Loading...
HomeMy WebLinkAboutResolution No. 5467COUNCIL RESOLUTION NO. 5467 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-44, TAX LOT 05700, LOCATED AT 2488 DEVON AVENUE) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: December 8, 2025 • RESOLUTION NO. 5467 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-08-44, TAX LOT 05700, LOCATED AT 2488 DEVON A VENUE) The City Council of the City of Eugene finds that: A. An annexation application was submitted on August 8, 2025, by Jennie Reed, 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 05700, 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 November 7, 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 prope1ties 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 December 8, 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 05700, 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 8th day of December, 2025. City Rec rd Resolution -Page 2 of 2 ANNEXATION SITE PLAN VICINITY MAP: >-1---<3 ~ FOR JENNIE REED LOCATED IN THE: SE 1/4 OF THE SE 1/4 OF SECTION 8, T17S, R3W, W.M. LANE COUNTY, OREGON ASSESSOR'S MAP ANO TAX LOT: 17-03-08-4~ 05700 .;" ..:s Lu ~ ~ -.J ~ ~I ~ ~1 ~· I-WI --(.) ::E (.) 25' ::J25' ◊~ DALE ~ oo {'3'5· LDT 4 :'i "'Jbi Iv o-0 WEST i \,,.o -ii>- SUBDIVISION LOT 3 129.43' Lu l).. -~ !::::, ·lO UTILITY EASEMENT "-PER PLAT ~ / ~ -I ~c----T " ~ 't-0""~ ~ ~ ~c, !<, ~ ~ v~ ! KJ ~I 0~ AFFECTED in Oc,?.,. C1? / ,, "I' 0) ~--~ "'{f . ~~ TERRITORY TD 3:: o ~ 'v /· • ~~ BE ANNEXED .lt) LDT 1 N ◊ ~ a C'4 !v ol ~ o 0o ~ ~ , :\c, / TAX LOT 57oo ~ :'i ?~ DATE OF MAP: MAP SCALE: 1' = 40' REGISTERED PROFESSIONAL LAND SURVEYOR OREGON ~e.= HRISTOPHER JAY MOORHEAD 6138<1S • RENEWAL DAlE: DECEMBER 31, 2026 I 40TI ~ ~FT MAP IS SCALED F□R 11' X e.s· PAPER .~ ~ ~ .◊, THERE ARE NO EXISTING 'j. \,.0 AUG 10 2025 I., v, STRUCTURES ON THIS LOT ii>-c, ,-==:-:·=-=--=-=---------------:\~ LDT 5 ~ II SURVEY BY: / ◊ w .>. v~ Chris / ~~ ~80,~----------.&.--,p.---,l ~q, 1"'115 ':J6oO s 89" 43• w 76.68' <J Moorhead, . of< 1,; oi ,f><v PLS , ... ~\Of_. r,.,'f-. \,; :\C, .J.Al:!R. SURVEYING w; / ou I J \ o-0 38702 CAMP CREEK ROAD SPRINGFIELD, OR 97478 (541) 228-7193 www.moorhaadLS.com s_e_pamOhotmall.com m >< :::r -· C" -· ,. ► Exhibit B Legal description Lot 5, 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, State of Oregon. R[Gl'.iTFRrn PROF[SSI01'1/1L LA~✓D SURVEYOR ,Jonuory a, ?007 Cl lf?ISTOPI 1rn .J/IY lvlOORI 1[1\D REllCWAL DA TE: DECEMBER .} I, 2D26 Planning Director's Findings and Recommendation: Annexation Request for 2488 Devon Reed (City File: A 25-10) Application Submitted: August 8, 2025 Applicant: Jennie Reed Property Included in Annexation Request: Tax Lot 05700 of Assessor's Map 17-03-08-44 Zoning: AG Agricultural with /UL Urbanizable Land Overlay Location : 2488 Devon Avenue Exhibit C 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-------=~-~~=------< ~YES D City limits on its western boundary abutting Devon Avenue, consistent with subsection NO (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 t-------=~--'-r~=------< ~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 I/-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page I/-C-5). 2488 Devon Avenue (A 25-10) Page 1 EC 9.7825(3) 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 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 >------=--~-=c----1 ~YES 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: 2488 Devon Avenue (A 25-10) Page 2 Exhibit C Wastewater Public wastewater is available via a 24-inch line located within Devon Avenue right-of- way, which is adjacent to the site. The subject property is currently served by a septic system. Stormwater There is a 12-inch public stormwater line in Devon Avenue to the west of subject property. Soil maps indicate Type C soils on site. 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 Devon Avenue, which is a local street 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. 2488 Devon Avenue (A 25-10) Page 3 Exhibit C 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 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. 2488 Devon Avenu e (A 25-10) Page 4