HomeMy WebLinkAboutResolution No. 5131
COUNCIL RESOLUTION NO.5131
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS ASSESSOR’S MAP 18-03-16-20, TAX
LOT 2800).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED:May 11, 2015
RESOLUTION NO. 5131
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS ASSESSOR’S MAP18-03-16-20, TAX LOT
2800).
The City Council of the City of Eugene finds that:
A.
An annexation application was submitted byShannon Turner on behalf of Spring
Knoll, LLC, onDecember 19, 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 Map18-03-16-20,TaxLot 2800.
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.
OnApril 10, 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 theSoutheast Neighbors.The notice advised that the
City Council would consider the Planning Director’s full recommendation on the proposed
annexation onMay 11, 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 18-03-16-20,Tax Lot 2800on the map attached as
Exhibit A, and described in the attached Exhibit B,is annexed to the City of Eugene.
Resolution -Page 1of 2
Exhibit A
Exhibit B
Exhibit C
Planning Director's Findings and Recommendation
Annexation Request for Spring Knoll, LLC
(City File A14-9)
Application Submitted:
December 19, 2015
Applicant:
Spring Knoll, LLC
Property Included in Annexation Request: 280018-03-16-20
Tax Lot of Assessor’s Map
Zoning:
R-1/WR/UL Low Density Residential with Water Resourcesand Urbanizable LandsOverlay
rd
Location:
At the end of Wendell Lane on the north side of E. 43Ave., approx. 0.4 mile east of E. Amazon Dr.
Representative:
Shannon Turner;541/912-0273
Lead City Staff:
Erik Berg-Johansen, City of Eugene Planning Division, 541/682-5437
EVALULATION:
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.
CompliesFindings:The annexation area is within the City's urban growth boundary (UGB), and is
contiguous to the City limits, consistent with subsection (a).As shown in the application
YESNO
materials and confirmed by City staff, the City limits are contiguous with the subject area of land
along all of its boundaries.
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans.
CompliesFindings:Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to achieve efficient use of land and urban service provisions
YESNO
within the UGB, including the followingpolicies from the Growth Management section (in italic
text):
Policy 8.Land withinthe 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)
Spring Knoll, LLC(A 14-9)April 2015Page 1
As addressed below under subsection (3), and consistent with these policies, a minimum level of
key urban facilities and services can be provided to the area in an orderly and efficient manner.
The South Hills Studyis the applicable refinement plan for the area. The following policies from
that plan areapplicable to this request (in italic text):
Insure that annexation serves a public purpose as well as a private purpose
That future annexation requests within the potential urban service area be evaluated upon
the following bases:
a.The ability of the community to provide public services for the potential
development in an economic and efficient manner; and
b.The previous maintenance of the property as a desirable residential environment
(Note: if the City adopts an ordinance governing vegetation removal as a result of
the present City Council subcommittee research, the standards set forth in that
ordinance could provide the basis for evaluation previous maintenance of the
property.
As previously discussed in this subsection, and further detailedunder 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, consistent with thisrefinement planpolicy. 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.
Therefore, based on the findingsabove, the proposal is consistent with the applicable policies of
the South Hills Study.
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.
CompliesFindings: Consistent with this criterion, 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,
YESNO
efficient, and timely manner as detailed below:
Wastewater
Public wastewater is available to serve the subject property. There is an 8-inch line within an
existing public utility easement along the northerly property line; private pumps may be required
if connection is proposed to this system. Another 8-inch public wastewater line has just been
rd
constructed within a public utility easement south of the property along E 43Ave (PEPI #4519);
gravity flow to this system is feasible. There is an on-hold assessment for wastewater
improvements that will be payable at the time of development.
Stormwater
Stormwater runoff generated by development may be accommodated on-site, or discharged to a
new stormwater flood control facility constructed by the applicant. There is an open waterway on-
site that outfalls to a 15-inch piped public system near the westerly property boundary; this
waterway appears to be a protected Goal 5 waterway and certain uses may require additional land
use/permits. Compliance with applicable stormwater development standards will be ensured at the
time of development. Flow control standards will be applicable if stormwater runoff is discharged
to an open waterway at a point above 500 feet in elevation.
Transportation
rd
The subject property abuts a segment of E 43Ave., a local street that terminates as a cul-de-sac
bulb immediately southwest of the subject property. Wendell Lane also terminates at the site’s
northeasterly property boundary. Street connectivity, right-of-way dedication, and street
improvement will be evaluated at the time of development.
Spring Knoll, LLC(A 14-9)April 2015Page 2
Solid Waste
Collection service is provided by private firms. Regional disposal sites and the Short Mountain
Landfill are operated by Lane County.
Waterand Electric
Eugene Water and Electric Board (EWEB)Water staff confirmthat adequate water service can be
made available at the time of development and therefore has no objection to the annexation.
EWEB Electric staff state they are prepared to serve this area, and have no objection to the
proposed annexation. Lane Electric currently serves part of this area but ahas contacted EWEB
about transferring the service boundary.
Public Safety
Police protection can be extended to this site upon annexation consistent withservice provision
through the City.Fire protection will be provided by the City of Eugene Fire Department.
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 asprescribed in the Metro
Plan. Additionally, the subject property is within the park service area for Shadow Wood City
Park, a developed neighborhood park.
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
Avariety of telecommunications providers offer communications services throughout the
Eugene/Springfield area.
Public Schools
The subject property is within EugeneSchool District4Jand is withinthe district boundaryof
EdgewoodElementary School, Spencer ButteMiddle School, and South EugeneHigh School.
CONCLUSION:
Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825,the proposed
annexation is consistent with the applicable approval criteria. Amapand legal description showing the area subject to
annexationareincluded in the application file for reference.The effective date is set in accordance with state law.
INFORMATION:
Upon approval of the annexation, the base zoning of R-1 Low Density Residential and WR (Water Resources)
overlay will remain; however, the /UL Urbanizable Lands overlay will be automatically removed from the
annexation area. Please contact the Permit Information Center,Planner-on-Duty at 682-5377 for more
information.
Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory
requirements.
Spring Knoll, LLC(A 14-9)April 2015Page 3