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Home My WebLink AboutResolution No. 5335COUNCIL RESOLUTION NO. 5335 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-23, TAX LOT 3900 LOCATED AT 3840 GILHAM ROAD). PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Evans CONSIDERED: November 8, 2021 H RESOLUTION NO. 5335 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-23, TAX LOT 3900 LOCATED AT 3840 GILHAM ROAD). The City Council of the City of Eugene finds that: A. An annexation application was submitted on July 9, 2021, by Joseph W. Muller, Jr., in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-03-08-23, 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 are attached as Exhibit C. D. On October 8, 2021, 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 Northeast Neighbors neighborhood organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on November 8, 2021. 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 17-03-08-23, 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 AG Resolution - Page 1 of 2 Agricultural with /LTL Urbanizable Land Overlay to AG Agricultural shall become effective in accordance with State law. The foregoing Resolution adopted the 8th day of November, 2021. jai 'I , t City Recorder Resolution - Page 2 of 2 SCHIRMER CONSULTING, LLC ANNEXATION MAP Scale: 1 60'- 0" Land ap, Arhit,,tum + Land Use Nanning No Bu 10424 Muller Annexation Eag— OnE.. 97440 0 30 60 120 Gdham Road, Eugene, OR Deco: amy s, oz1 Revised August 20 2021 2021, SCHIRMER CONSULTING, LLC Exhibit B Legal Description of Affected Territory to be Annexed (Tax Lot #3900) A unit of land being situated in the Northwest 1/4 of Section 8, Township 17 South, Range 3 West of the Willamette Meridian, said unit of land being more particularly described as follows: Commencing at the Northeast corner of the A.B. Stevens Donation Land Claim No. 40 in Township 17 South, Range 3 West of the Willamette Meridian; Thence along the east line of the A.B. Stevens Donation Land Claim No. 40, South 00002'19" East a distance of 796.60 feet to the POINT OF BEGINNING of this land to be annexed; Thence continuing along the east line of the A.B. Stevens Donation Land Claim No. 40, South 00'02'19" East a distance of 60.00 feet; Thence along the easterly projection of the northerly right-of-way line of Sterling Park Place and the northerly right-of-way line of Sterling Park Place, South 90000'00" West a distance of 187.04 feet; Thence North 00000'00" West a distance of 5.00 feet to the southeast corner of Lot 1, ALDER WOODS PUD, as recorded August 27, 2014, Reception No. 2014-033783, Lane County Deeds and Records, in Lane County, Oregon; Thence along the east line of said Lot 1, North 00000'00" West a distance of 55.00 feet to the northeast corner thereof, said northeast corner also lies on the south line of Lot 2, BRIDGE WAY, as recorded March 31, 2017, Reception No. 2017-015817, Lane County Deeds and Records; Thence along the south line of said Lot 2 and Lot 1, BRIDGE WAY, and the easterly projection of the south line of said lot 1, South 90000'00" East a distance of 187.00 feet to the point of beginning, all in Lane County, Oregon and containing 11,221 square feet (0.26 acres) of land, more or less. REGISTERED PROFESSIONAL LAND SURVEYORI OREGON JULY 15, 2003 KENT BAKER #59885 RENEWS: 12-31-202A Exhibit C AM Planning Director's Findings and Recommendation: Annexation Request for MULLER, JOSEPH Application Submitted: July 9, 2021 Applicant: Joseph William Muller Jr. Property Included in Annexation Request: Tax Lot 03900 of Assessor's Map 17-03-08-23 Zoning: AG Agricultural Land with an /UL Urbanizable Land Overlay Location: 3840 Gilham Road Lead City Staff: Althea Sullivan, Senior Planner, City of Eugene Planning Division, 541-682-5485 Based on the information provided by the applicant, the City has determined that this request complies with Eugene Code /E[1Section 9.78USAnnexation -Applicability. As such, itissubject 10review and approval in accordance with the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The applicable approval criteria are presented below in bold typeface with findings and conclusions following each. EC 9.7825(l) 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 of water. Complies Findings: The annexation area is within the City's urban growth boundary (UGB) and is contiguous to City limits along the property's north, west, and south boundaries, M n YES NO consistent with subsection (a). EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. 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 M n YES NO provisions within the UGB, including the following policies from the Growth Management section (in italic text): Policy 8. Land within the UGB may be convertedfirom urbanizable to urban only through annexation to a city when it is found that: a. A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. b. There will be a logical area and time within which to deliver urban services andfacilities. Conversion of urbanizable land to urban shall also be consistent with the Metro Plan. (page 11-C-4) PolicylO. Annexation to a city through normal processes shall continue to be the highest priority. (page 11-C-5). MULLER, JOSEPH (A 21-10) October 2021 Page 1 Exhibit C MULLER, JOSEPH (A 21-10) October 2021 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 framefor 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: PolicyA.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 rezonedfor urban uses. The Metro Plan clesignates the annexation area as appropriate for low-density residential use. The Willakenzie Area Plan, (WAP) is the adopted refinement plan for the subject property, which also designates the area for low-density residential use. The property is zoned AG Agricultural with an /UL Urbanizable Land overlay. Policy A.2 noted above, indicates that re -zoning of the property for consistency with the Metro Plan and WAP plans should occur. Changing the base zone of a property requires a separate process from annexation, and a change in the zoning of the property from AG Agricultural will be required prior to any future development. The /UL overlay will be automatically removed from the property upon approval of the annexation. 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. Based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and Willakenzie Area Plan 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 M F-] YES NO provided in an orderly, efficient, and timely manner as detailed below: Wastewater Wastewater service is available via an 8 -inch public main located adjacent to the site in Sterling Park Place. Additionally, a 6 -inch lateral is stubbed to the subject property. Based on the existing service, and stub, wastewater service is available to the subject property. MULLER, JOSEPH (A 21-10) October 2021 Page 2 Exhibit C MULLER, JOSEPH (A 21-10) October 2021 Page 3 Stormwater A 10 -inch stormwater service and catch basins are located at the intersection of Sterling Woods Drive and Sterling park place, near the subject property. At the time of further development of the property, treatment of stormwater will be further evaluated for consistency with City of Eugene policies and plans for treatment. With a variety of options available to provide stormwater treatment, service can be provided in an orderly, efficient, and timely manner. Transportation The property has frontage on Gilham road and Sterling Park Place which connect to other streets allowing access to the greater public street system. In the event further development occurs, additional evaluation of access to the public street system will take place. 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. Communications A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. MULLER, JOSEPH (A 21-10) October 2021 Page 3 Exhibit C 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 ofthe annexation will beset inaccordance with State law. INFORMATIONAL ITEMS: Upon approval of the annexation, the base zoning of AG Agricultural 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 541-682-5377 for more information. 0 Approval of this annexation does not relieve the applicant from complying with applicable codes MULLER, JOSEPH (A 21-10) October 2021 Page 4 Public Schools The subject property is within the boundaries of the Eugene 4.1 School District. 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. 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 ofthe annexation will beset inaccordance with State law. INFORMATIONAL ITEMS: Upon approval of the annexation, the base zoning of AG Agricultural 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 541-682-5377 for more information. 0 Approval of this annexation does not relieve the applicant from complying with applicable codes MULLER, JOSEPH (A 21-10) October 2021 Page 4