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Home My WebLink AboutClover Lane Annexation DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson County Assessor 10 South Oakdale Room 300 MEDFORD OR 97501 ClOUtX' ~'ct.P /1 tJ. 0 '1. ~"J. 00.. 60 '11lfl) JACKSON COUNTY Oregon Information Drafting Personal Property FAX 541-774-6059 541-774-6095 541-774-6094 541-774-6701 April 5,2006 City of Ashland City Recorder 20 East Main Ashland, OR 97520 Re: Taxing District Boundary Change (ORD 396-95) Dear District: Final approval for Annexation No. 2005-33/2920 has been received from the Oregon Department of Revenue. Please remit to the Jackson County Department of Assessment the total amount due below. The annexation will be completed upon receipt of the amount due. Dates for district changes set by Oregon State law remain unchanged. Number of tax lots involved 2 Annexation processing fee $286.00 Total Amount Due $286.00 Please send remittance to: Department of Assessment 10 South Oakdale, Room 300 Medford, OR 97501 Respectfully yours, ~[.~ Ann E. Cacka Cartography Manager -"--'-~'T' CITY OF ASHLAND Today's Date:_ 4/13/06 Requested Check Issue Date _next AlP Please note Vendors are paid Net 30 (30days) from today's date if not otherwise specified. Request(s) must be in Accounts Payable Inbox by 5:00pm Friday to be issued the following Friday. Request for Check To be used for the following: · Rebates, Refunds or Reimbursements (not employees) · Advanced payments for Books/Schools/Hotels (attach documentation) . State/County Assessments . Grants and Debt Services Payee: Address: City, State, Zip Jackson County Assessor 10 S Oakdale Rm 300 Medford OR 97501 Processing Fee - Annexation and withdrawal- Clover Lane Annexation 110.09.27.00.604 100 286.00 Requested by: ./t'A(~ - 0 Approved by:/' Return check to: .BfiI53].. G:\recorder\check request county assessor. doc Updated on :04/13/06 -.'.-. ~~"--I---"'--- CERTIFICATE OF CITY RECORDER State of Oregon County of Jackson City of Ashland ) ) ) ss. I, BARBARA CHRISTENSEN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of ail documents and records of the said City and that I have prepared and attached copies of the following documents: I. Ordinance No. 2920, withdrawing an annexed area from Jackson County Fire District No.5 (Pacific Western of Medford, LLC Annexation, end of Clover Lane) 2. Legal description and map. The above items are copies of originals filed in my office and they are correct, true and complete transcripts. Dated thl'S 3rd d f 0 t be 2005 ay 0 cor, . ~~.~ Barbara Christensen, City RecorderffreasJ.1rer Subscribed and sworn to before me this _ day of ,2005. Notary Public for Oregon My Commission expires: . ---I---..-~_.__...- ORDINANCE NO. 'z..q ~O AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (PACIFIC WESTERN OF MEDFORD, LLC, ANNEXATION, END OF CLOVER LANE) Recitals: A. The owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. The Council further finds no electors reside in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing on the question of withdrawal of this property from Jackson County Fire District No.5 was held at 7 p.m., September 6, 2005, in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is declared to be withdrawn from Jackson County Fire District No.5 pursuant to the provisions of ORS 222.111. The foregoing ordinance was first READ on the and ,y PASSED and ADOPTED this ~~) Barbara Christensen, City Recorder jlo 6th day of Seotember , 2005, daYO~~05. SIGNED and APPROVED this cPI day of ~ " ,2005. Approved as to form: ~~.~~ Mike Reeder, Assistant City Attorney ~ \ --------- ----. G:\legal\Office\ORD\A\Annex ard withdrawing dist (Pacific Western of Medford...clover Lane) (9-6-0S).doc . L&S SURVEYING 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-830-4222 Aprill7,2005 Legal description forT39S, IE, 14A, TLI200 "Exlubit A, Annexation Description" COMMENCING AT TIlE NORlHEAST CORNER OF GOVERNMENT LOT I IN SECTION 14, .TOWNSHIP 39 sourn OF RANGE I EAST OF TIlE WILLAMETfE MERIDIAN, JACKSON COUN'IY, OREGON, lHENCE sourn 00.00'21" EAST ALONG TIlE EAST LINE OF SAID LOT I, 883.88 FEET TO TIlE SOUrHEAST CORNER OF mAT TRACf DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUN'IY AND STATE, AND TIlE INITIAL POINT; lHENCE WEST, ALONG TIlE sourn LINE OF SAID TRACf, 433.64 FEET TO TIlE EASTERLY RIGHT OF WAY OF INTERSTATE IDGHWAY 5; lHENCE SOUTH 18.06'12" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; lHENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO nm EAST LINE OF SAID LOT I; lHENCE NORlH 0.00'21" WEST, ALONGSAIDEASTLlNE, 139.81 FEET TO TIlE INITIAL POINT. (?Jp1~.c?z3, Daniel L. Seibert PLS 2541 (/-//-cJS Date REGISTEREO!.li .~ PROFESSIONAl:' . ~ lAND SURVEYOR '.'!P ~--~ OREGOI\I JAN. 21, 1992 . DANIEL I. SE;tlERT · 2541 CITY OF ASHLAND October 3, 2005 Secretary of State 142 State Capital Salem OR 97301 The City of AsWand has approved withdrawal of certain contiguous territory from Fire District No 5. (Clover Lane Annexation). Enclosed are the following documents: I. A Copy of Ordinance #2920, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. ~&;~ Barbara Christensen City Recorder CrrYRECORDERITREASURER 20 EMail S1nleI Ashland. Oregon 97520 www.ashlancl.or.us Tel: 541488-5307 Fax:5414~11 TTY: 800-7~ r~' -1-'- -----....- CITY OF ASHLAND October 3, 2005 State of Oregon Department of Revenue Assessment and Appraisal Division Salem OR 97301 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (Clover Lane Annexation). Enclosed are the following documents: I. A Copy of Ordinance #2920, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. 1 trust that this will comply with the filing requirements as set by State Law. z ~~ Barbara Christensen City Recorder CITY RECORDERlTREASURER 20 E Main Sl Ashland, OIegoo 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541-552-3059 T1Y: 800-735-2900 r.l' ~~---.---_.'.. CITY OF ASHLAND October 3, 2005 Jackson County Surveyor 10 S Oakdale Medford OR 97520 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (Clover Lane Annexation). Enclosed are the following documents: 1. A Copy of Ordinance #2920, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. s~~~ Barbara Christensen City Recorder/Treasurer CITY RECORDERlfREASURER 20 e Main Street Ashland. OI!gon 97520 WWN.ashland.or.us Tel: 541-488.5307 Fax: 541-552-2039 T1Y: 800-735-2900 r~' ,-------.- CITY OF ASHLAND October 3, 2005 Jackson County Clerk 10 S Oakdale Medford OR 97520 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (Clover Lane Annexation). Enclosed are the following documents: 1. A Copy of Ordinance #2920, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. 1 trust that this will comply with the filing requirements as set by State Law. Sincerely, d~ CL~ Barbara Christensen City Recorderrrreasurer CITY RECORDERlTREASURER 20E Main Slreet Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541-488-5311 TTY: 800-735-2900 1'.' -T- ---- CITY OF ASHLAND October 3, 2005 Jackson County Assessor 10 S Oakdale Medford OR 97520 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (Clover Lane Annexation). Enclosed are the following documents: 1. A Copy of Ordinance #2920, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. 1 trust that this will comply with the filing requirements as set by State Law. Sincerely, ~~~ il:j ~M-d~ CITY RECORDERJrREASURER 20 EMail Street Ashland. Oregoo 97520 www.ashland.or.us Tel: 541-488.5307 Fax: 541-552.2059 m: 800-735.2900 ".11 Notice to Taxing Districts ORS 308.225 nOR 15-1132-2005 ~REGON ~ DE~ARTMENT __OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945.8297, fax 945-8737 City of Ashland City Recorder 20 East Main Ashland, OR 97520 :g; Description ZJ Map received from: CITY On: 10/7/2005, 11/2/2005 This is to notify you that your boundary change in Jackson County for WITHDRAW FROM JACKSON CO. FIRE DISTRICT #5 ORD. #2920 has been: Z Approved Disapproved 11/14/2005 Notes: Department of Revenue File Number: 15-1132-2005 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: X Change The change is for: Proposed Change Formation of a new district -. i Annexation of a territory to a district [:><:J Withdrawal of a territory from a district ~J Dissolution of a district U Transfer [] Merge i Establishment of Tax Zone Taxing District copy - Copies to: County Assessor, Department of Revenue, County Commissioners or County Court/Boundary Commission (If appropriate) r--...-. Notice to Taxing Districts ORS 308.225 City of Ashland City Recorder 20 East Main Ashland, OR 97520 [Xl Description r-' Map received from: CITY On: 10/7/2005 This is to notify you that your boundary change in Jackson County for WITHDRAW FROM JACKSON CO. FIRE DISTRICT #5 ORD. #2920 has been: 1--1 '_J Approved 2<: Disapproved 10/20/2005 Notes: NO MAP SUBMITTED WITH ORDINANCE. Department of Revenue File Number: 15-1132-2005 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: X Change The change is for: Proposed Change I 'Formation of a new district [_~ Annexation of a territory to a district ~ Withdrawal of a territory from a district [j Dissolution of a district Transfer I . . Merge Establishment of Tax Zone ~l'\~ DOR 15-1132-2005 ~REGON ~~ DE"PARTMENT WOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 Taxing District copy - Copies to: County Assessor, Department of Revenue, County Commissioners or County Court/Boundary Commission (If appropriate) L&S SURVEYING 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-830-4222 April 17,2005 Legal description for T39S, IE, 14A, TLI200 "Exhibit A, Annexation Description" COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 14, TOWNSHIP 39 SOUTH OF RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, JACKSON COUNlY, OREGON, THENCE SOUTH 00000'21" EAST ALONG THE EAST LINE OF SAID LOT I, 883.88 FEET TO THE SOUTHEAST CORNER OF mAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNlY AND STATE, AND THE INITIAL POINT; THENCE WEST, ALONG THE SOUTH LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY RIGHf OF WAY OF INTERSTATE mGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG SAID EASTERLY RIGHf OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHf OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT I; THENCE NORTH 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO THE INITIAL POINT, ~~vz!), Daniel L. Seibert PLS 2541 Y'-/7oS' Date REGISTERED ~ ." PROFESSIONAt , . ;~;, LAND SURYFYOR >,' ~._~ OR(GO/ll JAN. 21, 1992 ~ DANIEL L SE.bERT · 2541 -...-.--.,- Bill Bradbury SECRETARY OF $T A TE ARCHIVES DIVISION ROY TURNBAUGH DIRECTOR OFFICE OF THE SECRETARY OF ST ATE 800 Summer Street NE Salem, Oregon 97310 (503) 373-0701 Facsimile (503) 373-0953 October 11, 2005 City of Ashland City Recorder 20 E Main Street Ashland, OR 97520 Dear City Recorder, Please be advised that we have received and filed, as of October 11, 2005, the following records withdrawing territory from the following: Ordinance/Resolution Number(s) Our File Number OR NO 2920 Qackson Co Fire District NoS) AN 2005-0224 For your records please verify the effective date through the application of ORS 222.180. Our assigned file number(s) are included in the above information. Sincerely, '-.,. . d",,-Je. ~-t Linda Bjornstad Official Public Documents cc: County Clerk(s) ODOT Department of Revenue Population Research Center CITY OF ASHLAND State of Oregon County of Jackson ) ) I, Barbara Christensen, City Recorder/Treasurer for the City of Ashland, duly caused to have posted four (4) copies of the Notice of Withdrawal of Certain Real Property from Jackson County Fire District No.5 to the City of Ashland, see attached exhibit "A"; Clover Lane Annexation in four (4) public and conspicuous places in the City of Ashland, Oregon for two successive weeks beginning on August 23, 2005 through September 6, 2005, and that the following are the public places within said city where said Notice of Annexation Hearings were so posted and kept posted as aforesaid: 1. City Hall 2. Albertson's Grocery Store 3. Ashland Cooperative Food Store 4. Jackson County Library - Ashland Branch (Reference Desk) The s .ct po stings wer~,e ~ aforesaid by direction of the City Recorder. 'laA ~~ Barbara Christensen, City Recorder/Treasurer This instrument was acknowledged before me on AU\)L\b-~ ';),'d-, ~ao'5 by Barbara Christensen. ~ vIYl. --J-ue,a-V Notary Public for Oregon My Commission expires: '\C\IOq . OFFICIAL SEAL APRIL M. LUCAS NOTARY PUBLIC-OREGON COMMISSION NO. 388338 MY COMMISSION EXPIRES JAN. 09, 2009 DEPARrMENT HERE Street Address Ashland. Oregon 97520 www.ashland.or.US Tel: 541-488.6002 Fax: 541-466-5311 TTY: 800-735-2900 rtl' NOTICE OF PUBLIC HEARING The City of Ashland finds that the owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. The Council further finds that no electors reside in the tract to be annexed. Pursuant to ORS 222.524 a public hearing shall be held on September 6, 2005 at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District No.5. All persons may appear before the Ashland City Council and be heard on the question. LEGAL DESCRIPTION "Exhibit A., Annexation Description" COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 14, TOWNSHIP 39 SOUTH OF RANGE 1 EAST OF THE WlLLAME'ITE MERIDIAN, JACKSON COUNIY, OREGON, THENCE SOUTH 00000'21" EAST ALONG THE EAST LINE OF SAID LOT 1, 883.88 FEET TO THE SOUTHEAST CORNER OF lHAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNIY AND STATE, AND THE INITIAL POINT; THENCE WEST, ALONG THE SOUTH LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE IDGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTII 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO THE INITIAL POINT. . Publish: August 23, 2005 and August 30, 2005 By: Barbara Christensen, City Recorder Notice to Taxing Districts ORS 308.225 City of Ashland City Recorder 20 East Main Ashland, OR 97520 . t:><J Description [><:J Map received from: CITY On: 8/9/2005 nOR 15-1119-2005 ~REGON ~~ D~PARTMENT .OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 This is to notify you that your boundary change in Jackson County for ANNEX TO CITY OF ASHLAND RES. #2005-33 (CLOVER LN) has been: ~ Approved 8/12/2005 ,-~ l-.J Disapproved Notes: Department of Revenue File Number: 15-1119-2005 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: ~ Change r::J Proposed Change The change is for: [J Formation of a new district i:><:: Annexation of a territory to a district '~ Withdrawal of a territory from a district lJ Dissolution of a district L_" Transfer !-i 'c. Merge I J Establishment of Tax Zone Taxing District copy _ Copies to: County Assessor, Department of Revenue, County Commissioners Of County Court/Boundary Commission (If appropriate) Bill Bradbury SECRETARY OF STATE ARCHIVES DIVISION ROY TURNBAUGH DIRECTOR _. _. OFFICE OF THE SECRETARY OF STATE 800 Summer Street NE Salem, Oregon 97310 (503) 373-0701 Facsimile (503) 373-0953 August 9,2005 City of Ashland City Recorder 20 East Main Street Ashland, OR 97520 Dear City Recorder, Please be advised that we have received and filed, as of August 9, 2005, the following records annexing territory to the following: - Ordinance/Resolution Number(s) Our File Number RES NO 2005-33 AN 2005-0182 For your records please verify the effective date through the application of ORS 222.180. Our assigned file number(s) are included in the above information. Sincerely, c7- 01 ela--~-iL Linda Bjornstad Official Public Documents - _. cc: County Clerk(s) ODOT Department of Revenue Population Research Center ANNEXATION PROCEDURES CHECK LIST: LOCATION ~.t(~ ?,,^1J--//2- PLANNING ACTION #~1U:SOLUTION #_ ORDINANCE #_ DATE COMPLETED NOTE: / 1. Check with Finance on any proposed annexations during the period of May 20 through June 30. May effect tax benefits. Refer to ORS 222.040 - Delay of effective date of actions under this chapter because of election. ORS 308.225 - Description and map showing changes or proposed changes MUST be filed, or postmarked, with Department of Revenue no later than March 31, to be on the tax rolls for the next fiscal year. Final description and survey map received from Public Works. (Send copy along with request of resolution to City Attorney, keep all other copies for filing) RESOLUTION No. 2. Planning Department will coordinate date for annexation with Recorder. City Attorney will prepare resolution setting the date for a hearing. This resolution will direct Recorder to publish & post notices: a) Publish notice once each week for two consecutive weeks prior to date of hearing in newspaper of general circulation. b) Post notices in four (4) public places for period of first publication through date of hearing. ORDINANCE No. ~~--_."'.----.---._~--_._._.. -- 3. At the time 0 annexation public hearing, council WI c . r ordinance proclaiming R authorizing annexation agreement. When adopted do the following: f.pJ..;Jf1. (ff-'" a) Mayor & Recorder sign ~ce. If it is an authorization for an annexation agreement, file two certified copies in folder. No further action is taken on annexation agreements until annexation is proclaimed. ~ "----T~ -~" ~--- DO THE FOLLOWING FOR PROCLAMATION OF ANNEXATION: b) Obtain copy of map. Map should include address of property annexed, which should be obtained from county records. If there is no address, notate on map. (ORS 222.005) c) Request original consents to annex from Planning.,J.JJrt (SY../ Within ten (10) days of "DaSSal!e" of ~ by council (ORS - 222.005), provide copies of signed ordinance, including map, by certified mail to all public utilities. 3. 4. As soon as possible, transmit to Secretary of State with letter: (ORS 222.177) a) Certified copy ofresolution setting the public hearing. b) Certified copy of ordinance proclaiming the annexation. c) Certified copy (ies) of consents to annex. .. RESOLUTION NO. 2005- ''6'2.- A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5, AND DIRECTING PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (PACIFIC WESTERN OF MEDFORD, LLC, ANNEXATION, END OF CLOVER LANE) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to ORS 222.524 a public hearing shall be held on Septem- ber 6, 2005, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of property described on the attached Exhibit A, from Jackson County Fire District NO.5. All persons may appear before the Ashland City Council and be heard on the question. SECTION 2. The city recorder is directed to give notice of the hearing as required by ORS 222.524(2). SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 uly PASSED and ADOPTED this 2- day of ALIS] u'!Sl- , 2005. I!A;~ Barbara Christensen, City Recorder SIGNED and APPROVED this '2:. day of A\). '3'...1 ht- ,2005. ~ad~ Kate Jackson, Council Chair Reviewed as to form: ~vV/tA Micheal M. Reeder, Assistant City Attorney 1- Resolution G:\RECORDERICITY COUNCIL PACKETSIPACKET FILES\200S.2006\200S-QS02\DONEIWITHDRAWAL RESO SETTING PUBLIC --~ L&S SURVEYING 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-830-4222 April 17, 2005 Legal description for T39S, IE, 14A, TLl200 "Exhibit A, Annexation Description" COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT I IN SECTION 14, TOWNSHIP 39 SOUTH OF RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, JACKSON COUNTY, OREGON, THENCE SOUTH 00000'21" EAST ALONG THE EAST LINE OF SAID LOT 1, 883.88 FEET TO THE SOUTHEAST CORNER OF THAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNTY AND STATE, AND THE INlTIAL POINT; THENCE WEST, ALONG THE SOUTH LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY RlGHf OF WAY OF INTERSTATE HIGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG SAID EASTERLY RlGHf OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RlGHf OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTII 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO THE INlTIAL POINT. ~~vz9, Daniel L. Seibert PLS 2541 t?-/7dS Date REGISTERED ~ ' PROFESSIONAt, .~~, LAND SURVEYOR' ',' --r--~-'._'- ::l i 11 ::~ ~ . ~ ~ ~j ; ~ ~ i]~ i ). r.:~lnw~ .i ~ g~~i el (f) lL....~::E 10.. l\ 'li_ .~ \'-/" "-- " '" ...;a - .. '" ... >- o:E :z:. lU~w 0 > ~ ti ci ~ Q:: ::IE:z 0 i5l ~ ~ ~ 10 ..., 3:: ~ ~ L.. :z: ~ ..... 0 Ow 00 jb.i~;;; 0.. :z _ 0 III .~ ~ Ii ij ,..c ~. ~ '" v; g~ ~ .., " "\, ."" " , ' ~ 1 1071N3HNd31\O!J 3N11 lSt/3 \ \\':!. ~.tL9{"Xllna ltllZI ~) \. ~I, "'it": ] .IZ,oo.OO S (IlZ6iOlSO) ~ 9; I' 1, SO 'G SE)NfHV38 JO SlSV8 I it !, ,'" \ - - , i ~~~ \'J, i ,"S. ~" : ! ...")0 !~ IN OO'OO'21"W 13981' A, (II) 1J".II\ - (, ~ ... u ~~mm ~~ uutJuuu ,., ~ ~ '^'+ b'" '%~ '^ tn6(1'1) eHe(ll) ~ II ~~" "!-\."::I ../ ~ \. ," .~ I I ~~ I f* I Ii I i~ I !~ - I I /~:;;:" I r"/''/ y'" $\ ~ttr-<:tfi '\ ~,r/"/ ~ \ ~<f1& /\ \ ,..;.~_=- ' \l~ :+....c?~ f.\ \ ~~~ I \\ 1 .___'" _$---- I' I Qil;e.'~E <0, r--;L. 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If) WZWl-lIlji c> :I:Oj!:lIl< Z I- ~.6 ~ ~~~~:~~ IJl ~<~ct:Zo:~ '"- Q~~~~~~ o ffiqllllllo III '" ~Z~~l!;~~ ii) w~z G:z Ol ~~iH1~~~ ~~~~ ~..i';ffi Z ~~ 2\50..:;:> ll::...o5 I!! z~ ~~~~ }215i€~ (I'I:I:\I)_ ~iBll:: r01id ~3i~~ ll::r.io....... ~"~i !!2':i~o~ F~I-3io: l!;~"'~~ t..Jm~~~~ ;::..O)-QlII i=8:O:j:Iii!::t;:j -<::.<$::l!:lIl Q::o..~o:J ~wag:'~w ZFIO::!O~ //..-..-"'------............ , ' /i ~~ ", /,/ \fl \~\ '\\ t. '10 "'!:....'" \ / ,... 1"'''' \ / ...'{!....... \ t ". "., IUWtl (~) \ / ',:- "In M.t;.lt.oos(") \ , ' , ' r f \ , ' , ' ! \\\""> \ , ~ ,. ~. \ ~ ' ! g* \ ,\ ~~ \ ~ 8 0 \ I U "~I al 1:l . ' i 8!!i ~i : ~ Iii ~ ~ : i ~@..:.~ '1 w ~ ~ ! \ i\!!I!"V" ' ! \ ',' i : , ' , ' I i r , ' , ' \., I t' / I Ie ,'(:;'6M.VO,L1.OOS / \ on HUION(1tl " , l \ ' \.-/. \ ;' \ ~\ / '\ ~" "i..... /. , ... ~,'6 / , ~- -, '1.'B ' '...... ,,' ..........-----............ ~ " t ~ II" ~ )> () () o c Z -i .. ~ IC::S 1<::) ~ ~ [~ I~ i~ ~ ~ ~ j...... 0_0 :JJ ~m ~ () 0-" -0 o C --j r- "':D::I: 0 -< mm -< 0)> m 'TiC m 022 (f) <G) G5 mZ Z ,,)> )> ~c! 2 8:D :D -P."! !11 FAX TRANSMITTAL FORM DATE: August 4, 2005 Ur>n .-:N Q 0' ~~ a ;! r- C m III o :D '6 -i o z r- ~ ::j m c "II c: :II o :J: ~ III m o :II c m :II JJOOzm ii:: o c: Z -i --T CITY OF ASHLAND o )> -i m m ill ~~ ---=--- NOTICE OF PUBLIC HEARING The City of Ashland finds that the owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. The Council further finds that no electors reside in the tract to be annexed. Pursuant to ORS 222.524 a public hearing shall be held on September 6, 2005 at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal ofthis property from Jackson County Fire District No.5. All persons may appear before the Ashland City Council and be heard on the question. LEGAL DESCRIPTION "Exhibit A, Annexation Description" COMMENCING AT TIlE NORTHEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 14, TOWNSHIP 39 SOUIH OF . RANGE 1 EAST OF TIlE WlLLAME1TE MERIDIAN, JACKSON COUNlY, OREGON, THENCE SOUIH 00000'21" EAST ALONG TIlE EAST LINE OF SAID LOT I, 883.88 FEET TO TIlE SOUlHEAST CORNER OF mAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNlY AND STATE, AND TIlE INlTIAL POINT; THENCE WEST, ALONG TIlE SOU1H LINE OF SAID TRACT, 433.64 FEET TO TIlE EASTERLY RIGHT OF WAY OF INTERSTATE IDGHWAY 5; THENCE SOUIH 18006'12" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO TIlE EAST LINE OF SAID LOT I; THENCE NORlH 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO TIlE INlTIAL POINT. Publish: August 23, 2005 and August 30, 2005 By: Barbara Christensen, City Recorder CITY OF ASHLAND August 4, 2005 State of Oregon Department of Revenue Assessment and Appraisal Division Salem OR 97301 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Clover Lane Annexation). Enclosed are the following certified documents: I. Resolution #2005-33, annexing the area. 2. Legal description and map. 3. Consent to Annexation. I trust that this will comply with the filing requirements as set by State Law. ~ Barbara Christensen City Recorder/Treasurer Enclosures CITY RECORDERlTREASURER 20 E Main St Ashland. Oregon 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541.552.3059 TTY: 800.735.2900 rj.' CERTIFICATE OF CITY RECORDER State of Oregon County of Jackson City of Ashland ) ) ) ss. I, BARBARA CHRISTENSEN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said City and that I have prepared and attached copies of the following documents: I. Resolution No. 2005-33, annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. (Clover Lane Annexation) 2. Legal description and map. 3. Irrevocable Consent to Annexation. The above items are copies of originals filed in my office and they are correct, true and complete transcripts. Dated this 4th day of August ,2005. ~&-~ Barbara Christensen, City Recorder/Treasurer Subscribed and sworn to before me this ~ day of AUC) US\- ,2005. . OFFICIAL SEAL APRIL M. LUCAS NOTARY PUBLIC-QREGON COMMISSION NO. 388338 MY COMMISSION EXPIRES JAN. 09, 2009 ~ ~ '-'\l'1 . '-J-uco.-V Notary ubhc for Oregon q ~l DC\ My Commission expires: RESOLUTION NO. 2005- 6~ A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (PACIFIC WESTERN OF MEDFORD, LLC, ANNEXATION, END OF CLOVER LANE) RECITALS: A. ORS 222.125 permits the city to annex the property described in the attached Exhibit A without an election and without a public hearing when all of the owners of the property to be annexed and not less than 50% of the electors, if any, residing on the property consent in writing to the annexation. B. The sole owner of this property has consented in writing to the annexation. There are no electors residing on the property. C. The land use application for annexation has been heard and was approved with findings and the order for annexation adopted by the city council on October 21, 2003. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution. SECTION 2. Upon the effective date of this resolution, the City Recorder, in accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a copy of this resolution, a copy of the Statement of Consent from the landowner of the tract annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code ~2~A&:~~3D this 2- day of A:u~..l""+- , 2005. Barbara Christensen, City Recorder SIGNED and APPROVED this '6 day of I\U~Uh*" ,2005. ~~~- Kate Jackson, Council Chair Reviewed as to form: ~ flY> v v--..... Micheal M. Reeder, Assistant City Attorney .~._-_._-- L&S SURVEYING 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-830-4222 April 17, 2005 Legal description fur T39S, IE, 14A, TLI200 "Exhibit A, Annexation Description" COMMENCING AT TIlE NORTIlEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 14, TOWNSHIP 39 SOU1H OF RANGE 1 EAST OF TIlE WILLAME'ITE MERIDIAN, JACKSON COUN1Y, OREGON, THENCE SOUlH 00000'21" EAST ALONG TIlE EAST LINE OF SAID LOT 1,883.88 FEET TO TIlE SOUTHEAST CORNER OF THAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUN1Y AND STATE, AND TIlE INITIAL POINT; THENCE WEST, ALONG TIlE SOUlH LINE OF SAID TRACT, 433.64 FEET TO TIlE EASTERLY RIGID OF WAY OF INTERSTATE IflGHWAY 5; THENCE SOU1H 18006'12" EAST, ALONG SAID EASTERLY RIGID OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT I; THENCE NORTH 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO TIlE INITIAL POINT. ~~~z5t. Daniel L. Seibert PLS 2541 <?-/7dS Date REGISTEREO .!li " PROFESSIONAl: ., .:~, LAND SURVEYOR .'f ~--Q. OREGON JAN. 21, 1992 . DANIEL L. SEiilERT · ~541 ~ t~ '0'" ~ ~,~ ~ ~ 1;;1]".,;.," ~ j!"'-h ~gn Ll. ~, 11 \~/ '-- " " ..0 - " ~ ~ ?:': i:: w ~ ~ 0'" " ::> 10I we.... 0::: VI ~ 2: It: ::> ,:;1:l ~ 1I) - i '" /:: ... ~,. La- :z.: l:i to.:)8 0'" " '. j!;iJ t ,. 0.. %. _ 0: g '<:( - :\0: ~ ~ ~ ~ g vi ~ iil >-' "'." \ i!~"ON'::r7'(] ,,'. . \ ' I . 1 101 1~3HN/l3"09 3N11 1S., \ \\ \ "'''(",,~m''''''') ~ \ \l' ].lz,oo.ooS('n;I~): ~'6 SVNI~V38 jQ SISV8 It l ,.... \ \ ' I" ~w..\ ~<;. i \,'11 ...~ , I ....'006 !~ ,/ NOO'.OO'21"W '39.81' .A' ,.". -, Ss S! lfiiill Q:(It utJtJUUtl '"' t'n8(10 1$"t6{1I) II ...11" l~ ----- \ ~ l \.. \~ .~ I I ~, I i~ I Ii I i! I !tl - I I /~_=~::>I , ___-.~.././;; \$ to _'/'~'?A.,I;. \ ~~.::--' ,,~.... ,.....~. .. \ .-,-,,~~ . \",,~4'~: "\ " \ ~-~--"~;o$-- u~_lL' : %~q,1>. ; : ~ Qo \ .:', I _;;.~~_- ,.:-,~, 'tit',I / _,_--......... "'';;-- _->,/ 7, /\ " "'~//I -- I ~ I ~ I I ~ r~ I I ~ I~~ I ~ ~ I ~ I ~ o il~L~ ~ U~H~! &ggl!~.E . ~ " " I 0 . ~ a. F . "! ~ii ,,0 IlIg g .0 ..., ~~ vi..: ~- ~ " ~, / ,//,-- I , /'~ /1 \\, / '-'. \;., I ' / -'" en HUIOH(l1l I,-~~' \t'.M...".Il:.00s(~ I , , I , , , , , I , , I , , , , , , , , , , , , , , , , , , , , , , , , , , , , , \/ ~~. /R"I M.IIO.l.LOOS \ / O"fIL~OO " / t \ \( \ , \" ~t '''', ",1> " ........-----...." ~. ;cl~]] .... ~:I / . ~ " D I \1l.,,,1f.\-'~ \ ~ ~ " ~ UJ ..J .", ~&l '0 ~~ -:0 o UJ' a: \ ~'''' 'I~ "'-lOp 3..(C'.~L~Ol:S(") ..-" ~ g~@ ~~~~i51i ~~i~~~ ;!:w5'O~"" ~"IIl",~~ i3~~~~~ i~d~~ ~"I~!l'~ ~ ii, 1~ i~~ II) I&IZ~:;;~:g CJ FOt=- -< d a;: g .J::NZ ~ ;J~~g~ k. ~-o{~!i'l3i1:~ O...C! 1/)0 III '" z,~~~Iij~ (;j-~el~ li:z ;;>; ~f'8~3Iiil ~'-\ \~" " \ ';0,..\\ \\ \ '. \ 'i'. I i'\;- . ,.' iii '_' ... 'i \ ;~ ~ . .. go H ~ 'II 8 <l ,iI Bl \ II j6 ij ~~ ; ~ ~ ~ .'." ~~ ; €- ~ ,', r~ " I" \,.,.././.".'Y...1" :/:/ii", - ,/ :.:,' ,/ .' I&~ ~I; ~~!, Ll. i- ~ ~~ " ~ " & I 8 " .. () o C a: LU "- en Z o F ~ a: a: o () en LU a :::> ..J () ~ 0>- LU > a: :::> rn ~~~'" 1oI~&~ ~~f~ ~Ii~~ o...~z ~ffi~~ ~i!l~ !iili~~ ~B~"- !l;~i . ~D.~~~ ~~gli!~ ...~~"'~~ .:;:.. )-i5", ",g,!l;~!ilii ~~~o=* ~ ~gS'f5~- -, ........." , , , " , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 1 , , 1 I I I I , , I I , I I. I I / / / ~ ~ ," ., - ~ ~ ~ ~ ...\ \' ,'il ft " .. ~ ~ ~ CITY OF ASHLAND lRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See-attached Exhibit "A" In consideration of the application for annexation and subsequent connections from the property to City of Ashland services, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consen~nnexaAis irrevocable. Dated this L ~ay of ~3 ~005. 11 '1UA y1100lx I tJ{ 7! ~ 1it~d-tD vd -e: 6--t:e:V V( EJI.. 7 l--I f- .C. Signature: Owner ) ) County of Jackson ) Personally appeared the above named Bc)b p c1ge12sJ-sof) and acknowledged e fo . . e his voluntary act. and. deed. Q n . OFFICIAL SEAL ~. .Y--~ NorJv ~:=EGON . , . 7 ;C,-{? COMMISSION NO. 381525 Not ublic for Oregon .) MY COMMISSION EXPIRES APR. 07. 2009 11./ -1 , ([/1 My Commission expires: ~ I . v 1 State of Oregon ss: CIty of Ashlend 20 E. Main Street Ashland, Oregon 97520 www.8shland or us r., CITY Of ASHLAND August 4, 2005 Secretary of State 142 State Capital Salem OR 97301 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Clover Lane Annexation). Enclosed are the following certified documents: I. Resolution #2005-33, annexing the area. 2. Legal description and map. 3. Consent to Annexation. I trust that this will comply with the filing requirements as set by State Law. Sincerely, ~ Barbara Christensen City Recorder/Treasurer CITY RECORDERlTREASURER 20 E Main Street Ashland. Oregon 97520 www.ashland.or.US rei: 541-488-5307 Fax: 541-488-5311 TTY: 800-735-2900 r~' CERTIFICATE OF CITY RECORDER State of Oregon County of Jackson City of Ashland ) ) ) ss. I, BARBARA CHRISTENSEN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of ail documents and records of the said City and that I have prepared and attached copies of the following documents: 1. Resolution No. 2005-33, annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. (Clover Lane Annexation) 2. Legal description and map. 3. Irrevocable Consent to Annexation. The above items are copies of originals filed in my office and they are correct, true and complete transcripts. Dated this 4th day of August, 2005. ~ tZ-~ Barbara Christensen, City Recorder/Treasurer Subscribed and sworn to before me this ~ day of AU<jUS1 ,2005. . v4~ \{Y\ . --;\..LA~ Notary Public for Oregon OFFICIAl SEAL APRIL M. LUCAS NOTARY PUBUC-OREGON COMMISSION NO. 388338 MY COMMISSION EXPIRES JAN. 08. 2009 \ lo. ( Oq My Commission expires: ) ASHLAND ANNEXING A A RESOLUTION OF n1~ CITY OF s~LANO OREGON, AND CONTIGUOUS AREA TO 11-IE CITY OF A · ~N OF PROVIDING FOR AN EFFECTNE DATE. (pAClrIC WEST!' ,",EOFORO, LLC, ANNEl<ATION. END OF CLOVER LANEI RESOLUTION NO. ~005..: O~ RECITALS', A ORS 222.125 pennhe the c"' to "n'oX the p,ope"" desc,ibed in \he attached 8<hibit A wtthoUI an elechOn and wtthOUt a publiC hearing when all of the oWneCS of \he p,ope"" to be annexed and not Ie" than 50% of \he electocs, it any. reaiding on \he pcope"" consent in writing to the annexation. B. The ,ole """". of \hie p.ope"" hhe ",neentad in w.aing to \he annexation. There ace nO electors residing on the property. C. The \and uee applioatiOn to, annexat"'" "" _n hea'" and ,",,' app,,,,",, wilh ftndiOll' and \he o"'e' foe annexa""n adopted by \he "'" ",uncil on Oct....' 21, 200'. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: ~ECTlON '.' The land desonbed in \he attached Exhibit .t<' " "",tlguou, to \he C"' of Mhland and" 1008,"" in Ja_n County, O,egon. and" pcoclaimed to be annexed to Ihe City of Mhland he p"""ded in ORS 222,125 and section 2 of thie ResolutiOn SECTION ~. Upon the effeotNe date ofthis ,esolution. \he City Re",,,,e,, " "",,,,anoe wi\h ORS 222.1 T1. ,hall t..",mtt to \he secreta'" of \he stale of oregon. a ooPy of Ih" ,esolu,on. a ",py of \he Statement of con",nt fcom \he landoWne' of \he ..ot annexed and shall ,ubmit a ",py of \hi, re""ution to \he County Maesao' and County surveyor of JaCKSon County, Oregon. SECTION., This re",lution takes effeCI upon ,igning by the ....yo,. Thie re""ution '"'" reed by btle only in a="'anoe with Mtiland ,",unlcipal Code '2~As~~:~\hi' _ ~ day of _ I\;'~"~\- ,2005. Barbara Christensen, City Recorder ' SIGNED and APPROVED \hie 0,. day of _ i'u ~ ,I'>I- . 2005. _~ J~- Kate JaCKSon, council Chair Reviewed as to form: J~ /I"" '/'1f--.- Michea\ M. Reeder, Assistant City Attorney / CITY OF ASHLAND IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the application for annexation and subsequent connections from the property to City of Ashland services, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property Is Initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consen; t?~nneXaAls irrevocable. Dated this L ~ay of ~6 ~005. 1i ~ UA vtt- ) /4171 ~ rtc~cftV VJ -e'v--rrV V( E)\- 7 t-, f- .c. Signature: Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named ~)b p ctgeJZ.sJ:5cr} and acknowledged .~ 'OF~IALSEAL e his vOI~untary act and deed. n ~ NorJ" ~~~EGON " .' 7;t.'-(J ~ COMMISSION NO. 381525 Not ublic for oregon, fl MY COMMISSION EXPIRES APR. 07, 2009 '" !ii' rr/1 My Commission expires: __I [1 , City of Ashland 20 E. Main Street Ashland, Oregon 97520 www.ashland or us ,., CITY OF ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Fiscal Impact: Background: Planning Action 2003-112, Clover Lane (Annexation) Community Development October 21, 2003 John McLaughlin, Director of Comm y Development Bill Molnar, Senior Planner Gino Grimaldi, City Administrator Planning Action 2003-112, is a request for Annexation and a Zoning Map Change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-l (Employment) for a 1.32-acre parcel located at the southern terminus of Clover Lane. The applicant is requesting a City zoning designation of E-l, which is consistent with the property's Comprehensive Plan designation of Employment. The E-l zone allows for a variety of commercial and light industrial uses. If the City Council approves the Annexation, the applicant proposes to extend Clover Lane from the existing cul-de-sac southward approximately 140-feet, creating a new parcel (A & B) two either side of the street. Additionally, the applicant received Site Review approval to construct an approximately 9,000 square foot light-industrial commercial building on parcel "A" (building "A") and approximately 10,000 square foot light-industrial commercial building on parcel "B" (building "B") At its meeting on September 8, the Planning Commission made a recommendation that the City Council approve the request for Annexation of the 1.32 acre parcel. No action is required by the City Council on the Partition and Site Review component of the application because that was approved by the Planning Commission. No fiscal impact to the City of Ashland. At its meeting on September 8, 2003, the Planning Commission reviewed the application for Annexation and Zoning Map amendment from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-l (Employment) for a 1.32 acre parcel located at the end of Clover Lane, south/southeast of the Holiday Express Inn. The application also includes a request for a two-lot Land Partition and Site Review approval for the development of two light industrial buildings on the property. On September 8, 2003, the Planning Commission approved the Land Partition and Site Review request to construct two buildings for light industrial/manufacturing use. The decision of the Planning Commission on the land Partition and Site r. , BEFORE THE PLANNING COMMISSION AND CITY COUNCIL FOR THE CITY OF ASHLAND. OREGON A REQUEST FOR ANNEXATION OF ) A PARCEL OF 1.32 ACRES TO THE ) CITY OF ASHLAND: TWNSP.39S, RIE, ) SECTION 14A, TAX LOT 1200: ) Pacific Western of Medford, L.L.C., ) Applicant; Bob Robertson, Attorney at ) Law, Agent ) REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Background Information: Applicant: Pacific Western of Medford, L.L.c. 1175 East Main Street, Suite IF Medford OR 97504 Agent: Bob Robertson, Attorney at Law (Same as above) Location: South ofE. Clover Lane, East of Interstate 5 and West of the terminus of Spring Creek Drive Zone Designation: The property is zoned E-I (Employment) Comprehensive Plan Designation: E-I (Employment) Request: This request for a variance is submitted pursuant to Chapter 18.100 of the Ashland Municipal Code. Applicable Standards: The applicable standards that apply to this application are contained in the following sections of the Ashland Land Development and Zoning Ordinance: 18.40 Employment District 33 18.72 18.106 18.100 Site Design and Use Standards Annexations Variances ll. Relevant Facts Pertaining to The Site 1. Detailed Description of the Site and the Proposal: This request involves a property approximately 1.32 acres in size. The property is located on the south end of East Clover Lane, south of the Greensprings Highway, and immediately east of Interstate 5. The land has a gentle slope to the south and has no notable trees or significant natural features. Annexation and Site Review: The proposal involves a request to annex 1.32 acres in size into the city of Ashland and develop the property with an office complex. The Comprehensive Plan designation for the site is Employment, and the request concurrent zoning designation (upon annexation) is E-l. As noted, Site Review is required in all E zones. As part of the Site Review, a new public street will be extended into the property as shown on the site plans filed with this application. Site Review criteria will be addressed below as part of this application. 2. Project Impact: As noted, this application includes an Annexation and a Site review in an E-l area for the construction of a new office complex and street extension. The issues surrounding the annexation are, specifically, extension of City Services and citywide Transportation System improvements. These will be discussed further below. ill. Criteria and Demonstration of Compliance: Annexation Criteria. State of Oregon: Annexations are governed under the provisions of Chapter 222 of the Oregon Revised Statutes, and applicable municipal ordinances. Under the provisions of the criteria contained in ORS 222.111, cities may extend their boundaries in response to a request for annexation by owners of the territory to be annexed. Under the provisions of ORS 222.125, the legislative body of a city need not call or hold an election in the city or in any contiguous territory proposed to be annexed, or hold the hearing otherwise required under ORS 222.120 when all of the owners of land in that territory and not less than 50 percent of the electors, if any, residing in the territory, consent in writing to the annexation of the land, and file a statement of their consent with the legislative body. 2 - Revised Findings of Fact 34 FINDING: The property owner in this case has prepared and submitted a written notice of consent to the annexation of this property to the City of Ashland, which is evidenced by a signed and notarized "Consent to Annex" petition attached to these findings. With this demonstration of compliance, the City of Ashland can find that the applicant has complied with the applicable provisions ofORS 222.125. Annexation Criteria. Citv of Ashland: The criteria for approval ofan annexation are described in Section 18.106 of the Ashland Land Development Ordinance. These criteria are: "An annexation may be approved if the proposed request for annexation conforms, or can be made to conform, through the imposition of conditions. with the following approved criteria: A. The land is within the City's Urban Growth Boundary. FINDING: The subject property, described as T.39, R. IE, Section 14A, Tax Lot 1200, is located with the City of AsWand Urban Growth Boundary. The north and the east property lines of the parcel are currently abutting the existing city limits of the city of Ashland. The City can find the application is consistent with this standards. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. FINDING: Adequate city water, sewer, streets, electrical facilities and drainage facilities exist in the vicinity of this annexation. Currently, water, sewer and electrical are stubbed to the end of East Clover Lane and Spring Creek Drive. No moratorium has been declared for any of these facilities, and as such it is recognized that adequate capacity exists system-wide for these facilities. Based upon information gleaned from the City of Ashland Engineering and Public Works Department, an 8" sanitary line has been extended south on East Clover 3 - Revised Findings of Fact -as- Lane to a point just north of the subject property. Additionally, there is an 8" ductile iron water line located in East Clover Lane, but it terminates approximately 300 feet north of the subject parcel. These services are extended from an 8" water transmission line in Highway 66 at the intersection with East Clover Lane, and a 10" sanitary sewer line located there as well. To the east, an 8" ductile iron line is extended on Spring Creek Drive to a point nearly abutting the subject property, and there is an 8" sewer line located in that right-of-way as well. Additionally, there is a 24" storm drain line located in Spring Creek Drive, which can be extended to serve the subject site. Based upon this information, the City of Ashland can find that the application is consistent with the standards required. E. Adequate transportation can and will be provided to and through the subject property. For the purpose of this section, "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: I. For bicycle transportation, safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined, and safe and accessible bicycle facilities serving these destinations shall be indicated. 2. For pedestrian transportation, safe and accessible pedestrian facilities exist, or can and will be constructed. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 3. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. 4 - Revised Findings of Fact B~ FINDING: As part of the development plan, bicycle facilities will be provided at the time of development of the 2 parcels. Based upon the existing facilities, the location of East Clover Lane and Spring Creek Drive, and the proposed ROW extension, the City of Ashland can find that this application and design will provide for adequate traffic circulation by future bicycle and pedestrian access from Greensprings Subdivision into the commercial node at the interchange. The application can be found to be consistent with this standard. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the County Clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated on the development plan. For purpose of computing maximum density, portions ofthe annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35% shall not be included. G. For all residential annexations of four units or greater: I. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifYing buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivision. FINDING: Not Applicable: This section applies to residential annexations only. The subject application is for an E- I zone. 5 - Revised Findings of Fact ;1 H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable" land means land zoned for residential use on which development has already occurred, but on which, due to presence of expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-l or C-l under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the City limits. (Ord. 2792,1997). FINDING: As noted above, the application is for annexation of a small portion of land that will be ultimately developed under the E-l criteria, as defined in Subsection H-2. The application for annexation is requested so the site can be developed in a manner consistent with the provisions of Section 18.40. The City of Ashland can find that the application is consistent with current standards of the E-1 district, and that the applicant has stipulated to compliance with those standards to demonstrate compliance with this standard. 6 - Revised Findings of Fact 3~ Site Review Criteria: 1. All applicable City ordinances have been met, or will be met, by the proposed development. 2. All requirements of the Site Review chapter have been met or will be met. 3. The development complies with the Site Design Standards adopted by the City Council for implementation of this chapter. 4. That adequate capacity for City water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655,1991). Discussion: The proposal before the City of Ashland involves the application for annexation of a small (1.32 acre) parcel to the City of Ashland. The City of Ashland has planned and zoned the property for E-I uses, as described in the City of Ashland Land Development Ordinance. The property owner is proposing to construct an office complex on this site. The applicant does stipulate to meeting the Site Review Criteria. These are, specifically: A. All applicable City ordinances have been met, or will be met, by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. FINDING; The applicant stipulates to these standards. All building design, setbacks, landscaping requirements, parking requirements, public facilities and dedication requirements will be met by the applicant when plans for the building, parking area and landscape area are completed by the architect and engineers. A drainage plan, landscape plan, grading plan, and other requirements of Chapter 18.72 are stipulated to. Since the applicant has stipulated that these requirements "will be met" upon completion of the design, the City can find that this application is consistent with the standards. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this chapter 7 - Revised Findings of Fact 3q FINDING: The Site Design Standards adopted by the City of Ashland contain detailed and extensive criteria for Site Design and Review. These include, for example, in the E-I zone (I), a 15% minimum landscape design standards, (2) orientation and scale requirements, (3) orientation of buildings to the streets, rather than to parking lots, (4) parking standards, pedestrian access and bicycle circulation, (5) buffering and screening, (6) lighting, (7) trash area screening and orientation, and (8) certain building mass, area and frontage requirements. These standards are specific to the site, and the design and construction plans that are proposed for any parcel in the E-l zone. If this stipulation requires an additional site plan review at a later time, rather than in conjunction with the annexation, the applicant will agree to that condition as well. The City of Ashland can find that the application and the proposed development will comply, via stipulation by the applicant, with Site Review standards. D. Adequate capacity for City water, sewer, paved access to and through the development, electricity, storm drainage and adequate transportation can and will be provided to and through the subject property. FINDING: The municipal water system will be looped from the current stub in East Clover Lane to the stub in Spring Creek Drive, which will provide better pressure balance and eliminate dead-ends. The municipal sewer system is extended to the property on both sides, north and east, and the site can be served from either location. A 24" storm drain line exists in the Spring Creek Drive ROW, and can be accessed for drainage by this property as well. Adequate public facilities exist in the vicinity to serve the site. Further, the building mass of the commercial site, with landscaping and buffering as required by the Site Review standards, will provide additional separation and some noise buffering of the residential uses from the 1-5 freeway corridor. There are only two mitigations for traffic noise: mass and distance. Increased mass via commercial buildings on the site, with screening vegetation, may provide some significant noise reductions for the abutting residential uses. With the above in mind, the City can find that the application can meet the Site Review Criteria. 8 - Revised Findings of Fact 4-0 FINDING: Contemporaneous herewith, applicant has submitted a Request for Variance pursuant to Chapter 18.100 relating to the extension of Clover Lane as a dead-end street. As stated in the Request for Variance, it appears that there is an exception to the street standards under Section 18.88.050, which would allow for the extension of Clover Lane without the requirement of the granting of a variance since connectivity is achieved by means of the use of a bike or pedestrian path. If deemed necessary by the Planning Commission, applicant is willing to allow the property being annexed to agree to be bound to participate in a local improvement district that may be fonned in the future for the purpose of improving the intersection of Clover Lane and Highway 66. If this condition is imposed by the Planning Commission, the applicant would be willing to join the local improvement district and pay a pro rata share of any improvement costs required in connection with the future improvement of said intersection with a traffic light or other improvements. IV. Summary and Conclusions: The applicant submits that this application is consistent with the provisions of the Oregon Revised Statutes for annexation ofland to an incorporated city. The applicant also submits that the application has addressed the criteria for annexation to the city of Ashland as required by the applicable provisions of the Ashland Ordinance, Chapter 18.106.030. The applicant recognizes that the Site Plan Review criteria apply to this application. The applicant stipulates to those criteria, and will meet all of the applicable requirements contained in the Site Review Standards. With the above in mind, the applicant respectfully requests approval of the annexation of this 1.32 acre parcel, and the concurrent zoning ofE-1 upon annexation. Respectfully submitted, BOB ROBERTSON 9 - Revised Findings of Fact 4/ ~ L&S SURVEYING 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-8304222 April 17, 2005 Legal description for T39S, IE, 14A, TLl200 "Exhibit A, Annexation Description" COMMENCING AT TIffi NORTIffiAST CORNER OF GOVERNMENT LOT 1 IN SECTION 14, TOWNSIDP 39 SOUTH OF RANGE I EAST OF TIffi WILLAMETTE MERIDIAN, JACKSON COUNTY, OREGON, TIffiNCE SOUTH 00000'21" EAST ALONG TIffi EAST LINE OF SAID LOT 1, 883.88 FEET TO TIffi SOUTHEAST CORNER OF THAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNTY AND STATE, AND TIffi INITIAL POINT; TIffiNCE WEST, ALONG TIffi SOUTH LINE OF SAID TRACT, 433.64 FEET TO TIffi EASTERLY RIGHT OF WAY OF INTERSTATE IDGHWAY 5; TIffiNCE SOUTH 18006'12" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; TIffiNCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO TIffi EAST LINE OF SAID LOT 1; TIffiNCE NORTH 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO TIffi 1NITIAL POINT. CZV~vz:9, Daniel L. 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EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-830-4222 April 17, 2005 Legal description for T39S, IE, 14A, TLI200 "Exhibit A, Annexation Description" COMMENCING AT TIIE NORTIIEAST CORNER OF GOVERNMENT LOT I IN SECTION 14, TOWNSIDP 39 SOUTII OF RANGE I EAST OF TIIE WILLAMETTE MERIDIAN, JACKSON COUNTY, OREGON, TIIENCE SOUTII 00000'21" EAST ALONG TIIE EAST LINE OF SAID LOT 1, 883.88 FEET TO TIIE SOUTIlEAST CORNER OF THAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNTY AND STATE, AND TIIE INITIAL POINT; THENCE WEST, ALONG TIIE SOUTII LINE OF SAID TRACT, 433.64 FEET TO TIIE EASTERLY RIGHT OF WAY OF INTERSTATE HIGHWAY 5; THENCE SOUTII 18006'12" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO TIIE EAST LINE OF SAID LOT I; THENCE NORlli 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO TIIE INITIAL POINT. ~~.c'i~ Daniel L. Seibert PLS 2541 'V'-//'oS Date OEGISTERED .1!i , . PROFESSIONAt +~ . LAND SURVEYOR - -". ~---~ OREGOIll JAN. 21, 1992 ~ DANIEL L SEibERT .' , 2541 __..._'"'__.u~ L&S SURVEYING 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-830-4222 April 17, 2005 Legal description for T39S, IE, 14A, TLl200 "Exhibit A, Annexation Description" COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 14, TOWNSIDP 39 SOUTH OF RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, JACKSON COUNTY, OREGON, THENCE SOUTH 00000'21" EAST ALONG THE EAST LINE OF SAID LOT 1,883.88 FEET TO THE SOUTHEAST CORNER OF THAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNTY AND STATE, AND THE INITIAL POINT; THENCE WEST, ALONG THE SOUTH LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE HIGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTH 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO THE INITIAL POINT. ~~vz5), Daniel L. Seibert PLS 2541 s/'-//. oS Date REGISTERED ill PROFESSIONAC;~ . LAND SU~VEYOR ..- ..... ~~:J OREGON JAN. 21, 1992 , DANiEl L $E,bERf - 2541 _.--..,,~.,--~ CITY OF ASHLAND Council Communication A Resolution of the City of Ashland Annexing a Contiguous Area to the City of Ashland, Oregon and Providing for an Effective Date (Pacific Western of Medford, LLC, Annexation, end of Clover Lane) Meeting Date: August 2, 2005 Department: Community De~ment Contributing Departments: L I Approval: Gino Grimaldi Primary Staff Contact: Bill Molnar, 552-2042 bill(a)a~hland.or.us Secondary Staff Contact: John McLaughlin, ~;52-2043 mac@ashland.or.us Estimated Time: 10-15 minutes Statement: The property located at the end of Clover Lane was approved for annexation by the City Council after the adoption of findings on October 21,2003. That completed the land use ordinance portion of the annexation process. The applicant has recently prepared and submitted the required boundary description of the property and posted a performance bond for public improvements related to the extension of Clover Lane, allowing the City to take the final two steps in the annexation process: passing a resolution to annex the property, and passing a resolution setting a public hearing and holding the hearing to withdraw the area from the jurisdiction of Jackson County Fire District 5. Background: A map ofthe proposed annexation is attached. The findings approving the annexation are also attached. Should the Council require additional information, Staff will have the file and all supporting information available at the Council meeting. Related City Policies Since the Council has already approved the land use ordinance portion of the annexation, it has previously found that the applicable goals, policies and approval criteria of the City have been met by this request. Council Options: The Council can adopt the resolution, or choose not to adopt the resolution. Staff Recommendation: Staff recommends that the Council adopt the resolution as submitted. I ~.. Ir_~ Potential Motions: Move to approve the resolution of the City of Ashland Annexing a Contiguous Area to the City of Ashland, Oregon, and Providing for an Effective Date (Pacific Western ofMedforcl, LLC Annexation, end of Clover Lane). Attachments: Resolution Notice Map Findings of Approval Map of Survey - Annexation Area Annexation Description A1-A2 A3 A4-A1O A11 A12 2 L&SSURVEYlNG 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-83~111 FAX 541-830-4222 April 17, 2005 Legal description for T39S, IE, 14A, TLI200 "Exhibit A, Annexation Description" COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT IIN SECTION 14, TOWNSIDP 39 SOUTH OF RANGE I EAST OF THE WILLAMETrE MERIDIAN, JACKSON COUNlY, OREGON, THENCE SOUTH 00000'21" EAST ALONG THE EAST LINE OF SAID LOT 1, 883.88 FEET TO THE SOUTHEAST CORNER OF 11fAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNlY AND STATE, AND THE INITIAL POINT; THENCE WEST, ALONG THE SOUTH LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE HIGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG SAID EASTERLY RlGm OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT I; THENCE NORTH 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO THE INITIAL POINT. ~~vz5t. Daniel L. Seibert PLS 2541 v-/ ,7. oS- Date REGISTJ:RED ii " . PROFESSIONAl! .... .:~, LAND SURVEYOR"? ~._-~~ OREGON JAN. 21, 1992 · DANiEl L SEibERT . 2541 -'._-~_.'._- ATTACHMENT A-12 Notice is hereby given that a PUBLIC I .~ING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCil on October 21, 2003 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The orojnance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objecbon concerning this application. either In person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the Issue, precludes )'OUf" right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also predudes your light of appeal k> LUBA on that criterion. Faifure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court A copy of the application ..lCuments and E!vidence relied upon by the applicant and applicatHe criteria are aVdhdble for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. During the Public Hearing, the Mayor shall allow testimony from the applicant and those in attendance concerning this request. The Mayor shall have the fight to limit the length of lestimony and require that comments be restricted to the applicable cmeria. Unless there is a continuance, If a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments conceming this request, please feel free to contact Susan Yates at the Ashland Planning Department, City Hall, at 541-552-2041. OJrTTY phone number is 1-800-735-2900. PLANNING ACTION 2003-112 is a request for Annexation of an apprOXimately 1.32 acre parcel on Clover lane. Comprehensive Plan Designation: Rural Residential (existing), City Comprehensive Plan Designation: Employment (proposed); Zoning: RR-5 (existing), E-1 (proposed); Assessor's Map #: 39 1 E 14 A; Tax lot: 1200. APPLICANT: Pacific Western of Medford, LLC ATTACHMENT A-3 BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON October 21,2003 IN THE MATTER OF PLANNING ACTION #2003-112, REQUEST FOR ANNEXATION OF AN APPROXIMA TEL Y 1.32 ACRE PARCEL LOCATED AT THE END OF CLOVER LANE. ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) APPLICANT: Pacific Western of Medford, LLC ------------------------------------------------------------------------------------------------------- RECITALS: I) Tax lot 1200 of 391E 14 A is located at the end of Clover Lane, within Ashland's Urban Growth Boundary and adjacent to the City Limits boundary. 2) The applicant is requesting Annexation of an approximately 1.32-acre parcel located at the end of Clover Lane. The tentative partition plat, site improvements and building elevations associated with the Planning Commission's approval of a Site Review are on file at the Department of Community Development. 3) The criteria for approval for Annexation are described in section 18.106 as follows: An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the ATTACHMENT P-4 purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be (:onstructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on tht: City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a milt: of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend arId connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the dt:velopment plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): I. 35% of the base density to qualifYing buyers or renters with incomes at or below 120% of median A-5 income; or 2. 25% of the base density to qualifYing buyers or renters with incomes at or below' I 00% of median income; or 3. 20% of the base density to qualifYing buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifYing buyers or renters with incomes at or below 60% of median Income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in this section G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shal1 be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties providing affordable units as part of the annexation process shall qualifY for a maximum density bonus of 25 percent. H. One or more of the following standards are met: I. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five- year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-I or C-I under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitmy sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. (ORD 2792, 1997; ORD 2895, 2003). 4) The City Council, following proper public notice, held a Public Hearing on October 21,2003, at which time testimony was received and exhibits were presented. The Council approved the application subject to conditions pertaining to the appropriate development of the site. A-6 Now, therefore, the City Council for the City of Ashland finds, concludes and recommends as follows: SECTION I. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council fmds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 AsWand Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for Annexation. The City Council makes the following findings with respect to the following approval criteria: A. The land is within the City's Urban Growth Boundary. The property proposed for annexation is currently located within Ashland's Urban Growth Boundary as designated on the Ashland Comprehensive Plan. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. The proposed zoningfor the property, E-l, is consistent with the designations indicated on the Ashland Comprehensive Plan, while the proposed light industrial-manufacturing uses are allowable uses in the district. C. The land is currently contiguous with the present City limits. The property is contiguous to the existing City Limits along the parcel's north property line. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be A-I' provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. Sewer. water and electric service will be extended to and through the project.W ateI' and sewer lines are located in the Clover Lane right-of-way adjacent to the parcel. Water and Sewer lines will be extended across the filll length of the property frontage. Run-off from the development will be directed to City of Ashland storm drainage facilities located in the Clover Lane extension. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: Street improvements are required upon annexation with the degree of improvement based upon the street's location relative to the annexed area. In this case, Clover Lane is currently improved to City of Ashland standards. The extension of Clover Lane will be constructed to City of Ashland standards, including travel lanes, curb and gutter, storm drains and public sidewalks. F. For all residential annexations, a plan shall be provided demonstrating that the development ofthe entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. Not applicable. This proposal does not involve a residential annexation. G. For all annexations with a density or potential density offour residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): I. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below' I 00% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 50 I (3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public A-B facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to Commencement of the project. The total number of affordable units described in this section G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. Not applicable. This proposal does not involve a residential annexation. H. One or more of the following standards are met: I. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five- year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-I or C-I under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or The property has a zoning designation of E-l, Employment. The Planning Commission granted Site Review approval, on September 9, 2003, to construct two light-industrial buildings. 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water servIces; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. (ORD 2792,1997; ORD 2895, 2003). SECTION 3. DECISION Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, the City Council approves Planning Action # 2003-112. The following are the conditions and they are attached to the approval: A-9 I) That the proposal complies with all conditions imposed by the Planning Commission for Site Review approval. CITY OF ASHLAND, OREGON ~~-6?L .;J, .(7- o'-{ Date By: Alan DeBoer, Mayor A-10 j . .. . . ~t; ~ a: O.f :;; ~~ o t~ n:- ...- " ~I:L.. -0 ~. >~w-a .:i ~ i~:% Ii Vln.=a:J! ~ l." \" ':,~ 1\/ '- >- lLJ :0- 0:: ::> <n "- o. n.. <( ~ z " ..;c '" ~ ~ " ... ~ti '" :> ~:j - '" ... z ~ ... z , ... ... " eo; ~ . ~v) 0", ~ ~ z o " ci~ Z 0 :s . ~ ~ .. " :s 8 t Z (3 ~ u "i "' ~ ~~mm ~~ tHJtJUtttJ <Q. ~b ~'b 'liJ,y -$ '%~ ~ [9't& (") lH;"te{lI) . ~ ~..,\ ~~- l\~ --' I I ~; I <. I .' !: I ~~ I !tt - I I /~_::::;" I ./ ./~ ""~' /./ \ .\. ( '. ...______' _~,;>/ ~:\ .<;jS~~ 1\\ . --~~. ,"", ~,<?~' :. ~5~~ I <"Ol'! r--.;_. ~ ~'b.fJ. . ~6{<tI I,.'" ;;----../'.-,'""'.,~ ~'Py / ---....~::=::=/('- I I I I ~ ;~/ I~ I~~ ." I il ~ I I \ ~\ '...~'t, 1f~ o...6~-~ \; ~~ H "", " " ' '-. 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",Ie;. \~")'{) " 9~-t5 HUlON (ll) 11I'6M.~.Il:.00s{I'I) ,/\ I A ~ ',I; \ :~ m* \: ~ !~ : ~~. ~ ~ ~ . 0' ~~ ,;" '" ~~ ' a- 'I' ;, \f .\f " ," , e ~ ~ < o ~ ~ " :< ~ ~ ATTACHMENT A-11 g CITY OF ASHLAND Council Communication A Resolution Setting the Time and Place for a Public Hearing on the Withdrawal of Certain Real Property from Jackson County Fire District No.5; and Directing Publication of Notice as Required by ORS 222.524 (Pacific Western of Medford, LLC, Annexation, end of Clover Lane) Meeting Date: August 2, 2005 Department: communitY7f#lopment Contributing Departments: I Approval: Gino Grimaldi S Primary Staff Contact: Bill Molnar, 552-2042 bill@ashland.oLus Secondary Staff Contact: John McLaughlin, 552-2043 mac@ashland.oLus Estimated Time: 5 minutes Statement: The property located at the end of Clover Lane was approved for annexation by the City Council after the adoption of findings on October 2 I, 2003. That completed the land use ordinance portion of the annexation process. The applicant has recently prepared and submitted the required boundary description of the property and posted a performance bond for public improvements related to the extension of Clover Lane, allowing the City to take the final two steps in the annexation process: passing a resolution to annex the property, and passing a resolution setting a public hearing and holding the hearing to withdraw the area from the jurisdiction of Jackson County Fire District 5. Background: A map of the proposed annexation is attached. This step is required to withdraw this area from the special taxing district ofJackson County Fire District No.5. Related City Policies Since the Council has already approved the land use ordinance portion of the annexation, it has previously found that the applicable goals, policies and approval criteria of the City have been met by this request. Council Options: The Council can adopt the resolution, or choose not to adopt the resolution. Staff Recommendation: Staff recommends that the Council adopt the resolution as submitted. Potential Motions: Move to approve Resolution Setting the Time and Place for a Public Hearing on the Withdrawal of Certain Real Property from Jackson County Fire District No.5; and Directing Publication of Notice as Required by ORS 222.524 (Pacific Western of Medford, LLC Annexation, end of Clover Lane). I r~' Attachments: Resolution Notice Map Map of Survey - Annexation Area Annexation Description A1-A2 A3 A4 AS 2 L&S SURVEYING 78 LEAFWOOD DR. EAGLE POINT, OR 97524 PHN 541-830-0111 FAX 541-830-4222 April 17, 2005 Legal description for T39S, IE, 14A, 11..1200 "Exhibit A, Annexation Description" COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT IIN SECTION 14, TOWNSHIP 39 SOUTH OF RANGE I EAST OF THE WlLLAMETTE MERIDIAN, JACKSON COUNTY, OREGON, THENCE SOUTH 00000'21" EAST ALONG THE EAST LINE OF SAID LOT I, 883.88 FEET TO THE SOUTHEAST CORNER OF THAT TRACT DESCRIBED IN VOLUME 272, PAGE 618, OFFICIAL RECORDS, SAID COUNTY AND STATE, AND THE INITIAL POINT; THENCE WEST, ALONG THE SOUTH LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE lDGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT I; THENCE NORTH 0000'21" WEST, ALONG SAID EAST LINE, 139.81 FEET TO THE INITIAL POINT. CJp1~vz9" Daniel L. Seibert PLS 2541 V-/7 oS- Date REGISTERED :ili PROFESSIONAl: "I LAND SURVEYOR 't!' . ~i\,: -:~i; ~'--:J ORE GO,.. JAN. 21, 1992 · DANlfll. SEidERT. · . 2541 ....-.,--..,,-- ATTACHMENT A-5 Notice is hereby given that a PUBLIC I .~ING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCIL on October 21.2003 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concemlng this application. either in person or by letter. or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the Issue. precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the Objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with suffICient specificity to allow this Commission to respond to the Issue precludes an action for damages in circuit court. A copy of the applicatiorL Jeuments and evidence relied upon by the applicant and applicable criteria are aVdlldble for inspection at no cost and will be provided at reasonable cost if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department City Hall, 20 East Main Street, Ashland, Oregon 97520. During the Public Hearing, the Mayor shall allCMf testimony from the applicant and those in attendance conceming this request. The Mayor shatl have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments conceming this request, please feel free to contact Susan Yates at the Ashland Planning Department, City Hall, at 541-552-2041. OJr TTY phone number is 1-800-735-2900. PLANNING ACTION 2003-112 is a request for Annexation of an approximately 1.32 acre parcel on Clover Lane. Comprehensive Plan Designation: Rural Residential (existing). City Comprehensive Plan Designation: Employment (proposed); Zoning: RR-5 (existing). E-1 (proposed); Assessor's Map #: 39 1 E 14 A; Tax Lot: 1200. APPLICANT: Pacific Western of Medford, LLC ATTACHMENT A-3 j ~ 11 ~... ~ .0 ~ o ~ Ii:: .f C1'o ~ ~!i ~ fil 1':": i~~ -0 ~ :> u........ ~ .~ ~ l~~i ~ ~ 1\ .~ \~/ s,--- (9....aC")6n6(1I) >- ~ 0:: :::> Vl "- O. Q <( ::; z '" ";0 '" z ... 0" G ~ ~ wtici1i: (fJ ~ :z: ~ ,~~ " ~ ... 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I-WF'>-' VlI!!.!':: ;:j:i:Jj >-i!wO ~U"lUa:: ~uJ~2 ~~~~>-' ~~~~~ ~~~~~ ...,t:oll:;~~~ :::.. 0 z f- i=:&:~~~t:; ~~g~~U"l ~wag::~~ :z.i!'m;!O~ ~--~-- / ///" /% '3\ / '\ .S. / ~~, \-L~ I -t";!- / ~.~ \~~t\ " 99'6 Kl-l:IOl<l(ll) /' 19'6 M.(~.ll.OOS(I'I) , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , V , , \,~ , c ~ < W , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ~~-6 Mollll.LI.OOS / 09'6 Kl-1I01<l (II) / i '\ " , . ' 1. 'e..~ / '"' "'$ / .~\ Y<c / \...'C, //// .... --~/'/ \1, /, c> SgJ \ ~f ' ~~ 8~ g- I!'fl ..15 "'I" I:!fl ~ _ r,' < .\ \: . , 0" ," "' .. a ~g ri w. ~~ " r€ ...J ,II co: ~ < ~ " ,. ~ t ATTACHMENTA-4 ~ o