HomeMy WebLinkAboutResolution No. 5292AIM -
City Recorder
February 25, 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: 17-04-23-13
Tax Lot(s): 7400
(Finnerty, Kathryn; A 19-11)
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. 5292
RESOLUTION ANNEXING LAND TO THE CITY
OF EUGENE (ASSESSOR'S MAP 19-04-23-13,
TAX LOT 9400 LOCATED AT 1345 ELKAY
DRIVE).
PASSED: 9:0
REJECTED:
OPPOSED:
ABSENT: Counr or Syrett
CONSIDERED: February 25, 2020
Eugene
Vicinity Map
Finnerty, Kathryn (A ig-ii)
Annexation Area
ELKAV DR
;'7t.. xv
Annexation Area
® Eugene City Limits
Taxlots
City Limits
Attach mentA
r.rru y
Caution: This map is based on
imprecise source data, subject to
change, and for general reference only.
Created on 2/10/2020
by City of Eugene Planning Division
4A -
50 100 200 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: Address: 1':�) V_L��A�
EUL_7tJ_AE_. 0-2— "-7 404V
Legal Description:
In the corporate limits of said city, which is owned by the undersigned
DATED this -' y� day of✓�%'�w� ��r , 20�
�L
STATE OF OREGON )
)ss
County of )
On this day of Alov .120 , before me, the undersigned, a
notary public in and for the said county and state, personally appeared the within -named,
X11Ci -/h �- ��� �7j'nr o „-- 7Z-�
who is known to me to be the identical indiv(dual described herein and who executed the same
freely and voluntarily.
Seal:
'HO
AtPcaAAA;y
OMISIC►uCYCMMlErMa
t:ofa,1USSnnRES 17Xj
20 0
IN TESTIMONY WHEREOF, I have hereunto set
my hand and seal the day and year last above
written. / A
Notary Public for Oregon
My Commission Expires
Attachment C: 7 of 16 February 24, 2020, Meeting - Item 4A
RESOLUTION NO. 5292
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-23-13, TAX LOT 7400 LOCATED AT 1345
ELKAY DRIVE).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on November 27, 2019, by Kathryn
Finnerty, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC")
to annex property identified as Assessor's Map 17-04-23-13, Tax Lot 7400, 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 January 22, 2020, 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 February 24, 2020.
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 17-04-23-13, Tax Lot 7400, 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 24" day of February, 2020.
City Recorder —V) pukry
Resolution - Page 2 of 2
SITE PLAN
FOR
FINNERTY ANNEXATION TO CITY OF
Exhibit A
EUGENE
NE 1/4, SEC. 23 T 17 S, R 4 W W.M.
ASSESSOR'S MAP 17-04-23-13 TL No. 7400
EUGENE, LANE COUNTY, OREGON
SEPTEMBER 13, 2019
SCALE: 1" = 40' L.E(iEN D
O PROPERTY CORNER
® WATER METER
WW WASTEWATER MANHOLE
WW EXISTING WASTEWATER LINE
W EXISTING WATER LINE /
CONCRETE SURFACE m w
r
— _ _ = GRAVEL SURFACE 3
L1/12ZZ EDGE A.C. PAVING
EXISTING WOOD FENCE VICINITY MAP
NO SCALE
17-04-23-13 17-04-23-13 17-04-23-14
TL No. 7100 TL No. 7300 TL No. 7300
S 89047'00" E 134.45'
EXISTI G \ �EXISTIN\ \
N\ . \\\
. SHED \\ •WELLHOUSE .
\.
N04
\ \ \\ \\ O
17-04-23-13 \ 17-04-23-13 \ . 17-04-23-14
TL No. 7200 LLj \ TL No. 7400. TL No. 7400
AREA OF\
o \ \
� ANNEXATION \\ o
\REQUEST.
0 \ o
o \\
z EXISTING _ \ � • \\ �
BUILDING
NN.
\
WW MH \ —— \\ \ — - WW MH
\ \ \ — =\ No. 8110
No.8111 a / \ \\
\N 89 47 00 W , 134.45
�i rrr/ni rlrirri�n� . rrirr nine , . r rrn rrrirri � rrr
C Q�> o o CURRENT 4 W
A� z i cov �' N ° N CITY LIMITS
WW - - - •8" ww — — — 8" ww WW
S 8996.945E11
/lrrlr�r/rlrr�r��r rr o /, ��i�iur�r rrrrl o
N O N O
I \ 1 p
1 o PCL,-1 PCL-2 o
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17-04-23-42 17-04-23-42 17-04-23-42 17-04-23-42 �. ;
TL No. 300 TL No. 200 TL No. 101 TL No. 102 J
I %4® .
� A
1 CD o� REGISTERED
PROFESSIONAL
I)
O
\-SW CORNER
B. DAVIS D.L.C. NO. 45
T 17 S, R 3 W W.M.
POAGE ENGINEERING & SURVEYING, INC.
P.O. BOX 2527 ° EUGENE, OREGON 97402 ° (541) 485-4505
JOB No. 4745 0 DRAWN: KSG\4745ANNEX.GXD 0 9-19
LAND SURVEYOR
OREGON
JULY 13. 1984
JONATHAN A. OAKES
2105
EXPIRES: DECEMBER 31. 2020
Exhibit B
Legal Description for the Annexation
of
Assessor's Map No. 17-04-23-13 Tax Lot No. 7400
to the
City of Eugene
November 13, 2019
Beginning at a point which is 1196.945 South 89°47'00" East of a point which is 475 feet North
of the southwest corner of the Benjamin Davis D.L.C. No. 45 in Township 17 South, Range 4
West of the Willamette Meridian; thence North 20.0 feet to a point on the north margin of Elkay
Drive, said point being the True Point of Beginning; thence leaving said north margin and
continuing North 142.00 feet; thence South 89°47'00" East 134.445 feet; thence South 142.00
feet to a point on the north margin of Elkay Drive, said point being 20.0 feet northerly of, when
measured at right angles to, the centerline of Elkay Drive; thence along the north margin of
Elkay Drive North 89°47'00" West 134.445 feet to the True Point of Beginning, all in Lane
County Oregon.
Containing 19,091 sq. ft. more or less
Exhibit C
Planning Directors Findings and Recommendation
Annexation Request for Kathryn Finnerty
(City File: A19-11)
Application Submitted: November 27, 2019
Applicant: Kathryn Finnerty
Property Included in Annexation Re ueto Tax Lot O7400 ofAssessors Map 1704-23-13
Zoning: R-1 Low -0ensltyResidential with /UL Urbanlzable land Overlay
Location: Norm side 0f SISSY Drive, east of Fairway Drive
Representative: Jonathan Oakes; Poage Engineering
Lead City Staff: Rodney Bonner, City of Eugene Planning Division, 541£82-5437
EVALUTATION:
Based on the Information provided by the applicant, the Oty 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 EC 9.7800 through
9.7835. The applicable approval 0lterla are presented below In bold typeface with findings and
conduAOnsfollowmg each.
EC 9.M25(3) 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 way or a stream, bay, lake or other
body ofwater
Complies
Findings: The annexation area lswlthln the City's urban growth boundary(UGB) and is
separated from the tlty, only by a publlcrlght of way, consistent with subsection (b).
TES NO
EC 9.7825(2) The proposed annexation is consistentwith applicable polities in the Metro Plan and in
aapplicable refinement lane.
Complies
Findings: Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to achieve efficient use of land and urban service
®
❑
YES
NO
provisions within the UGB,Including the following polities from the Growth
Management section (In ltellctext):
Policy B. Land with In the UGB may be convenadfrom urbanlzable to urban only
through annexation to a city we an It isfou no that
a. A minim um level cf key urban facilities an dservlces can be provided to the
area in an orderly and efficient manner.
b. There will be a logical area and him e within which to deliver urban services
andfatlllhier. Conversion cf urbanlzable land to urban shell also be
consistent with the Metro Plan. (page 11 CA)
Po11cy10. Annexation to a city through normal processes shall continue to be the
highest priority. (pay ell C 5).
Finn ene grin N[%11I ran tax AA CY,I
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 property and designates the area for low
density residential use. The property is zoned R-1 Low -Density Residential with a /UL
Urbanizable Land overlay. The R-1 zoning is consistent with the Metro Plan and RR/SC
UFP designations. The /UL overlay will be automatically removed from the property
following annexation approval.
Regarding 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 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
®
YES
NO
provided in an orderly, efficient, and timely manner as detailed below:
Wastewater
Public Wastewater lines are available within the right-of-way of Elkay Drive. The existing
home located at 1345 Elkay Drive is currently connected to the City's wastewater
system. There is no lien information in the special assessment database for the subject
property.
Finnerty, Kathryn (A 19-11) January 2020 Page 2
Stormwater
City of Eugene stormwater systems are not available in this area and the soils appear to
have poor permeability rates. Infiltration testing may be required at the time of
development to demonstrate adequate percolation rates. There 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
The property has frontage on Elkay Drive, a Lane County local street with North Park
Avenue (Minor Arterial) to the west leading directly to NW Expressway (Major Arterial).
To the East, Elkay Drive connects directly to River Road, also a Major Arterial, owned and
maintained by the City of Eugene. Elkay Drive and North Park Avenue are paved but not
improved with sidewalks, curb and gutter, street trees or street lights. Any future
development will be evaluated for compliance with current standards through the
applicable development application.
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.
Finnerty, Kathryn (A 19-11) January 2020 Page 3
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
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.
Finnerty, Kathryn (A 19-11) January 2020 Page 4