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Home My WebLink AboutResolution No. 5379COUNCIL RESOLUTION NO. 5379 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-10-14, TAX LOT 00900 LOCATED ON HYACINTH STREET SOUTH OF TRAVIS AVENUE) PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Leech CONSIDERED: July 10, 2023 H RESOLUTION NO. 5379 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-10-14, TAX LOT 00900 LOCATED ON HYACINTH STREET SOUTH OF TRAVIS AVENUE) The City Council of the City of Eugene finds that: A. An annexation application was submitted on April 7, 2023, by Daniel Force, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-10-14 Tax Lot 00900, 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 9 , 2023, 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 Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on July 10, 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 17-04-10-14, Tax Lot 00900, which is 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 R-1 Low - Density Residential with /UL Urbanizable Land Overlay and /CAS Commercial Airport Safety Overlay to R-1 Low -Density Residential and /CAS Commercial Airport Safety Overlay shall become effective in accordance with State law. The foregoing Resolution adopted the 1 Oth day of July, 2023. Resolution - Page 2 of 2 Exhibit A 1001 41! 14 L 5' 7- 00 800 7OQ 1 AC q ` 0.41 AC LL 0.47 AO 001 w AC 111 N S89°56'E 173.55' 1$n F 800 0 0.45 AC Z 4 N 0. t C 3'1o"w } Z 2D28-96' NORTH OF {p�70' �Cl00 _ SW COR APECK DLC'NO 81 OAS AC ` N89°56'W 174.15' Nt39'S6 W 187, 889°56'E 30f 500 w 0 CTrue Point of , 3 v m o � Beginning m Z N CINNAMON 41311 AVENUE NQ@'6$W 13f.tti' 70' 16a.5' 4400 1002 ),18 AC NH9"5G'Y4 1tl2 e3' _SW Corner Abraham Peck DLC #51 501 0,48 AC ,y n 102,24' 401 b O.37 AC O b 0 SUBJECT PROPERTY VICINITY MAP NOTES v„ 1. CITY LIMIT BOUNDARIES SHOWN PER CITY of € EUGENE ON-LINE INTERACTIVE MAP uwys.m.ry s°n�iQ (EUGMAPS-APP) MARCH 19, 2023. 2. SITE IS CURRENTLY VACANT. REGISTERED 3. NO EASEMENTS OR OTHER RECORDED m< PROFESSIONAL RESTRICTIONS ARE KNOWN TO EXIST ON LAND SURVEYOR THE SITE. OREGON LAND TO BE ANNEXED JULY 15, 2003 �ekF Fen4y Bo0d: kv--_-eobitFkh+--- KENT BAKER nts #59885 CITY LIMITS RENEWS: 12-31-2023 MAP: it 04 1014 Tax Lot 900 SCHIRMER CONSULTING, LLC Scale: 1" = 60' - 0" ANNEXATION MAP Hyacinth Annexation Fuyn,erop� iWU ,. Hyaanlh SVeel, Eugene. OR v4o4 m�.:namz:°n 0 30 60 120 a h.a:M.ye,]°n 2W3.S RMERCONSULTING.LLG Exhibit B Legal Description Beginning at the Southwest corner of the Abraham Peek Donation Land Claim No. 51, Township 17 South, Range 4 West of the Willamette Meridian; thence North 0°04'30" East 2026.96 feet along the West line of said Claim; thence South 89056' East 30.00 feet to the TRUE POINT OF BEGINNING; thence North 0°04'30" East 115 feet; thence South 89°56' East 173.55 feet; thence South 0012' East 115 feet; thence North 89°56' West 174.15 feet to the true point of beginning, in Lane County, Oregon. Exhibit C Planning Director's Findings and Recommendation: Annexation Request for DANIEL FORCE (City File: A 23-1) Application Submitted: April 7, 2023 Applicant: Daniel Force Property Included in Annexation Request: Tax Lot 00900 of Assessor's Map 17-04-10-14 Zoning: R-1 Low -Density Residential with an /UL Urbanizable Land Overlay and /CAS Commercial Airport Safety Overlay Location: On Hyacinth Street, south of Travis Avenue Lead City Staff: Nicholas Gioello, Associate Planner, City of Eugene Planning Division, 541-682-5453 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 City limits on its northern border, 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). DANIEL FORCE (A 23-1) 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 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. 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: Wastewater Public wastewater is available via an 8-inch line located in Hyacinth Street. A specific plan for service to the site will be reviewed at the time of future development. DANIEL FORCE (A 23-1) Page 2 Exhibit C As an informational item, there is a wastewater assessment for this tax lot which will need to be paid prior to any additional development on the subject property. Stormwater Public stormwater facilities are not available in the area. Soil type indicates moderate to poor infiltration rates so infiltration testing may be necessary for future development. 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 on Hyacinth Street, which is identified as a Minor Collector and is owned and maintained by Lane County Public Works. It is paved, but lacks curb and gutter, sidewalks, street trees and streetlights. A Facilities Permit through Lane County may be required for access connection at time of development. 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. DANIEL FORCE (A 23-1) Page 3 Exhibit C Public Schools The subject property is within Eugene School District 4.1 and is located within the district boundary of Spring Creek 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 and /CAS Commercial Airport Safety Overlay 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. DANIEL FORCE (A 23-1) Page 4