Oregon Theodore R. Kulongoski, Governor Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 97301-2540 (503)373-0050 Fax (503) 378-5518 www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT March 30, 2007 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Mara Ulloa, Plan Amendment Program Specialist SUBJECT: City of Hood River Plan Amendment DLCD File Number 003-07 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. Copies of the adopted plan amendment are available for review at DLCD offices in Salem, the applicable field office, and at the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: April 17, 2007 This amendment was submitted to DLCD for review prior to adoption with less than the required 45- day notice. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE DATE SPECIFIED ABOVE. Cc: Gloria Gardiner, DLCD Urban Planning Specialist Gary Fish, DLCD Regional Representative Jennifer Donnelly, City Of Hood River ya/ 12 DLCD Notice of Adoption THIS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 Jurisdiction: ^ L o c a l f l l e n u m b e r : 2 C O ] - 0 " 2 - 0 5 1 Date of A d o p t i o n : ^ ^ ^ ^ F T A O ' \ D a t e M a i l e d : V*N* -e*V 2 . 1 , 2JOCTJ Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Select oneDate: • Comprehensive Plan Text Amendment • Compreheratf^Plan Map Amendment • Land Use Regulation Amendment ^ Zoning Map Amendment • New Land Use Regulation • Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". ^ h ^ i d h O F z z z c ^ s ^ J Y o h d . C O ^ ^ ^ r [ o c ^ ^ O 0 H Does the Adoption differ from proposal? Please 3clcct one > X ^ - 5 Q In person I J electronic [_ mailed I DEPT OF MAR 2 8 2007 & LAND CONSERVATION AND DEVELOPMENT m For DLCD Use Only Plan Map Changed from: to: Zone Map Changed from: to: Location: Acres Involved: | * Specify Density: Previous: New: Applicable statewide planning goals: X 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Was an Exception Adopted? • Y E S ^ N O Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? Yes • No If no, do the statewide planning goals apply? • Yes • No If no, did Emergency Circumstances require immediate adoption? • Yes • No DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: H O D O C O S M S ^ ^ X n b s t s v ^ ^PVQ-B^ O f c n ^ „ \ ,Oe> TV^ Local C o n t a c t ^ ^ ^ v x ^ ^ g ^ J ^ Phone: Extension: A d d r e s s i ^ t ^ b t p C Fax Number Z i p : C \ l D b V E - m a i l W - o f - ^ ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610, OAR Chapter 660 - Division 18. 1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.Icd.state.or.us, To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us, 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa@state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27, 2006 ORDINANCE NO. 1930 (An ordinance proclaiming the annexation of certain contiguous territory located within the Urban Growth Boundary—Kitts/Mack and Tanner/Fogle Annexation.) WHEREAS, the owners of certain property contiguous to the City limits located in the Urban Growth Area have applied for connection to the City's water and sewer system, a copy of which application is attached as Exhibit A; WHEREAS, the property is legally described as set forth in the application and is located in Hood River County, State of Oregon (Tax Lot 1000 Map 3N 10E 35BC and 3N 10E 34A tax lots 1605 and a portion of 1602) (the "Property"); WHEREAS, pursuant to HRMC Chapter 12.09, a request for connection to City water and/or sewer service for property located contiguous to City limits shall be considered a written consent to annexation; WHEREAS, all of the Property owners provided their written consent to this annexation. There are electors on the property. This annexation was processed pursuant to ORS 222.170(2) or, alternatively, pursuant to ORS 222.125; WHEREAS, the Property is located within the Westside Rural Fire Protection District and the Ice Fountain Water District and ORS Chapter 222 provides for the withdrawal of territories from districts such as the Westside Rural Fire Protection District and Ice Fountain Water District upon annexation; WHEREAS, notice of the public hearing on the questions of annexation and withdrawal was published and posted as provided in ORS Chapter 222, WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn from the Westside Rural Fire Protection District and Ice Fountain Water District as part of the proposed annexation; WHEREAS, the City has the authority, within constitutional and statutory limits, to set the property tax rate at which annexed territories should be taxed; WHEREAS, the Planning Commission and the City Council have, in accordance with the procedures set forth in Chapter 17.15 of the Hood River Municipal Code, held public hearings (March 5, 2007 and March 12, 2007, respectively) to consider the annexation of the Property into the City of Hood River and withdrawal of the Property from the affected special districts; WHEREAS, the City Council considered the Planning Commission's record and recommendation, the Planning Staf fs report, and testimony presented, if any; WHEREAS, the City Council adopts the Planning Commission's findings of fact and conclusions of law set forth in the staff report signed March 7, 2007 attached to this Ordinance and incorporated by reference as if folly set forth herein; Page 1 NOW, THEREFORE, the City of Hood River ordains as follows: 1 The Property described above is hereby proclaimed to be annexed to the City of Hood River. 2. The Property described above is hereby withdrawn from the Westside Rural Fire Protection District and the Ice Fountain Water District, and not withdrawn from Farmers Irrigation District. 3 The effective date of the annexation is the date of filing within the Secretary of State. 4. The effective date for the withdrawal of the territory from the Ice Fountain Water District is July 1,2007. 5. The effective date for the withdrawal of the territory from the Westside Rural Fire Protection District is the date the annexation is effective. Read for the first time: March 12, 2007. Page 2 i } Fee Date Rec'd Page 2 of 2 CITY OF HOOD RIVER APPLICATION ANNEXATION REQUEST and REQUEST for CONNECTION to CITY of HOOD RIVER SEWER and/or WATER SERVICE Submit the completed application WITH TWELVE (12) ADDITIONAL COMPLETE COPIES and appropriate fees to the City of Hood River Planning Department, 301 Oak Ave. (P.O. Box 27), Hood River, OR 97031. Please note the review criteria attached to this applia^jg»r\Hf|wpr\ you have any questions, please contact the Planning Department at (541) 387-5210. n E v ^ O V C U APPLICANT: Name: ^ 4 - U Address: (physical) (mailing) cm 6 >ro\jc,e. JAN 1 1 2007 PLANNING DEPARTMENT (email) J i A & m A i S . % ' V v k> r.t r Current Zoning: ( p £ Section" ^ h M - A TaxLot(s) ' f ' f c p J L / Parcel Size: j - t f / ^ O ^ Property Location (cross streets or address): Existing Water Service, if any: t H - C g I yv 3 t _ M R o A A o v ^ r Farmers Irrigation: YES • NO Septic: • YES Is this a health hazard request for sewer connection? O YES Q NO • NO If yes, Explain: I A. hee Date Rec'd Page 1 of 2 ADDITIONAL PARCEL INFORMATION Please submit the following information with your completed application: 1. Assessor map (tax lot map) showing the location of your parcel. 2. For contiguous parcels, a copy of the most recent deed to your property with complete legal description. 3. Addresses of all dwellings and/or businesses located on the parcel and names, addresses, and a g e s ^ a l l residents and whether theyfare registered Voters. In connection with this request to hook up to and receive water and/or sewer service from the City of Hood River, l/we hereby petition the Honorable Mayor and City Council of Hood River for annexation of the above-described property, l/we further desire that by this petition, the above-described property be annexed lb* and irtclud'ed Within the corporate Himrts pf-the city of Hood river, Oregon, a municipal corporation,'.and l/we do hereby consent to such annexation without the necessity of any election being , called within the area above described ox a public hearing-being held pursuant toPRS 222.125, and l/we do hereby consent to the City of Hood River taking such steps a necessary to determine whether or not the above-described property shall be annexed. If the City determines that the above-described property is to be annexed, at least 51% of the electors residing on the property will be required to sign a Consent to Annexation in order to complete the annexation process. If the City determines that the above-described property will not be annexed at this t ime, the property owner(s) will be required to execute and record a Consent to Annexation prior to connection to city water and/or sewer. REQUEST Sewer Service Water Service ' i A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF HOOD RIVER 3N 10E 34A, TAX LOT 1602 A tract of land located in the Northeast quarter of Section 34, Township 3 North, Range 10 East of the Willamette Meridian, County of Hood River and State of Oregon; more particularly described as follows: Commencing at the Southeast corner of parcel 2 of Partition Plat 90-23, said point being on the South line of the Northwest quarter of the Northeast quarter of section 34; thence North 88°54'59" West 185.25 feet along the South line of said parcel 2 and the South line of the Northwest quarter of the Northeast quarter of Section 34, to the point of beginning for this description; thence North 00°38'58" East 220.04 feet; thence North 86°07'01" West 114.94 feet; thence South 00°38'58" West 225.65 feet to the South line of the Northwest quarter of the Northeast quarter; thence South 88°54'59" East 114.76 feet back to the point of beginning; Said description contains 25,572 square feet 0.59 acres more or less. S U R V E Y O R ' S S T A T E M E N T * * * * TUIC FYUIRIT U/AC DRFDARFn I IMHTD MV niDCTT CI IDERVISION UNLESS SIGNED, SEALED, AND DATED, THIS IS A PRELIMINARY OR UNOFFICIAL DOCUMENT AND CANNOT BE RELIED UPON IN WHOLE OR PART. DATE EXHIBIT A N E 1 / 4 , SECTION 3 4 , T . 3 N . , R . 1 0 E . , W.M. HOOD RIVER COUNTY, STATE OF OREGON PROJECT: 0 7 - 0 3 - 0 1 FILE No: 0 7 - 0 3 - 0 1 LAYOUT: LAYOUT SURVEYED: CM DESIGN: D£StGN_BY 0RAFT: JMK APPROVE: JMK DATE: 3 / 5 / 0 7 SHEET _ L OF J _ SHEETS o v 60 ' 120' PROSPECT AVE. - - 4 2 . 0 0 ' SCALE - FEET 1" = 6 0 ' BASIS OF BEARINGS COUNTY SURVEY NO. 9 9 0 8 7 ft 200.00' N88 '53 ' 57 "W 300 .01 ' 100.01' PARCEL 1 OF PARTITION P U T 9 0 - 2 3 TRACT 2 OF CS. NO. 99087 HOUSE n T A X L O T 1 6 0 2 2 5 5 7 2 S O . F T . 0 . 5 9 A C R E S 114.76 ' SOUTH LINE OF THE NW 1 / 4 OF THE NE 1 / 4 BLDG. t l o i .^aoo: I I I Ld HOUSE TRACT 3 OF CS. NO. 99087 T A X L O T 1 6 0 5 5 2 2 0 2 S O . F T . 1 . 2 0 A C R E S PARCEL 2 ; OF PARTITION P U T 9 0 - 2 3 >-< i cc I a I > I E I o 1 o' O i 78 .24 ' i 185 .25 ' 107.01' J -d / o \ o S88 '54 ' 59 "E MAY DRIVE POINT OF BEGINNING TAX LOT 1602 POINT OF COMMENCEMENTY TAX LOT 1602 EXHIBIT B NE 1 / 4 , SECTION 34, T.3N., R.10E., W.M. HOOD RIVER COUNTY, STATE OF OREGON KMrn & . A s LAND SURVEYING 1412 1Hh Sti-Ml Sull« 200 Hood niv4r, Oregon 17031 t«k(S 41)386-5 322 Dan©. PROJECT: 0 7 - 0 3 - 0 1 FILE No: 0 7 - 0 3 - 0 1 LAYOUT: LAYOUT SUR\€YE0; CM OESICN: DESIGN_BY DRAFT: APPROVE: DATE: SHEET JMK JMK 3 / 5 / 0 7 J_ OF _!_ SHEETS , > Fee Date Rec'd Page 2 of 2 CITY OF HOOD RIVER APPLICATION ANNEXATION REQUEST and REQUEST for CONNECTION to CITY of HOOD RIVER SEWER and/or WATER SERVICE Submit the completed application WITH TWELVE (12) ADDITIONAL COMPLETE COPIES and appropriate fees to the City of Hood River Planning Department, 301 Oak Ave. (P.O. Box 27), Hood River, OR 97031. Please note the review criteria attached to this application. If you have any questions, please contact the Planning Department at (541) 387-5210. APPLICANT: Name: id , t k a cia. T h i n n e r / P a r an € Titian Fn - , HooH /ZlUf f , (physical) ' (mailing) (email) 7 7 f c < / . 5 & O L ^ M V L Telephone: S<4h Cell Phone: Signature: - f^ t l j ' c jLOL T t U l / l O A ^ J j ^ M X L n K ( f a c PARCEL OWNER: (if different than applicant) Name: Address: (mailing) Telephone: Cell Phone: Signature: P ^ Q n f^nMA J j M *Authorization of parcel owner required. (J PARCEL INFORMATION: Township 3 H Range \ 0 Section "B ^ TaxLot(s) Current Zoning: Parcel Size: A I O O ' jOOO Property Location (cross streets or address): Existing Water Service, if any: Farmers Irrigation: YES • NO Septic: • YES J ^ NO Is this a health hazard request for sewer connection? O YES 0 NO If yes, Explain: )e# h'ee Date Rec'd Page 1 of 2 ADDITIONAL PARCEL INFORMATION Please submit the following information with your completed application: 1 Assessor map (tax lot map) showing the location of your parcel. 2. For contiguous parcels, a copy of the most recent deed to your property with complete legal description. 3. Addresses of all dwellings and/or businesses located on the parcel and names, addresses, and ages of all residents and whether they are registered voters. In connection with this request to hook up to and receive water and/or sewer service from the City of Hood River, l/we hereby petition the Honorable Mayor and City Council of Hood River for annexation of the above-described property, l/we further desire that by this petition, the above-described property be annexed to and included within the corporate limits of the city of Hood river, Oregon, a municipal corporation, and l/we do hereby consent to such annexation without the necessity of any election being called within the area above described or a public hearing being held pursuant to ORS 222.125, and l/we do hereby consent to the City of Hood River taking such steps a necessary to determine whether or not the above-described property shall be annexed. If the City determines that the above-described property is to be annexed, at least 51% of the electors residing on the property will be required to sign a Consent to Annexation in order to complete the annexation process. If the City determines that the above-described property will not be annexed at this time, the property owner(s) will be required to execute and record a Consent to Annexation prior to connection to city water and/or sewer. REQUEST Water Service j j t ^ u ^ a / Signature / /\3U6cLnK ) SON-RISE LOOP LOT TAX LOT 1000 CS No. 8 2 0 6 4 BOOK 53, PAGE 166 50.00' SCALE - FEET LEGAL DESCRIPTION A TRACT OF LANO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 53, PAGE 166 OF HOOD RIVER COUNTY RECORDS, LOCATED IN GOVERNMENT LOT 6 IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 10 EAST, WILLAMETTE MERIDIAN HOOD RIVER COUNTY, OREGON; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 OF SON-RISE ACRES PLANNED UNIT DEVELOPMENT ON FILE IN HOOD RIVER COUNTY RECORDS AS COUNTY SURVEY NO. 2004 070; THENCE SOUTH 89'16*48" EAST, 50.00 FEET ALONG THE SOUTH LINE OF SAID LOT 12 TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE SOUTH 00'01'30" WEST, 100.00 FEET; THENCE NORTH 89'16 '48" WEST, 50.00 FEET; THENCE NORTH 00'01'30" EAST, 100.00 FEET TO THE POINT OF BEGINNING; CONTAINING 5,000 SQUARE FEET MORE OR LESS. BASIS OF BEARING SON-RISE SUBDIVISION REGISTERED PROFESSIONAL LAND SURVEYOR •REGDN JULY 12, aoos JANES M. KLEIN 59002 Expires 6-30-2007 PARCEL EXHIBIT LOCATED GOVERNMENT LOT 6 OF SECTION 35, T. 3 N „ ft 10 W. COUNTY OF HOOD RIVER, OREGON M. r r i i i i f f i § PROJECT: 070106 at No: 070/060X1 IAYWT: LAYOUT SWMYtO: WW*- In the matter of the annexation) request by John Barclay for ) 2.81 acres ) FINDINGS AND DECISION I. BACKGROUND INFORMATION: A. REQUEST: To annex 2.81 acres into the City of Hood River for the purpose of developing the property. B. APPLICANT AND OWNER: John Barclay/Jeanie Jensen and Robert Barclay C. PROPERTY LOCATION: The property address is 2827 West Cascade Avenue. 3N 10E 26CC tax lot 800. D. PARCEL SIZE: The total area to be annexed is approximately 2.81 acres. E. AGENCY COMMENTS: Comments were received from the following agencies and have been incorporated and/or addressed in the staff report. City Engineering Department City Police Farmers Irrigation District; F. ADJACENT PROPERTY OWNER COMMENTS: As of the writing of this report no comments have been received. G. ORDINANCE CRITERIA: 17.15.060 Evaluation Criteria - Undeveloped Land 17.15.070 Factors to be taken into Consideration when Determining Fiscal Impact 17.15.080 Factors to be taken into Consideration when Determining Urban Service Capabilities H. ORS CRITERIA: Chapter 222 I. HISTORY: 1 IGA meeting 16 February 2006. 2. Annexation application received 26 January 2007. 3. Notice of public hearings mailed 23 February 2007. 4. Planning Commission public hearing 19 March 2007. 5. City Council public hearing scheduled for the 26 March 2007. J. RECORD: 1. Staff Report and attachments 2. Original public hearing notice 3. Oral and written testimony submitted to the Planning Commission on or before 12 March 2007. 4. Oral and written testimony submitted to the City Council on or before 26 March 2007. N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 1 II. FINDINGS OF FACT: Pursuant to the City's IGAs with the special districts, the City held a meeting with the special districts to discuss the annexation on February 2006. Comments are attached and incorporated into this staff report. Ice Fountain stated at the meeting that they had no problem with the annexation of this property. There are no services so no money is owed to them. HRMC 17.15.010-lntroduction is not an approval criterion but merely a broad policy statement implemented by the criteria in 17.15.050 and 17.15.060 and is not used as evaluating criteria annexations. 17.15.060 Evaluation Criteria - Undeveloped Land Prior to approving a proposed annexation of undeveloped land, affirmative findings shall be made relative to the following criteria: 1. The territory is contiguous to the city limits and with in the Urban Growth Area; The Barclay property is contiguous to the city limits to the north and a section to the east. FINDING: Staff finds the properties are contiguous to the city limits and satisfies this standard. 2. The annexation represents the natural extension of the existing City boundary to accommodate urban growth; This area was included in the Urban Growth Area in approximately 1979 during the Goal 14 - Urbanization process required as part of the comprehensive planning process. Each jurisdiction was required to designate sufficient amounts of urbanizable land to accommodate the need for further urban expansion. This boundary was adopted by the Council and LCDC in 1983 and zoned for future urban uses. The areas are adjacent to property developed to an urban level for residential uses in the City limits. FINDING: Staff finds that based on the above findings of fact this proposal represents a natural extension of the City boundary. 3. The annexation of the territory is compatible and consistent with the rational and logical extension of utilities and roads to the surrounding area; With respect to the subject properties, annexation would provide the City with design control over the utilities and how they are installed. Greater City control would allow the engineering department to monitor the design of water, sewer and other utilities and in the long run would be a cost saving to the entire City. When development or greater development occurs on these parcels extension of public facilities will be required. Since these facilities will be built by the developer in order to provide adequate public facilities, the impact to the City will be minimal. Any cost will be offset by new revenues (SDC fees, etc.) N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 2 FINDING: Staff finds that based on the above findings of fact this proposal the proposed annexation is compatible and consistent with the rational and logical extension of utilities and roads in the surrounding area. 4. The City is capable of providing and maintaining its full range of urban services to the territory without negatively impacting the City's ability to adequately serve all areas within the existing city limits. The increases in services will be seen in maintenance of water system meters, valves and hydrants; sanitary sewer cleaning; storm drain cleaning; pothole repair, sweeping and snow plowing of streets; along with the increased demands on fire, police, and public inquiries in general, once the property is developed. However, because the proposed annexation area will have new infrastructure once developed, that new infrastructure will not be costly for the City to maintain. The Fire Chief states that providing service to the subject property is not an issue with current staffing levels. Similarly, the Police Chief states that annexation of the subject property will not affect the Department's ability to continue to provide its current level of service and that the Department can provide the same level of service to the subject property at current staffing levels. Therefore, because no new personnel or equipment are needed by the Police or Fire Departments as a result of this annexation, there will be no impact on the deficit. In addition, neither the City's water nor sewer funds have a deficit (the deficit is in the City's general fund, which does not affect provision of those services). Sewer can be provided without negatively impacting service elsewhere because the wastewater treatment plant is designed to accommodate the urban growth area; user fees will also offset maintenance costs impacted. Water can be provided without negatively affecting the quality of the water or service, and user fees will offset maintenance costs. Although the costs of the City's new water main line project is reflected in its rates, so is the cost of Ice Fountain's system upgrade from a few years ago still reflected in its rates. Therefore, citizens will not be paying for two systems, when only using one. FINDING: Staff finds that based on the above findings of fact, the increase in service area will not negatively impact the City's ability to adequately serve all areas within the existing city limits. 5. The fiscal impact of the annexation is favorable, as determined by the City of Hood River, either upon approval or because of a commitment to a proposed development, unless the City determines that a public need outweighs the increase; The applicant is requesting annexation, per City policy, to receive City services for a mixed use planned unit development; see file 2007- 05. The City will receive the development fees associated with building that would be a one time fee of approximately $76,658 and annual fees of approximately $25,650. In May 1997, Oregon voters approved Measure 50, amending the Oregon constitution to cut local property taxes and limit their growth. Measure 50 rolled back assessed values to 90 percent of 1995-96 levels, set permanent tax rates, and limited assessed value growth for individual properties to 3 percent a year. N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 3 Measure 47, approved by voters in November of 1996 but repealed by Measure 50 before it was implemented, would have cut taxes at the individual property level by setting each property's 1997-98 tax to 90 percent of its 1995-96 tax. Measure 50, in contrast, cut taxes at the local government level then passed the savings down to individual property owners. While simple in principle, because the calculation of Measure 50's permanent tax rates involved elements of the old property tax system (tax base and levy) and elements of Measure 47, the tax rate calculations were extremely complex. Once implemented, however, Measure 50 is a relatively simple tax system of fixed tax rates applied to assessed values that can grow by a maximum of 3 percent a year. The taxes of an individual property are easily calculated as the tax rates times the property's assessed value. The permanent tax rate for the City of Hood River is $2.8112 applied per thousand dollars of assessed valuation. Before Measure 50, the vast majority of property taxes were collected as dollar limited levies, and except for areas in Measure 5 compression, local governments did not get additional taxes when property developed. Before Measure 50, when property developed, tax revenues generally were not affected and tax rates went down. Under Measure 50, the vast majority of property taxes will be collected as permanent tax rates. This means that local governments, which levy property taxes, will get more property tax revenues when land develops. The City will receive approximately $2,811 in tax revenue into its general fund for each million dollars of assessed valuation (the City's tax base for the subject property) for the existing valuation and for added valuation as property is developed within the area proposed for annexation. Pursuant to the City's IGA with Westside Rural Fire Protection District, the City is required to compensate the District for lost property tax revenue. Pursuant to the City's IGA with ice Fountain Water District, the City is required to compensate the District for lost service revenue, District indebtedness, and infrastructure being taken over by the City. Pursuant to Resolution of the City Council, the applicant will be required to reimburse the City for these costs as a condition of approval of annexation. Therefore, there will be no negative impact as to these costs. The following is a comparison of the 2. developed in the City versus the County Fiscal Impact If annexed Sewer hook-ups $29,399 $23,936 res+$5,463 com Water hook-ups $57,378 $43,945 res+$13,433 com annual water $4,745.94 acres if the property was annexed and j then if it remained in the UGA. Fiscal Impact If not annexed none Ice Fountain water; loss of $57,378. Ice Fountain water; N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 4 $4,661.40 res +$84.54 com loss of $4,745.94 annually. annual sewer $8,308 none $8,160 res +$148 com Traffic impact $19,280 Loss of $19,280.04 $11,981.04 res +$7,299 com Franchise Fees: $1,440 Loss of $1,440 Property Taxes: $19,465 Loss of $19,465 $13,141 res + $6,324.75 com Total one time fees collected by the City if annexed - $76,6581 Total annual fees collected by the City if annexed - $25,650 Total fees collected by the City if not annexed - $37,7072 Annexing the existing development into the City, as well as future buildout, will include the utilities usage in the calculation of franchise fees for Pacific Power and Light, Northwest Natural Gas, Falcon Cable, and Hood River Garbage Service, which go into the City's general fund. Assuming a total monthly outlay of just 150 per month for the future households franchise fees would be in excess of $1,440 a year (150 X 12 X 20 X 4%). FINDING: The financial impact is favorable upon application. Therefore, based on the above findings of fact, the staff finds there is a public need for the income and improvements that will come with annexation and development of the annexed area which together outweigh any increase in services. 6. The annexation meets the City's urban growth needs and it is to the City's advantage to control the growth and development plans for the territory; i.e., to be able to address the issues of traffic, density, land use and the level and timing of necessary facilities and services; This annexation meets the City's urban growth needs because it consists of lands inventoried under Goal 14 for the City's urban growth. Although, as noted above, the County has adopted the City's ordinances and TSP for application in the UGA, it remains to the City's advantage to control the growth and development of the subject property because development of the subject property has a direct and substantial impact on City sewer, water, storm water and traffic facilities. The City is in the unique position of coordinating growth on the subject property with growth in the City. In addition, it is to the City's fiscal advantage to control development on the subject property because doing so will generate additional systems development charges/impact fees for water, storm water and traffic, which can be allocated for future City infrastructure development. ' This figure does not include building permit fees which would be in excess of $50,000. 2 This figure includes the one time sewer hook up fee as well as the annual sewer service amount. N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 5 FINDING: Staff finds that based on the above findings of fact, the annexation of the subject parcels meets the City's urban growth needs and it is to the City's advantage to control the growth and development plans for the territory; i.e., to be able to address the issues of traffic, density, land use and the level and timing of necessary facilities and services. 7. If the criteria in 17.15.060 (F) does not apply, the annexation provides a solution for existing problems resulting from insufficient sanitation, water service, needed routes for utility or transportation networks or other service- related problems; Because subsection (F) does apply, this subsection is not applicable. 8. The proposed annexation does not negatively impact nearby properties, whether located within the city limits or the urban growth area; and This criterion requires consideration of impacts an annexation may have that are not taken into account by the other criteria. For example, the criteria discussed above already address the growth of the City, extension of City services, financial impact, and ability to continue to provide services to existing residents. What has not been addressed is the uses on the subject property and how those might affect nearby properties located in city limits or the UGA. Properties in the city limits will generally not be affected because the zoning will remain consistent with City zoning designations. The applicant intends to develop the property for both commercial and residential uses—uses found in the surrounding area. FINDING: Based on the above findings of fact, the proposed annexation will not negatively impact nearby properties in the city limits or the urban growth area. 9. The annexation conforms to the Comprehensive Plan. The County has adopted the City's ordinances for use in the UGA. The City's ordinances and those adopted by the County, were adopted under the City's Comprehensive Plan and have been acknowledged as consistent with the City's Comprehensive Plan and the Statewide Goals. Generally, the City's Comprehensive Plan does not contain approval standards. Therefore, compliance with the Comprehensive Plan is achieved through compliance with the City's ordinances. Goal 1: Citizen Involvement This Goal is satisfied through provisions in the acknowledged Plan and Hood River Zoning Ordinance providing for citizen participation and public hearings on annexation requests. This application has been processed pursuant to those provisions. Goal 2: Land Use Planning The Comprehensive Plan and Zoning Ordinance provide a land use planning process and policy framework as the basis for all decision and actions relating to the use of land. By following the zoning code, procedures for processing this application and the conduct of all public hearing related to the application, this Goal N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 6 is satisfied. Goal 3: Agricultural Land This goal is not applicable as the property is located within the City's Urban Growth Area and is not used as agricultural land. Goal 4: Forest Land This goal is not applicable as the property is located within the City's Urban Growth Area and has been "excepted" from the County's resource base. Goal 5: Open Spaces, Scenic and Historic Areas and Natural Resources As noted above, the County has adopted the City's ordinances for use in the UGA. However, the County has not adopted the City's Goal 5 Ordinance (1874) addressing protection of riparian areas. However, there are no riparian areas subject to Goal 5 in the subject area. Policy #3 states "when areas are annexed into the City, lands determined to be desirable or needed for open space will be preserved; and Implementation Strategy #3 states "when an area is annexed into the City, an assessment shall be made by the Planning Commission to determine if the area contains land needed or desirable for open space." Staff has assembled open space information from the Parks and Recreation District Master Plan and applied a methodology as described in the "Best Development Practices" book. This is a minimum guide to developing a method of calculating the needed area of Open Space. Based on this information staff finds that there is adequate open space in the City to accommodate the annexation area. OPEN SPACE INFORMATION All parks and open space inventory is from the Parks and Recreation Capital Facilities Master Plan3 Open Space in the City 12.11 Acres Morrison, Coe, Friendship and Portions of Wells Island City Parks 6.77 acres Jackson 1.24 acres Gibson 1.05 acres Wilson .87 acres Waucoma .48 acres Mann .94 acres Aquatic Center 2.71 acres Jaymar "Skate Park" 9.5 acres Port and Event Site .5 acres Library .2 acres Overlook Memorial Park .2 acres Sherman Triangle Park 3 Hood River Valley Parks and Recreation District/City of Hood River "Parks and Recreation Capital Facilities Master Plan", Don Ganer & Associates, 1998. N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 7 .5579 acres Maley Park and trail 24.46 Acres 12.11 Acres Total Park - This does not include schools Open Space 37.1279 Acres TOTAL The Open Space methodology calculation was based on the Best Development Practices Book4 of: 1.5 acres per 1,000 population 6,500 population 6.5 X 1.5 = 9.75 acres of open space/park land needed With 37.1279 acres of open space/park land, the City can support a population of 24,752 with the current amount of open space. The annexation of the subject area will not place the City's population near 24,000. FINDING: Based on the above Open Space information staff finds that there is an adequate amount of open space in the City. Goal 6: Air, Water and Land Resources Quality This application does not increase or decrease the air, water and land resource qualities of the area because it does not involve development of the parcel. Goal 7: Natural Disasters This site is not in a floodplain; does not include slopes greater than 25%; does not contain any environmental protection areas and has no designated geologic hazard areas within its boundaries. Goal 8: Recreational Needs The proposed annexation area does not include a park land and/or open space. The Parks and Recreation District Master Plan does not identify a need for a neighborhood/mini park in this general area. Annexation of this parcel does not include development proposals. Zone change requests and development proposals will be evaluated by the City separately. Policy 8 states "as parcels of land are annexed from the UGA into the City, some land will be designated Open Space/Public Land for the development of new parks and public facilities, including access ways, to serve the recreational needs of the community." Based on the Parks and Recreation District's Master Plan, there is no need for recreation designations on the subject property. Goal 9: Economy of State This Goal requires the City to ensure that there is adequate land with public services provided to meet the needs for economic growth and development. This goal is not applicable. 4 Ewing, Reid "Best Development Practices", American Planning Association, 1996. Page 35. N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 8 Goal 10: Housing These properties have been included within the current buildable lands inventory for the City/UGA, and are and would remain zoned for housing uses. Goal 11: Public Facilities See 17.15.050(C)&(D) above. Based on those findings, the annexation of the developed lands in the subject property is consistent with Goal 11 Goal 12: Transportation The subject property is generally undeveloped. Development would require compliance with the City's Transportation Systems Plan ("TSP"). Goal 13: Energy Conservation This annexation request does not include proposals for development. Goal 14: Urbanization The subject property is located within the Urban Growth Area. Goal 14 provides for annexation of property within the UGA. Therefore, annexation of the subject is consistent with Goal 14. FINDING: Staff finds that based on the above findings of fact the annexation request complies with the Comprehensive Plan. 17.15.070 Evaluation Criteria—Fiscal Impact The following factors are to be taken into consideration when determining fiscal impact for both developed and undeveloped land and may include, but are not limited to: 1. The additional revenues, if any, available to the City as a result of the annexation. 2. Whether any unusual or excessive costs will be incurred as a result of the annexation. 3. The impact on the City's tax base, if any, as a result of the annexation. The analysis set forth above in 17 15.060(E) takes these factors into consideration. 17.15.080 Evaluation Criteria-Urban Service Capabilities 1. The municipal service needs, if any, of the territory to be annexed, including those of police and fire protection, public sewer and water supply facilities, street improvement and/or construction and such other municipal services as may reasonably be required. Both short term and long term plans for all services shall be addressed. 2. The projected costs of supplying reasonably needed municipal services to the territory proposed to be annexed. This provision contains factors to be taken into consideration when evaluating urban service capabilities. (These factors used to be in the same section as the factors in 17.15.070. The introductory sentence was omitted inadvertently; the omission was not for the purpose of turning the factors into criteria or something other than factors). The analysis set forth above in 17.15.060(C)&(D) takes these factors into consideration. N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 9 ORS 222.120 Procedure without election by city electors; hearing; ordinance subject to referendum. The City Charter does not require the City Council to submit a proposal for annexation to the voters. This annexation is not being submitted to the voters; instead, public hearings on the annexation are being held in accordance with this section. Notice of the public hearings was published in accordance with ORS 222.120. The City is including withdrawal of territory from a district named in ORS 222.510 (Ice Fountain and West Side Fire). Pursuant to ORS 222.111(5), the effective date of withdrawal from West Side Fire will be the effective date of the annexation and the effective date of the withdrawal from Ice Fountain will be either July 1, 2007, or July 1, 2008, in accordance with ORS 222.465. ORS 222.125 Annexation by consent of all owners of land and majority of electors Pursuant to this provision, the City need not call an election in the subject property if all of the owners of land and not less than 50% of the electors residing on the subject property consent to the annexation in writing. The City has received a written consent to the annexation from all of the owners of the land and not less than 50% of the electors. Therefore, no election is necessary. ORS effective date The public hearing for this annexation will take place before the City Council on 26 March 2007. If approved, the City Council will read the ordinance approving the annexation and withdrawing the territory from Ice Fountain and West Side Fire for the first time (and second time if a full Council is present) by title only on 26 March 2007. After the second reading the ordinance will be transmitted to the Secretary of State for filing. Pursuant to ORS 222.180, the effective date of the annexation would be the date it was filed with the Secretary of States. Pursuant to ORS 222.465, if-the ordinance is enacted or approved prior to March 31, 2007, the effective date of withdrawal from Ice Fountain will be July 1, 2007, and if the ordinance is enacted or approved after March 31, 2007, the effective date of the withdrawal from Ice Fountain will be July 1, 2008. RECOMMENDATION: Staff recommends approval of the annexation with the following conditions of approval and recommendations. III. CONDITIONS OF APPROVAL. The following shall be a condition of approval of the annexation requests: 1. Prior to final annexation, the applicant shall provide a legal description of the subject property indicating the exact location of the property requested to be annexed in relation to the Urban Growth Area boundary. This annexation approval does not include any lands outside the Urban Growth Area of the City of Hood River. 2. The effective date for the annexation shall be the date the ordinance goes into effect, except for purposes of ORS 308.225. The effective date of the withdrawal from West Side Fire will be the effective date of the annexation, except for purposes of ORS 308.225. Pursuant to ORS 222.465, if the ordinance is enacted or approved prior to March 31, 2007, the effective date of N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 10 withdrawal from Ice Fountain will be July 1, 2007, if the ordinance is enacted or approved after March 31, 2007, the effective date of the withdrawal from Ice Fountain will be July 1, 2008. 3. The applicant shall deposit with the City funds in the amount of the estimated payments to Ice Fountain Water District and West Side Rural Fire Protection District in an amount specified by Council. Within 30 days after the estimated payment amounts are approved by the City and the respective Districts, the applicant shall pay the balance owing to the City, or the City shall refund to the applicant any amount overpaid. PLANNING COMMISSION DECISION: Planning Commission recommends approval of the annexation. Commissioner Kate McBride moved and Commissioner Ambler Harrison seconded a motion to recommend approval of the annexation application based on the above findings of fact and subject to the conditions of approval. The motion passed with a 5-0 vote. APPROVED BY THE CITY OF HOOD RIVER PLANNING COMMISSION the day of Morrh onn 7 John Everitt, Chair N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 11 DECISION: Councilor Laurent Piccard moved and Councilor Anne Frodel seconded the first motion to approve the annexation application based on the above findings of fact and subject to the conditions of approval. Councilor Paul Blackburn and Councilor Carrie Nelson second motion to withdrawal this area from Westside Fire District and Ice Fountain water district. Both motions passed with a 6-0 vote. APPROVED BY THE CITY COUNCIL the day of March 2007. N:\Planning\flnnex\2007\07-03 Barclay\07-03 Barclay findings.doc 12 In the matter of the annexation) request by Kitts/Mack and ) FINDINGS AND DECISION Tanner/Fogle for 1.75 acres ) I. BACKGROUND INFORMATION: A. REQUEST: To annex 1.75 acres into the City of Hood River for the purpose of developing the property. B. APPLICANT AND OWNER: Mike Kitts/Troyce Mack and Patricia Tanner/Darin and Susan Fogle C. PROPERTY LOCATION: The property addresses are 3711 May Drive, 3880 May and 3890 May. 3N 10E 35BC portion of tax lot 1000 and 3N 10E 34A Tax lots 1605 and a portion of 1602. D. PARCEL SIZE: The total area to be annexed is approximately 1.75 acres. E. ORDINANCE CRITERIA: 17.15.060 Evaluation Criteria - Undeveloped Land 17.15.070 Factors to be taken into Consideration when Determining Fiscal Impact 17.15.080 Factors to be taken into Consideration when Determining Urban Service Capabilities H. ORS CRITERIA: Chapter 222 I. HISTORY: 1. IGA meeting 14 February 2007. 2. Annexation application received 11 January 2007. 3. Notice of public hearings mailed 8 February 2007. 4. Planning Commission public hearing 5 March 2007. 5. City Council public hearing scheduled for the 12 March 2007. J. RECORD: 1 Staff Report and attachments 2. Original public hearing notice 3. Oral and written testimony submitted to the Planning Commission on or before 5 March 2007. 4. Oral and written testimony submitted to the City Council on or before 12 March 2007. II. FINDINGS OF FACT: Pursuant to the City's IGAs with the special districts, the City held a meeting with the special districts to discuss the annexation on January 2007. Comments are attached and incorporated into this staff report. No comment was received from Ice Fountain. N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 1 HRMC 17.15.010-lntroduction is not an approval criterion but merely a broad policy statement implemented by the criteria in 17.15.050 and 17 15.060 and is not used as evaluating criteria annexations. 17.15.060 Evaluation Criteria - Undeveloped Land Prior to approving a proposed annexation of undeveloped land, affirmative findings shall be made relative to the following criteria: 1. The territory is contiguous to the city limits and with in the Urban Growth Area; The Kitts property is contiguous by way of May street and Willow Ponds to the south. The Tanner property is contiguous to the west by way of 29th and Hawk Meadows. FINDING: The planning commission finds the properties are contiguous to the city limits and satisfies this standard. 2. The annexation represents the natural extension of the existing City boundary to accommodate urban growth; This area was included in the Urban Growth Area in approximately 1979 during the Goal 14 - Urbanization process required as part of the comprehensive planning process. Each jurisdiction was required to designate sufficient amounts of urbanizable land to accommodate the need for further urban expansion. This boundary was adopted by the Council and LCDC in 1983 and zoned for future urban uses. The areas are adjacent to property developed to an urban level for residential uses in the City limits. FINDING: The planning commission finds that based on the above findings of fact this proposal represents a natural extension of the City boundary. 3. The annexation of the territory is compatible and consistent with the rational and logical extension of utilities and roads to the surrounding area; With respect to the subject properties, annexation would provide the City with design control over the utilities and how they are installed. Greater City control would allow the engineering department to monitor the design of water, sewer and other utilities and in the long run would be a cost saving to the entire City. Recent developments on the properties in the general vicinity of these properties have extended City utilities along the west property line of the parcel, including service stub outs to the property. When development or greater development occurs on these parcels extension of public facilities will be required. Since these facilities will be built by the developer in order to provide adequate public facilities, the impact to the City will be minimal. Any cost will be offset by new revenues (SDC fees, etc.) FINDING: The planning commission finds that based on the above findings of fact N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 2 this proposal the proposed annexation is compatible and consistent with the rational and logical extension of utilities and roads in the surrounding area. 4. The City is capable of providing and maintaining its full range of urban services to the territory without negatively impacting the City's ability to adequately serve all areas within the existing city limits. The increases in services will be seen in maintenance of water system meters, valves and hydrants; sanitary sewer cleaning; storm drain cleaning; pothole repair, sweeping and snow plowing of streets; along with the increased demands on fire, police, and public inquiries in general, once the property is developed. However, because the proposed annexation area will have new infrastructure once developed, that new infrastructure will not be costly for the City to maintain. The Fire Chief states that providing service to the subject property is not an issue with current staff levels. Similarly, the Police Chief states that annexation of the subject property will not affect the Department's ability to continue to provide its current level of service and that the Department can provide the same level of service to the subject property at current staffing levels. Therefore, because no new personnel or equipment are needed by the Police or Fire Departments as a result of this annexation, there will be no impact on the deficit. In addition, neither the City's water nor sewer funds have a deficit (the deficit is in the City's general fund, which does not affect provision of those services). Sewer can be provided without negatively impacting service elsewhere because the wastewater treatment plant is designed to accommodate the urban growth area; user fees will also offset maintenance costs impacted. Water can be provided without negatively affecting the quality of the water or service, and user fees will offset maintenance costs. Although the costs of the City's new water main line project is reflected in its rates, so is the cost of Ice Fountain's system upgrade from a few years ago still reflected in its rates. FINDING: The planning commission finds that based on the above findings of fact, the increase in service area will not negatively impact the City's ability to adequately serve all areas within the existing city limits. 5. The fiscal impact of the annexation is favorable, as determined by the City of Hood River, either upon approval or because of a commitment to a proposed development, unless the City determines that a public need outweighs the increase; The applicant is requesting annexation, per City policy, to receive City services for one single family dwelling and to be under the revised Title 17 to build an accessory dwelling unit. The City will receive the development fees associated with building that would be a one time fee of approximately $4,698.12 and annual fees of approximately $2,888.16. In May 1997, Oregon voters approved Measure 50, amending the Oregon constitution to cut local property taxes and limit their growth. Measure 50 rolled back assessed values to 90 percent of 1995-96 levels, set permanent tax rates, N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 3 and limited assessed value growth for individual properties to 3 percent a year. Measure 47, approved by voters in November of 1996 but repealed by Measure 50 before it was implemented, would have cut taxes at the individual property level by setting each property's 1997-98 tax to 90 percent of its 1995-96 tax. Measure 50, in contrast, cut taxes at the local government level then passed the savings down to individual property owners. While simple in principle, because the calculation of Measure 50's permanent tax rates involved elements of the old property tax system (tax base and levy) and elements of Measure 47, the tax rate calculations were extremely complex. Once implemented, however, Measure 50 is a relatively simple tax system of fixed tax rates applied to assessed values that can grow by a maximum of 3 percent a year. The taxes of an individual property are easily calculated as the tax rates times the property's assessed value. The permanent tax rate for the City of Hood River is $2.8112 applied per thousand dollars of assessed valuation. Before Measure 50, the vast majority of property taxes were collected as dollar limited levies, and except for areas in Measure 5 compression, local governments did not get additional taxes when property developed. Before Measure 50, when property developed, tax revenues generally were not affected and tax rates went down. Under Measure 50, the vast majority of property taxes will be collected as permanent tax rates. This means that local governments, which levy property taxes, will get more property tax revenues when land develops. The City will receive approximately $2,811 in tax revenue into its general fund for each million dollars of assessed valuation (the City's tax base for the subject property) for the existing valuation and for added valuation as property is developed within the area proposed for annexation. Pursuant to the City's IGA with Westside Rural Fire Protection District, the City is required to compensate the District for lost property tax revenue. Pursuant to the City's IGA with Ice Fountain Water District, the City is required to compensate the District for lost service revenue, District indebtedness, and infrastructure being taken over by the City. Pursuant to Resolution of the City Council, the applicant will be required to reimburse the City for these costs as a condition of approval of annexation. Therefore, there will be no negative impact as to these costs. The following is a comparison of the 1. developed in the City versus the County < Fiscal Impact If annexed Sewer hook-ups $1408 (one time fee of $1,408) Water hook-ups $2,585 (one time fee of $2,585) acres if the property was annexed and id then if it remained in the UGA. Fiscal Impact If not annexed none Ice Fountain water; loss of $2,585. N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 4 annual water $798.12 (22.17X12X3) Ice Fountain water; loss of $ 798.12 annually. annual sewer $432 (36.00X 12X1) none Traffic impact $705.12 (one time fee of $705.12) Loss of $705.12 Franchise Fees: $216 Loss of $216 Property Taxes: $1,442.04 Loss of $1,442.04 • Total one time fees collected by the City if annexed - $4,698.121 • Total annual fees collected by the City if annexed - $2,888.16 • Total fees collected by the City if not annexed - $4322 Annexing the existing development into the City, as well as future buildout, will include the utilities usage in the calculation of franchise fees for Pacific Power and Light, Northwest Natural Gas, Falcon Cable, and Hood River Garbage Service, which go into the City's general fund. Assuming a total monthly outlay of just 150 per month for the future households franchise fees would be in excess of $216 a year (150 X 12 X 3 X 4%). FINDING: The financial impact is favorable upon application. Therefore, based on the above findings of fact, the planning commission finds there is a public need for the income and improvements that will come with annexation and development of the annexed area which together outweigh any increase in services. 6. The annexation meets the City's urban growth needs and it is to the City's advantage to control the growth and development plans for the territory; i.e., to be able to address the issues of traffic, density, land use and the level and timing of necessary facilities and services; This annexation meets the City's urban growth needs because it consists of lands inventoried under Goal 14 for the City's urban growth. Although, as noted above, the County has adopted the City's ordinances and TSP for application in the UGA, it remains to the City's advantage to control the growth and development of the subject property because development of the subject property has a direct and substantial impact on City sewer, water, storm water and traffic facilities. The City is in the unique position of coordinating growth on the subject property with growth in the City. In addition, it is to the City's fiscal advantage to control development on the subject 1 This figure does not include building permit fees which would be in excess of $5,000 for a single family house. 2 This figure includes the one time sewer hook up fee as well as the annual sewer service amount. N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 5 property because doing so will generate additional systems development charges/impact fees for water, storm water and traffic, which can be allocated for future City infrastructure development. FINDING: The planning commission finds that based on the above findings of fact, the annexation of the subject parcels meets the City's urban growth needs and it is to the City's advantage to control the growth and development plans for the territory; i.e., to be able to address the issues of traffic, density, land use and the level and timing of necessary facilities and services. 7. If the criteria in 17.15.060 (F) does not apply, the annexation provides a solution for existing problems resulting from insufficient sanitation, water service, needed routes for utility or transportation networks or other service- related problems; Because subsection (F) does apply, this subsection is not applicable. 8. The proposed annexation does not negatively impact nearby properties, whether located within the city limits or the urban growth area; and This criterion requires consideration of impacts an annexation may have that are not taken into account by the other criteria. For example, the criteria discussed above already address the growth of the City, extension of City services, financial impact, and ability to continue to provide services to existing residents. What has not been addressed is the uses on the subject property and how those might affect nearby properties located in city limits or the UGA. Properties in the city limits will generally not be affected because the zoning will remain consistent with City zoning designations. The applicant intends to develop the property for both commercial and residential uses—uses found in the surrounding area. FINDING: Based on the above findings of fact, the proposed annexation will not negatively impact nearby properties in the city limits or the urban growth area. 9. The annexation conforms to the Comprehensive Plan. The County has adopted the City's ordinances for use in the UGA. The City's ordinances and those adopted by the County, were adopted under the City's Comprehensive Plan and have been acknowledged as consistent with the City's Comprehensive Plan and the Statewide Goals. Generally, the City's Comprehensive Plan does not contain approval standards. Therefore, compliance with the Comprehensive Plan is achieved through compliance with the City's ordinances. Goal 1: Citizen Involvement This Goal is satisfied through provisions in the acknowledged Plan and Hood River Zoning Ordinance providing for citizen participation and public hearings on annexation requests. This application has been processed pursuant to those provisions. N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 6 Goal 2: Land Use Planning The Comprehensive Plan and Zoning Ordinance provide a land use planning process and policy framework as the basis for all decision and actions relating to the use of land. By following the zoning code, procedures for processing this application and the conduct of all public hearing related to the application, this Goal is satisfied. Goal 3: Agricultural Land This goal is not applicable as the property is located within the City's Urban Growth Area and is not used as agricultural land. Goal 4: Forest Land This goal is not applicable as the property is located within the City's Urban Growth Area and has been "excepted" from the County's resource base. Goal 5: Open Spaces, Scenic and Historic Areas and Natural Resources As noted above, the County has adopted the City's ordinances for use in the UGA. However, the County has not adopted the City's Goal 5 Ordinance (1874) addressing protection of riparian areas. However, there are no riparian areas subject to Goal 5 in the subject area. Policy #3 states "when areas are annexed into the City, lands determined to be desirable or needed for open space will be preserved; and Implementation Strategy #3 states "when an area is annexed into the City, an assessment shall be made by the Planning Commission to determine if the area contains land needed or desirable for open space." Staff has assembled open space information from the Parks and Recreation District Master Plan and applied a methodology as described in the "Best Development Practices" book. This is a minimum guide to developing a method of calculating the needed area of Open Space. Based on this information staff finds that there is adequate open space in the City to accommodate the annexation area. OPEN SPACE INFORMATION All parks and open space inventory is from the Parks and Recreation Capital Facilities Master Plan3 Open Space in the City 12.11 Acres City Parks 6.77 acres 1.24 acres 1.05 acres .87 acres .48 acres .94 acres Morrison, Coe, Friendship and Portions of Wells Island Jackson Gibson Wilson Waucoma Mann Aquatic Center 3 Hood River Valley Parks and Recreation District/City of Hood River "Parks and Recreation Capital Facilities Master Plan", Don Ganer & Associates, 1998. N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 7 9.5 acres .5 acres .2 acres .2 acres 2.71 acres Jaymar "Skate Park" Port and Event Site Library .5579 acres Overlook Memorial Park Sherman Triangle Park Maley Park and trail 24.46 Acres 12.11 Acres Total Park - This does not include schools Open Space 37.1279 Acres TOTAL The Open Space methodology calculation was based on the Best Development Practices Book4 of: 1.5 acres per 1,000 population 6,500 population 6.5 X 1.5 = 9.75 acres of open space/park land needed With 37.1279 acres of open space/park land, the City can support a population of 24,752 with the current amount of open space. The annexation of the subject area will not place the City's population near 24,000. FINDING: Based on the above Open Space information the planning commission finds that there is an adequate amount of open space in the City. Goal 6: Air, Water and Land Resources Quality This application does not increase or decrease the air, water and land resource qualities of the area because it does not involve development of the parcel. Goal 7: Natural Disasters This site is not in a floodplain; does not include slopes greater than 25%; does not contain any environmental protection areas and has no designated geologic hazard areas within its boundaries. Goal 8: Recreational Needs The proposed annexation area does not include a park land and/or open space. The Parks and Recreation District Master Plan does not identify a need for a neighborhood/mini park in this general area. There is a proposal for a four acre park to the north of this annexation. Annexation of this parcel does not include development proposals. Zone change requests and development proposals will be evaluated by the City separately. Policy 8 states "as parcels of land are annexed from the UGA into the City, some land will be designated Open Space/Public Land for the development of new parks and public facilities, including access ways, to serve the recreational needs of the community." Based on the Parks and Recreation District's Master Plan, there is no need for 4 Ewing, Reid "Best Development Practices", American Planning Association, 1996. Page 35. N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 8 recreation designations on the subject property. Goal 9: Economy of State This Goal requires the City to ensure that there is adequate land with public services provided to meet the needs for economic growth and development. This goal is not applicable. Goal 10: Housing These properties have been included within the current buildable lands inventory for the City/UGA, and are and would remain zoned for housing uses. Goal 11: Public Facilities See 17.15.050(C)&(D) above. Based on those findings, the annexation of the developed lands in the subject property is consistent with Goal 11. Goal 12: Transportation The subject property is generally undeveloped. Development would require compliance with the City's Transportation Systems Plan ("TSP"). Goal 13: Energy Conservation This annexation request does not include proposals for development. Goal 14: Urbanization The subject property is located within the Urban Growth Area. Goal 14 provides for annexation of property within the UGA. Therefore, annexation of the subject is consistent with Goal 14. FINDING: The planning commission finds that based on the above findings of fact the annexation request complies with the Comprehensive Plan. 17.15.070 Evaluation Criteria—Fiscal Impact The following factors are to be taken into consideration when determining fiscal impact for both developed and undeveloped land and may include, but are not limited to: 1. The additional revenues, if any, available to the City as a result of the annexation. 2. Whether any unusual or excessive costs will be incurred as a result of the annexation. 3. The impact on the City's tax base, if any, as a result of the annexation. The analysis set forth above in 17.15.060(E) takes these factors into consideration. 17.15.080 Evaluation Criteria-Urban Service Capabilities 1. The municipal service needs, if any, of the territory to be annexed, including those of police and fire protection, public sewer and water supply facilities, street improvement and/or construction and such other municipal services as may reasonably be required. Both short term and long term plans for all services shall be addressed. 2. The projected costs of supplying reasonably needed municipal services to N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 9 the territory proposed to be annexed. This provision contains factors to be taken into consideration when evaluating urban service capabilities. (These factors used to be in the same section as the factors in 17.15.070. The introductory sentence was omitted inadvertently; the omission was not for the purpose of turning the factors into criteria or something other than factors). The analysis set forth above in 17.15.060(C)&(D) takes these factors into consideration. ORS 222.120 Procedure without election by city electors; hearing; ordinance subject to referendum. The City Charter does not require the City Council to submit a proposal for annexation to the voters. This annexation is not being submitted to the voters; instead, public hearings on the annexation are being held in accordance with this section. Notice of the public hearings was published in accordance with ORS 222.120. The City is including withdrawal of territory from a district named in ORS 222.510 (Ice Fountain and West Side Fire). Pursuant to ORS 222.111(5), the effective date of withdrawal from West Side Fire will be the effective date of the annexation and the effective date of the withdrawal from Ice Fountain will be July 1, 2007, in accordance with ORS 222.465. ORS 222.125 Annexation by consent of ail owners of land and majority of electors Pursuant to this provision, the City need not call an election in the subject property if all of the owners of land and not less than 50% of the electors residing on the subject property consent to the annexation in writing. The City has received a written consent to the annexation from all of the owners of the land and not less than 50% of the electors. Therefore, no election is necessary. ORS effective date The public hearing for this annexation will take place before the City Council on 12 March 2007. If approved, the City Council will read the ordinance approving the annexation and withdrawing the territory from Ice Fountain and West Side Fire for the first time by title only on 12 March 2007. Thereafter, the ordinance will be transmitted to the Secretary of State for filing. Pursuant to ORS 222.180, the effective date of the annexation would be the date it was filed with the Secretary of States. Pursuant to ORS 222.465, because the ordinance will be enacted or approved before March 31, 2007, the effective date of the withdrawal from Ice Fountain will be July 1, 2007. RECOMMENDATION: The planning commission recommends approval of the annexation with the following conditions of approval and recommendations. III. RECOMMENDATION AND PROPOSED CONDITIONS OF APPROVAL. The following shall be a condition of approval of the annexation requests: N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 10 1 Prior to final annexation, the applicant shall provide a legal description of the subject property indicating the exact location of the property requested to be annexed in relation to the Urban Growth Area boundary. This annexation approval does not include any lands outside the Urban Growth Area of the City of Hood River. 2. The effective date for the annexation shall be the date the ordinance goes into effect, except for purposes of ORS 308.225. The effective date of the withdrawal from West Side Fire will be the effective date of the annexation, except for purposes of ORS 308.225. Pursuant to ORS 222.465, because the ordinance will be enacted or approved before March 31, 2007, the effective date of the withdrawal from Ice Fountain will be July 1, 2007. 3. The applicant shall deposit with the City funds in the amount of the estimated payments to Ice Fountain Water District and West Side Rural Fire Protection District in an amount specified by Council. Within 30 days after the estimated payment amounts are approved by the City and the respective Districts, the applicant shall pay the balance owing to the City, or the City shall refund to the applicant any amount overpaid. DECISION: Councilor Paul Cummings moved and Councilor Carrie Nelson seconded the first motion to approve the annexation application based on the above findings of fact and subject to the conditions of approval. Councilor Paul Cummings and Councilor Carrie Nelson second motion to withdrawal this area from Westside Fire District and Ice Fountain water district. Both motions passed with a 6-0 vote. APPROVED BY THE CITY COUNCIL the day of March 2007. N:\Planning\Annex\2007\07-02 Kitts-Mack\07-02 Kitts-Mack and Tanner findings.doc 11