HomeMy WebLinkAboutResolution No. 5015COUNCIL RESOLUTION NO. 5015
A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (29535, 29550 29548, 29540 AND 29535 AIRPORT
ROAD ).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: October 11, 2010
EFFECTIVE DATE: November 3, 2010
(Pursuant to ORS 222.040)
RESOLUTION NO. 5015
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (29536,
29550 29548 29540 AND 29538 AIRPORT ROAD).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by Airport Industrial Properties LLC on
August 26, 2010, in accordance with the provisions of Section 9.7$10(2) of the Eugene Code,
1971, ( "EC ") for annexation to the City of Eugene of the property identified as Assessor's Map
17- 04- 09 -20, Tax Lots 1500, 1700, 1800, 2000 and 2100.
B. The territory proposed to be annexed is 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. On September 10, 2010, a notice containing the street address, a description of the
land proposed to be annexed and the Planning Director's preliminary recommendation was
mailed to the applicants, owners and occupants of property within 500 feet of the subject
property, and the Industrial Corridor Community Organization. The notice advised that the City
Council would consider the Planning Director's full recommendation on the proposed
annexation on October 11, 2010.
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 C which are adopted in support of this Resolution, it is ordered
that the land depicted on the map attached as Exhibit A, and described in the attached Exhibit B
is annexed to the City of Eugene.
Section 2 . This Resolution is effective immediately upon its passage by the City
Council. The annexation and automatic rezoning of the land from I- 21ULICAS to 1-2/CAS
Resolution - Page 1 of 2
pursuant to EC 9.7820(3) shall be effective upon the date a copy of this Resolution is filed with
the Secretary of the State of Oregon.
The foregoing Resolution adopted the /u2- day of October, 2010.
Deputy City Rec6rder
Resolution - Page 2 of 2
Exhibit A
Airport Industrial Properties (A 10-2)
Area Proposed for Annexation
city limits
N
Exhibit B
Legal Description of Afkcted Territory to be Annexed
Lot 1, Lot 3, Lot 4, Lot 6, and Lot 7, K & L INDUSTRIAL PARIS, as platted and
recorded as Instrument No. 2002-043085, Lane County Oregon Plat Records, in Lane
County, Oregon.
REGISTERED
faROfESSIONAL
LAND SURVEYOR
EGON
Y 11, 2000
f R. DA �iRENS 0052
=RENEWAL OATS: / �3/o /
Exhibit C
Planning Director's Recommendation and Findings:
Airport Industrial Properties (City File A 10 -2)
sw_p�
EUGENE
Application Submitted: August 11, 2010
Applicant: Airpo Industrial Properties, LLC
Maj/Lot 17-04-09-20 Tax Lots 1500, 1700, 1800, 2000 and 2100
Zoning: I -21UL /CAS Light - Medium Industrial with the Urbanizable Land and Commercial Airport Safety
Overla
Location: 29536, 29538, 29540, 29548 and 29550 Airport Road
Representative: Michael Dahrens, SSW Engineers Inc.
Lead City Staff: T
Steve Ochs, Associate Planner, 541 682 -5453
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 bound and is
(a) Contiguous to tbe'.cft 'limits; or _
{ ep`arated= 'from tbet.city- - only .liy. a public riglit: of may or a strew i, ba lake or`�othe
:. ;.. :b`dy:of ►water..:
Complies
Findings: The annexation area is within the City's urban growth boundary (UGB), and is
contiguous to the City limits, consistent with subsection (a). The City limits are
YES
NO
contiguous with the subject area of land along the northern and western boundary of the
property.
EC , 9.7825(2) The proposed annexation - is .consistent with applicable. policies 'ian the: Metro Plan and in
any applicable refinement plans.
Complies
Findings: The proposed annexation area is within the urban growth boundary. Several
policies from the Metro Plan generally support this annexation by encouraging compact
N YES
H NO
urban growth to achieve efficient use of land and urban service provisions within the
UGB, including the following:
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 fo 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
facil ities. Conversion of urbanizabl e land to urban shall also be consistent with
the Metro Plan. (page H- C -4
Airport Industrial Properties (A 10 - October 20 Page 1
Policy 10. Annexation to a city through normal Processes shall continue to be the
highest priority. (page 11-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 H -C' S)
The Metro Plan designates the annexation area as appropriate for Light Medium Industrial
use. There is no adopted refinement plan for the subject properties. If the annexation is
approved, per EC 9.7820(3), the annexation area will remain zoned 1-2/CAS, and the /UL
overlay will be automatically removed from the annexation area.
As previously discussed in this subsection, and ftu ther 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.
Therefore, based on the findings above, the proposal is consistent with the applicable
policies of the Metro Plan.
EC 9.7525(3) The. proposed annexation will result in a boundary. in which. the minimum level of key
urban facilities and serviees, as defined in. the Metro Plan, can be .provided in an
orderly, efficient, and timely manner.
Co mpli es Findings: The proposed annexation will result in a boundary in which the minimum level
YES [] NO of key urban facilities and services can be provided in an orderly, efficient, and timely
manner as detailed below:
Wastewater
These properties are served by an on -site 8 -inch public wastewater system within public
utility easements. Wastewater equivalent assessments have been paid.
Stormwater
Private stormwater systems for existing and pending developments have been approved
under commercial building permits. Stormwater runoff from the existing site (17 04 09
20: TL 1500 17005 1800, 2000, and 2100) is overland flowing to one of the ditches
around the site; either along the south side of Airport Road (flowing west), the ditch along
the west side of Hwy. 99 (flowing northwesterly) or a ditch south of the property (flowing
southeasterly), all of which eventually connect to the Junction City Water District A -1 or
A -2 channel. Existing flows from this site are currently conveyed (indirectly) by JCWD
system. Referral comments from JCWD note that any future development would need to
ensure that post - development flows do not exceed pre - development rates. This can be
accomplished through on -site detention or infiltration.
Airport Industrial Properties (A 10 -2) October 2010 Page 2
Streets
These properties front Airport Road and Highway 99 North.
Airport Rd (COE jurisdiction):
• Minor arterial
• Irrevocable petition recorded for future improvements
• Roadside ditches may have capacity constraints
Hwy 99N (ODOT jurisdiction)-:
• Major arterial
• Access onto 99N will require approval from ODOT-
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
Water - Eugene Water and Electric Board (EWEB) staff notes that there is an existing 12-
inch asbestos cement water main on the south side of Airport Road and on the west side
of Highway 99 along the north 200 feet of Lot 3 (Tax Lot 1700) and an existing 16 -inch
asbestos cement water main on the east side of Highway 99 along the southern frontage of
Lot 3 (Tax Lot 1700) and all of Lot 4 (Tax Lot 1800). EWEB Water staff indicates that
adequate water service can be made available and therefore has no objection to the
annexation.
Electric - Blachly Lane Electric Cooperative currently provides electric services to the
subject site. EWEB Electric verified that electric services are available 760 feet west of
Highway 99 on Airport Road. (340 feet west of the subject property). Neither agency
expressed objection to the proposed annexation request.
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 the Lane Rural Fire and Rescue. Upon annexation, this
property will be automatically withdrawn from Lane Rural Fire and Rescue and fire
protection provided by the City of Eugene Fire and EMS 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 mixumurn level of park service can be provided to the proposal area as prescribed in the
Metro Plan. The property is located in the Bethel - Danebo Parks Planning Area.
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.
Airport Industrial Properties to 10 -2) October 2010 Page 3
Communications
Qwest communications and a variety of other telecommunications providers offer
communications services throughout the Eugene /Springfield area.
Public Schools
The .subject property is within the Bethel School District.
CONCLUSION:
Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the
proposed annexation is found to be consistent with the applicable approval criteria. Based upon findings
above, the Planning Director recommends that City Council approve this .annexation proposal. A map and
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.
INFORMATION:
As an informational item, City Council recently adopted access management regulations (EC 7.408
through 7.435) which may be applicable to proposed development, such as access connections onto
arterial and major collectors, which are required to be located outside of intersection influence areas,
with some exceptions.
+ For information regarding EWEB requirements at the time of development, please contact Jay
Bozievich, EWEB Water, at 684 -4759 and Rich Deluna, EWEB Electric, at 341 -8522.
♦ Approval of this annexation does not relieve the applicant from complying with applicable codes and
statutory requirements.
Airport Industrial Properties (A 14 -2) October 2010 Page 4