HomeMy WebLinkAboutResolution No. 5390RESOLUTION NO. 5390
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-14-32, TAX LOT 00200 LOCATED AT 37
BUSHNELL LANE).
The City Council of the City of Eugene finds that:
A. An annexation application was s ubmitted on August 14 , 2023, by Joesph Muller,
in accordance with the provisions of Section 9. 7810 of the E ugene Code , 1971, ("EC") to annex
property identified as Assessor 's Map 17-04-14-32 , Tax Lot 00200 , 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 depicting the annexation area 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 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 F inding s 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 17-04-14-32 , Tax Lot 00200 , which is more
particularly described in the attached Exhibit A , is annexed to the City of E ugene.
Resolution -Page 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.
dtyRe
Resolution -Page 2 of 2
Exhibit A
Legal Description of Affected Territory to be Annexed
(Tax Lot #200)
A unit of land being situated in the Southwest 1/4 of Section 14, Township 17 South,
Range 4 West of the Willamette Meridian, said unit of land being more particularly
described as follows:
Commencing at the Northeast corner of the James McCabe Donation Land Claim No.
46 in Township 17 South, Range 4 West of the Willamette Meridian;
Thence North 89°53 ' West a distance of 1973.4 feet
Thence South 00°11' West a distance of 807 .5 feet to the POINT OF BEGINNING of
this land to be annexed;
Thence continuing South 00°11' West a distance of 95.00 feet;
Thence North 89°53' West a distance of 207.00 feet to the easterly right-of-way line of
Bushnell Lane;
Thence along the easterly right-of-way line of Bushnell Lane, North 00°11' East a
distance of 95.00 feet ;
Thence leaving the easterly right-of-way line of Bushnell Lane, South 89°53' East a
distance of 207.00 feet to the point of beginning, all in Lane County, Oregon and
containing 19,665 square feet (0.45 acres) of land , more or less .
REGISTERED
PROFESSIONAL
LANDSURV~
OREGON
JULY 15, 2003
KENT BAKER
#59885
RENEWS: 12-31-202~
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CADASTRAL MAP
Land Ame.xation for
Joseph MLi ler
Exhibit B
SECTION 14, TOWNSH1P17SOUTH, RA.NGE4WEST, W.M .
4-
EUGENE, 1.ANE. COUNTY, OREGON
BOYCE STIREET
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Not.es
1. CITY UJIIT BOU NMRI ES SHO\NN
PER CITY of EUGENE. ON-LINE
INTERACTIVE MAP
{EUGMl!<PS-APP) JUNE 27. 2023.
2. EXISTING SI NGLE iOWEWNG ON
SiTE.
3. NO EASEMENT$ OR OTHER
RECORDED RESTRiCTIO.NS ARE
KNOWN TO EXIST ON ftlE SifE.
4. S·EE ATTAOHE.D ANNEXATION MAP
"" SIGNED BY SURVEYOR
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JULY 15, 2003
KENT BAKER
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RENE\!VS : 12-31-2023
Exhibit C
Planning Director's Findings and Recommendation:
Annexation Request for 37 Bushnell
(City File: A 23-6}
Application Submitted: August 14, 2023
Applicant: Joseph Muller
Property Included in Annexation Request: Tax Lot 00200 of Assessor's Map 17-04-14-32
Zoning: Low Density Residential (R-1) with an /UL Urbanizable Land Overlay
Location: 37 Bushnell 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 separated
>--=~~=---t ~ D from City limits by public right of way (Bushnell Lane) abutting the site's northwestern
YES NO
EC 9.7825(2)
border consistent with subsection (b).
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
>--=~~=---, ~ D encouraging compact urban growth to achieve 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 highest
priority. (page I/-C-5).
37 Bushnell I 37 Bushnell Lane (A 23-6) 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
r efinement 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
Urbanizable 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 in the
Maxwell/Park Avenue subarea. The subareas do not contain policies but rather
recommendations, none of the recommendations are specific to this site and
annexations . 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 ar e 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 .
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
>-----=~==-----< ~ 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
3 7 Bu shn ell I 37 Bu shn ell Lane (A 23-6 ) Nove mbe r 2023 Page 2
Exhibit C
The subject property is currently served by the public wastewater system as verified by
the City 's Public Works Department.
Stormwater
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 Electr ic
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 .
Communication s
A variety of telecommunications providers offer communications services throughout
the Eugene/Springfield area .
Public Schools
The subject property is within Eugene School District and is within the district boundary
of Howard Elementary School, Kelly Middle School, and North Eugene High School. As
37 Bu shn ell I 37 Bu shn ell Lan e (A 23 -6) No ve mbe r 202 3 Page 3
Exhibit C
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 of the annexation will be set in accordance with State law.
INFORMATIONAL ITEMS:
• Upon approval of the annexation, the base zoning R-1 {Low-Density Residential) zoning will
remain. However, the /UL Urbanizable Land 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.
37 Bushnell I 37 Bushnell Lane (A 23-6 ) November 2023 Page 4