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HomeMy WebLinkAboutResolution No. 5441COUNCIL RESOLUTION NO. 5441 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-13-32, TAX LOT 05000 AND LOCATED AT 1708 RIVER ROAD) PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Zelenka I CON;SIDERED: May 12, 2025 • RESOLUTION NO. 5441 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-13-32, TAX LOT 05000 AND LOCATED AT 1708 RIVER ROAD) The City Council of the City of Eugene finds that: A. An annexation application was submitted on January 17, 2025, by 1708 River Road, LLC , in accordance with the provisions of Section 9 .7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-13-32 , Tax Lot 05000, 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 11, 2025, 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 May 12, 2025. 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 17-04-13-32, Tax Lot 05000 , which is more particularly 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 the automatic rezoning of the land pursuant to EC 9.7820(3) from R-2 Resolution -Page 1 of 2 Medium-Density Residential with /UL Urbanizable Land Overlay to R-2 Medium-Density Residential shall become effective in accordance with State law. The foregoing Resolution adopted the 12th day of May, 2025. Resolution -Page 2 of 2 Land Annexation for 1708 River Road, LLC Exhibit A POINT OF BEGINNING Northeast corner of Lot 4 , NORTHWEST 1/4 of SECTION 13, TOWNSHIP 17 SOUTH, RANGE 4 WEST, W.M . Block 1, WINEY-DAVIS SUBDIVISION LEGEND TL 102 Lot 4 Winey Davis Sub . TL 103 Lot 3 Winey Davis Sub. TL 104 Lot 2 Winey Davis Sub . TL 701 ~ LANDTOBEANNEXED --CITY LIMITS ·.·-•:··:,::)~::;:;::!~~11t~'.I t=J NOTES EXISTING ANNEX ED PROPERTY EXISTING BUILDING EUGENE, LANE COUNTY, OREGON TL 700 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 15, 2003 KENT BAKER #59885 RENEWS: 12-31-2025 1. CITY LIMIT BOUNDARIES SHOWN PER CITY of EUGENE ON-LINE INT ERACTIVE MAP (EUGMAPS-APP) MAY 2024. 2. SITE HAS ONE SINGLE UNIT DWELLING . 3. EASEMENTS OR OTHER RECORDED RESTRICTIONS ARE SHOWN , IF EXISTING , ON THE SITE. MAP: 17 0413 32 Tax Lot 5000 ANNEXATION SITE PLAN 1708 River Road Annexation 1708 RNei Road, Eugene, OR 97 404 TL 500 SUBJECT PROPERTY Dato : Janu ary 17, 2025 Scal e: 1" ~ 60' -O" 0 30 VICINITY MAP 60 120 Exhibit B Legal Description (Tax Lot #5000) A unit of land being situated in the Southwest 1/4 of Section 13, 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 4, Block 1, WI NEY-DAVIS SUBDIVISION , as platted and recorded in Book 29 , Page 12 , Lane County Plat Records, in Lane County, Oregon, said northeast corner of Lot 4 being located on the southerly margin of Hamilton Avenue ; Thence along the southerly margin of Hamilton Avenue, 25.00 feet southerly and parallel with the centerline, South 89 °44'00" East a distance of 228 .80 feet to the intersection of the southerly margin of Hamilton Avenue with the westerly margin of River Road; Thence along the westerly margin of River Road, 50.00 feet westerly and parallel with the centerline, South 17°02'00" East a distance of 209.47 feet; Thence leaving the westerly margin of River Road, North 89 °44'00" West a distance of 290.16 feet to the east boundary of Block 1; WINEY-DAVIS SUBDIVISION; Thence along the east boundary of Block 1; WINEY-DAVIS SUBDIVISION, North 00 °00'00" East a distance of 200.00 feet to the point of beginning, all in Lane County , Oregon and containing 51,896 square feet (1.19 acres) of land , more or less. • Planning Director's Findings and Recommendation: Annexation Request for 1708 River Road LLC (City File: A 25-1) Exhibit C Application Submitted: January 17, 2025 Applicant: 1708 River Road, LLC Property Included in Annexation Request: Tax Lot 05000 of Assessor's Map 17-04-13-32 Zoning: R-2 Medium-Density Residential with /UL Urbanizable Land Overlay Location: 1708 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 i------.-------1 ~ LJ City limits on its eastern border (River Road), 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 f-------,=~'----,=---t ~ 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 II-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page I/-C-5). 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 1708 River Road (A 25-1) Page 1 1708 River Road (A 25-1) Exhibit C 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 medium-density residential use. The River Road -Santa Clara Urban Facilities Plan (RR/SC UFP) is an adopted refinement plan for the subject property, which also designates the area for medium density residential use, consistent with the subject property's existing R-2 Medium-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 located within the River Road/Howard subarea. None of the subarea recommendations are directly applicable to the subject request. 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. The River Road -Santa Clara Neighborhood Plan is the other more recently adopted refinement plan applicable to the subject property. While none of the goals or policies appear to serve as mandatory approval criteria for this annexation, the following policy is relevant to the annexation request: Policy 17.4 Annexation: Annexation of the River Road and Santa Clara areas will occur only through strict application of state laws and local policies (e.g., ability to extend key urban facilities and services in a timely manner). In each case, Eugene will make every reasonable attempt to provide for annexation only on a voluntary basis and according to prior individual property annexation agreements. As this annexation request is both served by key urban facilities (see below) and is a voluntary annexation, this policy is generally supportive of the request. Further, the Neighborhood Plan Goals focus on promoting additional housing infill, which this annexation will facilitate because of the expanded residential uses allowed on this property following annexation. 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 Page 2 Exhibit C procedure s beginning at EC 9.7800 are consistent with State law and therefore, as found throughout this report, the annexation is cons istent 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, and River Road -Santa Clara Neighborhood Plan 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 YES NO provided in an orderly, efficient, and timely manner as detailed below: Wastewater Public wastewater is available via an 8-inch line located within Hamilton Avenue right-of- way, which is adjacent to the site . City records indicate the existing structure on the lot is connected to the service line . Stormwater There is an existing 18-inch stormwater line adjacent to the site in Hamilton Avenue that connects to the 36-inch stormwater line in River Road. Soil maps indicate Type C soils exist on the site. No mapped infiltration limiting factors are noted. Any future development w i ll be subject to the City of Eugene stormwater standards during the building permit process. Transportation The subject property has frontage on Hamilton Avenue to the north, a local access road under Lane County jurisdiction . This section of Hamilton Ave is paved and the current access to the property is taken from Hamilton Avenue. The subject prope rty also has frontage on River Road to the east, a Major Arterial. This section of River Road is owned and maintained by the City of Eugene. Any future development of the site or alterations to the existing access connection may require a facilities permit from Lane County Transportation if Hamilton Avenue is still under Lane County jurisdiction . Solid Waste Collect ion 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 no objections to the annexation of the site as water and electric services for the subject property are 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 . 1708 Ri ve r Ro ad (A 25 -1) Page 3 CONCLUSION: Exhibit C Emergency medical services are provided by Eugene Springfield Fire 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 with i n Eugene School District 4J. 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. 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-2 Medium-Density Residential 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. 1708 Riv e r Road (A 25-1) Page 4