HomeMy WebLinkAboutResolution No. 5392RESOLUTION NO. 5392
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-03-09-31, TAX LOT 01300 LOCATED AT 3633
COBURG ROAD).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on September 15, 2023, by Joseph Callis,
in accordance with the provisions of Section 9. 7810 of the Eugene Code, 1971, ("EC") to annex
property identified as Assessor's Map 17-03-09-31, Tax Lot O 1300, 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 depicting the annexation area 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 November 8, 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
Northeast Neighbors. The notice advised that the City Council would consider the Planning
Director's full recommendation on the proposed annexation on December 11, 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 17-03-09-31, Tax Lot O 1300, 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 Low-
Density Residential Zone (R-1) with /UL Urbanizable Land Overlay to Low-Density Residential
(R-1) shall become effective in accordance with State law.
The foregoing Resolution adopted the 11 th day of Decem her, 2023.
Resolution -Page 2 of 2
Exhibit A
LEGAL DESCRIPTION
Beginning at a point North 00°09' East 208.095 feet and 224.2 feet South 89°22' West
of a point on the quarter Section line, 18.86 chains North 00°09' East from the quarter
Section corner between Sections 9 and 16 in Township 17 South, Range 3 West of the
Willamette Meridian; and running thence North 00°09' East 101.945 feet;
thence North 51 °59' West 363.45 feet to the Easterly line of the County Road No. 1043;
thence along the Easterly line of County Road No. 1043 South 39°05' West 80.5 feet;
thence South 51 °59' East 427.53 feet to the Point of Beginning, in Lane County,
Oregon.
REGISTERED
PROFESSIONAL
LAND SURVEYO
OREGON
JULY 15, 2003
KENT BAKER
#59885
RENEWS: 12-31-2023
Exhibit B
OWNER: JOSEPH CALLIS
LAND ANNEXATION FOR
TAX LOT 17-03-09-31-1300
SWl/ 4 SECTION 9, Tl 7S, R3W, W.M.
EUGENE, LANE COUNTY, OREGON;r~::u~""
LEGEND --;)
100 0 --~ I --
CITY LIMITS
LAND TO BE ANNEXED
17-03-09-31
TL 1500
TL 1400
GRAPHIC SCALE
~
T VICINTY MAP
17-03-09-31
TL 900
NO SCALE
17-03-09-31
TL 1000
17-03-09-31
TL 1100
POINT OF BEGINNING
en I COMMENCEMENT POINT: 18.86
~ I CHAINS NORTH 00·09' EAST
g I FROM THE QUARTER SECTION
"'I CORNER BETWEEN SECTIONS 9
_wl & 16, T17S, R4W
}sl \
---~
21
-
0
-------~T !l S89"2200"W "420 \
( IN FEET )
I inch ~ 100 fl.
Exhibit C
Planning Director's Findings and Recommendation:
Annexation Request for 3633 Coburg Road
(City File: A 23-7)
Application Submitted: September 15, 2023
Applicant: Joseph Callis
Property Included in Annexation Request: Tax Lot 01300 of Assessor's Map 17-03-09-31
Zoning: R-1 Low-Density Residential with an /UL Urbanizable Land Overlay
Location: 3633 Coburg Road
Lead City Staff: Shawn Burgett, Associate 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
>--=~~=-[g] D City limits on its northern border and western border where it abuts Coburg Road,
YES NO
EC 9.7825(2)
consistent with subsection (a).
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
t--=--,~=-[g] D 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 I/-C-4)
Policy 10. Annexation to a city through normal processes shall continue to be the highest
priority. (page I/-C-5).
3633 Coburg Rd. I 3633 Coburg Road {A 23-7) December 2023 Page 1
EC 9.7825(3)
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 Willakenzie Area Plan is the adopted refinement plan for the subject property,
and also designates the area for low density residential use. The property is currently
zoned R-1 Low Density Residential with a /UL Urbanizable Land overlay. The /UL overlay
will be automatically removed from the property upon approval of the annexation.
Regarding applicable policies of the Willakenzie Area Plan (WAP), the subject property is
within the Unincorporated subarea. The WAP designates this property as low density
residential within the subarea. With regard to applicable policies of the WAP, none of
the listed policies for this subarea appear to be directly applicable to the subject
property. The proposed annexation does not conflict with any of the Land Use Policies or
Residential Policies in the WAP. The "Public Facilities and Services Element" policies of
the WAP are directed at local government; however, the premise of these policies
(regarding the provision of urban services) is the assumption that the properties 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 Willakenzie Area Plan 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
I--=~~=----< ~ D 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
The subject property is currently vacant (house was demolished). A public wastewater
system is available within Coburg Road as verified by the City's Public Works
3633 Coburg Rd. I 3633 Coburg Road {A 23-7) December 2023 Page 2
Exhibit C
Department. Based on the proximity to the service, service is available to the subject
property.
Stormwater
At the time of future 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 Coburg Road, which is a public street. In the event future
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 throughout 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 and is within the district boundary
of Gilham Elementary School, Cal Young Middle School, and Sheldon High School. As
3633 Coburg Rd. I 3633 Coburg Road (A 23-7} December 2023 Page 3
Exhibit C
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 R-1 (Low-Density Residential) zoning will
remain. However, the /UL Urbanizable Land 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.
3633 Coburg Rd. I 3633 Coburg Road (A 23-7} December 2023 Page 4