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Home My WebLink AboutResolution No. 5282AIM - City Recorder November 27, 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: 17-04-14-42 Tax Lot(s): 6500 (Burnham, Jake; A 19-8) 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 RAM— Burnham, Jake (A ig-8) Map/Tax Lot 17-04-14-42-06500 ELM DR '*' Attachment A Al i f+ .,.. ROSEWOOD A E �.. - 'y fu". ]SII4. i .'nf '� � tY' :,%y• i'1 .n •t _. L Subject Property Eugene City Limits Taxlots 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 ember 31 1' a 2E A 25 50 100 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: 17-04-14-42-06500 Legal Description: Address: 625 HOWard Ave In the corporate limits of said city, which is owned by the undersigned DATED this -IF day ofrtx,/L, 20 11 . STATE OF OREGON ) )ss County of On this I ly, day of ok .. r 20 `7 , 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: OFFICIAL STAMP SPENCER SAVELICH •� NOtARY PUB'JC OREGON COMMRSION N0, 985570 MY COM MtON EXPIRES MARCH U, 2011 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Li A Notate- blic for Ored�) My Commission Expires M,;,,zh 77 November 25, 2019, Meetlog -Item 2E COUNCIL RESOLUTION NO. 5282 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 19-041442, TAX LOT 6500 LOCATED AT 625 HOWARD AVENUE). PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: November 25, 2019 0 RESOLUTION NO. 5282 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-14-42, TAX LOT 6500 LOCATED AT 625 HOWARD AVENUE). The City Council of the City of Eugene finds that: A. An annexation application was submitted on September 19, 2019, by Jake Burnham, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-14-42, Tax Lot 6500, 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 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 River Road Community Organization. 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 is ordered that the land identified as Assessor's Map 17-04-14-42, Tax Lot 6500, 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 - Resolution - Page 1 of 2 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 25" day of November, 2019. City Recorder—1)eWIIv Resolution - Page 2 of 2 Exhibit A LAND ANNEXATION FOR TAX LOT 17-04-14-42-6500 NW1 /4 OF SW1 /4 SECTION 14, T17S, RA LANE COUNTY, OREGON LOT 4 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 W.M. L SITE v p O 00000000000000000000000000000 00000000000000000000000000000 0000000000000000000000000000 00000000000��0�00000000000000 00000000000`) 0000000000000000 00000000000000000000000000000 O O O O O O O O O O O O O O O 202.60' /S89°44'00"E CD CD c-D CD p CZD ANNEXATION CHANGE .4REd/ /' / 1.88 ACRES j// TAX LOT j � (11-14 42-F �0/CD EX. HO( 202.60'////N89°44'00"W /// .000.•.•o. 0 0•-•-• ,A VICINTY MAP NO SCALE �P �o� LEGEND �6 RIMERA CENTER IM LAND TO BE ANNEXED K REGISTERED PROFESSIONA LAND SURVEYS OREGON JULY 15, 2003 KENT BAKER #59885 RENEWS: 12-31-2019 HOWARD AVE. SCALE: 1" = 60' Exhibit B Legal Description: Beginning at a point 481.8 feet North of the Southwest corner of Donation Land Claim No. 48, Township 17 South, Range 4 West of the Willamette Meridian; thence South 1516.5 feet to the Point of Beginning; Thence South 89044' East 202.6 feet; Thence South 405.0 feet; Thence North 89044' West 202.6 feet; Thence North 405.0 feet to the Point of Beginning, in Lane County, Oregon. Exhibit C Planning Director's Findings and Recommendation Annexation Request for Jake Burnham (City File: A 19-8) Application Submitted: September 19, 2019 Applicant: lake Burnham Property Included in Annexation Real Tax Lot 6500 of Assessors Map 17-04-1442 Zoning: R-1 Low Density Residential with /UL Urbanlzable land Overlay Location: 625 Howard Avenue, west of River Road on south side of Howard Avenue Representative: Anthony Favreau, The Favreau Group Lead City Staff: Rodney Bohn eq City of Eugene Plant Ing Division, 541 682-5437 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, application criteria and procedures of EC9.7800 through 9.7835. The applicable approval 0]terla 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 cry s urban growth boundary and is: (a) Contiguous to the any 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: The subject tax lot is partially located within the Oty's urban growth boundary LUGS). The annexation only Includes the area of the subject tax lot within the UGB. The NO YES area of annexation is contiguous to the City limits along Its north property boundary, consistent with subsection 1. EC 9.7825(2) The proposed annexation is conaistentwith applicable policies 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 UGB,Inducing the following ponces from the Growth Management sector (In Italic text): 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 dservlcac con be provided to the area in an orderly and efficient manner. b. There will be a logical area and rim e within which to deliver urban services andfacilldac. Conversion of urbanlzable land to urban shall also be consistent with the Metro Plan. (page 11 CA) Pollcy10. Annexation to a city through normal processes shall continue to be the highest priority. (pay ell C 5). Burnham lu 13al rvwemxrml5 EYE 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 UFP) is the adopted refinement plan for the subject properties and designates the area for low - density residential use. Consistent with the Metro Plan and RR/SC UFP designation, the property is currently zoned R-1 Low -Density Residential with a /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 within a defined subarea. 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 the properties 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 applicable 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: Burnham (A 19-8) November 2019 Page 2 Wastewater Public wastewater is available within the right-of-way of Howard Avenue, via 15-inch PVC pipe. An available 6-inch deep connection and 6-inch tee were constructed and plugged during construction of the adjacent sewer lines. The existing structure is connected to the public system. All liens and assessments are paid. Stormwater The nearest public system is a storm drain on the corner of Howard Avenue and Lake Drive —a Lane County maintained system. Soil data indicates poor infiltration rates in the area. The applicant has indicated that stormwater will be treated and retained on - site before directing overflow to the storm drain. A Lane County Public Works facilities permit will be required at time of development approving the discharge and on -site facilities will be evaluated for compliance with the Stormwater Management Manual. All treatment and destination must be approved prior to development. Transportation The subject property is on Howard Avenue, a neighborhood collector under Lane County jurisdiction and fully surrounded by a network of improved and unimproved local streets. Howard Avenue is paved including a bike lane, but is lacking sidewalk, curb and gutter and street trees. It connects to the east with River Road and to the west with Park Avenue. Both streets lead to major highways and major commercial and employment areas. Compliance with access connection standards will be required at the time of future development or land division. 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. Burnham (A 19-8) November 2019 Page 3 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 Howard 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. Burnham (A 19-8) November 2019 Page 4