HomeMy WebLinkAboutItem 2D: Approval of Raterman Annexation
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UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Approval of Resolution 5079Annexing Land to the City of Eugene
(Raterman - A 12-4)
Meeting Date: January 28, 2013 Agenda Item Number: 2D
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 a 0.47-acre property and the abutting segment of right-of-way,
West Hilliard Lane, which is approximately 50 feet in width and 600 feet in length. The easterly
portion of West Hilliard Lane is currently within the city limits. This annexation would extend the
City-owned portion of this street further to the west adjacent to the applicant’s property. The
inclusion of right-of-way is a logical extension of City limits and does not create an island of
unannexed territory, consistent with City Council’s Resolution No. 4903 concerning right-of-way
annexations (see Attachment D). Inclusion of this right-of-way is also necessary for this property
to be contiguous to the city limits and therefore, eligible for annexation.
The private property to be annexed (the 0.47-acre, Tax Lot 200) is being requested by the property
owner, Sage Raterman, to further develop the property. The property has an existing single-family
dwelling and is zoned and designed as low-density residential. The owner is in the process of
correcting an outstanding violation concerning a second dwelling on the subject property that was
built in advance of the required permits. The owner intends to file a land partition and building
permits following annexation to bring the property into compliance with City regulations.
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).
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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 Permit and Information Center located at 99 West 10 Avenue.
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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 5079 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
D. Resolution No. 4903
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FOR MORE INFORMATION
Staff Contact: Becky Taylor, Associate Planner
Telephone: 541/682-5437
Staff E-Mail: becky.g.taylor@ci.eugene.or.us
S:\CMO\2013 Council Agendas\M130128\S1301282D.doc
Attachment A - Map of Annexation Request
City
City Limits
Limits
City Limits
City Limits
Area of Request
City Limits
´
Caution:
This map is based on imprecise
source data, subject to change,
and for general reference only.
Ft
0110220440 January 09, 2013
RESOLUTION NO. _____
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS A PORTION OF WEST HILLIARD LANE
AND17-04-23-14TAX LOT 200).
The City Council of the City of Eugene finds that:
A.
An annexation application was submitted by Sage Raterman on December 7,
2012, in accordance with the provisions of Section 9.7810(2)
for annexation to the City of Eugene of the property identified as a portion of West Hilliard Lane
and ap17-04-23-14, Tax Lot 200.
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.
Director has submitted a written recommendation that the
application be approved based on the criteria of EC 9.7825.
Recommendation is attached as Exhibit C.
D.
On December 20, 2012 a notice containing the street ap and tax
lot number, a description of the land proposed to be annexed, and
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
full recommendation
on the proposed annexation on January 28, 2013.
E.
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
tion
and Findings attached as Exhibit C which are adopted in support of this Resolution, it is ordered
that the land identified as a portion of West Hilliard Lane and 17-04-23-14, Tax
Lot 200 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 R-1/UL to R-1 pursuant to EC
Resolution - Page 1of 2
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 ____ day of January, 2013.
______________________________________
City Recorder
Resolution - Page 2of 2
Exhibit A - Vicinity Map (A 12-4) Raterman
City
City Limits
Limits
City Limits
City Limits
Area of Request
MARION LN
y Limits
´
Caution:
This map is based on imprecise
source data, subject to change,
and for general reference only.
Ft
090180360 January 09, 2013
Exhibit C
Page 1 of 4
Planning Director’s Recommendations and Findings:
Raterman (A 12-4)
Application Submitted: December 7, 2012
Applicant: Sage Raterman
Map/Lot(s): 17-04-23-14 Lot 200
Zoning: R-1/UL
Location: South side of West Hilliard Lane, between Apple Drive and Jayne Street, west of River Road
Representative: Shaun Nugent
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), and is
contiguous to the City limits, consistent with subsection (a). The area to be annexed
YES NO
includes Tax Lot 200 and the abutting segment of West Hilliard Lane. The portion of
West Hillard Lane west of River Road, for a distance of approximately 1,200 feet, is
currently within City limits. The annexation will extend the City's jurisdicition of West
Hilliard Lane an approximate 600 feet, to the subject tax lot. The inclusion of right-of-
way is a logical extension of the City limits and does not create an island of unannexed
territory.
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:
Raterman (A 12-4) December 2012 Page 1
Exhibit C
Page 2 of 4
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 a
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.
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:
Raterman (A 12-4) December 2012 Page 2
Exhibit C
Page 3 of 4
Wastewater
Public wastewater is available to serve the subject property from the existing 8-inch
mainline located within West Hilliard Lane, abutting the subject property.
Stormwater
The applicant proposes on-site management of stormwater runoff via the construction
of private infiltration facilities. Stormwater management will be more precisely
determined at the time of development.
Streets
West Hilliard Lane abuts the north property boundary of Tax Lot 200. The annexation
includes the abutting segment of West Hillard Lane, for a distance of approximately 600
feet to the east, to align with the existing portion of West Hilliard Lane that is in City
limits (i.e. the segment that is west of River Road, for a distance of approximately 1,200
feet). West Hilliard Lane currently has a 30-foot wide paved driving surface.
Solid Waste
Collection service is provided by private firms. Regional disposal sites and the Short
Mountain Landfill are operated by Lane County.
Water & Electric
Eugene Water and Electric Board (EWEB) services are available to serve the subject
property. An eight-inch water main is located in the abutting West Hilliard Lane. The
subject property is currently within the River Road Water District.
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 subject property is currently within the River Road Park and
Recreation District. The City’s “Rosetta Place” neighborhood park serves the surrounding
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.
Raterman (A 12-4) December 2012 Page 3
Exhibit C
Page 4 of 4
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, 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.
Raterman (A 12-4) December 2012 Page 4