HomeMy WebLinkAboutResolution No. 5244COUNCIL RESOLUTION NO. 5244
RESOLUTION APPROVING ANNEXATION OF LAND TO THE CITY
OF EUGENE (ASSESSOR'S MAP 17-03-28-40, TAX LOTS 1401 AND
1402 — LOCATED AT 1 AND 2 CHEVY CHASE LANE).
PASSED: 8:0
REJECTED:
ABSENT:
CONSIDERED: September 10, 2018
10,
RESOLUTION NO. 5244
RESOLUTION APPROVING ANNEXATION OF LAND TO THE CITY OF
EUGENE (ASSESSOR'S MAP 17-03-28-40, TAX LOTS 1401 AND 1402 —
LOCATED AT 1 AND 2 CHEVY CHASE LANE).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on July 18, 2018, by Eastmark Capital
Group, on behalf of The Estate of Nancy Ann Chase, deceased, and Michael LeCompte in
accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex
property identified as Assessor's Map 17-03-28-40, Tax Lots 1401 and 1402, to the City of
Eugene.
B. The property proposed to be annexed is depicted on the maps attached as Exhibit
A to this Resolution. The legal descriptions of the property proposed to be annexed are 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 numbers, 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 Harlow Neighbors Association. 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 17-03-28-40, Tax Lots 1401 and 1402, depicted
on the maps attached as Exhibit A. and more particularly 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 Agricultural and /UL Urbanizable
Lands Overlay to AG Agricultural pursuant to EC 9.7820(3) shall become effective in accordance
with State law.
The foregoing Resolution adopted the 10th day of September, 2018.
City Recorder
Resolution - Page 2 of 2
age A
age of
Exhibit A
Page 2 of 2
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6. Atch 3— Legal Description,
Map and Surveyor Cert (1
Chew Chase Lane)
Exhibit B
Page 1 of 2
Legal Description of Affected Territory to be Annexed
(Tax Lot #1401)
A unit of land being situated in the Southeast 114 Section 28, Township 17 South,
Range 3 West of the Willamette Meridian, said unit of land being more particularly
described as follows:
Commencing at the Southeast corner of the Mahlon H. Harlow Donation Land Claim
No. 57 in Township 17 South, Range 3 West of the Willamette Meridian; thence North
00°08'30" West 2130.44 feet; thence South 87°52'00" West 2127.35 feet; thence South
02008'00" East 45.00 feet to a point on the southerly margin of Kinsrow Avenue (County
Road No. 782), said point being the northeast corner of Tax Lot #1401 and the POINT
OF BEGINNING of this unit of land,
Thence leaving the southerly margin of Kinsrow Avenue, South 17°56'00" East 210.80
feet to the southeast corner of Tax Lot #1401;
Thence South 77°56'01" West 139.17 feet to an angle point in the southerly boundary of
Tax Lot #1401;
Thence South 77°48'38" West 152.02 feet to the southwest corner of Tax Lot #1401;
Thence North 15°56'30" West 260.93 feet to a point on the southerly margin of Kinsrow
Avenue, said point being the northwest corner of Tax Lot #1401;
Thence along the southerly margin of Kinsrow Avenue, North 87052'00" East 291.65
feet to the point of beginning, all in Lane County, Oregon and containing 67,484 square
feet (1.55 acres) of land, more or less.
6. Atch 3— Legal Description,
Map and Surveyor Cert (2
Chew Chase Lane)
Exhibit B
Page 2 of 2
Legal Description of Affected Territory to be Annexed
(Tax Lot #1402)
A unit of land being situated in the Southeast 114 Section 28, Township 17 South,
Range 3 West of the Willamette Meridian, said unit of land being more particularly
described as follows:
Commencing at the Southeast corner of the Mahlon H. Harlow Donation Land Claim
No. 57 in Township 17 South, Range 3 West of the Willamette Meridian; thence North
0008'30" West 2130.44 feet; thence South 87°52'00" West 2127.35 feet; thence South
02°08'00" East 45.00 feet to a point on the southerly margin of Kinsrow Avenue (County
Road No. 782), said point being the northeast corner of Tax Lot #1401; thence leaving
the southerly margin of Kinsrow Avenue, South 17°56'00" East 210.80 feet to the
southeast corner of Tax Lot #1401 and the northeast corner of Tax Lot #1402 and also
the POINT OF BEGINNING of this unit of land:
Thence continuing South 17'56'00" East 84.78 feet to the southeast corner of Tax Lot
#1402;
Thence along the southerly boundary of Tax Lot #1402 the following bearings and
distances: South 81'01'45" West 80.82 feet; thence North 87°52'00" East 59.26 feet;
thence South 63'14'02" West 117.13 feet: thence South 24°06'09" West 33.59 feet;
thence South 67°48'38" West 134.96 feet to the southwest corner of Tax Lot #1402;
Thence North 15056'30" West 170.82 feet to the southwest corner of Tax Lot #1401 and
the northwest corner of Tax Lot #1402;
Thence along the northerly boundary common to Tax Lots #1401 and #1402 the
following bearings and distances: North 77°4838" East 152.02 feet; thence North
77°56'01" East 139.17 feet to the point of beginning, all in Lane County, Oregon and
containing 37,920 square feet (0.87 acres) of land, more or less.
Exhibit C
Page 1 of 4
Afte, Planning Director's Findings and Recommendation
Annexation Request for Chase/LeCompte
qW (City File: A 18-4)
Application Submitted: July 18, 2018
Applicant: Eastmark Capital Group LLC
Property Included in Annexation Request: Tax Lots 1401 and 1402 of Assessor's Map 17-03-28-40
Zoning: AG Agricultural with /UL Urbanizable Lands Overlay
Location: 1 and 2 Chevy Chase Lane
Representative: Sean Barnes, 206-521-0240
Lead City Staff: Dan Lawler, City of Eugene Planning Division, 541-682-5282
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 right of way or a stream, bay, lake or other
body of water.
Complies
Findings: Both properties are entirely within the City's UGB. The area of annexation is
contiguous to the City limits along all boundaries, consistent with subsection (a). The
®
❑ NO
YES
annexation area is not separated from the City limits by any features.
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinement plans.
Complies
Findings: 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
®
❑ No
YES
provisions within the UGB, including the following policies from the Growth
Management section (in italic text):
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 which to deliver urban services
and 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 II -C -S).
Chase/LeCompte (A 18-4) August 2018 Page 1
Exhibit C
Page 2 of 4
Chase/LeCompte (A 18-4) August 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 high-density
residential use. The Willakenzie Area Plan (WAP) is the adopted refinement plan for the
subject properties and also designates the area for high-density residential use. The
property is currently zoned AG Agricultural and /UL Urbanizable Lands Overlay. The /UL
overlay will be automatically removed from the zoning following annexation approval.
With regard to applicable policies of the WAP, the subject property is located within the
Chase Gardens Subarea. None of the listed policies for this subarea appear to be directly
applicable to the subject property. The proposed annexation does not appear to conflict
with any of the Land Use Policies or Residential Policies. The "Public Facilities and
Services Element" policies of the WAP 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.
Therefore, based on the findings above, the proposal is consistent with the applicable
policies of the Metro Plan and 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
A 15 -inch public wastewater line is located North of the subject property on Kinsrow
Avenue. There are no on hold wastewater assessments on this tax lot.
Chase/LeCompte (A 18-4) August 2018 Page 2
Exhibit C
Page 3 of 4
Stormwater
Public stormwater systems are not available to serve this property. Records show that
the soils are mapped Type B. Infiltration testing may be required at the time of
development to demonstrate adequate percolation rates; however, there are options for
complying with stormwater standards which will be further evaluated at the time of
future development.
Transportation
The annexation area abuts Kinsrow Avenue (a major collector with a 40-50' right-of-way)
that flows to Martin Luther King Jr Blvd (minor arterial). Both are fully developed with
sidewalks, curbs, gutter, and street trees. Access management and street standards will
be evaluated at the time of future development.
Snliri Wastp
Collection service is provided by private firms. Regional disposal sites and the Short
Mountain Landfill are operated by Lane County.
Water and Electric
EWER 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.
Communications
A variety of telecommunications providers offer communications services throughout
the Eugene/Springfield area.
Chase/LeCompte (A 18-4) August 2018 Page 3
Exhibit C
Page 4 of 4
Piihlir Srhnnl-,
The subject property is within Eugene School District 4.1 and is within the district
boundary of Holt Elementary School, Monroe Middle School, and Sheldon 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 key
urban service is met.
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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.
Chase/LeCompte (A 18-4) August 2018 Page 4