HomeMy WebLinkAboutResolution No. 5079COUNCIL RESOLUTION NO. 5079
A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (PROPERTY IDENTIFIED AS A PORTION OF
WEST HILLIARD LANE AND ASSESSOR'S
MAP 17- 04 -23 -14 TAX LOT 200).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: January 28, 2013
RESOLUTION NO. 5079
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(PROPERTY IDENTIFIED AS A PORTION OF WEST HILLIARD LANE
AND ASSESSOR'S MAP 17- 04 -23 -14 TAX 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) of the Eugene Code, 1971, ( "EC ")
for annexation to the City of Eugene of the property identified as a portion of West Hilliard Lane
and Assessor's Map 17- 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. 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 20, 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 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 a portion of West Hilliard Lane and Assessor's Map 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.
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 R -l/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.
The foregoing Resolution adopted the 28'" day of January, 2013.
I A . A LA A jdj
City R order
Resolution - Page 2 of 2
Exhibit A - Vicinity Map (A 12-4) Ratermar
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Exhibit B - Legal Description Tax Lot 200 and Portion of West Hilliard Lane
Legal Description
Tax Lot 17-04-23-14 #2M
REGISTERED
PROFESS 10 NAL
LAND SURVEYOR
JULY 14, 1978
MARUIN S. KRUSH
1643
Exhibit C
Page 1 of 4
Planning Director's Recommendations and Findings:
Raterman (A 12 -4)
EUGENE
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:
I 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
Raterman (A 12 -4) December 2012 Page 2
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 11 -C -4)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page 11 -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 11 -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