HomeMy WebLinkAboutResolution No. 4965COUNCIL RESOLUTION NO. 4965
A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (OLD COBURG ROAD ANNEXATIONIA 08 -7).
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Solomon
RECUSED:
CONSIDERED: February 23, 2009
RESOLUTION NO, 4965
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (OLD
COBURG ROAD ANNEXATION /A 08 -7).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by Alton F. Baker III (on behalf of
Guard Publishing Co.), Steven J. Ward (on behalf of Zacorn LLC and Old Coburg Road LLC),
Charles Ray Berry, Catherine Nannette Berry, Steven Charles LermerBerry, Judith Van, Larry
Harmon, Linda J. Gentry, Sharon L. Harmon, Pam K. Harmon, and D. Gregory Harmon on
October 31, 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:
Address
Assessor's Map
Tax Lot s
89255 Old Coburg Rd
17- 03 -16 -41
400
89295 89297 and 89317 Old Coburg Rd
17- 03 -16 -41
500,600 and 700
89350 Old Coburg Rd
17- 03 -16 -41
800
89344 Old Coburg Rd
17- 03 -16 -41
900
89326 Old Coburg Rd
17- 03 -16 -41
1002
89385 and 89375 Old Coburg Rd
17- 03 -15 -00
900 (portion)
B. The application also includes a 3.19 acre section of the Old Coburg Road right -of-
way contiguous to the property described in paragraph A above.
C. The territory proposed to be annexed, described in paragraphs A and B above, is
depicted on the map attached as Exhibit A to this Resolution. The legal description of the
property described in paragraph A above, and the 3.19 acre section of Old Coburg Road right -of-
way described in paragraph B above is attached to this Resolution as Exhibit B.
D. The City's Planning Director has submitted a written recommendation that the
application be approved based on the criteria of EC 9.7825.
E. On January 23, 2009, a notice containing the street address and a description of
the land proposed to be annexed and the Planning Director's 'preliminary recommendation was
mailed to the applicants, owners and occupants of property within 500 feet of the subject
property, and the Cal Young Neighborhood Association. The notice advised that the City
Council would consider the Planning Director's full recommendation on the proposed
annexation on February 23, 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 C which are adopted in support of this Resolution, it is ordered
that the land depicted on the map attached as Exhibit A, and described in the attached Exhibit B
is annexed to the City of Eugene.
Section 2. This Resolution is effective immediately upon its passage by the City
Council. 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 23rd day of February, 2009,
a � AJ 4a l
Actin City Recorder
Resolution - Page 2 of 2
11 q04wll
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"14 -
Exhibit A
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Annexation Description
. , .
For
•
Chad Drive & Portion, of Tax lot 900 , tax imia . nok 17-03 5 =0
and Tax l X00, 600 7 goo & 1002, tax ma no.
17=034
'A tract of land located in the Southeast one-quarter of Section 16 ' in Town p 17 South, '
.
Range 3 west of the willaniette Meridian being more particularly described as follows ,
BAM 4nning at the Northwest comer ofthe Ashley,C. Stevens also known as the A,
Landers Donation Land Claim no. 45; thence South 1 west 2007 feet along the
west line of said DLt✓ #45; theme leaving said DLC line and run, North 88 0 01'28" west
50.00 few to the TRUE POINT OF BEGINNING of the herein Annexation Description;
. thence 1 °43' 49" East 182.64 feet; thence South 88° 18'.01" East 50:02 feet to the- East
right -of -way line of Old Coburg Road; thence forth 1'°42' 28" East 148.20 feet along said
east right- of-wiy lie; thence North 58 East 75.05- feet to the west right -of-way
line of North dame Farm Road; thence along .said west right-of-way line of North G=
Farm Road - along a• 2914.79 foot -radius curve to the left the long chord of which bps '
South 34 East 3 84,49 feet) a distance of 3 84.77 feet; thence leaving said west .
right-of-way line and nn, South .10 East 126.07 feet; thence South 40
Fast 1 63.32 feet; thence 6 ° 43' oo" west 105 3.11 feet; thence Soxith 31 2'44" East 22.96
. feet; thence South 15 °49'37'' west 307.21 feet; thence South 83 west 280,43 -feet
to the East right -of-way line of Old Coburg Road; thence South 1 'Vest 180.43
feet; thence North 88 0 16'01"" west 50.00 feet; thence North 1 East 1363,30 feet; '
• thence North 88 °00'.58" west 199.99 feet; thence North 1,°5843" East 235.56feet.,
thence South 88 East 200.00 feet; thence North 1 East 37.50 feet; thence
North 88 1 00.'58" west 529.16 feet; thence North 1 1 58'43" East 135,29 feet; thence South
88 East 529-16 feet to the due point of beginning, all in La�ae County, Oregon. .
• " "Containing '19.681acres or 856835,2+ sq.ft.
- � Also: -
Be **g. at the Northwest corner of the Ashley C. Stevens also mown as the, A. .
Landers Donation Land Claim no,'45; thenc6 South 1 0 58 9 43" west 20.07 feet along the
west Dine of said DLC ##45; thence leaving said DLC line and run, Forth 88 west
50.00 feet; thence 1 °43'49" East 182,54 feet; thence South 88 1 18'01" F ast 50.02 feet to
the East fight -af -way line of-Old Coburg Road; thence North 1 0 42'28" East 148.20 feet
along said east right -6of -way line; thence North 58'50'48" East 75-05 feet to the west
riot-4-way line of Noah Game FarmRoad; thence along said west right -of vvay line of
Forth Game Farm load along a 2914.79 foot radius curve to the left the long chord of
which beam South 34 °06' 06" East 3 84.49 feet) a distance of 3 84.77 feet; thence leaning
said west right -o_ f -way line and run, South 10' 2'2T' East 126.07 feet; thence South
40 °04' 00" East 163,32 feet; thence 6 °43' 00" west 1053.11 feet; thence South 3.1 °32'44" .
East 122.91 feet to the TRUE POW OF BEGRiNING of the -herein Annexation '
description; thence South 33 East 79,32 feet; thence South 17 West 93.10
feet; thence South 45"22'13" west 62.77 feet; thence South 83 °23'27" Nest 29.27 feet;
thence North 15 37" East 210.24 feet• to the point of beginning, all in Lane County,
. Oregon.
Contaanin9 0.22+ ages or 9,536.5 sq.ft.
Total acres within annexation 19.90
y
Exhibit C
Planning Director's Findings and Recommendation
Annexation Request for Old Coburg Road /Chad Drive Extension
(City File A 08 -'n
Application Submitted: October 31, 2008
Properties Included in Annexation Request:
Property Owner Address Assessor's Map
Tax Lots
Old Coburg Road Right -of -Way
Guard Publishing Co. 89255 Old Coburg Road 17- 03 -16 -41
400
Old Coburg Road LLC 89295189297189317 Old Coburg Road 17- 03 -16 -41
500, 600 & 700
BerrylLermerBerry 89350 Old Coburg Road 17- 03 -16 -41
800
Zacorn LLC 89344 Old Coburg Road 17- 03 -16 -41
900
Judith C. Van Trust 89326 Old Coburg Road 17- 03 -16 -41
1002
Harmon/Gentry/Eichorn 89385189375 Old Coburg Road 17- 03 -15 -00
900 (portion)
Zoning: R- l 1UL Low Density Residential with Urbanizable Lands Overlay
Location: East of Coburg Road, west of I -5, between Chad Drive and North Game Farm Road, along Old Coburg Road
Representative: Jenifer Willer, City of Eugene Public Works Engineering Division, 5411682 -5364
Lead City Staff: Alissa Hansen, City of Eugene Planning Division, 5411682 -5508
EVALULATION:
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 9.783 5. The applicable approval criteria are
presented below in bold typeface with findings and conclusions following each.
EC '9.7825(l) The land proposed to be annexed is within the city's urban grov�tb boundary and is
(a} Contiguous to the city limits; or
(b) ..:...........
.............
S eparated rom a city on y y a pu c rig o way or a s ream, : : . ay,:: a� or o er o y o
w� �r
Com lies Findings: The annexation area is within the City's urban growth boundary (UGB), and is
EYES ❑ No contiguous to the City limits, consistent with subsection (a). As shown in the application
materials and confirmed by City staff, the City limits are contiguous with the subject area of land
along the eastern and western boundaries.
EC s 782(2 � The p ro ose� annexatidu con is #ent w ap li bl . p Lip es in the l Ietro P!Ia and In any
. .........
.. . a U+ hl� r in meat. Ians.
Complies Findings: Several policies from the Metro Plan provide support for this annexation by
EYES ❑ No encouraging compact urban growth to achieve efficient use of land and urban service 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)
Old Coburg Road (A 08 -7) February 2009 Page I
Policy 10. Annexation to a city through normal processes shall continue to he the highest
priority. (page H- C 4 ).
Policy 16 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 -GS)
As addressed below under subsection (3), and consistent with these policies, a minimum level of
key urban facilities and services can be provided to the area in an orderly and efficient manner.
The Willakenzie Area Plan is the applicable refinement plan for the area. The following policy,
from the Public Facilities and Services element of that plan is applicable to this request (in italic
text):
1. The City shall provide for annexation of urbanizable land in a manner consistent with
State law as well as local annexation and growth management policies.
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, consistent with this refinement plan policy. 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 Willakenzie Area Plan.
Wasztewater
Although public wastewater is not readily available to the subject property, as noted by the
applicant and confirmed by Public Works staff, a public wastewater extension is planned as part
of the City of Eugene capital improvement project to extend Chad Drive in 2009. Services from
the wastewater main to the adjacent properties will also be constructed to the right -of -way
boundary as part of the Chad Drive extension project.
Stormwater
Although public stormwater is not readily available to the subject property, as noted by the
applicant and confirmed by Public Works staff, a public stormwater extension is planned as part
of the City of Eugene capital improvement project to extend Chad Drive in 2009. Public swales
will be constructed within the right -of -way which will drain into new pipes varying in diameter
from 18- inches to 24- inches depending on location, ultimately connecting to the existing public
stormwater system to the south of the subject properties. Services from the stormwater main will
be made available to adjacent properties. Future development will be subject to the City's
stormwater development standards, which include pollution reduction and possibly oil and source
controls in addition to destination standards.
Transportation
Public Works staff state that the subject properties have frontage on Old Coburg Road. This
segment of Old Coburg R oad i s curre under Lane County jurisdictional authority and is not
Old Coburg Road (A 08 -7) February 2009 Page 2
improved to City standards. The request includes the right -of -way of Old Coburg Road (will be
renamed as Chad Drive) with this annexation petition to facilitate extension of public services to
the area.
This request is related to the City of Eugene's Capital Improvement Pro j ect (CIP) to upgrade and
re -align Old Coburg Road, projected to be completed in 2009. The project, also known as the
Chad Drive Extension, will result in the replacement of the majority of Old Coburg Road through
the extension of an existing right-of-way (Chad Drive) located southwest of the subject properties
in a northeasterly direction to the north side of Cape Hatteras Drive and for an eventual re- aligned
intersection with North Game Farm Road, as shown in the application materials. Planned
improvements to Chad Drive include upgrading the street to urban standards for a major collector
to include: 44 -feet of paving within a75 -foot wide right -of -way (for two 11 -foot wide travel
lanes, two 5 -foot wide bike lanes and a 12 -foot wide center turn lane), curb, gutter, wastewater,
stormwater, sidewalks, street trees and street lights. This CIP project is consistent with the Eugene
Arterial and. Collector Street Plan, TransPlan and the Willakenzie Area Plan.
North Game Farm Road is located to the east of the properties. South of the planned new
intersection (Chad Drive and North Game Farm Road), North Game Farm Road is within the
Urban Growth Boundary and was previously annexed; however, jurisdiction has not yet been
transferred to the City of Eugene. Immediately north of the planned new intersection, North Game
Farm Road is outside of the Urban Growth Boundary, and therefore, is not proposed for inclusion
in this application.
Comments from Lane County Transportation Planning staff indicate that the portion of Old
Coburg Road abutting this application is under County jurisdiction for maintenance. Old Coburg
Road, which is functionally classified as an Urban Local Road, has a variable right -of -way width
of 40 feet to 65 feet, with an 18 -foot wide paved surface, but no curb, gutter, or sidewalk. Lane
County referral comments confirm support for the annexation request and include additional
comments related to future development of the property, which are provided at the end of this
report as informational items for the benefit of the applicant.
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 8 -inch cast
iron water main on the west side of Old Coburg Road. EWEB Water staff confirms that adequate
water service can be made available at the time of development and therefore has no objection to
the annexation. EWEB Electric staff state that there are existing EWEB electric facilities
surrounding this site and that EWEB Electric 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 the City. Fire protection will be provided by the City of Eugene Fire Department.
Emergency medical services are currently provided on a regional basis by the cities of Eugene 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. Additionally, the subject property is within the park service area for Crescent Park, a
developed neighborhood park, and Striker Field, an undeveloped community park.
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
Old Coburg Road (A 08 -7) February 2009 Page 3
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 and is with in the district boundary of
Gilham Elementary School, Cal Young Middle School, and Sheldon High School.
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 is set in accordance with state law.
INFORMATION:
♦ 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. Three of the properties are
designated in the Metro Plan and Willakenzie Area Plan for Low Density Residential use (Tax Lots 800, 900 and
1002 of Assessor's Map 17-03-16-41), which is consistent with the R -1 zoning. The remaining properties are
either designated Medium Density Residential (Tax Lots 500, 600 and 700 of Assessor's Map 17- 03- 16 -41) or
Campus Industrial (Tax Lot 400 of Assessor's Map 17- 03 -16 -41 and the portion of Tax Lot 900 of Assessor's
Map 17- 03 -15 -00 included in this request). Rezoning consistent with the Metro Plan and Willakenzie Area Plan
designation may be required before development can occur on these lots. Please contact the Permit Information
Center, Planner -on -Duty at 682 -5377 for more information.
♦ The applicant may be required to annex into the Metropolitan Wastewater Special Service District. In order to
receive wastewater treatment service, the property owner will need to submit an annexation request to Lane
County, with a fee based on acreage, for processing the annexation to the special district. Please contact Stephanie
Schulz, Lane County Public Works, at 682 -3958 for more information.
♦ Until such time as jurisdiction of Old Coburg Road is transferred to Eugene, a Lane County Facility Permit shall
be required for placement of facilities within the right -of -way of Old Coburg Road. 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(l)]. Please contact 541- 682 -6902 or visit
http:ll www. lanecounty .org/RightOfWay /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, EWEB Electric, at 341 -8522.
♦ Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory
requirements.
Old Coburg Road (A 08 -7) February 2009 Page 4