HomeMy WebLinkAboutResolution No. 5096RESOLUTION NO. 5096
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS ASSESSOR'S MAP 17- 04 -12 -20 TAX LOT
1500).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by Debra Dade on August 26, 2013, in
accordance with the provisions of Section 9.7810(2) of the Eugene Code, 1971, ( "EC ") for
annexation to the City of Eugene of the property identified as Assessor's Map 17- 04 -12 -20 Tax
Lot 1500.
B. The territory proposed to be annexed is depicted on the map attached as Exhibit A
to this Resolution. The legal description of the property described is attached to this Resolution
as Exhibit B.
C. The City's Planning Director has submitted a written recommendation that the
application be approved based on the criteria of EC 9.7825. The Planning Director's
Recommendation is attached as Exhibit C.
D. On September 27, 2013, a notice containing the assessor's map and tax lot
number, a description of the land proposed to be annexed, and the Planning Director's
preliminary recommendation was mailed to the applicants, owners and occupants of property
within 500 feet of the subject property, and the Santa Clara Community Organization. The
notice advised that the City Council would consider the Planning Director's full recommendation
on the proposed annexation on October 28, 2013.
E. After considering the Planning Director's recommendation, the City Council finds
that the application should be approved.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1 . Based on the above findings and the Planning Director's Recommendation
and Findings attached as Exhibit C which are adopted in support of this Resolution, it is ordered
that the land identified as Assessor's Map 17- 04 -12 -20 Tax Lot 1500 on the map attached as
Exhibit A, and described in the attached Exhibit B, is annexed to the City of Eugene.
Resolution - Page 1 of 2
Section 2 . This Resolution is effective immediately upon its passage by the City
Council. The annexation and automatic rezoning of the land from AG/UL to AG pursuant to EC
9.7820(3) shall become effective in accordance with State law.
The foregoing Resolution adopted the 28 day of October, 2013.
(�L 2LII 14-U
City Re order
Resolution - Page 2 of 2
Ft
0 115 230 460
Caution:
This map is based on imprecise _
source data, sabred to change,
and for general reference only. �
October 15, 2013
Exhibit A: Vicinity Map
Exhibit B: Legal Description
Legal Description
Map 17- 04- 12 -20, Tax Lot 1500
Beginning at a point 212.52 feet South 0° 30' East of a stone set for the beginning point
of County Road No. 18, said stone according to County Survey being 42.56 chains South
89° 50' West of a point 20.10 chains South of the Northeast corner of the L. Poindexter
Donation Land Claim No. 52, Township 17 South, Range 4 West; running thence South
0° 30' East 110.0 feet; thence South 89° 50' East 245.0 feet; thence South 0° 30' East
214.0 feet; thence North 89° 45' East 374.74 feet; thence North 0° 30' West 324.88 feet
to a point which is North 89 50' East from the point of beginning; thence South 89 50'
West 619.74 feet to the place of beginning, in Lane County, Oregon.
REGISTERED
PROFESSl® A
.AND SURV Y(
OREGON
SEPTEMBER 23, 1977
THOMAS F. POAGE
1301
Ekpia6s:
Exhibit C
Page 1 of 4
Planning Director's Recommendations and Findings:
Dade, Debra and the Estate of Diana P. Vermeys (A 13 -7)
EUGENE
Application Submitted: August 26, 2013
Applicant: Dade, Debra and the Estate of Diana P. Vermeys
Map /Lot(s): 17- 04- 12 -20: 1500
Zoning: AG /UL Agricultural with Urbanizable Land Overlay
Location: East side of River Loop 1, north of Grizzly Avenue
Representative: Bill Randall, Arbor South Architecture
Lead City Staff:
I Becky Taylor, Associate Planner, (541) 682 -5437
EVALUATION:
Based on the information provided by the applicant, the City has determined that this request complies with
Eugene Code (EC) Section 9.7805 Annexation - Applicability. As such, it is subject to review and approval in
accordance with the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The
applicable approval criteria are presented below in bold typeface with findings and conclusions following
each.
EC 9.7825(1) The land proposed to be annexed is within the city's urban growth boundary and is:
(a) Contiguous to the city limits; or
(b) Separated from the city only by a public right of way or a stream, bay, lake or other body
of water.
Complies Findings: The annexation area is within the City's urban growth boundary (UGB), and is
YES ❑ NO contiguous to the City limits, consistent with subsection (a). Abutting lands to the north
and south are in City limits.
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans.
Complies Findings: The proposed annexation area is within the UGB. Several policies from the
YES ❑ NO Metro Plan generally support this annexation by encouraging compact urban growth to
achieve efficient use of land and urban service provisions within the UGB, including the
following:
C. Growth Management, Goals, Findings and Policies:
Policy 8. Land within the UGB may be converted from urbanizable to urban only
through annexation to a city when it is found that:
a. A minimum level of key urban facilities and services can be provided to the area
in an orderly and efficient manner.
b. There will be a logical area and time within whi to deliver urban services and
Dade /Estate of Vermeys (A 13 -7) October 2013 Page 1
Exhibit C
Page 2 of 4
Dade /Estate of Vermeys (A 13 -7) October 2013 Page 2
facilities. Conversion of urbanizable land to urban shall also be consistent with the
Metro Plan. (Page 11 -C -4)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (Page 11 -C -4)
Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with
the required minimum level of urban facilities and services. While the time frame for
annexation may vary, annexation should occur as land transitions from urbanizable to
urban. (Page 11 -C -5)
The Metro Plan designates the annexation area as appropriate for residential use. The
River Road /Santa Clara Urban Facilities Plan (RR /SC UFP) is the adopted refinement plan
for the subject properties and also designates the area for residential uses. The property
is currently zoned AG /UL Agricultural with Urbanizable Land Overlay. The /UL overlay will
be automatically removed from the zoning following annexation approval. The applicant
plans to file a zone change application to low- density residential, following approval of
the annexation.
With regard to applicable policies of the RR SC UFP, the subject property is not within a
subarea; of the general "Residential Land Use Policies" at Section 2.2, none appear to be
directly applicable to the subject request. The "Public Facilities and Services Element"
policies of the RR SC UFP are directed at local government; however, the premise of
these policies (regarding the provision of urban services) is the assumption that the
properties within the UGB will be annexed.
As previously discussed in this subsection, and further detailed under subsection (3)
below, the proposed annexation is consistent with Metro Plan growth management
policies and can be served by the minimum level of key urban services. The annexation
procedures beginning at EC 9.7800 are consistent with State law and therefore, as found
throughout this report, the annexation is consistent with State law.
EC 9.7825(3) 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.
Findings: The proposed annexation will result in a boundary in which the minimum level
Complies
of key urban facilities and services can be provided in an orderly, efficient, and timely
manner as detailed below:
®YES
❑ NO
Wastewater
Public wastewater is provided by the existing 8 -inch mainlines located within River Loop
1 and Banton Avenue, abutting the subject property to the west and south, respectively.
Dade /Estate of Vermeys (A 13 -7) October 2013 Page 2
Exhibit C
Page 3 of 4
Stormwater
Public stormwater facilities are available from a 10 -inch mainline located within the
abutting segment of Banton Avenue. Additional stormwater runoff from future
development of the property may require on -site detention and /or retention.
Compliance with applicable stormwater development standards will be ensured during
the development permit process.
Streets
The portion of River Loop 1 abutting the west boundary of the subject property is under
Lane County's jurisdiction. Grizzly Avenue is a City street that is partially stubbed to the
southeast corner of the subject property. Street extensions through the property will be
evaluated at the time of development.
Solid Waste
Collection service is provided by private firms. Regional disposal sites and the Short
Mountain Landfill are operated by Lane County.
Water & Electric
Eugene Water and Electric Board (EWEB) staff states no objection to serving the
proposed annexation, provided future development of the subject property complies
with applicable policies and procedures. EWEB staff notes that the existing six -inch water
mains located within the abutting segments of River Loop 1 and Grizzly Avenue need to
be connected through the subject property, with potential system upgrades required, at
the time of development.
Public Safety
Police protection can be extended to this site upon annexation consistent with service
provision through the City. Fire protection services and ambulance services are currently
provided to the subject property by the City of Eugene. Emergency medical services are
currently provided on a regional basis by the cities of Eugene and Springfield to central
Lane County and will continue in the same manner upon annexation.
Parks and Recreation
A minimum level of park service can be provided to the proposal area by the city as
prescribed in the Metro Plan Terra Linda Park is located approximately 250 feet to the
northeast.
Planning and Development Services
Planning and building permit services are provided for all properties located within the
urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide
the required land use controls for future development of the subject property upon
annexation.
Communications
Qwest communications and a variety of other telecommunications providers offer
communications services throughout the Eugene /Springfield area.
Dade /Estate of Vermeys (A 13 -7) October 2013 Page 3
Exhibit C
Page 4 of 4
Public Schools
The subject property is within the Eugene 4J School district and is served by Awbrey Park
Elementary School, Madison Middle School and North Eugene High School.
CONCLUSION:
Based on the above findings, the proposed annexation is found to be consistent with the applicable approval
criteria. The Planning Director recommends that City Council approve this annexation proposal. The effective
date is set in accordance with State law.
Dade /Estate of Vermeys (A 13 -7) October 2013 Page 4