HomeMy WebLinkAboutItem 2C: Approval of Resolution 4963 Annexing Land
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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
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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
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FOR MORE INFORMATION
Staff Contact: Bill Almquist, Assistant Planner
Telephone: (541) 682-5437
Staff E-Mail: bill.j.almquist@ci.eugene.or.us
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