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Home My WebLink AboutResolution No. 5370---~----- COUNCIL RESOLUTION NO. 5370 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-24-31, TAX LOT 04500 LOCATED AT 800 RIVER ROAD). PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Groves CONSIDERED: January 23, 2023 • / RESOLUTION NO. 5370 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-24-31, TAX LOT 04500 LOCATED AT 800 RIVER ROAD). The City Council of the City of Eugene finds that: A. An annexation application was submitted on April 20, 2022, by Devon Locke, in accordance with the provisions of Section 9.7810 of the E ugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-24-31, Tax Lot 04500, to the City of Eugene. B. The legal description of the property proposed to be annexed is attached to this Resolution as Exhibit A. A map showing the annexation area is attached to this Resolution as ExhibitB. 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 21, 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 Coun€il would consider the Planning Director 's full recommendation on the proposed annexation on January 23, 2023. 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 17-04-24-31 , Tax Lot 04500 , which is more particularly described in the attached Exhibit A, 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 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 23rd day of January, 2023. / / / Resolution -Page 2 of 2 April 7, 2022 LEGAL DESCRIPTION ANNEXATION APPLICATION TM 17-04-24-31, TL 4500 Exhibit A Branch Engineering Inc. Project No. 2 2-172 ALL THOSE LANDS conveyed in that Warranty Deed from JMH Rentals, LLC to Devon Riley Locke recorded on December 11, 2020 as Reception Number 2020-073093 in the Lane County Oregon Official Records, said lands being more particularly described as follows: BEGINNING at the southwest corner of Lot 1 of PARK AVENUE ADDITION as platted and recorded in Book 9, Page 31 in the Lane County Oregon plat records; THENCE along the westerly boundaries of Lot 1 and 2 of said PARK AVENUE ADDITION North 107.00 feet, more or less, to the southwest corner of Land Partition Plat Number 98-Pl 094 as platted and recorded in the Lane County Oregon Partition Plat Records; THENCE along the southerly boundary of said Land Partition Plat North 88"18'44" East 159.33 feet, more or less, to the westerly margin of the River Road right-of-way, said point also lying 50.00 feet left of River Road Engineer's Station 43+90. 73 as dedicated in that Warranty Deed from Koinonia Ministries to Lane County recorded on February 28, 1989 on Reel 1561R as Instrument Number 8909111, in the Lane County Oregon Official Records; THENCE continuing southerly along said westerly margin 69.05 feet, more or less, on a 2,241.83 foot radius curve to the right through a delta angle of 01 °45'53" with a p 9.05 foot chord bearing South 13 °27'32" East to a point lying 50.00 feet left of River Road Engineer's Station 43+29.00 as dedicated in said Instrument Number 8909111; THENCE continuing along said westerly margin South 32 °42'27" West 14.11 feet, more or less, to a point lying 60.00 feet left of River Road Engineer's Station 43+ 18.81 as dedicated in said Instrument Number 8909111, said point also being on the northerly margin of the Park Avenue right-of-way, and 30.00 feet right of Park Avenue Engineer's Station 10+52.53 as dedicated in said Instrument Number 8909111; THENCE continuing along said northerly margin South 7T07'10" West 49.50 feet, more or less, to a point lying 30.00 feet right of Park Avenue Engineer's Station 11+02.03 as dedicated in said Instrument Number 8909111; THENCE continuing along said northerly margin South 76°44'16" West 92.05 feet, more or less, to a point lying 21. 3 3 feet right of Park Avenue Engineer's Station 12+00.00 as dedicated in said Instrument Number 8909111; THENCE continuing along said northerly margin South 89°00'00" West 29.87 feet, more or less, RETURNING to the POINT of BEGINNING. REGISTERED PROFESSIONAL LAND SURVEYOR DlGJTALLY SIGNED OREGON NOVEMBER 30, 2007 RENEE CLOUGH 69162LS RENEWAL DATE: 12/30/23 / / / V J 3: w <r C z <t ::; <( C) l/) C) ..,. lO tii ~ N N 0 _j N '-N ...: N '-'.::! " -c,, "'l "' "O I c ~ .2 0 <"I )< I Q) C ~ C <t 0 " I r---" I -N _'.;!- Q.. C .2 ~ 0 )< Q) C C ::>< <t / ~ Q) fl) :::, .,.....__ u (/) C 0 '---...J a.. / "O -<i: 0 0 ~ 0:: ~ Q) ~(/) .:'. <r Q:: 0 a C (/) «l (/) "' r--L..J - (/) I N (/) N / -<i: N N 0 N / ,.:.: Exhibit B LAND ANNEXATION FOR DEVON LOCKE NE SW CORNER OF LAND PA/WI/ON PLAI 98-P /094 STU LTS AVE STEPHENS DR HARDY AVE VICINITY MAP NOT TO SCALE SCALE : l "= l 00 ' fm.ancb soo RIV ER RO A D ~l 1 NEEklNG; ., .. .,, LEGEND REG IST ERED PROFESS IONA L LAND SURV E YOR DIGITALLY SIGNED OREGON NOVEMBER 30 . 2007 RENEE CLOUGH 69162 L S 30, 2023 -2'¼4 CITY LIMITS Im) LANDS TO 8£ ANNEXED I I /:XIS /ING STRUC TU RE *LO I X* IJLNOl l:S LO I WI/HIN PARK AVENUE ADDITION NOTES 1. C/IY UM/IS 130UNIJAHll:S SHOWN Pl:H IHI: C/IY OF EUGENE ON-LINE IN TERAC TI VE ZONING MAP ON JUNE 5, 2020. 2. NO EASEMENT OR OTHER RECORDED RESTRICTIONS ARE KNOWN TO EX IST ON THE SITE. SHEET 1 O F 1 ANNE XATION MAP / / APRIL 20 , 20 22 3 1 0 5th Street , Springfie ld OR 97477 I p : 541 . 746 .0637 I www .branchengineering.com Project No : 22-172 • Planning Director's Findings and Recommendation: Annexation Request for 800 RIVER ROAD (City File: A 22-6) Application Submitted: April 20, 2022 Applicant: Devon Locke Property Included in Annexation Request: Tax Lot 04500 of Assessor's Map 17 -04-24-31 Zoning: R-1 Low-Density Residential with an /UL Urbanizable Land Overlay Location: 800 River Road Exhibit C 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 northern and eastern 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 I--=~-=---< ~ D encouraging compact urban growth to achieve efficient use of land and urban service YES NO 800 RIVER ROAD (A 22-6) 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 I/-C-4} Policy 10 . Annexation to a city through normal processes shall continue to be the highest priority . (page I/-C-5). / September 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 I/-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, and also designates the area for low density residential use. At the time the annexation application was filed, the site was zoned R-2 Medium-Density Residential, but the property has since been re-zoned R-1 Low-Density Residential which is consistent with both the Metro Plan and RR/SC UFP . The zone change was approved on December 22, 2022 and became effective January 5, 2023. The property is now zoned R-1 Low-Density Residential with a /UL overlay. 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 >--~~,-'-~~-< 1:8:J D boundary in which the minimum level of key urban facilities and services can be YES NO 800 RIVER ROAD (A 22-6) provided in an orderly, efficient, and timely manner as detailed below: September 2022 / / Page 2 800 RIVER ROAD (A 22-6) Exhibit C Wastewater The subject property is already served by the public wastewater system (see sewer connection record 30276). Stormwater At the time of further development of the property, treatment of stormwater will be 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 Park Avenue and River Road, both of which are public streets . 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. / / 7 September 2022 Page 3 Exhibit C 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 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 . 800 RIVER ROAD (A 22-6) Septe mber 2022 Page 4