HomeMy WebLinkAboutResolution No. 5389RESOLUTION NO. 5389
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-15-11, TAX LOT 06000 LOCATED AT 661
BUSHNELL LANE).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on August l, 2023, by Riverstone
Ventures LLC., in accordance with the provisions of Section 9.7810 of the E ugene Code, 1971 ,
("EC") to annex property identified as Assessor's Map 17-04-15-11 , Tax Lot 06000 , to the City
of Eugene.
B. The legal description of the property proposed to be annexed is attached to this
Resolution as Exhibit A. A map depictin g the annexation area is attached to this Resolution as
Ex hibitB.
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 October 24, 2023, a notice containing the street address , 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 November 27, 2023.
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 Ex hibit C and are adopted in support of this Resolution , it
is ordered that the land identified as Assessor 's Map 17-04-15-11, Tax Lot 06000 , which is more
particularly described in the attached Exhibit A, is annexed to the City of E ugene.
R eso lution -P age 1 of 2
Section 2. This Resolution is effective immediately upon its passage by the City Council.
The annexation and the automatic rezoning of the land pursuant to EC 9.7820(3) from Low Density
Residential Zone (R-1) with /UL Urbanizable Land Overlay to Low Density Residential (R-1)
shall become effective in accordance with State law.
The foregoing Resolution adopted the 27 th day of November, 2023.
Resolution -Page 2 of 2
Exhibit A
ANNEXATION LEGAL DESCRIPTION
FOR 661 BUSHNELL LN
Beginning at a point on the South line of Lot 1, THE OAKS, as platted and recorded in Book 4, Page 106,
Lane County Oregon Plat Records, 98 .575 feet East of the Southwest corner thereof; thence North 0 °20'
East 100 .0 feet; thence West 98.575 feet; thence North 0°20' East 171.35 feet along the West line of Lot
1 ; thence East 187.15 feet, more or less, to the East line of the West½ of said Lot 1; thence South 0°20'
West 271 .35 feet to the South line of said Lot 1; thence West 88.575 feet to the place of beginning in
Lane County Oregon.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
JANUARY 14, 2003
RYAN M. ERICKSON
55524
EXPIRES: 12/31/2023
Exhibit B
NNEXATIO-W-SITE PLA
FOR
661 BUSHNELL LANE
REGISTERED
PROFESSIONAL
LAN D SURVEYOR
NE 1/4 NEl /4 , SECTION 15 , TOWNSHIP 17 SOUTH ,
RANGE 4 WEST , W.M.
DIGITALLY SIGNED
EUGENE ,LANE COUNTY, OREGON
DATE PREPARED: SEPTEMBER 13 ,2023
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er: Sta fford Brooke M ~
Y X X LX. 17-04-1 5-11-06000
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17-04-15 -11-07500
Owner: Stut z Je ffr ey D
& Jenni fe r A
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17-04-1 5-11-07600 g
Owner: Anderson ~
Mo nt e L & Tracey D ~
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INITIAL
POI NT
EAST 98 .575 OF
SW CO R LOT I.
THE OAKS
L EGF:N D
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STORAGE
WF:ST 88.575'
EX I STIN G CITY LIMITS
Owner:
) fit zge rald Lev
~· 17-04-15-11 -07
;::. Own er: Krnm
00 • Kell y De ~x:<0 / 0 i-"' s "'".,,,..c~ 5c~~,xx
' I 7-04 -15-11-077 0 < Own er: Bri sky
Jose ph & Sara
)c Own er: Joh
Alan C & Pa,
BUS HNE LL L N
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OREGON
JANUARY 14 , 2003
RYAN M. ERICKSON
55524
/I~
SCALE l" = 100'
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S UBJECT 1
PRO PERTY I ' i I -
L __ 1
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VJCINlffY MA.Pl
NOl'TO SCALE
\JP EGR & Associoites,
V Engineers, Geologists, and Surveyors
Inc.
2535B Prairie Road (541) 688-8322
Eugene, Oregon 97402 Fax (541) 688-8087 ,--------------~-~-----------,
METRO PLANNING, INC
ASS E SSORS MAP: 17-04-15-11 TAX LOT: 06000
846 A STREET
SPRINGFIELD, OR. 97477
541-302-9 830
JOB N0.23 -03 1
Rev ised By : GTX
Exhibit C
• Planning Director's Findings and Recommendation:
Annexation Request for 661 Bushnell
(City File: A 23 -5)
Application Submitted: August 1, 2023
Applicant: Riverstone Ventures, LLC.
Property Included in Annexation Request: Tax Lot 06000 of Assessor 's Map 17-04-15 -11
Zoning: Low Density Residential (R-1) with an /UL Urbanizable Land Overlay
Location: 661 Bushnel l Lane
Lead City Staff: Shawn Burgett, Associate Planner, City of Eugene Planning Division, 541-682-5485
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 subject property is within the Urban Growth Boundary and is contiguous to
>--=~~=------< C8J D City limits on its northern, western and eastern borders, 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
>--=~~=------< C8J D encouraging compact urban growth to achiev e efficient use of land and urban service
YES NO provisions within the UGB , including the following policies from the Growth
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 I/-C-4)
Policy 10. Annexation to a city through normal processes shall continue to be the high est
priority. (page I/-C-5).
66 1 Bus hn e ll I 661 Bu shn e ll Lane (A 23-5 ) November 2023 Page 1
EC 9.7825(3)
Exhibit C
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 I/-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, and also designates the area for low density
residential use . The property is currently zoned R-1 Low Density Residential with a /UL
Urbaniz a ble Land overlay. The /UL overlay will be automatically removed from the
property upon approval of the annexation.
Regarding applicable policies of the RR/SC UFP, the subject property is not within a
defin ed subarea . Further, none of the general "Residential Land Use Policies " in Section
2.2 of the RR/SC UFP appear to be directly applicable to the annexation request. The
"Public Facilities and Services Element" policies of the RR/SC UFP are directed at local
government; however, the premise of these policies (regarding the provision of urban
services) is the assumption that property 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 the r efore, 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.
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
>----=~'--,=-----i ~ D boundary in which the minimum level of key urban facilities and services can be
YES NO provided in an orderly, efficient, and timely manner as detailed below :
Wastewater
The subject property is currently se rved by the public wastewater sy stem as verified by
the City 's Public Works Department.
66 1 Bus hne ll I 66 1 Bushn ell Lan e (A 23 -5 ) Page 2
Exhibit C
Storm water
At the time of further development of the property, treatment of stormwater will be
evaluated for consistency with City of Eugene policies and plans for treatment. With a
variety of options available to provide stormwater treatment, service can be provided in
an orderly, efficient, and timely manner.
Transportation
The property has frontage on Bushnell Lane, which is a public street. In the event further
development occurs, additional evaluation of access to the public street system will take
place .
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) Water 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 throughout 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.
Public Schools
The subject property is within Bethel School District and is within the district boundary of
Irving Elementary School, Shasta Middle School, and Willamette 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.
661 Bushnell I 66 1 Bushnell Lane (A 23-5) Nov ember 2023 Page 3
Exhibit C
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 appl ication file for reference. The effective
date of the annexation will be set in accordance with State law .
INFORMATIONAL ITEMS:
• Upon approval of the anne xation , the base zoning R-1 (Low-Density Residential) zoning will
remain. However, the /UL Urbanizable Land overlay will be automatically removed from the
anne xation area . Please contact the Permit Information Center, Planner-on-Duty at 541-682-5377
for more information.
• Approval of this anne xation does not relieve the applicant from complying with applicable codes
and statutory requirements.
661 Bu shne ll I 661 Bush nell Lane (A 23-5) Novembe r 2023 Page 4