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HomeMy WebLinkAboutResolution No. 5492COUNCIL RESOLUTION NO. 5492 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-09-31, TAX LOTS 800, 900, 1000, AND 1100, LOCATED AT 89830 N GAME FARM ROAD) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: July 13, 2026 • RESOLUTION NO. 5492 RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-03-09-31, TAX LOTS 800, 900, 1000, AND 1100, LOCATED AT 89830 N GAME FARM ROAD) The City Council of the City of Eugene finds that: A. An annexation application was submitted on April 17, 2026, by Justus Kersey and Pino Blanco, LLC, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-03-09-31, Tax Lots 800, 900, 1000, and 1100 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 June 12, 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 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 July 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 17-03-09-31, Tax Lots 800,900, 1000, and 1100, 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 , and from AG Agricultural with /UL Urbanizable Land Overlay to AG Agricultural, shall becom e effective in accordance with State law . The foregoing Resolution adopted the 13 th day of July, 2026 . Ci Resolution -Page 2 of 2 Map of Annexation -A 26-4 (89340 N Game Farm Rd) Land Annexation for Justus Ke~ey and V a.n Glass Exhibit A SOUTHWEST 1/4 of SECTION 9. TOWNSHIP 17 SOUTH. LEGEND I •••• ·.1 ... ' .. , . . .. ..... . . . . •' LAND TO BE ANNEXED --C ITY LIM ITS NOTES EXISTING ANNEXED PROPERTY EXIST ING BUILDING 1. C ITY LIMIT BOUNDARIES SHOWN PER C ITY of EUGENE ON-LINE INTERACTIVE f..'LA.P (EUGMAPS-APP) f..'LA.RCH 2026 .. 2. S ITE HAS MU LT IPLE BUILDI NGS • 1 SINGLE U N IT DWELLING EACH ON TL 000 AND 1000. VICINITY MAP SUBJECT PROPER ANNEXATION SITE PLAN ti .Game Farm Road and Coburg Road Annexation ,!~) U. Cent Fa.r., F.,:eo, t.nJ ;,m c:w.., ~-:.bl eu;ene ,OR0i l a! Sc.ale : 1. = 160' • 0" 0 80 100 O..tt: AP<ll 10. 2028 MAP : 17 03 09 31 Tax Lois 800 ,900 ,1000 and 1100 0f\ 320 \A) NTS RANGE 3 WEST. W .M. EUGE NE. LANE COUNTY. OREGON N iW01'1J E liJ. a' POINT OF BEGIN NIN G S 5 ·c ,l'!'iO" E Y.45' S 25 ·3 3•5 2• E 1 Ch =' 30.G?' In -:( 0 IX POI NT OF ' COMMENCEMENT e SCU TH 1/4 CC MER OF SECTI O J ') T l7$. ~JW Legal Desc r iption of Affected Property to be Anne xed -89830 N Game Farm Rd (A 26-04) Legal Description of Affected Territory to be Annexed (Tax Lots #800 , #900, #1000 & #1100) A unit of land being situated in the Southwest 1/4 of Section 9, Township 17 South, Range 3 West of the Willamette Meridian, said unit of land being more particularly described as follows : Commencing at the South 1/4 corner of Section 9 in Township 17 South, Range 3 West of the Willamette Mer idian ; Thence along the north-south centerline of said Section 9, North 00°01 '37 " East a distance of 1228.71 feet to the POINT OF BEGINNING of this land to be annexed ; Thence leaving the north -south centerline of said Section 9, North 89°58 '23 " West a distance of 196 .03 feet; Thence parallel with the north-south centerline of said Section 9, North 00°01 '37 " East a distance of 100.00 feet ; Thence North 89°58'23 " West a distance of 29.18 feet ; Thence parallel with the north-south centerline of said Section 9, North 00°01 '37" East a distance of 119 .57 feet to the southeast corner of CHURCHVIEW ESTATES, as recorded May 22, 2025, Reception No . 2025-015089 , Lane County Deeds and Records, In Lane County, Oregon ; Thence along the east boundary of CHURCHVIEW ESTATES, North 00°01 '37" East a distance of 366 .53 feet to the northeast corner thereof; Thence along the northerly boundary of CHURCHVIEW ESTATES , North 59°18'23" West a distance of 199 .55 feet to the northwest corner thereof, said northwest corner also lies on the easterly margin of Coburg Road ; Thence along the easterly margin of Coburg Road, parallel with and 41.81 feet (12.7 44 meters) southeasterly of the centerline, North 38°55'10 " East a distance of 379.79 feet to a point of a fillet; Thence along said fillet , North 84°07'13 " East a distance of 63 .68 feet to a to a point on the westerly margin of North Game Farm Road ; Thence along said westerly margin of North Game Farm Road as follows: parallel w it h and 39.37 feet (12 meters) southwesterly of the centerline, South 51 °04 '50" East a distance of 9.43 feet to a point, said point being perpendicular to and 39.37 feet (12 meters) southwesterly of centerline station L 0+96.20 P.C.; (continued on next page) Exhibit B Thence along the arc of a 151.61 foot radius curve to the right with a centra l angle of 51 °01 '56 " (the chord of which bears South 25°33 '52 " East a distance of 130 .62 feet) and a n arc length of 135.04 feet to a point , said po int being perpendicular to and 39.37 feet (12 meters) westerly of centerline st at ion L 2 +66 .31 P .T.; Thence Sou t h 00 °04 '44 " West a distance of 283.69 feet to a point, said point being perpendicular to and 40.00 feet westerly of centerline station L 5+50 ; Thence Sou t h 21 °45'11" West a distance of 53 .85 feet to a point, said point being perpendicular to and 60.00 feet westerly of centerline station L 6+00 ; Thence Sou t h 00°02 '54" East a distance of 40 .00 feet to a point , said point being perpendicular to and 60 .00 feet westerly of cen terline station L 6+40 ; Thence South 08°18 '01 " East a distance of 104.51 feet to a point, said point being perpendicular to and 45.00 feet westerly of centerline station L 7 +43.43 P.C .; Thence along the arc of a 617 .96 foot radius curve to the left with a central angle of 24°44 '00 '' (the chord of which bears South 12°24 '54 " East a distance of 264.69 feet) and an arc length of 266. 76 feet to a point , said point being perpendicular to and 45.00 feet westerly of centerline station L 9+90 .77 P.T.; Thence South 24°46'54 " East a distance of 143.99 feet to a point, said po int being perpendicular to and 45 .00 feet westerly of centerline station L 11 +34.76 ; Thence leaving said westerly margin of North Game Farm Ro ad , North 89 °58 '23 '' West a distance of 81 .15 feet to the point of beginning, all in Lane County, Oregon and conta ining 221 ,947 square feet (5 .095 acres) of land , more or less . Exhibit C Planning Director's Findings and Recommendation: Annexation Request for 89830 N Game Farm Road (City File: A 26-04) APPLICATION DETAILS Application Submitted: April 17, 2026 Applicants: Pino Blanco, LLC {Tl's 800, 900) and Justus Kersey {Tl's 1000, 1100) Property Included in Annexation Request: Assessor's Map 17-03-09-31, Tax Lots 800, 900, 1000, and 1100 Zoning: R-1 Low Density Residential and /UL Urbanizable Land Overlay; AG Agricultural and /UL Urbanizable Land Overlay Location: 89830 N Game Farm Road 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. The subject property proposed for annexation is located within the City's Urban Growth Boundary and is contiguous to city limits along the western boundary, consistent with subsections (a) and (b). Based on these findings, this criterion is satisfied. EC 9.7825(2): The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans Several policies from the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) provide support for this annexation by encouraging compact urban growth to achieve efficient use of land and urban service provisions within the UGB, including the following policies from the Growth Management section: 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. Page 1 of 4 Exhibit C 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 II-C-S). 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 Willakenzie Area Plan is the adopted refinement plan for the subject property and also designates the area for low density residential use. A portion of the subject property is currently zoned R-1 Low-Density Residential with a /UL Urbanizable Land overlay and the remainder 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 policies of the Willakenzie Area Plan (WAP), the subject property is within the Unincorporated Subarea. 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, or to 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 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 the Willakenzie Area Plan. Page 2 of 4 Exhibit C Based on these findings, this criterion is satisfied. 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. 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 8-inch public wastewater line located within the eastern terminus of the Churchview Drive right-of-way which is located adjacent to the site, and which can provide service for the property. Stormwater: There is an existing 18-inch diameter public stormwater line in the Coburg Road right-of-way and a waterway that bisects the development site. Stormwater facilities within North Game Farm Road are under the jurisdiction of Lane County. Soil maps indicate Type C soils on all of the tax lots. No construction is proposed as part of this application and two of the tax lots are already developed with single-unit structures. Any future development will be subject to the City of Eugene Stormwater standards during the building permit process. Transportation: Tax lots 800 and 900 have frontage on both Coburg Road to the west and North Game Farm Road to the east. Tax Lots 1000 and 1100 have frontage on North Game Farm Road to the east. The section of Coburg Road adjacent to tax lots 800 and 900 is a minor arterial road with a planned 80-feet right-of-way, maintained by the City of Eugene. This section of North Game Farm Road adjacent to the subject property is a minor arterial road with a planned 80- feet right-of-way, maintained by Lane County Public Works. A facilities permit with Lane County may be required for any future development in the North Game Farm Road right-of-way. Solid Waste: Collection service is provided by private firms. 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. Page 3 of 4 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. Based on these findings, this criterion is satisfied. 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 • Per EC 9.7820(3), upon approval of the annexation, the base zoning of R-1 Low Density Residential and 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. Page 4 of 4