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HomeMy WebLinkAboutResolution No. 5461COUNCIL RESOLUTION NO. 5461 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-42, TAX LOT 00300, LOCATED AT 3241 DOWNING STREET) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: October 27, 2025 • RESOLUTION NO. 5461 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-42, TAX LOT 00300, LOCATED AT 3241 DOWNING STREET) The City Council of the City of Eugene finds that: A. An annexation application was submitted on May 8, 2025, by Cassandra Beers and Richard F. Beers, II in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-03-08-42, Tax Lot 00300, 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 September 26, 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 Northeast Neighbors. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on October 27, 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 17-03-08-42, Tax Lot 00300, 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 AG Agricultural with /UL Urbanizable Land Overlay to AG Agricultural shall become effective in accordance with State law. The foregoing Resolution adopted the 27th clay of October, 2025. ANNEXATION SITE PLAN FOR: RICHARD & CASSANDRA BEERS SE 1/4 SECTION 8, T17S, R3W, W.M. MAP 17-03-08-42, TAX LOT 300 EUGENE, LANE COUNlY, OREGON COURSE 1 EAST, 100.00' I.fl Q / •• +;?tl , \ \\ ~~ r1"\ i~-,... 10.9~~ ~ e,0'0~ BUILDING & LOT DETAIL SCALE 1 " = 50' • SSW ENGINEERS., CIVIL• STRUCTURAL• BUILDING DESIGN SURVEYING• LAND USE PLANNING 2350 Oakmont Way, Suite 105 Eugene, Oregon 97401 (541) 485-8383 JOB NO. 25-8231 OCTOBER 17, 2025 T +-;--··.·· T .•.. N I{) .,f '<I" MAP 17-03-08-41 TL 300 0 50' POINT OF BEGINNING NW CORNER LOT 24, BLOCK 4, SECOND ADDITION TO DALE SUBDIVISION 100' 200' SCALE: 1" = 100'-0" SITE: 300' [i:/J@[Rli]'IX] m X ~ rr ,...... LEGEND 3241 DOWNING STREET, EUGENE REGISTERED PROFESSIONAL LAND SURVEYOR ~ZJ~~ OREGON JULY 11, 2000 MICHAEL R. DAHRENS 60052 RENEWS: 12-31-2025 t ;_._. -·.--·.--·.--·.--1 LAND TO BE .-_. -·.-.-_. ,·_ •. •.• -·. A.NNEXED NOTES 1. CITY LIMITS BOUNDARIES SHOWN ARE PER CITY OF EUGENE ONLINE INTERACTIVE GIS MAP (EUGMAPS) AS OF OCTOBER 13, 2025. SITE WEST :,; ~ AVf. ~ DOWNING NORKENZIE HWY 569 VICINITY MAP 1-! "' ~ \-"1 9 \ T u, ~ ~ NORTH s<l~ ,,,<" NOT TO SCALE Exhibit B Legal Description Lot 24, Block 4, SECOND ADDITION TO DALE SUBDIVISION, as platted and recorded in Book 52, Page 18, Lane County Oregon Plat Records, in Lane County, Oregon. • Planning Director's Findings and Recommendation: Annexation Request for 3241 Downing Street (City File: A 25-07) Application Submitted: May 8, 2025 Applicant: Cassandra Beers and Richard F. Beers, II Property Included in Annexation Request: Tax Lot 00300 of Assessor's Map 17-03-08-42 Zoning: AG Agricultural with /UL Urbanizable Land Overlay Location: 3241 Downing Street 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 1--=~---'T"""~~----, IX]YES D City limits on its western boundary adjacent to Downing Street, consistent with NO 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 Findings: Several policies from the Metro Plan provide support for this annexation by IX]YES D encouraging compact urban growth to achieve efficient use of land and urban service 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}. 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 II-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 property is zoned AG Agricultural with a /UL Urbanizable Land overlay. The current zoning of AG is intended to allow agricultural uses within the UGB until land is converted to urban use. Agricultural uses are considered interim uses until public facilities and services can be provided. In order for this property to further develop as residential property in the future, a zone change to R-1 Low Density Residential will be necessary. The /UL overlay will be automatically removed from the zoning following annexation approval. The Willakenzie Area Plan (WAP) is the adopted refinement plan for the subject property. The subject property is located within the WAP's Unincorporated Subarea. The WAP designates the area for Low-Density Residential use. With regard to applicable policies of the WAP, none of the listed policies for this subarea appear to be directly applicable to the subject property. The proposed annexation does not conflict with any of the Land Use Policies in the WAP. The "Public Facilities and Services Element" policies of the WAP are directed at local government; however, the premise of these policies (regarding the provision of urban services) is the assumption that the properties 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 Willakenzie Area Plan 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 1--:~--~~--, IZJYES D boundary in which the minimum level of key urban facilities and services can be NO provided in an orderly, efficient, and timely manner as detailed below: Wastewater Public wastewater is available via an 8-inch line located within Downing Street right-of- way, which is adjacent to the site. The subject property is served by a septic system. Storm water There is no public piped system adjacent to the site in Downing Street. There is a 36-inch diameter stormwater line to the northwest of subject property in Wester Street. Soil maps indicate Type C soils on site. The subject property does not appear to be mapped as an infiltration limited area. Any future development on the site will be subject to the City of Eugene stormwater standards during the building permit process. Transportation The subject property fronts both Downing Street and Wester Street, which are both local streets maintained by the City of Eugene. Compliance with applicable street standards will be evaluated at 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 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. 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 within 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. 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 zonings of AG Agricultural 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. • The legal description provided does not appear to be prepared by a registered land surveyor consistent with EC 9.7810(7). However, the area to be annexed is a platted lot of record; specifically, Lot 24 of Block 4 of the Second Addition to Dale Subdivision, as platted and recorded in Book 52, Page 18 at Lane County Deeds and Records.