HomeMy WebLinkAboutResolution No. 5169
COUNCIL RESOLUTION NO.5169
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS ASSESSOR’S MAP 18-03-18-22,
PORTION OF TAX LOT 601).
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Syrett
CONSIDERED:September 12, 2016
RESOLUTION NO. 5169
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS ASSESSOR’S MAP18-03-18-22,PORTION
OF TAX LOT601).
The City Council of the City of Eugene finds that:
A.
An annexation application was submitted byMcBirney Family TrustonJune 9,
2016,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 asAssessor’s Map18-03-18-22,
portion of Tax Lot 601.The portion of Tax Lot 601 subject to annexation is bounded on the north
th
by the south margin of West 40Avenue. The portion of Tax Lot 601 that extends from the south
thth
margin of West 40Avenue to the center line of West 40Avenue does not require annexation
because it is already within the City limits.
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 Findings and
Recommendation is attached as Exhibit C.
D.
OnAugust 12, 2016, a notice containing the street address and assessor’s map and
tax lot number, a description of the landproposed to be annexed, and the Planning Director’s
preliminary recommendation was mailed to the applicants,ownersand occupants of property
within 500 feet of the subject property, and theSouthwest Hills Neighborhood Association.The
notice advised that the City Council would consider the Planning Director’s full recommendation
on the proposed annexation onSeptember 12, 2016.
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 Findings and
Recommendation attached as Exhibit Cwhich are adopted in support of this Resolution, it is
ordered that the land identified as Assessor’s Map18-03-18-22,portion of Tax Lot 601, depicted
Resolution -Page 1of 2
Exhibit A
(Map Reduced in Size)
Exhibit B
Exhibit C
Planning Director's Findings and Recommendation
Annexation Request for McBirney Family Trust
(City File A16-5)
Application Submitted:
June 9, 2016
Applicant:
Carmen Mcbirney, McBirney Family Trust
Property Included in Annexation Request:60118-03-18-22
Tax Lot of Assessor’s Map
Zoning:
R-1/WR/UL Low-Density Residentialwith Water Resource and Urbanizable LandsOverlays
Location:th
South side of West40Avenue, west of BraeBurn Drive
Surveyor:
Lloyd Tolbert
Lead CityStaff:
Erik Berg-Johansen, City of Eugene Planning Division, 541/682-5437
EVALULATION:
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 rightof way or a stream, bay, lake or other body of
water.
CompliesFindings:The annexation area is within the City's urban growth boundary (UGB), and is
contiguous to the city limits, consistent with subsection (a).
YESNO
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans.
CompliesFindings:Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to achieve efficient use of land and urban service provisions
YESNO
within the UGB, including the followingpolicies from the Growth Management section (in italic
text):
Policy 8.Land withinthe 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 which to deliver urban services and
facilities. Conversion of urbanizable land to urban shall also be consistent with
the Metro Plan. (page II-C-4)
Policy 10. Annexation to a city through normal processes shall continue to be the highest
priority. (page II-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 II-C-5)
As addressed below under subsection (3), and consistent with these policies, a minimum level of
key urban facilities and services can be provided to the area in an orderly and efficient manner.
McBirney Family Trust (A 16-5)September2016Page 1
The South Hills Studyis the applicable refinement plan for the area. The following policies from
that plan areapplicable to this request (in italic text):
Insure that annexation serves a public purpose as well as a private purpose
That future annexation requests within the potential urban service area be evaluated upon
the following bases:
a.The ability of the community to provide public services for the potential
development in an economic and efficient manner; and
b.The previous maintenance of the property as a desirable residential environment
(Note: if the City adopts an ordinance governing vegetation removal as a result of
the present City Council subcommittee research, the standards set forth in that
ordinance could provide the basis for evaluation previous maintenance of the
property).
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, consistent with the refinementplan policies above.
Further, the proposed annexation facilitates development of a vacant property within the City’s
UGB. This serves a public purpose because wastewater systems will be brought closer to other
undeveloped properties. A private purpose isserved because annexation allows the property
owner to develop the land.
Finally, 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.
Based on the findings above, the proposal is consistent with the applicable policies of the South
Hills Study.
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.
CompliesFindings: Consistent with this criterion, the proposed annexation will result in a boundary in
which the minimum level of key urban facilities and services can be provided in an orderly,
YESNO
efficient, and timely manner as detailed below:
Wastewater
Currently, there are no existing public wastewater lines available to serve this property. The
applicant has submitted documentation establishing feasibility of orderly extension of the public
wastewater system to serve the subject property per a Technical Memorandum prepared by Dennis
Boeger, P.E. of Boeger & Associates, LLC, dated July 18, 2016. Although the precise location of
the line has not yet been determined, the general alignment takes into consideration natural
resources, setbacks, and slopes. Additionally, the applicant obtained and submitted consent from
adjacent affected property owners per public utility easement documents which have been
prepared, signed, and notarized; these drafts have been reviewed and approved and are ready for
recordation -in anticipation of future construction of said wastewater pipes. As an informational
item, there are no capital improvementsplanned to install public wastewater in this area at this
time, and therefore, the proposed extension of public wastewater to serve the subject property
would be reviewed through the privately engineered public improvement (PEPI) process, and
financial surety would be the responsibility of the private developer.
Stormwater
Public stormwater systems are not available to serve this property. Development proposals must
demonstrate consistency with flood control standards; retention may be a feasible option for this
site if soil tests demonstrates adequate infiltration rates exist on-site and applicable stormwater
McBirney Family Trust (A 16-5)September2016Page 2
management design standards are adhered to. Compliance with applicable stormwater
development standards will be ensured at the time of development.
Transportation
The property abuts West40th Avenue, an unimproved local street. Compliance with applicable
street standards, such as street connectivity, street widths, and street improvements 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.
Waterand Electric
Eugene Water and Electric Board (EWEB)Water staff confirmthat water and electric services are
available to the property.
Public Safety
Police protection can be extended to this site upon annexation consistentwithservice provision
through the City.Fire protection will be provided by the City of Eugene Fire Department.
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 asprescribed in the Metro
Plan.
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
Avariety of telecommunications providers offer communications services throughout the
Eugene/Springfield area.
Public Schools
The subject property is within EugeneSchool District4Jand is withinthe district boundaryof
EdgewoodElementary School,Spencer ButteMiddle School, and South EugeneHigh School.
CONCLUSION:
Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825,the proposed
annexation is consistent with the applicable approval criteria. Amapand legal description showing the area subject to
annexationareincluded in the application file for reference.The effective date is set in accordance with state law.
INFORMATION:
Upon approval of the annexation, the base zoning of R-1Low-Density Residentialand the /WR Water Resources
overlaywill remain; however, the /UL Urbanizable Lands overlay will be automatically removed from the
annexation area. Please contact the PermitInformation Center,Planner-on-Duty at 682-5377 for more
information.
Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory
requirements.
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