HomeMy WebLinkAboutResolution No. 5246/��.�\
City Recorder
October 8, 2018
To whom it may concern:
Enclosed please a find a copy of the following annexation of land to the City of Eugene:
1. Property identified as:
ASSESSOR'S MAP: 17-04-23-44
Tax Lot(s) 4300, 4400, 4500
(Monkey Hero, LLC; At 8-3)
If you need further assistance, please feel free to contact Amy Janisch at 541-682-5699.
Sincerely,
aet'� J� mt"2't
Beth Forrest
City Recorder
City of Eugene • 125 E. 8th Ave., 2nd Floor • Eugene, OR 97401 • 541-682-SO42 • S41-682-5414 Fax
www.eugene-or.gov
O�WEN
MOVE
Eugen
Consent to Annexation
Consent is hereby given to the annexation by the City of Eugene, Oregon of the
following described real property:
Map and Tax Lot: 0M ,ti )4` 0q&A_3 Address:
Legal Description: ` `U 1__1 Z3gq U gy(fJ
In the corporate limits of said city, which is owned by the undersigned
t -y
DATED this 16 day of M &Y , 20
STATE OF OREGON )
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County of `,aQ )
nota
.'1�.7suX-a-, Kra rf! �sGi Be �2�
On this �_ day of 201L before me, the undersigned, a
public in and for the said county a d state, personally appeared the within -named,
A&A_ �'1_ . _ . t IA._ % I _ f . . _ . . .
freely and voluntarily.
Seal:
OFFICIAL STAMP
LMAMIE A. SINARU-VARGAS
NOTARY PUBLIC-ORECON
1#W
C�N�SSION� EMRES FEr O.RU 074, 2022
aiviaual described herein and who executed the same
IN TESTIMONY WHEREOF, I have hereunto set
my hand and seal the day and year last above
writhen. r__
Notary Public for Oregon J
My Commission Expires 'q
October 8, 2018, Meeting - Item 3C
COUNCIL RESOLUTION NO. 5246
APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY
OF EUGENE (ASSESSOR'S MAP 17-04-23-44, TAX LOTS 4300, 4400
AND 4500—LOCATED ON THE SOUTH SIDE OF FILBERT AVENUE,
NORTH OF NORTHWEST EXPRESSWAY).
PASSED: 8:0
REJECTED:
ABSENT:
CONSIDERED: October 8, 2018
RESOLUTION NO. 5256
APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (ASSESSOR'S MAP 17-04-23-44, TAX LOTS 4300, 4400 AND
4500—LOCATED ON THE SOUTH SIDE OF FILBERT AVENUE, NORTH
OF NORTHWEST EXPRESSWAY).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on June 12, 2018, by Monkey Hero LLC,
in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex
property identified as Assessor's Map 17-04-23-44, Tax Lots 4300, 4400 and 4500, to the City of
Eugene.
B. The property proposed to be annexed is located on the south side of Filbert Avenue,
north of Northwest Expressway, and 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 September 7, 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 October 8, 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 17-04-23-44, Tax Lots 4300, 4400 and 4500,
depicted on the map 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 adoption by the City Council.
The annexation and automatic rezoning of the land from R-1 Low -Density Residential with /UL
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 theday of October, 2018.
ity Recorder
Resolution - Page 2 of 2
Exhibit A
Exhibit B
Legal Description of Affected Territory to be Annexed
(Tax Lot #4300, #4400, #4500)
A unit of land being situated in the Southeast 1/4 Section 23, Township 17 South,
Range 4 West of the Willamette Meridian, said unit of land being more particularly
described as follows:
Commencing at the Southwest comer of the Benjamin Davis Donation Land Claim No.
45 in Township 17 South, Range 4 West of the Willamette Meridian; thence South
48°52'00" East 824.80 feet; thence along the centerline of Park Avenue, North
88°45'00" East 637.50 feet to the intersection of the centerline of Park Avenue with the
centerline of Filbert Avenue; thence along the centerline of Filbert Avenue as follows:
South 00°00'00" East 322.00 feet; thence South 48°52'00" East 212.00 feet; thence
leaving the centerline of Filbert Avenue, South 41'08'00" West 20.00 feet to a point on
the southerly right-of-way line of Filbert Avenue, said point being the northwest corner of
Tax Lot #4300 and the POINT OF BEGINNING of this unit of land;
Thence continuing South 41 °08'00" West 60.00 feet to a point on the northerly right-of-
way line of Northwest Expressway, said point being the southwest corner of Tax Lot
#4300;
Thence along the northerly right-of-way line of Northwest Expressway, South 48°52'00"
East 288.00 feet to the southeast comer of Tax Lot #4500;
Thence leaving the northerly right-of-way line of Northwest Expressway, North
41'08'00" East 60.00 feet to a point on the southerly right-of-way line of Filbert Avenue,
said point being the northeast corner of Tax Lot #4500;
Thence along the southerly right-of-way line of Filbert Avenue, North 48°52'00" West
288.00 feet to the point of beginning, all in Lane County, Oregon and containing 17,280
square feet (.39 acres) of land, more or less.
Exhibit C
Planning Director's Findings and Recommendation
Annexation Request for Monkey Hero, LLC
(City File: A 18-3)
Application Submitted: lune 12, 2018
(a) Contiguous to the city limits; or
Applicant: Monkey Hero, LLC
body ofwater.
Property Included in Annexation Rel Tax Lots4300,
4400 and 4500 of Assessor's Map 1]-04-2344
Zoning: R-1 Low Density Residential with /UL Urbanlzable
land Overlay
Location: South side of Filbert Avenue, north of Northwest Expressway
Representative: Kathy Thomas
Lead City Staff: Nicholas Gloello, Ory of Eugene Planning
Division, 541£82-5453
EVALUTATION:
Based on the Information provided by the applicant, the Gy has determined that this request complies
with Eugene Code(EC)Semon 9.7805Annexati0n -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 0lterla are presented below In bald typeface with Include and
conduslonsfollowmg each.
ECELM25(l) The land proposed to be annexed is within the city/ c 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 ofwater.
CompliesFindings:
The annexation area lswlthlnthe Clq/s urban growth boundary(UGB), and is
cnIgnore tothe Cly llmlts, consistent with subsection (a)
IT
NO
TES
EC 9.7825(2) The proposed annexation is consistentwith applicable policies in the Metro Plan and in
aapplicable refinement lane.
Complies
Findings: Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to adhleve efficient use of and urban service
®
E] NO
YES
provisions within the UGB,Inducing the following ponces from the Growth
Management sector (In ltzllctext):
Policy B. Land with In the UGB may be convenadfrom urbanlzable to urban only
through annexation to a city ween It isfou no that:
a. A minim um level of Ary urban facilities an dservlcec can be provided to the
area in an orderly and efficient manner.
b. There will be a logical area and dm e within which to deliver urban servicer
andfacilldec. Conversion of urbanlzable land to urban shall also be
consistent with the Metro Plan. (page 11 CA)
Po11cy10. Annexation to a city through normal processes shall continue to be the
highest priority. (pay ell C 5).
Mon key Hem, uqu 13-5I September 2013 EYE
Monkey Hero, LLC (A 18-3) 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 low density 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. Consistent with the land use designations, the properties are currently zoned R-1
Low -Density Residential with /UL Urbanizable Land Overlay. 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 properties are 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 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 RR/SC UFP 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
There is an 8 -inch public wastewater line to the southeast of the subject properties on
the corner of Cherry Avenue and Filbert Avenue. There is also an 8 -inch public line to the
northwest within Filbert Avenue right-of-way. The neighboring properties to the north
and south of the subject properties are connected to the public system. As an
Monkey Hero, LLC (A 18-3) September 2018 Page 2
informational item, there is an on -hold wastewater assessment for Tax Lot 4500, which
will need to be paid prior to any development on that tax lot.
Stormwater
Public stormwater systems are not available to serve the subject properties. There is an
open waterway on the Northwest Expressway side of the properties that flows to the
northwest. Records show that the soils in this area are mapped as type C. Infiltration
testing may be required at the time of development to demonstrate adequate
percolation rates. The applicant must discharge any stormwater runoff from impervious
surfaces to an approved point of discharge and demonstrate the downstream capacity
for stormwater disposal.
Comments from Lane County Transportation Planning indicate stormwater runoff from
private property must not be directed to the Lane County road right-of-way or into any
Lane County drainage facility, including roadside ditches. Ditches adjacent to County
roads are designed solely to accommodate stormwater runoff generated by the
roadways themselves, per Lane Manual Chapter 15.515.
Transportation
The property abuts the Northwest Expressway to the west, which is an Urban Minor
Arterial under the jurisdiction of Lane County Public Works and maintained by the City of
Eugene. The subject properties front Filbert Avenue, a paved private road which
connects to the Northwest Expressway and River Road (a major arterial) via several
other local roads. Access management and street standards will be evaluated at the
time of future development.
Comments from Lane County Transportation Planning indicate that until annexation of
Northwest Expressway occurs, this roadway is subject to the requirements of Lane Code
Chapter 15 and direct access to the subject properties must be taken from Filbert
Avenue.
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.
Monkey Hero, LLC (A 15-3) September 2018 Page 3
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.
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.
Monkey Hero, LLC (A 18-3) September 2018 Page 4