Loading...
HomeMy WebLinkAboutResolution No. 5084COUNCIL RESOLUTION NO. 5084 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 PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: April 8, 2013 RESOLUTION NO. 5084 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. 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 Resolution - Page 1 of 2 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 8 th day of April, 2013. City Recorder Resolution - Page 2 of 2 Exhi bit !' Ll „� ; ;��000000000i; ,eNNNNNN' � E WIL °LIARD "LN � ��; uaaaaaa � OAKLEIGH MAR'I'ON LN aa City Limits Request ELKAY DR MCCLURE LN SUNNYSIDE DR Cit Limits .. W STULTS AVE w,G w, PARKAVE � STEPHENS DR zi ° C/) aaaaaaaaaaaaaaaaaaaaa N Exhibit C Page 1 of 4 Planning Director's Recommendations and Findings: Adee - Connolly (A 13 -1) EUGENE 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: 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. 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 Adee - Connolly (A 13 -1) April 2013 Page 2 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 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 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 comer 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.