HomeMy WebLinkAboutOrdinance 6250 11/16/2009
ORDINANCE NO 6250
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND
WILLAMALANE PARK AND RECREATION DISTRICT; AND WITIIDRA WING THE SAME
TERRITORY FROM THE GLENWOOD WATER DISTRICT
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, a request to annex certain territory was submitted on August 14,2009, said territory being
described as follows:
Township 18 South, Range 03 West, Section 02, Map 20, Tax Lots 3000, 3100, 3200 and 3300; and
Township 18 South, Range 03 West, Section 02, Map 32, Tax Lot 3800 as generally depicted and more
particularly described in and on file in City Case Number C SP 2009 - LRP2009-00009 and attached
hereto as Exhibit A to this Ordinance; and
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and
ORS Chapter 222 to accept, process, and act on annexations to the City; and
WHEREAS, in accordance with SDC 5.7-125 and ORS 222.170(1), a petition and written consent for
annexation has been submitted by the property owners to the Common Council of the City of Springfield on
November 2, 2009 (Exhibit B); and
WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125 and ORS 222 and has
been set for public hearing; 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 there is 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
LRP2009-00009 [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 concurrently annex the subject territory to the Lane County Metropolitan Wastewater Service
District and Willamalane Park and Recreation District, as these special districts are 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,
WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to
concurrently withdraw the annexation territory from the Glenwood Water District as the Springfield Utility Board
would provide water utility service directly to the area after it was annexed to the City [SDC 5.7-160.B]; and,
1
WHEREAS, on November 2,2009, 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 approving the
annexation request, and the Glenwood Water 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.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: '
SECTION 1: The Common Council of the City of Springfield does hereby approve the annexation area to
the City of Springfield, Lane County Metropolitan Wastewater Service District and Willamalane Park and
Recreation District, said territory being described as follows:
Assessor's Map Township 18 South, Range 03 West, Section 02, Map 20, Tax Lots 3000,3100,3200 and
3300; and Township 18 South, Range 03 West, Section 02, Map 32, Tax Lot 3800 (municipally addressed
as 4851, 4857 and 5001 Franklin Boulevard) as generally depicted and more particularly described in
Exhibit A.
SECTION 2: The withdrawal ofterritory described in Section 1 above from the Glenwood Water District
shall become effective on July 1,2010.
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 or the Development Services Director 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 16th day of November, 2009, by a
vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Spr.
16th day of November, 2009.
C
ATTEST:
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City Record r
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OFFICE OF CITY ATTORNEY
2
ORDINANCE NO. 6250
Exhibit A-I
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L~g~l D~~cription for ,the A~nexation
. ,'. of the, ,
Wildfsh ,GlenwoodPhllit :Site
; ,to the. ' ,
City of Springfield
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Beginning at a point on the west bo~dary of Section 2 in Township 18 South, Range 3 West of
the Willaniette Meridian, said point being SOUTH 1237.57 fe~t froll1the northwest corner of
said Section 2; thence
, .' . . ,. .'
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I.)North89059'05"West40.89 feet to a point on the easterly right of way of McVay Highwa)' .
30 feet easterly Of, wl1en measur~dat rightal1gl~s to;the cente,rline ofMc V ay Highway; thence ' ,
along the easterly right of way of 'Mc V ayHighway the'following ,13 courses' and distances'
numbered 2~14: ",
2.) ~19!lg the arc of a ,13 03 :24 foot radius curve right (the chord of which be~rs, South 7031 '15"
Ea~t39.,80 feet) a distance of 39.80 fee!thenc~;,' " ",' ,
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, . ',3.) South 6038'45" East 474:04 fe,et' to a'point' oppositetheanglepoirit in the centerline ofMc V ay
, High~ay at engineer's station 107+00; thence continuing along the easterly right otway of
. . , . " .. " .
McVay Highway
4.) South 5041 '45" Eastl300.25feet to a point 30 feet easterly of and opposite engineer's station
120+00 P.O:T; thence " " ' ,
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5.) North 84018'15" East 10.00 feetto a point 40 feet east~r1yofand opposite engineer's station
120+00 P.O.T.; thence '
6.) South 5041 '45" East 200.00 feet to a point 40 feet easterly of and opposite engineer's station '
122+00 P.O.T.; thence
7.) North 84018'15" East 10.00 feet to a point 50 feet easterly of and opposite engineer;s station
122+00 P.O.T.; thence
8.) South 5041 '45" East 200.00 feet to a point 50 feet easterly of and opposite engineer's station
124+00 P.O.T.; thence
9.) North 84018'15" East 10.00 feet to a point 60 feet easterly of and opposite engineer's station
124+00 P.O.T; thence
10.) South 5041 '45" East 89.50 feet to a point 60 feet easterly of and opposite engineer's station
124+89.50 P.c.; thence
11.) along the arc of a 776.20 foot radius curve right (the chord of which bears South 5016'33"
East 11.38 feet) a distance of 11.38 feet to a point 60 feet easterly of and opposite engineer's
station 125+00 P.O.C.; thence
Attachment 1-3
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Exhibit A-2
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12.) North 85008'39" East 10.00 feet to a point 70 feet easterly of al1d opposite engineer's station ,;
175+00 P.9.C.; thenc~',' : ' , ,. " ,',
,
. , d.) ~long the:~r~~fa 786:20 foot radius curve right (the chord of~hich bears'S~uth 3035'5~'~: '
West231.19fi;:et'toa point 70feet easterly of and opposite engineer'sstation li7fJ lAP:T~; :
· thence'" ""
14.) South 12003'IY' West 140.66 feet to a point marking theint~rsection of the ,easterly right of
way of McVay Highway and the easterly right of way of the Union Pacifi~ Rail~oad, said P9iI1t
'being 30 feet from; when measured at rightangles to the centerline ofthe Union Pacific,
Railroad; thence leaving the easterly right ,of way of the McVay Highway andmnning along the
. , easterly right of way of the Union facificRaiiroad' ' , " ," . ' " ,
15.) along the arc ofa 985,04 foot radius curve right (the (;hord o(whichbeatsSouth 9032'23" ,
E~st255:72 feet) a distanceof256.44feet; the'nce leavingth'eeasterly fight ofwayofth~ Union
"P,acific ,Railroad, ' ,',
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16.) andnfuning South 73~15'42" East139 feet more or l~ss to,a point ~mthe low watermark o(
theJeft bank oftheWillamette River'; thence' ,
,- '. .' ..,.." ,.', ',' 1 ."
17.) in aN ortheasferly dir~cti~n doWnstream along, th~ low water mark ,()f the Wiliamette 'Riv,ei' .
3053 feet more 9rIess to a pointwhich bears, South 89059'05", East from the p()intofbeginJ;ling;' ,
then,ce
, 18.) leaving the low watermark of the left bank of the Willamette River a~d running N~rth
89059'05" West 262 feet more or less to a point referenced by a 5/8" iron rod with ,a red plastic
LD. cap stamped "Poage Eng.Ref. Corner" which bears South 89059'05" East 1.00 feet; thence
, ' ,
19.) North 00010'49" East 69.21 feet; thence
20.) North 89059'05" West 50.02 feet; thence
21.) South 00010'49" West 69.21 feet to a point referenced by a 5/8 inch iron rod with a yellow
plastic LD. cap stamped "P.L.S. No. 655"; thence
22.) North 89059'05" West 453.48 feet tothe point of beginning, all in Lane County Oregon.
Bearing ,used hereon are based on C.S.F. No. 13114 on file in the office of the Lane County
Surveyor.
Attachment 1-4
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Attachment 1-7
Exhibit B-1
City of Sprjngfield. . ,
Development Services Dep~rtri1ent
225 Fifth Street!, , ., : ,
"Springfield~OR97477 "
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,Annexation Application Type IV"
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Application Type (Applicant: Check one)
Annexati'on A 'lication Pre":Submittal:
?~ (-t{ 8S-nea ,
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:::::;ij;~:~;i::!::;:-;:::::!::::~'m:;:;1::;:::;!::~:::::: .. "..,
A entName:
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W'I\c\ ~$.~, ~ C,.o. Eo, €v\e Al\€-<ACof
'Pb csRQ1Ltb1
Fax:
S,,\\ ~~~3-77lL
SCo(\ ~b83 -77Z7....
(\)\ed ~ k@..
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, Address:"
Agent Signatur~:
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18-073 -oz..:.,;-:z..o
ASSESSOR'S MAP NO: Ie -03'" 2 - 2..-;
Pro ert Address: '-/6sf*" "'8'57~ ~COI Pra-n"li".,
Area of Re uest: ~ 8 1 '2.. eo..c~'"('e S
E~mail
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Existing Use{s)
of Property:
FO r WI e Y'" SA. VI d~' 'r~ vel pro c. e S s: Yr
,.. i rn a. t" Il IIa..c..a.. VI +.
1&4 VI + - G t(, Y' '(",g rl f;'
Proposed Use
of Property:
'70 8e Def~ r 114: n ed
Case No.:
LRP ~o 9 - DOOD~
Date:
/tGL-
~J2.06~-OOOO I
Page 8 of 20
Attachment 1-8
Original Submittal ff;;t
~pplicatiQn Fee:
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Postage fee: '54.3.0-0,
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Attachment 1-9
Exhibit B-2
Total Fee: t 85} fJ'7 .,3
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Date Received:
AUG 1 ~ 2009
, Original Submittal tJ,X:-
Page 9 of 20
Exhibit B 3
.....-.
Owner Signa.tures
Th;~ application form is used for both the req~ired pre-,submittal,m~eting'a~d subsequent ','
c0rT1ph~teapp'licati6n subrr,lit~al. OWl')er signatures are, requ'ir,ed at botl1stages' in the' appl[cati6n
'process. Ail applic~tioi1 without theOwne,r's original signatl':"rewillnot be accepted.
, " -:",' ': ",' " . '. ;.' ',' '. ,,' " .,' ,
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Pre':'Submittal
Owner:
The undersigned acknowledges that the information In this applic~tlon Is corre~t and accurate for scheduling of the
Pre-Submittal Meeting. " " , "
Date:
'Signature ""
"T~~e s. ,~.,Lo: \6\ ~ s ~
Print
, Owner:
.' , .
"
. I represent this application to bec6mplete for SLib~iW11 to the City. Coh~istei1t wi~hthe completehess'check
performed on this application at the PrecSubrriittal Meeting, I affirm the information identified 'by the City as " ,
necessary for proceSSing the application is provided herein or the Information will not be provided if not otherwise
contained within the submittal; and the City may begin processing the application with the Infonnatlori as', '"
submitted. Th'iss~a~ement serves as written notice pursuantto the requlrenients of ORS 227.'178 pertainingtoa
complete application. ' ",,' " "
. . ," ..' " "
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a.~
Date: '
Date Received:
AUG 1 4 2009
Original Submittal tI".Y'
Attachment 1-10
Page 10 of 20
'9'
Exhibit B-4
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Since 1935
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:k1dy Liinbird, Planner
CitY of Springfield. '
225 Fifth Street
. Springfield~ OR 97477
August14,2009"
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Dear Mr. Linibird:
Subj~ct: ' ~exationReguestSllbmittll1
Enclosed please findthefIlkgmateri~ls and fee. payment for the vohiIlt~'anne~alionofapproximlite1y '38
, .,acres' ~f landmvned'by thiscoIl1panY arid Eugene Allen Corp. :( an affiliated company) located at or contigU~us
with property addr~ssed as 4851 ;4857 and 5001 Franklin Boulevard in theG1enwood neighborhood of :: '
. , 'Springfield. ' " .' ' '. " . '" " .' " ,
, , This corn.parative1y iaige property is sitmitedatihe southern entry to Springfield from Interstate 5, and is '
cOIlIlected to' Sprillgfield and Euglme by the McVay HighwaylFrarik1~n }3oulevardcorridor.Fonnerly used as a ','
sand and gravel processing site, the property is now largely vacant with the exception of an 9ffice/shop building ,.
leased toa heavy equipment operator training organization. " , ' .
The property enj oys approximately 2900 feet of Willat:nette River frontage. It has direct access to McVay
Highway, atwo lane state highway. The property is presently served bywater, sanitary sewer, eiectric and
natural gas utilities. In th,e future, it is anticipated that storm wate~ will, be managed on-site in a maimer similar
, to that of other recently developed properties iIi the ar~a, e.g., Franz Bakery.
The topography is flat~ and there are no wetlands or significant wildlife habitats identified on the site. Although
portions ofthe property are within the regulated tOO-year floodplain, it is important to note that the Federal
Emergency Management Agency (FEMA) recently revised the "floodway boundafy" in a manner that removed
essentially all of the property from the floodway and its associated development constraints. '
Pursuant to SDC 5.7-125(B)(13) and(14), the following information is provided:
A. The affected territory proposed to be armexed is within the City of Springfield's urban growth boundary,
and is separated from the city limits only by a public right-of-way (McVay Highway).
B. The proposed annexation is consistent with applicable policies in the Eugene-Springfield Metro Area
General Plan (2004 version). ' The property is designated Light Medium Industrial on the plan diagram, and
zoned Light Medium Industrial. In particular, the annexation promotes Policy III-B-25: "Pursue an aggressive
annexation program and servicing of designated industrial lands in order to have a sufficient supply of
'development ready' land". The proposed annexation is also consistent with applicable policies in the
G1enwood Refinement Plan~ It is located in Subarea 10, with a small portion in Subarea 9. It is within the
Franklin BoulevardIWillamette River Corridor as well. 0 t R .
a e ecelved:
P.O. Box 7428 Eugene. OR 97401 I 3600 Wildish Lane Eugene, OR 97408
Telephone: 541485-1700 Fax: 541683-7722 www.wildish,com
An Equal Opportunity Employer
Attachment 1-11
AUG 1 4 2009
Original Submittal tI X-
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Exhibit B-5
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c~ The proposed annexation will result ina boundary in whicJJ, the ininimum level ofk~yurb~ 'facilities and ,: .,
. services as defined in the Metro Pimfcan be provided iri an orderly, efficient and timely manner as outlined in "
the enclosed Annexation Agreement.
. . '. .
. " .
, .
D. FiscaJ inipactsto the city arealso addressed in the Annexation Agreement.
In regard to issues raised duclng'the Pre-subnrlttal meeting of Apri121, 2009, enclosed please find a font~
'. corrected legal description, as well.as maps pertaining toMcVay High""ay ~d the location of water, sanitary '. . .
sewer and electric utilities,' The McVay Highway right'7of~way is of variable width, a#dthe paved surface is .'
approxiiriately 33 to 45 feetwid~. Provisions for the location of a<.:cesspoints are specified in the Aiinexation '. '
Agreement, an4 utility connections Will be deW1edinfuttIre. deve1opfuentproposals.,' ' .'.'
" ., ," . '
, ,,'
. Wehav~no specific dev~iopment p1an~for the land at 1hi~ time. Coupled wIth.its i~c1usioriW1thiri ,the" '
GlenvvoodUrbailRenewal pistJ:ict and anEriterprise Zone; we believe the size and location of this property "..' '.
create a significant opportunity for meeting th~ neighborhood's and citY's, development goals. Annexation is the. '
fIrst necessary step t()ward this reali,zation.' , ' ., .' ,
. . " .
Thankyoufor your assistan6e'inannexing this property. ..
.....~~..
, Randall S. Hledik
Director, General Services
Enc1s
cc (w/o Enc1s): Mayor
City Manager
Date Received:
AUG 1 4 2009
Original Submittal 17 ~
Attachment 1-12
--
Application#: C SP 2009 -
For City Use Only- -
FORM 1
PETITION/PETITION SIGNATURE SHEET
. Annexation by Individuals
'[SDC 5.7':125(2)(b)(i)jORS 222.170(1)]
We, thefo(lowing "-property ownE:!rs .of the Jolloyving territory; consent to the annexation to the City of Springfield and concurrent
annexation,to Lane,C:ountyMetropolitan Wastewater Service District andWillamalane Parks and Recreation District, as deemed
necessary: --
Map and Tax Lot Number
(example: 17-04-03-00-00100)
./"
land Acres
Owner (qty)
Signatu~e: '.
PrintName-
S" TI.\oS
1.
:rA,\MesA...LUil&,if>k; Pl'eS
x..
~ X
rt
Pi 4'Ev.:~e.VI:eAHe,^ X.
C)
~ 5. 3&.~B
~ Note: With the (3bove signature(s),I am attesting that I have the authority to_ consent to annexation on my own behalf oron behalf of my firm or agency. (Attach evidence of such
rt authorization when applicable.)'
f-l
~I,
w
y
'"":Q.~\A.C\a.:H- 'S.\-\\ed:IK
f/!J~eWR I/&d
(printed name -of circulator), hereby certify that every person who signed this sheet did so in my presence.
- . ^ - "
. .-. (signature 'of cirtulator)
CERTIFICATION.OF OWNERSHIP' .' ._
The total landowners in the proposed annexation are '. ,-a, (qty). This petition reflects that '2.. (qty) landowners (or legal representatives)
listed on this petition represent a-total of ,. 100 (%).of the landowners and iOo (%) 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.
r:2kc0~~, ,
Lane County Department of Assessment and Taxation -
- -
13 of 20
tIj
><
::r
f-'-
t1
f-'-
rt
tJj
I
O"l
~-Ifi-Or-
Date Signecl alJd Certified
Exhibit B-7
"
FORM 2
" "
, ,>
. "
. "
OWNERSHIP WORKSHEET ','
, , ,
'\rhisform'is NOT the petition} ,
.~ __~ 7""- ..-
(Please include the name and address of ALL owners regardless of whether they
signed an annexation petition or not. '
OWNERS
.Property Designation Assessed Imp. Signed Signed
, (Map/lot' number) ,NamebfOwner Acres Value' :Y IN Yes No
. '. , , " ,"
18-0'3 ~ 02,,4 2.0 t.S.ld'iS\... ,~ <:'0. " "
,
~7.00 .. , .. . 1.4,q I", .',' . y )( "
BltCf..\ B"L ,,' '"
, " '.' '',<,'is " ' ',' , ,14
" ,3 ~ DC> '2.tJ.lfo-L X
"
-0 Z ~ '.~i. t.vi\a\s""~d .. " ,
Ie, - 03 "C,0"", '.
'" , , ' '," ' , " " , q.~in 9
3 eoo (\q-Dl) " , 1.07 t-.\ X ,
, " _~~;~ (,4- i~) S,b9 ' , '. ' ,
, 10 n9 N ,.X "
"5- 03-61,-io E ~Cte'" e' Al \~ 'CotP , , " ,
I" , ,
, " " ... ", o.ri /00'1 Y X
,,3000 ,', , '23'
'"3 \ 60 S, '9 Z'z~ i.to8 '< X
, , , ,
,
: "
,
TOTALS: 36.Z.8> \ ,1Olc> I ~ <19
TOTAL NUMBER OF OWNERS IN THE PROPOSAL
NUMBER OF OWNERS WHO SIGNED
PERCENTAGE OF OWNERS WHO SIGNED
TOTAL ACREAGE IN PROPOSAL
ACREAGE SIGNED FOR
PERCENTAGE OF ACREAGE SIGNED FOR
TOTAL VALUE IN THE PROPOSAL
VALUE CONSENTED FOR
PERCENTAGE OF VALUE CONSENTED FOR
~
~
, 00
3B.'-B
~e. z.B
\00
"'LO ~ 69 9
SQ9
100
Attachment 1-14
".' . "
14 of 20
Exhibit B-8
FORM 3
,; ,.
'", "
",'.. "SUPPLEMENTAL INi=bR~,ATtON FORM,:
.. ,
,
, ",',
(Complete al/lhe following questions i/nd provide all the ;equestec/ information. Attach
any responses that require additional space, restating the question or request for
inforf!lation on additional sheets.)
Contact Person:
E-mc,iil:
'~o.-,^-d~ 1 t .~ \ed. t k'
, " '"""'\ e d ~ 'K@_ ",~ ~ \c\ ~ S~ ~ LO~
, . '
'.' :SUPPIY thefollowinginfo~l11i)tion regardingthe'annexation arRi'
'.:EstimatedFopulation~atP"~sE!nt}: ,':' .", p)' .
.N~mberof ~xi~tingReSidentiaIUnits:',~ "'," ," "" ,,'
· Other, Uses: ,:..'..'" 6~~\~~/S+6f'd~~/S\\oP~~\~~ 'J\~S,'
~Land Area: ," 36;"2.8 tot'al,acres ",."" ,',', "."""" ' ,:" ,.,. "" ,"
.. Existing Plan DesignatioQ(s): .. L\~ "'\-t'~ c:\~~",:t~~,.~ \ "--~ ..... .
.Existin~ Zoning(s):, ,':L\~k\-MeJ,lA.~ ~d.u.~~~ 0..\:, ,,'
. f:xisting Land Use(s}: e -\-0 '\-\ -ea: \J "E.'" \ W\e lA. f-r'fcX~,,^\\A C'C2M~
· ,'Applicable Comprehensive Pla;~(s): ' E.'u.:-e-V'€. -f'~' , .' 0 ~..~ '~-0r(L\ ',', '
,. Applicable Refinement Plan(s):, G\eV\ woex:\
,
" ,"
· Is the proposed use or development allowed on the property under the current
-
plan designation and zoning?
Yes No N/A
Page 15 of 20
Attachment 1-15
! I
Exhibit B-9
Does this application include all contiguous property under the same ownership?
:' , J " , , ~ , ,
Yes )( f'J 0: " , ,
,if no, state the, ~e,a~ons ,why ~'II prop~rtYis notincl,l.Jge~: ' , ',:
- . . ,
, 1<,
" '.
,-' ,
" ,
, · Ch~ck 'the special districts ,and' others that provide service to the annexation
, area:,
, ~'Glenwood WaterDistrict D Rainbow Water a'nd Fire District
, ,'~J Eugel1e School DistdctD .~ Pleasant , Hill ~ch691 Distric:t
". ,Jjr' Sprin9fi~ldSchool District, D M(:Kenzie Fire & Rescue
, D, pleasantHill,RFPP" D Willakenzie'RFpD"
,0 EPUD ]X. SUB ' , . .~\
.' .., ,.""',' , , ,." "'" ,'L,,~~Cou.~-\-i} LA~e. qO\l4~II.~\~~
',' 'rlWlllamalane,Parksand Rec DlstrlctlXOth~r ~o\\-€Qe) '\ftw2,', ,~o:\\\l"~+-:,~ S~V\~
", . ,',',',',' ',,' , ," ," ,'~s~'tc..t)Q\~\.U~~\,o...""'"
· Names of persons to whom' staff notes and notices Shou~-e~~~ ~~:)ddi~i~n to;' ",
applicant(s), such asan agent or legal represEmtativ~.' . .,
, 1<~'~c\ ~ \\, \-\ \~c\\'K
(Name) , (Naine)
;" \' "
(Address) , , (Address)
(City) (Zip) (City) (Zip) ,
(Name) (Name)
(Address) (Address) ,
(City) (Zip) (City) (Zip)
Page 16 of 20
Attachment 1-16
Exhibit C-l
i i
I
r
;
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After RecQrdingReturn to:
'City of Sprlngfi~14"
PublicW orks 'Department ,',
, 225 Fifth street,' "
Springfie1d~ OR 974.77
AUn: ,Engineering Division
Place Bar Code Sticker Here: '
, ,,', ~
,'J' .
. ". ,
. . '. ,
. '. , .
, ,
" .' .'., . '.' .', "
" " This Annexation Agreement ("Agreement") is made between the City of Springfield~ an
Oregon municipal corporation ("City") and Wi1dish Umd Co. ~nd Eugene All~nCo1]i.. '
(",APPLICANT"). ' , ,
, RECITALS
ANNEXATION AGREEMENT
A. iAp,PLICANTowns the parcei(s)~fiandlega,llydes~ribed in Exhibit A, the Property, and"
" ,shown on the map at~~chedas E(Chibit B.Theproperty is proximate to thejuiisdictional1iD1its
'of the City and is subject to, amiexation by the City of SPringfield following minor tiotindary ,.
charigepro~esses. " . ,
'B. APPLICANT has submitted to, the City a request for an AnnexatIon Agreement,datedi amiary
31, 2008, for Assessor's Map No. 18030220 Tax Lots 3000, 3100, 3200, 3300 & MapNo.
18030232 TaX Lot 3800.: "', " ' ,
, C. APPLICANT wishes to annex, the Property to the City arid seekssupport'from the City for the "
annexation.
'. . ,
, . . .
, "., , . '" ' " .
D. The Property is currently designated as Light MedIum Industrial (LMI) on the Metro Plan ani{
is zoned LMI with Urbanizab1e Fringe Overlay (UF-10) according to the Springfield Zoning
M~. '
E. Annexation of the Property requires a showing under SDC 5.7-125 that the Property can be
provided with the minimum level of key urban facilities and services as defined in the Metro
Plan Policy 8a and 8b~ p.II-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 exception of public
wastewater service, public stormwater management service, street connectivity to adjoining
property~ and Fire and Life Safety services that fully meet City Standards. Applicant's
adherence to the requirements of this Agreement will result in the property being provided with
the minimum level of key urban facilities and services for those uses authorized by the current
zone. However, in the absence of a development proposal, City cannot represent when the
orderly and efficient delivery of service might occur or whether or not the timing of availability
of each service will be consistent with the requirements of any future development proposal.
With reference to the provision of water and electricity, the City will rely upon Springfield
Utility Board to indicate the availability of such services.
F. The purpose of this Agreement is to memorialiie APPLICANT~s and City~s commitment and
agreement to the allocation of financial responsibility for public facilities and services for the
ANNEXATION AGREEMENT-Page 1 of12
Attachment 1-17
Exhibit C-2
Property and other users of the fadliti~s, suffici~nt to meet the City's requirements for the
provisioIl of key ur~~n services,' inciuding long t~nTIp~~lic.wastew~ter, ~to~water' ,\,
management systems; ,ir1terconnecte9 trahsp'ortation system~,: apd Fire ap.d Life Safet)'servic~s ,
, nec~s~~ Jor : an' a,ffirmative City n:comm~ndatiol1}or the annexati,on request. , ':' ,,' ,: ',"
. ". ' , . ',' "', ,,". J .,;
G. Apublic wastewater system with sufficient capadty to serve the Pro,perty and ()ther existing
,: and proposed land uses in the vicinity of the Property is necessary to support a finding that this
key urban service i~ available to serve the ,Property~ '
. . ..
, . . "
. The Property is currently provided pub1i~ wastewater service by ail 8-i~ch diaIlleter iine
located near the wester! y boundary of the Property near the intersection ofNuggetW ay and
~cVayHi~way.~hi~ line~ ~~nstructed in 1999, flows west in Nugget W~y,theni1orth,,' '
"mto the Nugget Way LIft StatIOn at the corner ofN~gget Way and East 19 Avenue. A 6., ','
". inchpiessur~ line then extends from the lift. station within East 19t~,Averitie, H~nderso~, "
A v~nue,and 'East ,17th Avenue to a gravitY main iri G1enwoo,d Bou1ev~rd. Tpe pub1i9sewer , '
"syst~describedln thIs reCital is hereinafter referred to as the '~Nugget Way Sewer". '
'. ' : :.. . . . . ,. ' ,,' . ~ '. .', . . . " .' .
. 'Purstiant to the'City's recently adopted Wastewater M.aster P1an'prepar~dbyCH2MHill in,'
2008 arid recent City improVements and testing to reduce infiltration and inflow into ,the "
N~gget Way Sewer, sUfficient capacity ,exists to s~e the Properly under th.e Current'
Zoning. " ", , , ' , , ,
. The Nugget Way Lift, Station was designed to accommodate a peak flow of up to 672 ,
gallons pertninute (GPM) fromsdurces'locate~ on the Property, as well (lS from sources
with property: frontage along Nugget Way and Newman Street. Recent drawdown tests
performed by Metropolitan Wastewater Management Commission' (MWMC) staff show the'
finn capacity of the lift station to be 642 GPM. Development by APPLICANT or other '
parties adjacent to the Nugget Way Wastewater System that 9auses flows to exceed the 642
GPM maximum firm capacity in the Nugget Way Wastewater System would require
additional wastewater sewer service. '
. The Nugget Way Lift Station was sized to accept sewer flows from a basin of
approximately 85 acres, of which the subject Property comprises approximately 40 acres.
The proportionate flow share from the APPLICANT's 40 acres is 300 GPM, based upon the
firm capacity of the lift station. Development by APPLICANT that causes flows to exceed
the designed 300 GPM from the property would require additional wastewater sewer
service.
H. A stormwater management 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.
· A public stormwater management system with sufficient capacity to accommodate adjacent
roadway storm water runoffwill be necessary to support a fmding by the City that this key
urban service is available to serve the Property.
· It is presently unknown whether future development of the properties located in catchments
three and five of the City's approved Stonnwater Master Facilities Plan as approved on
ANNEXATION AGREEMENT - Page 2 of 12
Attachment 1-18
Exhibit C-3
October 2Q, 2008, will require treatrilent and ,convey~nc~ of stormwater on; through, or ,
, ,across tqe Pr:op~rty. ' ". '. '" '" ',' :':',,': ':, ',' 'i;, ,
",,' ,
, . .' ,> >,' , ,-,',; : . ~ : _: ,'j " '. , ',' , ' , . .' > : , > " ',' ',: ;
· SectionL,4'ihcluding su,bsectionsl,A.l 'through 1.4.7 implement this RecitaL': ,:,'
" .. , ,< " ,." " , - . , " . ", .',' l,'
I. An intercOlinected tia~spo~ationsy~tem ~i'th the existing and proposed land uses'in the
vicinity Of the Property is 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 Prpperty is bounded to the West by McVay Highway; cUlTeiitly ()wned and operated by
the Oregon Department of Transportation (ODOT). McVay Highway is an unimproved
" twoiane striped asphalt Illat streetwitha center turning lane along a portioIi,oqhe '"
, APPLICA:NT's Property frontage: Mp V ay Highway'is not improved to full prbari " ,
, Standards.' . ,'. '
'~. I',' .
· NuggetWay interse,ctsMcVayHighway6n thewestside ofrvIcVay near thenorthem '", ,
" portion of the APPLICANT's }>foperty fmntage. Nugget Way is ~lassified QyLane County, '..,'. '
, , , as Local Access Road (LAR) and is under CouqtyJurisdictioIl; aq,d contains curb, gutter, a,
limited dfainage systeITiano alimited rmmberof street lights. Nugget vi ay IS not improved
\, ,'. ' ," .,'.' " .,., . ',- ,.."", "
~o full Urban Standards. There, is no public maintenance by City or Latle CountyofNiIgg~t
'Way. '
1. ' The'minim,um urban level offi~eand lifesafety servicesIiecessarytofullyineet City ~taIidai-ds
may be cUrrently available to the Property. The pr?vision .of additional services may be . .
necessary for uses that require improved re,sponsetimes or other Fire and Life Safety services
or equipl11ent to ensure City standards are met. . Additional services maya1so be required in the '
event a 4eve10pment is proposed foi'the pmperty which impacts road capacity and adversely
effects response times. . " ,
J . . .
K. Portions of the Property are located within the floodplain and floodway of the Willamette
River, as depicted on the Flood Insurance Rate Maps (FIRMs) issued by the National Flood
Insurance Program (NFIP). The APPLICANT has submitted to the Federal Emergency
Management Agency (FEMA), with City and Lane County concurrence, a proposed Letter of
Map Revision (LOMR) to the current FIRMs. These maps have been reviewed by FEMA and
result in changes to the floodplain and floodway in the area of the proposed annexation. The
new FIRMs will become effective July 27,2009.
L. 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 foran 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.
M. With respect to BOLl wages, the parties understand that Applicant may construct infrastructure
with its own resources and funding that may, ultimately, be turned over to the public. In such
event, current BOLI interpretation would appear to exempt such construction from BOLI
prevailing wage requirements. This document is written in light of current BOLI interpretation.
In the event such interpretation were to change, Applicant shall defend, indemnify and hold
ANNEXATION AGREEMENT - Page 3 of 12
Attachment 1-19
Exhibit C-4'
harm1e,ss City frc,m aii'cl~lin~, causes of action, attorney fees, wage claims and cos~s arisi~g out ·
of any change iti.suchinterpretation. ", ' .' '; , '
, ,'.' ", , , ' . ~
, Now; th~refore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties airee as follows: ", ': "" , :','
AGREEMENT
',' .' ' ,
, '. . '< .' "', ; " . '
1.' Obligations of APPLICANT. Consistent with theabo~e Recita1~ ~d subject t9 th~issuance of Site
'Plan and Public Improvem~nt Plan approvals, AP,pLiCANT shall perform the requirements and
" 'obligations setf~rthin this section. , '. ' ,
"
, 1,.1. Apply for;andobtain,Tent~tive Site Plariapprova1; pursuantt~ the applicable Spri~gfie1d
DeveI()pmeiitCode ~ections.,. ThisParagniph is subject to the requireIilentsof8eCtion 8"
,below. . ' , .., " . ..
1.2. Appiy for, and obtain, Final Site Plan approval, pursrtant to, the appllcabl~ Springfield "
'D~veIopnient Code Section~i'in effect atthetimedeve~opment ispropo~ed~ ThisParagraph is
subject to the requirements ofS.ectioh8~ below. ' ." '
1.3. . Secure City Engineer approval of any nece~sary Public Improvemerit Plans, Final Inspection,
~ubmitta1 and approval of any necessary As-built Plans and Acceptance by the Common
Council prior to' Occupancy. Approval for any new structure on the Property is contingent
upon development of on-site and off-site public ~astewater conveyance systems to provide
wastewater service to the deve10pmerit as follows:
1.3.1. In the event development on the Property exc,eeds the planned sewer flow of300 GPM,
the APPLICANT must develop additional on-site and/or off-site public wastewater
conveyance systems to provide wastewater service to the Property.
1.3.2. If capacity of the Nugget Way Sewer cannot be increased to accommodate additional
flow, APPLICANT shall participate in the construction of a new trunk sewer line
("Trunk Sewer") by paying to City a portion of the estimated cost tocortstruct the
Trunk Sewer; the amount shall be proportional to the APPLICANT'S use relative to the
design capacity of the Trunk Sewer.
"-.-
1.3.3. In furtherance of the requirements set forth in this paragraph 1.7, APPLICANT shall
fund the purchase and installation, in an amount not to exceed $10,000, at a location
specified by the City Engineer, of an approved flow meter to monitor wastewater flows
in the Nugget Way Sewer. The City will accept ownership and maintenance
responsibility of said flow meter.
ANNEXA nON AGREEMENT - Page 4 of 12
Attachment 1-20
Exhibit C-5
1.4
. .' , , '
1.3.4. . APPLICANT shall bear the full cost'and obligation to desi~, construct, and:maintain
until accepted by Ci.ty the onsiteproposed ;wastew~t~r 'systetP that connects: to *e ,
existIng public system, inclqding but not, limited to associated easemen~s; engine~ring
, c.osts, permit applications and fees, legal costs, construction' and ins'pec~ion 'costs, and
, the'prepar!l~ioriof A.s~~:ui1t Plans.
1.3.5. Concurientwith approvaiofany application for the iniHaldiscfetionarydevelopmehto~
hmd division for any portion of the Property, APPLICANT ~ill provide financial
secuntyacceptab1e to the City for all costs associated with the above described
(SectIoh 1.3 et seq.) wastewater system construction. ApPLICA.NT'is directed to
Paragraph '13 of this Agreement concerning.curierit requirements in relation to, .
regulations of the Buteau of Labor and Industries (BOLI) and the paYment of prevailing
rate of wage. The cost of all publiCly funded public improvements shallbe estimated ".. '
based upon the prevailing ra~e of wage ahd finanCi,a1 security shall be~dequate to
. 'providefor,thepaYJ11ent of s~id, prevajlingrate of wage.: ", ,'. . " ,
Secure CitYE;ngineJr apprbviil ofanyne(;essary Public Improvement Plans,. ~inai Inspecti()u,
, submittal and approval of any necessary As::built Phms' rind Acceptance by the Common ,
Council prior to,Occuparicy. Approval for anyne~ stnigtuft~'ori the, Property is con~ingent
upon development of 6n-site and off-si.te stormwater management systems to proyide drainage
'service!o the development as follows: '.,. , ',. , ' ,. , . ' ,
,: ;
I ,:< !
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'" ".,'., ., ", , .
1.4.1 APPLICANT'shall be'required to provide and be, firiilllcia~lyrespo~~ible for provision "
" and constrUction of a stormwater management system to serye the Property and its'
i relat~d public improvements. ' ' , ' ,
1.4.2 'APPLICANT shall prepare the stUdies, plans, permit appiications, and otherstipporting
documentation necessary to obtain the permits and other approvals necessary to
construct the stormwater management systems described in Paragraph 1.4.1, above.
104.3 APPLICANT will develop the Property in accordance with storirtwater quality"
measures in effect at the time of development application submittal to detain, retain, and
infiltrate runoff. The standards for stormwater quality management shall be those set
forth in the City's Engineering Design Standards and Procedures manual ("Manual"),
as said Manual may be amended over time. Particular attention shall be paid to
mitigating impacts from pollutants for which Total Maximum Daily Load (TMDL)
standards set forth in the Manual have been, or will be, established by the State of
Oregon.
1.4.4 Except as may be specified or required by Section 1.6.5, APPLICANT may develop all
or part of the stormwater management system pursuant to this Section 1.4 within the
Riparian Corridor as described in Section 1.5 below.
1.4.5 APPLICANT shall bear the full cost and obligation to design, construct, and maintain
until accepted by City the proposed stormwater management system that connects to the
existing public systems, including, but not limited to, associated easements, engineering
ANNEXATION AGREEMENT-Page 5 of12
Attachment 1-21
Exhibit C-6
., r,
'costs,'pennit applicatIons and fees, legal costs, construction~d inspectiollcosts,' and
th~ preparationofany negessary As~buil~Plans. ',,'<::"
".1.4.6 Concurre~t with' approval of ~ny,appli~ati9n for,thdnitial'di'sdr~tionary deve1~pmentor' '
land divisio,Afor'cUiy porti~n of tl1e Property, APPLICANT willpiovide financial' '
securityapceptableto the City for all costs,associatt~d with,the public storInwatei '
'management system construction. APi>LICANT is drrect~d to Paragraph 13 of this
Agi-eenient concerning current requirements in relation to regulations of the Bureau of
, Labor and Industries (BOLI) and the payment of prevailing rate Qfwage. The cost of ,
all publicly funded public improvements shall be estimatedbasedupol1 the prevailing ,
niteofwage, and fillanpiai se9urityshall be adequate to provideforth~pa~entofsaid
prevailing rate of wage. , ,,' , ,,'
1.4. 7 "APPLICA~T'a~ees that it will ~ooper~te with the' City in detfirmirlingthe mo'st,'
, efficient and appropnateway of treating al).d conveying storIDwater from properties
located in catchnlents,threeand five bfthe City'sappiovedSto~water Master', "
, Facilities }>lan as approved onOctoher20, 2008. To tl1eextentthata public~~onnwater '
system is required to treat and convey storniwater on, through or acrdss the property,
'City shall first wor~withAPPLtCANT to, detennineifexisting, easements on the
property inaybe' utilized J01:' ~uch treatment, and conveyarice. In the' event ,existing
e,asements onthe property are insufficient for treating 'and conveying stormwater, City
may condition a development application as set forth in ~ectiori lOB. Further, no~hing
herein shall be constiuedas a limitation upon the City's right of emi1:1ent domain. ' "
1~5 As a component of each deve1<,>plIleptapplicatlon for theProp~rty~ APPLICANT shall be
required to reserve sufficient lands along the frontage of the Property with the Willamette
River to provide a riparian corridor. The area of the Property reserVed for this riparian
corridor shall be as specified in the Springfield :peve10pment Code Section applicable atthe
, time development is proposed. APPLICANT may also propose using this corridor to meet or
partially meet requrrements of the Willamette River Greenway setback and provisions of the
Clean Water Act as required in the Springfield Development Code Section applicable at the
time development is proposed. Though the City cannot provide any guarantee that the City's
approvals will begi-anted, the City will process such proposals in accordance with City
standards and procedures. '
1.6 Secure City Engineer approval of any necessary Public Improvement Plans, Final Inspection,
submittal and approval of any necessary As-built Plans and Acceptance by the Common
Council prior to Occupancy. Approval for any new structure on the Property is contingent
upon development of on-site and off-site public street systems to provide interconnected
transportation service to the development as follows:
1.6.1 APPLICANT shall be responsible for frontage and public transportation
improvements for that portion ofthe annexation site abutting McVay Highway from
the annexing Property's northern property line southward to the base ofthe bridge
where McVay Highway begins to cross over the existing rail line.
1.6.2 Roadway improvements shall be subject to transportation infrastructure plan policies,
development and building code criteria, design and construction standards, City
ANNEXATION AGREEMENT - Page 6 of 12
Attachment 1-22
Exhibit C-7
irttersection control specificatio~s, and as~ociated fees in effect at the time of
development. IfOROT is ,th~ road ,authority ,at tt~e transportati,on, itnprovements are :
1I1~de, then O~<?T bcmstructiorl st~dard~'alldperri1~tting requireo/~n:ts shall also he
met, ,,', "':"',' "
. ',j-,
" ,
, 1:6.3
The annexing property will be accessed from no mor~than two points: one at the " "
intersectioIl of McVay Highway and Nugget Way, and one at the sotitl1em end of the '
property as determined by the City Engineer during; site deve10pmellt. "~f ODOT is the '
road authority at the time improvements are made, 'thell access points are also subject '
" .' ,.',," '. ' . ,
to ODOT access p~fm~tting requirements, and approvals;
1.6;4,. APPLICANT'is responsible focone half the cost ofiIitetsectioncontrol,as specified
, ,'by the, applicllb1e'rO,~d . authorities, at fP.eMcVay HighwaY/Nugget Way intersection. "
, 'A;PPqCANT isrespotisible for th~ fu1icost ofimproverrl.ents at the propertY' s "
" ,southern ab~ess location. 'Inthee~~nt 'that 'additional rightof\tliy'isneeded for the' '
" intersectioll improvements to theMc y ayfNugget interseCtion, and t~e future southern',
~cces~poiI1t,that ri~t ofwa.ywill'b~pro~ided bythe1\PPLI~ANTat 110 cost to the ','
public.:' "
1.6.5' U~Oi1 annexation, APPLICANTshall dedicate a 20-foot wide public easement along
the WillaIrietteRiver riverfront within the 75 foot ripariall set~acksufficieD.t for that
portion bfthe G1enwood Riverfront Path required' and depicted on the arinexing
. . I " '. '. " "., '. .
"property in the G1enwood Refinement Plan, the Willama1ane Comprehensive Plan and
TransPlan. It isthe Citis intent to acquire the right of way for the Glenwood
Riverfront Path from the Applicant and other property owners abutting the river at
time of annexations. The Applicant will not be required to pay for the construction of
the bike path on the G1enwood Riverfront Path.:It is the City's intent to locate the path
as close to the river as is feasible, consistent with topography and requirements ofthe
Clean Water Act and other land use and envirorirnenta1 restrictions' and requirements
so as not to unduly impede APPLICANT's ability to use the land within the riparian
setback for uses permitted therein.
1.6.6 APPLICANT shall provide future right of way to the public, at no cost, for the
installation of a public transit stop to the east of the existing right of way should a
transit stop be located along the frontage ofthe annexed property.
1.6.7 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other approvals to
construct the transportation systems required at the time of development.
1.6.8 APPLICANT shall bear the full cost and obligation to design, construct and maintain
until accepted by the City the transportation systems required at the time of
development, including but not limited to associated right-of-way, easements,
ANNEXATION AGREEMENT - Page 7 of 12
Attachment 1-23
Exhibit C-B
engineering costs, permit applications and fees, legal costs,' constru,ctidn and: .
in~pection cQsts, and the preparation of As-built plans. ' . "
! ' '! " '
, ,,' ,
,', " - . J - . .' , " , , .
1.6.9 Concurrent with approval of ariyapplicatio'n forfue discretionarydevelo'pnitmtor hind
, , divisipn for any poition of the Property~' APPLICANT will provide firiancia1 security.
, acceptable to the City'for all,costs flssoCiate4 with the" above ttansportation system ,
, construction. APPLICANT is directed to Section 13 of this Agreement co'ncerning
current requirements in relation to regulations of the Bureau of ,Labor and Industries
(BOLI) and the payffient of pre~ailirig rate of wage, ' The cost of all publicly funded ,
,public improvlmlents shall be estimated based upon the prevailing rate of wage, and '
financial securitY shall be adequate 'to provide for the pl:lyment ,of said prevailing rate
of wage.. ' ',' ' ,"
, " '. ,1.7 ' Provide andpefinan~ially re~pon.sib1e forthepro~isi~rI ofanyadditio~a1 ud:lan faCilities ahd
, . services identifj.ed during the' review and, approval of the Teritative,'Site Plan and/or the Public '
, ")111provementPlansas necessary to serve the deve10pmerIt of the Property, including the "
constriIctionaddmaintenan.cethereof.' , " " "., '
1.8,,' Indetefminmg APPLICANT's share of costs forthehnprovementsde~cribed in this
Agreement, the full Co'st for the pnJvisioIl of th,e 'Improvements' ~t the time,o'f~onstructlon '
shall be u~ed." For the purposeso'f this Agreemen!, the full cost shall include design". .' ,
constrriction,acquisition ofland and/or,easements; studi~s,peni1its fro'ma1lagencieshaving ,
jurisdiction,attOiney's fees, and all other costs reasonably associated with the implement~tion'
of the n~~ded improvements. ' , ' ,
2. Obligati<?ns of City. Consistent with the ~bove Recitals, City agrees to:,
, 'j
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r'
, , .
2.1 Initiate and. support ~exation of the Property to the City before the Common Council and
support APPIJCANT's defense of any appeal of a decision to the City. However, the City
will not assume any financial responsibility to provide legal co'unse1 on appeal.
2.2 Conduct the timely review and decision making of the Tentative Site Plan, Final Site Plan,
arid any necessary Public Improvement Plan applications in accordance with City procedures
for the deve1o'pment o'f the Property. '
2.3 Work cOoperatively with the City's urban renewal agency ("SEDA"), to foster and provide
support, including financial support, through the adopted Glenwood Urban Renewal Plan fo'r
public infrastructure and activities enhancing the development and redevelopment of
Glenwood property near and along McVay Highway.
2.4 For costs associated with off-site public improvements, City shall, in accordance with
applicable Springfield Municipal Code requirements, credit APPLICANT for Systems
Development Charges.
2.5 In the event City requires a public improvement to' be o'verbuilt for public use by o'ther than
the Owner of the property ~d provides public funds to assist with such overbuilding, City
shall reimburse Applicant its increased costs associated with such overbuilding (e.g., if
oversizing increases the width of a pipe from 8" to' 12", or the City requires an o'therwise
larger, different or additional facility, City shall be responsible for the differential cost of that
ANNEXATION AGREEMENT - Page 8 of 12
Attachment 1-24
Exhibit C-9
1 ;.
project, if any"incl~di:n:g~y diffcrenceJ?etween non-BOLl prevailing wage rates and
applicable BOLIIpr,evailingwage rates 'that Applicant may incur as a result of such , . '
overbuilding reqrnrefuent:, In the case bf the qversizing example d~scribed above,' City woul~ ' .'
be r~~p6nsible'lor th~ difference betwe~n.thecost pfa: 12'; pipe illst,!-ll~d ~t prevailing ;~ages'
. rates and the cost of and 8" pipe installed a! rates applIcable if the' pipe)ris,tallation were not
s~bjed to prevailing rate requirements.) , .', . . '. ' , . . . . . "
3. Therequirenients of Sectioill are baserequirements in order to secureannexatiori approval.' In the'
" event that the Comprehensive plan d~signation for the property and zoning on the properiYis .
. changed prior to submission of anydeve10Plllent application for the property, then City will, in
addition to the requirements of Section 1, apply the development standards in effect at the time, of ,
. sU9h application(s) forthep~~ose ofreql.l.iringphblicstfeetimprovements (S~e S~ctiotl'lOB).: .
, .' "," ., " , "
I "
I
I
4. '.' Co~eml~ts 'Runnin~ With. the Land. Itjsthe'i~tentimi ~ftheparties that the .covenantsherein are.
.' . necessary for the aluiexation and development of the Property and ,as such. shall 'run with the '
,'. . : Property and shallbebindiIig up(jrt theheirs,~xecutors"as~igns, admiIlistrat()rs,and sliccess()rs of
. . t4e parties hereto, and shall be construed to be a benefit .toand burden upon the P~op~rty. 'This .
. . Agreement shall be recorded, at APPLICANT's expense, up'on its execution iil the LaneCourity , .
. , '. 'I)eedsand Records.':[his Agreemerit may be assigned by APPLICANT and shall cohtinue to apply.
'to anyassi~s Or successors in interest to APpLICANT. ExecUtionofthisAgreement isa " .
, precondition to the s~ppoi1: of, the City forarulexation of the Propertydescrib~d iri Exhibit A to the
'City, Accoidingly,the City retains all rights fore]]forcement Of tbJsAgreemerit.
',,"", ,> ':. :. ' .',,' , '. .' ,'", ,:. .
. , "., " , " , , '". .
5. Limitations on the De~e10pnient. No' portiori of the Property shall bedeve1QpedprioT to the .
. approval of a Tentative Site Plan and ally i:1ecessary,Public Improvement Plans for the wastewater
syst,em,stonnwater-management system, and tran~portation system for the proposed development. '
. , ". ..,
6. Mutual Cooperation. City and APPLICANT shall endeavorto mutually coopeJ:'atewith each other
in implementing the various matters contained herein: ' .'
7. 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.
8. Modification of Agreement. This Agreement may only be modified in writing signed by both
parties. Any modifications to this Agreement shall require the approval of the Springfield
Common Council. This Agreement shall not be modified such that the minimum level of key
urban facilities and services as defined in 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.
9. Land Use. Nothing in this Agreement shall be construed as waiving any requirements ofthe
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
ANNEXATION AGREEMENT - Page 9 of 12
Attachment 1-25
Exhibit C-IO
to provide :approva1 of any building, land use, or other developme~tapplication or ,Land and
Drainage Alteration Program (LDAP) permit application 'submitted by APPLICA~T., ',,', , "
;APPLICAN1)sresponsil?le for obtaining, at APPLICANT's expense, ,all State:aIlQ/<?r:Fedeml '
'P~nTIits~h~any other ,appr6v~lS:as may be required.' ' " ' , ,
10.A) Dolan.' APPLICANT ~ows ~nd underStands itsiights underDolan v. Citv Of Til:iard (512 .
U.S._114~. Ct. 2309, 1994) and by entering into this Agreement hereby agrees that the
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 LMI development and to the impacts of the development of the
, Property. APPLICANT waives any cause of action it may have pursuant to Dolan v. City of ' · ,
Tigard and cases interpreting the legal effect of Doh in arising out of the annexation of the property
as currently desigIlated LMI on the Metro P1ahand as zoned LMI (UF-l 0) on t~e'Springfieid '
Zoning map. " '.','
~)In theeveritdeve10pmentapplications are submitted after anydhange inth~comprehensivep1ati' ,
, " , designation arid zoning on the property occurred (frmn LMI toanotherdesignatimiaIid zoning), ,
then the roughly proporlionalprincip1es ofDo1ansh~l1app1y toal1Y requirements for public ' " ' ,
, improvements, which are cbnditions imposed by the city in excess 'of the requirem~nts ,in Section ','
,'1..' , " , " , ' ",
" U: Ballot Me~sure 37..APPLrCANT knows and understands any rights itmayhave unde; Oregon ,
QRevised Statutes (ORS) Chapter 197 .as amended by Ballot Measure 37 passed November 2,2004.
APPLICANT for itself and its heirs, executors, assigns, administrators arid successors hereby, ,
, waives any claim or ~auseof action it may h~ve under such ORS Pwvisions against the City.,
12. Invaliditv. Ifanyprovision of this Agreement shall be deemed unenfor~eable or invalid, stich
enforceability or invalidity shall not affect the enforceability or validity of any other prqvision of '
this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights
and liabilities of the parties p.ereto shall be,determined in accordance with the laws of the State of
Oregon.
, 13. BOLI/Prevailing Wage Rate. The APPLICANT will require, as a condition of any publicly
funded contract for construction ofthe public improvements described in Sections 1.3, 1.4, and 1.5,
that the specifications for such contract shall contain a provision:
A. complying with the provisions ofORS 279C.830, with respect to the payment of the
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 ofORS279C.800 - 870, with respect to such PROJECT.
ANNEXATION AGREEMENT - Page 10 of 12
Attachment 1-26
Exhibit C-ll
Any cu],d all ,cost'estiinatesshall be prepared on the basis of prevailing rates ~fV(age.'
"'.', , ' I, :;
" """, ': t;i' ,,', :' ' , '., '.
DA !ED tps' l<! ":tlay of AugiIst~ 2009:: ~ ,',
',',
',,> '
rNWITNESS WHEREOF" the APPLICANTal1(I CIty hav~ execut~d this Agt~eriIent as of the date'
first 'herein above written. ' , ,
APPLICANT '
. . "
I
" ,:',
. OWNER,
,Wildish LaridCo...
. , '
Eugene Allen Corp. .'
, .j
\, i
"
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'. ,'.
" . . ,
" " . '" ,>, ' : .'
ST A TEOF OREGON' ),
}ss.:
. COUNTY OF LANE.'.., ).'
.. , '.' , . " "
BE IT'RE~,ffiMBEREl) that on this " J4thday of August, , 2009 before me, the undersigfied,a
notary' public .in and for saidCqunty and State:(, . personally appeared the within. named James A
.Wi1dish . whose identity was proved to me on the b,a~is of satisfactory evidence and who executed the
within.instrument and acknow1edged.to me. that James A. 'Wildish' executed the same' freely and
voluntarily.' '.' " . . '
'" ". " .
, ". ' . .
IN TESTIMONY WHEREOF, I have he~~~nto set my hand cmd affixed my official seal the day and
year last above written. "
OFFICIAL SEAL
GWEN ADAMS
NOTARY PUBLlC~OREGON
COMMISSION NO. 424427
MY COMMISSION EXPIRES FEBRUARY 28.2012 '
:l/:::J811~
.
My COMMISSION EXPIRES
ANNEXATION AGREEMENT-Page 11 of12
Attachment 1-27
Exhibit C-12
CITY OF Bp'RINQFIELJJ, "
" ,.
., o.
',J. ,'J,
By:'. .
',-" '
"" "
.~~," "~ 'L~\~
..~\ \~ 'l9~
,.' ;,
, ;
Gino Gri~ald~,City Manager, .'
I
I
,STATE OF OREGON ',) '.' .
, ) SS.
COUNTY OF LANE . )
BElT REMEMBERED t~at on this , . day of, ," ,:,.2009before~e,the
, undersigned,a~otary public in and for saidCouhtY arid State, ptrrsonally appeared the within named, "
. ,Gino Grimatdi whose idtmtity\yaspnwed to meon the basisof satisfactqry evideIlCe and wh,oby me'
duly' sworn, did say that he is the C,ity Manager ofthe~ithinnamed mlillicipal corporation and does ,
, acknowledge said instrurn,ent to be the, free act and deed of said municipa1co,iporation,aild that, the,,; ,
'seal affixed, to' said instrument is. the COiporate seal of said municipal cpiporation, and that said . .
", instrillnent 'Wassigfi~daIld. sea1~d 'in behalf pf saidl11unicipa1 corporatioJ;1 by authority of its Common
, .. Council.' ,.' '." .,,' , ' ',' . ". ".' '.. . ' , ; ,
.TN TE'STIMONYWHEREOF, I'havehereuntoset my hand and affixed lTIyofficia1 seal the day and
year l~st abdve writterl.' " ' " " '.' '.' . '
NOTARY PUBLIC FOR OREGON
MY'COMMISSION EXPIRES
ANNEXATION AGREEMENT - Page 12 of 12
Attachment 1-28
Exhibit 0-1
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TYPEIV-,A~EXATION , "
, ,'STAFF REPORT AND ,RECOMMENDATION
, ;
File Name: Wildish Land Co! Annexation '
';,. ",c
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Owner(s)/Applicant(s):Wildish Land Co. &. Eugene Allen Corp.
, " , '
Case Number: C, SP 2009 - LRP2009-00009
. . . .
, ,
P~oi>os~ILocation:Mostlyvacant industrial land lying ~astof Nugg~t Way between McVay ,
, " Highway ,and the west bank ofthe Willamette River, in Glenwood." , . ,
'," " " .' .' ,
'~~i.sting Zoning:'," Light Mediurn Ind~strhll (LM!) with Urbapiiable Fringe,Overl~y (UF~i 0)
.;' .," ",';. ." .,.' '
. . . . . .
. , ,.
top.ing After An,nexation:~MI '
'. . . . .
" ,
. ,.', . , . " ' . "
M~troPlan Designatiori: 'LMI "
Refi~eilumt Plan De1lign~ti~~: LMI (GI~mvoodRefineinenip'ldn) "
" ' , .
· Application Submittal Date: , August 14~,2009
. . . . I
Associated Applications: ZON2008':'00001 & 'ZON2009-0()008 (Development Issues Meetin~s);
PRE2009-00010 (Pre-suqmittal Application)
NAME
And Limbird
Jon Driscoll
CIa on McEachern
Gilbert Gordon
Dave Puent
PHONE
726-3784
726-3679
726-1036
726-2293
726-3668
APPLICANT'S DEVELOPMENT REVIEW TEAM
POSITION NAME PHONE MAILING ADDRESS
Applicant Randy Hledik 683-7712 P.O. Box 7428
Wild ish Land Co. Eugene, OR 97401
Owner James Wildish 485-1700 P.O. Box 7428
Wildish Land Co. & Eugene, OR 97401
Eugene Allen Corp.
Attachment 1-29
Exhibit 0- 2
Review Proces~ (SDC 5.7-115):Th,e subjept :;tnnexation application is being ,reviewed under Type IV
procedures, without Planning C9mmisston consideration. :,:
, ' :- ' '
':t?evel~pmeni is~uesMe~ti~g (SD~ 5.7-120):' . A :Developmeht'Iss~es ,~eetirig(Dnvl) i~ 'req~ired of:~li
a~exation applicati<?os;.' .' ! ' ,
FindIng: ,1\ Development Issues Meeting (DIJ\.I) for the subject annex'ation was held (mApril 9,2009 (Case,
ZON2009~00009). " , ' .' , " ' , " ' , ' " ,,'
'ConClusion: The requirement in 'SDC 5.7~ 120.Is met.
, Annexation Initiation and ApplicationSub~itta' (SDC5. 7-125): An annexation application may be initiated
, by written consents from affectedeledors and/or property O,wIlers.
" ,Finding: '.. The applicanthassuhlllitted the list of owners, affected taX J()ts; street addresses, sigrieq petitions and"
" written consents to annexation in accordance with SDC 5.7-125:B, Pursuant .to, SDC 5.7-125.B.2.b an~ ()RS,
, '222.170( 1 ),the fonnsare completed and signed by '~oiethanhalfthe owners ofIand intheterrhoiy, who also' ,
, '~wri mote th~ half the land il1thec6~tig~ousterritory and'of real property therein representing ,morethai1' iu~lf
the'asse~sed value of all real property in the contiguous territory. ' , "", " , '
. . "." , ,., ,-.,' ,,' '; .,',' ".' ,,' ".'
,'Finding: The applic.tht has provided written consents to annexation from 100% of th,e owners of land in the" '
t~rrit9ry, who ,o\VTI ioq% of t~econtiguous land 'arid re~l property therein arid 100% of the aSsessed val~e., ' '
. " . ,'" . ,,' , ,
. :. .'. . "'. '
Conclusion: the appficationrequirements in SDC, 5:i-125ha~~6eenmet.
SiteInformation: The ,annexation area includes five contiguous tax lots on 'the east side of McVay Highway'
, (State Highway 225), south, of Riverside Mobile Home Court, west of the' Willam'ette River, arid north of the
, ".: .: ' , .' ,.' " , . ',1 "
S,outhern }>acific R<j.ilroad line., The subject imnexation area comprises approximately3~.28 acres arid contains a '
two-story office and maintenance shop building. The site is aformer graveland concrete processing plant, but
is now mostly vacant. The subject annexation territory is intended to remain as vacant iridustnalland and there '
are no curr~nt developmerttplansfor the property. The applicant and staff are not requesting anne~ationofthe
fronting public street right-of-way at this time because the street has not been developed to urban standards.
Street frontage improvements can and will be construCted by the property owner/developer as site development
proceeds. The propertY owner's obligations for street improvements are de.scribed in the attached Annexation
~~~ - .'
Existing public services are provided to the annexation area as follows:' police (Lane County Sheriff,
Springfield Police Department), schools (Eugene 4J), roads (Lane County, ODOT), and Fire (City of Springfield
under contract). Glenwood Water District provides water and contracts with the City for provision of fire
service to the proposed annexation area. Upon annexation, the City of Springfield will be entirely responsible
for urban services, including electricity, water and fire response to the subject area.
Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-130, notice was provided as follows:
Mailed Notice. Notice of the annexation application was mailed October 9,2009, which is 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 affected territory; affected neighborhood
groups or community organizations officially recognized by the city that includes the affected territory;
affected special districts and all other public utility providers; and the Lane County Land Management
Division, Lane County Elections, and the Lane County Board of Commissioners.
Newspaper Notice. Notice of the November 2, 2009 public hearing was published in The Register-
Guard on October 14 and October 21,2009.
Attachment 1-30
Exhibit D- 3
, : Posted NO,tice. ,Notice of the November 2, 2009 publid hearing w~ post~d in 'si~,public places in the,
'CitY [in~three lo~ations ~lorigthe' property frontage 'on 'McVa)r' ffighway;'at the SprihgfieId CitY Hall
andirithe DeveIopfuerit;SetVice's ,office; and on the Gity,of Springfield website] ,on OctQber,i4, 2009,
for two successive weeksprior to the' hearing date. ' " "', , ",
., ..' ,'" ", ",.. 'I: .',' ", ' "
',.
Finding: Uponimnexationofthe subject p'r~pertyto t~e city the current, LMI 'zoning will be retai~ed, butthe
Urbanizable Fringe Overlay District (UF-lO)will no longerapply. .Dueto this change, the Oregon Department
of Land Conservation and Dev:elopment (DL'CD) was notified in writing of the ,anJ;lexation proceedings :more
than 45 days prior to the public hearing. Notification to DLCD was sent on August 21,2009.
Criteria {SDC 5~7-140): ,Theappiic~tion may be 'approved only if the, City, Council finds that 'the, proposal
conforms to the follQwingc~iteria:' ' ' " , ",' ,
. A."
The affected ter~itory proposed t~, be ,annexed is within thc'City;s urban groWth b()~ndary;and is,"
. , ' ".'" '" ':" ,,', ,,' '.' '. '.. " , " .,....
'1: Conti~u~us to th~ ~itjr'limits;or . " ' ',," ,',,", , ' .. , '" ' " " ,,' '. ".
'2. .Separatedfromt~eC.ityOi:lIyby apubli~rightof way or a stream~ lake or other body of
, 'water.' ' ',. .
, ' . . ' . .' ,h '. ' ,.' ,'. . '
Finding: ,The subj~ct aimexation is located within th~~cknowledg~d urban growth bouridary (UGB) ofthe
Eugene-Springfield Metrop()litan Area General Plan {Metro Plan). , The annexation area cloes not directly abut
the Springfield city limits, but is only separated by an intervening public right-of-way (McVay Highway)
therefore meeting the statutory definition of contiguitY as found in ORS 2,22: 111 (1)
, - ' ..
. . ' . .
Coriclusion:' The proposal meets this .criterion.
B. The proposed annexation is' consistent with applicable policies in the Metro Plan and in any
applicable refinement plans or Plan Districts;
Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC)
in August, 1982 and has been subsequently amended. The 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 and public
street rights-of-way to the City of Springfield is consistent with the Metro Plan, which will result in the
elimination of several special districts within the urbanizable area.
Finding: The annexation area is within the Glenwood Water District. The water district also has service
arrangements with Springfield for provision of fire response to unincorporated areas of Glenwood. After the
public hearing and if determined by the City Council that withdrawal is in the best interest of the City, the
Attachment 1-31
Exhibit D- 4
, ,
annexation area will be withdfawn from the Glenwood Water District consistent with ORS 222.510, 222.520,
and 222.525 and ,Springfi~ld l,Jtility Board will provide water ~ervice directly to t~e a~exed property. ',' ,: '
"Finding~ " 'After t6~ p~,blic he~illg and if qetermin.edby tht) 9tY Council that a~ex~ti6n is in the:best iriteiest of .
the Ciiy';the annexation area will be annexed into the 'Lane COullt)"MetropolitanWastew~t~r SerVice'pistrict as
authorized by' an' Intergovernmental Agreement (I GA) between the City of Springfield arid Lane County.' This
sp'ecilil'distnct was formed to provide the fin;;mcing for the regional wastewater treatment plant serVing
, wastewater users within the City of Springfield. .
. . ." . "
Finding: After the public heari~g and if determined by the City Council that annexation is in the best interest' of
,the City, the annexation area ~iII be annexed into the Willamalane Park and Recreation District as authorized by'
an intergovernmental agreement between the City of Springfield and Lane County.' The paikdistrict provides
park a(ld recre~tion facilities and services to territory within the City of Springfield. ','
Finding~ . The subject. property is located within" Subarea, I 0 ,- Smith McVay, i~dustrial of the . Glerwood
Refinement Plan. The adopted Refinement Plan (Subarea 10, Policy I) cop.templates continued light~niedi4m
industrial land usejm the site;' There' are no proposed (;hanges to thecufrerit LMI zoning for the subject
.,annexatIonarea. ' . . ' , . '.
,'CTh~proposedannexationwill result in a boundary in w~.ich the minim~m level of key. urban facilities . "..
. and' se,rvices as defined in the Metro Plan 'can be' piovided in an orderly dficientand timely manner,
and ,.',.,
Finding: The Metro Plan ~ecognizes annexation as the highest priority for extending the minimum level of key
.' 'urban,fa9ilities aild services to urbanizable areas (PQlicies #8 and #10, pageII~C-4).' '
Finding: The territory requested for annexation will take a~vantage of urban servi~~ delivery systems that are
already in place or can be logically extended t() serve this 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 incorporated areas of Glenwbod. . Upon annexation, the subject
territory' is' not expected to require additional water service until further site development or, redevelopment
occurs. Existing water infrastructure within the adjacent public rights-of-way will be maintained by the affected
utility providers.
Electricity - SUB Electric provides service to developed properties in this area of Springfield. Upon
annexation, the subject territory is not expected to require additional electrical service until further site
development or redevelopment occurs. Existing electrical system infrastructure within the adjacent public
rights-of-way will be maintained by the affected utility providers.
Police Services - Springfield Police Department currently provides service to areas of Glenwood that are
already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department
and 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 the City of
Springfield Fire & Life Safety under contract with Glenwood Water District. Upon annexation, the City will
continue to provide fire and emergency services to the subject territory. The nearest Springfield fire station
(Fire Station #4) is located on 5th Street north of M Street. Springfield Fire & Life Safety advises that the south
end of the annexation territory is at or near the upper limit of the preferred response time from Fire Station #4.
Attachment 1-32
Exhibit D- 5
. - -,
, . - J ,
The Eugene Fire DepartIpent also prov'ides emergen~y ~response to the Glenwood ,area under a mutual aid
agreement for e~~rge~cy ~esP9~se. " ' ':, ," , ' ,
, ~ ' ",""': . .,l . ~ ' ,:, ". .' :),: '>,', >", ',: '~;" ';.,,-:f :" ,;', ; _,' ": ',,<'."
Emergenc)'I11ed~ca,1transpoit(a,in~ul~ce) servi~es ai~ provided on a regional baSis b:yEug~~e,:Spr'ingfiel~, afld,
Lane'RmaI FiI:e/Rescue to central Lane (::ounty. The allne~ationarea will continue to receive t}:lis servic~ :
'consistent with the adopted 'am~~lam~e seryice ar~a (ASA) plan. Mutual aid agr~elnents ha-Je been 'adopted by'
the thfe~ regional ASAproviders tojjrovide backup coverage for each other:s jurisdictions,
Parks and Recreation ~ P~k a~d re~reatio~ services are provided to the City of Springfield by theWillamalane
Park arid Recreation DIstrict. Indoor recreation facilities, such as the Willama:Iane Park Swim Center, Lively,
Park SwimCentei, Memorial BuildiQg Community Center, andWillanialan'e Adult Activity Center wiil be
available to residents (if arty) and property owners as new development occurs. It iS,l1ot expected that the
. reqliested annexation area will generate an appredable number of new resIdential units, owing to the'indtlstrhll
larid use designation. The park districtoffeis, various after-school and6therprograms for children at schoois
','and" parks tbfoughout t~e tomnl~niiy. ' ~lso' avaiial,>le 'are pathw~ys' and several categories , qf parks" induding.
community parks, sports 'parks, special use pll;rks,andnatural area parks. The c,losest tleighbOrhood park to, th~ ,',
.requ~~ted anrie?,ation~eais!ames Park at 4141 East19thAvenue. OtherparkSinthe vicinity ()(thepfopqs~d,
annexation area include Island Park; Willarnette Heights Park and Mill Race Patk ,,' , '
, .. " '. '. , \ -, , ,," '.. ", ., ',"",
,,'
, - ',' '" " ,.,', .,., ".' '," .',! ,', '
concurient.with annexation to the CityofSpfingfield, the subject area will be annexe4 to thy Willamalane Park';
and Rec.reation District consistent with CitY policy, if the City Couhcil determines that atm~x~tionto the special'
,district"is, in the b,' est int, erestof" the' City; T, he subject property is also identified for fut,u, re, extension' o,f a"
. r~creational pathway system along the west bank,of the Willamette River. ,Provision of a 20-[00t Widepuplic .
,easement for futuiiriverside 'access is contemplat~d in~ectioti 1.6.5 of the Annexation' Agreement signed by the
, applicant.' . ,
',. .' ,
", -,' . '. ': .' . .', ", ' , . '. .' ." '. .":' :. '. ' . .
" '
Sch~ols -:- Euge~e4J Schclol District serves the Glenwood Area. Existing schools- C,amas 'Ridg~ Elementary, "
,Roosevelt Middle; and South Eugene High School serve the neighborhood, including the supject annexation
, area. However, under the current' zoning d~signa.tjon it is not expected the annexed territory' would generate an
, appreCiable number of school childreri, . ,
" ,
SanitarY Sewer - The annexation area can 'be serVed by ~ existing 8-inch public sanitary sewer line that
terminates near the intersection of Nugget Way and McVay Highway. The existing 8-inch sewer line flo~s to a
sanitary sewer lift station located at the comer of Nugget Way and East 19th A venue. From there, a 6- inch
pressure line connects via East 19th A venue, Henderson A venue and East 17th A yenue to the gravity sewer main
iri Glenwood Boulevard. There are limitations on the sanitary sewer flow from the subject property to the
NuggetWay lift station. As development proceeds on the site, future sanitary sewer connections and upgrades
may be required as described in the Annexation Agreement signed by the applicant.
Concurrent with annexation to the City of Springfield, the subject 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.
Storm water - There are no existing storm water facilities available to serve the subject annexation area. Future
development or redevelopment of the annexation area will require appropriate stormwater management
techniques in accordance with City standards and as described in the. Annexation Agreement signed by the
applicant.
Streets - The property has frontage on McVay Highway, an ODOT facility. The street is presently developed as
a two-lane paved rural highway with bi-directional center turning lane along a portion of the property frontage.
Along the property frontage, McVay Highway is not developed to full urban standards and lacks curb and
gutter, sidewalk, bicycle lane, street trees, and stormwater management facilities. Consistent with current
Springfield Public Works practice, street right-of-way is annexed only after it is improved to City standards.
Attachment 1-33
Exhibit D- 6
Therefore, linnt?xation'of portions of McVay Highway along the property frontage is not reco~1pended with this
'j.-' ] , " -' , , >' t
annexatioP:PfOPOsaL In asc~rdfUlce with.,provi~ions ()f the Annexatjon Agreement signe~q~y th~'ap'plic~t",
. future ilccess to the annexatioidrrea'will qe Umitedto a fourth (east) leg of the NuggetWay/McVay Highway
inters~ction, and, a secori~ ,intetseftionat the' southern. 'end of the' property., The ~ccess 'points. are subject to
opbt pernlitting standards' and approvaL ',. '" , '
. ,; ',~::',",
, Solid' Waste Management ~ The City and Sanipac h~ve an exciusive fra~~hise, amingement for residential
garbage serVice inside the City limits. Commercial and industrial garbage service is the responsibility of the
prcipert)rowner or tenant, and can be provided by Sanipac or other independent contractors. Upon annexation '
and further development or redevelopment of the property, solid wast~ disp~sal service can b~ provided by'a
nuniber oflocal firms. ' ' ' ' ,.", ",. .' '. ' '. '
, "
, , . . .
. . ,'. . . '. . . . . . . . .
Communication FaCilities "-.:Various providers offer.both wired aridw.ireless commu~ication services'in the
Eugene~Springfield metropolitan area.. Existing providers and thOse 'entering the market have the capability to '
prov"de serVi~etofuturedev~lopm~nt i~this area,. . ,,' , ' , , ' , .
'. ~ ,: -
, "
,Land Use Controls - The annexation area is within Sprin~field'sportiortoftheurban growth,bou~<lary~
Through an intergovenlmerital agreement betwt?en Ume Count)rand the City Of Springfield, the City already haS
. planning arid building jurisdictionfor this property. The, City .will co~tinue to administerlaild use controls. after,
annexation., ' ' , ., " , ',., ','.,
Firj(iing: The minimum level of keyu~b~ facilities and services, as defined on page Y -3 o~ the Metro Plan, are' '
either immediately available orean be',provided within a reasonable future timeframeas'rieeded. . The ,
Annexation Agreement signed by the applicant details the timing and delegation of financial responsibilitY for '
provision of key urban servicesto theanne"iation area. '. , ' ',' ". ...' . .
':' '. . . . .' . '. '
C,onclusion: The prop~sal meets this critytion.
D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or
.other mechanism approved by the City Council. ' , ,
Finding: The, applicant has signed ,an Annexation Agreement that. outlines the City and Applicant's
responsibilities for provision of key urban serVices and other considerations.., The Annexation Agreement will
be signed by the Springfield City Manager upon review and approval by the City Council.
Conclusion: The proposal meets this criterion.
DIRECTOR'S RECOMMENDATION: Approve the annexation of the subject territory to City of
Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and
Recreation District, and withdraw the requested annexation area from the Glenwood Water District.
City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance.
Finding: The annexation will become effective 30 days following the second reading by City Council, which is
scheduled for November 16,2009.
Finding: The City Council conducted a Public Hearing and gave first reading to the annexation ordinance on
November 2,2009. Based on the staff analysis and recommendation, and on testimony provided at the Public
Hearing, the City Council approved the annexation area (Map 18-03-02-20, Tax Lots 3000, 3100, 3200 and
3300; and Map 18-03-02-32, Tax Lot 3800 - municipally addressed as 4851, 4857 and 5001 Franklin
Boulevard) per Ordinance No. _, totaling approximately 38.28 acres.
Attachment 1-34
ATTACHMENT 0-6 - PAGE 1-34A
Errata Sheet for November 16, 2009 Second Hearing and Adoption
Case # C SP 2009- LRP 2009-00009
The following is a revision to the clerical error found upon 2nd Reading of the Staff
Report recommending approval of annexation for the above mentioned case. The
following is a documentation of the revision as amended and entered into the record for
the proceeding during public hearing before Springfield City Council on November 16,
2009 prior to adoption. The revision is limited to paragraph 2, page 1-34, of Attachment
0-6 and was not considered to be a substantive revision:
"Solid Waste Manaoement - The City and Sanipac have an exclusive franchise
agreement for residentbl garbage service inside the City limits. Commercbl :md
industri31 g3rb3ge service is the responsibility of the property O\Nner or ten3nt, 3nd C3n
be provided by S::mipac or other independent contractor. Upon annexation and further
development or redevelopment of the property, solid waste disposal service can be
provided.:. by a number of local firms.
Exhibit D- 7
Zoning (SDC 5.7-150): The annexation area is designated Light Medium Industrial (LMI) in the Metro Plan
~d adopt~d Glenwood Refin?mimt Plan, The ~urr~nt zoning is LMlwith Urbanizable Frirlge 9verlay District
(L~IIUF-10),: ! '" : ,:': ,:', ,",' " ' .' ,:::,," ,'. ,',: ' ,
~, ,
, , ,'.' " ., ' '" - ' . ..', .' , " , " " " -' -,' ,,', ., , . ' ~
Finding: Upon the effective date of the annexation, the UF-lO oveday is autoinatic,aJly removed and the 'Subject'
, territory remains tMI, ~~ich'is consistent with the Metro Plan and Glenwbod Reflneme1Jt Plan de~igQa#ori., ':'
. . . .
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation ordinance is given a,
secon,d reacting andapptoved on November 16, 2009, the' Ordinance will become effective 30 days after'
adoption by the City CouIlcil and execution by the Mayor: '
Finding: 9tyCouncil gave second reading to ,Ordinance_on
'effective consistent withSDC 5.7-155 and ORS Chapter 222 on I
. ',.' , " .. , '"
; 2009. The ordinance became'
,,2009.,'
'Withdrawal from Special S~rvice Distr~cts(SDC5.7-160): Withdraw~l ~Oln special distfictsmay oC,cur ..', ,
concuri~ntly with, the approved anIiexati6nOrdin~ce or after the effective date of theannex~tion of teri-jtory to
',the City : ,The Director shall recommend to the City Council for consideration of the ~itlidi-awal oftheahnexed
" territoiy fr91l1special district,s,a.s'specifie'd, in ORS 222., In det~rin~ning whether, to ""ith<irawthe thritory, 'the,
, City Council shall det~rri1ine ,whether the withdrawal i~ in the best, interest of the City: Notice of the withdrawal
'shall be providedirt the same manner as the annexation notiCe in Section 5. 7 ~ 150.
':', " . '.j' :' ,",,' ',' ,'.. .," :,. ,." . " . '.' ".,,' ;'.
Finding:'Theannexation area is within 'the Glenirood Water District. Consistent with SDC 5:7-160, notice \.~as '
~rovided, a public hearing washeld,andtlie CitY Cotricil determined'thatwithdrawalfrornthe Glenwood Wah~r '
Di'strict was in th~ best interest of the, City, The withdra\\ial deCision was cOdified in Ordinance No. '
, "
Exhibit: ',' '" , ' , ' ,
A' Assessor's Maps showing property requested for annexation (redlined) and numbered survey courses'
contained in: h~galdescriptloi1 ' " ' ,.,." '. ' ,
Attachment 1-35
Exhibit D- 8
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Attachment 1-36
Exhibit 0- 9
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Attachment 1-37
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