HomeMy WebLinkAboutNotice PLANNER 2/24/2010
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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 LRP2009-00013
Annexation of 19th Street Right-of-Way, City of Springfield Applicant.
(See attachment UAU) on February 24,2010 addressed to (see
Attachment UBU), by causing said letters to be placed in a U.S. mail box
with postage fully prepaid thereon.
,
Brenda Jones
Planning Administrati
STATE OF OREGON, County of Lane
;) ,2010 Personally appeared the above named Brenda Jones,
Administrat' e 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
Date ~eceived:-Z~~/)Q/o
Planner: AL ;'"
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~ 52 DLCD
Notice of Adoption
This Form 2 must be mailed to OLeo within S-Workine Davs after the Final
Ordinance is siened by the public Official Designated by the jurisdiction
and all other requirements of ORS 197.615 and OAR 660-018-000
~ In person 0 electronic 0 mailed
For Ollicc Us\: Only
Jurisdiction: City of Springfield Local file number: C SP LRP20009-00013
Date of Adoption: 2/16/2010 Date Mailed: 2/24/2010
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? rgJ Yes 0 No Date: 10/28/2009
o Comprehensive Plan Text Amendment 0 Comprehensive Plan Map Amendment
o Land Use Regulation Amendment rgJ 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 ofa segment of public road right-of-way removed the Urbanizable Fringe Overlay District (UF-
10). The base zoning (Low Density Residential (LOR)) and the comprehensive plan designation (LOR)
remains the same.
Does the Adoption differ from proposal? No, no explanation is necessary
Plan Map Changed from: to:
Zone Map Changed from: LDRlUF-10 to: LDR
Location: Ptn. 19th Street north of Yolanda Avenue Acres Involved: 0.66
Specify Density: Previous: N/A New: N/A
Applicable statewide planning goals:
1 2 3 4 5 6 7 8 9 to II 12 13 14 15 16 17 18 19
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Was an Exception Adopted? 0 YES [8J 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?
[8J Yes
DYes
DYes
ONo
ONo
ONo
DatS'r 'ceived: 5/zrd\9/b
Plannel AL
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OLeo file No.
Please list all affected State or Federal Agencies, Local Governments or Special Districts:
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Lane County; Rainbow Water & Fire District; Willamalane Park & Recreation District; Lane Education Service
District; Lane County Metropolitan Wastewater Service District
Local Contact: Andy Limbird
Address: 225 Fifth Street
City: Springfield
Zip: 97477-
Phone: (541) 726-3784 Extension:
Fax Number: 541-726-3689
E-mail Address:alimbird@ci.springfield.or.us
ADOPTION SUBMITTAL REQUIREMENTS
This Form 2 must be received by DLCD no later than 5 days after the ordinance has been sil!ned bv the Dublic
official desil!nated by the iurisdiction to sil!n the aDDroved ordinance(s)
per ORS 197.615 and OAR Chanter 660. Diyision 18
I. This Form 2 must be submitted by local jurisdictions only (not by applicant).
2. When submitting, please print this Form 2 on light green paper if available.
3. Send this Form 2 and One (I) Complete PaDer COpy and One (1) Electronic Dil!ital CD (documents andl
maDS) of the AdoDted Amendment to the address in number 6:
4. Electronic Submittals: Form 2 - Notice of Adoption will not be accepted via email or any
electronic or digital format at this time.
5. The Adopted Materials must include the final decision signed by the official designated by the jurisdiction.
The Final Decision must include approved signed ordinance(s), finding(s), exhibit(s), and any map(s).
6. DLCD Notice of Adoption must be submitted in One (1) Complete Paper CODY and One (1)
Electronic Dil!ital CD via United States Postal Service. Common Carrier or Hand Carried to
the DLCD Salem Office and stamped with the incominl! date stamD. (for submittal instructions,
also see # 5)] MAIL the PAPER COPY and CD of the Adopted Amendment to:
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITOL STREET NE, SUITE 150
SALEM, OREGON 97301-2540
7. Submittal of this Notice of Adoption must include the signed ordinance(s), finding(s), exhibit(s) and any other
supplementary information (see ORS 197.615).
8. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) of adoption
(see ORS 197.830 to ]97.845).
9. In addition to sending the Form 2 - Notice of Adoption to DLCD, please notify persons who participated in
the local hearing and requested notice of the final decision at the same time the adoption packet is mailed to
DLCD(seeORS 197.6]5).
10. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. You may also
call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-55] 8.
Uale: Recelved:~ql;}o1O
Plrlnner: AI..
Updated December 22, 2009
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ORDINANCE NO 1i7'il
AN ORDINANCE APPROVING THE ANNEXA nON OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND
WILLAMALANE PARK AND RECREA nON DISTRICT; AND WITHDRAWING THE SAME
TERRITORY FROM THE RAINBOW WATER AND FIRE DISTRICT
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS TIIAT:
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WHEREAS, a request to annex certain territory was submitted on October 23, 2009, said territory being
described as follows:
A portion of 19'" Street right-of-way between Township 17 South, Range 03 West, Section 24,
Map 00; and Township 17 South, Range 03 West, Section24, Map 31 as generally depicted and more
particularly described in and on file in City Case Number C SP 2009 - LRP2009-000 13 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 222.111, the City Council initiated the
annexation action by adoption of Resolution 09-23 on June 1,2009, attached hereto as Exhibit B to this
Ordinance; and
WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125 and ORS 222 and has
been set for public hearing; and,
WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitan Area
General Plan (more commonly known as the Metro Plan) urban growth boundary and is contiguous to the City
limits [SDC 5.7-140.A]; and,
WHEREAS, the annexation is consistent with Policy 10, page ll-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 ll-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 to the adjoining property to the west has been arranged
through an Annexation Agreement (Exhibit C) between City staff and the property owner, as described in and on
file in City Case Number LRP2007-00009 [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 the Director's
recommendation to concurrently annex the subject territory to the Lane County Metropolitan Wastewater Service
District and WiIIamalane 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 Rainbow Water and Fire District as the Springfield Utility
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Date. Received:_~J7'/~/"
Planner: AL I
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Board would provide water utility service directly to tha area after it was annexed to the City [SDC 5.7-160.B];
and,
WHEREAS, on January 19, 2010, 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 Rainbow Fire and 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 SPRJNGFIELD ORDAINS AS FOLLOWS:
SECTION 1: The Common Council of the City of Springfield does hereby approve the annexation area to
the City of Springfield, Lane County Metropolitan Wastewater Service District and Willarnalane Park and
Recreation District, said territory being described as follows:
A portion of 19th Street right-of-way between Township 17 South, Range 03 West, Section 24,
Map 00; and Township 17 South, Range 03 West, Section 24, Map 31 as generally depicted and more
particularly described in Exhibit A.
SECTION 2: The withdrawal of territory described in Section I above from the Rainbow Water and Fire
District shall become effective on June 30, 2010.
SECTION 3: Upon annexation the subject territory will remain public street right-of-way.
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: This Ordinance shall become effective 30 days from the date of its passage by the City
Council and approval by the Mayor, or upon the date of its acknowledgement as provided by ORS 222.180,
whichever date is later.
ADOPTED by the Common Council of the City of Springfield this 16ttday of Februarv .2010,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Splingfield this 16trday of February
.2010.
ATTEST:
~U(.(? (J1JJx,Ilj\
Ity Recorder
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POINT OF BEGINNING.
tlrrw..POINTClr
lAND Po/tRTmOlt PlAr
HO.U-I"GJ;It
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NUMSERm COURSES
COINCIDE WITH COURSE
NUl/llERS SHOWN ON THE
LE:r.AI... DESCRIPTION FOR
TI-E M'PROPRlA.TE TRACT.
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Attachment 5-3
EXHIBIT A-1
Date. Re~eived:_pi)t>,tI
Planner: AL
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EXHIBIT A-2
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Legal Description
A portion of the 19'" Street right of way from the intersection with Hayden Bridge Road Southerly; being
more completely described as follows:
Beginning at the Initial Point of Land Partition Plat No. 92-P0306, as filed for public record in the Office
of the Lane County, Oregon Surveyor, in County Surveyor's File No. 31021, on January 4, 1993; thence
on the following five (5) numbered courses:
1) North 00. 03' 28" West a distance of 170.00 feet along the Westerly line of the said partition plat to a
point on the North right of way line of Hayden Bridge Road; thence
2) North 890 58' 29" East a distance 005.00 feet along the Northerly right of way of Hayden Bridge
Road to a point; thence
3) leaving the North right of way line of Hayden Bridge Road, crossing the road and along the Easterly
right of way line of 19'" Street, South 000 03' 28" East a distance of986.99 feet to a point of curvature in
the easterly right of way; thence
4) leaving the Easterly right of way of 19'" Street and crossing it at right angles, South 890 56' 32" West
a distance of35.00 feet to a point on the Westerly line of above said partition plat; thence
5) North 000 03' 28" West a distance of817.01 feet along the Westerly line of above said partition plat to
the point of beg inning. .
. Basis of bearing for this description is Partition Plat 92-P0306.
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Attachment 5-4
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EXHBIT B-1
RESOLUTION NO' 09-23
A' RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE.
WHEREAS, the City Council is authorized by Section 5.7-125 of the Springfield Development
Code to initiate annexation of contiguous property to the City Limits of. Springfield, and
.WHEREAS, the property to be annexed is publicly owned property and rights of way of the State
of Oregon, and
WHEREAS, the territory to be annexed is within the Eugene-Springfield Urban Growth Boundary,
is contiguous to the City 01 Springfield and can be provided w~h a full range of key urban services
including sanitary sewer, water, storm drainage, police and fire protection, electrical service, land
use controls, street lights and paved streets, recreational facilities and library.
,
WHEREAS, annexation procedures shall be Initiated and followed in accordance with the public
notice and hearing process, criteria of approval and ordinance adoption procedures contained in
Springfield Development ,?ode SectiOn 5.7- Annexations.
NOW THEREFORE THE CITY OF SPRINGAELD DOES RESOLVE AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby amounce its intention to
conduct' public hearings to consider annexation of territory generally Q'escribed as. publicly owned
right-aI-way along a portion of 19" Street from the intersection with Hayden Bridge Road
southerly. This property is depicted and more completely described on the attached exhibits 1
and 2. .
Section 2. This Resolution shall become effective upon its adoption by the Council and approval by
the Mayor.
ADOPTED by the Common Council of the City of Springfield this ..la.t.. day of June
2009, by a vote of ..s...for and .lLagainst.
APPROVED by the Mayor of the City of Springfi
ATT~~
City Recor r .
Date Received:
lIEVIEW~D & APPROIfED
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LEGAL COUNSEL
OCT 2 3 2009
Original SUbmiltaLd';;;"
Attachment 5-5
Date Received:_.<fa~/:J...~
Planner: AL r~/'
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EXHBIT B-2
EXHIBIT 1
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A portion of the 19th Street right of way from the intersection with Hayden BridgE~ Road
Southerly; being more completely described as follows:
Beginning at the Initial Polntof Land Partition Plat No. 92-P0306, as filed for public
record in the Office of the Lane County, Oregon Surveyor, in County Surveyor's File No.
31021, on January 4, 1993; thence North 00' 03' 28" West a distance of 170.00 feet.
along the Westerly line of the said partition plat to a point on the North right of way line .
. of Hayden Bridge Road; thence North 89' 58' 29" East a distance of 35.00 feet along
the Northerly right of way of Hayden Bridge Road to a point; thence leaving the North
right of way line of Hayden Bridge Road, crossing the road and along the Eastel1y right
of way line of 19th Street, South 00' 03' 28" East a distance of 986.99 feet to a point of
curvature in the easterly right oJ way; thencElleaving the Easteriy right of way of 19th
Street and crossing it at right a'ngles, South 890 56' 32" West a distance of 35.00 feet to
a point on the Westerly line of above said partition plat; thence North 00' 03' 28" West
a distance of 817,01 feet along the Westerly line of above said partition plat to the point
of beginning.
Basis of bearing for this description is Partition Plat 92-P0306.
Date Received:
OCT 2 3 2009
OriginaISubmittaL.-dL.
Attachment 5-6
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LOR ASSESSMENT
AND TAXATION
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N.E.1/4 S.W.lj4 SEC.24. T.17S. R.3 W.W.M.
LANE COUNTY
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EXHIBIT C-1
After Recording, Return to:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Division 0' Chief Dop~~y Clerk 'llIM ^JNleO
Lane C~nty Deeds end Records 'W;"\I ~.UU
111111111111111111111111111111111111111111111 ~I $76.00 .
0107811120090030968007013306/0812009 03:54:02 p~
RPR-ANNX Cnt=l S~n=6 CASHIER 07
$65.00 $11.00
RESTATED
ANNEXATION AGREEMENT
This Restated Annexation Agreement ("Agreement") is made between the City of
Springfield, an Oregon municipal cOlporation ("City'1 and Daniel and Shannon 1ackson
(uAPPLICANT'l
1bis Restated Annexation. Agreement restates. and amends the previous Annexation
Agreement entered into by the parties hereto on December 17, 2007 and recOrded December 21,
2007, Recorder's Reception No. 2007-083844, Lane County Deeds and Records.
RECITALS
A. APPLICANT owns the.parcel(s) ofland legally described in E)du'bit A, the Property, and
shown on the map attached as Exhibit B. The Property is proximate to the juri~dictional
limits of the City and is subject to annexation by the Lane County Local Government
Boundary Commissioo or its successor ("BoundaIy Commission") following mioor
boundary change processes.
B. APPLICANT has submitted to the City an Annexatioo Application 10urnal No. LRP2007-
00009, dated February 26,2007, for Assessor's Map No. 17-03-24-31, Part of Lot 2000
("Property"). .
C. APPLICANT wishes to annex the PToperty to the City and seeks support from the City for
the 'annexation before the BoundaIy Commission or its successor. The Springfield Common
COlmcil has adopted Resolution No. 07-57 supporting the annexation.
D. The Property is currently designated as Low Density Residential (LOR) on the Metro Plan
and iszoned LOR (UP-10) according to the Springfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be
provided with the minimum level of key urban facilities and services as defined in the Metr:o
Plan Policy 8a and 8b, p.ll-C-4, and such showing is suppofted,by the substantial evidence
in the record of the proceeding on this annexation. City staffhas determined the minimum
level of key urban services is cmrently available to the Property with the exception of
public sanitary sewer service, public stormwa1er management service, and street
connectivity to adjoining property that fully meet City Standards. The pmpose of this
Agreement is to memorialize APPUCANT's and City's commitment and agreement to the
allocation of financial responsibility for public facilities and services for the Property and
other users of the facilities, sufficient to meet the City's requirements for the provision of
.Attachment 2
Page 1 ofll
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Attachment 5-8
Date Received:.-kj.l.i:.",.
Planner: AL r=--
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EXHIBIT C-2
key mban services, including long-tenn public sanitary sewer, stoIDlwater. interconnected
transportation systems and Fire and Life Sat"ety services necessary for an affirmative City
recommendation for the annexation request. ..".. . ... .. .. . ..... . ..... .. ...._._._._.....,........_....._
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F. A public sanitary sewer system with sufficient capacity to serve the Property and other .
existing and proposed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property.
. An existing public sanitary sewer system and lift station is located at the comer of
Vera Street and 19th Street, Sufficient capacity Crists in this system such that the
Property will be allowed to connect.
. An existing fifteen inch (15'') diameter public sanitiuy sewer extends from the iift
station to the existing westerly right-of-way of 19th Street .
. The APPLICANT will be requiredto:extend the above described fifteen mcb (IS'')
public sanidiy sewer along 19th Street to the terminus point outside the limits of the
19th Street improvement, which will be deterririned by the City during the
Subdivision Tentative Plan review and approval
. The APPLiCANT wiIibe aiiowecI tOooiuitict fudividUal samtDry seWerlaieril1stO die.
fifteen inch (IS") public sanitary sewer, and will be required to provide any laterals
deemed necessary by the City to provide future service to adjoining properties.
. The City will participate in the cost of the construction of the fifteen inch (IS")
public sanitary sewer through the payment of a portion of the construction cost. The .
City will reimburse the APPLICANT at the rate of one hundred twenty five dollars
'($125.00) per linear foot of the total length of said fifteen inch (15") sanitary sewer,
plus five thousand dollars ($5000.00) for each manhole associated with the
construction of said fifteen inch (1 5"). sanitary sewer. The total length of the fifteen
inch (IS'') sanitary sewer and the number of manholes shall be determined based
upon the approved Public Improvement Plans which shall be prepar~ by the
APPLICANT and approved by the City. The City will participate in the cost of said
construction by means of a single cash contribution, which will be mmbursed to the
APPLICANT within sixty (60) days of the acceptance of the Public Improvement
Project by the Common Council. City participation will be limited to the . .'
construction ofth~ fifteen inch (IS'') public sanitary sewer and the aSsociated
manholes, and will not any include any costs associated with the laterals connected
to said sanitary sewer, includfug any laterals deemed necessary by the City to
provide future service to adjoining properties. Further, City participation wiII.be
limited to construction costs only, as per the above quoted unit prices, and not
incidental costs including, but not limited to, those costs which are specifically
allocated solely to the APPUCANT and defined in Paragraph 1.3.3 of this
Agreement.
. The APPLICANT will be required to construct a public gravity sanitary' sewer
system to serve the Property, as needed, in addition to the fifteen inch (15") public
sanitary sewer described above. .
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G. A public stOtmwater management system with sufficiezi.t capacity to serve the Property and
, other existing and proposed land uses in the vicinity of the Prop"!!J is also necessary to
support a. finding that this key urban service is available to serve the Property.
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Attachment 2
Page 2 ofll
Attachment 5-9
Date ~eceived: ~a~-t>
Planner: AL
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EXHIBIT C-3
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. An existing eighteen inch (18'') diameter public stormwatcr management system is
located adjacent to the West line of the Property, approximately 240 feet north of the
centerline of Vera Street. Another existing twelve inch (12") diameter.public
stormwater management system is located adjacent to the West line of the Property,
approximately 170 feet south of the centerline of Vera Street.
. The APPLICANT will be allowed to connect to either or both of these existing
public stormwatcr management systems, but will be required to provide pre-
treatment for 100 % of newly paved surfaces, using such methods as double
chambered catch basins with oil filtration media or a water quality manhole.
Additionally, a minimum of 50"10 of the non-building roofi9p runoff impervious
surfaces on the property shall be treated vegetatively, using methods such as a
bioswale. The APPLICANT will be required to maintain the post-developed runoff
rate offlow equal to or below thepre-developed runoff rate of flow.
.
H. An interconnectedtr>p15Portation system with the existing and proposed land uses in the
vicinity of the Properly is also required in order to provide access and a transportation
system for the provisiori of Fire and Life Safety services to and from the annexed property.
. The Property has frontage on 191h Street which is under the jurisdiction .0fLane
County. Along this frontage, 191h Street is not improved. .
. The APPLICANT will be required to fully improve 191h Street along the property
frontage to a required width of forth-two feet (42') for a collector street. The
APPLICANT will be required to construct a section complete with curb, gutter,
pavement, sidewalks, street liglits and street trees, along the frontage of the Property.
. Sidewalks and street trees on the east side of191h Street will not be required 10 be
constructed.
. The APPLICANT will also be required to dedicate a strip ofland thirty-five feet
(35') in width adjacent to the west~y line of the existing Right-of-way, across the
frol)lage of the Property, to accommodate the improvement and the alignment of 191h
Street and result in a total Right-of way width of seventy feet (70').
. The APPLICANT will also be required to dedicate a Right-of-way of sixty feet (60')
through the Property to facilitate the east-west connection of 19'" Street with the
existing Vera Street Right-of-way and pavement. The APPLICANT will be required
to. construct the easterly extension of Vera Street to an urban standafd from the West
line of the Property to 191h Street, complete with curb, gutter, pavement, sidewalks,
street lights and street trees.
. The APPLICANT will further be required to provide public access to all proposed
lots within the Property via public Rights-of-way and w:ban standard streets,
complete with curb, gutter, pavement, sidewalk, street lights, and street trees. At the
request of the APPLICANT during the Subdivision Tentative Plan approval process,
the provisions for private streets may be considered. Any provision for said private
streets will be at the sole discretion of the City, and, if allowed, must abide by all of
the Standards and Codes of the City.
. Notwithstanding other requirements of this Agreement, if a subsequent subdivision
application for the subject property will create lots which will allow development of
more than 30 dwelling units, the APPLICANT shall be required to provide a
secondary fire and life safety apparatus access route to the subdivision i1i accordance
with Springfield Fire Code Appendix DI07.
Attachment 2
Page 3 of 11
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Attach menl 5-10
Date Received:~~
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EXHIBIT C-4
I. In erdCIC 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 COllIlci1, and in exchange for
the obligations of the City set forth below, APPLICANT shall CQmply with all requirements
imposed on APPLICANT in this Agreement.
. .
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Oblie:ations of APPLICANT. Consistent with the above Recitals and subject to the issuance
of Subdivision Plat ll1ld Public Improvement Plan approvals, APPLICANT agrees to . .
perform the obligations set forth in this section. .
1.1 . Apply for, and obtain, Subdivision Tentative Plan approval from the Gity, pmsuant
to Springfield Development Code Article 35, for a residential subdivision on the
Property within six (6) months, unless extended by the City, of the effective date of
the BOllIldary Commission's, orits successor's, approval of APPLICANT's
annexation request. This paragraph is subject to the requirements of Paragraph 8,
below.
1.2 Apply for, and obtain, Subdivision Plat approval from the City, pursuant to
Springfield Development Code Article 35 for a residential subdivision on the
Property within two (2) years, unless extended by the City, of the date of the
Umited Land Use DecisiQn issued by the City for Subdivision Tentative Plan
approval issued pursuant to Paragraph 1.1, above. This paragraph is subject to the
requirements of Paragraph 8, ~elow. .
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, .submittal and approval of the requisite As- .
built Plans, and Acceptance.by the Common COllIlci1, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off-site public
sanitary sewer conveyance systems to provide sanitary sewer service to the
development as follows:
1.3.1 APPLICANT shall construct public sanitary sewer systems to connect to the
Vera Street lift station and to extend the existin.g public sanitary sewer, as
described in Paragraph F of the Recitals of this Agreement
13.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the penillts and other
approvals necessary to construct the sanitary sewer sys~s descn"bed in
Paragraph 1.3.1, above.
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Attachment 2
Psge40fll
Attachment 5-1,1
Date Received' :ihu/;c',
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Planner: AL
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EXHIBIT C-5
'1.3.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed sanitary sewer systems that. connect to the existing public
systems, including but not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.3.4 Prior to or concurrent with Subdivision Plat or Public Improvement Plan
approval by the City, whichever comes first, for any portion of the Property,
APPLICANT will provide financial security acceptable to the City for all
costs associated with the above descn'bed sailitary sewer system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and
Industries (BOLI) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interprets as being occupied or .
used by a public agency shall be estimated based upon the prevailing rate of
wage,"and financial security shall be adequate to provide for the payment of
said prevailing rate of wage.
1.4 Subject to Subdivision Plat approval, City Engineer approval of the requisite, Public
.Improvement Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance by the COmmon Council, and prior to Occupancy
Approval for any new structure 011 the Property, develop on-site and off-site public
stormw~ter management systems to provide drainage service to the development as
. follows:
1.4.1
APPLICANT shall construct public stonnwater management systems to
collect, treat, convey, detain as deemed necessary, and discharge stormwater
from the Property and the upstream tributary areas via an on-site engineered
bioswale or mechanical filter system and public drainage easement, and into.
the public storrnwater liiles, as described in Paragraph G of the Recitals of
this Agreement.
APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to C01>.struct the stonn water management system
descn'bed in Paragraph 1.4.1, above.
1.4.2
1.4.3
Grailt to the City the easements necessary to access, operate, and maintain a
stormwater management system on the Property. Easements for piped
portions of the system will be a minimum of fourteen feet (14') wide and
may be wider depending upon the size and depth of the pipes within the
easement Easement widths for open channel portions of the system shaIl be
determined based upon the design width of the channel plus ten feet (I 0') on
one side and twenty-five feet (25') on the other side to accommodate access
and maintenance by City personnel and equipment Actual easement widths .
and locations will be detennined during the Subdivision Tentative Plan
review.
Attachment 2
Page 5 of 11
Attachment 5-12
Date Received:~
Planner:. AL
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EXHIBIT C-6
1.4.4 Applicant shall bear the full cost and obligation to design and construct the
proposed stonnwater management systems that connect to the eldsting public
systems, including but not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.4.5 . Prior to or concurrent with Subdivision Plat approval or Public ImproveI\:1ent
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide. financial security acceptable to the City
for all costs associated with the above stormwater management system
construction. APPLICANT is directed to Paragraph 12 of this Agreement
concerning current requirements in relation to regulations ofilie Bmeau of
Labor and Industries (BOLI) arid the payment of prevailing rate of wage.
The cost of all construction to be completed which the City intClpret.'l as
. . being occupied or used by a public agency shall be estimated based upon the .
prevailing rate of wage, and financial security shall be adequate to proVide
for the payment of said prevailing rate of wage.
1.5 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Finallnspectioll, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop OI).-site and off-site public
street systems to provide interconnected transportation service to the development as
.follows:
1.5.1 APPLICANT sha)! bear the full cost and obligation to develop and construct
fully-improved on-site and off-site public street systems to provide for the
logical and orderlY extension of the following public streets:
1.5.1.1 Dedication of Right-of-way and construction to facilitate the
connection to and extension of Vera Street from the e1dsting
improved street, located at the West line of the Pl'<?Perty, through the
property to the East line of the Property and the intersection of V era
Street with 191h Street, as descn'bed in Paragraph H of the Recitals of
this Agreement. Also, dedication of Right-of-way and construction to
provide public access to all proposed lots within the Property, as
described in Paragraph H of the Recitals of this Agreement.
1.5.1.2 Dedication of Right-of-way and construction to facilitate the
connectiop. to and extension of 19th Street along the Applicant's
Property frontages descn'bed in Paragraph H of the Recitals of this
Agreement.
1.5.2 APPlJCANT shall prepare the studies, plans, permit applications, and other
. supporting documentation necessary to obtain.the per.mits and other
approvals necessary to constnlct the transportation systems descn'bed in
Paragraph 1.5.1, above.
Attachment 2
Page 6 of 11
Attachment 5-13
Date Received:-#.f~_
Planner: AL
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EXHIBIT C-7
1.5.3 APPUCANT shall bear the full cost and obligation to design and construct
the proposed transportation systems, including but not limited to associated
Right-of-way, easements, engineering costs, permit applications and fees,
legal costs, construction and inspection costs, and the preparation of As-built
plans.
1.5.4 APPUCANT has indicated a desire to utilize the City's Reimbursement
District Process for the full street improvements along 19111 streei as
described in Paragraph H of the R:ecitals of this agreement Upon
Subdivision Tentative Plan submittal, the APPLICANT shall notify the City
of such a request, and shall follow the requirements and standards set forth in
the Common Council Onl.inance Number 6230 regarding ReimbU1SeIIlent
Districts.
1.5.5 Prior to or concurrent with Subdivision Plat approval or Public hnprovement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPUCANT will provide financial security acceptable to the City
for all costs associated with the above transportation system construction.
APPUCANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and
Industries (BOLI) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interptets as b!llilg occupied or
used by a public agency shall be estimated based upon the prevailing rate of
wage, and financial security shall be adequate to provide for the payment of
. said prevailing rate of wage.
1.6 Provide and be financially responsible for the provision of any additional urban
facilities and services identified during the review and apptOval of the Subdivision .
Tentative Plan andlor the Public Improvement Plans as necessary to serve the
development of the Property, including the construction and maintenance thereof:
1.7 In determining APPUCANT's share of costs for the improvements described in this
Agreement, the full cost for the provision of the improvements at the time of
construction shall be used. For the purposes of this Agreement, the full cost shall
include design, constroction, acquisition ofland and/or casements, studies, permils
from all agencies having jurisdiction, attorney's fees, and all other costs reasonably
associated with the implementation of the needed improvements.
2. Oblil!ations of CitY. Consistent with the ubove Recitals, City agrees to: .
....1.
~.l Initiate ailCI 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 del:ision making of the Subdivision Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
Attachment 2
Page 70fll
Attachment 5-14
Date Received:~ .
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EXHIBIT C-8
23. Participate in the cost of the construction of the fifteen inch (15") public sanitary
sewer in the manner described in Paragraph F of the Recitals of this Agreement.
2.4 Initiate annexation of the un-annexed portion of 19th Street abutting the PROPERTY
frontage at no'cost to the APPLICANT.
3. Covenants Runnin~ With the Lsnd. It is the intention of the parties that the covenBIlts herein
are necessary for the annexation and development of the Property and as such shall run with
the Property and shall be binding upon the heirs,. executors, assigns, administrators, and
successors of the parties hereto, and shall be construed to be a benefit to and bWllen upon
the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its
execution in the Lane County Deeds and Records. This Agreement may be assigned by
APPLICANT and shall benefit any assigns or successors in interest to APPLICANT.
Execution of this Agreement is a precondition to the support of the City for annexation of
the'Property descnoed in Exhibit A to the City. Accordingly, the City retains all rights for
enforcernei1t of this Agreement.
4. Limitations on the Develomnent. No portion of the Property shall be developed prior to the
approval of a Subdivision Tentative Plan and Public Improvement Plans for !he sanitary
sewer systems, stonnwater management systems; and street improvements for the proposed
development.
Mutual Coooeration. City and APPLICANT shall endeavor to mutually cooperate with,each
other in impl7ffienting the. various matters contained herein.
6. Waiver ofRi2ht of Remonstrance. APPLICANT agrees to sign any BIld all waivers,
petitions, consents and all other docwnents necessary to obtain the public facilities and
services described herein as benefiting the Property, under any Improvemeilt Act or
proceeding of the State of Oregon, Lsne 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 thereot; 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. .
5.
7. Modification of Al1Ieement. 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 thai the
minimwn level of key urban facilities and services as defined in the Metro Plan Policy 8a
and 8b, p~-C-4 and as required herein are not provided in a: timely manner to the Property.
8.
T "nil Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to
the use and development of this Property. Nothing herein shall be construed as City
providing or agreeing to provide approval of any building, land use, or other development
applicatiO!l9r Land and Drainage N~on Program (LDAP) p_~t application submitted
Attaclunent 2
Page 8 of 11
Attachment 5-15
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Planner: AL 11-"-
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EXHIBIT C-9
by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, a1]
State and/or Federal pennits and any other approvals as may be required.
9.
Do]an. APPLICANT knows and understands its rights under Do]an v. City of Til!ard (5]2
U.S._114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives aily
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT,. for payments, financial responsibility and reimbursements set forth in Section
], required herein, are roughly proportional to the burden and demands placed upon the
urban facilities and services by the development and to the impacts of the development of
the Property. APPLICANT further w.a,ives any cause of action it IIlay have pursuant to
'Do]an v. City ofTie:ard and cases interpreting the legal effect ofDo]an arising out (If the
actions descn"bed herein. . :...... .
10.
Ballot Measure 37. APPLICANT knows and understands any rights it may have under .
oregon Revised Statutes (ORS) Chapter 197 as amended' by Ballot Measure 37 passed
November 2, 2004. APPLICANT for itself and its heirs, executors, assigns, adnllnistrators
and successors hereby waives any claim or cause of action it may have under such ORS
provisions against the City.
11.
Invalidity. If any proVision of this Agreement shall be deemed unenforceable or invalid,
such enforceability or invalidity shal] not affect the enforceability or vlilidity of any other
proviSion of this Agreement.' The validity, meaning, enforceability, and effect of thl~
: A~ent and the rights and liabilities of the parties her~~.iiI]liIl ~ 4~egnined.w. ".
. aceotdancewith the laws of the State of Clregon. ::.;):l"y.:;,;",),,;.:::.... .;:;}+.,
. /.. ,~~~~.~~~~.,:.~t.';; '~';'~'f'~~~~~;> ~ ,~~ .:. ~::::,.
",
12.
BOLI/Prevai]ing Wage Rate.
The APPLICANT will require, as a condition of any contract for construction of the public
improvements descn"bed 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 subcontra<:tor shall comply with each wid every provision of
ORS279C.800-870, with respect to such PROJECT.
Any and all cost estimates shall be prepared on the basis of prevailing rates ofwage.
, ,.
DATED this g rJ day of..::r lJ r'I. e , 2009. '. . . ..
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
fumhermnebovewrltten. .
APPLICANT:
Attachment 2
Page 9 of 11
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oateR6ceived:-'41'1! ;)flU
P!?D!1~r: AL
Attachment 5-16
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EXHIBIT C-10
, -
Daniel Jackson
(OWNER.)
Shannon Jackson
(OWNER)
STATE OF OREGON
COUNTY OF LANE
} 55
"'2.rJ ::JvNt[.-
BE IT REMEMBERED that on this ;/ day ofFehl'llf!i'y, 2009 before me, the undersigned,
a notary public in and for said County and State, personally appeared the within named
Daniel)ackson and Shannon Jackson, whose identity was proved to me on the basis of satisfactory
evidence and who executed\the within instrument and acknowledged to me that banie! Jackson _
and Shannon Jackson executed-the same freely and voluntarily.
- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed-my official sea! the day and
year last above written.
" 9( -VVVc>t,~-
Notary Public for Oregon
- My Commission Expires: MA-iZ- 3/ \ Zo I 'l.
- OFROlAL SEAl.
_CHRIS MOORHEAEGQD.,
. ; NOTARY P\Jauo.oR "
"" - COMMISSION NO. 42746D
"Il{ COMMISSION EXPIRES MAR. 31, 2012
I
REViEWED & flPPflOllED
As" TO FOF\M
-k>.~ .::> ,.....,
DATE:_'i
QFFI~1!i ,!~ (;IN ATTOR EY
By:
Gino
eli, City Manager
- ST,-\TE.OF OlU:OON
} 55
Attacbinent 2
Page 10 of II
Attachment 5-17
Date Received:pfJo/</
Planner: AI-
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COUNTY OF LANE
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E.XHIBIT C-11
;:n.o.,c .
BE IT REMEMBERED that on this I ~ day ofFoll1'\laf)', 2009 before me, the wdersigned, a
notary public in and for said County and State, personally appesred the within named, Gi,no ".
Grimaldi, whose identitY was proved to me on the basis of satisfactory evidence and who by me
duly sworn, did say that he is the City Manager of the within named municipal corporation and does
acknowledge said instrument to be the free act and deed of said municipal corporation, and that the
seal affixed to said instrument.is the Corporate seal of said municipal corporation, and that said
instrument was signed and sealed in. behalf of said municipal corporation by authority of its
'Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
yesr last above written. .
OFFICIAL SEAL
AMY LSOWA
NOTARY PUllUC. OREGON
COMMISSION NO. 897942
MY COMMISSION EXPIREll NOV.22,_
" .....
Attachment 2
Page II of11
Attachment 5-18
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Notsry Publi or Oiegon .
My Commission Expires: J J -~~,;.orJ Cj
Date Received:~~
j?l~nner: AL
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. BIlIllchNo.06-203
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EXHIBIT C-12
EXHIBIT A
LEGAL DESCRJl"l10N
FOR
. ANNEXATIONPURl'OSES
LANDS OF DANIEL L. .AND SHANNON L. JACKSON
(pORTION OF TAX MAP 17-03-24-31. TAX LOT 2000)
%.rv.a (Z U\:) 7
REGISTERED
PROFESSIONAl.
LA, SURVEYOR
OR!:)
JULY20L1993
REl<fI. !;IETZ
J-,<: t?~ '''brio?
Attachment 5-19 .
Date Received:#"
Planner: AL
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EXHIBITS. .
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EXHIBIT C-13
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Attachment 5-20
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TYPE IV - ANNEXATION
STAFF REPORT AND RECOMMENDATION
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EXHIBIT D-l
_NCII'IIII.D
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File Name: 19th Street Annexation
Owner(s)/Applicant(s): City of Springfield
Case Number: C SP 2009 - LRP2009-00013
Proposal Location: Portion of 19th Street north of Yolanda A venue and including the intersection
with an undeveloped stub of Hayden Bridge Road.
Existing Zoning: Low Density Residential (LDR) with Urbanizable Fringe. Overlay (OF-I 0)
Zoning After Annexation: LDR
Metro Plan Designation: LDR
Refinement Plan Designation: N/A
Application Submittal Date: October 23, 2009
Associated Applications: LRP2007-00009 (Annexation of Adjoining 'Ferritory); PRE2009-00026
(pre-submittal Application)
CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE
APPLICANT'S DEVELOPMENT REVIEW TEAM
NAME
And Limbird
Jon Driscoll
CIa on McEachern
Gilbert Gordon
Dave Puent
PHONE
726-3784
726-3679
736- I 036
726-2293
726-3668
POSITION NAME PHONE MAILING ADDRESS
Applicant City of Springfield 736-1036 225 5th Street
Public Works Department Sprine:field, OR 97477
Owner Lane County Public Works 682-6936 3040 North Delta Hwy
Eue:ene, OR 97408
Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures,
without Planning Commission consideration.
Attachment 5-21
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Date Received: ).I.~~I"
Planner: AL /
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EXHIBIT D-2
. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all third-
party annexation applications.
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Finding: Because the annexation action was initiated by a resolution of City Council, and the annexation
territory is a portion of partially developed road right-of-way that will remain public right-of-way, a
Development Issues Meeting was not conducted.
Conclusion: The requirement in SDC 5.7-120 is met.
Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.3 and
ORS 222.] II, an annexation application may be initiated by resolution of the City Council.
Finding: The Springfield City Council initiated the annexation action by adoption of Resolution 09-23 on June
],2009.
Finding: Lane County Transportation has submitted a letter in support of the annexation action (Attachment 3).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The annexation area includes a linear portion of ] 9"' Street north of Yolanda A venue and
extending to the intersection with a stu):! of Hayden Bridge Road right-of-way. The dimensions of the linear
public right-of-way proposed for annexation are approximately 35 feet wide by 987 feet long. The subject
annexation area comprises approximately 0.66 acres and it abuts the Springfield City limits along the west
boundary. At present, the public right-of-way is partially developed with a narrow gravel road that is classified
as a Lane County local access road (LAR). The subject annexation territory is intended to remain as public
right-of-way and street frontage improvements can and will be constructed by the abutting property
owners/developers as site development proceeds. The contiguous property to the west has an executed
annexation agreement (Attachment 5, Exhibit C) detliling the property owner/developer's obligations for street
improvements.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,
Springfield Police Department), schools (Springfield School District), roads (Lane County), and Fire (City of
Springfield under contract). Rainbow Water and Fire 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.
Because the annexation area will remain partially developed public right-of-way, demand for additional urban
services will be negligible.
Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-] 30, notice was provided as follows:
Mailed Notice. Notice of the annexation application was mailed December 29, 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 recogrlized 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 January ]9,2010 public hearing was published in The Register-
Guard on January 4 and 11,2010.
Posted Notice. Notice of the January ] 9, 20 I 0 public hearing was posted in six public places in the
City [in three locations along the 19"' Street right-of-way; at the Springfield City Hall and in the
Development Services office; and on the City of Springfield website] on January 7, 2010.
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Planner. ,,__
Attachment 5-22
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EXHIBIT D-3
Finding: Upon annexation of the subject property to the City the current LDR zoning will be retained, but the
Urbanizable Fringe Overlay District (UF-IO) will no longer apply. Due to this change, the Oregon Department
of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings more
than 45 days prior to the public hearing. Notification to DLCD was sent on October 28,2009.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130.
Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on
the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which
are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation
follows SDC 5.7-140, Criteria
Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal
conforms to the following criteria:
A. The aITected territory proposed to be annexed is within the City's urban growth boundary; and is
1. Contiguous to the city limits; or
2. Separated from the City only by a public right of way or a stream, lake or otber body of
water.
Finding: The subject annexation is located within the acknowledged urban growth boundary (UGB) of the
Eugene-Springfield. Metropolitan Area General Plan (Metro Plan). The annexation area abuts the Springfield
city limits along the west boundary and therefore meets the statutory definition of contiguity as found in ORS
222.111 (I).
Finding: The legal description for the annexation area will be confirmed with the state Department of Revenue
to ensure there are no gaps or overlaps of territory between the existing City limits (located along the west
boundary of 19" Street) and the annexation area
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 oflhe Metro Plan. Territory within the UGH ultimately will, be within the City of Springfield.
Finding: The Metro Plan recognizes that, ultimately, all territory within the UGB will be annexed to an existing
city (policy #10, page II-C-4; Policy #16, page II-C-5; and Policy #21, page II-C-6). Springfield is the unit of
goverrunent identified in the Metro Plan to provide urban services to annexed territory.
Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts
within the UGB will be dissolved (policy #18, page II-C-6). The continued annexation of properties and public
street rights-of-way to the City of Springfield is consistent with the Metro Plan, which will result in the
elimination of several special districts within the urbanizable area
Finding: The annexation area is within the Rainbow Water and Fire District. The water district also has service
arrangements with Springfield for provision of fire response to unincorporated areas of north Springfield. After
the public hearing and if determined by the City Council that withdrawal is in the best interest of the City, the
annexation area will be withdrawn from the Rainbow Water and Fire District consistent with ORS 222.510,
222.520, and 222.525 and Springfield Utility Board will provide water service directly to the annexation area
Attachmenl5-23
Date f~eceived:~,).+'/?#I"
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Planner: AL
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EXHIBIT D-4
Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of
the City, the annexation area will be annexed into the Lane County Metropolitan Wastewater Service District as
authorized by an Intergovernmental Agreement (IGA) betWeen the City of Springfield and Lane County, This
special district was formed to provide the financing for the regional wastewater treatment plant serving
wastewater users within the City of Springfield.
Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of
the City, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized by
an intergovernmental agreement between the City of Springfield and Lane County. The park district provides
park and recreation facilities and services to territory within the City of Springfield.
Finding: The subject road right-of-way is not located in an adopted Refinement Plan area, ,md there are no
proposed changes to the current LDR zoning.
Conclusion: The proposal meets this criterion,
C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities
and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner,
and
Finding: The Metro Plan recognizes annexation as the highest priority for extending the minimmn level of key
urban facilities and services to urbanizable areas (policies #8 and #10, page JI-C-4).
Finding: The territory requested for annexation will take advantage of urban, service delivery systems that are
already in place 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 north Springfield. Upon annexation, the
19th Street right-of-way is not expected to require water service, but future water line extensions may be
expected within the subject area as development proceeds on adjacent properties. Existing water infrastructure
within the vicinity will be maintained by the affected utility providers.
Electricitv - 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. However, power line
installations may be expected within the road right-of-way as development proceeds on adjacent properties.
Existing electrical system infrastructure within the adjacent public rights-of-way will be maintained by the
affected utility providers.
Police Services - Springfield Police Department cun'ently provides service to areas of north Springfield that are
already inside the City. The subject territoiy 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 Emergencv Services - Fire protection is currently provided to the annexation area by the City of
Springfield Fire & Life Safety under contract with Rainbow Water and Fire District. Upon annexation, the City
will continue to provide fire and emergency services to the subject territory. The nearest Springfield fire station
(Fire Station #3) is located on 28th Street at the intersection with Centennial Boulevard.
Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, and
Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive this service
consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by
the three regional ASA providers to provide backup <:overage for each other's jurisdictions.
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Attachment 5-24
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EXHIBIT 0-5
Parks and Recreation - Park and recreation services are provided to the City of Springfield by the Willamalane
Park and Recreation District. Indoor recreation facilities, such as the WilIamalane Park Swim Center, Lively
Park Swim Center, Memorial Building 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 generate an appreciable number of new residential units, owing to the industrial
land use designation. The park district offers various after-school and other programs for children at schools
and parks throughout the community. Also available are pathways and several categories of parks, including
community parks, sports parks, special use parks, and natural area parks. The closest developed neighborhood
park to the requested annexation area is Page Park at 1300 Hayden Bridge Road. Other existing and future
parks in the vicinity include Harvest Landing and Pierce Park (currently undeveloped).
Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willarnalane Park
and Recreation District consistent with City policy, if the City Council detennines that annexation to the special
district is in the best interest of the City.
Schools - Springfield School District serves the north Springfield area. Existing schools - Yolanda Elementary,
Briggs Middle, and Springfield High School serve the neighborhood, including the subject annexation area
However, because the subject area is proposed to remain public right-of-way it is not expected the annexed
territory would generate any population, including school children.
Sanitarv Sewer - The annexation area can be served by extension of an existing public sanitary sewer line that
tenninates at the westerly edge of the 19th Street right-of-way boundary. The existing 15-inch sanitary sewer
line flows to a sanitary sewer lift station located at the comer of 19th Street and (future) Vera Drive. As
development proceeds on the adjoining properties, future sanitary sewer connections and upgrades may be
required as described in the Annexation Agreement signed by the contiguous property owner.
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 detennines that annexation to the special district is
in the best interest of the City.
Stonnwater - There are no existing stonnwater facilities within or abutting the subject annexation area Future
development of the adjoining land to the west will provide for extension of stonnwater service from the current
stonnwater lines in Vera Drive. The annexation area will require appropriate stonnwater management
techniques in accordance with City standards and as described in the Annexation Agreement signed by the
contiguous property owner.
Streets - The subject annexation area is a partially developed local access road currently improved with a
narrow gravel surface. The portion of 19th Street requested for annexation represents the public street frontage
for at least three properties, one of which is already annexed and planned for future residential development
(Map 17-03-24-31, PIn. Tax Lot 2000). It is expected that developable portions of Tax Lot 2000 will derive
access from 19th Street, and therefore street improvements would be expected concurrently with development of
the property. Provision for future 19th Street improvements is detailed in the Annexation Agreement signed by
the contiguous property owner.
Solid Waste Management - The City and Sanipac have an exclusive franchise arrangement for residential
garbage service inside the City limits. Upon annexation, solid waste disposal service can be provided by
Sanipac. It is not expected the street right-of-way will generate a need for solid waste service on its own, but it
will facilitate extending the service to adjacent residential developments.
Communication Facilities - Various providers offer both wired and wireless communication services in the
Eugene-Springfield metropolitan area Existing providers and those entering the'market have the capability to
provide service to future development in this area
Attachmenl5-25
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Data f~eceived:
Planner: AL
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EXHIBIT D-6
Land Use Controls - The annexation area is within Springfield's portion of the urban growth boundary.
Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has
planning and building jurisdiction for this property. The City will continue to administer land use controls after
annexation.
Finding: The minimum level of key urban facilities and services, as defined on page V -3 of the Metro Plan, are
either immediately available or can be provided within a reasonable future time frame as needed. The
Annexation Agreement signed by the contiguous property owner details the timing and delegation of financial
responsibility for provision of key urban services to the annexation area, including street improvements.
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 owner of contiguous property to the west has executed an Annexation Agreement that outlines the
City and Applicant's responsibilities for provision of key urban services and other considerations. Future
improvements to 19'" Street are detailed in the Agreement.
Conclusion: The proposal meets this criterion.
DIRECfOR'S RECOMMENDATION: Approye the annexation of the subject territory to City of
Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and
Recreation District, and withdraw the requested annexation area from the Rainbow Water and Fire
District.
City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance.
Finding: The City Council held a Public Hearing on January 19,2010 for the subject annexation request. Based
on the staff analysis and recommendation, and on testimony provided at the Public Hearing, the City Council
approved the annexation area (portion of 19'" Street located between Map 17-03-24-00 and Map 17-03-24-31)
per Ordinance No. ---' totaling approximately 0.66 acres.
Zoning (SDC 5.7-150): The annexation area is within a region of north Springfield designated as Low Density
Residential (LDR) in the Metro Plan. The current zoning for contiguous properties to the east is LDR with
Urbanizable Fringe Overlay District (LDRIUF-IO). The contiguous property to the west is zoned LDR and lies
inside the City limits.
Finding: Upon the effective date of the annexation, the UF-1O overlay is automatically removed and the subject
territory retains the zoning of the contiguous property to the west (LDR), which is consistent with the Metro
Plan designation.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City
Council on January 19, 2010 and granted a second reading on February 16,2010, the Ordinance will become
effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around
March 18, 2010), or upon final acceptance by the State - whichever date is later.
Finding: City Council gave second reading to Ordinance _ on
effective consistent with SDC 5.7-155 and ORS Chapter 222 on
, 20 I O. The Ordinance became
,2010.
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Attachment 5-26
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EXHIBIT D-7
Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur
concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to
the Ci,ty, The Director shall recommend to the City Council for consideration of the withdrawal of the annexed
territory from special districts as specified in ORS 222, In determining whether to withdraw the territory, the
City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal
shall be provided in the same manner as the annexation notice in Section 5.7-150.
Finding: The annexation area is within the Rainbow Water and Fire District. Consistent with SDC 5.7-160,
notice was provided, a public hearing was held, and the City Council determined that withdrawal from the
Rainbow Water and Fire District was in the best interest of the City. The withdrawal decision was codified in
Ordinance No._. '
Exhibit:
A. Assessor's Map showing property requested for annexation (redlined) and numbered survey courses
contained in legal description '
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Attachment 5-27
Date Received:."! /, ~/~t"o
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NUMBERED COURSES
COINCIOE WITH COURSE
NUhlS{RS SHOWN ON TIlE
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EXHIBIT 0-8
EXHIBIT A
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EXHIBIT 0-9
Legal Description
A portion of the 19" Street right of way from the intersection with Hayden Bridge Road Southerly; being more
completely described as follows:
Beginning at the Initial Point of Land Partition Plat No. 92-P0306, as filed for public record in the Office of the
Lane County, Oregon Surveyor, in County Surveyor's File No. 31021, on January 4,1993; thence on the
following five (5) numbered courses:
I) North 000 03' 28" West a distance of 170.00 feet along the Westerly line of the said partition plat to a point
on the North right of way line of Hayden Bridge Road; thence
2) North 890 58' 29" East a distance of 35.00 feet along the Northerly right of way of Hayden Bridge Road to a
point; thence
3) leaving the North right of way line of Hayden Bridge Road, crossing the road and along the Easterly right of
way line of 19'" Street, South 000 03' 28" East a distance of 986.99 feet to a point of curvature in the easterly
right of way; thence
4) leaving the Easterly right of way of 19" Street and crossing it at right angles, South 890 56' 32" West a
distance of35.00 feet to a point on the Westerly line of above said partition plat; thence
5) North 000 03' 28" West a distance of817.0] feet along the Westerly line of above said partition plat to the
point of beginning.
Basis of bearing for this description is Partition Plat 92-P0306.
Attachment 5-29
Date Received: ~;i~~!,..
Planner: AL