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HomeMy WebLinkAboutResolution No. 5462COUNCIL RESOLUTION NO. 5462 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-44, TAX LOT 03200 AND LOCATED AT 2588 DALE A VENUE) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: October 27, 2025 • RESOLUTION NO. 5462 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-44, TAX LOT 03200 AND LOCATED AT 2588 DALE A VENUE) The City Council of the City of Eugene finds that: A. An annexation application was submitted on August 1, 2025, by Top Shelf Investments, LLC, in accordance with the provisions of Section 9. 7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-03-08-44, Tax Lot 03200, 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 Community Organization. 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 17-03-08-44, Tax Lot 03200, 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 AG Agricultural with /UL Urbanizable Land Overlay to AG Agricultural shall become effective in accordance with State law. The foregoing Resolution adopted the 27th day of October, 2025. Resolution -Page 2 of 2 Exhibit A UGB NOTES: ANNEXATION SITE PLAN FOR TOP SHELF INVESTMENTS, LLC 2588 DALE A VENUE SEl/4, SEC 8, Tl 7S, R3W EUGENE, LANE COUNTY, OREGON PREPARED: JULY 29, 2025 REVISED: SEPTEMBER JO, 2025 0 40 / "' REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON JANUARY 14, 2003 RYAN M. ERICKSON ' 55524 ~ RENEWS: 12/31 /25 .J..-----t----"'1 LOT DIMENSIONS ARE PER DALE SUBDIVISION, BOOK 41, PAGE 19, LANE VICINITY MAP: NOT TO SCALE COUNTY OREGON PLAT RECORDS. PARCEL DATA PER DALE SUBDIVISION, AND LANE COUNTY GIS TAX LOT SI-IAPEFILE. TI-IIS MAP DOES NOT REPRESENT A BOUNDARY SURVEY OF THE PROPERTY. NON PLOTTABLE EASEMENTS/RESTRICTIONS: PER DALE SUBDIVISION: "NO BUILDING OR STRUCTURE SHALL BE PLACED OR LOCATED ON OR IN PUBLIC UTILITY EASEMENTS SHOWN ON THIS PLAT", BOOK 319 PAGE 480, LANE COUNTY OREGON DEED RECORDS. EASEMENT FOR IUGHT-OF-WAY TO MOUNTAIN STATES POWER COMPANY. • BLANKET IN NATURE ''i' EGR & Associates, Inc. Engineers and Surveyors 25358 Prairie Road Eugene, Oregon 97402 (541) 688-8322 Fax (541) 688-8087 Exhibit B LEGAL DESCRIPTION 2588 Dale Ave. Eugene, OR 97408 Lot 2, Block 1, Dale Subdivision, as platted and recorded in Book 41, Page 19, Lane County Oregon Plat Records, in the City of Eugene, County of Lane, and State of Oregon. Certification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the description of the real property proposed for annexation closes; and the map outlining the boundary is a true representation of the description. Signature: Print Name: Date: Seal: Registered Land Surveyor Ryan Erickson August I, 2025 REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON JANUARY 14, 2003 RYAN M. ERICKSON 55524 EXPIRES: 12/31/2025 • Planning Director's Findings and Recommendation: Annexation Request for 2588 Dale Avenue (City File: A 25-9) Application Submitted: August 1, 2025 Applicant: Top Shelf Investments, LLC Property Included in Annexation Request: Tax Lot 03200 of Assessor's Map 17-03-08-44 Zoning: AG Agricultural with /UL Urbanizable Land Overlay Location: 2588 Dale Avenue Exhibit C Lead City Staff: Gareth Warr, 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 contiguous to city ~ D limits on its northern and eastern boundaries, consistent with subsection (a). YES N 0 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 ~ D encouraging compact urban growth to achieve efficient use of land and urban service YES N provisions within the UGB, including the following policies from the Growth Management O 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). 2588 Dale Avenue (A 25-9) 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 /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 Willakenzie Area Plan (WAP) is the adopted refinement plan for the subject property. The WAP also designates the property for low density residential use. The property is currently zoned AG Agricultural with a /UL Urbanizable Land overlay. The /UL overlay will be automatically removed from the property upon approval of the annexation. Regarding applicable WAP policies, the subject property is located within the Unincorporated subarea. The WAP designates this property as low-density residential within the subarea. None of the listed policies for this subarea appear to be directly applicable to the subject property, nor to the annexation. The proposed annexation does not conflict with any of the Land Use Policies or Residential 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 UG B 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. 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 !ZI D 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 a 24-inch diameter public wastewater line within the Dale Avenue right-of-way north-adjacent to the site, as well as a 12-inch diameter public wastewater 2588 Dale Avenue (A 25-9) Page 2 Exhibit C line within the County Farm Road right-of-way east-adjacent to the site. City records indicate the existing structure on the lot is connected to the public wastewater system. Stormwater There is an existing 10-inch diameter stormwater line in Dale Avenue that leads to a 24-inch culvert in County Farm Road . Soil maps indicate Type C soils exist on the site. No mapped infiltration limiting factors are noted . Any future development will be subject to the City of Eugene stormwater standards during the building permit process . Transportation The subject property has frontage on Dale Avenue, a Local Road that is maintained by the City of Eugene. The subject property also has frontage on County Farm Road ; this section of County Farm Road is a major collector that is maintained by the City of Eugene . Compliance with applicable street standards will be evaluated at the time of any future development on the site . 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 that there are no objections to the annexation of the site because water and electric services are available 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 and emergency medical service s will be provided by Eugene Springfield Fire . 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 that 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. 2588 Dale Ave nu e (A 25-9 ) Page 3 Exhibit C 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 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. 2588 Dale Avenue (A 25-9) Page 4