HomeMy WebLinkAboutResolution No. 4963
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COUNCIL RESOLUTION NO. 4963
A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (KOESTER/HAGGARD/CARROLL).
PASSED: 7:1
REJECTED:
OPPOSED: Clark
ABSENT:
RECUSED:
CONSIDERED: January 26, 2009
RESOLUTION NO. 4963
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(KOESTER/HAGGARD/CARROLL).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by David Koester, Pam Haggard, and
Jon Carroll on July 23, 2008, in accordance with the provisions of Section 9.7810(2) of the
Eugene Code, 1971, ("EC") for annexation to the City of Eugene of the property located at 687
River Avenue, Eugene Oregon (Assessor's Map 17-04-13-00, Tax Lot 3400).
B. Pursuant to EC 9.7815, the Planning Director recommended modification of the
application to include a 260foot section of the Beaver Street right-of-way contiguous to the
territory proposed to be annexed. This modification will not cause incorporated property to be
surrounded as described in ORS 222.750.
C. The territory proposed to be annexed, which includes the property located at 687
River Avenue and the 260-foot section of the Beaver Street right-of-way, is depicted on the map
attached as Exhibit A to this Resolution. The property located at 687 River Avenue, Eugene
Oregon (Assessor's.Map 17-04-13-00, Tax Lot 3400) is described in Exhibit B attached to this
Resolution. The 260- foot section of the Beaver Street right-of-way contiguous to the territory
proposed to be annexed is described in Exhibit C attached to this Resolution.
D. The City's Planning Director has submitted a written recommendation that the
application be approved based on the criteria ofEC 9.7825.
E. On December 19, 2008, a notice containing the street address and a description of
the land proposed to be annexed and the Planning Director's recommendation was mailed to the
applicants, owners and occupants of property within 500 feet of the subject property, and the
River Road Community Organization. The notice advised that the City Council would consider
the Planning Director's recommendation on the proposed annexation on January 26, 2009.
F. 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 Recommendation
and Findings attached as Exhibit D which are adopted in support of this Resolution, it is ordered
that the land depicted on the map attached as Exhibit A, and described on the attached Exhibits B
and C 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
C,?uncil. The annexation and automatic rezoning of the land pursuant to EC 9.7820(3) shall be
effective upon the date a copy of this Resolution is filed with the Secretary of the State of
Oregon.
The foregoing Resolution adopted the 26th day of January, 2009.
J/I/LCZ If=l'tJfiiA
City Recorder
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00218570.DOC
Resolution - Page 2 of 2
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Attachment A
Exhibit B
DESCRIPTION OF TAX LOT 3400
ASSESSOR'S MAP NO. 17 04 13
22 'July 200S'
"0 Beginning at' the southeast corne'r- .,Of" Lot or Tract "HI! . ,in. ,the plat
,of POTTERS'S SURVEY, beingCou1'lty':,:Sur~ey' :liO.~ '6i\6." ,(j'f 'the surveys
;: of Lone Gounty I Oregon, recorded, .on Page 255 i Volume "W" of the
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_~ Deed Records of said Countyan4', runn'i-Jltg"thence along the westerly
right"of-w~y line of Beaver Street, N'o,rthl0311,OO" E'ast 16.50
" feet .t.o a. ,point ,on the northe~ly, right-Qf~W,e.-Y,~lne:,.,o,f, River
Avenue.~ ~t' E.ngineer' S ,Station 3~:t24'~ 0'3.1; ,.:ai'4',',_~b'i'nt,J)e*t.ig:':3:3 ~O,p,
feet:.ft.om tlle centerline o~ ,~i~~J;' 'Av~n~e:',wh'en-:>mea~\ii;'~a :at: tlfht
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Attachment A
Exhibit C
Annexation Description of Beaver Street
Between Belt Line Highway and River Avenue
A tract of land located in the Northeast one-quarter of Section 13 in Township 17 South,
Range 4 West of the Willamette Meridian being that portion of county road number XXX
commonly know as Beaver Street being more particularly described as follows:
Beginning at the Southwest corner of the L. Poindexter Donation Land Claim no. 52 in
Township 17 South, Range 4 West of the Willamette Meridian; thence along the south
line of said DLC no. 52, South 88E51121" East 268.00 feet to a point at the intersection of
River Road and the south li,ne of said DLC no. 52; thence along the centerline of River
Road SouthI5E03'35" East 3017.52 feet to the intersection of River Road and River
Avenue,-thence along the centerline of River Avenue North 82E51' East 2635.41; thence
continuing along said centerline South 88E04'25" East feet 988.73 feet to the westerly
right-of-way line if extended of Beaver Street; thence North 1039'45" East 30.00 feet
along said extension to the TRUE POINT OF BEGINNING of the herein description;
thence North 1 039'45" East 249.41 feet along said westerly right-of-way line of Beaver
Street to the intersection of the southerly right-of-way line of Beltline Highway; thence
u leaving.said,westerlyright~of-wayline-and-running-alongsaid,southerly_right-of-wayJine
of Beltline Highway, South 86049'25" East 40.01 feet to the easterly right-of-way line of
said Beaver Street; thence leaving said southerly right-of-way line of Beltline }lighway
and running along said easterly right-of-way line of Beaver Street South 1039'45" East
258.58 feet to the northerly right-of-way of River Avenue; thence North 73059'59" West
41.29 feet; all in Lane County, Oregon.
Containing 10,160:1: square feet or 0.23:1: acres
Planning Director's Recommendation and Findings:
KoesterlHaggard/Carroll (City File A 08-4)
Attachment A
Exhibit D
Ii
682-5437
EVALUATION:
Based on the information provided by the applicant, the City has determined that thi~ request complies with Eugene
Code (EC) Section 9.7805 Annexation - Applicability. As such, it is subject to revi~w and approval in accordance with
the req~irements, app~ication criteria and procedures ofEC 9.7800 through 9.7835. The applicable approval criteria are
presented below in bold typeface with findings and conclusions following each.
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Com lies
(gJYES D NO
Findings: The annexation area is within the City!s urban growth boundary (DGB), and ts
contiguous to the City limits, consistent with subsection (a). As shown on the applicant's map, the
City limits are contiguous with the subject area of land along the western boundary of the
property .
. EC;9;l~25(2r;~:;~~l~fA~~~~;~~~:~~~~i1~i~iap~~~!1~:~~~i~;i~,th~'~~~~J,.~dln.~ny
Com lies
(gJYES 0 NO
Findings: The proposed annexation area is within the urban growth boundary. Several policies
from the Metro Plan generally support this annexation by encouraging compact urban growth to
achieve efficient use of land and urban service provis,ions within the DGB, including the
following:
C. Growth Management, Goals, Findings and Policies:
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 cmd 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-4).
Polic 16. Ultimatel , land within' the UGB shall be annexed to a ci
rovided with the
KoesterlHaggardlCarroll (A 08-4)
January 2009
Page 1
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) ,
Additionally, both the Metro Plan and the applicable refinement plan, the River Road-Santa Clara
Urban Facilities Plan, designate the annexation area as appropriate for Commercial use. If the
annexation is approved, per EC 9.7820(3), the annexation area will remain zoned R -1, and the IUL
overlay will be automatically removed from the annexation area.
As previously discussed in this subsection, and furtl,ter 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.
Therefore, based on the findings above, the proposal is consistent with the applicable policies of
the Metro Plan and the applicable refmement plan. .
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Com lies
[gIYES D NO
Findings; The proposed annexation will result in a boundary in which the minimum level of key
urban facilities and services can be provided in an orderly, efficient, and timely manner as detailed
below: .
Wastewater
Public Works staff confrrms that wastewater service can be provided to the subject property via an
existing 8-inch gravity wastewater line in River Avenue.
Stormwater
Public Works staff confrrms that stormwater disposal is available via curb and gutter and 12-inch
stormwater line along River Avenue.
Transportation
The subject property abuts Beltline Highway to the north, River Avenue to the south, and Beaver
Street to the east. Belt Line Road is a limited access highway' under OOOT jurisdiction, and direct
access is not allowed from the site. River Avenue is a major collector street adjacent to the subject
property. Public Works staff notes that River Avenue was recently improved to city standards, and
therefore a 5-year street cut prohibition is effective from the date the project went on warranty
after construction.
Beaver Street is a neighborhood collector street under Lane County jurisdiction that is maintained
by the City of Eugene per an intergovernmental agreement. The 260-foot section of street begins
at River Avenue and dead ends at Beltline Road. The road has 14 - 16 feet of paved surface, and
no curb, gutter, nor sidewalk. There are no storm water facilities within Beaver Street. Lane
County Transportation Planning recommends, and City of Eugene Public Works staff concurs,
that thjs section of Beaver Street be included with this proposal for annexation in order to
facilitate an orderly and efficient transition to urbanization ,of the, area.
Annexation will not change the "operational maintenance" responsibilities. A 2005
Intergovernmental Agreement between the City of Eugene and Lane County recognizes a need to
meet requirements to safeguard public welfare and' increase efficiencies in public facility
maintenance. The a eement describes the res onsibilities for 0 erational maintenance of the
Koester/Haggard/Carroll (A 08-4) January 2009 Page 2
street system within the Eugene area. Generally, the agreement requires Lane County to provide
operational maintenance for all streets east of River Road and north of Beltline Road, and west of
River Road and north of Maxwell Road. Operational maintenance includes any shoulder 'and
surface maintenance, drainage maintenance, bridge and structure maintenance, snow and ice
control, guard rails, right-of-way permitting authority and enforcement, maintenance of existing
markings, signing, and operations of traffic signals. This segment of road way is not improved to
urban standards.
Solid Waste
Collection service is provided by private firms. Regional disposal sites and the Short Mountain
Landfill are operated by Lane County.
Water and Electric
Eugene Water and Electric Board (EWEB) Water staff state that there is an existing 6-inch cast
iron water main on the west side of Beaver Street and an existing 6-inch cast iron water main on
the north side of River Avenue. EWEB Water staff indicates that adequate water service can be
made available at the time of development and therefore has no objection to the annexation.
EWEB Electric verifies that electric services are available to the site and has no objection to the
proposed annexation request.
Public Safety
Police protection can be extended to this site upon annexation consistent with service provision
through theCity.JJre,PI()t~~ti(mwi!ll?~upr~vi4~dpy' the~ity of Eugene Fire Department.
Emergency medical services are currently provided on a regl()nalbasis by tlie cities UofEugene and
Springfield to central Lane County and will continue in the same manner upon annexation.
Parks and Recreation
A minimum level of park service can be provided to the proposal area as prescribed in the Metro
Plan. There are existing park facilities located along the Willamette River and the river bank trail
system.
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
Qwest communications and a variety of other telecommunications providers offer
communications services throughout the Eugene/Springfield area.
Public Schools
The subject property is within Eugene School District 4J.
CONCLUSION:
,;
Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the proposed
annexation is found to be consistent with the applica~le approval criteria. Also based upon findings above, the Planning
Director recommends that City Council modify this annexation proposal to include the right of way of Beaver Street
from River Avenue to the dead end at Beltline Road (approximately 260 feet in length). A map and legal description
showing the area subject to annexation are included in the application file for reference. The effective date is set in
accordance with state law.
Koester/Haggard/Carroll (A 08-4)
January 2009
Page 3
I
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INFORMATION:
· In the absence of the City annexing the aforementioned section of Beaver Street, a Lane County Facility Permit
shall be 'required for placement of facilities within the right-of-way of Beaver Street. Facilities and development
includes, but is not limited to, road improvements, sidewalks, new or reconstructed driveway or road approach
intersections, utility placements, excavation, clearing, grading, culvert placement or replacement, storm water
facilities, or any other facility, thing, or appurtenance [LC 15.205(1)]. A Lane County Facility Permit is required
for any existing approach to Beaver Street, in order to verify that the portion of the' approach that is/are within the
County right-of-way meet current County standards [LC 15.205(3)]. Please contact 541-682-6902 or visit
http://www.lanecounty.orglRightOtway/default.htm#forms for information about facility permits.
· For information regarding EWEB requirements at the time of development, please contact Jay Bozievich, EWEB
Water, at 684-4759 and Rich Deluna, EWEHElectric, at 341-8522.
· Approval of this ,annexation does not relieve the applicant from complying with applicable codes and statutory
requirements.
KoesterlHaggardlCarroll (A 08-4)
January 2009
Page 4