Loading...
HomeMy WebLinkAboutResolution No. 5128 COUNCIL RESOLUTION NO.5128 A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (SOUTHWEST CORNER OF RIVER ROAD AND RIVER LOOP 2, AND IDENTIFIED AS ASSESSOR’S MAP 17-04-02-31, TAX LOT 1500). PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Poling CONSIDERED:February 23, 2015 RESOLUTION NO. _5128 A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (SOUTHWEST CORNER OF RIVER ROAD AND RIVER LOOP 2, AND IDENTIFIED AS ASSESSOR’S MAP 17-04-02-31, TAX LOT 1500). The City Council of the City of Eugene finds that: A. An annexation application was submitted by the Karolyn S. Wolf Testamentary Trust onDecember 2, 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 Map17-04-02-31, Tax Lot1500. 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 theSanta Clara Community Organization.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 17-04-02-31, Tax Lot1500, asdepicted on the map attached as Exhibit A, and described inthe legal description attached as Exhibit B,is annexed to the City of Eugene. Resolution -Page 1of 2 Exhibit B )<,-&-8' Planning Director’s Recommendations and Findings: 33 Acres at SW corner of River Road & River Loop 2 (Wolf Trust) (A 14-8) Application Submitted: December 2, 2014 Applicant: Karolyn S. Wolf Testamentary Trust Map/Lot(s): 17-04-02-31, Tax Lot 1500 Zoning: AG/WR/UL,Agricultural with Water Resources and Urbanizable Land Overlays; R-1/WR/UL, Low Density Residential with Water Resources and Urbanizable Land Overlays Location: Southwest corner of River Road and River Loop 2 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 lottotaling 33.76 acres. The annexation area is within the City's urban growth boundary and is contiguous to the city YES NO limits along all of itsboundary 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 low-density residential use. TheRiver Road / Santa Clara Urban Facilities Plan is the adopted refinement plan for the annexation area and also designates the area for low-density residential use. The subject property is mostly zoned AG/WR/UL, Agricultural with Water Resources and Urbanizable Land overlay zones. A small portion of the subject property, abutting River Road, is currently zoned R-1/WR/UL, Low Density Residential with Water Resources and Urbanizable Land overlay zones. Upon annexation, the /UL overlay will automatically be removed. The /WR overlay will remain. The /WR overlay was applied in order to protect the portion of Spring Creek which bisects the parcel. No development is proposed with this annexation application. The applicant intends on subsequently filing zone change and subdivision applications for future single-family development. 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 Wastewater Public wastewater is available to serve the subject property. Several public wastewater lines have been stubbed to the property boundaries within the adjacent streets. Stormwater Spring Creek flows through the center of the site, which is a Goal 5 adopted riparian resource with a 20-foot setback. Stormwater discharge is possible, subject to the water being pre-treated and, if there are any downstream capacity issues, detained on-site to reduce peak flows. The development review process (i.e. subdivision) will include an evaluation for minimizing and mitigating natural resource impacts. Compliance with the stormwater development standards for pre-treatment and any detention requirements will be confirmed during the development permit process. River Road & River Loop 2 (Wolf Trust) (A 14-8) January 2015 Page 2 Streets The property abuts River Road, to the east, and several streets terminate at the property boundaries. 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. 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. Filbert Meadows, a neighborhood park, abuts the northwest portion of the 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 telecommunicationsproviders offer services throughout the Eugene/Springfield area. Public Schools The subject property is within the Eugene 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, 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. River Road & River Loop 2 (Wolf Trust) (A 14-8) January 2015 Page 3 River Road & River Loop 2 (Wolf Trust) (A 14-8) January 2015 Page 4