HomeMy WebLinkAboutPacket, DIM PLANNER 2/22/2011
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RECEIVED
cm OF SPRINGAELD DEVELOPMENT ISSUES MEETING
DISTRIBUTION DATE: February 22, 2011
TO:
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By:
Current Planning Staff: G. Ka J Donovan, L Pauly, T Jones,
M Metzger, L Miller A Limbird, S Hopkins, M Markarian
Jeff Paschall, Supervising Civil Engineer, Public Works Department
Ken Vogeney, City Engineer, Public Works Department
Matt Stouder, AlC Engineering Supervising Civil Engineer, Public Works
Richard Perry, Public Works, Engineering
Kristi Krueger, Civil Engineer, Public Works Department
Brian Barnett, Traffic Engineer
Michael Liebler, Transportation Planning Engineer, Public Works
Gilbert Gordon, Deputy Rre Marshall, Rre & Life Safety Department
Melissa Fechtel, Fire & Life Safety Department
Greg Ferschweiler, Maintenance, Public Works Department
Ronni Price, Planner, Willamalane Park and Recreation District
Thomas Jeffreys, Emerald Peoples Utility District (EPUD)
Tamara Johnson, Springfield Utility Board (Water)
Ed Head, Springfield Utility (Electric)
Amy Chinitz, Springfield Utility Board (DWP)
Scott Nelson, ODOT (copy of packets) 9-8-10
Dave Puent, Building Official
Will Mueller, L TO
Norm Palmer, Quest Communications
Tom Boyatt, Public Works
Jamie Porter, Rainbow Water District,
Chris Moorhead, City Surveyor
Phil Relds,( Celia Barry, Steve Smith) Lane County Transportation
Jim Henry, Central Lane Communications 911
Billy Elder, Northwest Natural Gas
Tom Henerty, Com cast Cable
Jerry Smith, Police Chief
Chuck Gottfried, Water Resource Coordinator, ESD
Susie Smith, Public Works Director
Len Goodwin, Public Works
Jeff DeFranco, Springfield School District 19
Joe Leahy, City Attorney
George Walker, Stormwater Facilities Planner, ESD
John Tamulonis, Economic Development Mgr.
Courtney Griesel, Planner 1 (EDM)
Bill Grile, DSD Director
Brenda Jones, Administrative Specialist (DIM Annexations)
FEB 222011
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A Development Issues Meeting will take place on Thursday March 10, 2011 @ 1:30 -
2:30 p.m. in the DSD Conference 616 @ Springfield Oty Hall. Please review the
enclosed information, and come prepared to discuss this application with the Planner
and applicant. Should you have any questions, please contact @ Andy Limbird
(541) 726-3784.
Revised: 2-9-11
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DEVELOPMENT ISSUES
MEETING
DEVELOPMENT SERVICES DEPARTMENT
SPRINGFIELD CITY HALL
225 FIFTH STREET
DSD Conference Room 616
Meeting Date: March 10, 2011@ 1:30-2:30 p.m.
1. DEVELOPMENT ISSUES MTG #PRE11-00005 JACKSON
Assessor's Map: 17-03-24-31 TL 2000
Address: 2778 19th Street
Existing Use: Residential
Applicant submitted plans to discuss modification to an Annexation agreement created in 2007
when 9 acres of a 17 acre parcel were annexed into the City of Springfield for a future 31-lot
subdivision. The remaining 8 acres are outside the UGB. The applicant would now like to
partition the 9 acre lot into three parcels and move the existing house onto one of the newly
created parcels. The applicant would then construct a new home on one of the other 2 lots
within the city limits.
Planner: Andy Limbird
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225 FIFTH STREET
SPRINGFIELD, OR 97477
(541) 726-3753
FAX (541) 726-3689
wwwci.springlield.orus
DEVELOPMENT SERVICES DEPARTMENT
February 22, 2011
Dan and Shannon Jackson
2778 19th Street
Springfield, OR 97477
RE: PRE11-00005 (17-03-24-31 TL 2000) Development Issues Meeting - Applicant
submitted plans to discuss modification to an annexation agreement created in 2007 when
9 acres of a 17 acre parcel were annexed into the City of Springfield for a future 31-10t
subdivision. The remaining 8 acres are outside of the UBG. The applicant would now
like to partition the 9 acre lot into three parcels and move the existing house onto one of
the newly created parcels. The applicant would then construct a new home on one of the
other 2 lots within the city limits.
Dear Mr. Jackson:
Thank you for your Development Issues Meeting submittal. The following meeting has
been scheduled:
TYPE:
DEVELOPMENT ISSUES MEETING
PLACE:
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
DSD CONFERENCE ROOM 616
225 FIFTH STREET
SPRINGFIELD, OR 97477
DA TEffIME:
Thursday, March 10,2011 at 1:30 - 2:30 p.m.
CONTACT PERSON:
Andy Limbird
If you have any questions, please call me at 541-726-3784.
Sincerely,
Andy Limbird
Planner
CC: Jim Branch
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
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:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Development Issues Meeting (DIM)
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Prospective
A licant Name:
Address:
&77
Phone:
Fax:
'Jl'fTl
Com an :
Prospective
A licant's Re
Address:
Owner:
Phone:
Fax:
Com an
Address:
Zooa
~\d 0 '~i747
ASSESSOR'S MAP NO: 11- 03- 2 '1-3 \
2778 1<1f-k
: I 7 {+erkl q~( \'1\ c~+
Acres uare Feet 0
Description of If you are filling In this form by hand, please attach your proposal description to this application.
Pro osal: see.. ( ache' '
Existin Use' One. It!J -Ilm1;l /'e..5It1cf1c~
p"'''pc:>.:.e 3 ......;I-.:.l."c.;J)'//n?~
# of Lots Parcels: . Lot/Parcel :.ize: rzo,ovQ.t sf
Prospective
Applicant:
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du/acre
Date:
RequirEtd p!()ject Infor'!!~tion _ __ _ _ (City ~nt!llse_~tilf[=- ~oml?lete tiJis se~tionl
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Case No.: ,
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Date:
Reviewed b :
A lication Fee:
Technical Fee: 0
Posta e Fee: $0
TOTAL FEES: 07-( ,(.10 PROJECT NUMBER: fRY
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Jackson Development Issues Meeting (DIM)
Questions
1. Annexation Agreement (Planning and Public Works)
a. Attached is a copy of the Annexation Agreement The applicants are proposing
amendments to this Agreement (see attached). Does City Planning and Public Works
agree with proposed language?
2. Proposed parcel configuration (Planning and Public Works)
Assuming amendments to this annexation agreement can be approved by the city, does
st?ff see any problem with the proposed layout?
3. Vera Street Extension (Public Works and Fire)
The proposal includes a 90' - 1 DO' extension of Vera Street The applicant is intending to
place a sign at the intersection of Vera and Grand Vista identifying Vera Street as a dead
end street with no outlet and' placing a barricade at the end of the paving. No turn around
at the end of Vera is proposed. Does the city staff agree with this proposal?
4. Street light (Transportation)
Will a street light be required?
5. Project Schedule/Financing (Planning Public Works, and Building)
a. The applicants/owners woul9 like to initiate constnuction of this new home as soon as
possible (Spring 2011), move his existing home onto Parcel 1 in 2012, record the final
plat in 2012 and construct the Vera Street extension in 2012.
Prior to proceeding with house plan review and construction of their new home, they
would need to have the council approval of the amendments to the annexation
agreement Upon council approval, they would complete and submit the tentative
partition application process. Can the city issue a building permit for the new home with
the understanding or deed restriction that only one home is to be occupied until: the
existing home is moved to parcel 1, the Plat is recorded and public improvements are,;:.::c~:.
complete or are in progress?
Date Received:
FEB1 82011
Original submittal
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Jackson Development Issues Meeting (DIM)
Existinq Conditions
In 2007 the city annexed 9 acres of the 17 acre parcel with remaining 8 acres outside the UGB
and within the fioodplain of the McKenzie River. The applicants/owners reside in a home located within
the annexed 9 acres. The property is generally fiat In 2007/2008 the city installed a sanitary sewer pump
station on the property with an 8" gravity sewer line in Vera Street (future) to serve Grand Vista Estates. A
pressure line was also extended from the pump station southward along 19'h Street to connect to the
existing city system.
No public water, sewer or drainage services are provided to the existing home. Water is provided
by an on-site well, sewer is provided by an on-site septic tank and drainfield and no formal site drainage
system exists. Vehicle access to the home is via a driveway along 19'h street south of Hayden Bridge
Road.
P roposa I
The owners would like to construct a new home within the city limits on their 17 acre parcel. They
have investigated a number of options to move their existing house on nearby parcels or transferring it to
non-profit organizations. Unfortunately, no practical solution resulted. Therefore, the only remaining
practical solution is to move their existing home to a future lot as depicted on the proposed partition plan,
since its current position is too close to the new home site.
. The applicants/owners and their representative have had several communications with city staff
and have concluded that the most practical solution would .be to process a three lot partition of the 17 '
acre parcel. By extending Vera Street 90~ 100 feet, two city sized parcels could be created with the
remaining 16.5 acres being the third parcel. Since Vera Street is planned for future extension easeward to
19'h Street the proposed 90-100 extension is in agreement with the long term street plan. One of the new
lots on Vera Street would be used to move the existing house onto.
Access to the new home site would be via extending the existing driveway along 19'h Street,
resulting in no change to the 19'h Street access, A temporary sewer connection to the 8" sewer in Vera
Street would serve the owners new home,
Schedulinq
To proceed forward with this proposal, the city council would need to approve amendments to the
Annexation Agreement to allow phased development of the site, The applicant has included the attached
proposed amendments to the agreement to allow phased development of the project, precipitated from
the change in the national, regional and local economies,
Assuming the council approves amendments allowing phased development of the property, the
applicants would proceed as soon as possible to build their, new home in 2011, following in 2012 with
moving the existing house, building the Vera Street extension and recording the final partition plat
Date Received:
FEB 18 2011
Original Submittal
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Proposed Annexation Agreement Modifications
Prior to the downturn of the economy in 2007/2008 the property owners and city anticipated the
entire project to be developed at one time. There are numerous references to a single subdivision plat
throughout the document. The owners are not proposing any changes to any technical requirements. The
owners simply request the fiexibility to develop the property in phases as market conditions and the local
economy permit.
The intent of the following proposed modifications to the "Restated Annexation Agreemenf'
recorded June 8, 2009, is to allow phased development of the property: City staff will be able to review
each phase of development for consistency with the development code and requirements of this
annexation agreement.
Proposed Changes
1. Delete "and prior to Occupancy Approval for any new structure on the Property" in paragraphs
1.3, 1.4, 1.5 lines 3 and 4.
2. Add in paragraphs 1.4.5 line 5 and 1.5.5 line 4, ...construction "as required for each phase".
3. Delete entire paragraph 4 Limitations on the Development or modify to allow phased
development via partitions and small subdivisions.
Date Received:
FEB I 8 2011
Original Submittal
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PRE11-00005 Development Issues
Jackson
Page 1 of 1
Mtg ~-03-24-31 TL 2000
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Date Received:
FEB 1 8 2011
Original Submittal
http://spifs020/mapguide2009/mapviewerphp/printablepage.php?SESSION= 122f9b06-0000-1 000... 2/22/2011
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Division of Chief Deputy Clerk
Lahe County Deeds and Records
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Mter Recording, Return to:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
1111111111111111111111111111111111111111111111111 $76.00
0107811120090030968007013306/081200903:54:02 PM
RPR-RNNX Cnl=l Stn=6 CRSHIER 07
$65.00 $11.00
RESTATED
ANNEXATION AGREEMENT
This Restated Annexation Agreement ("Agreement") is made between the City of
Springfield, an Oregon municipal corporation ("City") and Daniel and Shannon Jackson.
("APPLICANT").
This Restated Anneiation.Agreement restates. and amends the previous Annexation
Agreement entered into by the parties hereto on December 17, 2007 and recorded December 2!.;
2007, Recorder's Reception No. 2007-083844, Lane Co~ty Deeds and Records.
RECITALS
A. APPLICANT owns the.parcel(s) ofland legally descn'bed in Exhibit A, the Property, and
shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional
limits of the City and i.s subject to annexation by the Lane County Local Government
Boundary Commission or its successor ("Boundary Commission") following minor
boundary change processes.
B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2007-
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 Property to the City and seeks support from the City for ..
the annexation before the Boundary Commission or its successor. The Springfield Cornmori.
Council has adopted Resolution No. 07-57 supporting the annexation.
D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan
and is zoned LDR (UP-IO) 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 Meb:o
Plan Policy 8a arid 8b, p.lI-C-4, and such showing is snpported,bythe 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 sanitary sewer service, public stormwater management service, and street
connectivity to adjoining property that fully meet City Standards. The purpose of this
Agreement is to memorialize APPLICANT's and City's commitment and agreement to the
allocation of financial responsibility fot 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 I of 11
Date Received:
FEB 1 8 2011
Original Submittal
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key urban services, inCluding long-term public sanitary sewer, stormwater, interconnected
transportation systems and Fire and Life Safety services necessary for an affirmative City
recommendation for the annexation request ,_, .. _.., '
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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.
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. An existing public sanitary sewer system and lift station is located at the comer of
Vera Street and 19th Street. Sufficient capacity extsts in this system such that the
Property will be allowed to connect.
. An existing fifteen inch (15") diameter public sanitary sewer extends from the iift
station to the existing westerly right-of-way of 19th Street. '
. The APPLICANT will be required to extend the above described fifteen mch (15")
public saniWy sewer along 19th Street to the terminus point outside the limits of the
19th Street improvement, which will be determined by the City during the
Subdivision Tentative Plan review and approval, ,
. The APPLICANT wilibe aiiowed to connect hidividlial samtiiry sewerlaterals'to the"
fifteen inch (15") public smutary 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 (15")
public sanitary sewer through the payment of a portio,,! of the construction cost. The '
City will reimburse the APPLICANT at the rate of one hundred twenty five dollars
'($125.00) per line8I foot of the total lenP;th of said fifteen inch (IS") sanitary sewer,
plus five thousand dollars ($5000.00) for each manhole associated with the
construction of said fifteen inch (IS") 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 prepared 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 reiinbursed to the
APPLICANT within sixty (60) days ofllie acceptance of the Public Improvement
Project by the Common Council. City participation will be limited to the '
constructionofth~ fifteen inch (IS") public sanit3ry sewer and the aSsociated
manholes, and will not any include any costs associated with the laterals connected
to said sanitary sewer, including any laterals deemed necessary by the City to
provide future service to adjoining properties. Further, City participation will '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 APPLICANT and defined in Paragraph 1.3.3 of this
Agreement.
. The APPLICANT will be required to construct a public gravity sanit;lrj sewer
system to serve the Property, as needed, in addi,tion to the fifteen inch (15") public
sanitary sewer described above. '
G: A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a finding that this key urban service is available to serve the Property.
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Attachment 2
Page 2 of 11
Date Received:
Fia t 8 2011
Orlglngl ~Y!?mittSlI
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. An existing eighteen inch (18") diameter public stormwater management system is
10cated 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 locate~ adjacent to the West line of the Property,
approximately 170 feet south ofthe centerline of Vera Street.
." The APPLICANT will be allowed to connect to either or both of these existing
public stormwater 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% of the non-building rooft,?P runoff impervious
surfaces on the property shall be treated vegetatively, using methods such as a
bioswaJe. The APPLICANT will be required to maintain the post-developed runoff
rate of flow equal to or below the pre-developed runoff rate of flow.
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R An interconnectedtr~sportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provisiori of Fire and Life Safety services to and from the annexed property.
. The Property has frontage on 19'" Street which is under the jurisdiction "of Lane
County. Along this frontage, 19'" Street is not improved.
. The APPLICANT will be required to fully improve 19'" 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 lights and street trees, along the frontage oftlie"Property.
'Sidewalks ali.d'street trees ori the east side of 19"' Street will not be required to be
constructed,
. The APPLICANT will also be required to dedicate a strip ofland thirty-five feet
(35') in width adjacent to the westerly line of the existing Right-of-way, across the
froI!tage of the Property, to accommodate the improvement and the alignment of 19'"
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 19th 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 standard from the West
line of the Property to 19'" Street, complete with curb, gutter, pavement, sidewalks,
street lights and street trees.
o The APPLICANT will further be required to provide public access to all proposed
lots within the Property via public Rights-of-way and urban 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. "
o 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 requii:ed to provide a
secondary fire and life safety apparatus access route to the subdivision in accordance
,with Springfield Fire Code Appendix D 1 07. Date Receivea:
Attachment 2
Page 3 of 11 FEB 1 8 2011
Original submittal
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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 meetthe 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 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. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance
of Subdivision Plat 1IIld Public Improvement Plan approvals, APPLICANT agrees to
perform the obligations set for:!h iri this section.
I.
J.J . Apply for, and obtain, Subdivision Tentative Plan approval from the City, pursuant
to Springfield Development Code Article 35, for a residential subdivision on the
Property within six (6) months, unless extended by the City, of the effective date of
the Boundary Commission's, or its 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
Limited Land Use Decision issued by the City for Subdivision Tentative Plan
approval issued pursuant to Paragraph 1.1, above. This paragraph is subject to the
requirements of Paragraph 8, below.
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
lmprov=ent Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance.by the Common Council, and prior to Occupancy
Approval for any neW structure on the Property, develop on-site and off-site public
sanitary sewer conveyance systems to provide sanitary sewer service to the
development as follows:
1.3.1
APPLICANT shall construct public sanitary sewer systems to connect to the
Vera Street lift station and to extend the existing public sanitary sewer, as
described in Paragraph F of the Recitals of this Agreement
1.3.2
APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the perIDits and other
approvals necessary to construct the sanitary sewer systems described in
Paragraph 1.3.1, above.
. Date Received:
Attachment 2
Page 4 ofll
FEB 1 8 2011
Original Submittal
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'1.3.3 APPLICANT shal1 bear the ful1 cost and obligation to design and construct
the proposed sanitary. sewer systems that.connect to the existing public
systems, including but oot 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 Properly,
APPLICANT wil1 provide financial security acceptable to the City for al1
costs associated with ,the above described sanitary 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
lnd~stries (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 on 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 stormwater management systems to
collect, treat, convey, detain as deemed necessary, and discharge stormwater
from the Property and the upstream tributary areas via an on-site engineered
bioswale or mechanical filter system and public drainage easement, and into.
the public stormwater lines, as described in Paragraph G of the Recitals of
this Agreement.
1.4.2 APPLICANT shall prepare the stodies, plans, pennit applications, and other'" .'
supporting documentation necessary to obtain the pennits and other
approvals necessary to construct the stormwater management system
described in Paragraph 104.1, above. .
104.3 Grant to the City the easements necessary to access, operate, and maintain a
storrnwater management system on the Property. E~ernents for piped
portions of the system will be a minimum offourteen feet (14') wide and
may be wider depending upon the size and depth of the pipes within the
easement. Easement widths for open channel portions of the system shall be
determined based upon the design width of the channel plus ten feet (10') on
one side and twenty-jive 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 II
Date Received:
FEB 1 8 2011
Original submittal
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1.4.4 Applicant shall bear the full cost and obligation to design and construct the
proposed stormwater management systems that connect to the existing public
systems, including but not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.4.5 . Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above stormwater management system
construction. APPLICANT is directed to Paragraph 12 of this Agreement
concerning current requirements in relation to regulations of the Bureau of
Labor and Industries (BOLI) arid the payment of prevailing rate of wage.
The cost ofall construction to be completed which the City inte1]Jret3 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, FinallnspeCtion, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off-site public
street systems to provide interconnected transportation service to the development as
. follows:
1.5.1 APPLICANT shall 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 ofthe following public streets:
1.5.1.1 Dedication of Right-of-way and construction to facilitate the
connection to and extension of V era Street from the existing
improved street, located at the West line of the Property, through the':
property to the East line of the Property and the intersection of Vera
Street with 19lh Street, as descnbed 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
connection to mid extension of191h Street along the Applicant's
. . .
Property frontages descnb,ed in Paragraph H of the Recitals of this
Agreement.
1.5.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the pemuts and other
approvals necessary to construct the transportation systems described in
Paragraph 1.5.1, above. 0 t R 'ved'
a e ecel .
Attachment 2
Page 6 of 11
FEB 1 8 2011
Original Submittal
I'
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1.5.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed transportation systems, including but not limited to associated
Right-of-way, easements, engineering costs, permit applications and fees,
legal costs, construction and inspection costs, and the preparation of As-built
,
plans. .
1.5.4 APPLICANT has indicated a desire to utilize the City's Reimbursement
District Process for the full street improvements along 19th Street as
described in Paragraph H of the Recitals 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 Ordinance Number 6230 regarding Reimbursement
Districts.
1.5.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above transportation system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and
lndustries (BOLl) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interprets as being occupied or
used by a public agency shall be estimated based upon the prevailing rate of
wage, and 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 approval ofthe 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 APPLlCANT'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, construction, , acquisition ofland andlor easements, studies, permits
from all agencies having jurisdiction, attorney's fees, and all other costs reasonably
associated with the implementation of the needed improvements.
2. Obligations of CitY. Consistent willi the above Recitals, City agrees to: .
?l Initiate and support annexation of the Property to the City before the.Common
Council and support APPLlCANT'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 tim61y review and decision making of the Subdivision Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
Attachment 2 Date Received: .
Page 7 of 11
FEB 1 8 2011
OrIs;"'''' submittal
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2.3. 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 ofl9th Street abutting the PROPERTY
frontage at no'cost to the APPLICANT.
3.
Covenants Runnine: With the Land. It is th~ intention of the parties that the covenants 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 burden upon
the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its
execution in the Lane County Deeds and Records. This Agreement may be assigned by
APPLICANT and shall benefit any assigns or successors in interest to APPLICANT.
Execntion of this Agreement is a precondition to the support of the City for annexation of
the'Property described in Exhibit A to the City. Accordingly, the City retains all rights for
enforcement of this Agreement.
4.
Limitations on the Development. No portion of the Property shall be developed prior to the
approval of a Subdivision Tentative Plan and Public hnprovement Plans for the sanitary
sewer systems, stormwater management systems; and street improvements for the proposed
developm,ent.
5.
MutuaL CooDeration. City and APPLICANT shall endeavor to mutually cooperate with. each
other 1n implementing the, various matters contained herein.
6.
Waiver ofRie:ht of Remonstrance. APPLICANT agrees to sign any and all waivers,
petitions, Consents and all other documents necessary to obtain the public facilities and
services descn'bed herein as benefiting the Property, under any hnprovement Act or
proceeding of the State of OregOn, Lane County or the City and to waive all rights to
remonstrate against these improvements. APPLICANT does not waive the right to protest
the amount or manner of spreading the assessment thereof, if the assessment appears to
APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives
any right to file a written remonstrance against these improvementa. APPLICANT does not
waive its right to comment upon any proposed Local hnprovement District (LID) or any
related matters orally or in writing.
7.
Modification of Ae:reement. 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.ll-C-4 and as required herein are not provided in a: timely manner to the Property.
. '
8.
Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Muuicipal 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
applicatiOn or Land and Drainage A)t~ation Program (LDAP) p.CIT!lit application submitted
Attachment 2
Page 8 of 11
Date Received:
FEB 1 8 2011
f'lrlnln,,1 eubmittal
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by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all
State and/or Federal permits and any other approvals as may be req',lired.
9.
Dolan. APPLICANT knows and understands its rights under Dohill v. City ofTigard (512
U.S._114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT,. for payments, financial responsibility and reimbursements set forth in Section
1, required herein, are roughly proportional to the burden and demands placed upon the
urban facilities and services by the development and to the impacts of the development of
the Property. APPLICANT further wa,ives any cause of action it may have pursuant to
Dolan v. City ofTigard and cases interpreting the legal effect of Dolan arising out of the
actions described herein. . '. .. '. .
10.
Ballot Measure 37. APPLICANT knows and uri.derstands any rights it may have under
Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed
November 2, 2004. APPLlCANT for itself and its heirs, executors, assigns, admJnistrators
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 unenforceabie or invalid,
such enforceability or invaliqity shall not affect the enforceability or validity of any other
pr(jvi~ion of this Agreement The validity, meaning, enforceability, and effect, of the
. Agreement and the rights and liabilities of the parties here~o ~~~1l o.e detegnined),n, "
, . aCcOrdiince with the laws cifthe State of Oregon. :;;'::::i",:;";:""',',,,;,:::,__ ,'r:i::;!
... -~~_:~.:.:-~~.;"~.~.;:;'~i~';'-:::~\::::::..; .... " ;:.:".
",
12.
BOLVPrevailing Wage Rate.
The APPLICANT will require, as a condition of any 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 ofORS 279C.830, with respect to the payment ofthe
prevailing rate of wage;
B. requiring that each and every contractor or subcontractor shall file such bonds as may be
required under ORS 279C.836;
C. requiring that any contractor or subcontractor shall comply with each and every provision of
ORS279C.800-870, with respect to such PROJECT.
Any'and all cost estimates shall be prepared on the basis of prevailing rates of wage.
DATED this g rJ day or..:r 0 (\ e ,2009. . "-',.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written,
APPLICANT:
Date Received:
Attachment 2
Page 9 of 11
FEB 1 8 2011
O ',,' ~! '''H')~'lt{~1
" n~./:l,., '.~lM'_.: II ..Q'-
.
.
Daniel JackSon
(OWNER)
Shannon Jackson
(OWNER)
STATE OF OREGON
COUNTY OF LANE
} 55
'r:l..r ~ JvN~
BE IT REMEMBERED that on this '/ cJI day ofFe1lruary, 2009 before me, the nndersigned,
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 Daniel Jackson.
and Shannon Jackson executed'the same freely and voluntarily.
. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal. the day and
year last above written.
I) . OFFIOIALS~~D
., CHRIS ~~&.oREGON
.....} N86tfMrs~ION NMO"ltW~012
MY COMMISSION EJ(PIRES N>, .
9( -VVVc7L~'
Notary Public for Oregon
. My Commission Expires: ,...,A-.t. 3/ I 2.0 I 'Z.
By:
REViEWED ~ f.,PHIfWEil
As.. TO FORM
-h".........) \ r<A\.o.;
. DATE:_'i t~li ''''1
QFFWff o~ tlln ATTORNEY
Date Received:
. STATIWF OREGON
} 55
FEB 1 8 2011
Attachment 2
Page 10 of 11
Original Submittal
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COUNTY OF LANE
.
r ;J'Ur'IC
BE IT REMEMBERED that on this P'-. day of Foorutrry, 2009 before me, the undersigned, a
notary public in and for said County and State, personally appeared 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 cOIporation, and that the
seal affixed to said instrument-is. the COIporate seal of said municipal corporation, and that said
instrument was signed and sealed in. behalf of said murncipal corporation by authority of its
.Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
. OFFICIAL SEAL
. AMY LSOWA
, NOTARY PUBLIC - OREGON
'"_..' COMMISSION NO. 397942
. MYGOMMISSIONEXPIRESNOV.22,2OOIl
Attachment 2
Page II ofll
~c6~
Notary Publi or Oiegon
My Commission Expires: II';;;';)-~,;;.o() '1
Date Received:
FEB 1 8 2011
I
Original submittal
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EXHIBIT A
Febrwuy'12,2007
, BranchNo.06-203
LEGAL DESCRIPTi:ON
FOR
ANNEXATIONPURl'OSES
LANDS OF DANIEL L. AND SHANNON L. JACKSON
(pORTION OF TAX MAl' 17-03-24-31. TAX LOT 2000)
SITUATED in Dllincorporated areainLane C~unty, State of Oregon inthe Southwest 1/4 of Section
24, TlJWIIShip 17 South, RImge 3 West of the Willamette Meridian and descnoed as follows:
BEING a portion of the lands that were conveyed to Damel 1. and Shannon Batty in that certain
Special Warranty Deed that waS recorded May 16, 1990 in Ree11632R at Reception Ninnber'
9022540 in the Official Records of Lane CoUllty, State of Oregon, said pDItion being more
particularly described-as follows:
Commencingatapoint 17.42 cbains north ofa poiDtwheretheEastline oftbe WiiIiamC. Spencer
Donation Land Claim Number SO, Notification Number 3265, intersects the line between Section
24 and Secnon.25, Township 17 South, Range 3 West1)ftbe Willamette Meridian; thence North 89'
42' 33" W~st 393.00 feet and North.OO' 06' 1610 West 225.00 feetto the southwest comer of said
lands that wr,re conveyed in the above deed, Which point lies on the existing city limits line of t1ie
City of Springfield and is the TRUE POINT OF~EGINNINGofthe lands beingdescnoedherein;
THENCE leaving said TRUE POINT OF BEGINNING and along said city limits line and west"
line of said landS that were conveyed in said deed, NORm 00' 06' 16" WEST 900 FEET, more or
less, to an angle poiDt in the Urban Growth Boundary of the City ofSprlngfield; THENCE, leaving
said city limits line and said west line of said lmds:that were corrveyed in said deed, NORTH 63'
35' EAST 435 FEET, more or less, along said Urban Growth Boundary to an angle point in said
boundarytbat lies on the east line of said lands that were conveyed in said deed; THENCE,leaving
said Urban Growth Boundary and along Said east line of said lands that were corrveyed in said deed,
SOUTH 00' 06' 2410 EAST 1100 FEET, more or less, to the southeast corner of said l1IDds that were
conveyed in the said deed; AND TIIENCE, along the south line of said lands that were corrveyed
in the said deedNORm 89' 42' 33" WEST 393.00 FEETRETURNINGtotbe TRU:EPOINT OF
BEGINNING and CONTAINING 9.0 ACRES, more or less.
. .:P..-b ofV\L:< ( 2., 7.{){J 7
REGISTCRED
PROFESSIONAl.
LA SURVEYOR
Date Received'.
ORE
JULY 20,1293
REXA-I;lETZ
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FEB 1 8 2011
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Original submittal