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HomeMy WebLinkAboutResolution No. 5127 COUNCIL RESOLUTION NO.5127 A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (NORTHWEST CORNER OF COUNTY FARM ROAD AND LAKEVIEW DRIVE, AND IDENTIFIED AS ASSESSOR’S MAP 17-03- 08-44, TAX LOT 6200 AND A PORTION OF TAX LOT 9200). PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Poling CONSIDERED:February 23, 2015 RESOLUTION NO. 5127 A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (NORTHWEST CORNER OF COUNTY FARM ROAD AND LAKEVIEW DRIVE, AND IDENTIFIED AS ASSESSOR’S MAP 17-03-08-44, TAX LOT 6200 AND A PORTION OF TAX LOT 9200). The City Council of the City of Eugene finds that: A. An annexation application was submitted by MWIC Eugene, LLC, onOctober 23, 2014,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 Map17-03-08-44, Tax Lot6200 anda portion of Tax Lot 9200. B. The territory proposed to be annexedis 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. OnJanuary 23, 2015,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,ownersand occupants of property within 500 feet of the subject property, and theNortheast Neighbors.The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on February 23, 2015. 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 17-03-08-44, Tax Lot6200 and a portion of Tax Lot 9200, asdepicted on the map attached as Exhibit A, and described in the legal description attached as Exhibit B,is annexed to the City of Eugene. Resolution -Page 1of 2 EXHIBIT C Planning Director’s Recommendations and Findings: 3120 County Farm Road (MWIC Eugene, LLC) (A 14-7) Application Submitted: October 23, 2014 Applicant: Jason Tokarski, Manager, MWIC Eugene, LLC Map/Lot(s): 17-03-08-44, Tax Lot 6200 and a portion of Tax Lot 9200 Zoning:R2/UL; Medium Density Residential with Urbanizable Land Overlay Location: 3120 County Farm Road; County Farm Road and Lakeview Drive Representative: Bill Kloos, 541-954-1260 Lead City Staff:Steve Nystrom, 541-682-8385 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 area to be annexed includes one tax lot and one partial tax lot totaling 0.35 acres. The annexation area is within the City's urban growth boundary and is YES NO contiguous to the city limits along all of its boundary lines. EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Findings: Several policies from the Metro Plangenerally support this annexation by Complies encouraging compact urban growth to achieve efficient use of land and urban service provisions within the UGB, including the following: YES NO 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. 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 medium density residential use. TheWillakenzie Area Plan is the adopted refinement plan for the annexation areaand also designates the area for medium density residentialuse. The subject property is currently zoned R2/UL Medium Density Residential with Urbanizable Land overlay zone. Upon annexation, the /UL overlay will automatically be removed. No development is proposed with this annexation application. 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. An 8-inch main line is located within Lakeview Drive, the street located just south of tax lot 9200. The applicant confirms that they will extend public wastewater within the subject property at the time of development, at the developer’s expense. Stormwater Public stormwater facilities are available to serve this site. There are public mainlines of varied diameters within Lakeview Drive. Stormwater runoff generated by development may be accommodated on-site, or discharged to a new stormwater flood control facility constructed by the applicant. Compliance with applicable stormwater development standards will be ensured at the time of development. The applicant confirms that future development of the subject property will include onsite stormwater management facilities to infiltrate all runoff within the bounds of the subject property. Available dataindicates that the site is suitable for infiltration. This type of stormwater management is preferred in the City’s stormwater development 3210 County Farm Road (MWIC Eugene, LLC) (A 14-7) November 2014 Page 2 standards, for providing pollution-reduction and minimizing contributing flows to the public system and to more closely mimic the natural hydrological cycle. Compliance with the stormwater development standards for pre-treatment and any detention requirements will be confirmed during the development permit process. Streets The property is located at the northwest corner of the intersection of County Farm Road and Lakeview Drive. Lakeview Drive is classified as a local street. County Farm Road is designated as a major collector. 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 Willakenzie/Eugene RFPD. 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 subject area as prescribed in the Metro Plan. Armitage Park, a major county park, is roughly ½ mile from the subject property. Smaller city parks, including Gilham Park at Gilham Elementary, are also within ½ mile 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 A variety of telecommunications providers offer services throughout the Eugene/Springfield area. 3210 County Farm Road (MWIC Eugene, LLC) (A 14-7) November 2014 Page 3 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. 3210 County Farm Road (MWIC Eugene, LLC) (A 14-7) November 2014 Page 4