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HomeMy WebLinkAboutItem 2C: Approval of Wiechert Custom Homes Annexation ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 5078 Annexing Land to the City of Eugene (Wiechert - A 12-3) Meeting Date: January 28, 2013 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 3.65 acres of vacant land that is currently zoned AG Agriculture and designated for low-density residential uses. The annexation is being requested by the property owner, Bruce Wiechert Custom Homes, Inc. Following annexation, the applicant intends to change the zone to R-1 Low-Density Residential and subdivide the property. 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. 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 Permit and Information Center located at 99 West 10 Avenue. th S:\CMO\2013 Council Agendas\M130128\S1301282C.doc 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 5078 which approves the proposed annexation request consistent with the applicable approval criteria. 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 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\2013 Council Agendas\M130128\S1301282C.doc Attachment A - Area of Annexation Request Area of City Limits Request City Limits ´ Caution: This map is based on imprecise source data, subject to change, and for general reference only. Ft 0120240480 January 15, 2013 ATTACHMENT B RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (1270 IRVINGTON DRIVE, EUGENE, OREGON, AND PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-03-34, TAX LOTS 500 AND 10100). The City Council of the City of Eugene finds that: A. An annexation application was submitted by Bruce Wiechert Custom Homes, Inc. on October 23, 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 17-04-03-34, Tax Lots 500 and 10100. 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 December 18, 2012, 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 Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on January 28, 2013. 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 17-04-03-34, Tax Lots 500 and 10100 on the map 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 AG/UL/CAS to AG/CAS 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. th The foregoing Resolution adopted the 28 day of January, 2013. ______________________________________ City Recorder Resolution - Page 2 of 2 Exhibit A Bruce Wiechert Custom Homes (A 12-3) Bruce Wiechert Custom Homes (A 12-3) Annexation Area Eugene City Limits Exhibit B Exhibit C Page 1 of 4 Planning Director’s Recommendations and Findings: Bruce Wiechert Custom Homes (A 12-3) Application Submitted: October 23, 2012 Applicant: Bruce Wiechert Custom Homes, Inc. Map/Lot(s): 17-04-03-34 Lots 500 and 10100 Zoning: AG/UL/CAS Location: 1270 Irvington Drive south side of Irvington Drive, west of Korbel Street Representative: Kent Baker, Roberts Surveying 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, eastern and southern 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 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. Satterwhite Family Trust (A 12-1) July 2012 Page 1 Exhibit C Page 2 of 4 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 adopted refinement plan 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 AG/CAS, and the /UL overlay will be automatically removed from the annexation area. The applicant has submitted a zone change (City File Z 12-5) to rezone the property to R-1 once the annexation has been approved. With regard to applicable policies of the RR/SC UFP, the subject property is just outside of the k. Northwest Expressway subarea and 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. 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 An 8-inch public wastewater line is available within the public streets adjacent to this site, with an 8-inch stub to the subject property from Irvington Drive, per as-construct Satterwhite Family Trust (A 12-1) July 2012 Page 2 Exhibit C Page 3 of 4 records. There is no sewer connection record for 1270 Irvington Dr. (TL 00500), though there is one for 1278 Irvington Dr. (TL 10100 / connection record no. 037627). There are no liens or assessments of record due. Stormwater There is an 18-inch public stormwater line within the Zinfandel Lane, just south of the property that may be able to be extended to the site via Butterfly Creek Lane. As- construct records show that a stub to the property was not constructed, though on-site infiltration may also 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. 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 to that system, and possibly oil and source controls, depending on proposed development. Streets Both properties have frontage on Irvington Drive which is under Lane County Jurisdiction and functions as a minor arterial street. Street standards must be addressed with future development which may require right of way dedication, special setbacks and street improvements. 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 there is an existing 12-inch concrete cylinder water main along the south side of Irvington Drive and a 6-inch ductile water main on the east side of Butterfly Creek Lane and adequate service can be made at the time of development. Electric EWEB currently serves the subject properties and has 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 the Metro Plan. The property is currently located the River Road – Santa Clara parks planning district with Arrowhead Park about 500 feet to the east being the nearest park Satterwhite Family Trust (A 12-1) July 2012 Page 3 Exhibit C Page 4 of 4 serving that 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. 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 and is served by Irving Elementary School, Shasta Middle School and Willamette 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: ♦ 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. . Satterwhite Family Trust (A 12-1) July 2012 Page 4