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HomeMy WebLinkAboutItem 2D - Approval of Res. 5094 - Wiechert Custom Homes ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Approval of Resolution No. 5094 Annexing Land to the City of Eugene (Bruce Wiechert Custom Homes - A 13-4) Meeting Date: July 22, 2013 Agenda Item Number: 2D Department: Planning and Development Staff Contact: Steve Ochs www.eugene-or.gov Contact Telephone Number: 541-682-5453 ISSUE STATEMENT This item is a request to annex 3.64 acres of vacant land that is currently zoned AG Agriculture and designated by the Metro Plan for low-density residential uses. The annexation is being requested by the property owner, Bruce Wiechert Custom Homes, Inc. The applicant has also submitted a zone change application to rezone the property to R-1 low-density residential following annexation. BACKGROUND In December 2007, the City Council adopted an ordinance establishing the procedures for annexation requests and amending Chapter 9 of the Eugene Code (EC) to include these procedures. These annexation procedures provide for the council to adopt a resolution approving, modifying and approving, denying an application for annexation, or provide for the council to hold a public hearing before consideration of the annexation request. Approval of annexation requests are based on the criteria at EC 9.7825 which require that (1) the land proposed to be annexed is within the city’s Urban Growth Boundary (UGB) and is contiguous to the city limits or separated from city limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the minimal level of key urban facilities and services can be provided in an orderly, efficient, and timely manner. Draft findings demonstrating that the annexation request is consistent with these approval criteria are included as Exhibit C to the draft resolution (Attachment B). Public notice for this annexation request was provided in accordance with Eugene Code requirements, and no written testimony has been received. Referral comments were provided by affected agencies including City of Eugene Public Works and Eugene Water & Electric Board. These referral comments confirm that the property can be provided with the minimum level of key urban services consistent with the approval criteria. Given the findings of compliance and lack of testimony received, a public hearing is not recommended in this instance. S:\CMO\2013 Council Agendas\M130722\S1307222D.docx Additional background information regarding this request, including relevant application materials, is included for reference as Attachment C. A full copy of all materials in the record is also available at the Permit and Information Center located at 99 West 10 Avenue. th RELATED CITY POLICIES The Metro Plan contains the policies that are related to this annexation request. The River Road Santa Clara Urban Facilities Plan is the refinement plan applicable to the subject property. The policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C to Attachment B). COUNCIL OPTIONS City Council may consider the following options: 1.Adopt the draft resolution. 2.Adopt the draft resolution with specific modifications as determined by the City Council. 3.Deny the draft resolution. 4.Defer action until after the council holds a public hearing on the proposed annexation. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the draft resolution by finding that the request complies with all applicable approval criteria, and that the annexation is approved. SUGGESTED MOTION Move to adopt Resolution No. 5094, which approves the proposed annexation request consistent with the applicable approval criteria. ATTACHMENTS A.Map of Annexation Request B.Draft Annexation Resolution with Exhibits A through C Exhibit A: Map of Annexation Request Exhibit B: Legal Description Exhibit C: Planning Director Findings and Recommendation C. Application Materials for Annexation Request FOR MORE INFORMATION Staff Contact: Steve Ochs, Associate Planner Telephone: 541-682-5453 Email: steve.p.ochs@ci.eugene.or.us S:\CMO\2013 Council Agendas\M130722\S1307222D.docx Attachment A - Area of Annexation Request Attachment A - Area of Annexation Request ´ Annexation Area Eugene City Limits ATTACHMENT B RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (937 IRVINGTON DRIVE, EUGENE, OREGON, AND PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-03-40, TAX LOT 2303). The City Council of the City of Eugene finds that: A. An annexation application was submitted by Bruce Wiechert Custom Homes, Inc. on June 17, 2013, 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 17-04-03-40, Tax Lot 2303. 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 June 19, 2013, a notice containing the street address 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 Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on July 22, 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 17-04-03-40, Tax Lot 2303 on the map attached as Exhibit A, and described in the attached Exhibit B, 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 automatic rezoning of the land from AG/UL/CAS to AG/CAS 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 _____ day of July, 2013. ______________________________________ City Recorder Resolution - Page 2 of 2 Exhibit A Bruce Wiechert Custom Homes (A 13-4) Bruce Wiechert Custom Homes (A 13-4) Eugene City Limits Annexation Area Exhibit B Exhibit C Page 1 of 4 Planning Director’s Recommendations and Findings: Bruce Wiechert Custom Homes (A 13-4) Application Submitted: June 17, 2013 Applicant: Bruce Wiechert Custom Homes, Inc. Map/Lot(s): 17-04-03-40 Lot 2303 Zoning: AG/UL/CAS Location: 937 Irvington Drive on the north side of Irvington between Willowbrook St. and Stark St. Representative: Anthony Favreau Lead City Staff: Steve Ochs, Associate Planner, (541) 682-5453 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 area of land along the southern and eastern boundaries of the property. 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. Satterwhite Family Trust (A 12-1) July 2012 Page 1 Exhibit C Page 2 of 4 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) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II-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-C-5) The Metro Plan designates the annexation area as appropriate for residential use. The adopted refinement plan the River Road Santa Clara Urban Facilities Plan (RR/SC UFP) 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 AG/CAS, and the /UL overlay will be automatically removed from the annexation area. The applicant has submitted a zone change (City File Z 13-4) to rezone the property to R-1 once the annexation has been approved. With regard to applicable policies of the RR/SC UFP, the subject property is not in a subarea and of the general “Residential Land Use Policies” at Section 2.2, none appear to be directly applicable to the subject request. The “Public Facilities and Services Element” policies of the RR/SC UFP are directed at local government; however, the premise of these policies for 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. 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; there is an 8-inch public line within Leonards Way, to the west, as well as an 8-inch public line within Verbena Drive, to the south. The related Satterwhite Family Trust (A 12-1) July 2012 Page 2 Exhibit C Page 3 of 4 wastewater assessments have been paid. Stormwater There are no existing public stormwater lines available for collection of stormwater runoff from the property, though on-site retention may be feasible for future development. Infiltration facilities would need to be sized to store and infiltrate the Flood Control Design Storm and on-site tests must demonstrate the viability of infiltration. At the time of development, applicants must address all applicable stormwater management standards such as: destination, pollution reduction, oil control, easements, and operation and maintenance. Streets The property has frontage on Irvington Drive which is within the City limits but under Lane County Jurisdiction and functions as a minor arterial street. Street standards must be addressed with future development which may require right of way dedication, special setbacks and street improvements. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water Eugene Water and Electric Board (EWEB) staff notes that adequate service can be made at the time of development and there are no objections to the annexation. Electric EWEB currently serves the subject properties and has no objections to the annexation. Public Safety 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 Lane Rural Fire and Rescue. 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 property is currently located the River Road – Santa Clara parks planning district with Filbert Meadows Park being located north of the subject property and Arrowhead Park to the west being the nearest parks serving that area. 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. Satterwhite Family Trust (A 12-1) July 2012 Page 3 Exhibit C Page 4 of 4 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 the 4J School district and is served by Spring Creek Elementary School, Madison Middle School and North Eugene 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 found to be consistent with the applicable approval criteria. Based upon findings above, the Planning Director recommends that City Council approve this annexation proposal. 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: ♦ 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, including establishing capacity of the receiving system, pre-treating impervious areas prior to discharge, and possibly oil and source controls, depending on proposed development. . Satterwhite Family Trust (A 12-1) July 2012 Page 4 E r f , sai JUN 1 7 2013 ANNEXATION NARRATIVE -� APPLICANT: Bruce Wiechert Custom Homes, Inc. PHONE: (541) 686 9458 Ci i m - SURVEYOR: Roberts Surveying Inc. PHONE: (541) 345 -1112 CIVIL ENGINEER: The Favreau Group PHONE: (541) 683 -7048 DATE: June 13, 2013 MAP: 17- 04- 03 -40, Tax Lot 2303 SITE ADDRESS: 937 Irvington Dr., Eugene, Oregon Present Request: The present request is for approval to annex the subject property into the City of Eugene. Approval Criteria: The following findings demonstrate that the proposed tentative partition plan will comply with all applicable approval criteria and related standards as set forth in EC 9.7825. The approval criteria and related standards are listed below, with findings addressing each in Bold. EC 9.7825 Annexation - Approval Criteria. The city council shall approve, modify and approve, or deny a proposed annexation based on the application's consistency with the following: (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. The proposed property is contiguous to the city limits along the west and south boundary lines. (2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. The proposed property is designated as low density residential zoned land within the Metro Plan. Compliance with the River Road -Santa Clara Urban Facilities Plan is demonstrated in the below noted responses. (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. The proposed annexation boundary extends the current city limits line that is on the west and south boundary to the east and north. All key urban facilities and services are available to the property and surrounding areas at this time. River Road -Santa Clara Urban Facilities Plan Policies. (1) General Land Use. Minimize land use conflicts by promoting compatibility between land uses, especially among residential, commercial - industrial, and commercial - agricultural uses. (Policy 1) The subject property is boarded by urban residential on the west and south and rural residential on the east. Therefore there are no compatibility issues. (2) Residential Land Use. (a) Recognize and maintain the predominately low- density residential character of the area consistent with the Metro Plan. (Policy 1) (b) Evaluate traffic and compatibility impacts when considering new residential development on parcels fronting arterial streets. (Policy 3) (c) Provide adequate buffering and traffic control for existing non - residential development fronting River Road, (to minimize conflicts with surrounding development). (Policy 4) (d) Permit medium - density housing (10 to 20 dwelling units /acre) in proximity to existing or planned urban facilities. Access to commercial development, transit and alternative modes of transportation, schools and parks and open space should be considered. Medium - density residential development will be considered for the north Santa Clara area consistent with the above criteria. (Policy 5) (e) Design residential development which is adjacent to the Greenway, parks, and other identified natural features in a manner that ensures its compatibility with those features. (Policy 6) The property is adjacent to Irvington Drive and is not near an arterial street, River Road, the Greenway or any other natural features or non - residential land. (3) Commercial and Industrial Land Use. (a) Maintain and enhance the compatibility of adjacent land uses through the use of appropriate buffering mechanisms, such as landscaping standards. (Policy 1) (b) Require site plan reviews for all new commercial and industrial development. (Policy 2) (c) Prohibit the linear expansion of existing strip commercial areas fronting on River Road. Existing strip commercial development may expand by infilling, redevelopment, or expansion onto contiguous property that does not front on River Road.(Policy 3) (d) Provide for buffering and traffic control for existing development that fronts River Road (to minimize conflicts with surrounding residential development). (Policy 4) (e) Minimize impacts of new commercial development intended to consolidate and improve existing strip commercial uses along River Road by requiring development standards. (Policy 5) (f) New neighborhood commercial uses shall be located away from River Road in locations that facilitate the provision of commercial facilities scaled to a residential area and that allow for dispersal of commercial uses throughout River Road -Santa Clara. (Policy 6) (g) Ensure compatibility between neighborhood commercial developments and the surrounding residential area by identifying and applying siting and development standards. (Policy 7) The property is zoned low density residential and does not front onto River Road. Therefore this criterion does not apply. (4) River Road /Railroad Avenue Subarea. (a) Designate and zone existing medium - density development. (b) Limit River Road access to existing commercial development. (c) Maintain existing land use patterns until completion of the Chambers Connector. The effects of the Chamber Connector and related road improvements on the immediate area should be examined upon completion of final design and right -of -way acquisition and any 2 appropriate changes adopted. (d) The area south of Fir Lane and east of River Road is appropriate for commercial and low density residential uses. (e) Medium density residential development along the east side of River Road north of Fir Lane is appropriate, and requires a minimum development area of 213 of an acre. (f) Rezone the apartments on the west end of Briarcliff Drive from industrial to medium density residential use. (g) Delay for six months rezoning of the vacant parcels south of Briarcliff and adjacent to the Northwest Expressway from industrial to low density residential use. (h) Designate the two parcels north of Holeman Avenue and west of River Road for commercial use. This property does not impact any of the noted criteria or areas of concern. (5) River Road /Knoop Subarea Recommendations. (a) Maintain existing land use pattern. (b) Apply site review for medium - density development in the northern portion of the subarea. (c) Limit number of River Road access points to medium - density development in the southern portion of the subarea. The annexation of this property will continue to maintain the current low density residential use. (6) River Road /Hilliard Subarea. (a) Rezone small split -zone tax lots to their most intensive use. (b) Maintain viability of existing residential land use. (c) Recommend professional office development for the undeveloped land on the west side of River Road between West Hillcrest and Horn Lane. Only professional office development making unified use of one or more acres shall be allowed in the area. Access shall be limited to mitigate impacts on existing low- density residential development west of the area. The property is not within the subarea, therefore this criteria is not applicable. (7) River Road /Howard Subarea. (a) Maintain the status of non - conforming uses. (b) Maintain the status of existing medium - density land use. (c) Encourage medium - density residential development for all portions of the subarea, with the exception of the following areas: Hatten Street commercial area, the area west of River road between Maxwell and Howard, and the area east of River Road between Owosso and Corliss. (d) Recommend professional office development on the east side of River Road between Owosso and Corliss. The property is not within the subarea, therefore this criteria is not applicable. (8) Maxwell /Park Avenue. (a) Recommend development of medium - density housing, while maintaining natural features, for neighborhood park and open space through use of clustering and site review. (b) Concentrate medium - density development around the commercial node, with a transition to low- density, particularly at the northern and southern boundaries of the subarea. (c) Apply site review for parcels fronting the Northwest Expressway and the Southern Pacific Railroad tracks. 3 (d) Maintain current commercial designation to the north of the line which would be Howard Avenue if ever extended westerly. Only commercial developments making unified use of five or more acres shall be allowed in the area. The property is not within the subarea, therefore this criteria is not applicable. (9) Riviera. (a) Continue existing land use pattern. (b) Rezone single - family residential south of River Avenue to medium - density and north of River Avenue to commercial zoning. (c) Rezone all residentially developed parcels south of River Avenue and east of River Road to medium - density residential use. The property is not within the subarea, therefore this criteria is not applicable. (10) River Avenue. Rezone the area north of River Avenue to commercial. The property is not within the subarea, therefore this criteria is not applicable. (11) River Road /Irving. (a) Rezone small split -zoned tax lots to their most intensive use. (b) Parcels south of Santa Clara Avenue and west of River Road, that are not already developed for commercial use, should be zoned of office development. (c) Designate the large southern undeveloped parcel for medium - density development. (d) Designate the westerly portion of the large parcel south of Santa Clara Avenue and west of River Road for medium - density development, with an emphasis on development of health - related facilities. (e) Maintain the viability of existing low- density residential development. (f) Designate professional office development for five parcels north of Santa Clara Avenue and west of current commercial development on west River Road. The property is not within the subarea, therefore this criteria is not applicable. (12) River Road /Division. (a) Designate medium - density development for undeveloped and under - developed property west of Ross Lane and west of Lee's Trailer Park. (b) The transition from professional office use to medium - density residential use should occur in the vicinity of a line projected south from the east boundary of the Santa Clara Elementary School property. (c) Rezone parcels north of Santa Clara Square and south of Green Lane for professional office use. The property is not within the subarea, therefore this criteria is not applicable. (13) Irving Light- Medium Industrial. (a) Use Planned Unit Development procedures to mitigate impacts on existing adjacent low - density residential development upon rezoning to industrial. (b) Only industrial developments, making unified use of ten or more acres shall be allowed in the area. (c) Consider amending the Plan designation to Special -Light Industrial. The property is not within the subarea, therefore this criteria is not applicable. 4 (14) Northwest Expressway. (a) Encourage development of a two- to five -acre neighborhood commercial node west of the slough for the following reasons: 1. Arterial street access 2. Access from the Northwest Expressway at Irvington Drive. 3. Large parcel size in the area. 4. Metropolitan Plan assumes large population growth in this area. (b) Apply site review for development of parcels fronting the Northwest Expressway and Southern Pacific Railroad. The property is not within the subarea, therefore this criteria is not applicable. (15) River Road/Wilkes. (a) Consolidate commercial development for property south of Swain Lane and bounded by the slough on the east and Greenwood Street on the south. (b) Rezone split -zone tax lots. (c) Designate medium - density development on the easterly portion of the large undeveloped parcel north of Swain Lane. (d) Designate community commercial development on the westerly portion of the large undeveloped parcel north of Swain Lane. Only commercial developments making unified use of five or more acres shall be allowed in the area. (e) Encourage commercial development contiguous to existing commercial uses east of River Road. (f) Encourage low- density zoning for property south of Brotherton, across from River Loop #2. (g) Designate neighborhood commercial development for two acres on the northwest corner of Irvington and River Road. Only commercial developments making unified use of one or more acres and with access limited to Irvington Drive, shall be allowed in the area. The property is not within the subarea, therefore this criteria is not applicable. (16) Public Facilities and Services. (a) Land development patterns in the area shall accommodate the provision of fire and emergency services. (Fire subsection, Policy 2) (b) If a transfer site in the western portion of the metropolitan area is desired, a cost - benefit analysis shall be conducted to determine its effectiveness before any siting plans are considered. (Solid Waste Service subsection, Policy 1) (c) Future road improvements providing sidewalks and bicycle lanes shall consider safety needs of students, especially at intersections near schools and along busy streets. (School subsection, Policy 1) (d) Encourage the continued multiple use of school facilities. (School subsection, Policy 3) (e) When appropriate, land for park and recreation facilities shall be dedicated as part of the development review process for vacant land. (Park and Recreation Service subsection, Policy 3) The proposed annexation will not alter the existing uses of the property which is currently used as residential. (17) Environmental Design Element. (a) New residential development taking place in areas adjacent to the Northwest Expressway and the Southern Pacific Railroad shall be designed so as to minimize noise and visual impacts generated by these facilities. (Relationship of the Area to the Railroad, Policy 1) (b) Examine the possibility of providing landscaping and a noise barrier along the east side of the Northwest Expressway as a means of buffering adjacent residential areas. (Relationship of the Area to the Railroad, Policy 2) (c) Residential developments shall be designed to minimize potential conflicts with adjacent agricultural operations. (Urban and Agricultural Fringe Areas, Policy 1) (d) With the exception of high voltage transmission lines, require the installation of underground utilities in developing areas. (Signs /Utilities subsection, Policy 2) (e) Landscape buffers shall be provided for power substations in the study area by the responsible utility. (Signs /Utilities subsection, Policy 3) (f) Encourage the preservation and restoration of structures, landmarks, sites, and areas of cultural, historic, or archaeological significance. (Historic Structures subsection, Policy 2) (g) Future development along vegetated sloughs shall be reviewed to determine additional requirements, if any, to maintain and improve the sloughs as environmental assets. (Vegetated Sloughs subsection, Policy 2) The property is not near the Northwest Expressway, and does not need buffering. All adjacent land is currently used as residential. There are no significant structures, landmarks or archaeological items of cultural or historical significance. (18) Transportation Element. (a) All street improvement projects should support and recognize that different streets serve different functions. (Policy 1) (b) Support alternative to the automobile including mass transit, bicycle, walking, and carpooling. (Policy 2) The applicant is aware of the need for alternative modes of transportation and that different street improvements serve different functions. The applicant is proposing annexation of one tax lot. Based on this written narrative and the supporting documents, the applicant has demonstrated that this application is consistent both the criteria and intention of the Eugene City Code as set forth in EC 9.7825. C: LEGAL DESCRIPTION: BEGINNING AT A POINT BEING SOUTH 89 ° 52'00" EAST 589.64 FEE NORTH 00 ° 08'00" EAST 150 FEET FROM THE BRASS CAP MARKIN j L JUN 17 2013 AND PL i -- rrT7°. ... -_ r ?; i SOUTHEAST CORNER OF THE MARION SCOTT DONATION LAND CLAIM NO. 56, TOWNSHIP 17 SOUTH, RANGE 4 WEST OF THE WILLAMETTE MERIDIAN, THENCE NORTH 00 0 08'00" EAST 589.20 FEET; THENCE SOUTH 89 ° 52'00" EAST 294.82 FEET; THENCE SOUTH 00 ° 08'00" WEST 438.20 FEET; THENCE NORTH 89 ° 52'00" WEST 145.00 FEET; THENCE SOUTH 00 ° 08'00" WEST 261.00 FEET TO THE NORTHERLY MARGIN OF IRVINGTON DRIVE; THENCE ALONG SAID MARGIN NORTH 89 0 52'00" WEST 60.00 FEET; THENCE LEAVING SAID MARGIN NORTH 00 ° 08'00" EAST 110.00 FEET; THENCE NORTH 89 ° 52'00" WEST 89.82 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON. REGISTEREED PR0F ti I 4 4' LAND SUE' OREGON JULY 15, 2003 KENT BAKER rx�;. -�; lZ- 3r-2cr3 -q- M 0 O co z ol ,e) LLJ Z IX V) LJ cf U LL 9 N — 0 4 'A. T : :fl C ZO " LL dM 335 004-17 VO LL dM fli I 0 0 It PO N — 0 4 'A. T : :fl C ZO " LL dM 335 004-17 VO LL dM fli I 0 0 It PO Consent to Annexation Consent is hereby given to the annexation by the City of Eugene, Oregon of the following described real property: Map and Tax Lot: 1 — 4 0 Address: 9 37 • R V) Ny T - rAx WIr 23 Legal Description: :564� A V 6 4 In the corporate limits of said city, which is owned by the undersigned DATED this /3 !!� day of 20 . ME ✓� STATE OF OREGON ) )ss County of��i�� ) On this _� day of 20 before me, the undersigned, a notary public in and for the sai county and state, personally appeared the�vithin- named, , who is known to me to be the identical individual described herein and who executed the same freely and voluntarily. &-r4n A�;V—s, Seal: IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public fLr9xegon My Commission Expires Summary of Urban Service Provision This form is intended as a guide to assist applicants in demonstrating that a minimum level of key urban services can be provided to the area proposed for annexation. Space is provided on this form for you to provide detailed information on service provision. Please add additional pages if necessary to provide details of servicing issues related to the area you are annexing. To assist you in providing this information, some contacts are listed below. For large or difficult to serve properties, you may wish to contact a private land use planning consultant to prepare your application. Property Owner(s) Name: Assessor's Map and Tax Lot Numbers for Properties Proposed for Annexation (For example: Map 17- 03- 19 -31, Tax Lot 100) 1 TA,� - Z - 3 o3 Wastewater -- All new development must connect to the wastewater (sanitary sewer) system. Is wastewater service available to serve the area proposed for annexation? (For more information, contact the Engineering staff at the City of Eugene Permit and Information Center or call 541 - 682 - 8400.) The property(ies) in this annexation request: will be served from an existing gravity wastewater line. Location and size of existing wastewater line: will be served by an extension of an existing gravity wastewater line Where will a wastewater line be extended from? When will it be extended? By whom? Lc A Y -rR U l,vcrotil IZ 0 w NCR, IA/I f^ )CrEoJD DLA)tJ� F?,y ?OS� S �BD►Vl�c o �.l Cc��►Sr,2v� a Stormwater -- Site plans for all new development must provide for drainage to an approved system consistent with the Comprehensive Stormwater Management Plan. City approval for storm drainage will be required as part of the development process. (For more information, contact the Engineering staff at the City of Eugene Permit and Information Center or call 541- 682- 8400.) Is the site currently served by an approved stormwater system? AJO 1 of 4 If yes, location? If no, how will stormwater be handled after development? - EETW rJ PE4k-C- F—( —DxaJ 5 AN Lk — =r r TIA �'K(S ?IiJ� IZ,At� - Or- �,Uto O�'� ��iA� i "T�� �c�6 lV AS a y k-R . 7 Lq k i S i - ' Streets — What existing streets provide access to this site. List existing streets that provide access to this site from River Road, the Northwest Expressway, or Beltline Highway. ��� I N) LT't7nJ ( DA1�, L�D NdR �5 V,4 Will dedication for additional street right -of -way be required upon further development of this site? Yes No Unknown Will existing streets be extended or new streets constructed upon further development of this site? Yes No Unknown (For more information, contact the City of Eugene Public Works staff at (682- 6004.) Parks, Recreation, and Cultural Services Systems Development revenues generated by new development and Ballot Measure 20 -30, Which authorized the issuance of $25.3 million in general revenue bonds, will help to fund future City park acquisition and development in this area and throughout the city. Please list the parks and recreation facilities that already exist or are planned in the general vicinity of the prooperty(ies / i / n l cluded in this annexation 4 K n V !T I { 4k, v — , FI LE Y `/ q FA Key services, defined by the Metropolitan Plan as parks and recreation programs, will be available to new city residents in this area on an equal basis with residents throughout the city. Public Safety Police services - Police protection can be extended to this site upon annexation consistent with service provision throughout the city. 2 of 4 For River Road /Santa Clara area - Police services - Police protection can be extended to this site upon annexation consistent with service provision throughout the city. Police currently travel along River Road to provide service to areas throughout the River Road and Santa Clara area. Infill annexations and development in this area will increase the efficiency of service delivery to this area. Fire and emergency services (Please indicate which fire district serves subject property.) Santa Clara - Fire protection services are currently provided to the subject property by the Santa Clara Rural Fire Protection District. River Road - Fire and emergency services - Fire protection is currently provi ed to the subject property by the River Road Water District under contract with the City of Eugene. Upon annexation, fire protection will be provided directly by the City of Eugene Fire & EMS Department. Emergency medical transport (i.e., ambulance) services are currently provided on a regional basis by Eugene, Springfield, and Lane Rural Fire /Rescue to central Lane County, including the River Road and Santa Clara areas. After annexation, this service will continue to be provided by the current provider. All ambulance service providers have mutual aid agreements and provide back -up service into the other providers' areas. Planning and Development Services -- Planning and building permit services are provided to the area outside the city limits but within the urban growth boundary by the City of Eugene. This service would continue after annexation. EWEB (Eugene Water and Electric Board) currently provides water and electric service in the Eugene area and can provide service to new development in the River Road and Santa Clara area upon annexation. Some properties in northern Eugene receive electric service from EPUD (Emerald People's Utility District). Some properties in south Eugene receive electric services from the Lane Electric Cooperative; please note if this is the case for your property. For more information contact EWEB, ph. 484- 2411, EPUD, ph. 746 -1583 or Lane Electric Co -op, 484 -1151. Electric Service — Which electric company will serve this site? Water Service -- Please provide the size and location W the water main closest to your 1 Al property. 4v �A(iJ ./�a���s AY Solid Waste -- Solid waste collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. 3 of 4 Natural Gas -- Northwest Natural Gas can extend service to new development in this area. Communications -- US West Communications and a variety of other telecommunications providers offer communications services throughout the Eugene /Springfield Area. 4 of 4 Certification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the metes and bounds description of the real property proposed for annexation closes; and the map outlining the boundary is a true representation of the description. Signature: Registered Land Surveyor Print Name: l�c -� 4 1 j c, ��e t-- Date: G A L Seal: REGISTERED PROFESSiDj\, ' LAND SIIF'J_, JULY 15, 2003 ........ KENT BAKER FX�;rcj �L - ;1 -2413 Annexation Legal Descriptions A metes and bounds legal description of the entire area proposed for annexation is required as part of an annexation application. A licensed land surveyor must prepare the description and certify the description correctly represents the affected territory. The survey must show the township, range, section number and the point -of- beginning, and have bearings and distances that match the description. Keep the following in mind when preparing boundary change legal descriptions: The point -of- beginning of the legal description must be clear. The point -of- beginning is best described by bearing and distance from a section corner, a donation land claim (DLC) corner, or another well monumented corner. • Bearings and distances must be given for each course around the boundary description. • Most deed references are inadequate as point -of- beginning or point -of -call for a boundary change description. If a deed reference is used as a point -of -call, include a copy of the deed. However, a description that consists solely of the landowner's deed or deeds is seldom adequate. • Tax lot numbers cannot be used for the legal description. • If the area is large, the use of township, range and section numbers, and quarter - quarter sections is acceptable as a legal description. • If a point -of -call is to a highway or county road, the description must state to which edge or to the centerline. • If a point -of -call is to a river or stream, the description must state whether it is on the mean high water, mean low water, thread, ordinary high water, or ordinary low water line. The bearing requirement can be dismissed along rivers and streams. Example #1 Description of Affected Territory to be Annexed Beginning at a point South 82° 16' East 136.18 feet from a point on the Easterly Right of Way Line of the Southern Pacific Company Railroad which is South 20° 29' East 700.6 feet from a point on said Right of Way Line North 89 53' West 4240.5 feet from the Northeast corner of the James E. McCabe and wife Donation Land Claim (DLC) No. 46, in Township 17 South, Range 4 West of the Willamette Meridian, said point being 120.00 feet as measured at right angles to the Easterly Right of Way Line of said Southern Pacific Company Railroad; thence South 20° 29' East parallel with said Right of Way Line 558.27 feet to the Northerly margin of Old Maxwell Road; thence along said Northerly margin South 88° 13' 23" East 66.58 feet to the Westerly margin of Allea Drive; thence leaving said Northerly margin along said Westerly margin North 3° 03' West 155.25 feet; thence leaving said Westerly margin North 89° 53' West 61.94 feet; thence North 20° 29' West 67.20 feet; thence South 89 53' East 117.14 feet; thence North 3° 03' West 272.6 feet to a point on the Southerly boundary of BRAMBLEWOOD PHASE 1 AS PLATTED AND RECORDED IN File 75, Slide 65 Lane County Oregon Plat Records; thence along said Southerly boundary North 82° 16' West 263.22 feet to the point of beginning in Lane County, Oregon. Example #2 Description of Affected Territory to be Annexed Lot 28, Block 4, SUNNY LEA, as platted and recorded in Book 10, Page 22, Lane County Oregon Plat Records, in Lane County, Oregon. Annexation Policies of the Eugene - Springfield Metropolitan Area General Plan The Eugene - Springfield Metropolitan Area General Plan ( "Metro Plan ") is the comprehensive planning document for the City of Eugene. Most annexation actions are directed by the policies found in the Growth Management Chapter, which have been collected below. A successful annexation application must explain how the annexation is consistent with one or more of these policies, and does not conflict with any of these policies. This list of policies was collected to cover most typical annexation requests. There are additional policies in the Metro Plan. The applicant is responsible for reviewing the Metro Plan for additional policies that may pertain to the applicant's property. Policies 8. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. 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. 10. Annexation to a city through normal processes shall continue to be the highest priority. 16. Ultimately, land within the UGB 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. 18. As annexations to cities occur over time, existing special service districts within the UGB shall be dissolved. The cities should consider developing intergovernmental agreements, which address transition issues raised by annexation, with affected special service districts. 20. Annexation of territory to existing service districts within the UGB shall occur only when the following criteria are met: a. Immediate annexation to a city is not possible because the required minimum level of key urban facilities and services cannot be provided in a timely manner (within five years, as outlined in an adopted capital improvements program); Except for areas that have no fire protection, affected property owners have signed consent to annex agreements with the applicable city consistent with Oregon annexation law. Such annexations shall be considered as interim service delivery solutions until ultimate annexation to a city occurs. 21. When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the following method (in priority order). a. Annexation to a city; b. Contractual annexation agreements with a city; c. Annexation to an existing district (under conditions described previously in Policy #20); or d. Creation of a new service district (under conditions described previously in Policy #15). 4 a f 4 i ++ w — L 7 L � z C 0 T � C W N O a c a 0 axi }' c a Q a > `c O Q . c. 0 fu a X o a Y � a) c a u io � 01 � c 3 v C O C ra m to C ra a+ U CL C U v Y a u II W II 7 ^ N Gp u w L a a C O a) O a a) c N N CL C Z o bi v 0 - E a) I\ C U N 0 0 L O 3 to v � u to c c c O O 0 3 C O ar m N u C C 0 a u II II �° II II C. v u u a LL o N Q u c, CL c m m fa D In a , a > O Q . f0 c 0 ' w X a) c a u io � 01 � c 3 v ,+>, a) j ra J O a a) ra a+ C o U v Y a m C c > a W D.. a) 0 s � a) O a a) cu E �o N CL � Z o N L v 0 - E a) I\ o U N 0 0 L O c �t X O o fa N x N Q fa C C T a H y fo u -o +' O 0 a) V, � v fo a u c, CL c m m fa D In a , aj ) a o o i L v Q N y L i c v fL ,N v O fa c v` 0 Y CL a c v 0 a) ° °-° v fn cr 0 a _v v N 4J Q) a j to 3 0 o a 3 a) L L Q N L a L) v i u / v Ln C a) 3 w a) a) u u l c u �7 m c F- y CU u a +� L a) 1> J W a) O � J a 0 . v � W V) u Eb c °) o O t N i 1 , z o 4- v ;cr- In a) _O Q u a _p a ..' a) M I a) r6 O O I L6 � E O Y fa x0 O a) M > ++ W ..0 u H � O ;° W u F- c J � y 2 o 4 V CL �3 J 4D y C M to Q) 0 i i a c C1 � H � r �••i N Mi Q 3 ui c v C a) CL E . 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It is not necessary to include the names of all individuals. Addresses and number of people living at each address is essential and sex and age information is helpful. If you have any questions, please contact the Planning Department at 541 -682- 5377. City of Eugene Address: J �y I roc l D 0,1 ?—'e) HOUSING TYPE TENURE Single Unit Structure (K) Owner - Occupied Multiple Unit Structure ( ) Renter - Occupied ( ) Trailer or Mobile Home ( ) Vacant Seasonal ( ) RESIDENTS Respondent 2. Last Name First Name Sex Age 3. 4. 61 6. 7. 8. 9. 10. Portland State University School of Urban and Public Affairs Center for Populat Research and Census (503) 725 -3922 E u L JUN 1 7 2013 :1,1 PL a Planning & Development Plan ning ANNEXATION APPLICATION City of Eugene 99 West 10 Avenue Eugene, Oregon 97401 (541) 682 -5377 (541) 682 -5572 Fax www.eugene- or.gov Please complete the following application checklist. Note that additional information may be required upon further review in order to adequately address the applicable criteria for approval. If you have any questions about filling out this application, please contact Planning staff at the Permit and Information Center, phone (541)682-5377,99 West 10 Avenue, Eugene. List all Assessor's Map and Tax Lot numbers of the property included in the request. - Assessorls•Map , Tax =Lot Zoning Acreage D Water: Sanitary Sewer: 1T Y O 6nl t Fire: A�lC �U ACS �l 2,t ESG (J ;Schools: , . Elementary: SPG1�E� Middle: ADIS�� High:A� /�[DRZT9 EIJ Other: Property Address: �Ry1 Plans for Future Development & Permit Number (if applicable): 1 - L.a l S oa w 1, I/ D� Public Service Districts: Name, ' Parks: '­ Electric:, \VC Water: Sanitary Sewer: 1T Y O 6nl t Fire: A�lC �U ACS �l 2,t ESG (J ;Schools: , . Elementary: SPG1�E� Middle: ADIS�� High:A� /�[DRZT9 EIJ Other: Filing Fee ❑ A filing fee must accompany all applications. The fee varies depending upon the type of application and is adjusted periodically by the City Manager. Check with Planning staff at the Permit and Information Center to determine the required fee or check website at www.eugeneplanningorg Annexation Last Revised May, 2009 Page 1 of 4 Application Form Written Statement (Submit 5 copies) ❑ Submit a detailed written statement describing- this request is consistent with all applicable criteria (Section 9.7825 of the Eugene Code). Site Plan Requirements Submit 8 copies of a site plan, drawn to an engineer's scale on 8 %" x 14" sheet of paper. Site plans shall include the following information: ❑ Show the date & north arrow on site plan. ❑ Show the Assessor's Map and Tax Lot number(s) on the site plan. ❑ Show a vicinity map on the site plan (vicinity map does not need to be to scale). . ❑ Show city limits & UGB (if applicable) ❑ Clearly label the affected territory and any public right of ways to be annexed. ❑ Show all adjacent streets, alleys, and accessways. ❑ Show all dimensions of existing public utility easements and any other areas restricting use of the parcels, such as conservation areas, slope easements, access easements, etc. ❑ Show the location of all existing structures. Other Application Requirements (Submit 5 copies of all) ❑ Petition for Annexation form listing all owners, including partial owners, and electors. This form includes the Certification of Electors which must be signed by the Lane County Elections/Voter Registration Department and also includes the Verification (Certification) of Property Owners which must be signed by the Lane County Department of Assessment and Taxation. This form is required even if the land is vacant. ❑ Notarized Consent to Annexation form. ❑ A legal description of the land proposed for annexation, including any public right of way prepared by a registered land surveyor. Oregon Revised Statues (ORS) 308.225 requires submittal of a closing metes and bounds description or subdivision block and lot number description. Please see example of acceptable legal descriptions contained in the application packet. The legal description must exactly correspond with the map included with the application or the Assessor's map. ❑ Summary of Urban Service Provision form. ❑ A county Assessor's cadastral map. (Available at Lane County Assessment & Taxation) ❑ Census Information Sheet. Note: This is not a complete list of requirements. Additional information may be required after further review in order to adequately address the applicable approval criteria. Annexation Last Revised May, 2009 Page 2 of 4 Application Form By signing, the undersigned certifies that he /she has read and understood the submittal requirements outlined, and that he /she understands that omission of any listed item may cause delay in processing the application. I (We), the undersigned, acknowledge that the information supplied in this application is complete and accurate to the best of my (our) knowledge. PROPERTY OWNER OF TAX LOT: Z 3 0 3 Name (print): �1�ucr 1 � 6vs �C)mle / Address: 3 YV L,p;J Email: Wz t:: & MCAST, City / State/ Zip: � - 6 ` � EYv L—, Phone: Fax: Signature: Date: PROPERTY OWNER OF TAX LOT: Name (print): Address: Email: City /State /Zip: Phone: Fax: Signature: Date: PROPERTY OWNER OF TAX LOT: Name (print): Address: Email: City /State /Zip: Phone: Fax: Signature: Date: SURVEYOR: Name (print): Company /Organization: Address: - P �, - rX �5� e� -! 7 -7 S Annexation Last Revised May, 2009 Page 3 of 4 Application Form City /State /Zip: Phone: ?'y Fax: E -mail: Signature: Date: (o j L Z 013 REPRESENTATIVE (If different from Surveyor): Name (print): - "i � A : : A V&A Company /Organization: Address: `/0 ) A�t'✓ City /State /Zip: j �/v �,i� Phone: 6 ,e3 70�Ej Fax: E -mail: �JZ u G Nqs . C41tl Signature: / Z/?0 1 "Attached additional sheets if necessary. Annexation Last Revised May, 2009 Page 4 of 4 Application Form so£Z lol xal -` SNOISIn F '� - aoE3 ei� _ 07E0 60 L4 dVW xtll m� „a - � tees ltssl elate tlo'3N3on3 — vva 3 H�MtlON Z4GE 2!0 NOIDNIA2Jl L£6 - - -- and -- -- - i - -- - -- ONI J MIO IIAIO `d 32 V NO i o 0 o o i �IINI� �H r 7