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HomeMy WebLinkAboutResolution No. 5484-~ iii COUNCIL RESOLUTION NO. 5484 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-24-23, TAX LOT 04400, LOCATED at 181 AND 187 MARION LANE) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: April 13, 2026 • RESOLUTION NO. 5484 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-24-23, TAX LOT 04400, LOCATED at 181 AND 187 MARION LANE) The City Council of the City of Eugene finds that: A. An annexation application was submitted on December 31, 2025, by Susan Louise Downs Living Trust, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-24-23, Tax Lot 04400, 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 March 13, 2026, 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, the Planning Director's preliminary recommendation, and the date and time the Council 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 April 13, 2026. 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 17-04-24-23, Tax Lot 04400, 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 13 th day of April, 2026. Resolution -Page 2 of 2 Land Annexation for Su san Louise Down s NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 SOUTH , RANGE 4 WEST , W .M. EUGENE, LANE COUNTY, OREGON LOT 20 LOT19 LOT 13 LOT18 UJ LOT 21 z TL 2100 <( ....J LOT 14 LOT17 0::: UJ LEXANDER'S > 0 0 UBDIVISION :r: LOT15 LOT 16 LOT 22 MARION LANE LOT4 LOT 3 LOT 2 LOT 1 LOT 1 LOT2 LEGEND MAXWELL ADDITION ~ LAND TO BE ANNEXED --CITY LIMITS NOTES EXISTING ANNEXED PROPERTY EXISTING BUILDING 1. CITY LIMIT BOUNDARIES SHOWN PER CITY of EUGENE ON-LINE INTERACTIVE MAP (EUGMAPS-APP) DECEMBER 2025. 2 . SITE HAS ONE SINGLE UNIT DWELLING and ONE ACCESSORY DWELLING UNIT. 3. EASEMENTS OR OTHER RECORDED RESTRICTIONS ARE SHOWN , IF EXISTING, KINDLER ADDITION BLOCK 2 TL 7600 TL 730 1 ON THE SITE . ANNEXATION SITE PLAN MAP: 17 04 24 23 Tax Lot 4400 Marion Lane Annexation i81 and 187 Ma rion La ne, Eugene, OR 97404 Exhibit A OT4 OLER LOTS TL 7400 TL 7300 TL 7200 TL 7100 VICINITY MAP W .ltilli;irdl:lno MmionLano F.lk;ay Drivo Sun n side Drivo NTS SUBJECT PROPERTY Dato : Docombor 31, 2025 Sca le: 1" = 100' -0" 0 50 100 200 Exhibit B Legal Description of Affected Territory to be Annexed (Tax Lot #4400) Lot 1, Block 1, KINDLER ADDITION, as platted and recorded in Book 15, Page 16, Lane County Oregon Plat Records, in Lane County, Oregon. Lot 2, Block 1, KINDLER ADDITION, as platted and recorded in Book 15, Page 16, Lane County Oregon Plat Records, in Lane County, Oregon. Lot 3, Block 1, KINDLER ADDITION, as platted and recorded in Book 15, Page 16, Lane County Oregon Plat Records, in Lane County, Oregon. • Planning Director's Findings and Recommendation: Annexation Request for 181 and 187 Marion Lane (City File: A 25-15) Application Submitted: December 31, 2025 Applicant: Susan Louise Downs Living Trust Property Included in Annexation Request: Assessor's Map 17-04-24-23 Tax Lot 04400 Zoning: R-1 Low Density Residential Zone and /UL Urbanizable Land Overlay Location: 181 and 187 Marion Lane Lead City Staff: Amber Bell, Senior Planner, City of Eugene Planning Division, 541-682-5697 EVALUATION: Exhibit C 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) Complies ~ □ YES NO 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. Findings: The subject property is located within the Urban Growth Boundary (UGB). Further, it abuts two areas within City limits: the Marion Lane public right-of-way to the south and the River Road/El Camino del Rio Elementary School property to the north. The application complies with (1)(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 ~ 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 I/-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page I/-C-5). 181 and 187 Marion Lane (A 25-15) 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. The subject property's existing R-1 Low-Density Residential zoning is consistent with these plan designations. 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 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. 181 and 187 Marion Lane (A 25-15) Page 2 Exhibit C 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 ~ □ YES NO 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 provided in an orderly, efficient, and timely manner as detailed below: Wastewater There is an existing 8-inch diameter public wastewater line in Marion Lane to the south of subject property. Stormwater There is a 30-inch diameter public stormwater line approximately 1,275 feet to the east within River Road right-of-way. Soil maps indicate Type C soils. In the event of future development, applicant may be required to address all applicable stormwater management standards, including flood control, water quality, oil control, easements, and operation and maintenance. Any designs will be reviewed at time of building permit. Transportation The southern boundary of the subject property fronts Marion Lane, a local city street. Solid Waste Collection service is provided by private commercial haulers. Short Mountain Landfill is operated by Lane County and, per the Lane County Solid Waste Management Plan (2019), receives solid waste generated within the City. Water and Electric Eugene Water and Electric Board (EWEB) Water staff confirm no objections to the annexation of the site. 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. 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. 181 and 187 Marion Lane (A 25-15) Page 3 Exhibit C 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 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 annexation does not relieve the applicant from complying with applicable codes and statutory requirements. 181 and 187 Marion Lane (A 25-15) Page 4