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HomeMy WebLinkAboutResolution No. 5273AIM— City Recorder June 10, 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: 17-04-11-43 Tax Lot(s): 2500 (Porter, Daniel, and Brenda A18-12) If you need further assistance, please feel free to contact Amy Janisch at 541-682-5699. Sincerely, 6V'a JMtA 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 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: 1-7 0Lj dl Address: � )' .p-il� XX' tib j{' 4 '�t" 0 Legal Description: it In the corporate limits of said city, which is owned by the undersigned DATED this (_/ day oft 20 / 9 . STATE OF OREGON ) I )ss County of LAvj)L ) On this 2 day of 1)%!Z��J4 ,1' , 20 ,before me, the undersigned, a notary public in and for the said county and state, personally appeared the within -named, who is known to me to be the identical individual described herein and who executed the same freely and voluntarily. Seal: IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above Kc f ritten. *MY OFFICIAL STAMPJAMIE M RAVAGNINOTARY PUBLIC - OREGON1j",/ 4 'd 4 ubCOMMISSION NO. 976753 ' aPor Oregon COMMISSION EXPIRES AUGUST 07, 2022 (j �, 2- 7 My Commission Expires �i Cs June 10, 2019, Meeting - Item 4C COUNCH, RESOLUTION NO. 5273 RESOLUTION ANNEXING LAND TO TILE CITY OF EUGENE (ASSESSOR'S MAP 17 04 11-43, TAX LOT 2500 LOCATED AT 320 SANTA CLARA AVENUE). PASSED: 8:0 R ECTED: OPPOSED: ABSENT: CONSIDERED: June 10, 2019 0 RESOLUTION NO. 5273 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-11-43, TAX LOT 2500 LOCATED AT 320 SANTA CLARA AVENUE). The City Council of the City of Eugene finds that: A. An annexation application was submitted on December 26, 2018, by Daniel and Brenda Porter in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-11-43, Tax Lot 2500, 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 May 10, 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 Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on June 10, 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 17-04-11-43, Tax Lot 2500 which is 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 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-1 Low -Density Residential shall become effective in accordance with State law. The foregoing Resolution adopted the 101" day of June, 2019. JALL " u c 413e'r� q)Rf� City Recorder Resolution - Page 2 of 2 . ■ M PLAN FORE► t ; /. DAN PORTER EUGEIVE, 201 SCAM.- 1® 3® 17. SANTA CZARA AVENUE ------ ------------ ---- ------- � mT m#w oF 7 mwPWOFISXM cvrr LIAM LFA HM A001I W »Fsr 7108 10.1 , HOYX /320 A) 3 C PARaz m umn AWCM 70 7W w OF MME, srm ARv ,I 791" 1 Vwy innsiECtt PROFESSIONAL SURY—EYOR IRM RD, SWA CLAM AVE 4i GON toll11E Ra. 1 3r �F�_' ICK J. En(STAD CO. WCVM YIP Pa BOX 250! (ss15OR 97402 J34I-3911 MAP NO. 17 04 It 43 TAX LOT 2500 R 3339 YAC-MRDWG *A01:1kd LEGAL DESCRIPTION FOR THE ANNEXATION OF THE PORTER PROPERTY TO THE CITY OF EUGENE SE 1/4 S. 11, T. 18 S., R. 4 W., W. M. ASSESSOR'S MAP NO. 17 04 1143 TAX LOT #2500 4 April 2019 Beginning at a point on the south right-of-way line of Santa Clara Avenue, 160.0 feet West of the initial point of "SILVER LEA THIRD ADDITION", as platted and recorded in Book 43, Page 7, Lane County Oregon Plat Records, Lane County, Oregon, said point also being 30.0 feet Southerly, when measured at right angles, from the centerline of said Santa Clara Avenue, and running thence along said south right-of- way line, West 76.08 feet to a point; thence leaving said right-of-way line, South 120.0 feet to a point; thence East 76.64 feet to a point; thence North 0°16' West 120.0 feet to the Point of Beginning, being all in Lane County, Oregon. 0,R4GON LLIAM J. EIMSTA-D EXHIBIT C Planning Director's Findings and Recommendation Annexation Request for Porter, Daniel and Brenda (City File: A 18-12) Application Submitted: December 26, 2018 Applicant: Porter, Daniel and Brenda Priest Included in Annexation Request: Tax Lot 2500 of Assessor's Map SI -0Q-1143 Zoning a-1 LowDensityResidential with /Uwrbamxable land overlay Location :320Santa Dara Avenue; at the southwest corner of Santa Cara Avenue and Lenore Drive Representative: Daniel Porter Lead City Staff: Rodney Bonner, City 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 (EC) Semon 9.7805 Annexation -Applicability. As such, It is subject to review and approval in accordancewith the requirements, application criteria and procedures of SAD 7800through 97835. The applicable approval criteria are presented below In bold typeface with findings and anclusonsfollowing 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 lim its; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. Com plies : The an nexab on area is w it nthaP's urban growth be un dary LUGS), an d is Find ingty ontlguoustotheCtyllmlts, consistent with subsection (a) ITNO 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 compact urban growth to achieve efficient use of land and urban service ® ❑NOa YES provisions within the JGB,Indudingthe following policies from the Growth Management section (In Itahctext)'. Policy B. Land within the UGB may he convertedfrom urhanlzahle 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. a and h to 6. There ndfico nes Coglmloreofurbamable land to urban shall also berervlcer 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 normalpmcosesshall continue to he the highest prlodty. (page if C 5) Goner, Daniel and Brenda A13 12) may 2019 Pagel Porter, Daniel and Brenda (A 18-12) May 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 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 properties and it also designates the area for low-density residential development. 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. It is noted that prior to development consistent with the plan designation. 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 Public wastewater is available within Santa Clara Avenue, via an 8 -inch PVC pipe. The existing residence is not currently connected per the City sewer connection records. However, homes to the east and west have connections to the line within Santa Clara Avenue. The lien docket indicates there are no "on -hold" assessments currently due. Porter, Daniel and Brenda (A 18-12) May 2019 Page 2 Stormwater Public stormwater systems are not immediately available to serve this property. The nearest public system is near the intersection of Lenore Drive and Lenore Loop, to the southeast of 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. Transportation The property sits on the corner of Santa Clara Avenue and Lenore Drive, both of which are paved local streets owned by the City of Eugene. Lenore Drive has sidewalks, curb and gutter, and street lights on the west side whereas Santa Clara Avenue is paved only but is lacking in curb and gutter, street trees or street lights. Compliance with applicable street standards will be ensured at the time of 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 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. 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. Porter, Daniel and Brenda (A 15-12) May 2019 Page 3