drain towards South 58th Street. The
existing public storm sewer which lies in South 58th Street has been shown as a
. twelve inch (12") diameter pipe on plans prepared in relation to the development of
the adjoining property to the north. City records show a portion of this system to be
ten inches (10") in diameter. The APPLICANT will be required to verify the size of
the existing storm sewer, and to assure the capacity of the existing storm sewer and
the gutter capacity of South 58th Street to ~erify the size and length of any required
extension of the existing storm sewer system.
. Treatment of stormwater runoff will occur on site via an engineered mechanical filter
system or bioswale.
. There is currently no public stormwater management system downstream of the
Property. The City's long-term plan for providing the necessary stormwater
management facilities to the Property can be described as follows:
. The City's existing stormwater master plan for this area, the Storm Drainage
Study for East Springfield (June 1979) identifies future stormwater .
management systems to serve the Property and surrounding lands, but it does
not address the facilities necessary to ensure the adequate provision of public
drainage services all the way to the Middle Fork of the Willamette River. The
plan is in need of updating to meet current City standards for stormwater
management.
. The Metro area's Public Facilities and Services Plan (December, 2001) also
identifies that future stormwater drainage systems are needed to serve the
Property and other lands in the vicinity.
. The City has commenced preparation of a new Stormwater Facilities Master
Plan to identify specific stormwater management and service needs for the
entire City. This new planning will result in an updated recommendation for
facilities which are needed to adequately serve the Property and other
surrounding lands.
. . H. 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.
. South 57th Street fronts the site on the west, and the site partially adjoins South 58th
Street on the northeast. Both of these streets are fully improved with curb, gutter,
and sidewalk.
ANNEXATION AGREEMENT - Page 3 of 13
Revision Date 1/16/08
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Galceran Annexation Agreement.doc
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EXHIBIT C - P4
. The APPLICANT proposes to dedicate sufficient Right-of-way to extend South 58th
Street from the northeast comer of the Property and to the west approximately 225
feet along the frontage of the Property and adjacent to Jon's Landing subdivision,
which is currently being developed. The Applicant will construct a portion of South
58th Street in conjunction with the development of Jon's Landing subdivision to
provide for an urban standard street complete with curb, gutter, pavement, sidewalk,
street lights, and street trees.
. The APPLICANT proposes to provide public access to all proposed lots within the
subdivision via the dedication of public Right-of-way and the construction of urban
standard streets, complete with curb, gutter, pavement, sidewalk, street lights, and
street trees. The alignment of this Right-of-way will be required to coincide with the
existing Right-of-way of South 57th Place, which lies approximately 300 feet south
of the South line of the Property.
I. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City a.rld meet the City's conditions for an
affinnative recommendation for annexation to the Boundary Commission, or its successor,
and in exchange for the obligations of the City set forth below, APPLICANT shall comply
with all requirements imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance.. .
of Subdivision Plat and Public Improvement Plan approvals, APPLICANT agrees to perform the .
obligations set forth in this section,
1.1 Apply for, and obtain, Subdivision Tentative Plan approval from the City, pursuant
to Springfield Development Code Article 35, for a residential subdivision on the
Property within six (6) months of the effective date of the Boundary Commission's,
or its successor's, approval of APPLICANT's annexation r.equest. This paragraph is
subject to the requirements of Paragraph 8, below. .
1.2 Apply for, and obtain, Subdivision Plat approval from the City, pursuant to .
Springfield Development Code Article 35 for a residential subdivision on the
Property within two (2) years, unless extended by the City, of the date of the Limited
Land Use Decision issued by the City for Subdivision Tentative Plan approval issued
pursuant to Paragraph 1.1, above. This paragraph is subject to the requirements of
Paragraph 8, below.
1.2.1 APPLICANT agrees and understands that the existing home, which is
proposed to remain on the Property, must be connected to a public sanitary
sewer system as part of the development of the Property, or within two years
of the effective date of this annexation request, whichever occurs first. In
ANNEXATION AGREEMENT - Page 4 of 13
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Galceran Annexation Agreementdoc
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EXHIBIT C - P5
addition, the existinKseptic system and drain field must be removed and/or
abandoned in accordance with City and Lane County standards and
regulations.
1.2.2 APPLICANT is required to participate, in the manner described herein, in the
construction of the Jasper Road Trunk Sewer.
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off-site public
sanitary sewer conveyance systems to provide sanitary sewer service to the
development as follows:
1.3.1 APPLICANT shall construct sanitary sewer systems to connect the existing
house which lies on the western portion of the Property to the existing eight
inch (8") sanitary sewer which lies within South 57th Street. If the connection
from this house to the existing eight inch (8") public sanitary sewer in South
57th Street cannot be made by means of a private gravity sewer lateral, the
Applicant will be allowed the option of extending a private gravity sewer
lateral from the house to the east and to a connection to the proEosed public
gravity sewer system in the proposed right-of-way of South 57 Place.
APPLICANT shall also construct sanitary sewer systems to COnnect the
eastern portion of the Property to the existing eight inch (8") sanitary sewer
which lies within South 58th Street, or the extension of said existing eight
inch (8") sanitary sewer which will be constructed as a part of an approved
Public Improvement Project (pIP) for the Jon's Landingsubdivisioll which is
currently under construction.
1.3.2 APPLICANT shall prepare the, studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to construct the sanitary sewer systems described in
Paragraph 1.3.1, above.
1.3.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed sanitary sewer systems that connect to the existing public
systems, including but not limited to aSsociated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.3.4 Prior to or concurrent with the Subdivision Plat or Public Improvement Plan
approval by the City, whichever 'comes first, for any portion of the Property,
APPLICANT will provide a payment in full to the City equivalent to six
thousand dollars ($6,000.00) in December 2007 dollars. The actual payment
amount shall be determined by increasing the stated payment amount by the
percentage increase in the ENR 20-City Construction Cost Index. The base
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EXHIBIT C - P6
index to be used for this calculation shall be 8089.45 which is the published
index rate for December 2007. The City and the APPLICANT hereby agree
that such payment amount, in addition to the anticipated local Sanitary Sewer
Improvement SDC fees to be paid based upon the average residential
development density for the Property, is a fair share cost for the Jasper Road
Trunk Sewer.
1.3.5 The APPLICANT agrees and understands that the City may initiate a Local
Improvement District (LID) to construct one or more off-site sanitary sewer
mains from the Jasper Road Trunk Sewer to the Property. In the event that
the City does initiate said LID, the APPLICANT hereby consents to the
formation of such LID and agrees to abide by the terms of Paragraph 6,
below. The APPLICANT further agrees and understands that the
construction of the Jasper Road Trunk Sewer does not include the
construction of said off-site sewer mains and that nothing in this Agreement
obligates the City to construct said off-site sewer mains at any given time.
The City anticipates that said off-site sewer mains will be constructed
concurrent with the development of the lands lying between the Property and
Jasper Road.
1.3.6 Prior to or concurrent with Subdivision Plat or Public Improvement Plan
approval by the City, whichever comes fIrst, for any portion of the Property,
APPLICANT will provide fmancial security acceptable to the City for all
costs associated with the sanitary sewer system construction described in
Paragraph 1.3.1., above. APPLICANT is directed to Paragraph 12 of this
Agreement concerning current requirements in relation to regulations of the
Bureau of Labor and Industries(SOLI) and the payment of prevailing rate of
wage. The cost of all construction to be completed which the City interprets
as being occupied or used by a public agency shall be estimated based upon
the prevailing rate of wage, and fmancial security shall be adequate to
provide for the payment of said prevailing rate of wage.
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-built
Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for
any new structure on the Property, develop on-site and off-site public stormwater '
management systems to provide drainage service to the development as follows:
1.4.1 APPLICANT shall construct public stormwater management systems to
collect, treat, convey, detain as deemed necessary, and discharge stormwater
from the Property and the upstream tributary areas via an on-site engineered
bioswale or mechanical fIlter system and public drainage easement, and into
the public stormwater lines.
1.4.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
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EXHIBIT C - P7
approvals necessary to construct the stormwater management system
described in Paragraph 1.4.1, above.
1.4.3 Grant to the City the easements necessary to access, operate, and maintain a
public stormwater management system on the Property. Easements for piped
portions of the system will be a minimum of fourteen feet (14') wide and
may be wider depending upon the size and depth of the pipes within the
easement. Easement widths for open channel portions of the system shall be
determined based upon the design width of the channel plus ten feet (10') on
one side and twenty-five feet (25') on the other side to accommodate access
and maintenance by City personnel and equipment. Actual easement widths
and locations will be determined during the Subdivision Tentative Plan
reVIew.
1.4.4 APPLICANT shall bear the full cost and obligation to design and construct
the proposed stormwater management systems that connect to the existing
public systems, including but not limited to associated easements,
engineering costs, permit applications and fees, legal costs, construction and
inspection costs, and the preparation of As-built Plans.
1.4.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for alL costs associated with the above stormwater management system
construction. APPLICANT is directed to Paragraph 12 of this Agreement
concerning current requirements in relation to regulations of the Bureau of
Labor and Industries (BOLl) and the payment of prevailing rate of wage.
The cost of all construction to be completed which the City interprets as
being occupied or used by a public agency shall be estimated based upon the
prevailing rate of wage, and fmancial security shall be adequate to provide
for the payment of said prevailing rate of wage.
1.4.6 The APPLICANT agrees to pay a portion of the construction costs of future
downstream stormwater facilities, as described in Paragraph G of the Recitals
of this Agreement, due to the fact that no stormwater facilities currently exist
in the region. It is anticipated that obligations for a financial contribution to
downstream drainage improvements would be based upon total acreage
served and total runoff contributed by the development.
1.4 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-built
Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for
any new structure on the Property, develop on-site and off-site public street systems to
provide interconnected transportation service to the development as follows:
ANNEXATION AGREEMENT.- Page 7 of 13
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EXHIBIT C - P8
1.5.1 APPLICANT shall bear the full cost and obligation to develop and con~truct
fully-improved on-site and off-site public street systems to provide for the
logical and orderly extension of the following public streets:
1.5.1.1 Dedication of Right-of-way and construction to facilitate the
connection to and extension of 58th Street from the northeast comer
of the Property and 'Yesterly approximately 225 feet, as described in
Paragraph H of the Recitals of this Agreement. This construction
shall be designed and performed in conjunction with the
construction of 58th Street which is associated with the Jon's
Landing development.
1.5.1.2 Dedication of Right-of-way and construction to provide public
access to all proposed lots within the Property, as described in
Paragraph H of the Recitals of this Agreement.
1.5.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to construct the transportation systems described in
Paragraph 1.5.1, above.
1.5.3 APPLICANT shall bear the full cost and obligation to design and construct.
the proposed transportation systems, including but not limited to associated
right-of-way, easements, engineering costs, permit applicatipns and fees,
.legal costs, construction and inspection costs, and the preparation of As-built
Plans.
Prior to or concurrent with Subdivision Plat approval or Public Improvement ..
Plan approval by the City, whichever comes frrst, for any portion of the
Property, APPLICANT will provide fmancial security acceptable to the City
for all costs associated with the above transportation system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau. of Labor and
Industries (BOLI) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interprets as being occupied or
used by a public agency shall be estimated based upon the prevailing rate of
wage, and fmancial security shall be. adequate to provide for the payment of
said prevailing rate of wage.
1.6 Provide and be fmancially responsible for the provision of any additional urban
facilities and services identified during the review and approval of the Subdivision
Tentative Plan and/or the Public Improvement Plans as necessary to serve the
development of the Property, including the construction and maintenance thereof.
1.7 In determining APPLICANT's share of costs for the improvements described in this
Agreeement, the full cost for the provision of the improvements at the time of
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EXHIBIT C - P9
construction shall be estimated. ,For the purposes of this Agreement, the full cost shall
include design, construction, acquisition of land and/or easements, studies, permits
from all agencies having jurisdiction, attorney's fees, and all other costs reasonably
associated with the implementation of the needed improvements.
2. Obligations of City. Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the Property to the City before the Boundary
Commission, or its successor, and support APPLICANT's defense of any appeal of a
decision of the Boundary Commission, or its successor, annexing the Property to the
City. However, the City will not assume any financial responsibility to provide legal
counsel on appeal.
2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
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
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 developed prior to the
approval of a Subdivision Tentative Plan and Public Improvement Plans for the sanitary
sewer systems, stonnwater management systems, and street improvements 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.
ANNEXATION AGREEMENT - Page 9 of 13
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7. Modification of Agreement. This Agreement may only be modified in writing signed by
both parties. Any modifications to this Agreement shall require the approval of the
Springfield Common Council. This Agreement shall not be modified such that the key
urban facilities and services as defmed in the Metro Plan Policy 8a and 8b, p.II-C-4 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 the 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 its rights under Dolan v. City of Tigard (512
U.S. _114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT, for payments, fmancial responsibility and reimbursements set forth in Section
1, required herein, are roughly proportional to the burden and demands placed upon the
urban facilities and services by the development and to the impacts of the development of
the Property. APPLICANT further waives any cause of action it may have pursuant to
Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the
actions described herein.
10. Ballot Measure 37. APPLICANT knows and understands any rights it may have under
Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed
November 2,2004. APPLICANT for itself and its heirs, executors, assigns, administrators
and successors, hereby waives any claim or cause of action it may have under such ORS
provisions against the City.
11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid,
such enforceability or invalidity shall not affect the enforceability or validity.of any other
provision of this Agreement. The validity, meaning, enforceability, and effect of the
Agreement and the rights and liabilities of the parties hereto shall be determined in
accordance with the laws of the State of Oregon.
12. Compliance With lIB 2140. In accordance with House Bill 2140, the APPLICANT
acknowledges that 25 percent or more of the square footage of this PROJECT as completed
will be occupied or used by a public agency and that, accordingly this PROJECT is "public
works" within the meaning of ORS 297C.800(6)(a)(C).
The APPLICANT will require, as a condition of any contract for construction, that the
specifications for such contract shall contain a provision;
A. complying with the provisions of ORS 279C.830, with respect to the payment of the
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EXHIBIT C - P11
prevailing rate of wage;
. B. requiring that each and every contractor or subcontractor shall file such bonds as
may be required under ORS 279C.836;
C. requiring that any contractor or subcontractor shall comply with each and every
provision of ORS279C.800 - 870, with respect to such PROJECT.
Any and all cost estimates shall be prepared on the basis of prevailing rates of wage.'
If the Commissioner of the Bureau of Labor and Industries. shall have, pursuant to Section
44(2) of chapter xxx of Laws, 2007, as enacted by House Bi112140, divided the
PROJECT to separate the part that are public works from the parts of the PROJECT that
are not public works, the foregoing provisions shall apply only to that portion of the
PROJECT that the Commissioner shall have determined to be "public works".
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EXHIBIT C - P12
ti -
DATED this A day of ~ Cl"'- "(~ ' 2006
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date fIrst
herein above written.
)(ijt--
f) I2A 1..-fA-) d Aw .//ILUu
Ronald D. Galceran
(OWNER)
Karen L. Galceran
(OWNER)
STATE OF OREGON
COUNTY OF LANE
} ss
BE IT REMEMBERED that on this /, f>-dayof ~a.~ t.A.<l'" ,200 e before
me, the undersigned, a notary public in and for said County ~tate, personally
appeared the within named Ronald D.Galceran and Karen L. Galceran
whose identity was proved to me on the basis of satisfactory evidence and who executed the within
instrument and acknowledged to me that Ronald D. Galceran and Karen L. Galceran executed
the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
~~.
o ublic for Oregon
A1rl~/ +- 1(, f:!! I 7.. 0 (0
My Co . ssion Expires
OFFICIAL SEAL
JEFF PROCIW
NOTARY PUBUC-OREGON
COMMISSION NO. 409159
MY COMMISSION EXPIRES AUGUST 16, 2010
ANNEXATION AGREEMENT - Page 12 of 13
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EXHIBIT C - P13
CITY OF SPRINGFIELD
BY:~.dIC <;~
o Grim (iI, CIty Manager
STATE OF OREGON
COUNTY OF LANE
} SS
A3NtJOIL'if JJJ:J ::10 3JI:I:l0
--2.0TSTL- :33_'10
4' ~~;:;:;:~ ~~
rr.'" ri r-~ ~ ~ ~'i';' [l !..} .;-1 ;l:P
~Ji;Jl;\l\JC i., I:J":i.JU
BE IT REMEMBERED that on !bis aryl day of J:LlI ~ ,200 g before me, the
undersign~ubliC in and for said County and tate, personally appeared the within
named . '(l. whose identity was proved tW-.~ e....~ on the basis of satisfactory evidence and
who by me duly sworn, did say that he is the CifY~cY!ager of the within named municipal
corporation and does acknowledge said instrument to be the free act and deed of said municipal
corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal
corporation, and that said instrument was signed and sealed in behalf of said municipal corporation
by authority of its Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
OFFICIAL SEAL
~ AMY LSOWA
., NOTARY PUBLIC: OREGON
;.;' ISSION NO. 397942
.. V. ..... MY ~~~~S'ON EXPIRES NOV. 22. 2009
~..~.
NOTAR . PUBLIC FOR OREGON
/ 1- ;;-~~;;otJ 1
MY COMMISSION ExpIRES
ANNEXATION AGREEMENT - Page 13 of 13
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~
EXHIBIT A
EXHIBIT C - P14
, PROPERTY DESCRIPTION
Beginning at a point in the center of county Road No. 452, in Section 4, Township 18
South, Range 2 West of the Willamette Meridian, said.point being ,on the West line of
the S. D. Gager Donation Land Claim No. 61, said Township and Range, 775.4 feet North
of the Southwest corner of said claim, from said beginning point run East 20.0 feet to
an iron pipe, marking the East line of said County Road; thence continuing East 204.7
feet to a total distance of 224.7 feet; thence North 96.92 feet; thence West 204.7
feet to an iron pipe in the East line of said County Road No. 452; thence continuing
West 20.0 feet to a point on the West line of saidS. D. Gager Land Claim; thence
South along said West line, 96.92 feet to the place of beginning, in Lane County,
Oregon. ALSO: A piece of ground described as beginning at a point 30.0. feet East of
the centerline of County Road No. 452, said point also being 872.32 feet North and
30.0 feet East of the Southwest corner of the S. D. Gager Donation Land Claim No. 61,
in Township 18 South, Range 2 West of the willamette Meridian; thence East 194.7 feet;
thence South 96.92 feet; thence East 224.7 feet1 thence North 106.92 feet; thence West
419.4.feet; thence South 10.0 feet to the point of beginning, in Springfield, Lane
County, Oregon.
EXCEPT the portion conveyed to Lane County in the Warranty Deed recorded
February 5, 1997, as Reception No. 9707995, Official Records, in Lane County,
Oregon.
TOGETHER WITH THE FOLLOWING'DESCRIBED PARCEL: Beginning at a point 30 feet East of the
center line of County Road No, ~52, said point being 1033.07 feet North and 30 feet
East C?f the Southwest corner of the S. D. Gager Donation Land .Claim .No. 61, .Township
18 South, Range 2 West of the willamette Meridian; thence East 419.4 feet, .thenc.e
South 150.75 feet, thence West 419.4 feet, thence North 1~0.75 feet to th~~oint of
beginning, in Lane County, Oregon.
EXCEPT:dBeginning at a point 30 feet East of the centerline of County Road ~o'..
.452, said point also being along the Right of Way of County Road No. 452; said.
point also being 1033.07 feet North and, 30 feet East of the Southwest corner of
the S.D. Gager Donation Land Claim 61, in section 4~ 'I'ow,nship 18 South, Range 2
West of the willamette Meridian; thence East 194. 40."feet; thenc:e South 150.75
feet; thence West 194.40 feet; thence North 150.75 feet to the point of
beginning, in Lane County Oregon.
, ., l--.
EXHIBIT C
P15
EXHIBIT B
PROPOSED ANNEXATION
855 South 57th Street (Map 18-02-04-14, TL 200)
SUBJ ECT SITE
Springfield, OR
~....... '1htn! ~no lromznrks rhoracrotrptlll,,'1hisprodrKL
"""~', _~_; "'~<, tkt:rstIS.fJunt!ol/rl!SpOn.,ihilil)'lor(1n:t'I(Js;r(JrtltzmQ~oris;ng
from aD:" mur. omiss;(}Il cr p1.~riona/ ;n<<auvc:rojdtis pmdllcr
~ ::. Within City Umits
~ Not Within City Umits
SJ. 100 Feel
July, 2007
, ..t(:. I.
EXHIBIT D - P1
TYPE IV - ANNEXATION
STAFF REPORT AND RECOMMENDATION
File Name: Ron Galceran Annexation
Owner(s)/Applicant(s): Ronald and Karen Galceran
Case Number:. C SP 2008 - LRP2007-00022
Proposal Location: East of and adjacent to South 57th Street, and municipally addressed as 855
South 57th Street (Assessor's Map 18-02-04-14, Tax Lot 200). As submitted, includes a 5-foot
wide portion of South 57th Street right-of-way along the property frontage.
Existing Zoning: Low Density Residential (LDR) with an Urbanizing Fringe Overlay (UF-10)
Zoning Mter Annexation: Low Density Residential (LDR)
Metro Plan Designation: Low Density Residential
Application Submittal Date: July 13, 2007
Associated Applications: ZON2007-00028 (Development Issues Meeting); ZON2008-00011
(Development Issues Meeting); LRP2007-00022 (pre-ORS 222 iillllexation application; same
case number as current application)
CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE
PHONE
726-3784
726-4585
726-1034
726-2293
726-3668
APPLICANT'S DEVELOPMENT REVIEW TEAM
POSITION . NAME PHONE MAILING ADDRESS
Owner Ronald Galceran 736-1094 855 S 57th St
Springfield OR 97477
Applicant's Representative N/A
Consulting Engineer N/A
C SP 2008 - LRP2007-00022 (Galceran/S 57th St)
Page 1 of9
1J .". .'.
EXHIBIT D - P2
Review Process (SDC 5.7-115): The subject annexation application is being reviewed under
Type IV procedures, without Planning Commission consideration.
Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) IS
required of all annexation applications.
Finding: A Development Issues Meeting (DIM) was held on June 28, 2007 (Case ZON2007-
00028). A follow-up DIM was held on February 28, 2008 to explain the new process for
annexation effective January 1, 2008, following adoption of the City's Annexation Ordinance
now codified in Article 5.7 of the Springfield Development Code (SDC) (Case ZON2008-
00011).
Conclusion: The requirement in SDC 5.7-120 is met.
Annexation Initiation and Application Submittal (SDC 5.7-125): The City of Springfield
received written consents from the property owners (Ronald and Karen Galceran) initiating the
annexation consistent with SDC 5.7-125. As initiated, the annexation area includes one tax lot
and a portion of South 57th Street right-of-way (Attachment 1).
Finding: The method of initiation meets the requirements of SDC 5.7-125.B.2.b.i and ORS
222.170(1), which requires written consents from more than half of the owners of land in the
territory to be annexed, who also own more than half of the land in the contiguous territory and
of the real property therein representing more than half of the assessed value of all real property
in the contiguous territory.
Finding: This application was originally submitted in July, 2007 with the expectation that it
would be processed under the provisions of ORS Chapter 199, the Boundary Commission law.
The application was not filed with the Boundary Commission prior to abolishment, and is now
governed by ORS Chapter 222 and the implementing provisions in the Springfield Development
Code.
Finding: The applicant submitted the necessary annexation application forms as required in SDC
5.7-125.5 - 15 and the application was determined to be a complete filing on April 10, 2008.
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The annexation area, as submitted, includes one tax lot and a five-foot wide
strip of South 57th Street right-of-way. The owners propose to develop a nine-lot residential
subdivision, if the annexation is approved. The estimated total acreage of the annexation area, as
submitted, is 1.82 acres-approximately 1.81 acres in Tax Lot 200 and approximately 0.01 acres
in South 57th Street right-of-way. The annexation area is developed with one single-family
residence and existing right-of-way and services are provided by the following public entities:
police (Oregon State Police, Lane County Sheriff), schools (Springfield School District 19),
roads (Lane County, City of Springfield), and Fire (Willakenzie Rural Fire Protection District
contracting with the City of Springfield). There is no established water district within the area,
C SP 2008 - LRP2007 -00022 (GaIceran/s 511' St)
Page 2 of9
1j 114;-
EXHIBIT 0 - P3
and the property is se~ed by a private well system. Upon annexation, the property owner can
request connection to the Springfield Utility Board (SUB) water system in conjunction with a
subdivision application.
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 June 20, 2008, which is
at least 14 days prior to the public hearing date, to the affected property owner(s) (the
annexation areas are public facilities and not in private ownership); owners and occupants
of properties located within 300 feet of the perimeter of the affected territory; affected
neighborhood groups or community organizations officially recognized by the city that
includes the. affected territory; (including, but not limited to, Southwest Thurston
Association, Washburne Neighborhood Association, East Alton Baker Association, and
the Game Farm Neighbors Association); 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.
Newspaper Notice. Notice of the July 7, 2008 public hearing was published in The
Register-Guard on June 18, and June 25, 2008.
Posted Notice. Notice of the July 7,2008 public hearing was posted in four public places
in the City [in two locations in the area of the annexation; at the Springfield City Hall
Development Services Division; and on the City of Springfield web site] on June 23,
2008, for two successive weeks prior to the hearing date.
Finding: Upon annexatiOIi of the subject property to the City, the site will retain its Low Density
Residential zoning, but the Urbanizable Fringe Overlay District (UP-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 more than 45 days prior to the public
hearing.
Conclusion: Notice of the public hearing was provided consistent with SDC5.7-130.
Recommendation to City Council (SDC 5.7-135): The Director shall forward a written
recommendation on the annexation application to the City Council based on the approval criteria
specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings,
and conclusions. The Director's recommendation follows SDC 5.7-140, Criteria.
Criteria (SDC 5.7-140): The application may be approved only if the City Council fmds that the
proposal conforms to the following criteria:
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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 is located within the acknowledged urban growth boundary
(UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The UGB is
located approximately 2,000 feet southwest of the annexation area. The annexation area is
contiguous to the Springfield city limits along its eastern boundary.
. ,
Conclusion: The proposal meets this criterion.
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable ref'mement plans or Plan Districts;
Finding: The Metro Plan was acknowledged by the Land Conservation and Development
Commission (LCD C) in August, 1982 and has been subsequently amended. The annexation area
is located within the acknowledged UGB of the Metro Plan. Territory within the UGB ultimately
will be within the City of Springfield.
Finding: The Metro Plan recognizes that, ultimately, all territory within the UGB will be
annexed to an existing city (policy #10, page II-C-4; Policy #'16, page II-C-5; and Policy #21,
page II-C-6). Springfield is the unit of government identified in the Metro Plan to provide urban
services to annexed territory.
Finding: The Metro Plan recognizes that as annexations to the City occur, existing special
service districts within the UGB will be dissolved (policy #18, page II-C-6). The continued
annexation of properties to the City of Springfield is consistent with the Metro Plan, which will
result in the elimination of several sp~cial districts within the urbanizable area.
Finding: The annexation area is within the Willakenzie Rural Fire Protection District (RFPD).
The fire district contracts with the City of Springfield for fire services within its boundaries.
After the public hearing and if determined by the City Council that withdrawal is in the best
interest of the City, the annexation area will be withdrawn from the RFPD consistent with ORS
222.510, 222.520, and 222.525 and the City will provide fire services directly to the annexed
property.
Finding: After the' public hearing and if determined by the City Council that annexation is in the'
best interest of the City, the annexation area will be annexed into the Lane County Metropolitan
Wastewater Service District as authorized by an Intergovernmental Agreement (IGA) between
the City of Springfield and Lane County. This special district was formed. to provide the
financing for the regional wastewater treatment plant serving wastewater users within the City of
Springfield.
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EXHIBIT D - P5
Finding: After the public hearing and if determined by the City Council that annexation is in the
best interest of the City, the annexation area will be annexed into the Willamalane Park and
Recreation District as authorized by an intergovernmental agreement between the City of
Springfield and Lane County. The park district provides park and recreation facilities and
services to territory within the City of Springfield.
Conclusion: The proposal meets this criterion.
c. The proposed annexation will result in a boundary in which the minimum level of key
urban facilities and services as deemed in the Metro Plan can be provided in an orderly
efficient and timely manner, and
Finding: The Metro Plan recognizes annexation as the highest priority for extending the
minimum level of key urban facilities and services to urbanizable areas (policies #8 and #10,
page II -C-4).
Finding: The annexation area will take advantage of urban service delivery systems that are
already in place to serve this area. An Annexation Agreement has been executed between the
City and the property owner which memorializes the obligations of the developer to extend urban
utilities to serve the development area. In addition to urban utilities, the following facilities and
services are either available or can be extended to this annexation area:
Water - SUB Water provides water service to developed properties in this area of south
Springfield. There is an existing 16-inch water line located in South 57th Street. Upon
annexation, water service to the existing house and new development within the subject area can
be provided by this water line.
Electricity - SUB Electric provides service to developed properties in this area of Springfield.
Upon annexation, electrical service to the existing house and new development within the subject
area can be extended from an existing power pole on the north side of South 58th Street, just
outside the northeast comer of the site.
Police Services - Springfield Police Department currently provides service to other properties in
this general area already inside the City. After annexation, this area will receive police services
on an equal basis with properties inside the City. Infill annexations and development in this area
will increase the efficiency of service delivery to this area.
Fire and Emergency Services - Fire protection is currently provided to the annexation area by the
Willak.enzie Rural Fire Protection District. This special district contracts with the City of
Springfield for fire services to territory within the district's boundaries. Springfield fire stations
are located near Pheasant Avenue and Hayden Bridge Way, South 47th Street and Main Street,
and South 68th Street and Main Street.
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Concurrent with annexation to the City of Springfield, the annexation area will be withdrawn
from the rural fire district in accordance with ORS 222, if the City Council determines that
withdrawal is in the best interest of the City.
Emergency medical transport (ambulance) services are provided on a regional basis by Eugene,
Springfield, and Lane Rural Fire/Rescue to central Lane County. 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 to the City of Springfield by the
Willamalane Park and Recreation District. Indoor recreation facilities, such as the Willamalane
Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and
Willamalane Adult Activity Center will be available to residents as new development occurs. .
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. Bluebelle
th
Park, a 2.58-acre neighborhood park located at South 50 Place and Bluebelle Way, and
Volunteer Park, a 4.4-acre neighborhood park on Holly Street at South 43rd Street, are located in
the vicinity. A new neighborhood park also has been developed in the Jasper Meadows
subdivision on South 57th Street near Mt. Vernon Road.
Concurrent with annexation to the City of Springfield, the subject area will be annexed to the
Willamalane Park and Recreation District consistent with City policy, if the City Council
determines that annexation to the special district is in the best interest of the City.
Schools - Springfield School District 19 serves this area. Existing schools-Mt. Vernon
elementary, Agnes Stewart middle, and Thurston high-serve this neighborhood and can
accommodate students resulting from new development occurring within the annexation area.
Sanitary Sewer - The western portion of the tax lotted property in the annexation area can be
served by an existing 8-inch public sanitary sewer line in South 57th Street. The eastern portion
of the property can be served by an extension of an 8-inch public sanitary sewer line in South 58th
Street in conjunction with the construction of the "Jon's Landing" subdivision to the north of the
property. However, the City would prefer that the lots in the eastern portion of the property be
served by a new 8-inch public main that will be located in South 57th Place. Engineering
information to resolve specific sewer line placement issues will be provided during the Public
Improvement Plan (PIP) process. The future Jasper Road sewer trunk line will eliminate a lift
station that will serve the eastern portion of. the property, and the applicant will pay a
proportionate share of the cost of the system.
. Concurrent with aimexation to the City of Springfield, the annexation area will be annexed to the
Lane County Metropolitan Wastewater Service District, if the City Council determines that
annexation to the special district is in the best interest of the City.
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Stormwater - An existing stormwater management system in . located within South 57th Street,
and consists of a 12-inch diameter pipe which is adequate to serve the western portion of the
property. The eastern jortion of the property will drain towards a 12-inch existing public
stormwater in South 58 Street. Any further development or redevelopment in the annexation
area will require appropriate stormwater management techniques in accordance with City
standards.
Streets - The subject property fronts South. 57th Street on the west and a portion of the site
adjoins South 58th Street on the northeast comer. Both streets are fully improved with curb and
gutter, pavement, and sidewalks. An interconnected transportation system will be required in
order to provide access and a transportation system for the provision of fIre and life safety
services to and from the annexing property. The applicant proposes to dedicate sufficient right-
of-way to extend South 58th Street from the northeast comer of the property and to the west
approximately 225 feet along the northern edge of the property and adjacent to Jon's Landing
subdivision (which is under development) to provide for an urban standard street complete with
curb, gutter, pavement, sidewalk, street lights, and street .trees. The applicant also proposes to
dedicate public right-of-way and construct urban standard streets, complete with curb, gutter,
pavement, sidewalk, street lights, and street trees. The alignment of this right-of-way will
coincide with the existing right-of-way of South 57th Place, which lies approximately 300 feet
south of the south line of the property.
As submitted, the annexation area includes a 5-foot wide strip of South 57th Street along the
frontage of the subject property. Consistent with current SpringfIeld Public Wodes practices,
road right-of-way is annexed only after it is improved to City standards. This section of South
57th Street is developed to City standards with curb, gutter, sidewalk, lane striping and street
lighting, and the eastern 30 feet of the street right-of-way (as measured from the centerline) is
recommended for inclusion in the annexation area. To the north of the subject site (north of
Ridge Court), the balance of South 57th Street is already within the City limits. Annexation of
the subject portion of road right-of-way does not automatically convey jurisdictional transfer of
access control and maintenance responsibilities, which can occur at a future time.
The total area recommended for annexation, including the eastern half of the road right-of-way,
is approximately 1.88 acres, including 0.07 acres of right-of-way.
Solid Waste Management - The City and Sanipac have an exclusive franchise arrangement for
garbage service inside the City limits. Upon annexation, Sanipac will serve this property. .
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 future development in this area.
Land Use Controls - The annexation area is within SpringfIeld's portion of the urban growth
boundary. Through an intergovernmental agreement between Lane County and the City of
Springfield, the City already has planning and building jurisdiction for this property. The City
will continue to administer land use controls after annexation.
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EXHIBIT D - P8
Finding: The minimum level of key urban facilities and services, as defined on page V-3 of the
Metro Plan, are either immediately available or can be provided within a reasonable future time
frame as needed.
Conclusion: The proposal meets this criterion.
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 Annexation Agreement outlining the agreement between the City and the owner
for the provision of urban services and fmancing responsibility has been fully executed for the
annexation area and is attached to the enacting Annexation Ordinance.
Conclusion: The proposal meets this criterion.
DIRECTOR'S RECOMMENDATION: Modify the annexation area to include the east 30
feet of the South 57th Street right-of-way, as measured from centerline, along the frontage
of Tax Lot 200; approve the modified annexation of territory to City of Springfield, Lane
County Metropolitan Wastewater Service District, and Willamalane Park and Recreation
District, and withdraw the requested annexation area, as modified, from the Willakenzie
Rural Fire Protection District.
City Council Decision (SDC 5.7-145): City Council approval of the annexation application
shall be by Ordinance.
Finding: Without an Emergency Clause, the annexation will become effective the day following
the next election, which is November 5, 2008. The applicant's annexation request was submitted
to ,the City in July, 2007.
Finding: The City Council held a Public Hearing on July 7, 2008 for the subject annexation
request. Based on the staff analysis and recommendation, and on testimony provided at the
Public Hearing, the City Council approved the annexation area as modified (Map 18-02-04-14,
Tax Lot 200) per Ordinance No. _, totaling approximately 1.88 acres.
Zoning (SDC 5.7-150): The annexation area is designated Low Density Residential in the Metro
Plan and is currently zoned LDRIUF-lO (Low Density Residential with Urbanizing Fringe
Overlay District).
Finding: Upon the effective date of the annexation, the UF-10 overlay is automatically removed
and the subject property is zoned consistent with the Metro Plan designation.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is
approved by the City Council on July 7, 2008 with an Emergency Clause, the Ordinance will
become effective upon adoption by the City Council and execution by the Mayor.
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Finding: City Council gave second reading to Ordinance _ on , 2008. The
Ordinance became effective consistent with SDC 5.7-155 and ORS Chapter 222 on
2008.
Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts
may occur concurrently with the approved annexation Ordinance or after the effective date of the
annexation of territory to the City. The Director shall recommend to the City Council for
consideration of the withdrawal of the annexed territory from special districts as specified in
ORS 222. In determining whether to withdraw the territory, the City Council shall determine
whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be
provided in the same manner as the annexation notice in Section 5.7-150.
Finding: The annexation area is within the Willakenzie Rural Fire Protection District.
Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City
Council determined that withdrawal from the Willakenzie Rural Fire Protection District was in
the best interest of the City. The withdrawal decision was codified in Ordinance No._.
Exhibit:
A. Assessor's Map showing strip of road right-of-way recommended for annexation
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