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HomeMy WebLinkAboutItem 2C: Approval of Dickinson Annexation ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 5052 Annexing Land to the City of Eugene (Dickinson Properties - A 11-1) Meeting Date: January 23, 2012 Agenda Item Number: 2C Department: Planning and Development Staff Contact: Steve Ochs www.eugene-or.gov Contact Telephone Number: 541/682-5453 ISSUE STATEMENT This item is a request to annex two contiguous parcels totaling 0.46 acres in size located at 925 River Road, east of River Road between Oakleigh Lane and McClure Lane, on Tax Lots 7800 and 7701 of Assessor’s Map 17-04-24-24. A map of the property proposed for annexation is included as Attachment A. This application does not include the annexation of any streets. BACKGROUND In December 2007, the City Council adopted an ordinance establishing the procedures for annexation requests and amending Chapter 9 of the Eugene Code (EC) to include these procedures. These annexation procedures provide for the council to adopt a resolution approving, modifying and approving, or denying an application for annexation, or provide for the council to hold a public hearing before consideration of the annexation request. Approval of annexation requests are based on the criteria at EC 9.7825 which require that (1) the land proposed to be annexed is within the City’s Urban Growth Boundary (UGB) and is contiguous to the city limits or separated from city limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the minimal level of key urban facilities and services can be provided in an orderly, efficient, and timely manner. Draft findings demonstrating that the annexation request is consistent with these approval criteria are included as Exhibit C to the draft resolution (Attachment B). Public notice for this annexation request was provided in accordance with Eugene Code requirements, and no written testimony has been received. Referral comments were provided by affected agencies, including City of Eugene Public Works and EWEB. These referral comments confirm that the property can be provided with the minimum level of key urban services consistent with the approval criteria. Given the findings of compliance and lack of testimony received, a public hearing is not recommended in this instance. Tax Lot 7800, abutting River Road, is developed with a commercial building while Tax Lot 7701 to the east is vacant. The subject parcels are zoned C-1 Neighborhood Commercial with the /UL urbanizable land overlay. Upon annexation, the /UL overlay will be removed. The owner has submitted a zone change request that, if approved, would re-zone the parcels to C-2 Community Commercial zoning. S:\CMO\2012 Council Agendas\M120123\S1201232C.doc Additional background information regarding this request, including relevant application materials, is included for reference as Attachment C. A full copy of all materials in the record is also available at the th Permit and Information Center, located at 99 West 10 Avenue. RELATED CITY POLICIES The Metro Plan contains the policies that are related to this annexation request. The River Road/ Santa Clara Urban Facilities plan is the refinement plan applicable to the subject properties. The Metro Plan and refinement plan policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C to Attachment B). COUNCIL OPTIONS The City Council may consider the following options: 1.Adopt the draft resolution 2.Adopt the draft resolution with specific modifications as determined by the City Council 3.Deny the draft resolution 4.Defer action until after the council holds a public hearing on the proposed annexation CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the draft resolution by finding that the request complies with all applicable approval criteria, and that the annexation is approved. SUGGESTED MOTION Move to adopt Resolution 5052, which approves the proposed annexation request consistent with the applicable approval criteria at EC 9.7825. ATTACHMENTS A.Map of Annexation Request B.Draft Annexation Resolution with Exhibits A through C Exhibit A: Map of Annexation Request Exhibit B: Legal Description Exhibit C: Planning Director Findings and Recommendation C.Application Materials for Annexation Request D.Referral Comments FOR MORE INFORMATION Staff Contact: Steve Ochs, Associate Planner Telephone: 541/682-5453 Staff E-Mail: steve.p.ochs@ci.eugene.or.us S:\CMO\2012 Council Agendas\M120123\S1201232C.doc ATTACHMENT B RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (925 River Road and Property Identified as Assessor’s Map 17-04-24-24, Tax Lots 7701 and 7800). The City Council of the City of Eugene finds that: A. An annexation application was submitted by W. Dickinson Properties LLC on September 28, 2011, 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 Map 17-04-24-24, Tax Lots 7800 and 7701. B. The territory proposed to be annexed is depicted on the maps 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 December 21, 2011, 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, owners and occupants of property within 500 feet of the subject property, and the River Road Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on January 23, 2012. 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 identified as Assessor’s Map 17-04-24-24, Tax Lots 7800 and 7701 on the maps attached as Exhibit A, and described in the attached Exhibit B, is annexed to the City of Eugene. Resolution - Page 1 of 2 Section 2 . This Resolution is effective immediately upon its passage by the City Council. The annexation and automatic rezoning of the land from C-1/UL to C-1 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. rd The foregoing Resolution adopted the 23 day of January, 2012. ______________________________________ Deputy City Recorder Resolution - Page 2 of 2 )\LMFMX% 4EKISJ )\LMFMX% 4EKISJ )\LMFMX& 4EKISJ )\LMFMX& 4EKISJ Exhibit C Page 1 of 4 Planning Director’s Recommendations and Findings: W. Dickinson Properties LLC (A 11-1) Application Submitted: September 28, 2011 Applicant: W. Dickinson Properties LLC Map/Lot(s):17-04-24-24 Lots 7800 and 7701 Zoning: C-1/UL Location: 925 River Road Representative: Richard Satre, Schirmer Satre Group (541)686-4540 Lead City Staff: 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 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 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 boundaries of the property. EC 9.7825(2) The proposed annexation is consistent with applicable policies in 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 YES 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 found that: a. A minimum level of key urban facilities and services can be provided to the area W. Dickinson Properties (A 11-1) January 2012 Page 1 Exhibit C Page 2 of 4 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 generally designates the annexation area as appropriate for Commercial use. The adopted refinement plan the River Road Santa Clara Urban Facilities Plan is the adopted refinement plan for the subject properties and also generally designates the area for commercial uses. If the annexation is approved, per EC 9.7820(3), the annexation area will remain zoned C-1, and the /UL overlay will be automatically removed from the annexation area. 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. Therefore, based on the findings above, the proposal is consistent with the applicable policies of the Metro 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: 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 YES NO manner as detailed below: Wastewater An 8-inch public wastewater line is within River Road, adjacent to this site. Sewer connection records (#48100) indicate a connection to the public system within River Road. The related wastewater assessments have been paid. Stormwater There are public stormwater lines within River Road, owned and maintained by the city W. Dickinson Properties (A 11-1) January 2012 Page 2 Exhibit C Page 3 of 4 in this location. As an informational item, future development of the property will require the applicant to submit a feasible stormwater proposal and demonstrate that all applicable stormwater management standards have been met, including establishing capacity of the receiving system, pre-treating impervious areas prior to discharge, and possibly oil and source controls, depending on proposed development. Streets Taxlot 7800 has frontage on River Road. This segment of River Road was previously annexed into the city limits. River Road is a major arterial with an existing right-of-way width of at least 100 feet, which is the minimum standard for this classification. As an informational item, this property may be within an intersection influence area where access connections are managed (such as number of, widths of, and locations of) at EC 7.408 through 7.445. Taxlot 7701 appears to be landlocked, though aerial photos indicate a possible shared driveway with properties to the north and west. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water Eugene Water and Electric Board (EWEB) staff notes that the subject properties are served by the River Road Water District (RRWD). There is an existing 4-inch cast iron water main on the north property line. In 1960, River Road Water District (RRWD) installed the water line serving these parcels and was granted easement from both the property owner to the North of applicant’s property for the water line extension and the owner of tax lot 7701 for the installation of the water line and meter. (October 7, 1960, Instrument No. 12156, Reel 160 D, Lane County Deeds & Records) This easement granted access for installation, maintenance, repairing, replacing and reading the meter. The water meter installed and on Tax Lot 7701 is covered under that easement as mentioned above. It does not appear there are water facilities crossing over Tax Lot 7800 that would require additional easement. EWEB will request assignment from RRWD including its easement rights for its water facilities along this water line. EWEB has no objections to the annexation. Electric EWEB currently serves the subject property and noted no objections to the annexation. 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 City of Eugene. 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 as prescribed in W. Dickinson Properties (A 11-1) January 2012 Page 3 Exhibit C Page 4 of 4 the Metro Plan. The property is currently located in River Road Park and Recreation District. Once withdrawn from the district, parks staff confirm that park service will continue to be provided by the City with the property becoming part of the River Road – Santa Clara parks planning district with nearby parks serving that area being West Bank and Rasor Parks. 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 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 Eugene 4J School district and is served by River Road Elementary School, Kelly Middle School and North Eugene High School. 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. ♦ Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. ♦ Future development of the property will require a feasible stormwater proposal and demonstration that all applicable stormwater management standards have been met, including establishing capacity of the receiving system, pre-treating impervious areas prior to discharge, and possibly oil and source controls, depending on proposed development. . W. Dickinson Properties (A 11-1) January 2012 Page 4