HomeMy WebLinkAboutResolution No. 5093COUNCIL RESOLUTION NO. 5093
A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (PROPERTY IDENTIFIED AS ASSESSOR'S MAP
17- 04- 14 -32, TAX LOT 3800).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: September 23, 2013
RESOLUTION NO. 5093
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS ASSESSOR'S MAP 17- 04- 14 -32, TAX LOT
3800).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by John W. Pennington Family Trust
(Trustee: Thomas W. Pennington) on May 22, 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- 14 -32, Tax Lot 3800.
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 River Road 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- 14 -32, Tax Lot 3800 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 R- l/UL /WR; C- 1/UL /WR to
R -1 /WR; C -1 /WR pursuant to EC 9.7820(3) shall become effective in accordance with State law.
The foregoing Resolution adopted the 23 day of September, 2013.
City Recorder
Resolution - Page 2 of 2
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Exhibit B
Legal .Description of Affected Yertory. to 1>67,
Map and T&k L - 1`7-0414-32-03800
A unit of landbeing situated in Southwest Y4 Section: l4, Township 17 Soutft,
Range 4Wesf.ofi i;e'V\'FjUame said unit:Pf land being more
particularly described at f6llbWs
qbIrnmEmchg at the Northeast.corne.rofthe James E,.- McCabe DahatfonLabd
Claim Noe 46, in trip 1 South, Range 4 West ofthe Meridi4N
Then South n59'D.(? - W--st'2229.66 feet and South 00'00'0.0" East 1226.50 feette-a point. in.the centerline of Cou.nfy koad-No. i008 .(known as Maxwell
sai Road), . Pohij bejng.the POINT OF BEGINNING of this unit of land;
Thence along said cent6rfinei, Sofxffi 89 '5-9'bo"VVest the Northeast
comer of that certain parcel of land described in. deec[ta the. Ar_chdiobese--of
Rort . I and in'Ofe0n,r6corded July Recepfroh t4p.-I Lane County
Cregon'Deed Records;
Therfcealong the Eastlinaof parcel, 8bUfh 0b*01 East 821.60 feetAb
fhiB-S&Lithdast'co'me'r the'r66f,
Thence Southerly line of'said parcel, North 78.`26'00" Vilest 131X73 feet
to a comer. Iti fhe-most-Easiprly 1 t s-Df that certain parcel 1 -of land described in
n
deed to Lane- Cdurity, a. pPliticW- - -sublai-W - sion of the'State of Otegoh, fecorded
May 10 lb63, file pion No. 10072 Lane P
t - Oregon Deed Records.;:
Thence glongteE-asf line -ofsald parcel, - South-A*1'1'26 East429.00 -fadt 1 a.
0oidt.0r'v' the S6bth IjW, of that .cpftjn'parcel ofland. described - Ift' deed. taJohh'W.
Pennington fecorded in Book 233 Page 1:57, Larle. County Qregpq Deed
T - hpnco- along said S&Ah Fhe,- North OTOD'P - T East 98779 - fgetb a point on, the
centerline of Coahiy Road No, 1 Q08 (known as -Patk-Avenue);
Thence alohq said centerffne 00°OnG" East 577.15. feet to the poh
'intersection kh tkeTfiv§t SbUthei Line of that pertain parcel of ]and described in
deed to Lane County- A pokical-subdivisloh of the State of Oregon, recorded
Decertbet 24 1 Reception No.. 866 13,. Lane County- 0"-fegph Deed Records;
T_ipgoe:aloqq said southerly rive, "South 8959.'00. West 30.00
Southwest - owner thereof,
Thenca-along rheWest fine of said pqrqeI,North 0 °1 0'00" East 233:36, feet to a
-P . oih.t R-hon the South I]ine ofihaf-oertaih parcel- bf-Iind described in, deed to George
F�, Win ard abd ee Wingard recorded October 8 Reception No
Lane County Oregon Deed Records;
Thence alan said South line, South 89' a5uo fe et to t.
.9 e he
Southwest comer there
Thence along the fine bfsaid parcel,, North 0 East, 413..93 feet to the.
Point of Regihning, n. Lan-e County, Oreg6n.
Exhibit C
Page 1 of 4
Planning Director's Recommendations and Findings:
Pennington Family Trust (A 12 -3)
EUGENE
Application Submitted: May 22, 2013
Applicant: John W. Pennington Family Trust
Map /Lot(s): 17- 04 -14 -32 Lot 3800
Zoning: R- 1 /UL /WR; C- 1 /UL /WR
Location: South side of Maxwell Road between Maxwell Connector and North Park
Representative: Rick Satre
Lead City Staff:
I 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 south, western 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 2of4
Satterwhite Family Trust (A 12 -1) July 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
adopted refinement plan the River Road Santa Clara Urban Facilities Plan (RR /SC UFP) is
the adopted refinement plan for the subject properties and designates the area for
medium density residential and commercial uses. If the annexation is approved, per EC
9.7820(3), the annexation area will remain zoned C -1 /WR and R -1 /WR, and the /UL
overlay will be automatically removed from the annexation area.
With regard to applicable policies of the RR SC UFP the subject property is in the
Maxwell /Park Avenue subarea. The recommendations in this area apply to the
designation and zoning of properties but not annexation. 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 N. Park Ave and an fl-
inch stub to serve the vacant property (per as- construct record, micro file no. 3040.040).
Satterwhite Family Trust (A 12 -1) July 2012 Page 2
Exhibit C
Page 3 of 4
Additionally, there is an 8 -inch public line within Maxwell, though there doesn't appear
to be an existing stub to the property from this line. Related wastewater assessments
have not yet been paid, and will be due at the time of development.
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 Maxwell Road, Maxwell Connector, and North Park
Avenue. Lane County referral comments indicate that Maxwell Connector and North
Park Avenue are both Lane County roads functionally classified as urban Local Roads
Both Maxwell Connector and North Park Avenue are maintained by the City of Eugene
per intergovernmental agreement. Maxwell Road is a Lane County road, maintained by
Lane County and is functionally classified as an urban Minor Arterial. 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 there is an existing 8 -inch cast
iron water main along the east side of North Park and a 6 -inch cast iron water main on
the north side of Maxwell Road. The River Road Water District currently serves the
subject property. EWEB will take over water service once property is removed from the
special district and adequate service can be made at the time of development.
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 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
Satterwhite Family Trust (A 12 -1) July 2012 Page 3
Exhibit C
Page 4 of 4
the Metro Plan. The property is currently located the River Road —Santa Clara parks
planning district with Walnut Grove park just to the south and Bramblewood Park just
north of Maxwell 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.
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 4.1 School district and is served by Howard Elementary
School, Kelly 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