HomeMy WebLinkAboutResolution No. 5094COUNCIL RESOLUTION NO. 5094
A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (937 IRVINGTON DRIVE, EUGENE, OREGON,
AND PROPERTY IDENTIFIED AS ASSESSOR'S MAP
17- 04- 03 -40, TAX LOT 2303).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: July 22, 2013
RESOLUTION NO. 5094
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (937
IRVINGTON DRIVE, EUGENE, OREGON, AND PROPERTY
IDENTIFIED AS ASSESSOR'S MAP 17- 04- 03 -40, TAX LOT 2303).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by Bruce Wiechert Custom Homes, Inc.
on June 17, 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- 03 -40, Tax Lot 2303.
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 June 19, 2013, a notice containing the street address 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 Santa Clara Community Organization. The
notice advised that the City Council would consider the Planning Director's full recommendation
on the proposed annexation on July 22, 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- 03 -40, Tax Lot 2303 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 AG /UL /CAS to AG /CAS
Resolution - Page 1 of 2
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 22 " day of July, 2013.
&a J� 'I
City Recorder
Resolution - Page 2 of 2
Exhibit A
Bruce Wiechert Custom Homes A 13 -4)
Eugene City Limits
Annexation Area
N
per
$
■
n
OEM
IN IMES
a In
IN
L4
lj�
Eugene City Limits
Annexation Area
N
LEGAL DESCRIPTION:
Exhibit B
L JUN 17
BEGINNING AT A POINT BEING SOUTH 89 ° 52'00" EAST 589.64 FEET AND p
NORTH 00 ° 08'00" EAST 150 FEET FROM THE BRASS CAP MARKING - THE""`
SOUTHEAST CORNER OF THE MARION SCOTT DONATION LAND CLAIM NO.
56, TOWNSHIP 17 SOUTH, RANGE 4 WEST OF THE WILLAMETTE MERIDIAN,
THENCE NORTH 00 0 08'00" EAST 589.20 FEET; THENCE SOUTH 89 ° 52'00" EAST
294.82 FEET; THENCE SOUTH 00 ° 08'00" WEST 438.20 FEET; THENCE NORTH
89 ° 52'00" WEST 145.00 FEET; THENCE SOUTH 00 ° 08'00" WEST 261.00 FEET TO
THE NORTHERLY MARGIN OF IRVINGTON DRIVE; THENCE ALONG SAID
MARGIN NORTH 89 0 52'00" WEST 60.00 FEET; THENCE LEAVING SAID
MARGIN NORTH 00 ° 08'00" EAST 110.00 FEET; THENCE NORTH 89 ° 52'00" WEST
89.82 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON.
REG1STEnEU
PR0FE t i0 i4
LAND SUS '- __PR
JULY 15, 2003
KENT BAKER
C k • -�; 12 - 31 c y 3
' 1I
2013
Exhibit C
Page 1 of 4
Planning Director's Recommendations and Findings:
Bruce Wiechert Custom Homes (A 13 -4)
EUGENE
Application Submitted: June 17, 2013
Applicant: Bruce Wiechert Custom Homes, Inc.
Map /Lot(s): 17- 04 -03 -40 Lot 2303
Zoning: AG /UL /CAS
Location: 937 Irvington Drive on the north side of Irvington between Willowbrook St. and Stark St.
Representative: Anthony Favreau
Lead City Staff:
Steve Ochs, Associate Planner, (541) 682 -5453
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 area of land along the southern and eastern boundaries of
the property.
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.
Satterwhite Family Trust (A 12 -1) July 2012 Page 1
Exhibit C
Page 2 of 4
Satterwhite Family Trust (A 12 -1) July 2012 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
adopted refinement plan 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 AG /CAS, and the /UL overlay will be automatically removed from the
annexation area. The applicant has submitted a zone change (City File Z 13 -4) to rezone
the property to R -1 once the annexation has been approved.
With regard to applicable policies of the RR SC UFP the subject property is not in a
subarea and 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
Public wastewater is available; there is an 8 -inch public line within Leonards Way, to the
west, as well as an 8 -inch public line within Verbena Drive, to the south. The related
Satterwhite Family Trust (A 12 -1) July 2012 Page 2
Exhibit C
Page 3 of 4
wastewater assessments have been paid.
Stormwater
There are no existing public stormwater lines available for collection of stormwater
runoff from the property, though on -site retention may be feasible for future
development. Infiltration facilities would need to be sized to store and infiltrate the
Flood Control Design Storm and on -site tests must demonstrate the viability of
infiltration. At the time of development, applicants must address all applicable
stormwater management standards such as: destination, pollution reduction, oil control,
easements, and operation and maintenance.
Streets
The property has frontage on Irvington Drive which is within the City limits but under
Lane County Jurisdiction and functions as a minor arterial street. Street standards must
be addressed with future development which may require right of way dedication,
special setbacks and street improvements.
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 notes that adequate service can be made
at the time of development and there are no objections to the annexation.
Electric
EWEB currently serves the subject properties and has no objections to the annexation.
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 Lane Rural Fire and Rescue. 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 the River Road — Santa Clara parks
planning district with Filbert Meadows Park being located north of the subject property
and Arrowhead Park to the west being the nearest parks serving that 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.
Satterwhite Family Trust (A 12 -1) July 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 4J School district and is served by Spring Creek
Elementary School, Madison Middle School and North Eugene High School.
CONCLUSION:
Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the
proposed annexation is found to be consistent with the applicable approval criteria. Based upon findings
above, the Planning Director recommends that City Council approve this annexation proposal. A map and
legal description showing the area subject to annexation are included in the application file for reference.
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, including establishing capacity of
the receiving system, pre- treating impervious areas prior to discharge, and possibly oil and source
controls, depending on proposed development.
Satterwhite Family Trust (A 12 -1) July 2012 Page 4