HomeMy WebLinkAboutResolution No. 5406RESOLUTION NO. 5406
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-02-34, TAX LOT 05800 LOCATED ON
IRVINGTON DRIVE WEST OF RIVER ROAD)
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on February 1, 2024, by Janice M. Rush
Trust, in accordance with the provisions of Section 9. 7810 of the Eugene Code, 1971, ("EC") to
annex property identified as Assessor's Map 17-04-02-34 Tax Lot 05800, 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 April 10, 2024, 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 Santa Clara
Community Organization. The notice advised that the City Council would consider the Planning
Director's full recommendation on the proposed annexation on May 13, 2024.
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 17-04-02-34, Tax Lot 05800, which is more
particularly described in the attached Exhibit B, is annexed to the City of Eugene.
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 R-1 Low-
Density Residential with /UL Urbanizable Land Overlay and /CAS Commercial Airport Safety
Overlay to R-1 Low-Density Residential with /CAS Commercial Airport Safety Overlay shall
become effective in accordance with State law.
The foregoing Resolution adopted the 13th day of May, 2024.
Resolution -Page 2 of 2
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Land Annexation for
Janice M. Rush Trust
SOUTHWEST 1/4 of SECTION 02, TOWNSHIP 17 SOUTH,
RANGE 4 WEST, W.M.
~-------IL i :UGENE, LANI COUNTY, OREGONI I
; ~ Existing 5' wide EWES easement
.,..-(")
Exhibit A
~---------·---
I
Parcel 1
LPPN
94-P0480
Parcel 2
LPPN
94-P0480
Lot 11
IRVINGTON DRIVE
TL 5300 TL 5400
Lot 10 Lot 9
S 89'44'02" E
15.00'
TL 5500
TL 5700 TL 5900
TL6200
.-----.-----1-a-, ______ t"-..._~-■f---Point of Beginning
Lot 13 Lot 12 Lot 8 Lot 7
Alexandra Court Subdivision
Lot6
TL 7400
NE Corner of Lot 6 Alexandra
Court Subdivision
SUBJECT PROPERTY--~
LEGEND m LAND TO BE ANNEXED
---CITY LIMITS
EXISTING ANNEXED
PROPERTY
REGISTERED
PROFESSIONAL
LAND SURVEY R
OREGON
JULY 15, 2003
KENT BAKER
#59885
NOTES RENEWS: 12-31-2025
1. CITY LIMIT BOUNDARIES SHOWN PER CITY of
EUGENE ON-LINE INTERACTIVE MAP
(EUGMAPS-APP) JANUARY 8, 2023.
2. SITE IS VACANT.
3. EASEMENTS OR OTHER RECORDED RESTRICTIONS
ARE SHOWN, IF EXISTING, ON THE SITE.
ANNEXATION SITE PLAN
MAP: 17 04 02 34 Tax Lot 5800 Irvington Drive Annexation Irvington Drive, Eugene, OR 97 404 Dale: February 2, 2023 Revised: March 8, 2023
A on Avenue
Irvin Ion Oliv
Scale: 1" = 100' -0"
0 50 100
VICINITY MAP
Ci)
200
Exhibit B
Legal Description of Affected Territory to be Annexed
(Tax Lot #5800)
A unit of land being situated in the Southwest 1/4 of Section 2, Township 17 South,
Range 4 West of the Willamette Meridian, said unit of land being more particularly
described as follows:
Beginning at the Northeast corner of Lot 6, ALEXANDRA COURT SUBDIVISION, as
platted and recorded in File 75, Slides 124 -126, Lane County Plat Records, in Lane
County, Oregon;
Thence along the northerly boundary of said Lot 6, North 89°52'00" West a distance of
82.34 feet;
Thence leaving the northerly boundary of said Lot 6, North 00°08'00" East a distance of
253.26 feet to the northerly margin of Irvington Road, said northerly margin being 1 O
meters (32.81 feet) from the centerline;
Thence along the northerly margin of Irvington Road parallel with and 10 meters
southerly of the centerline, South 89°44'02" East a distance of 15.00 feet;
Thence leaving the northerly margin of Irvington Road, South 00°08'00" West a distance
of 120.94 feet;
Thence South 89°52'00" East a distance of 67.34 feet;
Thence South 00°08'00" West a distance of 132.28 feet to the point of beginning, all in
Lane County, Oregon and containing 12,706 square feet (0.29 acres) of land, more or
less.
•
Planning Director's Findings and Recommendation:
Annexation Request for IRVINGTON DRIVE
(City File: A 24-1)
Application Submitted: February 1, 2024
Applicant: Janice M. Rush Trust
Exhibit C
Property Included in Annexation Request: Tax Lot 05800 of Assessor's Map 17-04-02-34
Zoning: R-1 Low-Density Residential with an /UL Urbanizable Land Overlay and /CAS Commercial Airport
Safety Overlay
Location: South side of Irvington Drive, west of River Road
Lead City Staff: Nicholas Gioello, Associate Planner, City of Eugene Planning Division, 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 subject property is within the Urban Growth Boundary and is contiguous to t---7..-,,----,-,--,--j IX! LJ City limits on its northern and southern 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
1------.-,--,--1 IX! LJ encouraging compact urban growth to achieve efficient use of land and urban service
YES NO
Irvington Drive (A 24-1)
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 II-C-5).
Page 1
Exhibit C
EC 9.7825(3)
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, which also designates the area for low
density residential use, consistent with the subject property's existing R-1 Low-Density
Residential zoning. 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
defined subarea. Further, none of the general "Residential Land Use Policies" at Section
2.2 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 (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 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 f-,.......,.------,-'----,---,---, !XI LJ 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:
Irvington Drive (A 24-1) Page 2
Exhibit C
Irvington Drive (A 24-1)
Wastewater
Public wastewater is available via a 12-inch line located in Irvington Drive and a 6-inch
service line at the north property line that provides service to this tax lot and an adjacent
tax lot.
As an informational item, there is a wastewater assessment for this tax lot which will
need to be paid prior to any development on the site.
Stormwater
An 18-inch public stormwater line exists within Irvington Drive at this location, which
increases to a 24-inch diameter pipe just east of the property. Future development on
the site will be subject to stormwater standards in effect at that time. Service can be
provided in an orderly, efficient, and timely manner.
Transportation
The property is located on Irvington Drive, which is classified as a minor arterial street
and is owned and maintained by City of Eugene. It is an improved street with curb and
gutter, setback sidewalks, street trees and streetlights. Access management and street
standards will be evaluated at the time of future development.
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 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.
Page 3
Exhibit C
Communications
A variety of telecommunications providers offer communications services throughout
the Eugene/Springfield area.
Public Schools
The subject property is within Eugene School District 4J and is located within the district
boundary of Spring Creek Elementary School, Madison 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 of the annexation will be set in accordance with State law.
INFORMATIONAL ITEMS:
• Upon approval of the annexation, the base zoning of R-1 Low-Density Residential and /CAS
Commercial Airport Safety Overlay 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.
Irvington Drive (A 24-1) Page 4