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Home My WebLink AboutResolution No. 5249COUNCIL RESOLUTION NO. 5249 APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-11-13, TAX LOT 1400 -LOCATED AT 183 FERNDALE DRIVE. PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: November 13, 2018 EFFECTIVE DATE: November 13, 2018 RESOLUTION NO. 5249 APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-11-13, TAX LOT 1400—LOCATED AT 183 FERNDALE DRIVE. The City Council of the City of Eugene finds that: A. An annexation application was submitted on August 8, 2018, by Anne McGinley, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-11-13, Tax Lot 1400, 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 October 12, 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 Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on November 13. 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 17-04-11-13, Tax Lot 1400, 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 /UL Resolution - Page 1 of 2 Urbanizable Land 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 1311 day of November, 2018. _11C Recorder Resolution - Page 2 of 2 CITY C 0 U N T Y TAX LOT 4000 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 1 1 9 2000 MICHAEL R. DAHRENS 60052 Exhibit A 9 11 oil 11+0 vy CD n 86,75" C) TAX LOT 1901 FERNDALE DRIVE SITE PLAN FOR: BRIAN &ANNE MCGINLEY ANNEXATION NE 1/4 SECTION 11, T17S, R4W, W.M. ASSESSOR'S MAP 17-04-11-13, TAX LOT 1400 EUGENE, LANE COUNTY, OREGON JOB NO. 18-7557-76 SEPTEMBER 10, 2018 CITY C I TY "M Mal Will w Iz COUNTY TAX LOT 1903 0t 144-11 LEGEND CITY Ml El 1111111111 111 CITY LIMITS LINE C 0 U N T Y AFFECTED TERRITORY TO BE ANNEXED AREA = 0.24 ACRES NOTES 1. NO PUBLIC RIGHT OF WAYS ARE INCLUDED IN THE AFFECTED TERRITORY TO BE ANNEXED. 2. THE NEAREST SEGMENT OF THE URBAN GROWTH BOUNDARY (UGB) IS LOCATED APPROXIMATELY 0.7 MILES EAST OF THE SUBJECT PROPERTY. 3. BOUNDARY DATA SHOWN HEREON IS PER CHAPEL PLAT, AS PLATTED AND RECORDED IN BOOK 269 PAGE 17, LANE COUNTY OREGON PLAT RECORDS. BLACKFOOT AVE. I TERRA LINDA o KNIGHT z0 AVE. af u uj y _IVOLI ST. cy- z < z JB AVE. BLAZER 0 :2 NORTH — _j LOBELIA AVE. EDGEWOOD DR. V) < CHAPEL C) c� 6 0 Of I uj K DR. FERNDALE RIVER LP. 1 DIBBIEE LN __j < c) m GREENFIELD AVE. DR.j 0 c) z uj >_ y 0 _j (-) (1: 3: Ile < 0 >- SITE LLJ V) 0 _j V) ir Of F_ V) :2 < F- LLJ Ld V) z z MF _j _1'�; _j MYOA BANTON AVE. V) Q < DR. < w LOY AVE. __j ��j AKDR. m - Li a < <_j < ui < cr_ FEDERAL LN. AZALEA DR. _j cr v) <Li Cl U- IRVING RD. HUNSAKER I LN. VICINITY MAP NOT TO -SCALE LA SUSAN ST TAX N TAX TAX LOT LOT LOT 1100 LOT 4 1300 LOT 3 1200 LOT 2 30' ....... . s 89*489 E EXISTING 6.0 UTILITY EASEMENT a PER CHAPEL PLAT .*.TAX LOT - ... . • 400 uj TAX LOT TAX LOT n 1500 1600 00 0c) *0 EXISTING G DWELLING - 00 0 * * *• 163 FLRNQ*ALE* DR'. .* 0 N Z c/) L.OT. 5.'.'. J'loo'm LOT 6 LOT 7 C 0 U N T Y womm.", - - �;"Z --- - - -.-- . w I" w 9 11 oil 11+0 vy CD n 86,75" C) TAX LOT 1901 FERNDALE DRIVE SITE PLAN FOR: BRIAN &ANNE MCGINLEY ANNEXATION NE 1/4 SECTION 11, T17S, R4W, W.M. ASSESSOR'S MAP 17-04-11-13, TAX LOT 1400 EUGENE, LANE COUNTY, OREGON JOB NO. 18-7557-76 SEPTEMBER 10, 2018 CITY C I TY "M Mal Will w Iz COUNTY TAX LOT 1903 0t 144-11 LEGEND CITY Ml El 1111111111 111 CITY LIMITS LINE C 0 U N T Y AFFECTED TERRITORY TO BE ANNEXED AREA = 0.24 ACRES NOTES 1. NO PUBLIC RIGHT OF WAYS ARE INCLUDED IN THE AFFECTED TERRITORY TO BE ANNEXED. 2. THE NEAREST SEGMENT OF THE URBAN GROWTH BOUNDARY (UGB) IS LOCATED APPROXIMATELY 0.7 MILES EAST OF THE SUBJECT PROPERTY. 3. BOUNDARY DATA SHOWN HEREON IS PER CHAPEL PLAT, AS PLATTED AND RECORDED IN BOOK 269 PAGE 17, LANE COUNTY OREGON PLAT RECORDS. BLACKFOOT AVE. I TERRA LINDA o KNIGHT z0 AVE. af u uj y _IVOLI ST. cy- z < z JB AVE. BLAZER 0 :2 NORTH — _j LOBELIA AVE. EDGEWOOD DR. V) < CHAPEL C) c� 6 0 Of I uj K DR. FERNDALE RIVER LP. 1 DIBBIEE LN __j < c) m GREENFIELD AVE. DR.j 0 c) z uj >_ y 0 _j (-) (1: 3: Ile < 0 >- SITE LLJ V) 0 _j V) ir Of F_ V) :2 < F- LLJ Ld V) z z MF _j _1'�; _j MYOA BANTON AVE. V) Q < DR. < w LOY AVE. __j ��j AKDR. m - Li a < <_j < ui < cr_ FEDERAL LN. AZALEA DR. _j cr v) <Li Cl U- IRVING RD. HUNSAKER I LN. VICINITY MAP NOT TO -SCALE LA SUSAN ST Exhibit B Legal Description for the Annexation of the McGinley Property to the City of Eugene NE 1/4 of SECTION 11, T175, R4W, W.M. Lane County Assessor's Map 17-04-11-13, Tax Lot 1400 Lot 5 Block 2, CHAPEL PLAT, as platted and recorded in Book 26 Page 17, Lane County Oregon Plat Records, in Lane County, Oregon. Containing 0.24 acres, more or less. OF3EGON 600152 RENEWAL, TE: f �� Exhibit C Planning Director's Findings and Recommendation Annexation Request for McGinley (City File: A 18-5) Application Submitted: August 8, 2018 Applicant Anne McGinley Pruest Included in Annexation Request: Tax Lot 5000 of Assessor's Map SI -0Q-11-13 Zoning: R-1 Location: 183 Ferndale Drive Eugene, OR 97404 Representative: Anne McGinley, 541520-0725 Lead City Staff: Dan Lawler, City of Eugene Planning Division, 541-68252 82 EVALUL4TION'. Based on the Information provided by the applicant, the OFF, has determined that this request complies with Eugene Code (ECJ Semon 9.7805 Annexation -Applicability. As such, It Issublect to review and approval in accordancewith the requirements, application criteria and procedures of SAP 7800through 97835. The applicable approval criteria are presented below In bold typeface with findings and anclustonsfollowing each. EC 9.7825(1) The land proposed to be annexed is within the city, urban growth boundary and is: (a) Contiguous to the city Him its; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. Compile s Find!ng:Tbe property is entirely within the City's U6B. The areaof annexation is ontlguoustotheCtty limits along Ferndale Drive, consistent with subsection (a). The NO YES I annexation areaanotsepaatedfmm the OFF, llmltsby anyfeatures. EC 9.7825(2) Theproposed annexation is consistent with applicable policies in the Metro Plan and in anapplicable refinem erre plans. Complies Finding: Several policies from the Metro Plan provide support for this annexation by uging compact urban growth to achieve efficient use of land and urban service ❑NOa YES provisions within the U6B,Indudingthe following policies from the Growth Management section (In Itahctext)'. Policy B. Land within the UGB may he convertedfrom urhanhahle to urban only through annexation to a city when It s found that a. A minimum level turkey urban facilities and services can he provided to the area in an orderly and efficient manner. a and time h to 6. There ndfico nes Coglmloreofurbasable llnd to urban shall also berervlrer conversion tP an me land m urban shall arlt 6e cnnsiste romrArtent whh the Metro Plan (page II{ l) t with (page Policy 10 Annexation to a city through normalpmcesesshall continue to he the highest prlodty. (page if C5). mceimq IA 18 5) Prober ol8 Bagel McGinley (A 18-5) October 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) is the adopted refinement plan for the subject property and also designates the area for low-density residential use. The property is currently zoned R-1 Low -Density Residential and /UL Urbanizable Land Overlay. The /UL overlay will be automatically removed from the zoning following annexation approval. The subject property is not located within a special subarea of the RR -SC. The proposed annexation advances Residential Land Use Policy 1 of the RR -SC, which encourages land uses that recognize and maintain "the predominately low-density residential character of the area consistent with the Metro Plan." In addition, the proposed annexation does not appear to conflict with any other residential land use policies of the RR -SC. 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 4 -inch wastewater line is stubbed to the subject property via the 8 -inch mainline in Cindy Street. There are no on -hold wastewater assessments on this tax lot. McGinley (A 18-5) October 2018 Page 2 Stormwater Public stormwater systems are not available to serve this property. Records show that the soils are mapped Type C. 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 Ferndale Drive, a local street, which connects to River Road, a major arterial. River Road is fully developed with sidewalks, curbs, gutter, and street trees, but Ferndale Drive is not improved to City standards. Access management and street standards will be evaluated at the time of future development. 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. Communications A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. McGinley (A 15-5) October 2018 Page 3 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. 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. McGinley (A 18-5) October 2018 Page 4