Item 5: Resolution on Annexation of Getty Property

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of Resolution 5068 Annexing Land to the City of Eugene (Getty - A 12-2) Meeting Date: July 23, 2012 Agenda Item Number: 5 Department: Planning and Development Staff Contact: Becky Taylor www.eugene-or.gov Contact Telephone Number: 541-682-5437 ISSUE STATEMENT This item is a request to annex vacant property that is approximately 0.37 acres in size. The subject property is Lot 8 in Block 1 of the First Addition to the Audel Estates Subdivision, which was platted in 1973, under Lane County’s jurisdiction. Adjacent lands to the north and south were also platted in that subdivision; those surrounding lots are currently developed with single-family residences. The applicant also owns and resides on a lot abutting the north boundary of the subject property. A map of the property proposed for annexation is included as Attachment A. This application does not include the annexation of any streets or adjacent lands. BACKGROUND In December 2007, the City Council adopted an ordinance establishing the procedures for annexation requests and amending Chapter 9 of the Eugene Code (EC) to include these procedures. These annexation procedures provide for the council to adopt a resolution approving, modifying and approving, or denying an application for annexation, or provide for the council to hold a public hearing before consideration of the annexation request. Approval of annexation requests are based on the criteria at EC 9.7825 which require that (1) the land proposed to be annexed is within the city’s Urban Growth Boundary (UGB) and is contiguous to the city limits or separated from city limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the minimal level of key urban facilities and services can be provided in an orderly, efficient, and timely manner. The applicant has been unable to annex the subject property under contiguity requirements of EC 9.7825(1) because adjacent lands and streets are not within City limits. Annexed properties in the immediate vicinity include: two parcels located approximately 100 feet to the east; three parcels located approximately 200 feet to the northwest; and over five acres of property located approximately 150 feet to the south. Vacant properties are required to annex to develop, which means the applicant is unable to develop their property without annexation. The applicant subsequently worked with members of the Lane County delegation to establish legislation that would enable annexation of the subject property. On March 12, 2012, the Governor approved an amendment to ORS 222.115, creating specific parameters for annexing non-contiguous properties. The S:\CMO\2012 Council Agendas\M120723\S1207235.doc