HomeMy WebLinkAboutResolution No. 5261AIM -
City Recorder
March 11, 2019
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: 17-04-24-32
Tax Lot(s): 3300
(Morrow -Thomas, A18-11)
If you need further assistance, please feel free to contact Amy Janisch at 541-682-5699.
Sincerely,
b.a J"'t
Beth Forrest
City Recorder
City of Eugene • 125 E. 8th Ave., 2nd Floor • Eugene, OR 97401 • 541-682-5042 • 541-682-5414 Fax
www.eugene-or.gov
a
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: 17-04-24-32 TL 3300
Legal Description:
Address: 503 Sunnyside Dr., Eugene 97404
Beginning at a point 3830.4 feet East of the Southwest corner of the Benjamin Davis Donation Land
Claim No. 45, Notification No. 2244, in Township 17 South, Range 4 West of the Willamette Meridian;
thence West 90 feet; thence North 202.7 feet; thence East 90 feet; and thence South 202.9 feet to the
place of Beginning, in Lane County, Oregon.
In the corporate limits of said city, which is owned by the undersigned
DATED this G- day of N' v" h zS , 20_L�%.
141 . ?1'L_
Randall McClay Morrow
Denise Tho as
STATE OF OREGON )
)ss
County of L ^ r )
On this C� day of _No v �„ h 20 \ � before me, the undersigned, a
notary public in and for the said county and state, personally appeared the within -named,
Randall McClay Morrow and Denise Thomas
who is known to me to be the identical individual described herein and who executed the same
freely and voluntarily.
Seal:
�� x:• OFFICIAL STAMP
STEPHANIE O YOUNG
\•%' NOTARY PUBLIC -OREGON
ISS
MY COMMISSION E PIRES SEPCOMMISSION NO 943227
TEMBER 27, 2019
IN TESTIMONY WHEREOF, I have hereunto set
my hand and seal the day and year last above
written.
Notary P blic for Oregon
My Commission Expires `�z r> t J `7I �2 c)l j
T
COUNCIL RESOLUTION NO. 5261
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17 04 20.32, TAX LOT 3300 LOCATED AT 503
SUNNYSIDE DRIVE) AND A PORTION OF RIGHT-OF-WAY
(SUNNY SIDE DRIVE ADJACENT TO THE PROPERTY).
PASSED: 5
REJECTED:
OPPOSED:
ABSENT: Evans, Syrett, Taylor
CONSIDERED: March 11, 2019
EFFECTIVE DATE: March 11, 2019
qw
RESOLUTION NO. 5261
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-24-32, TAX LOT 3300 LOCATED AT 503
SUNNYSIDE DRIVE) AND A PORTION OF RIGHT-OF-WAY
(SUNNYSIDE DRIVE ADJACENT TO THE PROPERTY).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on December 21, 2018, by Randall
McClay Morrow and Denise Thomas in accordance with the provisions of Section 9.7810 of the
Eugene Code, 1971, ("EC") to annex to the City of Eugene property identified as Assessor's Map
17-04-24-32, Tax Lot 3300, and the approximately 7,368 square foot portion of the Sunnyside
Drive right-of-way that is adjacent to the subject property.
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 January 25, 2019, a notice containing the street address, the assessor's map and
tax lot number for the property, 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 February 25, 2019.
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 which are attached as Exhibit C and are adopted in support of this Resolution, it
is ordered that the land identified as Assessor's Map 17-04-24-32, Tax Lot 3300, and the
approximately 7,368 square foot portion of the Sunnyside Drive right-of-way that is adjacent to
Resolution - Page 1 of 2
the subject property, which are 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 the automatic rezoning of the land pursuant to EC 9.7820(3) from R-1 Low -
Density Residential with /UL Urbanizable Land Overlay to R -I Low -Density Residential shall
become effective in accordance with State law.
The foregoing Resolution adopted the I IIn day of March, 2019.
I_aain a�tll.a a
Z_)"tif,City Recorder
Resolution - Page 2 of 2
Exhibit C
Planning Director's Findings and Recommendation
Annexation Request for Morrow/Thomas
(City File: A 18-11)
Application Submitted: December 21, 2010
Applicant: Randall Morrow and Denise Thomas
Property Included in Annexation Request: Tax Lot 3300 of Assessor's Map 1I -0Q-2432 and portion of
Sunnyside Drive
Zoning R-1 LowDensityResidential with Nwmamxable Land Overlay
Location: 503 Sunnyside Drive north side of Sunnyside Drive and west of River Road
Representative: Lloyd Tolbert, LS, Tolbert Associates
Lead Citi Rodney Bonner, aty of Eugene Planning Division, 541 682 5 437
EVALUL4TION'.
Based on the Information provided by the applicant, the Oty has determined that this request complies
with Eugene Code LEA) Section 9.7805 Annexation Applicability As such, it ssublect to review and
approval in accordance with the requirements, application criteria and procedures Of SAP7800through
97835. The applicable approval criteria are presented below In bold typeface with findings and
conclusions following each.
EC9.7829(1) The land proposedto be annexed is within the ritys urban growth boundary and is:
(a) Contiguous to the ritylimits; or
(b) Separated from the city only by a public right of way or a stream, bay, lake or other
body of water.
Complies
Finding: The an nexab on area is w tthl n th e At Ps urban go wth b on ndary(U GB), and is
ontlguoustothe Otylimits, consistent with subsection (a)
❑NO
YES
EC 9.7825(2) Theproposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinem erre plans.
Complies
Finding: Several policies from the Metro Plan provide support for this annexation by
uging m pact urban growth to achieve efficient use of land and urban service
a
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 a found that
a. A minimum level turkey urban facilities and services can he provided to the
area in an orderly and efficient manner.
6. There he area and tlmewhhlnwhich urban services
ndficowill
conversion tPa urban shall
Conical version land m urban shall tut 6e
be
cnnsiste
n (pagblee
romrArtent with the Metro Plast (page II{ -0)
t with if
Policy 10 Annexation to a city through normal processes shall continue to he the
highest prlodty. (page if C5).
morro.vil iA 18-1p January 2019 Bagel
Morrow/Thomas (A 18-11) January 2019 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 property to be annexed 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 property and also designates the area for
residential uses. Consistent with the land use designations, the property is 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 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 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
Public wastewater is available within Sunnyside Drive, via an 8 -inch PVC pipe. The
existing residence is currently connected per the City sewer connection records (1-25-
Morrow/Thomas (A 18-11) January 2019 Page 2
1993). The lien docket indicates there are no on -hold assessments currently due.
Stormwater
The nearest public system is near the intersection of Sunnyside with River Rd.,
approximately 1,000 feet east of the subject property. Soils appear to be type "C"
indicating poor infiltration rates. Future development proposals must demonstrate
consistency with flood control standards; on-site retention may be an acceptable option,
if on-site infiltration rates and design calculations are provided to demonstrate
feasibility.
Staff note that 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 Sunnyside Drive, a Lane County Urban Local road; which connects to
River Road (a major arterial). Access management and street standards will be evaluated
at the time of future development.
Comments from Lane County Public Works staff support the inclusion of the adjacent
portion of Sunnyside Drive as part of the annexation request in order to help facilitate
the possibility of transferring Sunnyside Drive to the City of Eugene if and when that
transfer is desired.
Sunnyside Drive's functional classification as an Urban Local road enables Lane County to
defer to the City of Eugene's access management requirements and design requirements
for the road (Lane Code 15.137(6), 15.138(2), and 15.704(1)(d)). Lane County Public
Works may provide additional review, if and when the property becomes divided and/or
redeveloped in the future.
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 Eugene Springfield Fire.
Emergency medical services are currently provided on a regional basis by the cities of
Eugene and Springfield and will continue in the same manner upon annexation.
Morrow/Thomas (A 18-11) January 2019 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.
Morrow/Thomas (A 18-11) January 2019 Page 4
Exhibit B
LEGAL DESCRIPTION
FOR THE ANNEXATION OF
THE RANDALL MORROW & DENISE THOMAS PROPERTY
TO THE CITY OF EUGENE
ASSESSOR'S MAP NO. 17-04-24-32, TAX LOT 3300
December 7, 2018
Beginning at a point 3830.40 feet EAST and 20.00 NORTH of the Southwest corner of
the Benjamin Davis Donation Land Claim No. 45, Notification No. 2244 in Township 17
South, Range 4 West of the Willamette Meridian; thence WEST 90.00 feet; thence
NORTH 183.00 feet; thence North 89°58'48° E 90.00 feet; thence SOUTH 183.03 feet
to the place of beginning, all in Lane County, Oregon.
Containing 16,471, more or less
Also: That certain tract of land contained within the Sunnyside Drive right-of-way being
more particularly described as:
Beginning at a point 3830.40 feet EAST of the Southwest corner of the Benjamin Davis
Donation Land Claim No. 45, Notification No. 2244 in Township 17 South, Range 4
West of the Willamette Meridian; thence SOUTH 20.00 feet; thence WEST 184.20 feet;
thence NORTH 40.00 feet; thence EAST 184.20 feet; thence SOUTH 20.00 feet to the
place of beginning, all in Lane County, Oregon.
Containing 7,368, more or less
30. t NY
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