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HomeMy WebLinkAboutResolution No. 5486COUNCIL RESOLUTION NO. 5486 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-02-33, TAX LOT 02600, LOCATED AT 776 IRVINGTON DRIVE) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: April 13, 2026 • RESOLUTION NO. 5486 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-02-33, TAX LOT 02600, LOCATED AT 776 IRVINGTON DRIVE) The City Council of the City of Eugene finds that: A. An annexation application was submitted on January 9, 2025 , by Patricia K. Hamilton Living Trust, in acco rdance with the provisions of Section 9.7810 of the E ugene Code , 1971, ("EC") to annex property identified as Assessor's Map 17-04-02-33 , Tax Lot 02600 , to the City of E ugene . 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, 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 Plannin g Director 's full recommendation on the proposed annexation on April 13 , 2026. E. After considering the Plannin g 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 l. 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 17-04-02-33, Tax Lot 02600 , which is more particularly described in the attached Exhibit B, is annexed to the City of E ugene. 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 Annexa ti on fo r Patricia K. Hamilton Exhibit A SO UTHWE ST 1/4 of SEC TI ON 2, TOWNSHIP 17 SOUTH , RANGE 4 W EST , W.M. EUGENE, LANE COUNTY , OREGON f-­ Ang le Co rn er in th e wes t lin e of Abraham Peek DL C 115 1 S 0 ° 04 ' 30" W 2.00 ' 1040.30' LOT6 LOJ 5 LOT 4 LOT 3 APPLEWOOD ACR LOT 2 f-- ::<'. W a:: w <( a:: f--f-­ (/) (/) POINT OF BEGINNING LOT7 TL 2501 TL 2503 TL 2500 w LOT7w a:: f-- (/) LOT8 :,,::a:: ~ (/) LOT 9 s FIRST A DITIO TO INDIAN TL 2604 SPRING Block 4 LOT 10 LEGEND VICINITY MAP LAND TO BE ANNE X ED~ - -C IT Y LIMIT S EX ISTI NG A NNEX ED PROPERTY EXISTING BUILDIN G t=J NOTES 1. C IT Y LIMIT BOUNDAR IE S SHOWN PER CI TY of NTSEUGENE ON -LINE INT ERACT IV E MAP (EUGMAPS -APP) DECEMBER 2025. SUBJECT PROPERT 2. SITE HAS ON E SIN G LE UNIT DWELLING . 3 . EASEMENTS OR OTHE R RECORDED RESTR ICTIONS AR E SHOWN , IF EX IST ING , ON THE SITE. Date : January 9, 2026 Sca le: 1" = 100' -O"ANNEXATION SITE PLAN Irvington Drive Annexation MAP: 17 04 02 33 Tax Lot 2600 77 6 Irvington Drive, Eugene , OR 97 404 0 50 100 200 Blackfoot A nue Tivo li Str eet Exhibit B Legal Description of Affected Territory to be Annexed (Tax Lot #2600) A unit of land being situated in the Southwest 1 /4 of Section 2, Township 17 South , Range 4 West of the Willamette Meridian , said unit of land being more particularly described as follows : Commencing at the Lane County Monument marking the angle corner in the West line of the Abraham Peek Donation Land Claim No. 51 , Township 17 South , Range 4 West of the Willamette Meridian ; thence , South 0 ° 04 ' 30 " West 2.00 feet along the West line of said Claim to a point on the centerline of County Road No . 540 (Irvington Drive); thence, South 89 ° 53 ' 38" East 1040.30 feet along said centerline to a point; thence, South 0 ° 04' 30 " West 30 .00 feet to a rebar set on the South right of way line of said Road and marking the POINT OF BEGINNING of this property to be annexed ; Thence South 0 ° 04 ' 30" West 137.10 feet to a rebar marking the Northwest corner of Lot 7 , Block 4 , FIRST ADDITION TO INDIAN SPRINGS as recorded in Book 50 of Plats , Page 12 , Lane County Oregon Plat Records ; Thence South 0 ° 04 ' 30 " West 167.98 feet along the West line of said Plat to a point marked by a rebar ; Thence North 89 ° 55' 30" West 164.13 feet to a point marked by a rebar ; Thence North 0° 04 ' 30 " East 305.17 feet to a rebar set on the Southerly right of way line of said County Road No. 540 ; Thence South 89 ° 53 ' 38 " East 164.13 feet to the point of beginning , all in Lane County, Oregon. Exhibit C • Planning Director's Findings and Recommendation: Annexation Request for Irvington Drive (City File: A 26-02) Application Submitted: January 9, 2026 Applicant: Patricia K. Hamilton Property Included in Annexation Request: Tax Lot 02600 of Assessor's Map 17-04-02-33 Zoning: R-1 Low-Density Residential and /UL Urbanizable Land Overlay Location: 776 Irvington Drive 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 cg] □ YES NO Findings: The subject property is within the Urban Growth Boundary and is contiguous to the City limits on its west and north boundaries, 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 Findings: Several policies from the Metro Plan provide support for this annexation by cg] 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 II-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page I/-C-5). Irvin gt o n Driv e (A 26-02) 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 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 the property that is the subject of 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 Irvington Drive (A 26-02) 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 with the applicable policies of the Metro Plan and RR/SC UFP refinement plan, and the 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 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, YES NO efficient, and timely manner as detailed below: Wastewater The property is currently connected to the public wastewater system within Irvington Drive right-of-way adjacent to the site . Stormwater There is an existing 30 -inch diameter public stormwater line in Irvington Drive. Soil maps indicate primarily Type B/C soils . No construction is proposed as part of this application and the site is already developed with a single-unit structure. Any future development will be subject to the City of Eugene Stormwater standards during the building permit process. Transportation Subject property fronts both Irvington Drive and Stark Street. Irvington Drive is a minor arterial city street maintained by Lane County Public Works. Stark Street is a local city street maintained by Lane County Public Works. 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) staff confirms 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. Irvin gton Driv e (A 26 -02) 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 . Ir v in gt on Dri ve (A 26-02) Page 4