HomeMy WebLinkAboutResolution No. 5080COUNCIL RESOLUTION NO. 5080
A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (3775 AND 3793 GILHAM ROAD, EUGENE,
OREGON; PROPERTY IDENTIFIED AS ASSESSOR'S
MAP 17- 03 -08 -00 TAX LOT 7700).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: January 28, 2013
RESOLUTION NO. 5080
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (3775
AND 3793 GILHAM ROAD, EUGENE, OREGON; PROPERTY
IDENTIFIED AS ASSESSOR'S MAP 17- 03 -08 -00 TAX LOT 7700).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by Scott Knox on December 20, 2012,
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 identified as Assessor's Map 17- 03- 08 -00, Tax
Lot 7700.
B. The territory proposed to be annexed is depicted on the map attached as Exhibit A
to this Resolution. The legal description of the property described 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
Recommendation is attached as Exhibit C.
D. On December 20, 2012 a notice containing the street and assessor's map and tax
lot number, 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 Northeast Neighbors Neighborhood Association.
The notice advised that the City Council would consider the Planning Director's full
recommendation on the proposed annexation on January 28, 2013.
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 Recommendation
and Findings attached as Exhibit C which are adopted in support of this Resolution, it is ordered
that the land identified as Assessor's Map 17- 03- 08 -00, Tax Lot 7700 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 from R -1/UL to R -1 pursuant to EC
Resolution - Page 1 of 2
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 28 day of January, 2013.
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City Rikorder
Resolution - Page 2 of 2
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Exhibit B - Legal Description
Legal Description for Annexation to the City of Eugene
of
Assessor's Map No. 17- 03- 08 -00, Tax Lot No. 7700
Beginning at the re- entrant angle of the Thomas N. Aubrey Donation Land Claim No. 39 in
Section 8, Township 17 South, Range 3 West of the Willamette Meridian, which is marked by a
1 -1/2 inch iron well pipe replacing the original stone; thence South 1200.4 feet along the West
line of the Thomas N. Aubrey Donation Land Claim No. 39 to a point; thence South 89 °54' East
20 feet across a 20 foot right of way to a point marked by an iron pipe, said point being the True
Point of Beginning; thence continuing South 89 °54' East 579.5 feet to an iron pipe set in an old
fence line; thence South 225.5 feet along the old fence line to a point marked by an iron pipe;
thence North 89 °54' West 579.5 feet to a point marked by an iron pipe; thence North 225.5 feet
along the East side of a 20 foot right of way to the True Pont of Beginning, all in Lane County,
Oregon.
RMISTER E P
PROFESSION L.
LAND SURVEYOR
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Exhibit C
Page 1 of 4
Planning Director's Recommendations and Findings:
Knox (A 12 -5)
EUGENE
Application Submitted: December 20, 2012
Applicant: Scott Knox
Map /Lot(s): 17- 03 -08 -00 Lot 7700
Zoning: R -1 /UL
Location: East side of Gilham Road, at the north terminus of Walton Lane
Representative: None
Lead City Staff:
I Becky Taylor, Associate Planner, (541) 682 -5437
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 annexation area is within the City's urban growth boundary (UGB), and is
contiguous to the City limits, consistent with subsection (a). The City limits are
❑YES
❑ NO
contiguous with the subject property at the southeast property corner, at the terminus
of Walton Lane.
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans.
Complies
Findings: The proposed annexation area is within the UGB. Several policies from the
Metro Plan generally support this annexation by encouraging compact urban growth to
❑YES
❑ NO
achieve efficient use of land and urban service provisions within the UGB, 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.
Knox (A 12 -5) December 2012 Page 1
Exhibit C
Page 2 of 4
Knox (A 12 -5) December 2012 Page 2
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 11 -C -4)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page 11 -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 11 -C -5)
The Metro Plan designates the annexation area as appropriate for residential use. The
Willakenzie Area Plan (WAP) is the adopted refinement plan for the subject properties
and also designates the area for residential uses. If the annexation is approved, per EC
9.7820(3), the annexation area will remain zoned R -1, and the /UL overlay will be
automatically removed from the annexation area.
With regard to applicable policies of the WAP, the subject property is within the
"Unincorporated" subarea; none of these policies appear to be directly applicable to the
subject request.
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.
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: 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
❑YES
❑ NO
manner as detailed below:
Wastewater
Public wastewater is available to serve the subject property from the existing 10 -inch
mainline located within Walton Lane, which terminates at the southeast property
corner. The applicant proposes to extend public wastewater through the site as part of a
subsequent subdivision of the property.
Knox (A 12 -5) December 2012 Page 2
Exhibit C
Page 3 of 4
Stormwater
Public stormwater is available to serve the property from the existing 12 -inch mainline
located within Walton Lane, which terminates at the southeast property corner. The
applicant proposes to extend public stormwater through the site as part of a subsequent
subdivision process. Stormwater management will be more precisely determined at the
time of development.
Streets
Gilham Road abuts the west property boundary and Walton Lane terminates at the
southeast property corner. The abutting segment of Gilham Road is classified as a
medium - volume local residential street and is currently under Lane County's jurisdiction.
The roadway has 20 feet of pavement width; any upgrades to Gilham Road will be more
precisely determined in the subsequent subdivision process. Walton Lane will also be
extended through the site as part of subdividing the subject property.
Solid Waste
Collection service is provided by private firms. Regional disposal sites and the Short
Mountain Landfill are operated by Lane County.
Water & Electric
Eugene Water and Electric Board (EWEB) services are available to serve the subject
property. An eight -inch cast iron water main is located on the west side of Gilham Road,
abutting the subject property.
Public Safety
The property is currently within the Willakenzie Rural Fire Protection District. Police
protection can be extended to this site upon annexation consistent with service
provision through the City. Fire protection services and ambulance services are currently
provided to the subject property by the City of Eugene. 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 The City's "Creekside Park" site is located approximately 550 feet west
of the subject property.
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.
Knox (A 12 -5) December 2012 Page 3
Exhibit C
Page 4 of 4
Public Schools
The subject property is within the Eugene 4J School district and is served by Gilham
Elementary School, Cal Young Middle School and Sheldon High School.
CONCLUSION:
Based on the above findings, the proposed annexation is found to be consistent with the applicable approval
criteria. The Planning Director recommends that City Council approve this annexation proposal. The effective
date is set in accordance with State law.
INFORMATION:
♦ Approval of this annexation does not relieve the applicant from complying with applicable codes and
statutory requirements.
♦ Future development of the property will require a feasible stormwater proposal and demonstration
that all applicable stormwater management standards have been met.
Knox (A 12 -5) December 2012 Page 4