HomeMy WebLinkAboutOrdinance APPLICANT 11/30/2009
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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 tenitOl)' was submitted on August 14, 2009, said tenitory 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,
WHERJ!:AS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitan Area
General Plan (more commonly known as the Metro Plan) urban growth boundary and is contiguous to the City
limits [SDC 5.7-140.A]; and,
WHEREAS, the annexation is consistent with Policy 10, page II-C-4; Policy 16, page II-C-5; and
Policy 21, page II-C-6, in the Metro Plan [SDC 5.7-140.B] requiring annexation to the City of Springfield as the
highest priority for receiving urban services; and .
WHEREAS, the minimum level of key urban facilities ~d services can be provided in an orderlyand
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 5.7-140.0], 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 tlIe Director's
recommendation to concurrently annex the subject territory to the Lane County Metropolitan Wastewater Service
District and Willamalane Park and Recreation District, as these special districts are service providers for the City
[SDC 5,7-140.B]; and is consistent with the intergovernmental agreement between Lane County and Springfield
regarding boundary changes dated May 21,2008; and,
WHEREAS, a' Staff Report was presented to the City Council with the Director's recommendation to
concurrently withdraw the annexation territory from the Glenwood Water District as the Springfield Utility Board
would provide water utility service directly to the area after it was arinexed ~o the City [SDC 5.7-160.B]; and,
I ~'\"':.~>Oa:;01'/eCejVed:-!y40 b-J_
,. 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: The Common Council of the City of Springfield does hereby approve the annexation are~ 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 I, 20 I O.
SECTION 3: The City Manager has signed the fmal Annexation Agreement, which memorializes the
owner's commitment, agreement, and obligation to meet the City's requirements for provision of the minimum level of
key urban services and filcilities.
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' leld this 16th day of November, 2009.
C
ATTEST:
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City Record r
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OFFICi: OF CITY ATTORNEY
City of Springfield. Oregon
CERTIFIED TRUE COPY
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City order
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2
ORDINANCE NO. 6250
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Exhibit A-1
Legal Description for the Annexation
. . ofthe
Wildish Glenwood l'lant 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 SOUTII 1237.57 feet from the northwest. comer of
said Section 2; thence.
. 1.) North89059'05" West40.89 feet to a point on the easterly right of way bfMcVay High~ay
30 feet easterly of, when measured at rightangles to, the centerline of McVay Highway; thence. ·
along theeasterl)'right of wayofMc V ay Highway the folloWing 13 courses and distanc.es
numbered2-14: . . . .
.. .
2.) along the arc of a 1303.24 fobt radius curve right (the .chord of :which bears South i031 '15"
East'39.80 feet) a distance of39.80 feet thence; .. ..
!
. .' " ......,. ' , .... .'
4.). South504 i '45" E~st 1300.25 feet to a point 30 feet easterly of and opposite engineer:s station
120+00 P.O.T; thence' .
5.) North 84"18'15" 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 89.50feet 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
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. Attachment 1-3
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Planner: AL . / .' ,
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Exhibit A-2
12.) North 8500.8'39" East 10.0.0. feet to a point 70. feet easterly of and opposite engineer's station:
125+0.0. P.O.c.; thence
'. . .
, 13.) along the arc of a 786.20. foot radius curve right (the chord of which bears South 3"35'57"
West231.l9 feet to a point 70. feet easterly of and opposite engineer's station 127+.11.4 PT;
, thenc'e
. . "
14.) South 120D:i'I5" West 140..66 feet to a point marking the intersection oftheeasterly right of
way of McVay Highway arid the easterly right of way of the Union Pacific Railroad, said poin,t
being 3D 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 Umon Pacific Railroad " '
" . -. . .' .
15.) along thearcofa 985,0.4 foot radiuS c~e right (the (;hord ofwhicb bears South 9"32'23" ,
East255.72 feet) a distance of256.44 feet; thence leaving the easterly right of way of the Union
'Pacific Railroad,
'" '.'. '. . '.
17.) in a Northeasterly direction downstream along the low water mark ,of the WillametteRiver
30.53 feet more ,or less to a point which bears South 89059',D5"East from the point of beg inning; " '
thence ' " , ",' ( "
'18.) leaving the low water mark of the left bank of the Willameite River and running North,
89059'0.5" West 262 feet more or less to a point referenced by a 5/8" iron rod with a redplastic'
I..D~ cap stamped ''Poage Eng. Ref. Corner" which bears South 89059'0.5" East 1.0.0 feet; thence
. -' .
19.) North 00.010.'49" East 69.21 feet; thence
20..) North 89059'0.5" West 50..0.2 feet; thence
21.) South 0.0.010.'49" West 69.21 feet to a point referenced by a 51R inch iron rod with a yellow
plastic LD. cap stamped "P.L.S. No. 655"; thence
22.) North 89059'0.5" 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.
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Date Heceived:
Planner: AL
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Exhibit B-1
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City of Springfield
Development Services Department
225 Fifth Street i
Springfield, OR 97477
3
, . Aill'texation Application Type IV .
Application TVpe - -, - (Applicant: Check one)
Annexation A Iication Pre-Submittal:
Address:
lSI\<\.'\"~ ~Co, IE,
'Po &'lC 7~'LBE
e~A;\~CDq:)* "
~ oR. "'.i401'
Phone: ?~I''{B5-nco . '
C:::;;",~!;;,;,:;;,~ :"" ,:::~ji;:;,!:::: '::!: ',:i''';::! ::";,:::,,,';::.;;;;,,"::'"
Fax: .
E-mail: .
:Jo.\Mes A.,W'I'~;~~ 'f'i'';\;,
"5'11- i,,8~~77z.L
Owner Signature:
, Owner Signature:
A eilt Name:
,K~":-'dc.L\\ S. \-\\",,;.\\ k. '
W'I'c\;f.~ L.w.4~. E. eV\e A.\Ieu.C'or
CJf<. "\Hbl
Phone
S~\~1oe,3-77IL
S,,! \-&:,83 -772.z..
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Com an :
. Address:
Agent Signature:
i~~~~i:~~i~~f@~~~]~M~~[~~~~tM~~~~J~~~~~~~~~~[~~1f:~~~;~~~~~v1@~~mi~~w~~~~&"~f~~~&[
IB-07J-oz---:z..o . 3000 ;i,o 3UO 33CO
ASSESSOR'S MAP NO: 1$ -"3" 2 - "-' TAX LOT NO S : J I I
Pro ert Address: '1a5'(>K 'IBS7~ f!:col Fr",-"U;..., Bille:! LA.Y1e ('<>........-1-
Area of Re uest: "3. B, '2-B o..c::--re S
"",-",_,,,,,.'''-''~''':;''-'',:"' ,-'''';;',,:-,,',',,-.', ....,,,,;,.,..,.,,..,,.'., ."""'~ ..,,"';;..-; ",-,".' ". . '.. ,.. .--' "",,,.,.. . '" ;;,.", ",.,,~,~~,,:;,;: "'''''';;.
.,., ""--,,~~ "".. .
F'ax:
E-mail
Existing Use(s)
of Property:
ICL"'+ - c-I<-Y''('",,,,-/I
Proposed Use
of Property:
7'<> Be Def'; r J'J1) h eJ
Oat!'! Received:
Pianio0r: AL
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Case No.:
LRP ~~ "I ~ DODD,!
Date:
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Page 8 of 20
Attachment 1-8
Original Submittal Ji',;t
.
.
Exhibit B-2
Total Fe.e: i"S:S,fl't7.73
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Date Received:
. AUG 1 ~ 2009
. Original Submittal rJ.~.
I...
Date I'{eceived:. 1,;!Jor~'f .
Planner: AL .
Page 9 of 20
Attachment 1-9
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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 ooth stages in the application
process. An application witho~t the Owne.r's original signature will not be accepted.
Pre-Submittal
The undersigned. acknowledges that- the Information in this app.lIcatlon Is correct and accurate for scheduling of the
Pre- Submittal Meeting. . . .' . .
Owner:
.
Date:
Signature'
T<>..w.e~ .A...tU;\d:~l...
Print ..'
.
Submittal
'. OWl1er: .
. .
. . .
.' .'
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre-Subrnltt;,1 Meeting, I affirm the Information Identified by the City as .
necessary for processing the appl1cation Is provided herein or the ITlformation will not be provided If not otherw.ise . .
contained Within the submittal, and the City may begin processing the application with the Information as . .
submitted. Th'ls 'statement serves as Written notice pursuant to the requirements of ORS 227.178 pertafnlngtoa .'
complete application. : . . . '. . '.
, J ) /JO
.a~
Date:
Date Received:
AUG 1 ~ 2009
Original Submittal Il. Y'
Date. RHceived:
. Planner: AL'
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Attachment 1-10
Page 10 of 20
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Exhibit B-4
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Sine, 1935
August 14, 2009
AIidy Liinbird, Planner
CitY of Springfield
225 Fifth Street
. Springfield, OR 97477
. DeilrMr. Limbird:
. . '.
. .
. "'.... .
Subject: . Ann~xationReguest Submlttal
. . .... . .
Enclosed please fmd the filing niaterial~ and fee payment for the v6hiIltary annexation of approximately 3 8
acres oflandoYlined by thiscompimYaridEugene Allen Corp. Can affiliated company) located at or contiguous
with property addressed as 4851;4857 arid 5001 Franklin Boulevard in the Glenwood neighborhood of .
Springfield. . . ". . ..... . .. .' . . .
This comparatively large~opertyis situatedat the so~thein entry toSpringfield~om Interstat~ 5,and is '.. .
connected to Spririgfield and Eugene by the McVay HighwaylFranklin Boulevard corridor. Formerly used as a .
sand and gravel processing site;the property is now largely vatant With the exception of all office/shop building.
leased toa heavy equipment operator training organization.' .' ..' . (
. .
' .. .
The property enjoys approximately 2900 feet of Willamette River frontage.It has direct access to McVay
Highway, a two lane state highway. The property is preseritly served by water,sanitary sewer, eiectric imd
natural gas utilities. In the future, it is anticipated that storm water will be managed on-site in a maimer similar
. to that of other recently developed properties in the area, e.g., Franz Bakery. .
The topography is flat, and there are no wetlands or significant wildlife habitats identified on the site. Although
portions of the property 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
Glenwood Refinement Plan. It is located in Subarea 10, with a small portion in Subarea 9. It is within the
Frailldin BoulevardIWillarnette River Corridor as ~~H':, '. .:;'. "' Date Received: .
P.O. Box 7428 Eugene, OR 974011 3600 W1ldish.Lane Eugene, OR 97408
. '. /" i . Teiephone: 541485-1700 Fax: 541683-7722 wwwwiidish.com .
Date Received: llj~1P'? '.. AnEqualOppartunityEmployer '. . AUG 1 ~. 2009
. Planner: AL . '.
Attachment 1-11 Original sUb~i!tal tJX
.
.
Exhibit B-S
. .
C. The proposed annexation will result lna boundary iri which the minimum level of key urban facilities and
services as defined mthe Metro Plan can be provided m an orderly, efficient and timelymanner as outlmeci in:
the enclosed Annexation Agreement.
D. Fiscal impacts to the city are also addressed m the Annexation Agreement..
In regard to issues raised durmg the Pre-submitlai meeting of April 21, 2009, enclosed please find a font-
. c6n:ected legal description, as weUas maps pertaining to McVay Highway and the location of water, sanitary
. sewer an. d electric utilities. The. McVayHighway right-cif~way is ofvariab1elNidth, andthe pave.d surface is . .
approxirriately 33 to 4~ feet wide. ProviSionsfortheh:ication of acCess jiomts are specified in the Annexation' .
Agreement, and Utility comiections will be detaiIedm furore develoPIllent proposlll.s. .' '., '. .' .
. . " . '.. . . .' ..
. .
. ... .
. .. . , .
'. We have no specific development planUor the lanci at this time. Coupled with its inclusion wIthin the .
. Glenwood Urban Renewal District lindanEnterprise Zom:~we believe the size and loc;ation ofthis property
create a significant opportunity for meeting the neighborhood's and cit)"sdevelopment goals. Annexation is the .
firSt necessary step tOWard this rea1ization. . . . . .
. .
Thankyoufor your assistance mannexmg this piopl:rty.
.!:
~M
. Randall S. Hledik
Director, General Services .
Encls
cc (w/o Encls): Mayor
City Maoager
. Date Received:
AUG 1 4 2009
1'0'_\_,.:" .~'~ ~.,
.;.;\0 '" ..\
Date, Rece:.'ved:l/ao,/;,tJ,
I /
Planner:AL
Original Submittal t?.,z::
Attachment 1-12
Applicatir ,c SP 2009 -
For CIty u, Ify. .
~
FORM 1
PETITION/PETITION SIGNATURE SHEET
Annexation by Individuals
. .
[SDC 5:7-125(2)(b)(i)jORS 222.170(1)]
. . .
I
~.
~.
~I
.. .
. '.. ..
We, the following property owners of the followingterritory;consent to the annexation to the. City of Springfield and concurrent
annexation to Lane'County .Metropolitan Wastewater Service District and Willamalane Parks and Recreation District, as deemed
necessary:'" . .
1.
S\t-,u.,.S
:r~"""s; A.~l.)ild.;Gk, Pres
Rp'lirl.oqr-ij A9dress
(street, city, zip.code)
3"'00 L..)',lcl,s"'- ~
E. eV\e oR. 1 0
;>cO' Fw..<"-l,,, 13\_"-
l- ~_~ <:"0""""" oR
NO' '5'~tc:: h.c:.\a'res..s
, VA.c..o..
'ieo51' f"";"""\<.\h, B\J
5, \:... \"
160-03 -o1,..-"'LO
-n.. :3<.00 .3300
Ie.- ,,~- ",-".32-
B
If>" ,,<> - 02. .. <.0
000 00
Signature
. Print Name
Map and Tax Lot Number
(example: 17-04-03-00-00100)
2.
- .' -
. - '- .
'.I.J,\~'s\- La:....d.CO.
)> 3.
rt
~ 4.
n
::r 5.
3
~ Note: With the above slgnature(s),"1 am attesting. that I hav~ the BL!t:hority to consent to' annexation on my own behalf or on behalf of my firm or agency.
rt authorization when applicable.) '.
E""5e..~ Alle,^ C.:>,",? .
f-'
I I,
f-' ,
W
v
'~<<\Ac\o..H '5. \-J.\ed..', k
c/l--dje{f:R IkRaY'
.,
Land
Owner
X-
X.
)<..
Acres
(qty)
-0
!g....J
'(j) <(
()
Gi i....:.
-" Q)
~l.. c:
<1l .c:'
.....ro
ro_
Oc..
(Attach evidense of such
3&.:>-8
!) ~
. (signatureofcirctJiatoi-;
(printed name of circulator), hereby certify that every person who signed this sheet did so in my-,presence.
. .. <<.
(.:.'
CERTIFICATION OF OWNERSHIP' .' '.. ". .... . ". .
The total landowners in the proposed ailOexationare '. ."2.;; (qty). . This petition reflects that ~ (qty) landowners (or legal representatives)
listed on this petition represent a total of 100 (%]'.of the landowners and. 100 (%) of the acres as determined by the map and tax lots attached
to the petition. A&T is not responsible for. subsequent deed activity that may not yet be reflected on the A&T computerized tax roll. . .
I1k&)~. .
Lane County Department of Assessment<andTaxation'
41--13-07
Date Signed al)d Certified
13 at 20
M
>:
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tJ"
\-'-
rt
tJj
I
en
'.
e.,
Exhibit B-7
,
FORM 2
OWNERSHIP WORKSHEET
(This form is NOT the petition)
(Please include the name and address of ALL owners regardless of whi:!t:her they
, signed an annexation petition or not,
.r ~~._~:""-'--:-
OWNERS
("
.Property Designatiori Assessed Imp, Signed Signed
,(Map/lot" number) , ,Name of Owner Acres ' Value Y/N Yes No
J5-t"3-i:>Z~ 2.0" w',Jdi~,^ Lo..v.d (10.
" 64'11 B-L y
:!,'z.OO l'l,'il , )( " '
3~DO '1;z.5, '2.5 402.. 't-\ X
1e,-D3-oZ-'3'i.. i.u1\a;s\",~qCo, " ' ,
,
3500 hq -cd' " 1.07 q ~I'=l N X
'~-(~( ,4-1'1)" 5,/:'9 10.11'1 ' N x:
18-0<.-~2:'io " ','
E ......"",oe All_ G,{'p
30c0 ,~ " 0,1'1 23 '~oq y,
' " X
" '"3\00 ' , Z.7P. 'loB '{ ')(
, ' 5.\9
, I
,
" ,
, ,
TOTALS: 36,z.5 l,l.OlP ';;99
TOTAL NUMBER OF OWNERS IN THE PROPOSAL ~
NUMBER OF OWNERS WHO SIGNED ~
PERCENTAGE OF OWNERS WHO SIGNED 100
TOTAL ACREAGE IN PROPOSAL 36.<..&
ACREAGE SIGNED FOR ~e."Z.B
PERCENTAGE OF ACREAGE SIGNED FOR IDO
TOTAL VALUE IN THE PROPOSAL \ ,"-0(.;,,699
VALUE CONSENTED FOR I '"Z.Ol" 6'19
PERCENTAGE OF VALUE CONSENTED FOR IOn
".:...:.::.,= ~...::. \.
Attachment 1-14
DatEj neceived:...lIhp9nf
Planner: AL T""Tl:'.
14 of 20
.
.
Exhibit B-8
FORM 3
.(
SUPPLEMENTAL INFOR~ATION FORM
(Complete aU the following questions and provide all the requested information. Attach
any responses that require additional space, restating the question or request for
information on additional sheets.)
Contact Person:
!:-mail:
f<o-.Ja.. \ l I-t \ 'Ed ~. k.
,- , . .
\"" \r. \ e cL \< (ii) v,); 1<:1 ~ s'" , <:0 W.
. Supply the following information regarding the annexation arRR' '. \
o Estimated po~ulatiOn(at presen~): '. . . "t>' . .
o Number of Existing Residential units: 9> .
o OtherUse~: '()~\'ic:-e. /'Sto{,~~t"' /S,^O?~w. \~; ,,~~t
oLand Area: ":3. 6 "2...6 . total acres.' ... .'. .. .
. 0 Existing PlanDesignatioT)(s): ..~\~'v,\-keJ.<~)"IMi.~\...5'~\C>-\' ...... .'.
'.0 Existing ;zoning(s): 'U~k\-M€.J'IJ...W-,~d\k~~;~ \ .
.., 0 Existing Land Use(s): . €. \-Ie-enl . E. v" WlelA t"T'fR'VI\I^ C''2M-\e...r
. .' 0 ApplicableComprehensivePlan(s):E.u. <-~e~<;;;~C\.~~/L\(
o Applicable Refinement Plan(s): G leV\ wood.
o Provide. evidence that the annexation is' consistent with the applicable
comprehensive plan(s) and any associated refinement plans. He~'fo 9\o.M ?o\~"''i'
ro:.-l?,- z.c;;:" ?~su..€ <MA "'-!:1,~-ress:~ <1M.W'''''-I.-;trl\.~;CL.wI. ~ SeNk\,^~ o~
a.,s\ VI<l~ i~\-r\<<-' bo,s, .:... tX~ ~ ~ C,L s",-~c..i-ev.-\- ~ IIJe-
vc.\oc;:>w..ev.."\ .~ .41~","" e ~_ o.M~..... :;. '\~ \0.
o Are there developme t plans associated with this proposed annexation?
. Yes No X
If yes, describe.
o Is the proposed use or development aliowed on the property under the current
--
pian designation and zoning?
Yes No
H/A
o Please describe where the proposed annexation is contiguous to the city limits
(non-contiguous annexations cannot be approved under 5.7-140, Criteria).
\Fe.: ",' s;. Lh M(.\I ~ . IJ,)O- loW..
I
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Attachment 1-15
-0 - w
Date f'taceivJcf:ge 15 of 20 .
Planner:'AL · /P~'
,
f:'..... ../~~ .. .:, .. .
'I
i
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.
Exhibit B-9
Does this application include all contiguous property under the same ownership?
Yes :x . No
If no, state the reasons why ,!II property is not induded:
. Check the special districts . and. others that provide service to the annexation
area:
.Ill Glenwood Water District
· Da EugeneSChool District ....
S Springfield S.chool District
. 0 . Pleasant Hill RFPD.
o .RainbowVvaterand Fire District
. '.
.0. Pleasant Hill School District
o McKenzie Fire & Rescue
o Willakenzie RFPD .
{ .
jX.SUB .'. . ..< .' .
.. .. .'. L"..-<1 cou,V\-\-y,LAV\e. Co",,,,~,,..\-~
....flll Willamalane Parks and Rec District . .l8.. Other ('o,\\e~etUw-o I;du.ra.~"OI-\ S'e(\ll~
.. . ,.... . "11\S~.'c,; )a,\e.<~pa\u.i"Ia"-1I\ .
. .R.eIAev..;>iJl. 'tl IStr ~c..t . .
. Names ,of persons to whom staff notes and notices should be sent, in addition to . .
applicant(s), such as an agent or legal representative. .. ,
. '1<a:,:,-c1 a. \\. \-\ \-ec\';'K
. . (Name) .
(Name)
.0. EPUD.
(Address) (Address)
(City) (Zip) (City) (Zip) .
I (Name) (Name)
i
(Address) (Address) .
(City) (Zip) (City) (Zip)
--
Daiel ReC~iVed:-L~'ld#'#/
Planner: AL. ..
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Page 16 of20
.Attachment 1~16
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Exhibit C-l
After Recording Return to:
City ofSpringfi~ld '
Public Works Department, '
- 225 Fifth street, '
Springfield, OR 9.7477
Attn: ,Engineering Division
Place Bar Code Sticker Here:
ANNEXATION AGREEMENT
, ,
',' 'TIlls Annexation Aweement ("Aireement")is made between the City of Springfield, an
Oregon municipal corporation ("City") and Wildi.sh Limd Co. and Eugene Allen CorP. '
("APPLICANT"). ' , " "-
'. , , - , ' " .
RECITALS
A. APPLICANT owns the Illircei(s) of\and legally des~ribed in Exhibit A, the Property, lind,
, ,shown on the map attached as EXhibit:8. ,The property is proximate to the jurisdictiollallimits, '
'of the City and is subject to annexation by the City of SPrin:gfield following mi.ncir boundary"
- charige processes. '
;" ,.., ': ".
"
B. AI'PLICANT has submitted to the City a request for an Annexation Agreement,ihted j an~ary ,
31, ~008, for Assessor's Map No. 18030220 Tax ,Lots 3000, 3100, 3200, 3300& MlIpNo."
18030232Tait Lot 3800. > ' -, " , " ,', , ' , "
, C. 'APPLICANT wishes to annex the Property to tlle City ~d seeks support from theCity for the ,',
annexation. - '
" '
D_' The Property is currently designated a,s Light Medi.um Industrial (LM!)- on the Metro Plan and
is zoned I,M] with Urbanizable Fringe Overlay (UF-I 0) 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 of key urban facilities and services as defined in the Metro
Plan Policy 8a and 8b, p.II-C-4, and such showing is supported by the substantial evidence in
the record of the proceeding on this annexation. City staff has determined the minimum level
of key urban services is currently available to the Property with the exception of public
wastewater service, public stormwater management service, street connectivity to adjoining
property, and Fire and Life Safety services that fully meet City Standards. Applicant's
adherence to the requirements of this Agreement will result in the property being provided with
the minimum level of key urban facilities and services for those uses authorized by the current
zone. However, in the absence of a development proposal, City cannot represent when the
orderly and efficient delivery of service might occur or whether or not the timing of availability
of each service will be consistent with the requirements of any future development proposal.
With reference to the provision of water and electricity, the City will rely upon Springfield
Utility Board to indicate the availability of such services.
F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and
agreement to the allocation of financial responsibility for public facilities and services for the
..'.........,....
.'"
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ANNEXATION AGREEMENT-Page 1 of12
Attachment 1-17
- -"-"-'''''80' ;/~o~f
..;~h~' . ."-"....____1 \I .-.!.!(2;
Planner: AL ,
.
.
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 systems, interconnected transportation systems, and Fire and Life Safety services,
, necessaIy for an affirmative City recommendation for the anneXation requesl ' ,
G. A public wastewater system with sufficient capacity to serve the Property and other existing
'and proposed larid uses in the vicinity of the Property is necessary to support a finding that this
key urban service is available to serve theProperty~
· 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 Nu'gget Way Lift Station at the cotner of Nugget Way and East 19th Avenue: A 6" '
, ' inch pressure lille then extends from the lift station within East 19'h Avenue, Henderson
, ' Avenue, and East 17'h Avenue to a gravity main In Glenwood Boulevard. The publi~sewer
" system described in this recital is hereinafter referred to as the "NuggetWay Sewer". '
. '" .' '. ., . . . .
· ' Pursuant to the City's recently adopted Wastewater Master Plan prepared byCH2MHill in, '
2008 and recent Cityimprovementsand testing to reduce infiltration arid inflow into the'
Nugget Way Sewer, sufficient capacity exists to serve the Property under the Current
Zoning.' , , ,
, "
, ,
. .' . ' . .
, ,
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· The Nugget Way Lift Station was designed to accommodate a peak fl(jw of up to 672'
gallons per minute (GPM) from sources located on the Property, as well as from sOurtes (. '
with property frontage along Nugget Way and NewmanStreel 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 pauses flows to exceed the 642
GPM maximum firm capacity in the Nugget Way Wastewater System would require
additional wastewater sewer service.
· The Nugget Way Lift Station was sized to accept sewer flows from a basin of
approximately 85 acres, of which the subject Property comprises approximately 40 acres.
The proportionate flow share from the APPLICANT's 40 acres is 300 GPM, based upon the
firm capacity of the lift station. Development by APPLICANT that causes flows to exceed
, the designed 300 GPM from the property would require additional wastewater sewer
service.
H. A stormwater management system with sufficient capacity to serve the Property and other
existing and proposed land uses in the vicinity of the Property is necessary to support a finding
that this key urban service is available to serve the Property.
. A public stormwater management system with sufficient capacity to accommodate adjacent
roadway storm water runoff will be necessary to support a finding by the City that this key
urban service is available to serve the Property. '
. .....;....:~
· It is presently unknown whether future development of the properties located in tatchments
, ,three and five of the City's approved Stormwater Master Facilities Plan as approved on .~/,' '
", Dale1 i'1eceived: I!;J..(~"
, ANNEXATIONAGREEMENT-Page20fI2 Planner: AL' ,
".: ',.
-c',' .,
At"t"Rrnmpnt- l-lA
.
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Exhibit C-3
Octol1er 20, 2008, wiII require treatment and conveyanc!J of stormwater on; through, or
across the Property. . .'.
.. Section 1.4 including ~bsections 1.4.1 through 1.4.7 implemeQ.t this Recital.
. . . . '.'
1. An interconnected transportation system with the existing and proposed land uses in fue
. vicinity Of the Property is requinid 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 a center turning lane along a portion or the., . '
,APPLICANT's Property frontage, McVay Highway is not improved to full tJrbin ,....
Standards. .'. .. . . ,.,
.. ,.. Nugget Way intersc;cts McVay Highway on the wc;st side of McVay near the northern . . . . .
. portion of the APPLICANT's Property frontage. Nugget Way is classified l?yLaIie County. ...
. as Local Access Road (LAR) and is under County Jurisdiction, and contains curb'gutter, a. .
limited drainage system and a limited number of street lights, Nugget Way is not improved .
to full Urban Standards. 11leie is no public maintenance by City. or Lane CountY of Nugget .
Way. . ,.. .
. ..
. . .
. . . .
. . .
J, . The minimum urban level of fire and life safety services necessary to fully ineet City standards
may be currently available to the Property. The provision of additional services lllay be .
. necessary for uses fuat require improved response times or other Fire and Life Safety services .
... or equipment to ensUre City standards are met. Additional services mayalsobefequiredin the .
event a development is proposed for the property which impacts road capacitY and adversely
,effects response times.
K. Portions of the Property are located within the floodplain and floodway of the Willamette
River, as depicted on the Flood Insurance Rate Maps (FIRMs) issued by the National Flood
Insurance Program (NFIP). The APPLICANT has submitted to the Federal Emergency
Management Agency (FEMA), with City and Lane County concurrence, a proposed Letter of
Map Revision (LOMR) to the current FIRMs. These maps have been reviewed by FEMA and
result in changes to the floodplain and floodway in the area of the proposed annexation. The
new FIRMs will become effective July 27,2009. ' ,
1. In order to facilitate orderly development of the Property and ensure the full provision of key
urban services that are, satisfactory to the City and meet the City's conditions for an affirmative
recommendation for annexation to the Common Council, and in exchange for the obligations of
the City set forth below, APPLICANT shall comply with all requirements imposed on
, APPLICANT in this Agreement.
.:M. With respect to BOLI wages, the parties understand that Applicant may construct infrastructure
with its own resources and funding that may, ultimately, be turned over to the public. Insuch
event, current BOLI interpretation would appear to exempt such construction from BOLI
prevailing wage requirements. This document is written in light of current BOLI interpretation.
In the event such interpretation were to change, Applicant shall defend, indemnify and hold
...., ...,,'~ ,:,...: :'.
ANNEXATION AGREEMENT - Page 3 of 12 Date) Haceived:~~j.,.,L,
Attachment 1-19, Planner: AL
.
.
Exhibit C-4
harmless City from all claims, causes of action, attorney fees, wage claims and costs arising 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. Obligations of APPLICANT. Consistent with the above Recitals and s!lbject to the issuance of Site
Plan and Public Improvem(:nt Plan approvals, APpLICANT shall perform the requirements, arid '
. 'obligations s~tforthjn this section. . . . .
. .1.1. Apply for, and Obtain, Tentative Site PI~ approval, pursuant to the applicable Springfield
" 'Development Code Sections. . This Paragraph is subject to. the requirements of8ection 8,
. ,'below.'" " "".,
". .'
'1.2. Apply fOf, and obtain, Final Site Plari approval, purs~ant to the applicable Springfield
. D~veloprn.ent Code SectiOJis' in effect at the time development is propo~ed.'. This Paragraph is
. subject to the mquirements of Section 8, below.
. '.
. .
" - ..
' '.
. '.
" .
1.3. Secure City Engineer approval of any necessary Pubiic Improvement Plans, Final Inspection,
. submittal and approval of any neCessary As-built'Plans and Acceptance by the Common
Council prior to Occupancy. Approval for any new structure on the Property is. contingent
upon development of on-site and off-site public wastewater conveyance systems to provide
. wastewater service to the d,evelopment 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
("Dunk Sewer'') by paying to City a portion of the estimated cost to construct the
Trunk Sewer; theamount shall be proportional to the APPLICANT'S use relative to the
design capacity of the Trunk Sewer.
1.3.3. In furtherance of the requirements set forth in this paragraph 1.7, APPLICANT shall
fund the purchase and installation, in an amount not to exceed $10,000, at a location
specified by the City Engineer, of an approved flow meter to monitor wastewater flows,
in the Nugget Way Sewer. The City will accept ownership and maintenance.
responsibility of said flow meter. ' .
'" .. ..'....... "~.
ANNEXA nON AGREEMENT - Page 4 of 12
Attachment 1-20
. 'Date, H,sceived:. /r~~
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 connectsto the.
existing public system, including but not limited to assoCiated easements, engmeering
costs, permit applications and fees, legal costs, construction and inspectiori costs, and
. 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. APPLICANT is directed to
Paragraph 13 of this Agreement concerning current requirements in relation to .
regulations of the BlJfeau of Labor imd Industries (BOLI) arid the payment of prevailing
.' rate of wage. The cost of all publicly funded public improvements shal1.beestimated .'
based upon the prevailing 'rate of wage ane! fInancialsecurity'shall be adequate to .
.... provideforthepaymentofsaidprevailingrateofwage.... .. .
. ,.'. .
. .
. .'
1.4 Secure city Engineer approval of ~ny ~ecessary Public Improvement Plans, Finallnspectiotl,
. submittal and approval of any necessary AscbuiltPlans and Acceptance by the Conlinon
. C(:lllTIcil prior to Occupancy. Approval. for any new structure on the Property is contingent
upoIl developmerit of on-site and off-site stormwater management systems to provi,de drainage
service to the development as follows: . . -' . . .
.. . .
1:4:1 . APPLICANT shall be required to provide and be financially'responsible for provision.
. . and construction of a stormwater management system to serve the Property and its
. related public improvements. '.
1.4.2 APPLICANT sh~llprepare the studies, plans, pernlit applications, and other supporting
. documentation necessary to obtain the permits and other approvals necessary to
. - construct the stormwater management systems described in Paragraph 1.4.1, above.
1.4.3 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 d~ve10p all
or part of the stormwater management system pursuant to this Section 1.4 within the
Riparian Corridor as described in Section 1.5 below. .
1.4.5 APPLICANT shall bear the full cost and obligation to design, construct, and maintain
until accepted by City the proposed stormwater management system that connects to the
existing public systems, including, but not limited to, associated easements, engineering
'. "':\.~ ....~:. ,.....
ANNEXATION AGREEMENT - Page 5 of 12
Attachment 1-21
Date fteCejVed:,-L/f~.6-L.
Planner: AL . . . .
.
.
Exhibit C-6
, costs,pennit applications and fees, legal costs, construction and inspection costs, and (
, the preparation of any necessary As-built Plans. '
1.4.6 Concurrent with approval of anyapplicatipn 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 public stormwater
management system construction. APPLICANT is directed to Paragraph 13 of this
Agreement concerning current requirements in relatipn to regulations ofthe Bureau of
Labor and Indu~tries (BOLI) arid the payment of prevailing rate of wage. The costof
, all publicly funded public improvements shall be estimated based upon the prevailing
, rnteof wage, and financial s~curity shall be adequate to provide for th~ payment of said
prevailing rate of wage. ' . ,',
. .. .. " .
'. . .
. ."..." . . ,.,' " .', ."... .
1.4.7 APPLICANT agrees that it will cOoperate With the City in determirring the most
, efficient and appropriate way of treating arid conveying st6iID.water from properties
,located in catchments three and five of the City's approved .Storrnwater Master
" Facilities Plan as approved on October 20; 2008. To the extent that a publicstormwater
system is required to treat and conveystoiniwater on," through or across the property,
" City shall first work with APPLICANT to determine if existing easements on the
, property maybe utilized for such treatrnentand conveyance. Iri the event existing
easements on the property are inSuffiCient for treating and conveying storm water, City
may condition a development application as set forth in Section lOB. Further, nothing
herein shall be construed as a limitation upon the CitY's right of eininent domain~" '
'., . L', ...
'" " . ,,' (
" 1:5 As a component of each development application for th~Property, APPLICANT shaH 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-site and off-site public street systems to provide interconnected
transportation service to the development as follows:
1.6.1 Al'PLICANT 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
where McVay Highway begins to cross over the existing rail line.
oQr;.,~,";'.~ "..',;:
1.6.2 Roadway improvements shall be subject to transportation infrastructure plan policies,
, development and building code criteria, design and construction standards, City ,1 ;',
, 0- \ ". -~\'ed' /1~ofi!<'P1
ANNEXATION AGREEMENT - Page 6 of12 21"11',0,,,"''- .. / / . "
. . Planner: .L\L .',..
Attachment 1-22
.
.
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 south,ern 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 accesspoints are als() subject
, to ODOT access permittmg requirements and approvals.
, '
, ,
, '
1.6;4 ,.APPLICANT is respon~ible for one half the cost of intersection control,' asspecified ' ,
by the applicable road authorities, at ipe McVay HighwaYfNugget Way intersectiOIl. ,
" 'APPLICANT is responsible for the full cost of in:lproveDients at the property's, '
, southern access location: 'Inthe~ventthat, additional right of wayii needed for the'
int~rsection in:lprovements tothe Mc VayfNugget intersecti;n and the future so~theri1 ,',
access point, that right of way will be provided by the APPLICANT at 110 cost to the '
',public.'
1.6.5 '
1.6.6
1.6.7
1.6.8
d.
, "
: . . .' . ' ..... . .
.. . ., .' .
, ,
. . .' . ,
Upon annexation, APPLICANT shall dedicate a 20-foot wide public easement along',
the Willarnette River riverfront within the 75 foot riparian setback sufficient for thllt
. . . .. .
portion of the Glenwood Riverfront Path required and depicted on the annexing "
'property in the Glenwood Refinement Plan, the WilIamalane Comprehensive Plan and
TransPlan. It isthe City's intent to acquire the right of way for the,GleIlwood '
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 cons~ction 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.
APPLICANT shall provide futore right of way to the public, atno 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.
APPLICANT shall prepare the stodies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other approvals to
construct the transportation systems required at the time of development
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 , 0 ~
' · " ' , Date Heceived: I/' ',30 ~'J '
. Attachment 1-23 Planner: AL. / /
.
.
Exhibit C-8
engineering casts; permit applicati.ons and fees, legall:XJsts, c.onstructi.on and
inspecti.on casts, and the preparati.on .of As-built plans.
1.6.9 C.oncurrent with appr.oval .of any applicati.on far the discreti.onary devel.opment .or land
. divisi.on far any p.orti.on .of the Property, APPLICANT will pr.ovide tllancial security
acceptable t.o the City far all casts ass.ociated with theab.ove transp.ortati.on system
. c.onstructi.on. APPLICANT is directed t.o S.ecti.on 13 .of this Agreement c.oncerning .
current requirements in relati.ont.o regulati.ons of the Bureau .of:Lab.or and Iildustries
. (BOLI) and the payment .of prevailing rate .of wage. . The c.ost.of all publicly funded
. public impr.ovements shall be estimated based up.on the prevailing rate .of wage; and
financial security shall be adequate t.o provide far the payment ..of said prevailing rate
'.ofwage. .' . '. .
. ." .
.'. . .' '. .
: '.' '. . . . . . '. . .. .' ~ .",
. . . .1.7 prbvide and be financially resp.onsible far the pr.ovisi.on .of any additi.onal Urban facilities and
. services identified during thereview andappr.oval .offue Tentative ,Site Plan and/.or the Public' '.
. JInpi"ovement Plans .as necessary to serv.e the devel.opment <if the Property, inCluding the .'
,c.onstructi.on and maintenance there.of. . .' .
'. .
. . . . . " .
.' .... ' . .
1.8 .' In detennining APPLICANT's share.of c.ostsf.or the impr.ovements described ill this
Agreement, the full cast far the pr.ovIsion .of the impr.ovements at the time.of c;.onstructi.on
· shall be used. Far the purp.oses .of this Agreement, the full cast shall include design, '.'
c.onstructi.on,acquisiti.on .ofland and/.or.easements, studies, permits fr.omal1 agencies having.
jurisdicti.on, att.orney's fees, and all .other casts reas.onably ass.oCiated with the implementation'
6ftheneeded iinpr.ovements. ....,.. . . .' (
2. . Obligati.ons .of Citv. Capsistent with the ab.ove Recitals, City agrees t.o:
.. .'
. . .
. . .
. .
. .
. .
. .
2.1 liritiate a~d supp.ort annexati.on .of the Property t.o the City bef.ore the C.omin.on C.ounciland
supp.ort APPLICANT's defense .of any appeal .of a decisi.on t.o the City. H.owever, the City
'. will n.ot assume any financial resp.onsibility t.o pr.ovide legal c.ounsel .on appeal. .
2.2 C.onduct the timely review and decisi.on making .of the Tentative Site Plan, Final Site Plan,
and any necessary Public Improvement Plan applicati.ons in acc.ordance with City procedures
far the devel.opment .of the Property.
2.3 W.ork c.o.operatively with the City's urban renewal agency ("SEDA"), t.o faster and pr.ovide
supp.ort, including fmancial suppart, thraugh the adapted Glenw.o.od Urban Renewal Plan far
public infrastructure and activities erihancing the devel.opment and redevel.opment .of
Glenw.ood pr.operty near and along McVay Highway.
2.4 Far casts ass.ociated with .off-site public impr.ovements, City shall, in accordance with
. applicable Springfield Municipal C.ode requirements, credit APPLICANT far Systems
Devel.opment Charges.
2.5
In the event City requires a public improvement t.o be .overbuilt far public use by .other than
the Owner .ofthe pr.operty and pr.ovides public funds t.o assist with such .overbuilding, City
shall reimburse Applicant its increased costs assaciated with such .overbuilding (e.g., if
aversizing increases the width .of a pipe fr.om 8" t.o 12", .or the City requires an .otherwise
larger, different .or additi.onal facility, City shall be resp.onsible far the differential cast .of that
ANNEXATION AGREEMENT - Page 8 of12 DateReceived:.J~/~";.M., '.
Planner:AL . / .' .
Attachment 1-24
r.. .-, ...' ..'~ \
.- '" I '..
.
.
Exhibit C-9
project, if any, including any difference between non-BaLI prevailing wage rates and
applicable BaLI/prevailing wage rates that Applicant may incur as a result of such
. overbuilding requirement. In the case of the oversizing example d.escribed above, City would
be responsible for the difference between the cost of a 12" pipe installed at prevailing 'wages
rates and the cost of and 8" pipe installed at rates applicable if the pipeinstallatlon were not
. subj ect to prevl.liling rate requirements.) .
3. The requirements of Section I are base requirements in order to secure annexation approval. In the
event that the Comprehensive plan designation for the property and zoning on the property is
changed prior to subniission of any development application for the property, then City will; in .
addition to the requirements of Section I, apply the development standards m effei;Jt at the time. of
~uch application(s) for. the purpose ofrequiringpilblic street improvements (See Section lOB).
..'.' .. . . ".' . . - -' .... '. ',...
. . . . . ,", .
. 4. '. Co~en~ts Running With the Land. . It is the intenti~n oithe parties that the covenants herein are
necessary for the annexation and development of the Property and as Such shall run with the .
. . . Property and shill be binding upon the heirs; executors, asSigns, admiIiistrators, and success(jrs of
. . the parties hereto, and shill be construed to be abenefit toand burden upon the P~operty. This
'. '. . Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County'
Deeds and Records.' This Agreement may be. assigned by APPLICANT .and shailcdntinue't~ apply
to any assigns or successors in interest to APPLICANT. Execution of this Agreement ilia. . .
precondition to the slipport of the City for annexation of the Propeity described in Exhibit A to the .
. City. Accordingly, the City retains all rights fore]]forcement oft4isAgreement. .
I
. ".'
. . .' .
. .
. 5.. Limitations on the DeveloDment. No portion ofth6 Property shall bedevelopedpriorfo the
'apPrOval of a Tentative Site Plan and any necessary Public Improvement Plans for the wastewater.
system, stormwatermanagement system, and transportation system for the proposed development.
. 6. Mutual CooDeration. City and APPLICANT shall endeavor to mutually cobperatewith each other
in: implementing the various matters contained herein: . .
7. Waiver ofRicllt of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions,
consents and all other documents necessary to obtain the public facilities and services described.
herein as benefiting the Property, under any Improvement Act or proceeding of the State of
Oregon, Lane County or the City and to waive all rights to remonstrate agaiD.st 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
Locallmprovement District (LID) or any related matters orally or in writing.
8. Modification of Agreement. This Agreement may only be modified in writing signed by both
parties. Any modifications to this Agreement shall require the approval of the Springfield
Common Council. This Agreement shall not be modified such that the minimum level of key
urban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.II-C-4 and as required
herein are not provided in a timely manner to the Property.
""-,
.. .
9. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
. ,Springfield Development Code or Springfield Municipal Code which may be applicable to the use
'. and development of this Property. Nothing herein shall be construed as City prOviding or agreeing
ANNEXATION AGREEMENT - Page 9 of 12 Oats, r;:eceived:4;b.wL-,.
Attachment 1-25 Planner: AL .
.
.
Exhibit C-IO
to provideAlappro;al opf any bUi(LldiD'nAPg, I) and us~, or ol~e~ develboPI?endtbaPPAPlicpatiL'oInCANTor Land and (.
Drainage teration rogram permIt app IcatlOn su nntte y .
'APPLICANT is responsible for obtaining, at APPLICANT's expense, all StateandJor'Federal '
, permits and any other approvals as may be required. '
, 10. A) Dolan.' APPLICANT knows and understands its rights under Dolan v. Citv ofTigard(512
, U.S.' 114 S. Ct. 2309, 1994) and by entering into this Agreement hereby agrees that the
obligations of APPLICANT, for payments: finanCial responsibility and reimbUrsements set forth in
Section I, required herdn, are roughly proportional to the burden and demands placed 'upon the ,
',urban facilities and services bY,the Uill development and to theimpactsofthe 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 of Dolan arising outofthe annexation oftlie property
as currently designated LM! onthe Metro Plan and as zoned L!v!I (UF-l 0) on t~eSpringfield '
Zoning map. ' ,
. B) In the event development applications are submitted after any change in the cbnipreMnsive plan "
designation and zoning on the property occurred (from LM! to another desigriation and zoning),
then the roughly proportional principles of Dolan shall apply to any requirements for publiC ' ,
, improvements, 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 and successors hereby, ( ,
"waives any ciaim or cause of action it may have under such ORS proVisions agaipst the City.
" '. .
, ,
12. Invaliditv. If any provision of this Agreement shalll1e deemed unenforceable or invalid, such
, enforceability or irivalidity shall not affect the enforceability or validity of any other provision of .
this Agreement. The validity, meaning, enforceability, and effect ofthe Agreement and the rights .
and liabilities of the parties hereto shall be determined in accordance with the laws of the Siate of
Oregon.
13. BOLI/Prevailing Wage Rate. The APPLICANT will require, as a condition of any publicly
funded contract for construction of the public improvements described in Sections 1.3, 1.4, and 1.5,
that the specifications for such contract shall contain a provision:
A. complying with the provisions of ORS 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. '
:>..';'~):;.. '.~ )~- . ~
Datel Received' '11/;";;'"
I /
Pianner: AL,
ANNEXATION AGREEMENT-Page 10 of12
Attachment 1-26
.
.
Exhibit C-ll
Any and all cost estimates shall be prepared on the basis of prevailing rates of wage.
. . . CJ... .
DATED this PI ':tlay of August, 2009. .
, . ,. ' .
! '. . .
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the. date
fustherein above written. . ... .. ...
APPLICANT .
. OWNER.
. Wildish Land Co. .
. EugeneAllen Coro.
. OWNER
.. $rATE OF,OREGON
COUNTY oF: LANE . .
)
) ss..
)
. .
. ' ' '. . ," . :, .
BE iT REMEMBERED thaton this. 14th ..day ofAugusi, 2009 before me, the undersigiled,a
notaiy.public in and for said County and Statl;,. personally appeared the withinnanied James A
Wildish whose identity was proved to me on the basis of satisfactory eVidence and who executed the
within. instrument and acknowledged tori1ethat j ames A. Wildish. executed the siune freely. and
voluntarily.
IN TESTIMONY WHEREOF, I haveher~nto set my hand and affixed my official seal the day and
year last wove written.. .
. . OFFICIAL SEAL
. . GWEN ADAMS
\ -- . i NOTARY PUBLlC'DREGON
. .~.. ::.... COMMISSION NO. 424427 .
MY COMMISSION EXPIRES FEDRUARY 28. 2D12
.::2/~8/ /.:2
My COMMISSION ExpIRES
0;' ~.:
...~. .-..
Attachment 1-27
Datel Heceived: I fl~?-
Planner: AL ... ".,
ANNEXATION AGREEMENT - Page 11 of 12
.
.-.----
Exhibit C-12
CITY OF ,SPRINGFIELr>
, ,
, ,
, Gino Grimaldi, City Manage~
~c,..-, '~L~\,",
.<r; I i~'lo:~
By:
"
, STATE OF OREGON )
) ss,
COUNTY Of ,LANE )
BEITREMEMBEREp that on this " , day of " " .,20Q9beforeme,the
Undersigned, ,a notary public in arid for said CountY and State, personally appeared the within named
"GinoGrimaldi " whose identit)iwas proved to me on the basis of satisfactorYeViclerllje and wl10 by me '
"dulysworri, did say that he is the Gity Manager of the within named municipal corporation and does
, ,aclmowledgesaid instrument to be the free act. and deed ofsaidinunicipalcorporation, and that the" ' '
, seal ,affixed to' saidiristrument i~ the Corporate seal of said nlumcipa1 corporation, andthat said
"insthunent wassii,ned and sealed in behalf of said municipalcorporatioI). byauthbrity of itS Common' "
CounCi1~ ' ,', ,', ", " "',,' , ,," ",' , ',',
,IN TESTIMONY WHEREOF, 1 have hereunto .set my hand and ,affixed my official seal the day and
year last above written: , ,', '. " ' " " ",', ,', ,
(
NOTARY PUBLIC FOR OREGON
MY COMMIssioN EXPIRES
E....."..,
Date Heceived:-1I)-1~'"
Planner: AL "
ANNEXATION AGREEMENT-Page 12 of12 ,
Attachment 1-28
.
.
Exhibit 0-1
TYPE IV - ANNEXA nON '
STAFF REPORT ANDRECOMMENDATJON
File Name: Wildish Land Co. Annexation,
Owner(s)/Applicant(s): Wildish Land Co. & Eugene AllenCOIp.
Case Number: C SP 2009 - LRP2009-00009
Proposal Location: ", Mostly vacant indllstrjal,land lying ~ast of Nugget Way between McVay ,
HighwaYand the west bank of the Willametle River, in Glenwood. ' '
, ".-. "
E1;isting ZOlling: Light Medium Industrial (LMi) with Urb!lI1izabkFringeOverlay (liF~i6)
,',-:; . '. ' . ...,".. ',' ,." . ". .'. .'
. . . . .
, ,
. :.' . '-. .
ZO!iing After Al1nexation:]:.MI
. . '.
Metro Plan Designation: LMr',
, , ,
. . . .
,'Refin~ment Plan Designation: LMI (Gl~nw,',' ood Refinemeni flail)
, ,
, ,
'ApplicationSubri1ittal Date: August 14,2009 '
I""
, ,
. .... '.' I . .
Associated Applications: ZON2008-000QI & ZON2009~06008 (Development Is~ues Meetin~s); ,
PRE2009-00010 (pre-submittal Application)' " " ,
CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE
. .. ~ - . ,- , ".' . . , . . .
NAME
And Limbird
Jon Driscoll
Cia on McEachern
Gilbert Gordon
Dave Puent
PHONE
726-3784
726-3679
726-1036
726-2293
726-3668
APPLICANT'S DEVELOPMENT REVIEW TEAM
POSITION NAME PHONE MAILING ADDRESS
Applicant Randy Hledik 683-7712 P.O. Box 7428
Wildish Land Co. Eugene, OR 97401
Owner James Wildish 485- 1700 P.O. Box 7428
Wildish Land Co. & Eugene, OR 97401
Eugene Allen Corp.
. .~ "',:, \:.1':, '"
Attachment 1-29,
, Date Heceived: I ~,lsrt:>f ,
Planner: AL " , ,
.
.
Exhibit 0- 2
Review Process (SDC 5.7-115): The subject annexation application is being reviewed under Type IV
procedures, without Planning Commi~sion consideration.
Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting.(DIM) is req~ired of aU
anneXation llPplicatio~.
, '
, '
Finding: A Development Issues Meeting (DIM) for the subject annexation was held on April 9, 2009 (Case
ZON2009-00009).' . ' , . ,
, '
Conclusion: The requirement in SDC 5.7-120 IS met.
. . .'
Annexation Initiation and Application Sub~ittal (SDC 5.7-125): An annexation application may be initiated '
. by written consents from affectedelectors and/orpropertypwners.
. ,'. . .
: . . . , .'. . .'. . '. '. . . . . . '. . .'
Finding: Theapplic<nitbas submittedthelist of o~ers,affected t3x lots, streetaddresse.s, signed petitions ~d .
written consents to anneXation in accordance with SDC5.7-125;B. Pursuant .to SDC 5.7-i25.B.2.b and ORS ,.'
222.i 70(1), the forins a:;.e completed and sigried by more than half the ow~erS oiland in the territmy, who,Jso
own more than hillf the laild in the contiguous territory" and of real property therein representing 'more than' half
the assessed value of aU real property in the contiguous territory.' ' . .' .
. ,". '",.. : .... ", . ',' .
. . . . ." . '. .' '-. ." .. . ','. -..'
Finding: The. a;pplicant has provided written consents to annexation from 1000/0 of the owners ()f land in thi: .' . ..
territory, who ownlQO% of the contiguouS landand real Propeitytheieinand 1.00% ofthe assessed value. .
Conclusion: The application~equirements in SD<:5.7-125ha~ebeen mei.
.,,-'
Site Information.: Theannexlltiori area includes fi~e contiguous tax lots on the east side of McVay H'ighway . . (0"
.' . (State Highway 225), south. of Riverside Mobile Home Court, west Or the: Willamette River, imd 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 fonner gTaveiand concrete" processing plant, but
is now mostly vaCant. The subject imD.exation territory is intended to. remain as vacant industrial land and there .
, are no current development plans for the property. The applicant and staff are not requesting arilleXation of the
fronting public street right-of-way at this time because the street has not been developed to urblin standards.
Street frontage improvements can and will be constructed by the property owner/developer as site development
. proceeds, The property owner's obligations for street improvements are de.scribed in the attached Annexation
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). GJenwood Water District provides water and contracts with the City for provision of fire
service to the proposed annexation area. Upon annexation, the City of Springfield will be entirely responsible
for urban services, including electricity, water and fire response to the subject area..
Notice Requirements (SDC 5.7-130): Consistent with SDC5.7-\30, 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. .
'. ", '~I" ,'.$ \ '-.
Newspaper Notice. Notice of the November 2, 2009 public hearing was published in The Register-
Guard on October 14 and October 21, 2009. " . , ~ J
Oat€', Hecelvad:11 ]0 ".,
. . - /.
Planner: AL. .
Attachment 1-30
.
"
.
Exhibit D- 3
. Posted Notice. Notice of the November 2, 2009 publiC hearing was. posted iil six public places in the.
City [in three locations along the property frontage on McVay' Highway; at the Spriti.gf!eld City Hall
and in the Development Services office; and on the City of Springfield websiteJ ,on October 14, 2009,
for two successive weeks'priortothe hearing date." ..
Finding: Upon annexation of the subject property 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 OregOli Depiutment
of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings :more
than 45 days prior to the public hearing. Notification to DLCb was sent on August 2],2009.
. '.
. .
. . .
Conclusion: Notice ~fthepublic hearing was provided consistent with SDC 5.7-130. ..
. . . . .
. . .
'. Recoo;mendation to City Council (SDC 5.7-135): The. DireCtor shall forward a written recommendation o~'
'. the annexation application to the City Council based on the approval criteria specified ii! Section 5.7"140,which
arep~ovided as folloiis withtheSDC requirements,findings, and conclusions. The DiIector'si<;cqrnmendanon .
fqllmvs SDC 5.7"140,Criieria. . . . . .
. . .
. .
Cdteria(SDC 5.7-140): . The :applic~tion may be approved only if the. City. Council finds that thepropo~a1
confOITaS to the following criteria: . . .
. . . .' . . ,'. .
. A.. The' affeCted territory prqposed to be annexed is within the CIty's urban growth bouUllary; and is .
. i. . Contiguous to the citY limits; or .. .... . . . . . .'
2~ Separated from the .City only by a public right of way or a stream, lake or other body of
water.. . ..
. .
. Finding: . The subject annexation is located' withiTI the acknowledged urban growth bouridary(UGB) of the
Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The annexation area does noi directly abut
the Springfield cityliroits, but is only separated by an intervening public righi-of-way (McVay Highway)
therefore meeting the statutory definition of contiguitY as found in ORS 222.111(1) , .
Conclusion: The proposal meets this criterion.
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans or Plan Districts;
Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC)
in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged
UGB of the Metro Plan. Territory within the UGB ultimately will be within the City of Springfield.
Finding: The Metro Plan recognizes that, ultiroately, all territory within the UGB will be annexed to an existing
city (policy #10, page II-C-4; Policy #16, page II-C-5; and Policy #21, page II-C-6). Springfield is the unit of
government identified in the Metro Plan to provide urban services to annexed territory.
Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts
within the UGB will be dissolved (policy #18, page I1-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
eliroination of several special districts within the urbanizable area.
Finding: The annexation area is within the Glenwood Water District.. The water district also has service'
arrangements with Springfield for provision of fire response to unincorporated areas of Glenwood. After the
public hearing and if determined by .the City Council that withdrawal is in the best interest of the City, the
';,;:. ,,;;;, .... .~. '...
Attachment 1-31
Date Heceived:...:~6o~ .
Planner: AL' /-~
.
.
Exhibit D- 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 the public hearing and if determined by the City Council that annexation is in the best interest of
. the City, the annexation area will be annexed into the Lane County Metropolitan Wastewater SerViceDistrict as
authorized by an IntergoverrunentaI Agreement (lGA) between the City of Springfield aild Lane County. . This
special district was formed to provide the financing for the regional wastewater treatinent plani 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 intergoverrunental agreement between the City of Springfield and Lane County. The park district provides
. park and recreation facilities and .services io territory within the City of Springfield. .'
," . .
.. .' '. .,
". . ". ..
. . .
. Firid~g: . The subject.property is located within Subarea 10 -, South McVay Industrial of.the Gi~riwood .
Refinement Plan. The. adopted Refinement Plan (Subarea 10, Policy I) contemplates continued light-~ediuD1
'indllstrial land use on the site. There are no proposed changes to the currerit LMI zoning for. the subject
. .3I;mexatio~ area
.' d'
Conclusion: The proposal1Ileets this criterion.
,"." - '''':
C. The proposed annexation will result in a boundary in which the minimum level. of key urban facilities
and services as defined in the Metro Plan can 'beprovided iu an orderly efficient and timely manner,
and '. .
. .
. .
. Finding: The Melro Plan ~ecognizes annexation as the highest priority for extending the minimum level of key ". ( .
. urban, facilities and services to urbanizable areas (policies #8 and #10, page IICC-4).
. "'.
Finding: The territory requested for annexation will take advantage of urban service delivery systems that are
already in piace Or can be logically extended to serve this area In addition to urban utilities, the following
'facilities and services are either available or can be extended to this annexation area: .
Water - SUB Water provides water service to incorporated areas of Glenwood. Upon annexation, the subject
ierritory 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 su~ject territory is not expected to require additional electrical service until further site
development or redevelopment occurs. Existing electrical system infrastructure within the adjacent public
rights-of-way will be maintained by the affected utility providers.
Police Services - Springfield Police Department currently provides service to areas of Glenwood that are
already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department
and Lane County Sheriff's Department. Upon annexation, this area will receive Springfield Police services on
an equal basis with other properties inside the City.
...:.....:...
Fire and Emerl!encv Services - Fire protection is currently provided to the annexation area by the City of
Springfield Fire & Life Safety under contract with Glenwood Water District. Upon annexation, the City will
continue to provide fire and emergency services to the subject territory. The nearest Springfield fire station
(Fire Station #4) is located on 5th Street north of M Street. Springfield Fire & Life Safety advises that the south
end of the annexation territory is at or near the upper limit of the preferred response time from Fire Station #4.
1/;jt1 ,(p..f
/ /
'\0:, "
Attachment 1-32
Date, i'Qeceived:
Planner: AL
.
.
Exhibit 0- 5
The Eugene Fire Department also provides emergency response to the Glenwood area under a mutual aid
agreement for emergency response. .
. .'. .
Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, and .
Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this serVice
. 'consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by
the tbfee regional ASA providers to provide backup coverage for each other's jurisdictions, .
Parks and Recreation - Park and recniation services are provided to the City of Springfield by the Willamalane
Park and Recreation DiStrict. Indoor recreation facilities, such as the Willarnalane Park Swim' Center, Lively:
Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center wilJ be
. available to residents (if any) and property owners as newdeyelopment occurs. It is not expe.cted that the
. requested annexation area will generate an appreciable number of new residential .units, ow~g to the'indilstrial
: land use designation.. Theparkdistrict offers various .after-scho()l and other programs for childr~n at schools
. and parks thioughout the community. Also available are pathways'an<;l several categories of parkS, including
. COIDmunity parkS, sports parkS, special use parkS,andnatura1 area parkS. . The closest neighbOrhood park to the
reqliested iumexation areais jame~ Park at 4141 East 19th Avenue. Other parkS in the vicinity of the proposed
annexation area include Island Park, Willarnettel:Ieights Park and Mill Race Park. . . .' . . .
", . . "" '. . ';'
. . .' ....
. . . . , '. . '. '.. .
Concurrentwith annexation to tlie CitY of ~pringfield, the subject area wilJ be annexed to the Willamalan~ Park. .
and' Recreation District conSistent with City policy, if the City Council determines that annex;>tion to the speCial '.
,district is in the best interest of the City, The subject property is also identified for future eXtensionof. a
. recreational pathway system along the west bank of the Willamette River. Provision of a 20-footwide public.
easement for future riverside access is contemplated In Seciiortl.6.5 ofthe Annexation Agreement signed by tlie
. applicant. . ....... . .
, . . Schools - Eugene 4J School District serves the Dlenwood Area Existing schools": camaSRidge Eierilentary,
Roosevelt Middle, and South Eugene l:Iigh School serve the neighborhood, including' the subject annexation
. . area However, under .the currerit zoning designation it is not expected the annexed territory would generate an
appreciable number of school children. . .
. . .
Sanitarv Sewer - The annexation area can be served by an existing 8-inch public sanitary sewer line that
teiminates near the intersection of Nugget Way and McVay Highway. The existing 8-inch sewer line flows to a
sanitary sewer lift station located at the comer of Nugget Way and East 19th A venue. From there, a 6-inch
pressure line connects via East 19th Avenue, Henderson A venue and East 17th Avenue to 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 in the Annexation Agreement signed by the applicant.
Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Lane County
Metropolitan Wastewater Service District, if the City Council determines that annexation to the special district is
in the best interest of the City.
Storm water - There are no existing stormwater facilities available to serve the subject annexation area. Future
development or redevelopment of the annexation area will require appropriate storm water management
techniques in accordance with City standards and as described in the' Annexation Agreement signed by the
applicant.
Streets - The property has frontage on McVay Highway, an ODOT facility. The street is presently developed as
a two-lane paved rural highway with bi-directional center turning lane along a portion of the property'frontage.
Along the property frontage, McVay Highway is not developed to full urban standards and lackS curb and
gutter, sidewalk, bicycle lane, street trees, and stormwater management facilities. Consistent with current
Springfield Public WorkS practice, street right-of-way is annexed only after it is improved to City standards.
Attachment 1-33
Date Heceived:-1!!;O j,lnlt
Al' V2 I
Planner:. . .
\: \'.~.., .....:. ...
.
.
Exhibit D- 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 limiied to a fourth (east) leg of the Nugget WayfMcVay Highway
intersection; and a second intersection at the southern end of the property.. The access points are subject .to .
. ODOT permitting standards and approval. ,. '.
. . SoiidWaste Manal!ement - The City and Sanipac have an exclusive iranchis~ arrangement for residential
garbage service inside the City limits, Comm,ercial 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 cOmmunication services'in the
. Eugene-Springfield metropolitan area. Existing providers.andthose eniering the market have the capability to '
provide service to lulure development in this area. . . . ". " ' . ..,. " .
. . . ..' . .... :. ",',
Land Use, Controls - The annexation area is within SpringfieJd'S.porticin of the urban' groWth boundary:
Through an intergoverTImental agreement betweeri Lan, County and the City of Springfield, the City alr~ady has
. planillng arid building jurisdiction for this property. The City will. continue to administer land Use controls, after
. .' .',., , :" .. . .. -'
annexation.
,".' .' .. ,'. . ....: . .,,"' . ':,', ,". '". .' '. . .
. " . . '.. . .
. . . .' . . . . . . .;.
.' -, , .
. Finding: The minimum level ofkeyurban facilities and services, as defmed on page Y-3 of the Metropian, are
. . either imIDediately available or can be provided within a reasonable futille timelTame as needed. The'
. ~exation Agreement signed by the applicant' detail~ the twing arid deJegationof fmanciaJ responsibility for
. provision of key urban services to the arinexation area. ,. . '. .
. ,.Conclusion: The proposal meets this criterion.
,(
. .
D.Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or
,other mechanism approved by the City CounciL '.
Finding: The applicant has signed' an Annexation Agreement that outlines the City and Applicant's
responsibilities for provision of key urban services and other considerations. The Annexation Agreement will
be signed by the Springfield City Manager upon review and approval by the City Council.
Conclusion: The proposal meets this criterion.
DIRECTOR'S RECOMMENDATION: Approve the annexation of the subject territory to City of
Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and
Recreation Distric:t, and withdraw the requested annexation area from the Glenwood Water District.
City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance.
Finding: The annexation will become effective 30 days following the second reading by City Council, which is
scheduled for November 16, 2009.
Finding: The City Council conducted a Public Hearing and gave first reading to the annexation ordinance on
,November 2, 2009. Based on the staff analysis and recommendation, and on testimony provided at the Public
Hearing, the City Council approved the annexation area (Map 18-03-02-20, Tax Lots 3000, 3100, 3200 and
3300; and Map 18-03-02-32, Tax Lot 3800 - municipally addressed as 4851, 4857 and 5001 Frank:lin
Boulevard) per Ordinance No. --> totaling approximately 38.28 acres.
Attachment 1-34
Dat€,j Heceived:
PI:::r.:1er: AL
II/;O~'f
/ I '.
,,":..~,.~ ~'.:, .'
.
.
Exhibit 0- 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
(L~fLnF-IO). .
. . .
. '. . .
Finding: Upon the effective dale of the annexation, the UF-JO overlay is automatically removed andthe subject
teiritory remains LMI, which is consistent with the Metro Plan and Glenwood Refinement Plan design~tion.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation ordinance is given a
second reading and approved on November 16, 2009, the. Ordmance will becmne effective 30 days after.
adoption by the City COUI)cil and execution by the Mayor. .. ..
Finding: City CoUncil gave second reading to Ordinance _ on. .
. effective conSistent with SDC 5.7:155 .and ORS Chapter 222 on
, 2009. The Ordinance became
,2009. .
. '. .
. .
'. .,'..". .....,"....'.:.:
. . .
. . Withdrawal from Special S~rvice Districts (SDC5. 7~ 16()): With.hwal from special districismay occur'.. .
. concurt~ntly witbthe approved annexation .Ordinance or after the effective date of the annex~iol1 of territory to
. the City; The Director shall recommend to. the City CounCil for consideration of the l"ithdniwal Of.the annexed
teiritory fr()m special districts as specified in ORS 222. In deterIDining whetherto withdraw the teiTitory;the
. City CoUncil shall determine whether the Withdrawal is in the best interest of the City: Notice of the withdrawal
shall be provided in th~ same manner as the annexatioz{ noti~ein Sectiim 5:7-150. . . .. ..
. . ... .'
. .
. , .... '. .. . .
. . . .",. ,'. .' . '.
Exhibit:. . . . . . ...... . . .. : .
. A Assessor's Maps showing property requested for ani1exation (redlined) and numbered sUrvey courses.
containedinl<'gal descriptiol1 .. .... . ...
~l" . ~
';'"'. \;. .,
Attachment 1-35
Date, Heceived: . I~hibn'-
Planner: AL
.
.
Exhibit D- 8
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DateReceived:~o ~9 '
Planner: AL' !.'
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OJ9~OI
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Planner: AL
Exhibit 0- 10
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ATTACHMENT 0-6 - PAGE 1-34A
Errata Sheet for November 16, 2009 Second Hearing and Adoption
Case # C SP 2009- LRP 2009-00009
The following is a revision to the clerical error found upon 2nd Reading of the Staff
Report recommending approval of annexation for the above mentioned case. The
following is a documentation of the revision as amended and entered into the record for
the proceeding during public hearing before Springfield City Council on November 16,
2009 prior to adoption. The revision is limited to paragraph 2, page 1-34, of Attachment
D-6 and was not considered to be a substantive revision:
"Solid Waste Manaqement - The City and Sanipac have an exclusive franchise
agreement for ro~idontiiJl garbage service inside the City limits. Commerci3! und
indu~tri31 gurb3ge ~erviGe is the ro~ponsibility of the property owner or tenunt, und Gun
be provided by Sunipuc or other indo pendent GontruGtor. Upon annexation and further
development or redevelopment of the property, solid waste disposal service can be
provided~ by u number of 10Gul firms.
Oat", i'{8Geived: / y!? /~'j
Planner: AL /
'-