HomeMy WebLinkAboutResolution No. 5276AIM—
City Recorder
September 9, 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: 17-04-02-42
Tax Lot(s): 402
(Therrell, Mathew A19-2)
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
AM Therrell, Mathew (A19-2)
Map/Tax Lot 17-04-02-42-00402
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Created on 8/20/2019
by City of Eugene Planning Division
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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: 17-04-02-42-00402
Address: 187 Swain Lane
Legal Description:
Lot 4, Block 1, ELDON PARK, as platted and recorded in Book 48, Page 20, Lane County Oregon Plat
Records, in Lane County, Oregon.
In the corporate limits of said city, which is owned by the undersigned
DATED this day of JUUa6= 12019
'A'Vt�' �&4
STATE OF OREGON )
)ss
County of )
On this ZQ ( day of 1- _Lr\Lxc-- 20 f� , before me, the undersigned, a
notary public in and for the said county and s ate, personally appeared the within -named,
k I 7 -V1 -e ar v ---e_ 1-1
who is known to me to be the identical individual described herein and who executed the same
freely and voluntarily.
Seal:
OFFICIAL STAMP
TANYA DIANNE MCMURRIAN
NOTARY PUBLIC -OREGON
COMMISSON NO. 936867
MY COMMISSION EXPIRES MARCH 02, 2019
-------------
IN TESTIMONY WHEREOF, I have hereunto set
my hand and seal the day and year last above
written.
d04U/,/A_`�
Notary l4ublic for Oregon,/�/� 2 (�
My Commission Expires f I I(,Lr it �r ��l `I
COUNCH, RESOLUTION NO. 5276
RESOLUTION ANNEXING LAND TO TILE CITY OF EUGENE
(ASSESSOR'S MAP 17 040242, TAX LOT 402, LOCATED 187 SWAIN
LANE).
PASSED: 8:0
R ECTED:
OPPOSED:
ABSENT:
CONSIDERED: Septembu9,2019
RESOLUTION NO. 5276
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-02-42, TAX LOT 402, LOCATED 187 SWAIN
LANE).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on March 15, 2019, by Matthew Therrell
in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex
property identified as Assessor's Map 17-04-02-42, Tax Lot 402, 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 August 9, 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
properties located 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 September 9, 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 17-04-02-42, Tax Lot 402, 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.
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 AG
Resolution - Page 1 of 2
Agricultural with /UL Urbanizable Land Overlay to AG Agricultural shall become effective in
accordance with State law.
The foregoing Resolution adopted the 9`h day of September, 2019.
Znp�ity Recorder
Resolution - Page 2 of 2
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*AV I I 1 1.112 1.1
Lot 4, Block 1, ELDON PARK, as platted and recorded in Book 48, Page 20, Lane County Oregon Plat
Records, inLane County, Oregon.
Exhibit
Planning Directors Findings and Recommendation
Annexation Request for Therrell, Matthew
(City File: A 19-2)
Application Submitted: Mardi 15, 2019
Applicant: Matthew Therrell
Property Included in Annexation Re ues: Tax Lot 00402 of Assessors Map 1]-04-0242
Zoning: AG Agricultural with /UL Urbanlzable Land Overlay
Location: 187 Swain lane
Representative: led Truett, Metro Planning, Inc
Lead City Staff: Nicholas Gloello, Ory of Eugene Planning Division, 541£82-5453
EVALUTATION:
Based on the Information provided by the applicant, the City has determined that this request complies
with Eugene Code LEG) Semon 9.7805 Annexation Applicability. As such, It is subject to review and
approval In accordance with the requirements, appliati0n criteria and procedures of EC 9.7800 through
9.7835. The applicable approval a terla are presented below In bold typeface with findings and
conclusions following each.
EC9.7825(1) The land proposed to be annexed is within the coax s urban growth boundary and is:
(a) Comiguous to the aty limits; or
(b) Separated from the city only by a public right of way or a stream, bay, lake or other
body of water.
Complies
Findings: The an nexation area is within ITeCity's urban arca wth b oun dory ILL AM an it 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
ofland along the north property line and a portion of the south property line.
EC 9.7825(2) The proposed annexation is mnairtentwith applicable polities in the Metro Plan and in
arty applicable refinement plans.
Cc
plies
Findings: Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to achieve efficient use of and urban service
❑NO
YES
provisions within the UPS, Lending the following policies from the Growth
Management section (In Italic text):
4ollq B. Land within th e UGB may be wnvenalfrom urbanlzable to urban only
through annexation to a city when It Afoun d that
a. A minim um level f key urban facilities an dservlcec can be provided to the
area in an orderly and fflcien t man nor.
b. There will be a log lml area and tlm e within which to deliver urban servicer
andfacilldar. Conversion of urbanlzable land to urban shall also be
consistent with the Metro plan. (page ll{ -0)
Pollgl0. Ann ovation to a city throng h norm at processes shall contln as to be the
highest priority. (page 11 C 5).
Thenal 1u 1921 Asti 2319 EYE
Exhibit C
Therrell (A 19-2) August 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 designates the area for residential
uses. The property is zoned AG Agricultural with /UL Urbanizable Land overlay. 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:
Wastewater
The subject property is connected to the city service via a 4 -inch tap to a 6 -inch line
located in the southwest corner of the lot. An 8 -inch city line is located within the Swain
Lane right-of-way.
Therrell (A 19-2) August 2019 Page 2
Stormwater
Public stormwater is available via a 30 -inch line that extends eastward from the terminus
of the Scottsdale Street, across an abutting property, to the northeast corner of the
subject property. There is an open waterway with a northerly flow across the subject
property from the south property line that channels runoff flow into the 30 -inch pipe at
the northeast property corner. There is a Public Utility Easement for the maintenance of
this waterway in place that was rededicated in a previous land Use application (VEU18-
05) to encompass the current landscape along the full channel. Soils in this area appear
to be type "C" indicating poor infiltration rates. Future development proposals must
demonstrate consistency with flood control standards.
Transportation
The property has access and frontage on Swain Lane, which is an unimproved local road,
lacking sidewalks, curbs, street lights and street trees. Swain Lane is owned by the City
and provides direct access to River Road which is a minor arterial owned and maintained
by Lane County Public Works. River Road leads to the major thoroughfares in the City.
Along the north property line, there is a reserve strip separating "The Commons"
subdivision (2005) which is developed to city standards including stormwater and sewer
facilities, street lights sidewalks and street trees. Compliance with applicable street
standards will be ensured at the time of development
Since Swain Lane is not under the jurisdiction of Lane County, the County's
Transportation Planning did not provide comments.
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
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.
Therrell (A 19-2) August 2019 Page 3
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 Awbrey Park 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.
Therrell (A 19-2) August 2019 Page 4