Lebanon planning commission recommends annexation of 31666 SW Fifth amid neighborsdrainage questions

The Lebanon Planning Commission voted unanimously to recommend that the City Council approve annexation of a parcel at 31666 Southwest Fifth Street, after a staff presentation and public testimony from nearby residents who raised flooding concerns.

The annexation matter matters because annexation would move the property from county jurisdiction into Lebanon city jurisdiction, assign it the city's Residential Mixed Density zoning and enable the property owner to connect to city utilities; any future development would require separate land-use applications and public notice.

City planning staff told the commission the property is inside the urban growth boundary, is contiguous to existing city limits, and carries a comprehensive-plan designation of Residential Mixed Density. The staff report said sewer and other utilities run in Southwest Fifth Street, and that because the applicant accepts the city's Residential Mixed Density zoning no comprehensive-plan or zoning map amendment is needed. Staff also noted a local fire district would continue to apply where relevant.

A neighbor, Jennifer Cable, identified herself and her husband, Joe Cable, as owners of the property immediately to the south and told commissioners the annexation parcel does not currently have city water or sewer and is served by a private well and septic. "We are the property to the south right on the proper land. I can answer your question about utilities. They have none. So we're all in well and and septic. The only thing we have is power," Cable said.

Cable urged caution about surface drainage and ravines behind her property. She told the commission runoff flows from parcels to the south through the annexation site into ravines on her land and worried grading or filling could increase flooding on adjacent properties. "If somebody a developer was to come in and say, fill that ravine in or build up the property ... now you have an issue on our property and all the other properties along the street," she said.

Planning staff answered that the current hearing concerned annexation only and did not authorize development. The staff presentation said annexation is often sought to allow future connection to city utilities but that any subdivision, site-development, or building proposal would require separate public notice and subsequent land-use review. As staff put it during the meeting: "Even if they do have services currently, that would have been one of those things that would have gone in front of the city council to allow them to connect as, like, an emergency and then require an annexation after the fact. So even if they are connected, the annexation is the remedy to connections." (staff comment)

Commissioners asked staff to confirm whether any special districts applied; staff said the property is subject to the local fire district and that standard ORS (Oregon Revised Statutes) annexation procedures would resolve any county-vs.-city district issues as part of the annexation process.

After discussion, a commissioner moved that the Planning Commission recommend approval of annexation A-25-02 to the City Council "based on the written findings in the staff report and direct staff to draft an order of recommendation incorporating the findings and conditions of approval." A second followed and the motion carried unanimously.

The commission record shows no applicant representative attended the hearing. Staff said that if an owner or developer later proposes development, the city will mail public notice and provide opportunity for neighbors to comment on mitigation measures such as stormwater management at that future review stage.

The commission's recommendation will be forwarded to the Lebanon City Council for a decision; the annexation record and staff findings will accompany the council packet.