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HomeMy WebLinkAboutItem 2C: Approval of Resolution 4963 Annexing Land ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Approval of Resolution 4963 Annexing Land to the City of Eugene (Koester/Haggard/Carroll (A 08-4) Meeting Date: January 26, 2009 Agenda Item Number: 2C Department: Planning and Development Staff Contact: Bill Almquist www.eugene-or.gov Contact Telephone Number: 541-682-5437 ISSUE STATEMENT This item is a request to annex land located on the north side of River Avenue, south of Beltline Highway. The request includes Tax Lot 3400 of Assessor’s Map 17-04-13-00 (687 River Avenue), as proposed by the applicant, as well as the adjacent section of Beaver Street right-of-way, as proposed by the City. The Planning Director recommends that the City Council approve this annexation request, pursuant to Eugene Code (EC) 9.7820(1)(d)(1). BACKGROUND In December 2007, the City Council adopted an ordinance establishing the procedures for annexation requests. EC 9.7820(1)(d) provides for the council to adopt a resolution approving, modifying and approving, or denying the application for annexation. Alternately, this code section also provides the option for the council to hold a public hearing before consideration of the annexation request. Approval of annexation applications 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. EC 9.7815 provides that the City may modify an annexation application to include contiguous road right-of-way any time prior to council action and with notice consistent with EC 9.7820. Staff is recommending inclusion of the adjacent Beaver Street right-of-way as part of this annexation request. Annexation of this right-of-way is consistent with EC 9.7815 in that it will not create any islands of unincorporated property, and it was included in the notice consistent with EC 9.7820. City of Eugene Public Works staff indicates that annexation of this section of Beaver Street is appropriate and a logical connection of the existing transportation system serving this area (see Attachment C). Lane County Public Works Transportation has reviewed the proposal and also concurs with the annexation of the Beaver Street section. Public notice was provided in accordance with EC 9.7820(1)(c), and no written testimony has been received. As discussed in the attached findings, the applicant’s request is a fairly typical annexation request for a property that is within the urban growth boundary, is contiguous to city limits and can be provided with the minimum level of key urban services, consistent with the approval criteria. Given the Z:\CMO\2009 Council Agendas\M090126\S0901262C.doc findings of compliance, lack of testimony received, and non-controversial nature of the request, a public hearing is not recommended in this instance. Approval of an annexation request requires the City to adopt a resolution. To comply with the Charter requirements for resolutions, a draft resolution approving the requested annexation has been prepared and is attached for reference (Attachment A). The Planning Director’s findings, which provide analysis of the proposal’s compliance with applicable approval criteria, are attached to the draft resolution as Exhibit D. In considering the draft resolution, the City Council will consider the supporting findings and can either accept them as proposed, or amend them as necessary. Additional background information regarding this request, including relevant application materials, is included for reference as Attachment B. A full copy of all materials in the record is available at the Permit and Information Center. RELATED CITY POLICIES The Metro Plan and the River Road-Santa Clara Urban Facilities Plan contain the policies that are related to this annexation request. The Metro Plan and the River Road-Santa Clara Urban Facilities Plan policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit D of Attachment A). COUNCIL OPTIONS The council may consider the following options: 1.Adopt the draft resolution. 2.Adopt the draft resolution with specific modifications as determined by the City Council. 3.Deny the draft resolution. 4.Defer action until after the council holds a public hearing on the proposed annexation. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the draft resolution by finding that the request complies with all applicable approval criteria, and that the annexation is approved. SUGGESTED MOTION Move to adopt the Resolution 4963 included as Attachment A, which approves the proposed annexation request consistent with the applicable approval criteria at EC 9.7825. ATTACHMENTS A.Draft Annexation Resolution with Exhibits A through D Exhibit A: Map of Annexation Request Exhibit B: Legal Description of Applicant’s Property Exhibit C: Legal Description of Beaver Street Section Exhibit D: Planning Director Recommendation and Findings, dated January 2009 B.Applicant’s Annexation Request Materials C.Referral comments from Public Works Engineering regarding Beaver Street, dated December 12, 2008 Z:\CMO\2009 Council Agendas\M090126\S0901262C.doc FOR MORE INFORMATION Staff Contact: Bill Almquist, Assistant Planner Telephone: (541) 682-5437 Staff E-Mail: bill.j.almquist@ci.eugene.or.us Z:\CMO\2009 Council Agendas\M090126\S0901262C.doc