Loading...
HomeMy WebLinkAboutItem 2E: Approval of Knox Annexation ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 5080 Annexing Land to the City of Eugene (Knox - A 12-5) Meeting Date: January 28, 2013 Agenda Item Number: 2E 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 2.94 acres of property located on the east side of Gilham Road, at the north terminus of Walton Lane. There are currently two dwellings on the subject property, which is zoned R-1/UL Low-Density Residential with Urbanizable Land Overlay. The /UL overlay will automatically be removed upon annexation. The applicant is in the process of purchasing the property and intends to file a subdivision following annexation. 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 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 D. 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\S1301282E.doc RELATED CITY POLICIES The Metro Plan contains the policies that are related to this annexation request. The Willakenzie Area 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 5080 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: Becky Taylor, Associate Planner Telephone: 541/682-5437 Staff E-Mail: becky.g.taylor@ci.eugene.or.us S:\CMO\2013 Council Agendas\M130128\S1301282E.doc Attachment A - Map of Annexation Request 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 095190380 January 09, 2013 RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (3775 AND 3793 GILHAM ROAD, EUGENE, OREGON; PROPERTY 17-03-08-00 TAX LOT 7700). The City Council of the City of Eugene finds that: A. An annexation application was submitted by Scott Knox on December 20, 2012, in accordance with the provisions of Section 9.7810(2) annexation to the City of Eugene of the property identifi 17-03-08-00, Tax Lot 7700. 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. ten 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 x 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 theNortheast Neighbors Neighborhood Association. 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 and Findings attached as Exhibit C which are adopted in support of this Resolution, it is ordered that the land 17-03-08-00, Tax Lot 7700 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 ExhibitA - Vicinity Map 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 090180360 January 09, 2013 Exhibit C Page 1 of 4 Planning Director’s Recommendations and Findings: Knox (A 12-5) Application Submitted: December 20, 2012 Applicant: Scott Knox Map/Lot(s): 17-03-08-00 Lot 7700 Zoning: R-1/UL Location: East side of Gilham Road, at the north terminus of Walton Lane 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), and is contiguous to the City limits, consistent with subsection (a). The City limits are YES NO contiguous with the subject property at the southeast property corner, at the terminus of Walton Lane. 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. Knox (A 12-5) December 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 Willakenzie Area Plan (WAP) 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 WAP, the subject property is within the “Unincorporated” subarea; none of these policies appear to be directly applicable to the subject request. 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 Public wastewater is available to serve the subject property from the existing 10-inch mainline located within Walton Lane, which terminates at the southeast property corner. The applicant proposes to extend public wastewater through the site as part of a subsequent subdivision of the property. Knox (A 12-5) December 2012 Page 2 Exhibit C Page 3 of 4 Stormwater Public stormwater is available to serve the property from the existing 12-inch mainline located within Walton Lane, which terminates at the southeast property corner. The applicant proposes to extend public stormwater through the site as part of a subsequent subdivision process. Stormwater management will be more precisely determined at the time of development. Streets Gilham Road abuts the west property boundary and Walton Lane terminates at the southeast property corner. The abutting segment of Gilham Road is classified as a medium-volume local residential street and is currently under Lane County’s jurisdiction. The roadway has 20 feet of pavement width; any upgrades to Gilham Road will be more precisely determined in the subsequent subdivision process. Extension of Walton Lane through the subject site will also be considered as part of the future subdivision proposal. 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 cast iron water main is located on the west side of Gilham Road, abutting the subject property. Public Safety The property is currently within the Willakenzie Rural Fire Protection District. 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 City’s “Creekside Park” site is located approximately 550 feet west of the subject property. 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 Knox (A 12-5) December 2012 Page 3 Exhibit C Page 4 of 4 communications services throughout the Eugene/Springfield area. Public Schools The subject property is within the Eugene 4J School district and is served by Gilham Elementary School, Cal Young Middle School and Sheldon 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. Knox (A 12-5) December 2012 Page 4