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Home My WebLink AboutResolution No. 5243COUNCIL RESOLUTION NO. 5243 RESOLUTION APPROVING ANNEXATION OF LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-23-13, TAX LOT 109— LOCATED AT 1127 AND 1129 MACLAY DRIVE). PASSED: 8:0 REJECTED: ABSENT: CONSIDERED: September 10, 2018 10, RESOLUTION NO. 5243 RESOLUTION APPROVING ANNEXATION OF LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-23-13, TAX LOT 109—LOCATED AT 1127 AND 1129 MACLAY DRIVE). The City Council of the City of Eugene finds that: A. An annexation application was submitted on May 14, 2018, by Jesse Brabham in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-23-13, Tax Lot 109, to the City of Eugene. B. The property proposed to be annexed is depicted on the map attached as Exhibit A to this Resolution. The legal description of the property proposed to be annexed 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. On August 10, 2018, a notice containing the street address and 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 applicant, owners and occupants of property within 500 feet of the perimeter of the subject property, and the River Road Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on September 10, 2018. 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 C which are adopted in support of this Resolution, it is ordered that the land identified as Assessor's Map 17-04-23-13, Tax Lot 109, depicted on the map attached as Exhibit A, and more particularly described in the attached Exhibit B, is annexed to the City of Eugene. Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation and automatic rezoning of the land from R-1 Low -Density Residential with /UL Resolution - Page 1 of 2 Urbanizable Lands Overlay to R-1 Low -Density Residential pursuant to EC 9.7820(3) shall become effective in accordance with State law. The foregoing Resolution adopted the 10'h day of September, 2018. tc� City Recorder Resolution - Page 2 of 2 NORTH SCALE 1'=20' . Exhibit A ANNEXATION SITE PLAN: OWNER: JESSE BRABHAM 1127 & 1129 MACLAY DR. EUGENE, OREGON 97404 LOCATION: 17-04-23-13 # 109 1127 & 1129 MACLAY DRIVE LOT 6, BLOCK 1, MACLAY SUBDIVISION SURVEYOR: KRUSH AND ASSOCIATES 115 W. 6th AVENUE SUITE 240 EUGENE, OREGON 97401 (541) 686-9211 UTILITIES: 'POWER-E.W.E.B. WATER-E.W.E.B. SEWER -CITY OF EUGENE GAS -NW NATURAL DATE: APRIL 20, 2018 Exhibit B Description: Lot 8, Block 1, Maclay Subdivision as platted and recorded in Book 30, Page 11, Lane County Oregon Plat Records, in Lane County, Oregon. Exhibit C Planning Director's Findings and Recommendation fa Annexation Request for Brabham, Jesse (City File: A 18-2) Application Submitted: May 14, 2018 Applicant: Jesse Brabham Property Included in Annexation Request: Portion of Tax Lot 109 of Assessor's Map 17 042313 Zoning: R-1 Low Density Residential with AULUrbanlzable Land Overlay Location: 1127 and 1129 Maclay Drive Representative: Marvin Brush Lead City Staff: Nicholas Gloello, City of Eugene Planning Division, 541682-5453 EVALULATION: Bared on the Information provided by the applicant the City has determined thatthls requestcomplles with Eugene Code (EC) Section 9.7805 Annexatlon -Applicability. As such, It Is subject to revlewand approval In accerdanccwlth the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The applicable approval criteria are presented below In bold typefacewlth findings and conclusions following each. EC9.7825(1) The land proposed to be annexed swithin the city'surban growth boundaryand is: (a) Contiguousto the citylimits, or (b) Separated from the city onlyby a public right of wayor a stream, bay, lake or other body of vuater. Complies Findings:e annexatlon area iswIthIn the City's urbanwowth boundary(UGB), and is c ntiguousThto the City limits, censlstentwlth subsection (a). NO YES EC9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Complies Findings: Several poll des from the M coup Plan provide support for this annexation by encouraging compact urban growth to achieve efficient use of land and urban service NO YES provisions within the URGE, Including the following policies from the Growth Management rection (In Italic text): P011cyB. fund with In th e UGB may be convertedfrOm urbanlzable to urban only through annexation to a city when itlsfound that a. A minimum level of key urbrnfacipties and services can be provided to the Ordedyand efficient manner. b. Th ere will be a logical area and time with In wh lch to deliver urban services andfacllPles. Conversion of urbanlzable land to urban sh A drop be consistent with the Metro Plan. (page 11 Cd) Po11ry10. Annexation to a city th rough normal processes shall continue to be the high ant priority. (page 11{5). Jesse eaenam(13 2) September 20 13 Pwe1 Jesse Brabham (A 18-2) September 2018 Page 2 Policy 15. 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 following policy from the Residential Element of the Metro Plan is also applicable: Policy A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan, and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and UGB until rezoned for urban uses. 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 property and also designates the area for residential uses. The property is currently zoned Low -Density Residential with Urbanizable Land Overlay (R-1/UL). The /UL overlay will be automatically removed from the zoning following annexation approval. With regard to applicable policies of the RR/SC UFP, the subject property is not located within any of the described subareas. Further, none of the general "Residential Land Use Policies" at Section 2.2 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 property 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. Therefore, based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and applicable refinement plan. 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. Complies Findings: 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 ® ❑ NO YES provided in an orderly, efficient, and timely manner as detailed below: Wastewater According to the as -constructed drawings, an 8 -inch public wastewater line exists within Maclay Drive directly in front of the subject property, however, no connection record was found. As an informational item, there is an on hold wastewater assessment for this tax lot that will need to be paid prior to any development. Jesse Brabham (A 18-2) September 2018 Page 2 Stormwater Public stormwater systems are not available to serve this property. Records show that the soils are mapped primarily Type C. Infiltration testing may be required at the time of development to demonstrate adequate percolation rates and the applicant must discharge its stormwater runoff from impervious surface to an approved point of discharge and demonstrate the downstream capacity for stormwater disposal. Transportation This property is located near the dead end of Maclay Drive which is a County Local Access Road in the jurisdiction of Lane County Public Works. Access management and street standards will be evaluated at the time of future development. The annexation of public right-of-way is not proposed with this application. Comments from Lane County Transportation Planning indicate Maclay Drive is subject to the requirements of Lane Code Chapter 15. They had no further comments given that the property is currently developed. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric EWEB Water staff state no objection to the annexation. EWEB Electric staff also state no objection to the annexation. Water and electric services can be extended to the subject property in accordance with EWEB policies and procedures. Public Safety Police protection can be extended to this site upon annexation consistent with service 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 Parks and recreation programs are provided on a City-wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. 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. Jesse Brabham (A 15-2) September 2018 Page 3 Communications A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. Public Schools The subject property is within Eugene School District 4.1 and is within the district boundary of River Road Elementary School, Kelly Middle School, and North Eugene High School. As access to schools is evaluated on a district wide basis, the property's location within the school district is sufficient evidence to demonstrate the minimum level of this urban service is met. 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. A map and legal description showing the area subject to annexation are included in the application file for reference. The effective date is set in accordance with State law. Jesse Brabham (A 18-2) September 2018 Page 4