HomeMy WebLinkAboutResolution No. 5348COUNCIL RESOLUTION NO. 5348
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-03-28-40, TAX LOT 1101 LOCATED AT 110
S. GARDEN WAY)
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: February 28, 2022
Eugene
RESOLUTION NO. 5348
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-03-28-40, TAX LOT 1101, LOCATED AT 110 S.
GARDEN WAY).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on September 21, 2021, by David and
Patricia Kersey, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971,
("EC") to annex property identified as Assessor's Map 17-03-28-40, Tax Lot 1101, 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 January 28, 2022, 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 Harlow
Neighbors. The notice advised that the City Council would consider the Planning Director's full
recommendation on the proposed annexation on February 28, 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 17703-28-40, Tax Lot 1101, 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 with /UL Urbanizable Land Overlay to AG Agricultural with /ND Nodal
Development Overlay shall become effective in accordance with State law.
The foregoing Resolution adopted the 28th day of February, 2022.
City Recorder
Resolution - Page 2 of 2
Exhibit A
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Exhibit B
Legal Description of Affected Territory to be Annexed
(Tax Lot #1101)
A unit of land being situated in the Southeast 1/4 of Section 28, Township 17 South,
Range 3 West of the Willamette Meridian, said unit of land being more particularly
described as follows:
Commencing at the Southeast corner of the M. Harlow Donation Land Claim No. 57
located in Township 17 South, Range 3 West of the Willamette Meridian;
Thence along the east line of Donation Land Claim No. 57 and the centerline of Garden
Way, North 02°09'44" East a distance of 2887.42 feet;
Thence leaving the east line of Donation Land Claim No. 57 and the centerline of
Garden Way, North 89°50'16" West a distance of 20.01 feet to a point on the westerly
right-of-way line of Garden Way and the POINT OF BEGINNING of this land to be
annexed;
Thence along the westerly right-of-way line of Garden Way, 20.00 feet westerly and
parallel with the centerline, South 02°09'44" West a distance of 197.75 feet to a point on
the northerly boundary of the "Q" Street Diversion Floodway as recorded June 15, 1959
as Instrument No. 72960, Lane County Deeds and Records, in Lane County, Oregon;
Thence along the northerly boundary of the "Q" Street Diversion Floodway as follows:
South 86°09'20" West a distance of 190.82 feet;
Thence along the arc of a 2793.79 foot radius curve to the right with a central angle of
02017'55" (the chord of which bears South 87'18'18" West a distance of 112.08 feet)
and an arc length of 112.08 feet to the most southerly -southeast corner of Parcel 3,
Land Partition Plat No. 2000-P1373;
Thence leaving the northerly boundary of the "Q" Street Diversion Floodway and
running along the easterly boundary of said Parcel 3, North 02009'44" East a distance of
216.68 feet to an interior corner of said Parcel 3;
Thence running along the southerly boundary of said Parcel 3 and the easterly
projection thereof, South 89050'16 East a distance of 301.63 feet to the point of
beginning, all in Lane County, Oregon and containing 62,720 square feet (1.44 acres) of
land, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 15, 2003
KENT BAKER
#59885
RENEWS: 12-31-2021
Exhibit C
Planning Director's Findings and Recommendation:
Annexation Request for DAVID & PATRICIA KERSEY
(City File: A 21-12)
Application Submitted: September 21, 2021
Applicant: David and Patricia Kersey
Property Included in Annexation Request: Tax Lot 01101 of Assessor's Map 17-03-28-40
Zoning: AG Agricultural with /UL Urbanizable Land Overlay
Location: 110 South Garden Way
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 all boundaries, 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
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 11-C-4)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page 11-C-5).
DAVID & PATRICIA KERSEY (A 21-12) January 2022 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:
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 high -density
residential use and identifies the property as located within the Nodal Development
Area. Per Eugene Code 9.7820(3)(a) any land identified as a Nodal Development Area
shall be automatically included in the Eugene /ND Nodal Development Overlay Zone
upon annexation.
The property is currently zoned AG Agricultural with /UL Urbanizable Land overlay. In
accordance with EC 9.7820(3), the /UL overlay will be automatically removed from the
property and the /ND overlay will be added following annexation approval. It is noted
that prior to new development on the site, the property will still need to be rezoned
consistent with the Metro Plan and applicable refinement plan designations.
The Willakenzie Area Plan (WAP) is the adopted refinement plan for the subject
property. The subject property is located within the WAP's Chase Gardens Subarea. The
WAP designates the property for high -density residential use within the mixed -use
subarea. With regard to applicable policies of the WAP, none of the listed policies for this
subarea appear to be directly applicable to the subject property except Policy and
Proposed Actions (11) which states, "Upon annexation and prior to land division or
development, properties located along or east of Garden Way shall rezone to S-CN Chase
Node Special Area Zone". Based on this Policy, the property should rezone to S-CN Chase
Node Special Area Zone prior to development of the site. The proposed annexation does
not conflict with any of the Land Use Policies or Residential Policies in the WAP. The
"Public Facilities and Services Element" policies of the WAP are directed at local
government; however, the premise of these policies (regarding the provision of urban
services) is the assumption that the properties 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.
DAVID & PATRICIA KERSEY (A 21-12) January 2022 Page 2
Exhibit C
Therefore, based on the findings above, the proposal is consistent with the applicable
policies of the Metro Plan and the WAP 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 timelv 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
Wastewater service is available via the existing wastewater system within South Garden
Way which abuts the subject property. Based on the proximity to the service, 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 South Garden Way 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.
DAVID & PATRICIA KERSEY (A 21-12) January 2022 Page 3
Exhibit C
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.
Public Schools
The subject property is within Eugene School District 4J and is within the district
boundary of Holt Elementary School, Monroe Middle School, and Sheldon 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 of the annexation will be set in accordance with State law.
DAVID & PATRICIA KERSEY (A 21-12) January 2022 Page 4