HomeMy WebLinkAboutResolution No. 5443COUNCIL RESOLUTION NO. 5443
RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (ASSESSOR'S MAP 17-04-11-12, TAX LOT 03902
AND A PORTION OF TAX LOT 03900 AND LOCATED ON
BLAZER A VENUE WEST OF RIVER ROAD)
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Zelenka
CONSIDERED: May 12, 2025
•
RESOLUTION NO. 5443
RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(ASSESSOR'S MAP 17-04-11-12, TAX LOT 03902 AND A PORTION OF
TAX LOT 03900 AND LOCATED ON BLAZER A VENUE WEST OF
RIVER ROAD)
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on February 4 , 2025, by Messiah
Lutheran Church, in accordance with the provisions of Section 9. 7810 of the Eugene Code, 1971,
("EC") to annex property identified as Assessor's Map 17-04-11-12 , Tax Lot 03902 and a portion
of Tax Lot 03900 , 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 Santa Clara
Community Organization. The notice advised that the City Council would consider the Planning
Director's full recomm endation 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 17-04-11-12, Tax Lot 03902 and a portion of
Tax Lot 03900 , 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 to R-1 Low-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
~o'?-10 'r' J>,r'p,01{:,'i.-ANNEXATION SITE PLAN FOR: MESSIAH LUTHERAN CHURCH NE 1 / 4 SECTION 11, T17S, R4W, W.M. MAP 17-04-11-12, TAX LOT 3902 & A PORTION OF TAX LOT 3900 <"' • .i:. .;:si P::1,t:, ,.., CD ..,: LO~ (I) < EUGENE, LANE COUNTY, OREGON <"' \ <"' LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 ~\__ LOT 6 POINT OF BEGINNING: S 89"53'00" E. 106.67' 8 LA z [ R AV [ N U [ in FROM NW CORNER PARCEL 1 . MINOR <-< -c=: .... .... (I) PARTmON M64-78--..,_ ,,--S a9·53•00· E. 267.32' --.... ~ b ~ '-NW CORNER i<) _, PARCEL 1, LO LANE COUNTY ,o MINOR CO PARTITION ...... M64-78 i,j N {g{ ( < ._·. ·. ·_·. ·_ OF APPROVED • •. ----•. • • ---~--• •• '. •• .··.·.·.PROPERTY LINE·.· .• • .• •• .• • •• •• Tl 3 o::b TL 3901 : o_, 0 0 PARCEL 1 0 ~ j,.... · . ADJUSTMENT • , • • • • • •• • • - • ·>••··•··.~ .. :<:'? \ •.•.• ·./· '-OF APPROVED z PROPERlY LINE g 0 ~ ADJUSTMENT LA 24-17 @ SCALE 1" I~~ 100 FT l NORTH 0 50 100 200 ~ SSWENGINEERS~ CIVIL• STRUCTURAL• BUILDING DESIGN SURVEYING• LAND USE PLANNING 2350 Oakmont Way, Suite 105 Eugene, Oregon 97401 (541) 485-8383 JOB NO. 24-8145 JANUARY 24, 2025 3280 RIVER RD. TL 7003 REGISTERED PROFESSIONAL LAND SURVEYOR "-LOT 2 ~/_)~ OREGON JULY 11, 2000 MICHAEL R. DAHRENS 60052 RENEWS: 12-31-2025 ~ PARCEL 3 OF LANE COUNTY MINOR PARTITION .,~,.~ TL 5803 DYSON LEGEND LOT 3 I TL 7000 SUBDJVJSJON CllY UMITS 9 -:I: m ~J>. >< ::::T -· C"' ..... HOLL YVJE.W )> ESTATES TL 5400 W ANCHOR AVf. ~ (··.· .·.· .·.· .·.· .·.· ··-1 LAND TO BE NORTH I -------------\ • -· • -· • -· • -· • -· • ANNEXED NOTES 1. CllY LIMITS BOUNDARIES SHOWN ARE PER CllY OF EUGENE ONLINE INTERACTIVE GIS MAP (EUGMAPS) AS OF SEPTEMBER 24, 2024. 2. THE LAND TO BE ANNEXED AS SHOWN HEREON IS CURRENTLY VACANT. 3. NO EASEMENTS OR OTHER RESTRICTIONS ARE KNOWN TO EXIST ON THE SITE. 3 ii t; "' "' w z I ~ ... u ~ FOXGLOVE AVf. u GR££NflElD AVE VICINITY MAP ~1-------\ u FERNDALE DR NOT TO SCALE
Exhibit B
Legal Description for the Annexation of a portion of the
Messiah Lutheran Church Property to the City of Eugene
NE 1/4 of SECTION 11, Tl7S, R4W, W.M.
Tax Lot 3902 & a Portion of Tax Lot 3900, Lane County Assessor's Map 17-04-11-12
A tract of land lying in the Northeast Oqe Quarter of Section 11, T ownship 17 South, Range 4
West of the Willamette Meridian, said tract being more particularly described as follows:
Beginning at a point which bears South 89°53 '00" East, 106.67 feet from the 5/8 inch iron rod
marking the Northwest corner of Parcel 1 of Minor Partition No. M64-78, recorded March 29,
1978 , Reception No. 7820700, Lane County Deed Records, said point being on the South margin
of Blazer A venue (25 .00 feet from the centerline thereof, when measured at right angles thereto);
thence along said South margin: South 89°53 '00" East, 267 .32 feet; thence leaving said South
··margin and running South 0°07'00" West, 165.53 feet; thence North 89°53'00" West, 267.32
feet ; thence North 0°07'00" East, I 65.53 feet to the Point of Beginning, in Lane County ,
Oregon.
-· -------· -
. R[G!S (t:.:-l ED I
PRO FESS!ON/\L I
LA"iD l·n 11 ' .. VO F':) • ,,. ::-:i ,I ,·. r:: ... -,~
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• ,u1.:r , i, ·;,t'·~o
MICHAEL. R. DA RE S
60052
Planning Director's Findings and Recommendation:
Annexation Request for Messiah Lutheran Church
{City File: A 25-4)
Application Submitted: February 4, 2025
Applicant: Messiah Lutheran Church
Exhibit C
Property Included in Annexation Request: Tax Lot 03902 and a portion of Tax Lot 03900 of Assessor's Map
17-04-11-12
Zoning: R-1 Low-Density Residential and /UL Urbanizable Land Overlay
Location: South side of Blazer Avenue, 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
Complies
~ □
YES N
0
(b) Separated from the city only by a public right of way or a stream, bay, lake or other
body of water.
Findings: The subject property is within the Urban Growth Boundary and is contiguous to City
limits on its southern border, consistent with subsection (a).
EC 9.7825(2} The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans.
Complies
~ LJ
YES N
0
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 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 11-C-4}
Policy 10. Annexation to a city through normal processes shall continue to be the highest
priority. (page 11-C-5}.
Messiah Lutheran Church (A 25-4) Page 1
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 11-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 an 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 located within a
subarea. 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 procedures beginning at EC
M ess iah Luth eran Church (A 25-4) Page 2
Exhibit C
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 w ith 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 crite r ion, 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,
YES N efficient, and timely manner as detailed below:
0
Wastewater
Public wastewater is available via an 8-inch line located within Blazer Avenue right-of-way,
which is adjacent to the site .
Stormwater
There is an existing 12-inch diameter stormwater line in River Road to the east. Soil maps
indicate Type C soils exist on the site. No mapped infiltration limiting factors ar e noted . Any
future developmen t will be subject to the City of Eugene stormwater standards during the
building permit process .
Transpo r tation
The subject property has frontage on Blazer Avenue, a local access road under Lane County
jurisdiction . This section of Blazer Avenue is paved and will provide access to the to the subject
property . Any future development of the site may r equire a facilities permit from Lane County
Transportation if Blazer Avenue is still under Lane County jurisd i ction, or compliance with the
City's applicable street standards for potential access to River Road.
Solid Waste
Collection service is provided by private firms. Regional disposal sites are operated by Lane
County.
Wate r 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 will be in accordance with
EWEB policie s and procedures.
Public Safety
Police protection can be extended to this site upon annexation consistent with service
provision through the City . Fire protection and emergency medical services will be provided by
Eugene Springfield Fire .
M ess iah Luth e ran Church (A 25 -4) Page 3
Exhibit C
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 demonstr ate 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 Eugene School District 4J . As access to schools is evaluated on a
di strict-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 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 anne xation does not relieve the applicant from complying with applicable
codes and statutory requirements.
M ess ia h Lu t hera n Chur ch (A 25-4) Page 4