HomeMy WebLinkAboutResolution No. 5068RESOLUTION NO. 5068
A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE
(AUDEL AVENUE AND PROPERTY IDENTIFIED AS ASSESSOR'S MAP
17- 04 -23 -20 TAX LOT 122).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by Robert Getty and Jacqueline Getty
on May 31, 2012, in accordance with the provisions of Section 9.7810(2) of the Eugene Code,
1971, ( "EC ") for annexation to the City of Eugene of the property identified as Assessor's Map
17- 04- 23 -20, Tax Lot 122.
B. The territory proposed to be annexed is depicted on the map attached as Exhibit A
to this Resolution. The legal description of the property described is attached to this Resolution
as Exhibit B.
C. The City's Planning Director has submitted a written recommendation that the
application be approved based on the criteria of EC 9.7825. The Planning Director's
Recommendation is attached as Exhibit C.
D. On June 22, 2012 a notice containing the street and assessor's map and tax lot
number, a description of the land proposed to be annexed, and the Planning Director's
preliminary recommendation was mailed to the applicants, owners and occupants of property
within 500 feet of the subject property, and the River Road Community Organization. The
notice advised that the City Council would consider the Planning Director's full recommendation
on the proposed annexation on July 23, 2012.
E. ORS 222.111(3) authorizes the City Council to agree to apply a specified
percentage reduction to the City's property tax rates for up to ten years in order to lessen the
impact of annexation. The Council agrees that the City property tax rates (including the
permanent tax rate, any local option levy and any bond levy) should be reduced such that the
Gettys are paying 69% of the City property tax rates for the property described in paragraphs A
and B. That reduction should continue for ten years unless the property is transferred to
someone else.
F. After considering the Planning Director's recommendation, the City Council finds
that the application should be approved.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Resolution - Page 1 of 2
Section 1 . Based on the above findings and the Planning Director's Recommendation
and Findings attached as Exhibit C which are adopted in support of this Resolution, it is ordered
that the land identified as Assessor's Map 17- 04- 23 -20, Tax Lot 122 on the maps attached as
Exhibit A, and described in the attached Exhibit B, is annexed to the City of Eugene.
Section 2 . This Resolution is effective immediately upon its passage by the City
Council. The annexation and automatic rezoning of the land from R -1 /UL to R -1 pursuant to EC
9.7820(3) shall be effective upon the date a copy of this Resolution is filed with the Secretary of
the State of Oregon.
Section 3 . Pursuant to ORS 222.111(3), the rate of taxation for the property shall be at
69% of the City property tax rates that otherwise would apply to the property. This reduction
shall continue for ten years unless the Gettys transfer the property to someone else. If the Gettys
partition the property and transfer one of the lots, then the reduction shall continue on the lot still
owned by the Gettys, but not on the other lot.
The foregoing Resolution adopted the 23 day of July, 2012.
— "- JoAtat
City Re rder
Resolution - Page 2 of 2
zz M.
R _ _
G 4CKE'
Area Proposed for Annexation
Wrthin Eugene City Limits
�A
Exhibit B
Legal Description
Getty Annexation
Lot 8, Block 1, First Addition Audel Estates, as recorded on Book 61, Page 5, Lane County Deeds
and Records, Lane County, Oregon
,.
!I I S 1
Getty (A 12-2)
M
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.
'I
Getty (A 12-2) My 2012 Page 1
Exhibit C
Page 2 of 4
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans.
Findings: The proposed annexation area is within the UGB. Several policies from the
NO Metro Plan generally support this annexation by encouraging compact urban growth to
achieve efficient use of land and urban service provisions within the UGB, including the
following:
.. f l processes conrin
hi ghest priority ,ff
.,IXIPA M1 I WIS
urban. (page
The Metro Plan designates the annexation area as appropriate for residential use. The
River Road Santa Clara Urban Facilities Plan (RR /SC UFP) is the adopted refinement plan
for the subject properties and also designates the area for residential uses. If the
annexation is approved, per EC 9.7 820(3), the annexation area will remain zoned -,
and the /UL overlay will be automatically removed from the annexation area.
With regard to applicable policies of the RRISC UFP the subject property is not within an
identified subarea; of the general "Residential Land Use Policies" at Section 2.2, none
appear to be directly applicable to the subject request. The "Public Facilities and Services
Element" policies of the RR SC UFP are directed at local government; however, the
premise of these policies for the provision of urban services is the assumption that the
roperties within the UGB will be annexed.
Getty (fie 12 - 2) July 2012 Page 2
As previously discussed in this subsection, and further detailed under subsection (3)
below, the proposed annexation is consistent with Metro Plan growth management
policies and can be served by the minimum level of key urban services. The annexation
procedures beginning at EC 9.7800 are consistent with State law and therefore, as found
throughout this report, the annexation is consistent with State law.
EC 9.7825(3) The proposed annexation will result in a boundary in which the minimum level of key
urban facilities and services, as defined in the Metro Plan, can be provf&d in an orderly,
efficient, and timely manner.
Complies Findings: The proposed annexation will result in a boundary in which the minimum level
(ES ❑ NO of key urban facilities and services can be provided in an orderly, efficient, and timely
manner as detailed below:
Wastewater
Referral comments from Public Works staff confirm that there is an existing eight-inch
public wastewater line located within Audel Avenue cul-de-sac, adjacent to this site.
Stormwater
Referral comments from Lane County confirm that stormwater runoff from the subject
property cannot be directed to the adjacent street. On-site infiltration may be an option,
provided the infiltration facility is sized to store and infiltrate the Flood Control Design
Storm and on-site tests demonstrate the viability of infiltration. Stormwater
management will be more precisely determined at the time of development.
Streets
The adjacent street is a cul-de-sac off Audel Avenue, which is under Lane County
jurisdiction. Referral comments from Lane County indicate no issues with the subject
property accessing the abutting street, which is paved.
Solid Waste
Collection service is provided bm� private firms. Re • ional disposal sites and the Shoot.
Mountain Landfill are operated by Lane County.
Water
Eugene Water and Electric Board (EWEB) staff notes that the subject properties are
served by the River Road Water District (RRWD). There is an existing 4-inch cast iron
water main in Audel Avenue. Future development of the site will need to comply with
Fire Marshal requirements concerning fire protection for building permits.
Getty (A 12-2) July 2012 Page 3
Exhibit C
Page 4 of 4
Electric
EWEB staff confirms that the subject property can be served with underground electric
utilities from an existing secondary box located at the southwest property corner.
Public Safety
Police protection can be extended to this site upon annexation consistent with service
provision through the City. Fire protection services and ambulance services are currently
provided to the subject property by the City of Eugene. Emergency medical services are
currently provided on a regional basis by the cities of Eugene and Springfield to central
Lane County and will continue in the same manner upon annexation.
Parks and Recreation
A minimum level of park service can be provided to the proposal area as prescribed in
the Metro Plan The property is currently located in River Road Park and Recreation
District. Once withdrawn from the district, parks staff confirm that park service will
continue to be provided by the City with the property becoming part of the River Road —
Santa Clara parks planning district.
Planning and Development Services
Planning and building permit services are provided for all properties located within the
urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide
the required land use controls for future development of the subject property upon
annexation.
Communications
Qwest communications and a variety of other telecommunications providers offer
communications services throughout the Eugene /Springfield area.
Public Schools
The subject property is within the Eugene 4J School district and is served by Howard
Elementary School, Kelly Middle School and North Eugene High School.
CONCLUSION:
Based on the above findings, the proposed annexation is found to be consistent with the applicable approval
criteria. The Planning Director recommends that City Council approve this annexation proposal. The effective
date is set in accordance with State law.
INFORMATION:
♦ Approval of this annexation does not relieve the applicant from complying with applicable codes and
statutory requirements.
♦ Future development of the property will require a feasible stormwater proposal and demonstration
that all applicable stormwater management standards have been met.
Getty (A 12 -2) July 2012 Page 4
Exhibit C -2
OREGON UV6VS 2012 Chap- 16
C1iAP'TER •16
AN ACT i B 81'A9
Relating to annexation of noncontiguous territory:
creating new provisions; amending OHS 222.115*
and declaring an emergency.
Be It Enacted by the People of the State of Or-
egon:
SECTION -L OHS 22L 115 is amended to read:
=115. (1) A contract between a city and a
landowner !aerating to extraterritartal provision of
serviim area curasent to eventual annewtion of property
of the tandowner shall) containing the landowner's
consent to eventual annexation of the
landowners property in return for
extraterritorial services:
(a) Must be recorded; ardL)
(b) When recorded. [shalt 6e binding on all suc-
cess"s evith an] is binding on successo in inter -
est in that property.
(2) Notwithstanding any provision of ORS
195MG to 195M% 222.111 to 2M18% 222.750 or
222AW to 22.91b or any conflicting city charter
or ordinanm the governing body of the city
may extend the boundaries of the city by the
annexation of noncontiguous territory ie.
(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 pursuant to subsection (1) of this section
or another consent to annexation;
(b) The city to which the territory will be
aniwxed was under the jurisdiction . of a bound -
ary commission formed under ORS 199.410 to
19DJU as of January 1, x1107,
(c) Any portion of the territory to be an-
nexed is within 20D feet of the existing boundary
of the city to which the territory will be an-
nexed; and
(d) The owner of the territory to be annexed
first acquired an interest in the property prior
to January 1, 1873.
SECTION 2. OHS 222.115, as amended by :.ec-
tion 1 of this 2012 Act, is amended to head:
222.11:1. VIA A contract between a city and a
Landowner containing the landowners consent to
eventual annexation of the landowner's property in
return for extraterritorial services:
lrM (1) :4iust be recorded, and
I fb }) (2) Mien recorded, is binding on successors
in interest in that property.
[(2) Natreithstanding any provision of ORS
156.M to 195.= =&III to 221180. 2217,50 or
222.M to 222915 or any wnJlicting city charter or
ordinance, fhe gmerning body of the city may extend
the boundariev of the city by the annexation of etun-
c+anfiguous territary if.')
l(a) The owner of the noncontiguous territory to
be annex d has signed a contract mwaining the
landowner's consent to eventual annexation in ex-
change tsar provision of an extraterritorial service
pursuant to subsection U) of this erection or another
convent to annexation:)
1(8) Me city to which the territory will be un-
nezed was under the juria dirtio►a of ca boundary eam-
nzission fiormed under ORS 199.410 to .199.53i as of
Ja nuar
[(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; artrll
I(d) The owtier ut the territory to be annexed f irat
mquired an interest in the prQperty prior to January
1, 1573
'rho amendments to OHS 222LI15
by section 2 o6 this 2012 Act become operative
an January 1, 2013.
SEJTIt)N A. 'this 2012 Act being necessary
for the immediate preservation of the puic
peace, health and safety, an emergency is de-
clared to exist, and this 2012 Act takes effect on
its passage.
Appme by :rte Gnvermr March 6, 201'2
Fikk «t Irt t1 •Ar r o S-vm1nry rA ' &I.4n•h Pt :4111
K ectiw ;date M.Zreh W, 2012
ExKibit C -3 --
8311
WARRANT DIED
FOR VALUE RECEIVED A. T. FRAEDRICK and ELOISE FRAEDRICK,
husband and wife,
herein referred to as grantors, hereby, grant, bargain, sell, and convey unto
ROBERT W. GETTY and JACQUELINE E. GETTY, husband and wife,
herein referred to as grantees, the following described real property, with tenements, hereditaments, and appurtenances, to wit:
Lot 8, Block 1, FIRST ADDITION TO AUDEL ESTATES, as platted
and recorded in Book 61, Page 5, Lane County Oregon Plat
Records, in Lane County, Oregon,
Except easements, restrictions, reservations and conditions of
record.
TO HAVE AND TO HOLD the said premises unto said Grantees, their heirs and assigns forever. And the said Grantors hereby
covenant that they are lawfully seized in fee simple of said premises; that they are free from all incumbrances,
and that they will warrant and defend the above granted premises against all lawful claims whatsoever, except as above stated.
The true and actual consideration for this transfer is S..3 a 501& ............. ...... ......................__.......
Dated ------------ - --- D?P. flf 1ber ... 1 ------------ 19__73----------
— - - — --- ----- --------- --- -- ----- _- ----- - - -- (Seal)
- W A�ri [I e�,a - - - - - (Seal)
— - - - - --------------- --------- ---- - - - - -_ _..._.. - (Seal) :Ia 8 t..a4GC��a ....... (Seat)
Eloise Frae ricrc
STATE OF QRggpN, County of Lane, ss. Personally appeared the above named
p ••rA0 '. and ELOISE FRAEDRICK, husband and wife,
and sekrjwQeagldRlef fpsegOing instrument to be ._e11M].X volunta t and deed. fo me:
n
DatrQ ..._�i..�. �i .__..3---..__..... A.D. 19 . •-- 7 -.._. .............. ......
•:
My Co-"On Expires •' Notary Public fAr Oregon
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