HomeMy WebLinkAboutResolution No. 5263AIM -
City Recorder
April 8, 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: 17-04-11-22
Tax Lot(s): 320
(Osuna, Morgan, and Hannah, A19-1)
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
AM Osuna, Morgan and Hannah (A 19-1) Attach mentA
Map/Tax Lot 17 -04 -ii -22 0032o and a portion of Blackfoot Avenue
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subject Property Caution: This map is based on
imprecise source data, subject to
Eugene City Limits change, and for general reference only.
Taxlots
Created on 3/19/2019
by City of Eugene Planning Division
18,200 25
sol 2C NORTH
Consent is hereby given to the annexation by the City of Eugene, Oregon of the
following described real property:
Mapanc1TaxLot:17-Qq-/1-,22- 7-,L3;LO Address: 7-8 0 - - VOL c- 14 _/_
Legal Description: J_o5, F1R5rADbj7-10A1 70 fil_Y/Vb/9"1-e PL -6T 1rHc-1
anct r-ecov-de-d '1"'? Book- /Vo' 10,x5e 3/ 14ne couo�y P104Rezov-dsl
Jam I -&;I e (,V 444 11 t 0 rej 0 " , S ee- 14 MX CA I'M en74 " "
In the corporate limits of said city, which is owned by the undersigned
DATED this 3 4 day of TOL n 'A -t tr-11 20
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,L4 o e -q ow,, T iA
STATE OF OREGON )
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County of 'h&�
On this 3 day of "0 201 before me, the undersigned, a
notary public in and for the said ounty and state, personably appeared the within -named,
M r. OS VxIA
who is known to me entical individual described herein and who executed the same
freely and voluntarily.
Seal: IN TESTIMONY' HEREOF, I have hereunto set
my hand and seal the day and year last above
out
OFFICIAL STAMP
KAREN LOUISE MCDONALD written.
NOTARY PUBLIC -OREGON
COMMISSION No, 955282 -rv'
W COWISSION EXPIRES OGT08tR
Notary Public for Oregon
My Commission Expires
April 8, 2019, Meeting - Item 2C
COUNCIL RESOLUTION NO. 5263
RE SOLUTION ANNEXING LAND (ASSESSOR'S MAP 17 04 11-22, TAX
LOT 320, LOCATED SOUTH OF BLACKFOOT AVENUE, WEST OF
CROCKER ROAD) AND A PORTION OF BLACKFOOT AVENUE
RIGHT-OF-WAY TO THE CITY OF EUGENE.
PASSED: 8
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: AprO 8, 2019
EFFECTIVE DATE: Apr08,2019
RESOLUTION NO. 5263
RESOLUTION ANNEXING LAND (ASSESSOR'S MAP 17-04-11-22, TAX
LOT 320, LOCATED SOUTH OF BLACKFOOT AVENUE, WEST OF
CROCKER ROAD) AND A PORTION OF BLACKFOOT AVENUE
RIGHT-OF-WAY TO THE CITY OF EUGENE.
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on January 16, 2019, by Morgan Osuna,
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 17-04-11-22, Tax Lot 320, and a
portion of the Blackfoot Avenue right-of-way adjacent to the subject property and extending to,
but not including, the intersection of Blackfoot Avenue and Crocker Road.
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 March 8, 2019, a notice containing a geographical reference to the property, 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
Santa Clara Community Organization. The notice advised that the City Council would consider
the Planning Director's full recommendation on the proposed annexation on April 8, 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 17-04-11-22, Tax Lot 320, and the portion of
the Blackfoot Avenue right-of-way adjacent to the subject property and extending to, but not
including, the intersection of Blackfoot Avenue and Crocker Road, which are depicted on the map
Resolution - Page 1 of 2
attached as Exhibit A, and more particularly described in the attached Exhibit B, are 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 -I Low -
Density Residential with /UL Urbanizable Land and /WR Water Resources Conservation
Overlays, to R-1 Low -Density Residential with /WR Water Resources Conservation Overlay shall
become effective in accordance with State law.
The foregoing Resolution adopted the 8"' day of April, 2019.
1 yhyl t:3
U City Recorder
Resolution - Page 2 of 2
LEGEND
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EXISTING
CITY LIMITS
THIS MAP DOES NOT CONSTITUTE
A BOUNDARY SURVEY.
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CITY LIMITS
Exhibit A
S 00012' 00" E
60.00'
POINT OF
BEGINNING
8 40 0
SCALE: 1 INCH = 80 FEET
REGISTERED
PROFESSIONAL
LAND SURVEYOP
OREGON
JULY 15, 2003
KENT BAKER
#59885
RENEWS: 12-31-2019
ALYNDALE DR
Fn
VICINITY MAP (NOT TO SCALE)
SITE PLAN FOR PROPOSED ANNEXA TION OF
TAX LOT ,320 LANE COUNTY ASSESSOR'S
MAP 17-04-11-22
A unit of land being situated in the Northwest 1/4 Section 11, Township 17 South,
Range 4 West of the Willamette Meridian, said unit of land being Lot 25, FIRST
ADDITION TO ALYNDALE PLAT, as platted and recorded in Book 40, Page 3, Lane
County Plat Records, in Lane County, Oregon and a portion of Blackfoot Avenue, and
said unit of land being more particularly described as follows:
Beginning at the northeast corner of Lot 24, FIRST ADDITION TO ALIS ®ALE PLAT,
said northeast corner being the intersection of the southerly right-of-way line of
Blackfoot Avenue with the westerly right-of-way line of Crocker Road;
Thence along the southerly right-of-way line of Blackfoot Avenue, North 89056'00" West
135.00 feet to the northeast corner of Lot 25, FIRST ADDITION TO ALYNDALE PLAT;
Thence along the easterly boundary of said Lot 25, South 05'46'52" East 127.77 feet to
the southeast corner of said Lot 25;
Thence along the southerly boundary of said Lot 25, North 89'56'00" West 132.43 feet
to the southwest corner of said Lot 25;
Thence along the westerly boundary of said Lot 25, North 00'12'00" West 127.11 feet to
the northwest corner of said Lot 25;
Thence North 00'04'00" West 60.00 feet to the northerly right-of-way line of Blackfoot
Avenue;
Thence along the northerly right-of-way line of Blackfoot Avenue, South 89'56'00" East
254.72 feet to the intersection of the northerly right-of-way line of Blackfoot Avenue with
the westerly right-of-way line of Crocker Road;
Thence South 00012'00" East 60.00 feet to the point of beginning, all in Lane County,
Oregon and containing 31,334 square feet (72 acres) of land, more or less.
I W11 ]z 111161111 SIVI 4XV.,
OREGON
JULY 15, 2003
KENT BAKER
#59885
RENEWS: 12-31-201'9
Exhibit C
Planning Director's Findings and Recommendation
Annexation Request for Osu as Morgan and Hannah
(City File: A 19-1)
Application Submitted: January 16, 2019
Applicant: Osuna, Morgan and Hannah
Property Included in Annexation Request: Tax Lot003d0 of Assessor's Map 17 0411-22and a portion of
BlackfootAvenue
Zoning: R-1 Low Density Residential wltla /WR Water Resources Conservation Overlay and /UL Urbanlzable
Land Overlay
Location: Blackfoot Avenue west of Crocker Road
Representative: Morgan and Hannah Osuna
Lead City Staff: Nicholas Gloellq City of Eugene Planning Division, 541682-5453
EVALULATION:
Bared on the Information provided by the applicant the City has determined Ihatthls request Complies
with Eugene Code (EC) Section 9.7805 Annexatlon -Applicability. As such, His subject to revlewand
approval In accordance with the requirements, appllca fon criteria and procedures of EC 9.7800 through
9.7835. The applicable approval Mterla are presented below In bold typeface wlth 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 unites
Complies
Findings: The annexatlon area lswlthln the City's urbangrowth boundary (URGE), and is
contiguous to the City limits Consistent with subsection (a). As shown In the application
NO
YES
materials and Confirmed by City staff, the City limits are Contiguous with the subject area
of land given the Inclusion of BlackfootAvenue public rlghtof way from the subject area
of land to Crocker Road.
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 Metro Plan provide support for this annexation by
encou aging compact urban growth to achieve efficient use of land and a rban service
NO
YES
provisions within the U6B, Ind a dhg the fol l owing poll des from the 6Yowth
Management section (In Italic text):
PollryB. fund within th e UGB may be convertedfrom urbanlzable to urban only
through annexation to a city when It Isfound that
a. A minimum level of key urbanfacipties and services can be provided to the
area In an ordedyand efficient manner.
b. There will bealoglml area and time within which mdellver urban services
andfacllltles. Conversion of urbanlzable land to urban sh A drop be
consistent with the Metro Oct. (page 11{d)
osuoa, Mogan and Hannan iA 1921 Macon 2015 Paid
Exhibit C
Osuna, Morgan and Hannah (A 19-1) March 2019 Page 2
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page 11-C-5).
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 designates the area for residential
uses. The property is zoned R-1 Low -Density Residential with /WR Water Resources
Conservation and /UL Urbanizable Land overlays. The /UL overlay will be automatically
removed from the property following annexation approval.
With regard to applicable policies of the RR/SC UFP, 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:
Osuna, Morgan and Hannah (A 19-1) March 2019 Page 2
Wastewater
There is an 8 -inch public wastewater line within Blackfoot Avenue that the applicant can
connect to. As an informational item, there is a waste water assessment for this tax lot
which will need to be paid prior to any additional development on this tax lot.
Stormwater
The nearest public stormwater system is within Blackfoot Avenue, which is a Lane
County Road. The subject parcel is on the Goal 5 inventory and there is an open channel
(Spring Creek) that runs directly through this vacant property which has an easement
and protected setback for the riparian area of 20 feet and a protected setback of 25 feet
for the wetlands. Soils appear to be type "C" indicating poor infiltration rates. Future
development proposals must demonstrate consistency with flood control standards. The
use of the existing stormwater system for run off associated with future development
will need to be verified with Lane County Public Works.
Transportation
The property is located on Blackfoot Avenue, west of Crocker Road, which are both
paved streets identified as neighborhood collectors owned by Lane County and
maintained by Lane County Public Works. Blackfoot Avenue has curb and gutters, and
street lights but is lacking sidewalks and street trees. Compliance with applicable street
standards will be ensured at the time of development. City of Eugene Public Works
confirms support for annexation of the portion of Blackfoot Avenue from the property to
Crocker Road.
Comments from Lane County Transportation Planning indicate no concerns with the
proposed annexation request and support for the inclusion of the adjacent portion of
Blackfoot Avenue as part of the annexation request to help facilitate the possibility of
transferring Blackfoot Avenue to the City of Eugene. Any redevelopment or new
development of the property must demonstrate compliance with the requirements of
Lane Code Chapter 15. A review for compliance with Lane County road requirements will
apply at the time the property is 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 Eugene Springfield Fire.
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
Osuna, Morgan and Hannah (A 19-1) March 2019 Page 3
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.
Public Schools
The subject property is within Eugene School District 4.1 and is within the district
boundary of Spring Creek Elementary School, Madison 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 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.
Osuna, Morgan and Hannah (A 19-1) March 2019 Page 4