Item 5: Resolution on Annexation of Getty Property

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Exhibit C Page 1 of 4 Planning Director’s Recommendations and Findings: Getty (A 12-2) Application Submitted: May 31, 2012 Applicant: Robert and Jacqueline Getty Map/Lot(s): 17-04-23-20 Lot 122 Zoning: R-1/UL Location: North side of Audel Avenue cul-de-sac, west of Lake Drive Representative: None Lead City Staff: Becky Taylor, Associate Planner, (541) 682-5437 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 Findings: The annexation area is within the City's urban growth boundary (UGB). With regard to the subject property's contiguity to City limits, the subject property is not YES NO contiguous to City limits; however, a recent amendment to ORS 222.115 (see Attachment 1 to this Exhibit, excerpt of Chapter 46, approved by the Governor on March 16, 2012) supersedes the above Eugene Code criteria. The subject application meets the requirements of this ORS amendment, as discussed below. Section 1 of ORS 222.155(2) states that "…the governing body of the city may extend the boundaries of the city by the annexation of noncontiguous territory if: (a) The owner of the noncontiguous territory to be annexed has signed a contract containing the landowner's consent to eventual annexation in exchange for provision of an extraterritorial service...; (b) The city to which the territory will be annexed was under the jurisdiction of a boundary commission formed under ORS 199.410 to 199.534 as of January 1, 2007; (c) Any portion of the territory to be annexed is within 200 feet of the existing boundary of the city to which the territory will be annexed; and (d) The owner of the territory to be annexed first acquired an interest in the property prior to January 1, 1973." Subsection (a) does not apply in this case because the request does not require any extraterritorial extension of urban services (which are already provided in the adjacent Getty (A 12-2) July 2012 Page 1