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HomeMy WebLinkAboutResolution No. 5111 COUNCIL RESOLUTION NO.5111 A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-10-42 TAX LOT 3500) AND A PORTION OF RIGHT-OF-WAY (GOLF CLUB ROAD) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED:July 28, 2014 RESOLUTION NO. 5111 A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (PROPERTY IDENTIFIED AS ASSESSOR’S MAP17-04-10-42TAX LOT 3500)AND A PORTION OF RIGHT-OF-WAY (GOLF CLUB ROAD) The City Council of the City of Eugene finds that: A. An annexation application was submitted by Westside Baptist Church,onJuly 3, 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 Map17-04-10-42 Tax Lot 3500.The applicant amended the application on June 16, 2014 to include the abutting right-of-way, known as Golf Club Road, in the request. B. The territory proposed to be annexedis described in Exhibit A attached to this Resolution, and depicted on the map attached as Exhibit Bto this Resolution. 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. OnJune 27,2014,a notice containing the assessor’s map and tax lotnumber,a description of the land proposed to be annexed, and the Planning Director’s preliminary recommendation was mailed to the applicants,ownersand occupants of property within 500 feet of the subject property, and theSanta Clara Community Organization.The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation onJuly28, 2014. 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 Cwhich are adopted in support of this Resolution, it is ordered that the land identified as Assessor’s Map 17-04-10-42Tax Lot 3500 and the abutting GolfClub Road right-of-way, as described in the attached Exhibit A and shown on the map attached as Exhibit B, is annexed to the City of Eugene. Resolution -Page 1of 2 Exhibit A )\LMFMX' 4EKISJ Westside Baptist Church (A 13-5) Application Submitted: July 3, 2013 Application Amended: June 16, 2014 Applicant: Westside Baptist Church Map/Lot(s): 17-04-10-42: 3500 Zoning: R-1/UL/CAS Low-Density Residential with Urbanizable Land and Commercial Airport Safety overlays Location: 1375 Irving Road and the right-of-way known as Golf Club Road Representative: Lead City Staff: 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) (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. Findings: The area to be annexed includes Tax Lot 3500, which is roughly 17 acres of Complies land containing a church (formerly the Eagles Lodge). The applicant proposes, with Lane -of-way YES NO known as Golf Club Road, which is an unimproved roadway located between the southern boundary of the subject property and Irving Road. 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 contiguous to the subject property to the north and east. EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Findings: The proposed annexation area is within the UGB. Several policies from the Complies Metro Plan generally support this annexation by encouraging compact urban growth to achieve efficient use of land and urban service provisions within the UGB, including the YES NO following: C. Growth Management, Goals, Findings and Policies: Policy 8. Land within the UGB may be converted from urbanizable to urban only Westside Baptist Church (A 13-5) July 2014 Page 1 )\LMFMX' 4EKISJ 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 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 subject property is currently zoned R-1 Low-Density Residential with Urbanizable Land and Commercial Airport Safety overlays. Upon annexation, the /UL overlay will automatically be removed. The property is designated as Parks and Open Space in the Metro Plan and River Road/Santa Clara Urban Facilities Plan (RR/SC UFP). While not a part of this annexation request, the City of Eugene and Lane County are considering redesignation of this property to Low Density Residential. While action on this zoning and plan designation. With regard to applicable policies of the RR/SC UFP, the subject property is not within an es and Services 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. Findings: The proposed annexation will result in a boundary in which the minimum level Complies of key urban facilities and services can be provided in an orderly, efficient, and timely manner as detailed below: YES NO Westside Baptist Church (A 13-5) July 2014 Page 2 )\LMFMX' 4EKISJ Wastewater Public wastewater is available to serve the property from an existing eight-inch mainline that has been extended to the southern property boundary, within Golf Club Road, from the public system located within Irving Road. Stormwater Public stormwater is available to serve the property from an existing 36-inch mainline located within a public utility easement along the north property line. Compliance with the stormwater development standards for pre-treatment and any detention requirements will be confirmed during the development permit process. Streets The applicant requests the inclusion of the abutting right-of-way, Golf Club Road. Lane County staff confirms that they favor including the Lane County right-of-way as part of the annexation because it is provided by Irving Road, to the south. The property abuts the Northwest Expressway to the west, but no direct access is allowed. Any street improvements will be determined at the time of property development. 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. Referral comments from EWEB staff state no objections to the proposed annexation and include contact information for obtaining additional service information. 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. Referral comments from the Fire Marshal indicate no concerns with the proposed annexation. Parks and Recreation A minimum level of park service can be provided to the proposal area as prescribed in the Metro Plan. Ferndale Neighborhood Park is located approximately 3,665 feet to the northwest and Golden Gardens Natural Area is located approximately 4,550 feet to the southeast. 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 Westside Baptist Church (A 13-5) July 2014 Page 3 )\LMFMX' 4EKISJ 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 Bethel School district and is served by Irving Elementary School, Shasta Middle School and Willamette 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. Westside Baptist Church (A 13-5) July 2014 Page 4