HomeMy WebLinkAboutResolution No. 5287AIM—
City Recorder
January 21, 2020
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: 17-04-23-42
Tax Lot(s): 03900
(Steinhouse, Elizabeth; A 19-7)
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
COUNCIL RESOLUTION NO. 5287
RESOLUTION ANNEXING LAND TO THE CITY
OF EUGENE (ASSESSOR'S MAP 17-042342,
TAX LOT 3900 LOCATED WEST OF 830
WILLOWAVENUE).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: Jmuwy 21, 2020
0
AM Steinhouse, Elizabeth (A19-7)
Map/Tax Lot 17-04-23-42 03900
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QSubject Property
Eugene City Limits
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Caution: This map is based on
imprecise source data, subject to
change, and for general reference only.
Created on 11/1/2019
by City of Eugene Planning Division
January 21, 20 b1 Film 2
0 37.5 75 150 NORTH
s
Consent is hereby given to the annexation by the City of Eugene, Oregon of the
following described real property:
Map and Tax Lot: 'ddress: _2q111161
Beginning at a 2112" Brass Cap referencing Southwest comer of the Benjamin Davis
Legal Description: Donation Land Claim No. 45, Notification No. 2244, Township 17 South, Range 4 West
of the Willamette Meridian; thence NORTH 321.43 feet and EAST 991.86 feet to a 5/8"
rebar with a plastic I.D. cap stamp "City of Eugene 1943", said rebar referencing the
centerline of the Willow Avenue right-of-way at its northerly terminus; thence along said
centerline of Willow Avenue South 48°24 s6" West 544.33 feet to a 5/8" reber wish a
plastic I.D. cap "G.E.S. PLS 2284"; thence leaving said centerline bearing WEST
180.19 feet along the southerly line of Caprice Meadows, recorded October 20, 2004.,
Document No. 2004-081107, Lane County Oregon Deeds and Records and the easterly
extension thereof to the True Point of Beginning; thence continuing along said
southerly line of Caprice Meadows WEST 119.11 feet to a 1/2 inch iron pipe in concrete
referencing the southwest comer of said Caprice Meadows; thence leaving said south
line bearing SOUTH 70.00 feet to a 1/2 inch iron pipe in concrete, thence FAST 119.11
feet; thence NORTH 74.00 feet retumina to the south line of Caprice Meadows and the
---. _--- -- - - ___---True Point of Beginning, all in Eugene, Lane County, Oregon.
In the corporate limits of -said-- ciy, which is owned by the undersigned
DATED this -- day of �I L 2Q.
STATE OF OREGON )
)ss
County of = )
On this` day of
lot -
pub is in and for the said
r I . - 11,L _ .
=i %I 20 I C1, before me, the undersigned, a
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
ALEXIS LYNN CALLAHAN
PUBLIC OREGON
=8 Q
COMMISSION NO. 585834
IVi'p COMMISSION FP:PIRES APRIL 02, 20231
IN TESTIMONY WHEREOF, I have hereunto set
my hand and sea[ the day and year last above
written f
Notary Public for Oregon
My Commission Expires }
January 21, 2020, Public Hearing - Item 2
RESOLUTION NO. 5287
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-23-42, TAX LOT 3900 LOCATED WEST OF 830
WILLOW AVENUE).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on September 9, 2019, by Elizabeth
Steinhouse in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971 ("EC"),
to annex property identified as Assessor's Map 17-04-23-42, Tax Lot 3900, 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. A notice dated October 23, 2019, 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 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. At the November 25, 2019 Council meeting, a member of the public voiced
concerns about the annexation and the City Council voted to delay action until a public hearing
could be held. Subsequently, the public hearing was scheduled for January 21, 2020.
F. Notice of the public hearing dated December 19, 2019, 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 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 hold a public hearing and consider the Planning Director's full
recommendation on the proposed annexation at 7:30 p.m. on January 21, 2020. In addition, a
notice of the public hearing was published in the Register Guard newspaper on January 7 and 14,
2020, and, on January 7, 2020, notice was posted at four public places in accordance with EC
9.7820(2)(d).
Resolution - Page 1 of 2
G. After holding the public hearing and 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 17-04-23-42, Tax Lot 3900, 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 21st day of January, 2020.
City Recorder —Dc f+uary
Resolution - Page 2 of 2
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Exhibit B
Certification of Description
Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the
metes and bounds description of the real property proposed for annexation closes; and
the map outlining the boundary is a true representation of the description.
Signature:
Surveyor
Print Name: 04D 4L1 �L�#j(^ 1""
Date: W f f
Seal:
Fit
LEGAL DESCRIPTION
FOR THE ANNEXATION OF
THE ELIZABETH STEINHOUSE PROPERTY
TO THE CITY OF EUGENE
ASSESSOR'S MAP NO. 17-04-23-42, TAX LOT 3900
September 5, 2019
Beginning at a 2 112" Brass Cap referencing Southwest corner of the Benjamin Davis
Donation Land Claim No. 45, Notification No. 2244, Township 17 South, Range 4 West
of the Willamette Meridian; thence NORTH 321.03 feet and EAST 991.96 feet to a 518"
rebar with a plastic I.D. cap stamp "City of Eugene 1943", said rebar referencing the
centerline of the Willow Avenue right-of-way at its northerly terminus; thence along said
centerline of Willow Avenue South 08°24'36" West 504.33 feet to a 518" rebar with a
plastic I.D. cap "G.E.S. PLS 2280`; thence leaving said centerline bearing WEST
180.19 feet along the southerly line of Caprice Meadows, recorded October 20, 2004,
Document No. 2004-081107, Lane County Oregon Deeds and Records and the easterly
extension thereof to the True Point of Beginning; thence continuing along said
southerly line of Caprice Meadows WEST 119.11 feet to a 112 inch iron pipe in concrete
referencing the southwest corner of said Caprice Meadows; thence leaving said south
line bearing SOUTH 70.00 feet to a 112 inch iron pipe in concrete; thence EAST 119.11
feet; thence NORTH 70.00 feet returning to the south line of Caprice Meadows and the
True Point of Beginning, all in Eugene, Lane County, Oregon.
Containing 8,338 Square Feet, more or less
Exhibit
Planning Directors Findings and Recommendation
Annexation Request for Steinhouse, Elizabeth
(City File: A 19-7)
Application Submitted: September 9, 2019
Applicant Elizabeth Steinhouse
Property Included in Annexation Real Tae Lot 3900 ofAssessors Map 1704-2342
Zoning: R-1 Low -0ensltyResidential and /UL Urbanlrable Land Overlay
Location: Vacant property to the west of 830 Willow Avenue
Representative: Elizabeth Steinhouse
Lead City Staff: Althea Sullivan, Ory of Eugene Planning Division, 541£82-5485
EVALUTATION:
Based on the Information provided by the appllcenq the Otyhas determined that this request Muddles
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 EC 9.7800 through
9.7835. The applicable approval olterla are presented below In bold typeface with findings and
condusionsfollowmg each.
EC 9.M25(l) The land proposedto beannexed iswithinthe crtys urban growth boundary and is:
(a) Contiguous to the tlty limits; or
(b) Separated from the city only by a public right of wry or a stream, bay, lake or other
body ofwater.
Complies
Findings: The annexation area lswlthlnthe CYq/s urban growth boundary(UGB) and is
cnfamous totheCityinnitsalong the northern property line, consistent with subsection
NO
YES
(a).
EC 9.7825(2) The proposed annexation is conaistentwith applicable polices in their Plan and in
aapplicable refinement lane.
Complies
Findings: Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth toachieve efficient use of and urban service
®
E] NO
YES
provisions within the URGE, [housing the following polities from the Growth
Management section (In ltcllctext):
Policy B. Land with In the UGB may be convenadfrom urbanlzable to urban only
through annexation to c city ween It isfou no that
e. A minim um level of Ary urban facilities an dservlces can be provided to the
area in an orderly and efficient manner.
b. There will be e logical area and dm e within which to deliver urban servicer
andfaciptler. Conversion of urbanlzable land to urban shall also be
consistent with the Metro Plan. (page 11 CA)
Policy10. Annexation to a city through normal processes shall continue to be the
highest priority. (pay ell C 5).
Aeinn Ouse, Eli (A 13h) 0clober 2913 EYE
Exhibit C
Steinhouse, Elizabeth (A 19-7) October 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 R-1 Low -Density Residential with a /UL Urbanizable Land
overlay. The /UL overlay will be automatically removed from the property following
annexation approval.
Regarding 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
❑
❑ NO
YES
boundary in which the minimum level of key urban facilities and services can be
provided in an orderly, efficient, and timely manner as detailed below:
Wastewater
There is an 8 -inch public wastewater line within Willow Avenue, which can be extended
to the subject property through the parcel to the east. The parcel to the east is currently
owned by the same property owner and a private access/ utility easement is recorded on
Steinhouse, Elizabeth (A 19-7) October 2019 Page 2
a property line adjustment survey file with the Lane County Surveyors Office on
September 20th, 2019.
Stormwater
The public stormwater system does not currently serve the subject property, at the time
of future development a proposal that complies with the requirements of the
Stormwater Management Manual will need to be provided.
Transportation
The subject property has access to Willow Avenue over a private access easement on the
property to the east. Willow Avenue connects to other public streets allowing access to
the transportation system.
Comments from Lane County Transportation Planning indicate no concerns with the
proposed annexation request. Any redevelopment or new development of the property
must demonstrate compliance with the requirements of Lane County Code Chapter 15.
A review for compliance with Lane County road requirements will apply 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 staff note that an easement meeting EWEB's specifications will be needed for
service to be provided to the subject property. Prior to the approval of a structure on the
site the applicant will need to ensure an easement that meets EWEB's specifications and
service can be provided.
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 that 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.
Steinhouse, Elizabeth (A 19-7) October 2019 Page 3
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 River Road 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.
Steinhouse, Elizabeth (A 19-7) October 2019 Page 4