HomeMy WebLinkAboutResolution No. 5343COUNCIL RESOLUTION NO. 5343
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-14-14, TAX LOT 1700 LOCATED AT 135
KOURT DRIVE)
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: EVANS
CONSIDERED: January 10, 2022
Eugene
RESOLUTION NO.5343
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-14-14, TAX LOT 1700, LOCATED AT 135
KOURT DRIVE).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on November 2, 2021, by Michael
Scnear, on behalf of the property owner, Roser and Scnear Investments, LLC, in accordance with
the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified
as Assessor's Map 17-04-14-14, Tax Lot 1700, 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 December 10, 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
River Road Community Organization. The notice advised that the City Council would consider
the Planning Director's full recommendation on the proposed annexation on January 10, 2022.
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 17-04-14-14, Tax Lot 1700 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.
Resolution - Page 1 of 2
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
Agricultural Land and R-1 Low -Density Residential, with an /JL Urbanizable Land Overlay to
AG Agricultural Land and R-1 Low -Density Residential shall become effective in accordance with
State law.
The foregoing Resolution adopted the loth day of January, 2022.
t4'I;6A,'
Dep ty Recorder
Resolution - Page 2 of 2
Exhibit A
LAND ANNEXATION FOR
TAX LOT 17-04-14-14-1700
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LANE COUNTY, OREGON
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Exhibit B
LEGAL DESCRIPTION:
Beginning at a point 481.8 feet North and 2248.95 feet East of the Southwest corner of
Joseph Davis Donation Land Claim No. 48, Township 17 South, Range 4 West of the
Willamette Meridian;
Thence West, 68.15 feet;
Thence South 303.30 feet to the northerly right-of-way line of Kourt Drive;
Thence along the northerly right-of-way line of Kourt Drive, 20.0 feet northerly and
parallel with the centerline, South 890 52' East, 68.15 feet;
Thence North 303.46 feet to the Point of Beginning, all in Lane County, Oregon.
REGISTERED
PROFESSIONAL
LAND SURVEYO
OREGON
JULY 15, 2003
KENT BAKER
#59885
RENEWS: 12-31-20 21
Exhibit C
AM Planning Director's Findings and Recommendation:
W
Annexation Request for 135 KOURT DRIVE
(City File: A 21-15)
Application Submitted: November 2, 2021
Applicant: Michael Scnear
Property Included in Annexation Request: Tax Lot 01700 of Assessor's Map 17-04-14-14
Zoning: Split zoned AG Agricultural Land and R-1 Low -Density Residential, with an /UL Urbanizable Land
Overlay
Location: 135 Kourt Drive
Lead City Staff: Althea Sullivan, Senior Planner, City of Eugene Planning Division, 541-682-5485
EVALUATION:
Based on the information provided by the applicant, the City 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 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(1) 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 northern and western boundaries,
®
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
®
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 converted from 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
and facilities. Conversion of urbanizable land to urban shall also be
consistent with the Metro Plan. (page II-C-4)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page II-C-5).
135 KOURT DRIVE (A 21-15) November 2021 Page 1
Exhibit C
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:
PolicyA.2 Residentially designated land within the UG8 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 consistent with the R-1 Low -Density Residential zoning already
existing on a portion of the subject property. A separate zone change process will be
required to change the portion of the property zoned AG Agricultural Land, prior to any
future development of that portion of the site for planned residential uses. The /UL
overlay will be automatically removed from the property upon approval of the
annexation.
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.
Based on the findings above, the proposal is consistent with the applicable policies of the
Metro Plan and RR SC UFP.
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:
135 KOURT DRIVE (A 21-15) November 2021 Page 2
Exhibit C
Wastewater
Wastewater service is available via an 8-inch public main located adjacent to the site in
Kourt Drive. Based on the existing service, wastewater service is available to the subject
property.
Stormwater
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 Kourt Drive which is a public street that connects 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.
135 KOURT DRIVE (A 21-15) November 2021 Page 3
Exhibit C
Public Schools
The subject property is within Eugene School District 4.1 and is within the district
boundary of Howard Elementary School, Kelly 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.
ViTRaTM111-9701
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 of the annexation will be set in accordance with State law.
INFORMATIONAL ITEMS:
Upon approval of the annexation, the base zoning of R-1 Low -Density Residential and 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.
• Approval of this annexation does not relieve the applicant from complying with applicable codes
and statutory requirements.
135 KOURT DRIVE (A 21-15) November 2021 Page 4