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HomeMy WebLinkAboutResolution No. 5281AIM - City Recorder November 26, 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: 18-03-16-30 Tax Lot(s): 200 (Axline, Michael & Diane Hazen; A 19-9) 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 Axline, Michael & Diane Hazen (A ig-g) Map/Tax Lot 18-03-16-30/ 00200 c aa' 0 Subject Property %/. Annexation Area Eugene UGB Eugene City Limits Taxlots Attachment A Caution: This map is based on imprecise source data, subject to change, and for general reference only. Created on 11/6/2019 by City of Eugene Planning Division h 2D A 40 80 160 NORTH 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: 18-03-16-30, Tax Lot #200 Address: none at this time Legal Description: See Attached Exhibit "A" In the corporate limits of said city, which is owned by the undersigned DATED this &�­day of 201 Michael D. AxIine i 1 Stoney Ridge '• Eugene, OR. 97405 STATE OF OREGON ) )ss County of ) On thls�y of , 2019 before me, the undersigned, a _ da notary public in and for the said co ty and state, personally appeared the with in -named, Michael D. Axline who is known to me to be the identical individual described herein and who executed the same freely and voluntarily. OFFICIAL STAMP JESSICA MARIE MERMIS �.. NOTARY PUBLIC - OREGON COMMISSION NO.991099 MY COMMISSION EXPIRES AUGUST 22, 2023 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notar �Pu lic for Oregon My Co ission Expires Cj •� November 25, 2019, Meeting - Item 2D COUNCIL RESOLUTION NO. 5281 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 1&031&30, PORTION OF TAX LOT 200; LOCATED ON THE EAST SIDE OF SPRING BOULEVARD) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: November 25, 2019 0 RESOLUTION NO. 5281 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 18-03-16-30, PORTION OF TAX LOT 200; LOCATED ON THE EAST SIDE OF SPRING BOULEVARD). The City Council of the City of Eugene finds that: A. An annexation application was submitted on September 23, 2019, by Michael Axline and Diane Hazen, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 18-03-16-30, portion of Tax Lot 200, 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 22, 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, and owners and occupants of properties located within 500 feet of the perimeter of the subject property. Notice could not be sent to the applicable neighborhood group or community organization officially recognized by the City Council as required by EC 9.7820 because the property proposed to be annexed is not located within an officially recognized neighborhood group or community organization. However, as a courtesy, notice was sent to Southeast Neighbors, the neighborhood organization in which the property will be located upon annexation. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on November 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 Resolution - Page 1 of 2 is ordered that the land identified as Assessor's Map 18-03-16-30, portion of Tax Lot 200, 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 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 25th day of November, 2019. City Recorder—U�pvc4� Resolution - Page 2 of 2 Exhibit A ' N Q 6i ti L6 ~ co (n W Ld • bi cm QOZa Q O I^ O I TLO- m J I` a� > Q o ~ Q o U w Q r••� m o (n w of o O U) •••• ••. `-- O W�� aCloll!)� Q z • O�Q SPRING BLVO ( ^ "J o W Q �IJ U o U > p � Q � N d, b1SbNS S Q N 3 z COO � � .. 3 J�v LL 0 �QW m z N o Z p O �0 O 3 iu L Z w W W WX < Q W m 2 m HF- Lij F—Z (n Q J O 0 Oo z� ZQ z �LLI H W J J O L\O LLj ZZ Z� Z W0 r m 00 �UWW� JQ JU _j U N Q H U) • M w Z W 0 0>-UOCD M W ❑ Q O �„�Lu N 000 zWw� C7 i W Z } O J 0= W W � p u.i ' z c) M Qa m W o • IL000E- U) W T- WOO OJZ 100*MS M „02 ,61. o L O S �wz � Y z ,00'SL l W ,00'SL L � 0 Ot6-Yo 0 N 0 I c0 N c0 0 d 0 I0) co O PO t� X N J Q c0 0 X 0 co 0100 w x Qa O a O N 3 0 x o d Q 0 C� � po lL ZOD r� 02 cn z o O w °C' ....,••••..... �� n m zOr T. rr r ,9 � 020 S � I` ••• ••••••• ' LU N w X LO omw z z N c0 Q O ZQ j �� w �_ � �b�G► �lbHdSb r ►�% ~ - 020 LU U �� y z� ;0 I � V)cn 17 � , O 0 �, `` w 0� o� , o o- x � o o ,( •I Q z Q Q 0_ X J ~ :2 =) �Q 107i110 Legal Description of Affected Territory to be Annexed (A Portion of Tax Lot #200) A unit of land being situated in the Southwest 1/4 Section 16, Township 18 South, Range 3 West of the Willamette Meridian, said unit of land being more particularly described as follows: Commencing at the iron pipe commonly used as the center of Section 16, Township 18 South, Range 3 West of the Willamette Meridian; thence South 01019,30" West 175.00 feet to an iron pipe set in that survey filed in the office of the Lane County Surveyor, Lane County, Oregon, under no. 14297; thence North 83014'36" West 487.82 feet to the POINT OF BEGINNING of this land to be annexed; Thence continuing North 83014'36" West 162.05 feet to the east line of Spring Boulevard; Thence along the east line of Spring Boulevard, North 08016'33" East 175.73 feet; Thence leaving the east line of Spring Boulevard, South 83006'40" East 162.05 feet; Thence South 08016'33" West 175.35 feet to the point of beginning, all in Lane County, Oregon and containing 28,437 square feet or 0.65 acre(s) of land, more or less. Exhibit C Planning Director's Findings and Recommendation Annexation Request for Michael Azline and Diane Hazen (City File: A 19-9) Application Submitted: September 23, 2019 Applicant: Michael Adlne & Diane Hazen Property Included inAnnexation Real Portion of Tax Lot 200 of Assessor's Map 1803-1630 Zoning: R-1 Low Density Residential with /UL Urbanlzable land Overlay Location: East side of Spring Boulevard, south of 43^Avenue Representative: Kent Baker; Roberts Surveying Lead City Staff: Rodney Bohn eq City of Eugene Plant Ing Division, 541£82-5437 EVALULATION: 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, appucati0n criteria and procedures of EC9.7800 through 9.7835. The applicable approval 0 Lend are presented below In bold typeface with findings and con duslons to l leasing each. EC9.7825(1) The land proposed to be annexed is within the city' s urban growth boundary and is: (a) Contiguous to the city limits; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body ofwater. Complies Findings: A portion of the subject tax lolls located within the Oty'surban growth boundary LUGS), with alarger portion of the subject tax lot to the east ocated outside NO YES of the UGMThe annexation only Includes the area of the subject tax lot within the UGB. The land area outside the UGB wlllremain under theludsdlctlon of Lane County.The area ofannexation othe OryIlml[salong I[swestproperty boundary, consistent with .7825(l)(a). EC 9.7825(2) The ration is cone). applicable polities in the Metro Plan and in a applicable refinemeni planzirtentwith lgs: evefinement fans. Complies compaceral luesfrom thengrowt Metro ac Plan provide sure ort forf land nd urban annexation by encouraging[oadolevwefticentuseoFl urban service ournswithin ❑NO TES Igmwth the JGB, tbeUGB,inducing the following polities from the Growth the Growth Management se Management sector (In Itellc[ex[): Policy B. Land with In the UGB may be convenadfrom urbanlzable to urban only through annexation to a city we on It isfou no that: a. A minim um level of kry urban facilities an dservlcec con be provided to the area in an orderly andefficient manner. b. There will be a logical area and him e within which to deliver urban services andfaciptiec. Conversion of urbanlzable land to urban shall also be consistent with the Metro Plan. (page 11 CA) hmmetiw,n Ip1951 oaoberml9 EYE 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 annexation area as appropriate for low -density residential use. The South Hills Study is the adopted refinement plan for the subject property; however, it does not include policies that would serve as approval criteria for the proposed annexation. Consistent with its land use designation, the portion of the property to be annexed is currently zoned R-1 Low -Density Residential with /UL Urbanizable Land Overlay. The /UL overlay will be automatically removed from the annexed portion of the property following annexation approval. 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 South Hills Study. 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 lines are available within the right-of-way of Spring Blvd. A 6" pipe is located near the southwest corner of the lot facing Spring Blvd. There is no lien information in the special assessment database for the subject property. Stormwater City of Eugene stormwater systems are not available to serve this property. Records show that the soils in the area are mapped as a Type D. Infiltration testing may be required at the time of development to demonstrate adequate percolation rates. There Axline/Hazen (A 19-9) October 2019 Page 2 are additional options for complying with stormwater standards which will be further evaluated at the time of future development. All treatment and destination must be approved prior to development. Transportation This property abuts Spring Boulevard, which is within the City of Eugene jurisdiction and is classified as a local street, but lacks curb and gutter, sidewalks, street lights or street trees. Spring Boulevard terminates to the south and connects to East 43" Avenue to the north which is also a local street. There are multiple routes available from the subject property to access East 30th Avenue (a minor arterial) or West Amazon with connections to downtown and Interstate 5. 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 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. Public Schools The subject property is within Eugene School District 4.1 and is within the district boundary of Camas Ridge Elementary School, Spencer Butte Middle School, and South Axline/Hazen (A 19-9) October 2019 Page 3 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. Axline/Hazen (A 19-9) October 2019 Page 4