HomeMy WebLinkAboutItem 3E: Resolution 5084 Annexing Land to the City of Eugene (Adee-Connolly - A 13-1)
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GENDA TEM UMMARY
Adoption of Resolution 5084 Annexing Land to the City of Eugene
(Adee-Connolly - A 13-1)
Meeting Date: April 8, 2013 Agenda Item Number: 3E
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 2.29 acres of land located at the southeast terminus of Oakleigh Lane,
between River Road and the Willamette River. The annexation is being requested by the property
owners, David Adee and Joan Connolly, with the intent to develop the property under the planned unit
development provisions for a co-housing project. The property is contiguous to the city limits, currently
vacant and is zoned and designed as low-density residential. This request does not involve any street
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 in 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 (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.
S:\CMO\2013 Council Agendas\M130408\S1304083E.doc
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
The 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
5084
Move to adopt Resolution , 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
becky.l.wheeler@ci.eugene.or.us
Email:
S:\CMO\2013 Council Agendas\M130408\S1304083E.doc
Attachment A - Map of Annexation Request (A 13-1)
Area of Request
City Limits
City Limits
´
Caution:
This map is based on imprecise
source data, subject to change,
and for general reference only.
Ft
065130260 March 08, 2013
ATTACHMENT B
RESOLUTION NO. _____
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE;
PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-24-13 TAX LOT
400 AND ASSESSOR’S MAP 17-04-24-24 TAX LOT 5500
The City Council of the City of Eugene finds that:
A.
An annexation application was submitted by Willard Dixon, Willard Dixon
Architect, LLC, on behalf of David Adee and Joan Connolly, on February 22, 2013, 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 17-04-24-13, Tax
Lot 400 and Assessor’s Map 17-04-24-24 Tax Lot 5500.
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 March 8, 2013 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 April 8, 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 17-04-24-13, Tax Lot 400 and
Assessor’s Map 17-04-24-24 Tax Lot 5500, depicted 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-1/UL Low-Density
Residential with Urbanizable Land Overlay to R-1 Low-Density Residential. This action is
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 ____ day of April, 2013.
______________________________________
City Recorder
Resolution - Page 2 of 2
Exhibit A - Vicinity Map
Area of
Request
City Limits
City Limits
PARK AVE
´
Caution:
This map is based on imprecise
source data, subject to change,
and for general reference only.
Ft
095190380 March 12, 2013
Exhibit B
Exhibit C
Page 1 of 4
Planning Director’s Recommendations and Findings:
Adee-Connolly (A 13-1)
Application Submitted: February 22, 2013
Applicant: David Adee and Joan Connolly
Map/Lot(s): 17-04-24-13-00400 and 17-04-24-24-05500
Zoning: R-1/UL
Location: Southeast terminus of Oakleigh Lane, between River Road and the Willamette River
Representative: Willard Dixon, Willard Dixon Architect, LLC Surveyor: Jonathan Oaks, Poage Engineering
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. The east boundary of the subject property abuts City park
YES NO
lands, which are within city limits. The portion of Oakleigh Lane, abutting the subject
property's northern boundary, has been annexed.
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.
Adee-Connolly (A 13-1) April 2013 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
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.
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 eight-inch public wastewater main is located within the abutting segment of Oakleigh
Lane.
Adee-Connolly (A 13-1) April 2013 Page 2
Exhibit C
Page 3 of 4
Stormwater
The applicant proposes on-site management of stormwater runoff from future
development of the site. The available soil data indicates that the site is suitable for
infiltration facilities. Stormwater management will be more precisely determined at the
time of development.
Streets
Oakleigh Lane terminates at the north boundary of the subject property. The segment of
Oakleigh Lane abutting the subject property has been annexed, whereas the westerly
portion has not and remains under Lane County’s jurisdiction. Oakleigh Lane is not
improved to urban standards, but has a 20-foot wide surface that currently provides
access to about 24 properties. Street improvement needs will be more precisely
determined as part of the development review process.
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 states that they do not object to the
proposed annexation, but that the existing water infrastructure is inadequate to serve
any more development or provide the necessary fire flows along Oakleigh Lane.
Therefore, prior to development, the applicant will need to upgrade the water facilities
in Oakleigh Lane and provide a looped connection to McClure Lane to the south.
Electric
EWEB Electric staff has no issues with the proposed annexation and note that the street
light ownership will change to the City of Eugene once the annexation is final.
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
Adee-Connolly (A 13-1) April 2013 Page 3
Exhibit C
Page 4 of 4
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 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.
Adee-Connolly (A 13-1) April 2013 Page 4
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Map and Tax Lot: 177-A * qQO Address: 6 2 vio� \j ef 6aA
11-04 -2�+?,H *�YVJCYP Q eJ
Legal Description:
In the corporate limits of said city, which is owned by the undersigned
DATED this 21.) day of I 2d
I/
)ss
County of t u
who is known to me to be the individual crescri6ed herein and who execut6fl the same
freely and voluntarily.
Legal Description for Annexation to the City of Eugene
of the Adjusted Boundaries of
Assessor's Map No. 17- 04- 24 -13, TL No. 400 &
Assessor's Map No. 17- 04 -24 -24 TL No. 5500
comprising the boundary of Oakleigh Meadows LLC
Beginning at a point on the south boundary of the plat of Oakleigh as platted and recorded in
Book 9, Page 32 Lane County Oregon Plat Records, said point being South 88 °11'00" East
893.64 feet from the Initial Point of said plat of Oakleigh; thence continuing along the south
boundary of the plat of Oakleigh South 88 °11'00" East 132.25 feet to the southwest corner of Lot A of said
plat of Oakleigh; thence continuing South 889 1'00" East 139.88 feet to a point referenced by a
5/8" rebar and marking the northwest corner of that certain tract of land described in a Warranty
Deed recorded June 4, 1985 Recep. No. 8519512 Lane County Oregon Deed Records; thence
leaving the south boundary of the plat of Oakleigh and running along the west boundary of said
last described tract South 7 °09'32" East 323.30 feet; thence leaving said west boundary and
running North 88 °08'26" West 123.48 feet; thence South 1 °51'34" West 21.90 feet to the
northeast corner of that certain tract of land described in a Warranty Deed recorded June 9, 1976
Recep. No. 7628236 Lane County Oregon Deed Records; thence along the north boundary of
said last described tract and its westerly extension North 88 °08'26" West 202.11 feet to a point
on the west boundary of that certain tract of land described in a Warranty Deed recorded June
12, 1961 Recep. No. 34813 Lane County Oregon Deed Records; thence along the west boundary
of said last described tract North 1 °52'51" East 268.76 feet to a point on the south boundary of
that certain tract of land described in a Warranty Deed recorded March 16, 1970 Recep. No.
99610 Lane County Oregon Deed Records, said point being referenced by a 5/8" rebar with a
yellow plastic cap stamped "Branch Eng Inc. "; thence along the south boundary of said last
described tract North 88'11'00" East 2.74 feet to the southeast corner thereof; thence North
1'49'00" East 72.25 feet to the point of beginning, all in Lane County Oregon.
Certification of Description
Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the
metes and bounds description of the real property proposed for annexation closes; and the
map outlining the boundary is a true representation of the description.
Signature: _� �� z
Registered Land Surveyor Date
Print Name: A . Chi ez--,
Seal: :
PIr�OFKS2 :n!, �L
ORECION
JULY 13,1M
M ",Ti-IAPI A. OAKES
Annexation Application Written Stateme
17-04-24-13 Lot #400 & 17-04-24-24 Lot #5500
2.297 total acres (after Lot Line Adjustments)
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 9.7 820(3), the annexation area will remain zoned R - 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.
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, an�i
timely manner:
kRVVrz7W
I Mani it a.
located within Oakleigh 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
Oakleigh Lane abuts the north property boundary of Tax Lot 400. Oakleigh Lane currently has a
20-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.
VOTMWAIMIUM
Eugene Water and Electric Board (EWER) services are available to serve the subject property. A
four-inch water main is located in the abutting Oakleigh Lane. The subject property is currently
within the River Road Water District.
Parks and Recreation
A minimum level f rk service can be rovided to the raosal area a escribed in the Metr*
61 1 Ii V % 1� I I VJ I I I VAN I I I I I I a I I Us I'm 1"HIN NOW11 IVIR Nworl I
Planning and Development Services
[' • building permit services are provided for all properties located within the urban
growth boundary • the City • Eugene. The Eugene Code, Chapter • will provide the required
land use controls for future development of the subject property upon annexation.
Public Schools
100,3110,3110.1mi
Summary of Urban Service Provision
Property Owner(s) Name:
!7 civ d A d J c > ct, C b (Lj Ca-i," P Li e-
Assessor's Map and Tax Lot Numbers for Properties Proposed for Annexation
(For example: Map 17-03-19-31, Tax Lot 100)
t -4- — 0 4 — - 2— � — 1 2 , LG -1- 4 4 00
\ - 0 A -- 2, A - 7/4 L f- t- 5 5 OL?
Wastewater -- All new development must connect to the wastewater (sanitary sewer) system.
Is wastewater service available to serve the area proposed for annexation? (For more
information, contact the Engineering staff at the City of Eugene Permit and Information Center
or call 541-682-8400.)
The property(ies) in this annexation request:
X . will be served from an existing gravity wastewater line.
Location and size of existing wastewater line:
-tht SUS,ecr k ) r P & �
will be served by an extension of an existing gravity wastewater line.
Stormwater -- Site plans for all new development must provide for drainage to an approved
system consistent with the Comprehensive Stormwater Management Plan. City approval for
storm drainage will be required as part of the development process. (For more information,
contact the EnVineeLing staff at the CitO7 of Eup-np—P-P-Tm�t-and-kforn.iatv-in-Center-w-ca-lt-FN-�-
682-8400.)
Is the site currently served by an approved stormwater system?
1 of 4
If yes,
location?
If no, how will stormwater be handled after development? -
A ap i; c x" t • -t} c 1 S S � � - s ; f t' .Ma�n ,Q.t, o f o •� S'• U r AAWCL { Iry ✓t 1) ('1�
V l u "�'11� C �/► (�nl c �1n J F t J i� }{' i v► l� fi Vin C i. fi„e1 S'] u r.� -
W GL-/ M uMµ q C' f� W I l file
Streets — What existing streets provide access to this site. List existing streets that provide
access to this site from River Road, the Northwest Expressway, or Beltline
Highway. La -W2- ctbJn 11te v\u r. der _ i;v w L
A . 0 Let I �j Laue it Cxcc6-jS ks� �'V eruG�tQ
Will dedication for additional street right -of -way be required upon further development of this
site?
Yes
x No
Unknown
Will existing streets be extended or new streets constructed upon further development of this
site?
Yes
X No
Unknown
(For more information, contact the City of Eugene Public Works staff at (682- 6004.)
Parks, Recreation, and Cultural Services
Systems Development revenues generated by new development and Ballot Measure 20 -30,
which authorized the issuance of $25.3 million in general revenue bonds, will help to fund future
City park acquisition and development in this area and throughout the city. Please list the parks
and recreation facilities that already exist or are planned in the general vicinity of the
property(ies) included in this annexation:
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Key services, defined by the Metropolitan Plan as parks and recreation programs, will be
available to new city residents in this area on an equal basis with residents throughout the city.
Public Safety
Police services - Police protection can be extended to this site upon annexation consistent with
service provision throughout the city.
2of4
For River Road /Santa Clara area -
Police services - Police protection can be extended to this site upon annexation
consistent with service provision throughout the city. Police currently travel along River
Road to provide service to areas throughout the River Road and Santa Clara area. Infill
annexations and development in this area will increase the efficiency of service delivery
to this area.
Fire and emergency services (Please indicate which fire district serves subject property.)
Santa Clara - Fire protection services are currently provided to the
subject property by the Santa Clara Rural Fire Protection District.
X_ River Road - Fire and emergency services - Fire protection is currently
provided to the subject property by the River Road Water District under contract
with the City of Eugene. Upon annexation, fire protection will be provided directly
by the City of Eugene Fire & EMS Department.
Emergency medical transport (i.e., ambulance) services are currently provided on a regional
basis by Eugene, Springfield, and Lane Rural Fire /Rescue to central Lane County, including the
River Road and Santa Clara areas. After annexation, this service will continue to be provided by
the current provider. All ambulance service providers have mutual aid agreements and provide
back -up service into the other providers' areas.
Planning and Development Services -- Planning and building permit services are provided to the
area outside the city limits but within the urban growth boundary by the City of Eugene. This
service would continue after annexation.
EWEB (Eugene Water and Electric Board) currently provides water and electric service in the
Eugene area and can provide service to new development in the River Road and Santa Clara
area upon annexation. Some properties in northern Eugene receive electric service from EPUD
(Emerald People's Utility District). Some properties in south Eugene receive electric services
from the Lane Electric Cooperative; please note if this is the case for your property. For more
information contact EWEB, ph. 484- 2411, EPUD, ph. 746 -1583 or Lane Electric Co -op, 484 -1151.
Electric Service — Which electric company will serve this site?
Water Service -- Please provide the size and location of the water main closest to your
property
A CM ula, 2c' iS 1 o ctiL e,/, k A titom.
Solid Waste -- Solid waste collection service is provided by private firms. Regional disposal sites
and the Short Mountain Landfill are operated by Lane County.
3 of 4
Natural Gas -- Northwest Natural Gas can extend service to new development in this area.
Communications -- US West Communications and a variety of other telecommunications
providers offer communications services throughout the Eugene /Springfield Area.
4of4
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