HomeMy WebLinkAboutResolution No. 5329
COUNCIL RESOLUTION NO. 5329
RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (ASSESSOR’S MAP 17-04-24-24, TAX LOT 10100
LOCATED NEAR SOUTHEAST TERMINUS OF OAKLEIGH
LANE, BETWEEN RIVER ROAD AND THE WILLAMETTE
RIVER).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: July 26, 2021
RESOLUTION NO. 5329
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR’S MAP 17-04-24-24, TAX LOT 10100 LOCATED NEAR
SOUTHEAST TERMINUS OF OAKLEIGH LANE, BETWEEN RIVER
ROAD AND THE WILLAMETTE RIVER).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on May 7, 2021, by David and Janice
Henderson, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”)
to annex property identified as Assessor’s Map 17-04-24-24, Tax Lot 10100, to the City of Eugene.
B. The property proposed to be annexed is depicted on the map attached as Exhibit A
to this Resolution. The legal description of the property proposed to be annexed 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 Findings and
Recommendation are attached as Exhibit C.
D. On June 25, 2021, a notice containing a geographical reference to the property, the
assessor’s map and tax lot number for the property, a description of the land proposed to be
annexed, and the Planning Director’s preliminary recommendation was mailed to the applicant,
owners and occupants of properties located within 500 feet of the perimeter 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 July 26,
2021.
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 Findings and
Recommendation which are attached as Exhibit C and are adopted in support of this Resolution, it
is ordered that the land identified as Assessor’s Map 17-04-24-24, Tax Lot 10100, which is
depicted on the map attached as Exhibit A, and more particularly described in the attached Exhibit
B, is annexed to the City of Eugene.
Resolution - Page 1of 2
Exhibit A
Exhibit B
Exhibit C
Planning Director’s Findings and Recommendation
Annexation Request for Henderson, David and Janice
(City File: A 21-5)
Application Submitted: May 7, 2021
Applicant: David and Janice Henderson
Property Included in Annexation Request: Tax Lot 10100 of Assessor’s Map 17-04-24-24
Zoning: R-1 Low-Density Residential with /UL Urbanizable Land Overlay
Location: Near southeast terminus of Oakleigh Lane, between River Road and the Willamette River
Representative: TBG Architects and Planners Surveyor: SSW Engineers, Inc.
Lead City Staff: Rodney Bohner, Associate Planner, City of Eugene Planning Division, 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
contiguous to City limits along the property’s north, east, and west boundaries,
consistent with subsection (a).
YES NO
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinement plans.
Complies Findings: Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to achieve efficient use of land and urban service
provisions within the UGB, including the following policies from the Growth
YES NO
Management section (in italic text):
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 II-C-4)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page II-C-5).
Henderson (A 21-5) June 2021 Page 1
Policy 15. 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 following policy from the Residential Element of the Metro Plan is also applicable:
Policy A.2 Residentially designated land within the UGB should be zoned consistent with
the Metro Plan, and applicable plans and policies; however, existing
agricultural zoning may be continued within the area between the city limits
and UGB until rezoned for urban uses.
The Metro Plan designates the annexation area as appropriate for low density residential
use. The River Road - Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted
refinement plan for the subject property, which also designates the area for low density
residential use. The property is zoned R-1 Low-Density Residential with a /UL
Urbanizable Land overlay. The /UL overlay will be automatically removed from the
property following annexation approval.
Regarding applicable policies of the RR/SC UFP, the subject property is not located within
an identified subarea. The proposed annexation does not appear to conflict with any of
the Land Use Policies or Residential Policies. The “Public Facilities and Services Element”
policies of the RR/SC UFPare directed at local government; however, the premise of
these policies (regarding 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.
Based on the findings above, the proposal is consistent with the applicable policies of the
Metro Plan and RR/SC UFP refinement plan.
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: Consistent with this criterion, 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 manner as detailed below:
YES NO
Wastewater
Wastewater service is available in Oakleigh Lane via an 8-inch main line which
demonstrates that service is available to the site. In the event of future improvements,
evaluation of service connections will occur. Public Works Engineering staff note that a
Henderson (A 21-5) June 2021 Page 2
special assessment exists from a1992 project and will need to be addressed at the time
of connection to the public system (the assessmentis $10,195.34 as of May2021).
Stormwater
The applicant proposes on-site management of stormwater runoff from future
development on the site. The available soil data indicates that the site is suitable for
infiltration facilities. In addition to infiltration treatment, additional options for
complying with stormwater standards may be further evaluated at the time of future
development.
Transportation
The property has frontage on Oakleigh Lane, a public street that connects to other
streets allowing access to the greater public street system. In the event of further
development, additional evaluation of access to the public street system will occur at
that time.
Solid Waste
Collection service is provided by private firms. Regional disposal sites are operated by
Lane County.
Water and Electric
Eugene Water and Electric Board (EWEB) staff confirm that water and electric services
are available to the property. Water and electric services can be extended to the subject
property in accordance with EWEB policies and procedures.
Public Safety
Police protection can be extended to this site upon annexation consistent with service
provision through the City.Fire protection will be provided by Eugene Springfield Fire.
Emergency medical services are currently provided on a regional basis and will continue
in the same manner upon annexation.
Parks and Recreation
Parks and recreation programs are provided on a City-wide basis. The inclusion of the
subject property in the City is sufficient evidence to demonstrate the minimum level of
this key urban service is met.
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
A variety of telecommunications providers offer communications services throughout
the Eugene/Springfield area.
Henderson (A 21-5) June 2021 Page 3
Public Schools
The subject property is within Eugene School District 4J and is within the district
boundary of River Road Elementary School, Kelly Middle School, and North Eugene High
School. As access to schools is evaluated on a district-wide basis, the property’s location
within the school district is sufficient evidence to demonstrate the minimum level of this
key urban service is met.
CONCLUSION:
Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the
proposed annexation is consistent with the applicable approval criteria. A map and legal description
showing the area subject to annexation are included in the application file for reference. The effective
date will be set in accordance with State law.
INFORMATIONAL ITEMS:
Upon approval of the annexation, the base zoning of R-1 Low-Density Residential will remain;
however, the /UL Urbanizable Lands overlay will be automatically removed from the annexation
area. Please contact the Permit Information Center, Planner-on-Duty at 541-682-5377 for more
information.
Approval of this annexation does not relieve the applicant from complying with applicable codes
and statutory requirements.
Henderson (A 21-5) June 2021 Page 4