HomeMy WebLinkAboutNotice PLANNER 11/30/2009
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AFFIDAVIT OF SERVICE
STATE OF OREGON }
} 55.
County of Lane }
I, Brenda Jones, being first duly sworn, do hereby depose and say as follows:
1. I state that I am a Secretary for the Planning Division of the Development
Services Department, City of Springfield, Oregon.
2.. I state that in my capacity as Secretary, I prepared and caused to be
mailed copies of Notice of Adoption to DLCD LRP2009-00009 Wi/dish
Annexation. (See attachment "A") on November 18,2009 addressed to
(see Attachment "B"), by causing said letters to be placed in a U.S. mail
box with postage fully prepaid thereon.
Brenda Jones
Planning Administrative Specialist
STATE OF OREGON, County of Lane
-1l~ 1 ?, 2009 Personally appeared the above named Brenda Jones,
Administrative Specialist, who acknowledged the foregoing instrument to be their
voluntary act. Before me:
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OfFICIAL SEAL
DeYETTE KELLY
NOTARY PUBLIC - OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15. 2011
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My Commission Expires: . q //<,-11 (
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Date Received; 1/.J(~1----
Planner: AL
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DLCD
Notice of Adoption.
THIS FORM MUST BE MAILED TO DLCD
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION
PER ORS 197.610, OAR CHAPTER 660. DIVISION 18
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. Jurisdiction: City of Springfield' Local file number: LRP2009-00009
Date of Adoption: November 16, 2009 . Date Mailed: November 17, 2009
Was a Notice of Proposed Amendment (Form 1) maiied to DLCD? YesDate: 8/21/2009
o Comprehensive Plan Text Amendment 0 Comprehensive Plan Map Amendment
. 0 Land Use Regulation Amendment ~ Zoning Map Amendment
o New Land Use Regulation 0 Other:'
Summarize the adopted amendment Do not use technical terms. Do not write "See Attached".
. . .
Annexation of a 38.28 acre industrial parcel to the City of Springfield removed the Urbanizable Fringe Overlay
District (UF-IO). The base zoning (Light Medium Industrial (LMI)) and comprehensive plan designation
(LMI) remain the same. .
Does the Adoption differ from proposal? No, no explanation is necessary
Plan Map Changed from: . to:
Zone Map Changed from: LMI/UF-10 to: LMI
Location: 4851, 4857 and 5001 Franklin Boulevard, Springfield Acres Involved: 38
Specify Density: Previous: N/A New: N/A
Applicable statewide planning goals:
1 2 3 4 5 6.7 8 9 10 II 12 13 14 15 16 17 18 19
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Was an Exception Adopted? 0 YES ~ NO
Did DLCD receive a Notice of Proposed Amendment...
45-days prior to first evidentiary hearing?
If no, do the statewide planning goals apply?
If no, did Emergency Circumstances require immediate adoption?
~Yes
DYes
DYes
DNo
~No
~No
OLeo file No. .l" .
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Date Received:~~~?
Planner: AL
Please list all affected State or !eral Agencies, Local Governments! Special Districts:
ODOT
Local Contact: Andy Limbird
Address: 225 Fifth Street
City: Springfieid . Zip: 97477-
Phone: (541) 726-3784. . Extension:
Fax Number: 541-726-3689
E-mail Address:alimbird@cLspringfield.or.us
ADOPTION SUBMITTAL REQUIREMENTS
This form must be mailed to DLCD witbin 5 workinl?: days after the final decision
. per ORS 197.610, OARChapt~r 660 - Division 18.
1. . Send this Form and TWO Complete Copies (documents and maps) of the Adopted Arriendment to:
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITOL STREET NE, SVlTE 150
SALEM, OREGON 97301-2540
2. Electronic Submittals: At least one hard copy must be sent by mail or in person, or by emailing
larry .french@state.or.us.
3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days
following the date of the final decision on the amendment.
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted [mdings
and supplementary information.
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working
days of the final decision. Appeals to LUBA may be filed within twenty-one (21) days of the date, the
Notice of Adoption is sent to DLCD.
6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the
local hearing and requested notice of the final decision.
7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please
print on 8-112xll green paper onlv. You may also call the DLCD Office at (503) 373-0050; or Fax
your request to: (503) 378-5518; or Email yourrequesttolarry.french@state.or.us - Attention: Plan
Amendment Specialist.
Updated March 17,2009
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ANNEXATION OF 4851, 4857 & 5001 FRANKLIN BOULEVARD
MAP 18-03-02-20, TAX LOTS 3000, 3100, 3200 & 3300; AND MAP 18-03-02-32, TAX LOT 3800
CASE NO. LRP2009-00009
SITE CONTEXT MAP
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Date Received: 1~O/~f
Planner: AL
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Legal Description for the Annexation
ofthe
Wildish Glenwood Plant Site
to the
City of Springfield
Beginning at a point on the west boundary of Section 2 in Township 18 South, Range 3 West of
the Willamette Meridian, said point being SOUTH 1237.57 feet fronithe northwest corner of
said Section 2; thence
I.) North 89059'05" West 40.89 feet to a point on the easterly right of way of McVay Highway
30 feet easterly of, when measured at right angles to, the centerline of McVay Highway; thence
along the easterly right of way of McVay Highway the following 13 courses and distances
numbered 2-14:
2.) along the arc of a 1303.24 foot radius curve right (the chord of which bears South 7031'15"
East 39.80 feet) a distance of39.80 feet thence;
3.) South 6038'45" East 474.04 feet to a point opposite the angle point in the centerline of McVay
Highway at engineer's station 107+00; thence continuing along the easterly right of way of
McVay Highway
4.) South 5041 '45" East 1300.25 feet to a point 30 feet easterly of and opposite engineer's station
120+00 P.O.T; thence
5.) North 84018'15" East 10.00 feet to a point 40 feet easterly of and 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
II.) 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
Date Received: ,;pi.?n>f
Planner: AL
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12.) North 85008'39" East 10.00 feet to a point 70 feet easterly of and opposite engineer's station
125+00 P.O.c.; thence
13.) along the arc of a 786.20 foot radius curve right (the chord of which bears South 3035'57"
West 231.19 feet to a point 70 feet easterly of and opposite engineer's station 127+11.4 p.r.;
thence
14.) South 12003'15" West 140.66 feet to a point marking the'intersection of the easterly right of
way of McVay Highway and the easterly right of way of the Union Pacific Railroad, said point
being 30 feet from; when measured at right angles to the centerline of the Union Pacific
Railroad; thence leaving the easterly right of way of the McVay Highway and running along the
easterly right of way of the Union Pacific Railroad
15.) along the arc ofa 985.04 foot radius curve right (the chord of which bears South 9032'23"
East 255.72 feet) a distance of 256.44 feet; thence leaving the easterly right of way of the Union
Pacific Railroad
16.) and running South 73015'42" East 139 feet more or less to a point on the low water mark of
the left bank of the WiIIamette River; thence
17.) in a Northeasterly direction downstream along the low water mark of the WiIIamette River
3053 feet more or less to a point which bears South 89059'05" East from the point of beginning;
thence
18.) leaving the low watermark of the left bank of the WiIIamette River and running North
89059'05" West 262 feet more or less to a point referenced by a 5/8" iron rod with a red plastic
l..D. cap stamped "Poage Eng. Ref. Comer" 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 J.D. cap stamped "P.L.S. No. 655"; thence
22.) North 89059'05" West 453.48 feet to the 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.
Date Received: /~4:~L-
Planner: AL
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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 WITHDRAWING 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,
WHERItAS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitcm 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,
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wiIEREAS, 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,
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Planner: AL
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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 fIndings 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: 1be 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 of territory described in Section I above from the Glenwood Water District
shall become effective on July 1,2010.
SECTION 3: 1be City Manager has signed the [mal 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 _~ against
APPROVED by the Mayor of the City ofSp .
16th day of November, 2009.
ArrEST:
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, City Record r
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DATE: _~':"-L~
OFFICE OF CiTY ATTORNEY
City of Springfield, Oregon
CERTIFIED TRUE COPY
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City R order
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..,Date Received: I?o/;nf
,Pififmer: AL / -
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ORDINANCE NO. 6250
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Exhibit A-1
. Legal Description for .the Annexation
ofthe
Wildish Glenwood Plant Site
to the
City of Springfield
Beginning at a point on the west boundary of Section 2 in Township 18 South, Range 3 West of
the Willamette Meridian,. said point being sotJrH 1237.57 feet from the northwest. corner of
said Section 2; thence.
1.) North 89059'.05"West 40,89 feet to a point on the easterly right of way bfMcVay Highway
30 feet easterly elf, whenmeasuredat right.angles to, the centerline ofMcVay"Iiighway; thence. ·
along the eaSterlYrightofway of McVay Highwaythefclllowing 13 courses and distanc~s .
;}umbered2-14: '" ...... '. .... .
'" . . . . . .' ". '.
2.) along the are of a1303~24 foot radius curve right (the .chord ofy{hich bears South 7031 '15"
East3cj.80 feet) adistance of39.80 feet thence; . . '. . .'. .
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4.) South5P4I '45" East 1300.25feet toa point 30 feet easterly of and opposite engineer's station
120+00 P.O.T; thence' . . .
5.)North 84018'15" East 10.00 feet to a point 40 feeteasterly of and 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 suition
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
II.) 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 ofll.38 feet to a point 60 feet easterly of and opposite engineer's
station 125+00 P.O. C.; thence
Attachment 1-3
Date ~eceived:4~~'
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Exhibit A-2
12.) North 85008'39" East 10.00 feet to a point 70 feet easterly of and opposite engineer's station,
125+00 P.O.C.; thence
. . .
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, 13.) along the arc of a 786.20 foot radius curve right (the chord of which bears South j035'5?"
West 231.19 feet'to a point 70 feet easterly of and opposite engineer's station 127+.11.4 PT;
thence
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14.) South 12003'15" West 140.66 feet to a point marking the intersection of the easterly right of
way of McVay Highway and the easterly right of way of the Union Pacific Railroad, said point
" being 30 feet from; when measured at right angles to the centerline of the Union Pacific ,
, Railro~d; thence leaving the easterly right of way of the McVay Highway and running along the
, easterly right of way of the Union Pacific R,ailroad ,
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15.) along the arc of a 985,04 foot radius curve right (the chord of which bears South 9032'23" ,
East255.72 feet) a distanceof256A4 feet; thence leaving the easterly right of way of the Union
, ' PaCific Railroad ' .
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16.) and running South 730 15'4i" East 139 feet more or less to a point o~the 10""; water mark of '
the left bank of the Willamette Rive~; thence
, 17.) in a Northeasterly direction do~stream alo~g the low water mark of the WillametteRiver,
'3053 feet mo're ,or less to a point which bears South 89059'05"East from the point ofbeginlling;
thence ( ,
'18.) leaving the low water mark of the left bank,oftqe Willamette River and running North,
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. Comer" which bears South 89059'05" East 1.00 feet; thence
19.) N orfu 00010'49" East 69.21 feet; the;'ce
20.) North 89'59'05" West 50.02 feet; thence
21.) South 00'10'49" West 69.21 feet to a point referenced by a 5/R inch iron rod with a yellow
plastic J.D. cap stamped "P.L.S. No. 655"; thence
22.) North 89059'05" West 453.48 feet to the point of beginning, all in Lane Couoty Oregon.
Bearing ,used hereon are based on C.S.F. No. 13114 on file in the office of the Lane Couoty
Surveyor. ,
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Planner: AL
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Exhibit B-1
.,
City of Springfield .
Development Services Department
225 Fifth Street!.
Springfield, OR 97477
3
. . Annexation Application Type IV .
Application Type - '. ~ (Applicant: Check one)
Annexation A Iication Pre-Submittal: 0
~
.
.
Address: .
., . .. .
[SM',,.\. ~Co,IE
. Po lW)( 7~1..8 'E
e~ Mk...:Cc. i" f' *' .'
<-'^"- 0 R. "'t140 T:
Phone: !5~ ("'/8 5-11CO
Fax: '5'i\,G,B~-77ZL
E-mail: .
::r-c.."'t'sA.,l"J', \~;~~ 'Pi'e\;.
;:.c'iil;,'!;;,;,';;,"!;;;;. :':'I;i;;::!;'i:,,:!,:i";::i~:~;,,: .. . ';::.j'::,,,:;,", .
~~""~, ,,'!':i!:;::';~"i;:i:,,;!" ,"; 'j;.l,,"
OwnerSigriature: .
'. Owner Signature:
A eilt Name:
K<>-":"'d"dl' <;:,.i--\\",J~\<....
Lo,Y'\c\~S\.,~ to, S, e><e A\\e....Cor
'P 0 Cl1<. "I7't bl
Phone S,\:\ ~Io e. 3 -7 717...:
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Com an :
Fax:
E"mail
St.p -&:>83 -77zz..
i"I,I...d.;\<'e
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, Address:
L.A.", c: CC>U#1-1-
Area of Re uest:
;"-,"""".::'-,,,,''':0;-.'' .-..;...."..::."".'..; .......-.....
,- .,-...." :"~;""'~'::""""><':;
Existing Use(s)
of Property:
'/&<-"1+ - c.1<-'I',-",,,,-f!
Proposed Use
of Property:
'70 Be Def';.,..",,) I? eel
Date, fi~eceived: 1;4'l~7
Planner: AL
Case No.:
LRP ~09', OODO'1
~"tt.:-\ .;:'.~ \.
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Date:
flL l.-
R.,3"zoo2-QOQO I
Page 8 of 20
- Attachment 1-8' '
" Original Submittal tf,;(
.
.
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Exhibit B-2
Total Fe.e: t B5,fl'7.73 (
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Date Received:
AUG 1 ~ 2009.
. Original Submittal tJ)::...
i')"'''II".'?eceived" 11O//~'1
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Planner:AL. . . . '.
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Attachment 1-9
Page 9 of 20
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.
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, Exhibit B-3
\.
Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process. An application witho~t the Owner's original signature will not be accepted.
Pre-Submittal
, "
' ,
. ,
. ,
The underslgned,acknowledges that the Information In this appUcatlon Is correct and accurate for scheduling of the
'Pre. Submittal Meeting, , ' .. , ,
Owner:
Date:
Signature "
,4 Ov '1M e s-
Print
,
, "
A..W;\ct~~
Submittal
:.'"
OWller: ,
'Ireprese~t this appUcatlori to be compiete for submittal to the' City, Cori~lstent with the completeness ~heck
performed on this application at the Pre.Submlttal Meeting. I affirm the information Identified by the City as ,
necessarY for processing the appllca~on Is provided herein or the Information will not be provided If not otherwise'
contained Within the submittal, and the City may begin processing the appUcatlon with the Information as '
submitted, This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining toa
complet~ appli~tl~!1. ~ . .
'.aULiLJ
Date: '
Date Received:
AUG H 2009
Original Submittal /J. Y
,'Date r:h~ceived:_j.po/~7
Planner:AL
Attachment 1-10
,. ".~""~,' .~. .
C '. Page"to of 20
.
.
"
Exhibit B-4
-
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Since 1935
August 14, 2009
Aridy Limbird, Planner
City of Springfield
225 Fifth Street '
Springfield, OR 97477
, ,
, ,
, Dear Mr. Limbird:
'. . .
, '
, , ,
. '..... .
Subject: Annexation ReC[uest Submittal
. :". ..... .'.'," ':., .... ." .' .:':. " ....:.. '.:"::". '. .....'. .
This comparatively large property is sitmited atthe southern entry to Springfield from Interstate 5, imd is
connected to Springfield and Eugene by the, McVay HighwaylFrank1in Boulevard corridor. Foimerly used as a '
sand and gravel processing site, 'the property is now largely vacant with the exception of an: pffice/shop building' ,
leased toa heavy equipment operator training organization, "',, (
The topography is flat, and there are no wetlands or significant wildlife habitats identified on the site. Although
portions of the propert'J are within the regulated 100-year floodplain, it is important to note that the Federal
Emergency Management Agency (FEMA) recently revised the "floodway boundary" 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 annexed 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
, GlenwoodRefinement Plan. It is located in Subarea 10, with a small portion in Subarea 9. It is within the
Frank1ilJ. BoulevardIWillamette River Corridor as well, Dat R . "
, . -". , e ecelved:
P.O, Box 7428 Eugene, OR 974011 3600 Wildish.Lene Eugene, OR 97408
, " ,,,,j,. J:>..nJq, " Telephone:541485-1700 Fax: 54H83-7722 wwwwildish.com
Dale ["eceivea:-LfA~ An EqualOppottunityEmployer
Planner: AL "
Attachment 1-11
AUGl ~ 2009
Original Submittal' t?X
>.
.
Exhibit B-5
, . ".'
C. The proposed annexation will result ina bound~ iri. which the minimum level of key urban "facilities and
services as defined m.the Metro Plan can be provided m an orderly, efficient and timelymanner as outlmed in
the enclosed Annexation Agreement.
D. Fiscal impacts to the city are also addressed m the Annexation Agreement..
In regard to issues raised durmgthe Pre-submi1:ial meeting of April 21, 200~, enclosed please find a font-
o corrected legal description, as well as maps pertaining to McVay Highway andthelocation of water, sanitary
. . sewer and electric Utilities. The McVay Highway right-of~way is ofvarlableyridth, apd the paved surface is '"
approxiiriately 33 to 45 feetwid~. ProviSions for the location of acCess pomts are specified in the Annexation'
Agreement, anq utility connections Will be detaiiedln futuredevelopmerit proposaJs. . . . . .....
. . ,.., ..... ,', :.' . _' ....' ". '.' .. _.... . " dO.: .
'. We have no specific development plan~for the land at this time. Coupled With its inclusion within the 0
GlenwoodUrblinRenewal District and an Enterprise Zone; we believe the size arid loqation of this property .
create a significant opportunity for meeting the neighborhood ' s and citY's development goals. Annexation is tJie'
firSt necessary step tOWard this realization. 0 . . . . .
TI1ankyoufor your assistance m annexmg this property.
....~~
Randall S. Hledik
DirectOr, General Services
Encls
cc (w/o Encls): Mayor
City Manager
Date Received:
AUG 1 4 2009
\
Attachment 1-12
Original Submittal' f7 ~
Date Received:~'lJ>Hf
Planner: . AL .
<')'.:.\~... l'.~.,' '.:-.'
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Applicati'
For City u.
, C SP 2009 -
,Iyo
~
FORM 1
J 0
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PETITION/PETITION SIGNATURE SHEET
Annexation by Individuals
[SDCS7-125(2)(b )(i)/ORS 222.170(1))
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. . . . .
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.. . . .. .
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We, the following property owners of the follOWing territory, consent to the annexation to the City of Springfield and concurrent
annexation, to Lane County Metropolitan Wi;lstewater Service District and Willamalane Parks and Recreation District, as deemed
necessary:
'Print Name
. Rgfir1~r;g:-,. Address
(street, city, zip code)
"3...00 l.,)",ld.\sln. ~
e. eV\e oR.: , 0
SOc' F""""\ol~,,, 13\0<1.
\'-.;Irt,._< c.o""","" oR.
No 5,+0::: "-aa"{""es.5
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5,' \: \v
Map and Tax Lot Number
(example: 17-04-03-00-00100)
./
land
Owner
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, Signature
Acres
(qty)
1.
:r~""es A..~L.)jlct;l;k. Pres
2.
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, '0
,1.)\ \<\"s\.- L~Co.
'8,-03-0'2.-'1..0
,l... 31..00 3300
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~ Note: With the above signature(s),"1 am attesting. that I hav~ the au.thority to consent to' annexatJo.n on my own behalf or on behalf of my firm or agency.
rt authorizatjon'w~en applicable.) .. .
Eu..5e",e: Allew CO"?
1&-0:3-0z.-2.0
000 00
X-
X.
3.!i.:>'a
(Attach evidence of such .
';'1 '"1{,,-,^d~H'S. 4\ecL K '
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,w y ~--diea:R lie.., ,0' , '
" 0
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(printed (Jame of circulator), hereby certify that every person who signed this sheet did so in my presence.
. . . . . .
'(signatureofCirculatoi-j 0 '
.I
CERTIFICATION OF OWNERSHIP' ,0, 0" '0 , ,
The total landowners in the proposedann~xation:areo"2;;(qty). 0 This petition reflects that ~ (qty) landowners (or legal representatives) 0'
listed on this petition represent a total of /00 (%).of the landowners and, iOo (%) of the acres as determined by the map and tax lots attached
to the petition. A&T is not responslbleforsvbsequent deed activity, that may not yet be refleCted on the A&T computerized tax roll. ' '
t2k&7~, 0
Lane County De~artment of Assessment anll Taxation'
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~-13-07
Date Signed and Certified
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13,of 20
to
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Exhibit B-7
,
FORM 2
OWNERSHIP WORKSHEET
(This form is NOT the petition)
~f. ~.~~~\....,-
(Please include the !"lame and address of ALL owners regardless of whether they
signed an annexation petition or not.
OWNERS
I,
Property Designation Assessed Imp. : Signed Signed
,(Map/iar nLimber) ,Name of Owner Acres Value Y IN' Yes' .No
.r8~t>'3-';z~ z,:, .. 1..J"1I J.5i ~ L4M.d ~". ' "
:!."'-Oo :l'i,'il ," ,', y x.
, 6'1'H f:,L; .
:3:S00 " ,..is, 25 i-.I
'!o'Z.. X , ' ,
1e,-03-oz -"3i ',' WilJ;s,^~d~..
, 3BOQ (,q-OJ"') , I,' 1.07 q "lIIG ' N X
~~(4-i4) , 5./;,9 10n'l ' N x:
,"'- 0" .'&2:..io , " , " ,
E u..<>eV'e AI\<<< (1l'P
30c0 ~ 0, \'1 23 Inoq Y
, . X
',' ''3106 , S.\9 Z.7~ '-1013 ,'{ , X
,
,
,
TOTALS: 36,Z.6, \ 1O/p ~'19
TOTAL NUMBER OF OWNERS IN THE PROPOSAL 'L
NUMBER OF OWNERS WHO SIGNED ~
PERCENTAGE OF OWNERS WHO SIGNED 100
TOTAL ACREAGE IN PROPOSAL 3 s, '"LB
ACREAGE SIGNED FOR ~e" z.B
PERCENTAGE OF ACREAGE SIGNED FOR IDa
TOTAL VALUE IN THE PROPOSAL \, '"LOc., I S9 9
VALUE CONSENTED FOR, I 'LOCo 'S'19
PERCENTAGE OF VALUE CONSENTED FOR 100
'. '....... . ::....\ <:"
Attachment 1-14
, "'~'; /~. 14 of 20
Date Received:-!! Jo;b~
Planner: AL ' , '
.
.
, ~',
Exhibit B-8
FORM 3
SUPPLEMENTAL INFORMATiON FORM
(complete all the following questions ahd provide all the requested information. Attach
any responses that require additional space, restating the question Or request for
information on additional sheets.)
Contact Person:
E-mail:
t<o..vui~ It ~ \ 'Ed ~ k
\""""\ec:\~'K' ~_ v-);\d;S"',LOlov,
I
I
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,
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Supply the following information rega~dingtheann~xation arRR ' I
. Estimated Population (at present): ..,. ... ..' t6 '
.' ,Nl.!mber of Existing Residential ,Uflits: '. ' r;6 .
. Other Use~: .. O~ric-e. !'S+O('~~~ /Sv..o~~w ,~~ ",~S.
. Land Area: . 36,2.,8 ' total acres . ...,' '. ..... . .,
.E~isting Plan Designation(s): U~~~\-\ed\:,-wT~v--';,.tr\c,-J ........ ..
. . Existing ioning(s)~ b~~\-N--€.A;u-,^,,~d\l."~ ;0..\. .
.. Existing LandUse(s): , €. -tt, \-Ii",,, ,E. "" "",eel 1-:T'(R~V\,V\ C'~-\e..r
o Applicable Comprehensive Plan(s): . E: u. -GV\ e ~ <; kf~ ~~lL\ (
-Applicable Refinement Plan(s): <:;\eV\wood
o Provide.. evidence that the annexation is. consistent with the applicable.
comprehensive plan(s) and any associated refinement plans. Me-\'fo 9\"-M ,?o\;""1 '
nr.- ~- 2~', " ?~S\l.:e. 00M. "'-(;j~ff.~S;~ o.M.W!'>U<.\-\ln\. ~-fCl-W. ~ SeN\oo.\",~ o~
a",sl w..-\<:c\ i~\-rl<<..\ bO-~ .:... CJ'('~ to ~ ~ su..&ric.i~~ ~ 'o\e-
~\o?w..eu",\ .0....-... .(.;1""", € "f\e.""""- 0-0..<\.... :; a..~ \0.
o Are there developme t plans associated with this proposed annexation? '
Yes No "-
If yes, describe..
. Is the proposed use or development allowed on the property under the current
---- '
plan designation and zoning?
Yes
No
N/A
.' ...'
"~'~<<\"; .....,
.0 Please describe where the proposed annexation is contiguous to the city limits
(non-contiguous annexations cannot be approved under 5.7-140, Criteria).
V 'c.: ",' *- L,).'- M '-\I a. . \r\lPo. I.e..u.
) - o~ ~ w
... Pa~:l5 of 20
Date H;.ceived:.J~f'7'"
Attachment 1-15 Planne,. AL .:. .
..[
i
.
.
Exhibit B-9
Does this application include all contiguous property under the same ownership?
Yes )( No
If no, state the reasons why all property is not included:
. . , ' . ." . . .
. Check the special .districts and others that provide service to the annexation
area:
.Ill Glenwood Water District
.' Di1 Eugene S.chool District
1llr Springfield School District
'. 0 . Pleasant Hill RFPD.
..0 EPUD
o .Rainbow Water and Fire District
. 0 . Pleasant Hill School District
. . .
o McKenzi.e Fire & Rescue
o Willakenzie RFPD
r. '.
, .'
. . '. -.... .' '- .
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- . .'. Lc.....-ecOu."'!,.i,lAYlf!. c.o""""U\'-\-1
I!., Other C'o\\€~e"4 w...w. Ed..,.<l.~:~ o;'€'i~IlR.
~s~,c..; Ju,Ie..woa:\ U;,\'o..;Ir\
, .R-e\ole"--"b.Jl~ \~~~c..,. . .
. Names ,of persons to whom staff notes and notices shou.ld be sent, in addition to :
applicant(s),_ such as ,an agentor legal representative. ..
~"'Vl.cI/l.\\, ~\-ec\'\K'
. . (Name) ,
tllf Willamalane Parks arid Rec District
(Name)
(Address) (Address)
(City) (Zip) (City) (Zip) .
(Name) (Name)
(Address) (Address) -
(City) (Zip) (City) (Zip)
I
,
,
I
I..
I
Date Received: /;fi,,/..Jr>,.L
Planner: AL "
Page 16 of 20
--
,
Attachment 1-16
.fi
/
.
.
. .
Exhibit C-l
After Recording Return to:
City of Springfi~ld .
Public Works Department.
. 225 Fifth Street.
Springfield, OR 97477
Attn: . Engineering Division
Place Bar Code Sticker Here:
ANNEXATION AGREEMENT
. ... . This Annexation Agreement ("Agreement") is mad~ between the City of Springfield, an
Oregon municipal corporation("City") and Wildish I,and Co: and Eugene Allen CorP. . .
('!APPLIc:;AmU). . .. .
. .
RECITALS
A. APPLICANT owns thejlarcei(s) ofland legally des~ribed in EXhibit A,the Property, imd
shown on the map attllched as Exhibit B.The property is proximate to the jurisdictional limits . .
of the City and is subject to annexation by the City of SPrmgfieid following minor boui).dary .... .
cl1arigeproc.esses.. ... .. ... . .. . .
. ..
B. APPLICANT has submitted to the City a request for an Annexation Agreement, dated january
31,2008, for Assessor's Map No. 18030220 Tax. Lots 3000, 3100; 3200, 3300 tk MapNo..
l8030232Taic Lot 3800.. . . . .
. .....
.. ,.
. . C.APPLICANTwishes to annex the Property (0 the CitYarld seeks suppoI:t from the City for the ...
armexation. .
. .
. .
. .
D.. The Property is currently designated as Light Medium Industrial (LMI) on the Metro Plan and
is zoned LMI with Urbanizable Fringe Overlay (UF-1O) according to the Springfield Zoning
Map. .
E. Annexation of the Property requires a showing under SDC 5.7-125 that the Property can be
provided with the minimum level ofkey urban facilities and services as defined in the Metro
Plan Policy 8a and 8b, p.II-C-4, and suchshowing is supported by the substantial evidence in
the record of the proceeding on this armexation. 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 stonnwater 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 n1inimum level of key urban facilities and services for those uses authorized by the current
zone. However, in the absence of a development proposal, City carmot 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 memorialize APPLICANT's and City's commitment and
agreement to the allocation of financial responsibility for public facilities and services for the
'.~""','1
(".("~: ~ .'.
ANNEXA nON AGREEMENT - Page 1 of 12
Date Heceived:
Attachment 1-17 Planner: AL
. 1/;()/~9 .
! I
.
.
Exhibit C-2
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 wastewater, stormwater
management sy~tems, interconnected transportation system~, and Fire and Life Safety services
, necessary for an affirmative City recommendation for the annexation request ' " ,
G. A public wastewater 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:
· The Property is currently provided public wastewater service by an 8-inch, diameter line
located near the westerly boundary of the Property near the intersection of Nugget Way and
McVay Highway. ,This line, constructed in 1999, flows west in Nugget Way, then north' ' "
, 'into the Nugget Way Lift Station at the coiner of Nugget Way and East 19th Avenue. A 6"
inch pressure liDe then e)(timds from the lift station within East i 9'h Avenue, Henderson'
Avenue, and East 17th Avenue to a gravity main in Glenwood Boulevard. The pubiij::sewer
, systein described in this recital is hereinafter referred to as the "Nu.gget Way Sewer":
'. '" . '.' . " . . -. ..'. '..,.. .
· ' Pui:s~ant to the City's recently adopted Wastewater Master Plan prepared by CH2MHill in ,
2008 and J;"ecent Cityimprovementsand testing to reduce infiltration and inflow into th~ ','
Nugget Way Sewer, sufficient capacity existsto serve the Property under the Current
Zoning. '
. '.' .... ,-
. The Nugget Way Lift Station was desi~ed to accommodate a peak flow of tip to 672
gallons per minute (GPM) from sources located on the Property, as well as from sources (. '
with property frontage along Nugget Way ,and Newman Street Recent drawdown tests
performed by Metropolitan Wastewater Management Commission (MWMC) staff show the '
firm capacity of the lift station to be 642 GPM., Development by APPLICANT or other
parties adjacent to the Nugget Way Wastewater System that causes flows to exceed the 642
GPM maximlIDl firm capacity in the Nugget Way Vi astewater 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 runoffwilJ be necessary to support a fmding by the City that this key
urban service is available to serve the Property. '
. It is presently UI1lcnown whether future development of the properties located in catchments
three and five of the City's approved Stormwater Master Facilities Plan as approved on
":;,,, ANNEXATIONAGREEMENT-Page20fI2' ,,:.;;~ivad:.:....!/6~1
P'dnner: AL ,,'
:n.t-t-~""'hmQ'nt- 1_10
.
.
Exhibit C-3
October 20, 2008, will require treatment and conveY<lllC~ of stormwater on; through, or
across ~e Property. "
','
,. Section 1.4 including Su,bsections 1,4.1 through 1,4.7 implenient this RecitaL
, ,
'" .'
1. An interconnected transportation system with 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 Property is bounded to the West by McVay Highway, currently owned and operated by
,the Oregon Department of Transportation (ODOT). McVay Highway is an unimproved
, two lane striped asphalt mat street' with Ii centertuining lanealorig a portion orthe,.,. .
'. APPLICANt's Property frontage, McVay Highway is not improved to full Vrban
Standards. ' , ..' .. . . . . C" .
.. Nugget ~ay intersects MC~~y Highwayon the w~stsideofMcVaynearthenorthem " "
. portion of the APPLICANT's Property frontage. Nugget Way is classified by Lane County, ....
, .' as Local Access Road (LARYand is under. County JUrisdiction, imd containS curb, gutter, a .
. limited drainage system arid a limited number of street lights. . Nugget Way is not improved
to full Urban Standards.Ther~ is no public miUntemmce by City. or Lane County of Nugget '
Way. '., . ... . ,
. . '. .
J. The minimum urban level of fire and life safety services necessary to fully meet City standards
may be currently aviUiableto the Property. The provision of additional sefvices may be .' .
. necessary for uses that require improved responseiimes or other Fire and Life Safety services .
.', or equipment to ensUre City standards are met. Additional services mayalsobe required in the .
event a development is proposed for the property which impacts road capaCitY and adversely
effects respons~ times. . .
K. Portions of the Property are located within the floodplain and floodway of the WilIamette
River, as d~icted on the Flood Irisurance Rate Maps (FIRMs) issued by the National Flood
Irisurance Program (NFlP). 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 propos~d annexation. The
new FIRMs will become effective July 27,2009. . .
1. Iri order to facilitate orderly development of the Property and ensure the full provision of key
urban services that are satisfactory to the City and meet the City's conditions for an affirmative
recommendation for arinexation to the Common Council, and in exchange for the obligations of
the City set forth below, APPLICANT shalI comply with all requirements imposed on
. APPLICANT in this Agreement. .
M. With respect to BaLI wages, the parties understand that Applicant may construct infrastructure
with its own resources and funding that may, ultimately, be turned over to the public. Iri such
event, current BaLI interpretation would appear to exempt such construction from BaLI
prevailing wage requirements. This document is written in light of current BaLI interpretation.
Iri the event such interpretation were to change, Applicant shalI defend, indemnifY and hold
',", ......-'~:.! ~;,c~ " \
. ANNEXATION AGREEMENT - Page 3 of 12 .' "
. . Attachment 1-19 DatE:1Received:3d"'/~1
Planner: AL /
.
.
Exhibit C-4
harmless City from all claims, causes of action, attorney fees, wage claims and costs arisirig out (:
of any change in such interpretation. '
. .
. .
: . ,Now, therefore based upon the foregoing Recitals, which are speCifically made a part of this
, Agreement, the parties agree as follows: '.
. ., .
. .
AGREEMENT
. .
. ,
1.2. Apply fOT,and obtain, Final Site Plan approval, purs~ant to the applicable Springfield ,
. Development Code Sections in effect at the time developmerit is proposed. This Paragraph is
subjectto the requirements of Section 8, beiow. " " . .
1.3. Secure City Engineer approval of any necessary rub lie Improvement Plans, Final Inspection,
submittal and approval of any necessary As-built Pllins 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 wastewater conveyance systems to provide
wastewater service to the development as follows: ' , ,
(
1.3.1. In the event development on the Property exceeds 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 to construct 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.
.,.:..~~:\<.;~,. '...
ANNEXATION AGREEMENT-Page 4 of12
Attachment 1-20
1""1' .', i"'e~el'J"d" /:4. /,;n-r,'
!'JCl. '.' . \. ~v v.. tJL..._L-.
. Planner: AL.' , " ' .
.
.
Exhibit C-S
1.3.4. APPLICANT shall bear the full cost and obligation to design, construct, and maintain
until accepted by City the onsite proposed wastewater system that connects to the
existing public system, incll:!ding but not limited to assodat~d easements, engineering.
costs, permit applications and fees, legal costs, construction.andinspectioncost~, arid
. the preparation of As-built Plans. .
1.3.5. Concurrent with approval of any application for the initial discretionary development or
land division for any portion of the Property, APPLICANT will provide financial
security acceptable to the City for all costs associated with the above described
(Section 1.3 et seq.) wastewater system construction. APPLICANTis directed to
Paragraph 13 of this Agreement concerning current requirements in relation to
regulations of the Bureau of Labor and Industries (BOLI) arid the payllent of prevailing
rate of wage. The cost of all publicly funded public improvements shallbe estimated. .
based upon the prevailing rate of wage an<l.financial securi,ty.shall be adequate to
provldeforthepaymeilt of said prevailing rate of wage. .
. .,
. ..
.. . .
1.4 Secure City Engineer approval of!)ny necessary Public Improvement Plans, Final Inspection,
. . submittal and approval of any necessary Ascbuilt Plans and Acceptance by the Common
. Council prior to Occupancy. Approval for any new structure OIi the Property is contingent
upon development of on-site and off-site stormwater management systems to provide drainage
seIVice to the development as follows: . . .. .. .
. .
. .
L4.1APPLICANT shall be required to provide and be financially responsible for provision. .
. imd construction of a stormwater management system to serve the Property and its
. related public improvements.
. .
L4.2 APPLICANT shallpreparethe studies, plans, permit applications, and ot.~er stipporting
documentation necessary to obtain the permits and other approvals riecessary to . .
. construct the stormwater management systems described in Paragraph 1 AI, above.
L4.3 APPLICANT will develop the Property in accordance with stormwater 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
ANNEXA nON AGREEMENT - Page 5 of 12 ,
- Attachment 1-21 DateReceived:~~"'r '
"';-;:, ,":. . . Planner: AL
.
.
. ....
Exhibit C-6 ,
c08ts;permit applications and fees, legal costs, construction and inspection costs, and
' the preparation of any necessary AScb~ilt Plans. '
1.4.6 , Concurrent with approval of anyapplicatlon for the initial discretionary development or
land division for any portiori of the Property, APPLICANT will provide financial '
security acceptable to the City for all costs associated with the public stormwater
management system construction. APPLICANT is directed to Paragraph 13 of this
Agreement concerning current requirements in relation to regulations of the Bureau of
Labor and Industries (BOLI) arid the payment ofprevaiIing rate Ofwage. The costof ,
all publicly funded public improvements shall be estimatedbasedupori the prev<iiling
, " rate of wage, and financial security shaJI be adequate to providefor th~ payment of said
prevailiIlg rate of wage. ' ,
.. , . .
1.4. 7 APPLICANT agrees that it will cooperate with the City jn determining the most
, ef'ficient arid appropriate way of treating and conveying st6tniwatei' from properties
located in catchments three and five of the City; s approved StoJ,Tllwater Master '
'" Facilities Plan as approved on October 20; 2008. To fueextent that a public stormwater ,
' 'system is required to treat and conveystorIDwater on, tirrough oracrossthe property,
City shall first work with APPLICANT to determine if existing easements on the
, property maYbe utilized for such treatment,and conveyarice. In the event existing
easements on the property are insufficient for treating arid conveyingstormwater, City
may condition a development application as set forth in ~eclionIOB. Further, nothing
herein shall be construed as a limitation upon the CitY's right of eminent domain.
, , (
1.5 As a component of ellch dev~lopment application for the Property; APPLICANT sball 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 Development Code Section applicable' at the
time development is proposed. APPLICANT may also propose using this corridor to meet or
partially meet requirements 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 be granted, 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-si,te 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 of the annexation site abutting McVay Highway from
the annexing Property's northern property line southward to the base of the bridge
wbere 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
...../ "..:". ..~
"~ '"
ANNE~TIONAGREEMENT-Page60fI2 '''~',' . 7~;~,
"'Att h t 1-22 . Date,,,,~celved. 'i
ac men, Planner: AL , ' ,
, ,
.
.
Exhibit C-7
intersection control specifications, and associated fees in effect at the time of
development. If ODOT is the road authority at time transportation improvements are
made, then ODOT construction standards' and permitting requirements shall also be
, met""
1.6.3 : The annexing property will be accessed from no more than two points: one at the
, intersection of McVay Highway and Nugget Way, and one at the southern end of the
property as determined by the City Engineer during site development. If ODOT is the '
road authority at the time improvements are made, then access points lire also subject
, to ODOT access permitting requirements and approvals. ' '
",
, . .'
1.6;4 APPLICANT is responSIble for one half the cost of intersection control,' as 'specified' ,
'by the applic~bleroad authorities, at theMcVay HighwaYlNugget Wayintersection., '
APPLICANT is responsible for the full cost ofimproverrumts at the property's,
, southern access location: In the ,event that additional right of way is needed for the'
. .. " " . - .',' .
"intersection improvements tothe Mc V ay/Nugget int~section and the future southern
access point, that right of waywilJ be provided by the' APPLIC.ANTat no cost to the
.' . . .... .. . . . '.. ".
, , public., '
. . " , .
: . . '. . "',".
, '
, '
, ' ,
1.6.5' Upon annexation, AP;rLIC.ANT shall dedicate a 20-foot wide public easement alorig',
the Willamette River riverfront within the 75 fobt riparian setback sufficie~t for that
portion of the Glenwood Riverfront Path required and depicted on the armexing ,
"property in the GJenwood Refinement Plan, the WilJamalane Comprehensive Plan and
TransPlan. It is the City's 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 Glenwood 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 of the
Clean Water Act and other land use and environmental 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 of the annexed property.
1.6.7 APPLICANT shall prepare the,studies, plans, permit applications, and other
supporting documentation necessary to obtam 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 DateFieceivad:,*~,---,
Planner: AL " '
.
.
Exhibit C-8
engineering costs, permit applications and fees, legal costS, construction and
. ..
inspection costs, and the preparation of As-built plans.
. .
1.6.9 Concurrent with approval of any application for the discretionary development or land
. division for any portion of the Property, APPLICANT will provide :fiflancial security
acceptable to the City for all costs liSsociated with the above ti-ansportation system
. construction. APPLICANT is directed to Section 13 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 publicly funded
. public improvements shall be estimated based upon the prevailing rate of wage; and
fimuicial security shall be adequate to provide for the payment .of said prevailing rate
.~~ . - . - -
.,' . . '. .... . '., ..,.'. . . .... -', '.
. . .1.7 . Provide lind be financially responsible for the provision of any additional urban facilities and
. services identified during thereview and approval of the Tentative Site Plan and/or the Public. ..
. -Improvement Plans.as necessary to serve the development ofth.e Property, inCluding the. .
~onstruction and maintenance thereof. . .. .. - ..
. '" . , .
. . .
. ...., : '.' . . '.' "... '
1.8 -. In determining APPLICANT's share of costs for the improvements described in this
Agreement, the full cost for the provision of the hnprovements lIt the time of construction
· sha11 be used. For the purposes of this Agreement, the full cost sha11 include design, ,
construction,acquisition ofland and/or-easements; studies, permits from an agencies having
jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation.
of theneeded improvements. . - (
2. . Obligations of Citv. Consistent with the above Recitals, City agrees to:
. ". .
- .
. " . . . . .
2.1 Iiritiate and support annexation of the Property to the City before the Common Council and
support APPLICANT's defense of any appeal of a decision to the City. However, the City
., will not assume any financial responsibility to provide legal counsel on appeal. .
2.2 Conduct the timely review and decision making of the Tentative Site Plan, Final Site Plan,
and any necessary Public Improvement Plan applications in accordance with City procedures
for the development of the Property.
2.3 Work cooperatively with the City's urban renewal agency (USEDA"), to foster and provide
support, including fl11ancial support, through the adopted Glenwood Urban Renewal Plan for
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 overbuilt for public use by other than
the Owner of the property and 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 otherwise
larger, different or additional facility, City shall be responsible for the differential cost of that
" j..
'..
ANNEXATION AGREEMENT - Page 8 of 12
- . {';,.,..I /~-:"'t.8ivad:
Attachment 1-24 Planner: AL
11;;()!;n,
. I /.
" ,
.
.
Exhibit C-g
project, if any, including any difference between non-BaLI prevailing wage rates and
applicable BOLVpievailing wage rates that Applicant may incur as a result of such
, overbuilding requirement. In the case of the oversizing example described above, CitY would
be responsible for the difference between the cost of a 12" pipe ni.stalled at prevailiogwages
rates and the cost of and 8" pipe installed at rates applicable if the pipe 'installation were not
subject to prevailing rate requirements.) , ,',
3. The requirements of Section I are base requirements in order to secure anoexation approval, In the
event that the Comprehensive plan designation for the property and zoning on the property is
changed prior to subruission of any development application for the property, then City will, in
" addition to the requirements of Section I, apply the development standards in effect at the time of
, , ,,~U(,:h application(s) for,the purpose of requiring public street improvements (See Section 19B). '
'. . '. .
4, "C~venantsRunning With the Land, It is the intenti~n of the parties that the ,co~enimts herein are,
necessary for the annexation and development ilfthe Property and as Suchshalliim with the '
, :, Property and shall be binding upon the heirs"~xeclltors, assigns, adruiIiistrators, and successo,rs 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 Comity .
", 'Deeds and Records. This Agreement may be assigoed by APPLICANT aild shallcontin~eto apply
to any assigns or successors in interest to APPLICANT. ExecutiOJi ilfthis Agreement isa" .
precondition to the srtpport of the City for anoexation of the Property desCribed iri Exhibit A to the '
'City. Accordingly, the City retains all rights foreJ;lforcement oftl1is'Agreement. '
( .
. . -'
, , '
. . . . ' . '
, ' ,
. .' .
" . 5.. Limitations on the Develooment. No portion ofth6 Property shall bedevelopedprioito fu~
, approval of a Tentative Site Plan and any necessary Public Improvement Plaris for the wastewater,
system, stormwatermanagement system, and transportation system for'the proposed development.'
6. Mutual Coooeration. City and APPLICANT shall endeavor to mutually cooperate with each other
, hi implementing the various matters containoo herein.
7. Waiver of Right of Remonstrance. APPLICANT agrees to sigo 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 sigoed 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 ruiuimum level of key
urban facilities and services as defined iri 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.
\.' ~'~.... "1
9. 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. Nothirig herein shall be construed as City providing or agreeirig
ANNEXATION AGREEMENT - Page 9 of 12
, Attachment 1-25 DateReceived:~~?
Planner: AL. '.
.
.
Exhibit C-IO
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 Stateandlor'Federal .
permits arid any other approv,\ls as may be required. '
.. 10. A) Dolan.' APPLICANT knows and understands its'rights under Dolan v. Citv ofTigard(S12
U.S._114S. Ct. 2309,1994) and by ent~ring into this Agreement hereby agrees that the
obligations of APPLICANT" for payments, finanCial responsibility and reimbUrsements set forth in
Section 1, required herdn, 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. Citvof
Tigard and cases interpreting the legal effect ofJ)olan arising out of the annexation oftheJlroperty
as currently designated LMI on the Metro Plan and as zoned LMI(UF-I0) on the Springfield .
. . Zoning map.
". . . '.": . : '-. ." .... .
. , ,
.. B) in the event development applications are submitted after any change in the comprehensive plaif. ..
. . designation and zoning on the property occurred (from LMI to another designation and :lOningj,
then the roughly proportional principles of Dolan shall apply to any requirements for public .
., irriprovel11ents, which are conditions imposed by the City in excess of the requirements in Section
,1. ' .' .
11. 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 arid successors hereby. '
waives ariy.c1aim or cause of action it may have under such ORS provisions agaipst the City.
(
. . . .
. , . .
12. Invaliditv. if any provision of this Agreement shall be deemed unenforceable or invalid, s~ch
enforceability or invalidity shall not affect the enforceability or validity of any other provision of
this AgreemeJit. The validity, meiming, 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.
. 13. BOLI/Prevailing Wage Rate. The APPLICANT will require, as a condition of any publicly
funded contract for construction ofthepubIic 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 of ORS279C.800 - 870, with respect to such PROJECT. .
. ..... ~1 ~ '.
',';.
"",. ...
Date: Fleceived: ?j~/J.nt?
. Planner: AL . '. .
ANNEXA nON AGREEMENT - Page 10 of 12 .
Attachment 1-26
.
.
Exhibit C-ll
Any and all cost estimates shall be prepared on the basis of prevailing rates of wage,
, , d..." ,
DATED this /<1 -:tlay of August, 2009. '
IN WITNESS WHEREOF, the APPLICANT 'and City have executed this AWeement as of the date
first herein above writtl:n. " " '.
APPLIcANT,
. OWNER "
Wildish Lartd Co. '
Eugime Allen COIJl.
, 'OWNER
'STATE OF,OREGON
COUNTY OFLANE
)
) SS.
)
BE iT REMEMBERED that on this, 14th "day of August, 2009 before me, the undersigned, a
notaiy public ,in and' for said County ~d Statt;, , personally appeared the within,named hmes A
Wildish ' whose identity was p~oved to me on the basis of satisfactory evidence a,nd who executed the
, within ,lnstnimentand acknowledged tollle,that j ameS A. Wildish' executed the same freely' and
voluntarily. '" , ,
IN TESTIMONY WHEREOF, I have her~nto set my hand and affixed my official seal the day and
year last above written. "
OFFICIAL SEAL
GWEN ADAMS
NOTARY PUBLlC'llREGON
COMMISSION NO: 424427
MY GOMMISSION EXPIRES FEBRUARY 26, 2012
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TARY PUBUC FOR OREGON
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My COMMISSION ExpIRES
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ANNEXATION, AGREEMENT-Pagel1 of12 , . ,', ,.I j.'
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Attachment 1-27 Planner: AL' , . ,
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Exhibit C-12 "
CITY OF .SPRlNGFIELD
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By:
. Gino Grimaldi, City Manage!
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. STAlE OF OREGON )
) SS.
CoUNiY OF LANE )
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HErr REMEMBERED that on this . day of . '. . " 20Q9.beforeme, the
. Undersigned, .a notary public in and for said CoUnty and State, personally appeared the within name<i
. . Gino Grimaldi ." whose identitjwas proved to me on tb,li basis of satisfactory evideJ1.ce and Wl10by me
. dulysworn, did say that he is the c::ity Manager of theyvithin named municipalcorpor;;tnon aod does
'. aclrnowledge .said instrument tobe the free act.ailddeed of said municipalcoqioration, and that the . .
". seal .affixed to' said instrument i~ the Corporate seal of said municipal corporation, and that said
'. insttumei1twassigned ~d sealed in behalf of said municipalcorporatiOJ:l bY authority of its Common
"'Council' .................. '. ........ . ." .
IN TESTIMONY WHEREOF, Iha~e hereunto set my haod~daffixed my official seal the day and
year last above written..' .' .' . '. .' .
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NOTARY PUBLIC FOR OREGON
My COMMISSION EXPIRES
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Date: Heceived: I #~t .
Planner:.AL' .
. ANNEXA IION AGREEMENT - Page 12 of 12
Attachment 1-28
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Exhibit D-1
TYPE IV -ANNEXATION
STAFF REPORT AND RECOMMENDATION
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File Name: Wildish Land eo. Annexation,
Owner(s)/Applicant(s): Wi]dish Land Co. & Eugene Allen Corp.
Case Number: C SP 2009 - LRP2009-00009
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Proposal Location: " Mostly vacant ind\lstrial land lying east of Nugg~t Way between McVay,
Highway and the westbank of the viillametteRiv~r, in Glen\Vood. ' '. ,', , '
, 'Existing Zoning:' Light Medium Indus~al (LMi) with Urballiiable FringeOverIay(UF~i 0) '",'
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Zoning After Al!oention: LMI
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Metro Plan Design~tion: LMl,
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ApplicationSubmittal Date: August ]4,2009 ' '
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Associated Applications: Z0N2ob8~OOOOI & ZON~009-00008(Devd6pment issuesMeetin~s);
PRE2009-0001O (pre-submitta] App]ication) ,
, CITY OF' SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE
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NAME
And Limbird
Jon Driscoll
CIa on McEachern
Gilbert Gordon
Dave Puent
PHONE '
726-3784 '
726-3679
726-]036
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.
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Attachment 1-29
. D~t~ Received:~,di~1 "
" Planner: AL, " ,
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Exhibit D- 2
Review Process (SDC 5.7-115): The subject annexation application is being reviewed under Type IV
procedures, without Planning Commission eonsiderntiop..
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Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of aU,
annexation llpplicati,:ms. ' , , '
Finding: A Development Issues Meeting (DIM) for the subject annexation w~ held on April 9, 2009 (Case
ZON2009-00009).' '
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Conclusion: The requirement in SDC 5.7-120 Is met.
Annexation Initiation and Application Submittal (SDC 5.7-125): An annexation application may beiIiitiated
. by written consents from affec~ed,eleCtors lind/oi-property owners. '
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, "Finding: The applicllDt 11as submitted ,the list of OwD.ers,~ected tax lots, str~etaddresses, si~ed petitions and '
, written consents to anneXation in, accordance with SDC 5.7-125;13. Pursuant to SDC 5.7-i25.B.2.b and QRS,'
22i.i ni( I), the forins are completed and signed by more thanhalflhe owners ofland in the territoiy, who also'
own more than half the land in'the contiguous territory and of real property thereinrepresentingmcire than'half
the assessed value of all real property in the contiguo~ temtory. ,,' ' , " '
,Finding: Theapplicant h~ provided written consents,to annexati~n from 100'lfo of the owners of land in the'
, , territqry, who own 100% ofthecimtiguotis landand real property therein arid 100% ofthe assessed value.
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Conclusion: The ~pplication~equir~ments ill SDC 5.7-125,have been met.
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., Site Information:" 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' oftheWiUari1ette, River, arid north of the'
, . Southern pacific Railroad line. The subject annexation area comprises approXimately 38,.28 acres and conta~ a,
, . two-story, office and maintenance shop building. The site is, a' former gTaveland concrete processing plant, but
is now mostly vacant. The subject annexation territory is intended to remain as vacant iridustnalland and there'
, ar,eno current development plans for the property. The applicant and staff are not requesting annexation of the
fronting public streei 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 described in the attached Anp.exation
Agreement. .
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,
Springfield Police Department), schools (Eugene 41), 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 arinexation, 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.
Attachment1-30
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Exhibit 0- 3
Posted Notice. Notice of the November 2, 2009 public hearing w~. posted in 'six public places in the.
City [in three locations along the property frontage on Mc V ai Highway; at the Spririgfield City HaJl ..
and ill the Development Services office; and on.the City .of Springfield website] .on October 14, 2009,
for two successive wedcs prior to the hearing date. . .
Finding: Upon annexation of the subject p'roperty to the City the current LMI zoning will be retained, butthe
Urbanizable Fringe Overlay District (UF-IO) will no longer apply. Due.to this change, the Oregon Depiutment
of Land Conservation and Developm.eiIt(DLCD) was notified in writing of the aIlI1exatfon proceedings :more
than 45 days prior to the public hearing. Notification to DLCb was sent on August 21,2009.
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Conclusion: Notice of the public hearing was provided corisistent with SDC 5.7-130.
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. Recommendation to City Coimcil (SDC 5.7-135): The Director shall forn;ard a written reconimend~tion on ....
. .the annexauonapplicatioiI to the City Council baSed 011 the approval criteria specified in Section 5..7-.1 40, 'which .
are provided as follo"'s withtheSbC ~eqliiremimts,findings, and ~OIiclusions. The Director's T.ecomnieildation .
follo\\,s SDC 5.7-140,Critena . . . . .
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. Criteria (SDC 5.7c140): . The application may be approved only if the City. Council finds that ikpropo~al
conforms to the following criteria: . . . '.' . .
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The affeCted territory proposed to. be annexed is within .the City's urban growth boundary; and is .'
'. i. Contiguous to the~ity limits; or .. .... . . '. . ....
2. . Separated from the City only by a public right of way or a stream, lake or other body of
water. . .
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. Finding: The subject aruiexation is located within the acknowledged urban growth bouridary wmi) of the
Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The annexation area does noi directly abut
the Springfield city'limits, but is only separated by an intervening public righi-of-way (McVay'Highway)
therefore meeting the statutory definition of contiguitY as fo,!"d in ORS 222.111(1) . .
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Conclusion: The proposal meets ibis criterion.
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plllns 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, pagdI-C-5; and Policy #2], 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 wiibin the urbanizable area'
Finding: The annexation area is within the Glenwood Water District. . The watet district also has service
arrangements with Springfield for provision of flIe 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
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Attachment 1-31
Date Received:...!?" ~
Planner: AL . I'
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Exhibit 0- 4
annexation area will be withdrawn from the Glenwood Water District consistent with ORS 222.510, 222.520,
and 222.525 and Springfield Utility Board will provide water service directly to the annexed property,
,Finding: After th,e 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. '
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 territ()ry within the City of Springfield. "
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Finding: The su~ject,propertyis located within Subarea 10 -, South McVay.tndustriaJ of the Gi~,;wood ,
Rlijinement Plan. 'The adopted Refinement Plan (Subarea 10, PolicYI) contemplates continued light-medium
'industrial land use, on the site. There are no proposed changes to the current LMI zoning for, the subject,
,annexation ,area ,',
Conclusion: The proposal meets this criterion.
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Findipg: The Metro Plan recognizes annexation as the highest priority for extending the'minimum level of key ", (
'urbanfacilities arid services to urbanizable areas (pQlicies #8 and #10, page I1CC-4).
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Finding: The territory requested for annexation will take advantage of urban servic~ delivery systems that are
already in piace or can be logically extended to serve this area. In addition to urban utilities, the following
'facilities arid services are either availahle or can be extended to this annexation area: '
Water - SUB Water provides water service to incorporated areas of Glenwood. 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 GJenwood that are
already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department
and Lane County Sheriff's Department. Upon annexation, this area will receive Springfield Police services on
an equal basis with other properties inside the City.
Fire and Emer2encv 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 ofM 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
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Planner: AL , ' ,
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Exhibit D- 5
The Eugene Fire Department also provides emergency response to the Glenwood area under a mutual aid
agreement for emergency response.
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Emergency medical transport ( ambulance) services are provided on a regional basis by Eugene, Spr],;gfield, 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 ha.ve 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 r~creation facilities, such as the Willamalane Park Swim Center, Lively.
Park Swim Center, Memorial Buildmg Community Center, and Willamalane Adult Activity Center' will be
available to residents (if any) and 'property owners as new development occurs. It is not expected that the
". requested annexation area will lIeneratean. appreciable number of new residential units, owiI1g to ihe'indilstriaJ
land use de~ignation.. The park district offers various. after-scho(jl and other programs for children at schools
and parks throughout the community. Alsoavaila1:>le are pathways. an~ several categories of parks," includmg
. community parks, sports parks, specialuse parks,aIidnatural area parks. The closest neigJiborhood park lothe
requested annexation areals james Park at 4141 East 19th Avenue. Other parksm the vicirlity oftheprop(jsed
. . annexation area include Island Park, Willamette .Heights Park and Mill Race Piuk' . . . ..
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C~ncurrentwith annexation to lhe city of Springfield, the subject area will be annexed to the Willarital~e Park' .
. and Recreaiion District consistent with CitY policy, if the city Council deiermmes that annex~ti6nto fuespebial
.district is m the best mterest of the City, The subject property isalso identified for future extension'ofa
recreational pathway system along the west bank of the Willamette River. . Provision of a 20-footwide public.
easeinentfor future riverside'access is contemplated m Section 1.6.5 of the Annexation Agreemejlt signed by the
applicant. . . ...... . . ... .. . . . . .
,. Schools ~ Euger\e 4J School District serves the Glenwood Area. Existmg schools..c Camas Ridge Eiementary,
Roosevelt Middle, and South Eugene High. School serve the neighborhood" including the subject imriexation
. area. However" underthe current zoning designation it is not expected the annexed territory would gene,,;te an
appreciable number of school children. . . .
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SanitarY Sewer - The annexation area can be served by an existmg 8-inch public sanitary sewer line that
termmates near the mtersection of Nugget Way and McVay Highway. The existing 8-mch sewer Ime flows to a
sanitary sewer lift station located at the comer of Nugget Way and East 19th Avenue. From there, a 6-inch
pressure line connects via East 19th A venue, Henderson A venue and East 17th A venue io the gravity sewer main
in Glenwood Boulevard. There are limitations on the sanitary sewer flow from the subject property to the
Nugget Way lift station. As development proceeds on the site, future sanitary sewer connections and upgrades
may be required as described m 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 determmes that annexation to the special district is
in the best interest of the City.
Stormwater - 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 storm water management
techniques m accordance with City standards and as described m 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.
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Attachment 1-33
Date i~eceived:3Mg.n>f
Planner: AL .
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Exhibit 0- 6
Therefore, annexation ofportkms of McVay Highway along the property frontage is not recommended with this
annexation proposal. In accordance with provisions of the Annexation Agreement signed by 'the applicant,
future access to the annexation area will be liIl!-iied to a fourth (east) leg of the Nugget WayIMcVay Highway
intersection, and a second intersection at the southein end of the property.. The access points are subject .to
. ODOT permitting standards and approval. .. '.
. Solid Waste Manm>:ement - The City and Sanipac have an exclusive franchise arrangement for residential
garbage service inside the City limits. Commercial and industrial garbage service is the responsibility of the
property owner or tenant, and can be provided' by Sanipac or other independent contractors. Upon annexation '
and further development or redevelopment of the property, solid waste disposal service can' be' provided by'a
number oflocal firms. . .
. Communication Facilities- Various providers offer both wired. and wireless comniunication services in the
'EugenecSpringfield metropolitan area. Existing providers' and those entering the market have the capabiliiyto "
provide setviceto Jillure development in this area. '. ....... . '. '.. .
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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 aiready haS
planning and building jurisdiction for this propertY. The Citywillcontinuetoadininister land Use controlsafter
annexation. .
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FU;ding: The mininlUm level of key .urban facilities and services, as defmed on page y- 3 of the Metro Plan, are
. . either immediately available or can be provided within a reasonable futiIte time . frame as' ~eeded. . The ,
Annexation Agreement signed by the applicant details the timing and delegation of financiil.! responsibility for
provision of key urban services to the annexation area.' ..' . .
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. . Conclusion: The proposal meets this criterion.
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D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or
other mechanism approved by the City Coundl. .
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 WilIamalane 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 ]6,2009. .
Finding: The City Council conducted a Public Hearing and gave first reading to the armexation 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 armexation 'area (Map ] 8-03-02-20, Tax Lots 3000, 3] 00, 3200 and
3300; and Map ]8-03-02-32, Tax Lot 3800 - municipally addressed as 485], 4857 and 500] Franklin
Boulevard) per Ordinance No. -' totaling approximately 38.28 acres.
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Attachment 1-34
Date! Raceived:-.:!,ao/.;.ro?
Planner, AL' /
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Exhibit D- 7
Zoning (SDC 5.7-150): The annexation area is designated Light Medium Industrial (LMI) in the Metro Plan
and adopted Glenwood Refinement Plan. The current zoning is LMI with Urbanizable Fringe Overlay District
(LMI/UF-IO). .,
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Finding: Upon the effective daie of the annexation, the UF-1O overlay is automatically removed 'and the subje~t
temtory remains LMI, which is consistent with the Metro Plan and (Henwood Refinement Plan design~iion. .
Effective Date and Notice of Approved Annexation (SDC S. 7-155): If the annexation ordinance is given a
,second reading and approved on November 16, 2009, the Ordmance will become effective 30 days after.
adoption by the City COuncil and execution by the Mayor. . . .
Finding: City CoUncil gave second reading to Ordinance ~ on
effective conSistent with SDC 5.7-155 .and ORS Chapier 222 on
,2009. . The OIdinance became
,2009. .
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. WithlirawaI.from Special S~i-vice Districts (SDC5. 7~ 160): Withd~wal from sp6cial districtsmay occur
. concurrently wjtbthe approvedannexaticin Ordiiianc~ or after tile effective date of the annexmioll oftemtory to
,the City: The Director shall recommend to the (;ityCouncil for consideration of the withdIawai of the annexed
territory from special districts as specified in ORS 222. ' In deterinining whether to withdraw the tetritory;the
.. City COUpdl shall determine whether the .withdrawal is in the best interestofihe City: Notice of the withdrawal
shallbeprpvided iri the same manner as the annexation notice in Seciionp-ISO,
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.. Finding: The annexation area is within the Gleriwood Water District Consistent with SDC 5,7-160, notIce ":as
provided, a public hearing was held, and the CitY CoUncil determined that withdrawal frondhe Glenwpod Water .
District was.m the best interest of the City: The withdrawaldecislon was codified in Ordinance No." .
: Exhibit: ,. .,.: . . . .. . :.. . . ..: '.....
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A As~essor' s Maps showing property requested for annexation (redlined) and numbered survey course~ .
. .. contained in legal description .
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Attachment 1-35
Date Received:--!:,&/~t
Planner: AL I.
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Exhibit D- 8
EXHIBIT A
fOR ASSESSM ENT
AND rAXA110N
ONLY
NW 1/4 SECTOPM 2 T.leS: R.3W. W.W.
LANE COUNTY.
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IS' 03 02 2
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Attachment 1-36
Dalel Received: //.~C) ~y
Planner: AL.' :Y-7L~
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Exhibit D- 9
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EXHIBIT A (Continued)
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Date i'ieceived: . /:4~'l .
Planner; AL '.
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Attachment 1-38
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ATTACHMENT D-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
D-6 and was not considered to be a substantive revision:
.Solid Waste Manaoement - The City and Sanipac have an exclusive franchise
agreement for rosidenti31 garbage service inside the City limits. CommerGbl 3nd
industri31 g3rb3ge service is the responsibility of the FJroperty owner or ten3nt, 3nd C3n
be provided by S3nipiJc or other independent contr3ctor. Upon annexation and further
development or redevelopment of the property, solid waste disposal service can be
provided~ by 3 number of loc31 firms.
Date ~eceived:40 1iJh?
Planner: AL /