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HomeMy WebLinkAboutResolution No. 5365COUNCIL RESOLUTION NO. 5365 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-24-21, TAX LOTS 04701 AND 04800 LOCATED EAST OF THE INTERSECTION OF LORETTA WAY AND DENIS DRIVE) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: July 25, 2022 • RESOLUTION NO. 5365 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-24-21, TAX LOTS 04701 AND 04800 LOCATED EAST OF THE INTERSECTION OF LORETTA WAY AND DENIS DRIVE). The City Council of the City of Eugene finds that: A. An annexation application was submitted on April 20, 2022, by Pritchard Joint Trust, in accordance with the provisions of Section 9. 7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-24-21 Tax Lots 04701 and 04800, 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 June 24, 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 River Road Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on July 25, 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 17-04-24-21, Tax Lots 04701 and 04800, which is more particularly described in the attached Exhibit B, is annexed to the City of Eugene. Resolution -Page I 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 R-1 Low- 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 25th day of July, 2022. Resolution -Page 2 of 2 Vl ;:: w 0:: C) z <( ::::!: <( 0 N 0 0 co 0 "II' N N ~ 0 ~ -~ ~ st "' 3: "II' -c, ci. 0 ..J ::::!: C t-! ~ 0 .. X Q) -C C\I C :> I 1/J "II' "' C C\I 'ii, I e "II' 9- 0 C 0 I :;; 0 " X Q) -C C <( Cl. / Q) ~ 1/J ::::, -c, C >< 0 ? ~ C 0 :;; VJ' 0 X Q) C '---' C Q.. <( .::( I ~ >, 0 ;:: Y> :§ a::: Q) 0 c5 (/) ...J (/) O> Lu ~ (/) I N (/) N .::( / N N 0 N / N LOT 5 BLOCK 2 T\. 5000 LAND ANNEXATION FOR PRITCHARD JOINT TRUST NE 1/4, NW 1/4, SEC 24, T17S, R4W, WM EUGENE, LANE COUNTY, OREGON LOT 6 BLOCK 2 'fL 4900 T\. 4500 00 ----+-----I z LOT 1 BLOCK 4 LOT 9 BLOCK 2 LORRETA WAY LOT 10 BLOCK 2 13:l Q , / / 7 // 1/ 1// //1/. 1/~ / 510 1/ / /'.? / / 1/ 1/ / ~/ /LOT 5 4'J9'oo·E 15.50 1//'1//// E CORNER OF LOT J / . 1// 1 :szJO ;2/ . F ~m;-4;/_ VICINITY MAP NOT TO SCALE LEGEND wa CITY LIMITS l3<$WI LANDS TO BE ANNEXED NOTES 1. CITY LIMITS BOUNDARIES SHOWN PER THE * CITY OF EUGENE ON-LINE INTERACTIVE . , , ZONING MAP ON APRIL 1, 2022. 2. NO KNOWN PRIVATE OR PUBLIC EASEMENTS EXCEPT FOR WHAT IS SHOWN ARE KNOWN TO EXIST ON SITE. SCALE : 1 "= 1 00' SHEET 1 OF 1 ~anch LORETTA WAY-300 BLOCK ANNExAT10NMAP '\~INEERI NG~ ____________________ A_PR_IL_l_S_, 2_0_22 Slft«J977 310 5th Street, Springfield OR 97477 I p: 541.746.06 37 I www.branchengineering .com Project No: 22 -189 May 26, 2022 LEGAL DESCRIPTION ANNEXATION APPLICATION TM 17-04-24-21, TLs 4701 & 4800 Branch Engineering Inc. Project No. 22-189 Exhibit B ALL THOSE LANDS conveyed under Parcel 2 ht that Warranty Deed from Walter H. Pritchard Jr. and Mary K. Pritchard to Walter H. Pritchard Jr and Mary K. Pritchard, Trustees of the Pritchard Joint Trust recorded on April 1, 2004 as Reception Number 2004-023562 in the Lane County Oregon Official Records, said lands being more particularly described as follows: BEGINNING at the southeast corner of Lot 3, Block 4 of NEWMANS TRACT as platted and recorded in Book 12, Page 5 in the Lane County Oregon Plat Records; THENCE along the southerly boundary of said Lot 3 West 309.88 feet, more or less, to the centerline of the Denis Drive right-of-way, as vacated in Book 313, Page 8 in·the Lane County Oregon Official Records; THENCE along said centerline North 110.00 feet, more or less, to the southerly margin of the Loretta Way right-of-way; THENCE along said southerly margin East 20.00 feet, more or less, to the easterly margin of the Denis Drive right-of-way; THENCE along said easterly margin North 96.80 feet, more or less, to a point on a line lying parallel to and 2 7 .00 feet southerly by perpendicular measurement of the north line of Lot 2, Block 4 of the aforesaid NEWMANS TRACT; THENCE along said parallel line East 215.36 feet, more or less, to the easterly plat boundary of said NEWMANS TRACT; THENCE along said easterly plat boundary South 19"2 7'00" East 204.38 feet to an angle point; THENCE continuing along said easterly plat boundary South 24"39'00" East 15.50 feet, more or less, RETURNING to the POINT of BEGINNING. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON NOVEMBER 30, 2007 RENEE CLOUGH 69162LS RENEWAL DATE: 12/30/23 Planning Director's Findings and Recommendation: Annexation Request for PRITCHARD JOINT TRUST (City File: A 22-7) Application Submitted: April 20, 2022 Applicant: Pritchard Joint Trust Exhibit C Property Included in Annexation Request: Tax Lots 04701 & 04800 of Assessor's Map 17-04-24-21 Zoning: R-1 Low-Density Residential with an /UL Urbanizable Land Overlay Location: East of the intersection of Loretta Way and Denis 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 subject property is within the Urban Growth Boundary and is contiguous to >--=~~=----< ~ D City limits on its eastern, southern, and western borders, 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 1-=~~=-----l ~ D 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 sectio_n (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 anfi 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 I/-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II-C-5). PRITCHARD JOINT TRUST (A 22-7) June 2022 Page 1 EC 9.7825(3) 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 II-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, consistent with the subject property's existing R-1 Low-Density Residential zoning. 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 refinement plan. 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 >--=~r-----==i [g] D 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 is available via an 8-inch line which is located in Loretta Way. A specific plan for service to the site will be reviewed at the time of future development. PRITCHARD JOINT TRUST (A 22-7) June 2022 Page 2 Exhibit C 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 is located at the intersection of Loretta Way and Denis Drive, both of which are public streets 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. Public Schools The subject property is within Eugene School District 4J 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 PRITCHARD JOINT TRUST (A 22-7) June 2022 Page 3 Exhibit C 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. INFORMATIONAL ITEMS: • 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 541-682-5377 for more information. • Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. PRITCHARD JOINT TRUST (A 22-7) June 2022 Page 4