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HomeMy WebLinkAboutResolution No. 5332 COUNCIL RESOLUTION NO. 5332 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSORÓS MAP 17-03-28-40, TAX LOT 2103 LOCATED AT 158 SOUTH GARDEN WAY, AND TAX LOT 2200 LOCATED AT 132 SOUTH GARDEN WAY IN EUGENE, OREGON). PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: September 27, 2021 RESOLUTION NO. 5332 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR’S MAP 17-03-28-40, TAX LOT 2103 LOCATED AT 158 SOUTH GARDEN WAY, AND TAX LOT 2200 LOCATED AT 132 SOUTH GARDEN WAY IN EUGENE, OREGON). The City Council of the City of Eugene finds that: A. David L. Chase is the owner of real property located at 158 South Garden Way, Eugene, Oregon (Assessor’s Map 17-03-28-40, Tax Lot 2103). Brenaman Family Revocable Living Trust is the owner of real property located at 132 South Garden Way, Eugene, Oregon (Assessor’s Map 17-03-28-40, Tax Lot 2200). An annexation application was submitted on March 29, 2021, by the applicant, Cornerstone Community Housing, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) to annex properties identified as Assessor’s Map 17-03-28-40, Tax Lots 2103 and 2200 to the City of Eugene. B. The properties proposed to be annexed are depicted on the map attached as Exhibit A to this Resolution. The legal descriptions of the properties proposed to be annexed are 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 August 27, 2021, a notice containing the street address, the assessor’s map and tax lot numbers for the properties, 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 Harlow Neighbors Association. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on September 27, 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 17-03-28-40, Tax Lots 2103 and 2200, which Resolution - Page 1of 2 Exhibit C Planning Director’s Findings and Recommendation Annexation Request for Cornerstone Community Housing (City File:A21-8) Application Submitted:June 10, 2021 Applicant: Cornerstone Community Housing Property Included in Annexation Request: Tax Lots2103 and 2200of Assessor’s Map17-03-28-40 Zoning:AG Agricultural with /UL Urbanizable Land Overlay Location: 132 and 158 S. GardenLane Representative:Colin McArthur, Cameron McCarthy Landscape Architecture and Planning Lead City Staff: Nicholas Gioello, City of Eugene Planning Division, 541-682-5453 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, itis subject to review and approval in accordance with the requirements, applicationcriteria 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 iswithin the City’s urban growth boundary (UGB) and is contiguous to the City limitsconsistent with subsection (a). As shown in the application materials and confirmed by City staff, the City limits are contiguouswith the subject area YESNO of land along all property lines. EC 9.7825(2) The proposed annexation is consistent with applicablepolicies in the Metro Plan and in any applicable refinement plans. CompliesFindings: Several policies from theMetro Planprovide support for this annexation by encouraging compact urban growth to achieve efficient use of land and urban service provisions within the UGB, including the followingpolicies from the Growth YESNO 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 ofurbanizable land to urban shall also be consistent with the Metro Plan. (page II-C-4) Cornerstone Community Housing(A 21-8)August2021Page 1 Exhibit C Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II-C-5). 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 property to be annexed as appropriate for high-density residential use and identifies the property as located within the Nodal Development Area. Per Eugene Code 9.7820(3)(a) any land identified as a Nodal Development Area shall be automatically included in the Eugene /ND Nodal Development Overlay Zone upon annexation. The property is currently zoned AG Agricultural with /UL Urbanizable Land overlay. In accordance with EC 9.7820(3), the /UL overlay will be automatically removed from the property and the /ND overlay will be added following annexation approval. It is noted that prior to new development on the site, the property will need to be rezoned consistent with the Metro Plan and applicable refinement plan designations. The Willakenzie Area Plan (WAP) is the adopted refinement plan for the subject property. The subject property is located within the WAP’s South Region and the Chase Gardens Subarea. The WAP designates the property for high-density residential use within the mixed-use subarea. With regard to applicable policies of the WAP, none of the listed policies for this subarea appear to be directly applicable to the subject property except Policy and Proposed Actions (11) which states, “Upon annexation and prior to land division or development, properties located along or east of Garden Way shall rezone to S-CN Chase Node Special Area Zone”. Based on this Policy, the property should rezone to S-CN Chase Node Special Area Zone prior to development of the site. The proposed annexation does not conflict with any of the Land Use Policies or Residential Policies in the WAP. The “Public Facilities and Services Element” policies of the WAP 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 Cornerstone Community Housing (A 21-8) August 2021 Page 2 Exhibit C throughout this report, the annexation is consistent with State law. Therefore, based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and the WAP 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 Public wastewater was constructed during the Garden Way improvements project in 2001.Neither the residence at 132 nor the residence at 158 S.Garden Way appear to be connected to the public system and are most likelyon septic service. There is an 8-inch wastewaterline within the S. Garden Way right-of-way and a 10-inchwastewater line to the south in an easement connecting Kinsrow Avenue to S. Garden Way. An on-hold assessment exists which is currently $12,434.87 through June 2022 and will be due upon future redevelopment of the site. Stormwater A public storm system exists within the S. Garden Way right-of-way. The soils for these lots appear to have fairly good infiltration, thereforea number of options are available for treatment prior to discharge to the public system or on-site retention. Future development proposals must demonstrate consistency with flood control standards. Any proposed stormwater plan will be reviewed for compliance with the Stormwater Management Manual and City of Eugene development code at the time of future development. Transportation Both parcels have frontage on S. Garden Way, a minor arterial owned and maintained by the City of Eugeneand fully developed with setback sidewalks, curb and gutter, streetlights, street trees, and a planted median separating the north and south travel lanes. Any future redevelopment will be required to meet the development standards of Eugene City code. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric EWEB Water staff state no objection to the annexation. EWEB Electric staff state no objection to the annexation. An existing EWEB easement across the property will not be affected by the proposed annexation. Cornerstone Community Housing (A 21-8) August 2021 Page 3 Exhibit C 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 by the cities of Eugene and Springfield to central Lane County 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 The subject property is within Eugene School District 4Jand is within the district boundary of Holt Elementary School, Monroe Middle School, and Sheldon 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 abovefindings, information submitted to date, and the criteria set forth in EC 9.7825, the proposed annexation is consistent with the applicable approval criteria. A mapand legal description showing the area subject to annexation are included in the application file for reference. The effective date is set in accordance with State law. Cornerstone Community Housing (A 21-8) August 2021 Page 4