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HomeMy WebLinkAboutResolution No. 5331 COUNCIL RESOLUTION NO. 5331 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR’S MAP 17-04-12-20, TAX LOT 900 LOCATED AT 801 RIVER LOOP 1). PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: July 26, 2021 RESOLUTION NO. 5331 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR’S MAP 17-04-12-20, TAX LOT 900 LOCATED AT 801 RIVER LOOP 1). The City Council of the City of Eugene finds that: A. An annexation application was submitted on May 12, 2021, by Kendall & James Homes, LLC, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) to annex property identified asAssessor’s Map 17-04-12-20, Tax Lot 900, to the City of Eugene. B. The property proposed to be annexed is depicted on the map attached as Exhibit A to this Resolution. The legal description of the property proposed to be annexed 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 Findings and Recommendation are attached as Exhibit C. D. On June 25, 2021, a notice containing the street address, the assessor’s map and tax lot number for the property, a description of the land proposed to be annexed, and the Planning Director’s preliminary recommendation was mailed to the applicant, owners and occupants of properties located within 500 feet of the perimeter of the subject property, and the Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on July 26, 2021. 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 Findings and Recommendation which are attached as Exhibit C and are adopted in support of this Resolution, it is ordered that the land identified as Assessor’s Map 17-04-12-20, Tax Lot 900, which is depicted on the map attached as Exhibit A, and more particularly 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 Kendall & James Homes, LLC (City File: A 21-7) Application Submitted: May 12, 2021 Applicant: Kendall & James Homes, LLC Property Included in Annexation Request: Tax Lot 900 of Assessor’s Map 17-04-12-20 Zoning: AG Agriculture with /UL Urbanizable Land and /WR Water Resources Overlays Location: 801 River Loop 1 Representative: Metro Planning, Inc. Surveyor: EGR & Associates, Inc. Lead City Staff: Rodney Bohner, Associate Planner, City of Eugene Planning Division, 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. Theapplicable 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 contiguous to City limits along the property’s south and west boundaries, consistent with subsection (a). YES NO EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Complies Findings: 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 within the UGB, including the following policies from the Growth YES NO Management section (in italic text): 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-5). K & J Homes, LLC (A 21-7) June 2021 Page 1 Policy 15. 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 following policy from the Residential Element of the Metro Plan is also applicable: Policy A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan, and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and UGB until rezoned for urban uses. The Metro Plan designates the annexation area as appropriate for low density residential use. The River Road - Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted refinement plan for the subject property, which also designates the area for low density residential use. The property is zoned AG Agricultural with /UL Urbanizable Land and /WR Water Resources Conservation overlays. The /UL overlay will be automatically removed from the property following annexation approval. The base zoning of AG Agricultural and the /WR Water Resources Conservation overlay will remain Regarding applicable policies of the RR/SC UFP, the subject property is not located within an identified subarea. The proposed annexation does not appear to conflict with any of the Land Use Policies or Residential Policies. The “Public Facilities and Services Element” policies of the RR/SC UFP are directed at local government; however, the premise of these policies (regarding 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. Based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and RR/SC UFP refinement plan. 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: 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, efficient, and timely manner as detailed below: YES NO Wastewater Wastewater service is available in River Loop 1 via an 8-inch main line which demonstrates that service is available to the site. In the event of future improvements, evaluation of service connections will occur. K & J Homes, LLC (A 21-7) June 2021 Page 2 Stormwater The applicant cites the abutting East Santa Clara Waterway as evidence of available stormwater infrastructure. Staff note that the East Santa Clara Waterway is a Goal 5- protected riparian resource and, therefore, discharge of stormwater into the stream is subject to a Standards Review application and development standards at EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5). Stormwater management will be more precisely determined at the time of future development. Transportation The property has frontage on River Loop 1, a public street that connects to other streets allowing access to the greater public street system. In the event further development, additional evaluation of access to the public street system would occur at that time. Solid Waste Collection service is provided by private firms. Regional disposal sites are operated by Lane County. Water and Electric Eugene Water and Electric Board (EWEB) staff confirm that water and electric services are available to the property. Water and electric services can be extended to the subject property in accordance with EWEB policies and procedures. Public Safety Police protection can be extended to this site upon annexation consistent with service provision through the City.Fire protection will be provided by Eugene Springfield Fire. Emergency medical services are currently provided on a regional basis and will continue in the same manner upon annexation. Parks and Recreation Parks and recreation programs are provided on a City-wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. 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 communications services throughout the Eugene/Springfield area. Public Schools K & J Homes, LLC (A 21-7) June 2021 Page 3 The subject property is within Eugene School District 4J and is within the district boundaryof Awbrey Park Elementary School, Madison Middle School, and North Eugene High School. As access to schools is evaluated on a district-wide basis, the property’s location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. 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. A map and legal description showing the area subject to annexation are included in the application file for reference. The effective date will be set in accordance with State law. INFORMATIONAL ITEMS: Upon approval of the annexation, the /UL Urbanizable Land overlay will be removed. The base zoning of AG Agricultural and the /WR Water Resources Conservation Overlay Zone will remain. Please contact the Permit Information Center, Planner-on-Duty at 541-682-5377 for more information. Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. K & J Homes, LLC (A 21-7) June 2021 Page 4