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HomeMy WebLinkAboutItem 5: Resolution on Annexation of Getty Property ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of Resolution 5068 Annexing Land to the City of Eugene (Getty - A 12-2) Meeting Date: July 23, 2012 Agenda Item Number: 5 Department: Planning and Development Staff Contact: Becky Taylor www.eugene-or.gov Contact Telephone Number: 541-682-5437 ISSUE STATEMENT This item is a request to annex vacant property that is approximately 0.37 acres in size. The subject property is Lot 8 in Block 1 of the First Addition to the Audel Estates Subdivision, which was platted in 1973, under Lane County’s jurisdiction. Adjacent lands to the north and south were also platted in that subdivision; those surrounding lots are currently developed with single-family residences. The applicant also owns and resides on a lot abutting the north boundary of the subject property. A map of the property proposed for annexation is included as Attachment A. This application does not include the annexation of any streets or adjacent lands. 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. The applicant has been unable to annex the subject property under contiguity requirements of EC 9.7825(1) because adjacent lands and streets are not within City limits. Annexed properties in the immediate vicinity include: two parcels located approximately 100 feet to the east; three parcels located approximately 200 feet to the northwest; and over five acres of property located approximately 150 feet to the south. Vacant properties are required to annex to develop, which means the applicant is unable to develop their property without annexation. The applicant subsequently worked with members of the Lane County delegation to establish legislation that would enable annexation of the subject property. On March 12, 2012, the Governor approved an amendment to ORS 222.115, creating specific parameters for annexing non-contiguous properties. The S:\CMO\2012 Council Agendas\M120723\S1207235.doc parameters are narrowly defined to apply to the applicant’s property; it is unlikely that many other properties could benefit from this legislative change. Draft findings demonstrating that the annexation request is consistent with the applicable approval criteria are included as Exhibit C to the draft resolution (Attachment B). State law (ORS 222.111) authorizes a city council reduce the financial impacts of annexation by establishing for up to 10 years a percentage to be applied to the City’s property tax rates. The proposed resolution contains such a provision. Section 3 of the resolution would provide that the Gettys would pay 69 percent of the City’s property tax rates; that amount would make the Gettys’ taxes equivalent to what Getty is now paying. 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 Eugene Water & Electric Board. 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. 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 policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C to Attachment B). COUNCIL OPTIONS 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 5068, which approves the proposed annexation request consistent with the applicable approval criteria. S:\CMO\2012 Council Agendas\M120723\S1207235.doc 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 Attachment 1 to Exhibit C Excerpt of Amended ORS 222.115 Attachment 2 to Exhibit C Applicant’s Warranty Deed of Subject Property C.Application Materials for Annexation Request FOR MORE INFORMATION Staff Contact: Becky Taylor, Associate Planner Telephone: 541-682-5437 Email: becky.g.taylor@ci.eugene.or.us S:\CMO\2012 Council Agendas\M120723\S1207235.doc Getty, Robert & Jacqueline (A 12-2) Getty, Robert & Jacqueline (A 12-2) Area Proposed for Annexation Within Eugene City Limits ATTACHMENT B RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (AUDEL AVENUE AND PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-23-20 TAX LOT 122). The City Council of the City of Eugene finds that: A. An annexation application was submitted by Robert Getty and Jacqueline Getty on May 31, 2012, 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 17-04-23-20, Tax Lot 122. 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 June 22, 2012 a notice containing the street 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 July 23, 2012. E. ORS 222.111(3) authorizes the City Council to agree to apply a specified percentage reduction to the City’s property tax rates for up to ten years in order to lessen the impact of annexation. The Council agrees that the City property tax rates (including the permanent tax rate, any local option levy and any bond levy) should be reduced such that the Gettys are paying 69% of the City property tax rates for the property described in paragraphs A and B. That reduction should continue for ten years unless the property is transferred to someone else. F. After considering the Planning Director’s recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, Resolution - Page 1 of 2 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 17-04-23-20, Tax Lot 122 on the maps 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 R-1/UL to R-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. Section 3 . Pursuant to ORS 222.111(3), the rate of taxation for the property shall be at 69% of the City property tax rates (including the permanent tax rate, any local option levy and any bond levy) that otherwise would apply to the property. This reduction shall continue for ten years unless the Gettys transfer the property to someone else. If the Gettys partition the property and transfer one of the lots, then the reduction shall continue on the lot still owned by the Gettys, but not on the other lot. The foregoing Resolution adopted the ____ day of July, 2012. ______________________________________ City Recorder Resolution - Page 2 of 2 Getty, Robert & Jacqueline (A 12-2) Getty, Robert & Jacqueline (A 12-2) Area Proposed for Annexation Within Eugene City Limits Exhibit B Exhibit C Page 1 of 4 Planning Director’s Recommendations and Findings: Getty (A 12-2) Application Submitted: May 31, 2012 Applicant: Robert and Jacqueline Getty Map/Lot(s): 17-04-23-20 Lot 122 Zoning: R-1/UL Location: North side of Audel Avenue cul-de-sac, west of Lake Drive Representative: None Lead City Staff: Becky Taylor, Associate Planner, (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. 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). With regard to the subject property's contiguity to City limits, the subject property is not YES NO contiguous to City limits; however, a recent amendment to ORS 222.115 (see Attachment 1 to this Exhibit, excerpt of Chapter 46, approved by the Governor on March 16, 2012) supersedes the above Eugene Code criteria. The subject application meets the requirements of this ORS amendment, as discussed below. Section 1 of ORS 222.155(2) states that "…the governing body of the city may extend the boundaries of the city by the annexation of noncontiguous territory if: (a) The owner of the noncontiguous territory to be annexed has signed a contract containing the landowner's consent to eventual annexation in exchange for provision of an extraterritorial service...; (b) The city to which the territory will be annexed was under the jurisdiction of a boundary commission formed under ORS 199.410 to 199.534 as of January 1, 2007; (c) Any portion of the territory to be annexed is within 200 feet of the existing boundary of the city to which the territory will be annexed; and (d) The owner of the territory to be annexed first acquired an interest in the property prior to January 1, 1973." Subsection (a) does not apply in this case because the request does not require any extraterritorial extension of urban services (which are already provided in the adjacent Getty (A 12-2) July 2012 Page 1 Exhibit C Page 2 of 4 street). Consistent with subsection (b), the City of Eugene was under the jurisdiction of a boundary commission as of January 1, 2007. As required by subsection (c), the subject property is within 200 feet of City limits (see map attached to Resolution as Exhibit A, which identifies the subject property relative to city limits). The applicant has demonstrated compliance with subsection (d) by submitting a Warranty Deed dated December 3, 1971 (see Attachment 2 to this Exhibit). 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 UGB. Several policies from the Metro Plan generally support this annexation by encouraging compact urban growth to YES NO 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 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 designates the annexation area as appropriate for residential use. The River Road Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted refinement plan for the subject properties and also designates the area for residential uses. If the annexation is approved, per EC 9.7820(3), the annexation area will remain zoned R-1, and the /UL overlay will be automatically removed from the annexation area. With regard to applicable policies of the RR/SC UFP, the subject property is not within an identified subarea; of the general “Residential Land Use Policies” at Section 2.2, none appear to be directly applicable to the subject request. The “Public Facilities and Services Element” policies of the RR/SC UFP are directed at local government; however, the premise of these policies for the provision of urban services is the assumption that the properties within the UGB will be annexed. Getty (A 12-2) July 2012 Page 2 Exhibit C Page 3 of 4 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. 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 Referral comments from Public Works staff confirm that there is an existing eight-inch public wastewater line located within Audel Avenue cul-de-sac, adjacent to this site. Stormwater Referral comments from Lane County confirm that stormwater runoff from the subject property cannot be directed to the adjacent street. On-site infiltration may be an option, provided the infiltration facility is sized to store and infiltrate the Flood Control Design Storm and on-site tests demonstrate the viability of infiltration. Stormwater management will be more precisely determined at the time of development. Streets The adjacent street is a cul-de-sac off Audel Avenue, which is under Lane County jurisdiction. Referral comments from Lane County indicate no issues with the subject property accessing the abutting street, which is paved. 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 along the north side of Crocker Lane. Future development of the site will need to comply with Fire Marshal requirements concerning fire protection for building permits. Getty (A 12-2) July 2012 Page 3 Exhibit C Page 4 of 4 Electric EWEB staff confirms that the subject property can be served with underground electric utilities from an existing secondary box located at the southwest property corner. 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 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. 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 Howard Elementary School, Kelly Middle School and North Eugene High School. CONCLUSION: Based on the above findings, the proposed annexation is found to be consistent with the applicable approval criteria. The Planning Director recommends that City Council approve this annexation proposal. The effective date is set in accordance with State law. INFORMATION: ♦ 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. Getty (A 12-2) July 2012 Page 4