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Home My WebLink AboutResolution No. 5304COUNCIL RESOLUTION NO. 5304 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 19-040b44, TAX LOT 1300 LOCATED AT 290 WILKES DRIVE). PASSED: 8:0 R ECTED: OPPOSED: ABSENT: CONSIDERED: July 13, 2020 0 ""�w!♦!e♦i♦0*�♦ee�*• �►• ♦i AA♦i♦i• , ;•i`�r es ee 0� � �'A a♦ter♦ >a��i♦e �♦+ � � Q!s' eJi♦ ti ♦ ♦sA<. 't�ir.� � -.:: ,,,311N �1`; Ae�s♦ot. ns�� 7 Ll I IL k �♦`9 1pA♦e♦hA♦`eref y+r�i .. AE �4♦.gA.A.A�A�♦A{,�»♦q 4 } w %aPv41�♦�mAA�I. p._. Z _ .! vet'•._+♦yA��wAs��",°P^♦�B°¢®�'bt �I -t . qq �$A♦..n/R,e, ill l�' 'z _ ANCHOR ; I 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: 17-04-02-44-01300 Address: 290 Wilkes Drive, Eugene, Oregon Legal Description: See Exhibit OX attached hereto and made a part hereof. In the corporate limits of said city, which is owned by the undersigned. DATED this CQ011- day of -De CC.W'N Le. . 20 I STATE OF OREGON ) )SS COUNTY OF LANE } On this qo-Aks' day of ace'm�) , 20\a, before me, the undersigned, a notary public in and for said county and state, personally appeared the within -named David Chad Roderick and April B. Roderick, who are known to me to be the identical individuals described herein and who executed the same feely and voluntarily. OFFICIAL STAMP KYLE CAMERON LILJEBERG "TARP PU0LIC-0REDON NIMSSION NO. 989442 iI 01 EXPIRES JULY 1 B, 2023 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written - Notary Public for -Oregon 100*0- My Commission Expires �`�.� RESOLUTION NO. 5304 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-02-44, TAX LOT 1300 LOCATED AT 290 WILKES DRIVE). The City Council of the City of Eugene Finds that: A. An annexation application was submitted on January 21, 2020, by David and April Roderick, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-02-44, Tax Lot 1300, 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 June 12, 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 Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on July 13, 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 17-04-02-44, Tax Lot 1300, 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 13" day of July, 2020. .� City Recorder Dept y Resolution - Page 2 of 2 Exhibit A REGISTERED PROFESSIONAL HOYTAVENUE o 0 LAND SURVEYOR z N J C .. .. a a WILKESDRIVE N 0 R CG ON JULY 20, 1993 REX A. BETZ ao #2606 ZENEWS: 12/31/21 VICINITY MAP SCALE: 1" = 500' 0 500 CITY ;t_ S86054'02"E 467.73, _ N1008'58"E �13.20' 3 1 NW CORNER TPOB anb L. POINDEXTER NE CORNER v DLC NO. 52 LOT 1, BLK 8 v h SECOND ADDITION TO TERRA LINDA. VJ I 1 WILKES DRIVE CH=S88033'50"E 38.42' (80.00' WIDE ROW) A=0045'28" Ir38A2' R=2904.79' S88056'34"E 164.81, 3461 •' • •. TEMPA SI' KPS `:. N •:Y.. " :• A'i1,U FIt. •: f, A.ECTEORY :••s-•'!..�' co ', TO BE AD t �!� � �Che e •. !. J � ' L 6T-. %i •f !•2• �•_ •� •L•.•� `t` •• • • •I . •UNMCORPORATED AREA' •• •• 3449 Z� •` CITY OFEUGENE TES ��• CITY N88033'00"W 203.23' CITY G LIMITS LIMITS G V n°� OUT�� ' C QQ OrEN u" BLD, ®g v 4 r4l o L- ® �y C 281 VO V ��EANCHOAF �Z EOA I I AVE O 7z ANNEXATION MAP SCALE: 1"= 60' 0 60 ANNEXATION EXHIBIT 290 WILKES DRIVE, EUGENE OREGON TAX MAPILOT 17040244-01300 FEBRUARY 11, 2020 EXISTING EASEMENT 3 O 0 h 320 WILKES DR y v C n � 4% TEGR & Associates, Inc. Engineers, Geologists, and Surveyors 2535E Prairie Road (541) 688-8322 Eugene, Oregon 97402 Fax (541) 688-8087 1 290 Wilkes DriveAuloCad 6983 Rederkk Annexation 101117(i:3 DESCRIPTION OF AFFECTED TERRITORY TO BE ANNEXED Situated in the Southeast 1/4 of the Southeast 1/4 of Section 2 in Township 17 South, Range 4 West of the Willamette Meridian in unincorporated area of Lane County, State of Oregon and described as follows: Commencing at the Northwest Corner of the L. Poindexter Donation Land Claim Number 52 in Township 17 South, Range 4 West of the Willamette Meridian; running thence North 1'08'58" East 13.20 feet, South 86'54'02" East 467.73 feet, and S 1'08'58" West 56.46 feet to the northeast corner of Lot 1 in Block 8 of "Second Addition to Terra Linda" as platted and recorded March 10, 1975 in Book 68, Page 15 in Lane County Oregon Plat Records; which corner lies on the re -aligned south margin of Wilkes Drive and is the TRUE POINT OF BEGINNING of the lands being described herein. Thence, leaving said corner and TRUE POINT OF BEGINNING, easterly along said south margin of Wilkes Drive, the following two numbered courses: (1) along a curve to the left, having a radius center that bears North 1'48'54" East 2904.79 feet, a central angle of 00'45'28", and long chord that bears South 88'33'50" East 38.42 feet, an arc distance of 38.42 feet to a point of tangent line; and (2) along said tangent line, South 88'56'34" East 164.81 feet to the northwest corner of the lands that were conveyed to Christopher J. Peterson and Niccole S. Peterson in that certain Warranty Deed that was recorded May 1, 2017 as Reception Number 2017-021164 in Lane County Oregon Deed Records; Thence, southerly along the west line of said lands that were conveyed to Peterson, the following one numbered course: (3) South 01'08'58" West 126.14 feet to the Northeast plat corner of the "Roderick Subdivision" as platted and recorded September 27, 2002 in Lane County Oregon Plat Records and assigned Reception Number 2002-074908 in Lane County Oregon Deed Records; Thence westerly along the north plat boundary of said "Roderick Subdivision" the following one numbered course: (4) North 88'33'00" West 203.23 feet to its intersection with the northerly, east plat boundary of the afore -called plat of "Second Addition to Terra Linda"; Thence, northerly along said northerly, east plat boundary, the following one numbered course: (5) North 01'08'58" East 125.00 feet RETURNING to the TRUE POINT OF BEGINNING. Exhibit C Planning Director's Findings and Recommendation Annexation Request for David and April Roderick (City File: A 20-1) Application Submitted: January 21, 2020 Applicant: David and April Roderick Property Included in Annexation Request: Tax Lot 01300 of Assessor's Map 1I-04-0244 Zoning R-1 CARSDensityResidential with Nwrbamxable land overlay Location: 290 Wilkes Drive Representative: Rex Betz, PLS; EGR&Associates Lead City Staff: Rodney Bohn ep City of Eugene Plann In g Divls on, 5o1-6825437 EVALUL4TION'. Based on the informab on provided by the applicant, the Oty has determined that this request complies with Eugene Code (EC) Section 9.7805 Annexation -Applicability . As such, It is subject to review and approval in accordancewith the requirements, application criteria and procedures of EC 9 7800 through 9 7835. The cap pl l able cap pmval crrcena are presented below In bold typeface with fin dingsand con clu9 onsfollow In g each. EC 9.7825(1) The land proposed to be annexed is within the ritys urban growth boundary and is: (a) Contiguous to the city Him its; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. Complies Finding: The an nexab on area is do it du nthaAtty's urban growth be un dary(UPS) and ann guous to Oty Ilm Its, consistent with subsection (a). YES NO EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Complies Finding: Several policies from the Metro Plan provide support for this annexation by a once uging m pact urban growth to ach eve effl cl ant use of tan it an it urban urban servi ® El YES NO pva mlslo ns with th e fol to wl ng p of l d as fro m th e Growth Managemant sect) on(I n italic text)'. Policy B. Land within the UGB may he convertedfrom urhanlzahle to urban only through annexation to a city when It k found that a. A minimum level ofkey urban facilities andservlcas can he provided to the area in an orderly and efficient manner. 6. There will he a logical area and time which m deliverurban a behervlCer and fadunw. conversion of me land m urban shall also 6e ble land P n (page romrArtena with the Metro Plan (page II{ l) Policy10 Annexation to a clay through normal processes shall continue to he the highest prlonty (page if C 5) Roderick(A 201) /anemic Rages 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, which also designates the area for low density residential use. The property is zoned R-1 Low -Density Residential with a /UL Urbanizable Land overlay, consistent with the existing 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: Roderick (A 20-1) June 2020 Page 2 Wastewater Wastewater service is available via an 8-inch public wastewater system within Wilkes Drive, south of the subject property. Stormwater Stormwater runoff is currently managed by ground infiltration and runoff to a partially piped culvert in Wilkes Drive where it travels west to River Road. The storm system is owned by Lane County and maintained by Lane County Public Works. Any additional runoff from future development will require a permit from the County Public Works Division. Compliance with applicable stormwater development standards will be ensured at the time of development. Transportation The parcel located at 290 Wilkes Drive has public access onto Wilkes Drive which is a local street running west to River Road; a major arterial. Both are owned by Lane County and maintained by Lane County Public Works. Wilkes Drive is paved with a bike lane, but lacks sidewalks, street trees and streetlights. Any future development will be reviewed to ensure current standards are met to the extent required. Solid Waste Collection service is provided by private firms. Regional disposal sites are operated by Lane County. Water and Electric Eugene Water and Electric Board (EWEB) Water staff confirm that water and electric services are available to the property. 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 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. Roderick (A 20-1) June 2020 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 Spring Creek 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 will be set in accordance with State law. INFORMATION: • Upon approval of the annexation, the base zoning of R-1 Low -Density Residential will remain; however, the /UL Urbanizable Lands overlay will be automatically removed from the annexation area. Please contact the Permit Information Center, Planner -on -Duty at 682-5377 for more information. • Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. Roderick (A 20-1) June 2020 Page 4