The URL can be used to link to this page

Home My WebLink AboutResolution No. 5420.......... - COUNCIL RESOLUTION NO. 5420 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-14-41, TAX LOT 00201, LOCATED AT 255 MAXWELL ROAD). PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Evans CONSIDERED: September 9, 2024 • RESOLUTION NO. 5420 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-14-41, TAX LOT 00201, LOCATED AT 255 MAXWELL ROAD). The City Council of the City of Eugene finds that: A. An annexation application was submitted on June 20, 2024, by Branch Engineering, Inc., in accordance with the provisions of Section 9.7810 of the E ugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-14 -41 , Tax Lot 00201 , to the City of Eugene. B. The legal description of the property proposed to be annexed is attached to this Resolution as Ex hibit B. A map depicting the annexation area is attached to this Resolution as Exhibit A. 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 August 9, 2024, 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 River Road Community Organization. The notice advised that the City Council would consider the Planning Director 's full recommendation on the proposed annexation on September 9, 2024. 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 17-04-14-41 , Tax Lot 00201 , 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 immediate ly 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 to R-1 Low-Density Residential shall become effective in accordance with State law. The foregoing Resolution adopted the 9 th day of September, 2024. Resolution -Page 2 of 2 LAND ANNEXATION FOR OUR REDEEMER LUTHERAN CHURCH NE 1/4, SE 1/4, SEC 14, T17S, R4JV, 1FM EUGENE~ LANE COUNTY, OREGON ~oO .. i 11~~\ ,,., ~ NfJ4'29 '14"£ 0.86 S55'55'2r£ 17.95 ---- "it.. 7,1<P 17.. iBOO RAND£ PAPE BELTUNE 'I"-1t.. 0 1£:P' 1\. ~;;; ~, ,., ~fl{ ~,ctO '!)':fJ 17.. • !)70' ~ "J ~, ~ :\ ~ ~ & ~-(itf ':' \'I'-' " ' ~ [<) ' ~ l ii ... ") !q ' "5 ~ ") . 'i "J ~ ~ ~ ~ ~ ~ I:;! ~ ~- HAMI L TON AV[ 17.. i1oO 1'\. '&o0 ,t. zioO, .-.n I 11?-0 I"'~ •• I "i\. 17 ,, "r If'~,~,.,. • 11..- LEGEND ---.----.,__ I (HWY 569) 1/-;'.-:/ /~ CITY UMJTS I VICINITY MAP NOT TO SCALE'. SCALE: 1 ~=200' .. -• ~>x5:<$1 LANDS TO BE ANNEXED I i I EXIST/AA:; STRUCJURE LPPN UJ,iD PARTlTION PLAT NVMBER TI. TAX LOT NOTES 1. CITY LJMJTS BOUNDARIES S1-IOWN PER THE CITY CF EUGENE ON-LINE INrE'.RACTIVE ZONJl>KJ AW' ON MAY 28. 2024 . 2. ONLY mos£ EASEMENTS KfoK>WN TO EXIST ARE S/,IDWN. 3. THE BEARINGS AND DJSTAl>K:ES CF TN£ ANNEXATION BOUNDARY PER LAND PARTITION PLAT NUMBER 91 -P0166 SHEET 1 OF 1 f'filanch • 2·ss MAXWELt -RbADANNEXATION • 'mlNEERING E ANNEXATION MAP JULY 8, 2024 3 10 Sth :St1eet, Spt:°ig°field O!l 97477 I p: $41.746 .0631 I \o,WW.b1ancl1engJnee 11tig.com Pro)ea No: 24-1 3 0 May 28, 2024 LEGAL DESCRIPTION ANNEXATION APPLICATION TM 17-04-14-41, TL 201 Branch Engineering Inc. Project No. 24 -130 Parcel 1 of Land Partition Plat Number 91-P0166 as platted and recorded in the Lane County Oregon Partition Plat Records . REGISTERED PROFESSIONAL LAND SURVEYOR OREGON NOVEMBER 30, 2007 RENEE CLOUGH 69162LS RENEWAL DATE: 12/30/25 Certification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the metes and bounds descr i ption of the real property proposed for annexation closes; and the map outlining the boundary is a true representation of the description. Signature: Registered La~ Print Name: Renee Clough, P.L.S. Date: Seal: REGISTERED PROFESSIONAL LAND SURVEYOR OREGON NOVEMBER 30, 2007 RENEE CLOUGH 69162LS RENEWAL DATE: 12/30/25 Planning Director's Findings and Recommendation: Annexation Request for 255 Maxwell Road (City File: A 24-9) Exhibit C Application Submitted: June 20, 2024 Applicant: Andrew Strout, Branch Engineering, Inc. Property Included in Annexation Request: Tax Lot 00201 of Assessor's Map 17-04-14-41 Zoning: R-1 Low-Density Residential with /UL Urbanizable Land Overlay Location: 255 Maxwell Road, North side of Maxwell Road , west of Rive r Road Lead City Staff: Brai Black, Assistant Planner, City of Eugene Planning Division, 541-682-5437 EVALUATION : Based on the info r mation 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 r----c=~~=----1 C8J D 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 r----c=~~=----1 C8J 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 pri ority. (page I/-C-5). Findin gs I 255 M ax w e ll (A 24-9 ) Se pte mbe r 2024 Pa ge 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 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 River Road -Santa Clara Urban Facilities Plan (RR/SC UFP), one of the adopted refinement plans applicable to the subject property, also designates the area for low-density residential use. The property is currently zoned R-1 Low-Density Residential with the /UL Urbanizable Land overlay. 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" in Section 2.2 of the RR/SC UFP appear to be directly applicable to the annexation 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. The River Road -Santa Clara Neighborhood Plan is the other more recently adopted refinement plan applicable to the subject property. While none of the goals or policies appear to serve as mandatory approval criteria for this annexation, the following policy is relevant to the annexation request: Policy 17.4 Annexation: Annexation of the River Road and Santa Clara areas will occur only through strict application of state laws and local policies (e.g., ability to extend key urban facilities and services in a timely manner). In each case, Eugene will make every reasonable attempt to provide for annexation only on a voluntary basis and according to prior individual property annexation agreements. As this annexation request is both served by key urban facilities (see below) and is a voluntary annexation, this policy is generally supportive of the request. Further, the Neighborhood Plan Goals focus on promoting additional housing infill, which this annexation will facilitate because of the expanded residential uses allowed on this property following annexation. 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 Findings I 255 Maxwell (A 24-9) September 2024 Page 2 Exhibit C 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 RR/SC UFP refinement plan , and the River Road -Santa Clara Neighborhood 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 : Wastewate r The subject property is currently served by the public wastewater system as verified by the City's Public Works Department. Stormwater At the time of further development of the property, treatment of stormwater will be evaluated for consistency with City of Eugene pol icies a nd 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 Maxwell Road and Barton Street, both of which are public streets. In the event further development occurs, additional evaluation of access to the public street system will take place. Solid Waste Collection service is provided by private firm s. Regional disposal sites are operated by Lane County. Water and Electric Eugene Water and Electric Board (EWEB) staff confirm that water and electric services are available to the property. Water and electric services can be extended to th e 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 Fi re . Emergency medical services are currently provided on a regional basis and will continue in t he 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. Findin gs I 255 M axwe ll (A 24 -9 ) Se ptem ber 2024 Page 3 Exhibit C 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 4J, and is within the district boundary of Howard 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 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 . Findin gs I 25 5 M axwe ll (A 24-9) Sept ember 2024 Pag e 4