HomeMy WebLinkAboutResolution No. 5380COUNCIL RESOLUTION NO. 5380
RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (ASSESSOR'S MAP 18-03-03-40, TAX LOT 01001
LOCATED EAST OF THE TERMINUS OF ROCKCRESS
ROAD)
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Leech
CONSIDERED: July 10, 2023
RESOLUTION NO. 5380
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 18-03-03-40, TAX LOT 01001 LOCATED EAST OF
THE TERMINUS OF ROCKCRESS ROAD)
The City Council of the City of Eugene rinds that:
A. An annexation application was submitted on April 17, 2023, by ACAK Irrevocable
Trust, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to
annex property identified as Assessor's Map 18-03-03-40, Tax Lot 01001, 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 , 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 Laurel Hill
Valley Citizens neighborhood association. 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 18-03-03-40, Tax Lot 01001, 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 AG
Agricultural with /UL Urbanizable Land Overlay to AG Agricultural shall become effective in
accordance with State law.
The foregoing Resolution adopted the loth day of July, 2023.
Resolution - Page 2 of 2
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Exhibit A
LAND ANNEXATION FOR
A CAK IRREVOCABLE TRUST
TAX MAP 18-03-03-40, TAX LOT 1001
EUGENE, LANE COUNTY, OREGON
E 19TH AVE
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VICINITY MAP
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CITY LIMITS, EUGENE
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� CITY LIMITS, SPRINGFIELD
® LANDS TO BE ANNEXED
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
URBAN GROWTH BOUNDARY O R E G O N
O BOUNDARY COURSE. SEE NOVEMBER 30, 2007
SHEET 2. RENEE CLOUGH
ORIGHT—OF—WAY STATION 69162LS
A AND OFFSET. SEE SHEET EXPIRES1 December 30, 2023
2.
kTNOTES
1. CITY LIMITS BOUNDARIES SHOWN PER THE LANE COUNTY
ONLINE MAPS APPLICATION AS OF APRIL 2023.
NOT TO SCALE 2. NO EASEMENT OR OTHER RECORDED RESTRICTIONS ARE
SCALE: 1°=500 KNOWN TO EXIST ON THE SITE. SHEET 1 OF Z
anch ROCKCRESS RD ANNEXATION MAP
GINEERING= APRIL 25, 2023
sh.,�
310 5th Street, Springfield OR 97477 1 p: 541.746.0637 I www.branchengineering.com Project No: 23-160
Q
LAND ANNEXATION FOR
A CAK IRREVOCABLE TRUST
TAX MAP 18-03-03-40, TAX LOT 1001
EUGENE, LANE COUNTY, OREGON
BOUNDARY COURSES
OS00'2322"W
550.14
O2
S89'45'00"E 961.05
3O
N56'49'45"E 529.44
4O
N46'08' 11 "W 471.44
O5
L: 316.23, R: 1132.4, CH: N39'27'00 "W 315.2
ON42'33'00"E
150.00
7O
N57'48'30"W 429.73
OS00'07'30'W
647.48
ON89'45'00"W
596.64
RIGHT-OF-WAY STATION AND OFFSET
AO 267+00 100.0 W'LY
BO 2624-00 300.0 W'LY
OC 258+00 300.0 W'LY
OD 258+00 150.0 W'LY
EO 253+ 16.35 155.01 SW'LY
SCALE: 1 "=500'
anch ROCKCRESS RD
GINEERING_
310 Sth Street, Springfield OR 97477 1 p: 541.746.0637 1 www.branchengineering.com
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
NOVEMBER 30, 2007
RENEE CLOUGH
69162LS
EXPIRES: December 30, 2023
SHEET 2 OF 2
ANNEXATION MAP
APRIL 25, 2023
Project No: 2 3 -160
Exhibit B
LEGAL DESCRIPTION
Lying in the Easterly V2 of Section 3, Township 18 South, Range 3 West of the Willamette
Meridian, being those lands conveyed as Parcel I of that Warranty Deed from Castle
Ridgetop Investments, LLC to the ACAK Irrevocable Trust recorded on September 20,
2022 as Reception Number 2022-039893 in the Lane County Oregon Official Records,
said lands being more particularly described in said deed as follows:
BEGINNING at the West Northwest corner of the Daniel McVey Donation Land Claim No.
63 in Township 18 South, Range 3 West of the Willamette Meridian;
THENCE South 00'23'22" West along the West line of said Claim No. 63 a distance of
550.14 feet;
THENCE leaving said Claim line and run South 89'45' East 961.05 feet;
THENCE run North 56°49'45" East 529.44 feet, more or less, to a point on the Westerly
right-of-way line of Pacific Highway No. 1-5, said point being 100.0 feet Westerly of
(when measured at right angles) the Engineers Centerline Station 267+00;
THENCE run Northwesterly along said right-of-way line North 46'08'11" West 471.44
feet, more or less, to a point that is 300.0 feet Westerly of (when measured at right
angles) the Engineers Centerline Station 262+00;
THENCE continuing along said right of way line along the arc of a 1132.4 foot radius
curve left (the chord of which bears North 39°27' West 315.2 feet) a distance of 316.23
feet to a point that is 300.0 feet Westerly of (when measured at right angles)
Engineers Centerline Station 2S8+00;
THENCE North 42`33' East along said right of way line 150.0 feet to a point that is 150.0
feet Westerly of (when measured at right angles) Engineers Centerline Station
258+00;
THENCE North 57'48'30" West along said right of way line a distance of 429.73 feet,
more or less, to a point on the East line of the Chas. B. Sweet Donation Land Claim
No. 38, said point being 155.01 feet Southwesterly of (when measured at right angles)
Engineers Centerline Station 253+16.35;
THENCE leaving said right of way line and run South 00°07'30" West along the East line
of said Sweet Donation Land Claim line a distanc of G47.48 feet, more or less, to the
Southeast corner of said weet Donation Land Claim No. 38;
THENCE North 89`45' Nest along the South line of said Sweet Donation Land Claim a
distance of 596.64 feet to the point of beginning, in Lane County, Oregon.
Exhibit C
Planning Director's Findings and Recommendation:
Annexation Request for ACAK IRREVOCABLE TRUST
(City File: A 23-2)
Application Submitted: April 17, 2023
Applicant: ACAK Irrevocable Trust
Property Included in Annexation Request: Tax Lot 01001 of Assessor's Map 18-03-03-40
Zoning: AG Agricultural with an /UL Urbanizable Land Overlay
Location: East of the terminus of Rockcress Road
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 western 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 II-C-4)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page II-C-S).
DANIEL FORCE (A 23-1) July 2023 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 low -density
residential use. The Laurel Hill Plan and the South Hills Study are the adopted refinement
plans for the subject property. The Laurel Hill Plan also identifies the area as appropriate
for low -density residential; however, neither plan includes policies that would serve as
mandatory approval criteria for the proposed 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 upon annexation of a property. It is noted that prior to new residential
development on the site, the property will need to be rezoned to R-1 Low -Density
Residential consistent with the Metro Plan and applicable refinement plan designations.
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 the Laurel Hill Plan refinement plan, and the South Hills Study.
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 at the southwest corner of the
subject property. A specific plan for service to the site will be reviewed at the time of
future development.
DANIEL FORCE (A 23-1) July 2023 Page 2
Exhibit C
StnrmwatPr
Public stormwater facilities are available within the rights -of -way of Rockcress Road and
Cascara Drive. At the time of further development of the property, it will be necessary
to check the downstream capacity. With a variety of options available to provide
stormwater treatment, service can be provided in an orderly, efficient, and timely
manner.
Transportation
Public access to the subject lot is located along the western boundary where Rockcress
Road terminates. Rockcress Road provides a connection to Brackenfern Road which
provides access to the Glenwood Boulevard and other main collectors, arterials and the
1-5 Interstate. Fire and emergency access and future street connections will be reviewed
at the time of future 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 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 4.1 and is located within the district
boundary of Edison Elementary School, Roosevelt Middle School, and South Eugene High
DANIEL FORCE (A 23-1) July 2023 Page 3
Exhibit C
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 AG Agricultural will remain; however, the /UL
Urbanizable Lands overlay will be automatically removed from the annexation area. Prior to new
residential development on the site, the property will need to be rezoned to R-1 Low -Density
Residential consistent with the Metro Plan and applicable refinement plan designations. 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) July 2023 Page 4