COMMI.]NITY DEVELOPMENT DEPARTMENT 333 Broadalbin Street SW. P.O. Box 490 Albany OR 97321

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1 COMMI.]NITY DEVELOPMENT DEPARTMENT 333 Broadalbin Street SW. P.O. Box 490 Albany OR NOTICE OF DECISION Ph: cd.citvofalbanv.net DATEOFNOTICE: DATE OF DECISION: FILE: TYPE OF APPLICATIONS: REVIEW BODY: PROPERTY OWNER/APPLICANT: APPLICANT REPRESENTATIVE: ADDRESS/LOCATIONT MAP/TAXI.OT: ZONING: August 10, 2018 August 8,2018 AN &Z,C42-18 Annexation of a acre parcel with concurrent zonhg desiglation (Type IV-L and fvq) from UG.d{JGM-20 and EFU to RS-6.5 and OS to accommodate future development and natural resource protection p[anning Qommission and City Council Mennonite Home of Albany; Dave Detweiler, Facilities Director; 5353 Columbus Street SE; Albany, OR Dan Watson, K&D Engineering; 276 NW Hickory Stree! Albany, OR No address assigned - located south of the Albany and Eastem Railroad and west oflnterstate 5 Linn County Assessor's Map No. 1 1S-03W-21; Tax I-ot 502 UGA./UGM-20; EFU On Augrrst 8, 2018, the Albany City Council adopted Ordinance No zoning designation as described above.. to annex property and assign a A copy of Ordinance No. sgt s is available on request. The supporting documentation relied upon by the City in making this decision is available for review at at the Commurity Development Department, City Hall, 333 Broadalbin Street SW, on the second floor. Office hours are 8:00 a.m. to 5:00 p.rr., Monday through Friday. For more information, please contact Project Planner David Martineau at or Planning Manager Bob Richardson at The City's decision may be appealed to the State hnd Use Board of Appeals (LUBA) if a person with standing files a completed Notice to Appeal application and the associated filing fee no later than 21 &ys from the date the City mails the Notice of Decision. City of Albany Acting Mayor Attachments: Ordinance No. rq t s with Associated Exhibits MaiI Date: August 9, 2018 Apperl Period f,xpiration: August 30, 2018 Notice of Decision/AN et al, Page I

2 CONDITION OF APPROVAL I Annexation Agreement The applicants must sign the Armexation Agreement that is represented by Staff Report Attachment G. The annexation agreement shall specifu that the intemal trail improvements identified for the site in the South Albany Area Plan (SAAP) shalt $s constructed with development ofthe site. Notice of Decision/AN-02- I 8 et al, Page 2

3 INFORMATION FOR THE APPLICANT Please read through the following requirements. This list is not meant to be all-inclusive; we have tried to compile requirements that relate to your specific tlpe of development. These requirements are not conditions of the land use decision. They are Albany Municipal Code or Albany Development Code regulations or administrative policies of the Planning, Engineering, Fire, and/or Building Departments that you must meet as part of the development process. PLANNING DIT'ISION I. The use must substantially conform to the site plan that was submitted for review subject to the Conditions of Approval. Planning staff must approve any changes to the plans. 2. Land use approval does not constitute Building or Public Works permit approvals. 3. You must comply with state, federal, and local law. The issuance of this permit by the City of Albany does not eliminate the need for compliance with other federal, state, or local regulations. It is the applicant's responsibility to contact other federal, state, or local agencies or departments to assure compliance with all applicable regulations. ENGINEERING The City of Albany's inftastructure records, drawings, and other documents have been gathered over many decades, using differing standards for quality control, documentation, and verification. All information provided represents the current information we have in a readily available format. While the inforrnation we provide is generally believed to be accurate, occasionally this inforrnation proves to be incorect, and thus we do not warrant its accuracy. Prior to making any property purchases or other investments based, in firll or in part, upon the information provided, we specifically advise that you independently field veriry the information contained within our records. ODOT RAIL ODOT Rail & Public Transit crossing safety unit (RPTD) has had the opportunity to review the attached proposed annexation. It does not app ar as though this planning action will impact public highway-rail grade crossilgs. In general, RPTD does not suppoft the construction ofnew at-grade public grade crossings. It is strongly encouraged that any development that abuts a rail line include a physical barrier to assist in trespass prevention to be installed off ofrailroad property. Thank you for the opportunity to comment. David R Smith ODOT Rail & Public Transit Crossing Safety Unit Mill Creek Buildhg th St NE, Suite #3 Salem, OR Ph. (503) s Cell (503) so Fx. (503) David.R.SMITH@odot.state.or.us Notice of Decision/AN et al, Page 3

4 ORDINANCE NO AN ORDINANCE PROCLAIMING THE ANNEXATION AND ZONING OF PROPERTY LOCATED SOUTH OF THE ALBANY AND EASTERN RAILROAD AND WEST OF INTERSTATE 5; LINN COUNTY ASSESSOR' S MAP NO. 11S -03W- 21; TAX LOT 502 AND CONTAINING APPROXIMATELY ACRES ( FILE NOS. AN AND ZC ) AND SETTING A PUBLIC HEARING FOR THE REMOVAL OF TERRITORY FROM THE ALBANY RURAL FIRE PROTECTION DISTRICT WHEREAS, the Albany Planning Commission held a public hearing on July 16, 2018, on the proposed annexation and zoning map amendment and recommended approval based on evidence presented in the staff report and testimony presented at the public hearing for City of Albany Planning Files AN and ZC ; and WHEREAS, the Albany City Council held a public hearing on the same application on August 8, 2018, and determined that the proposed annexation is timely; and WHEREAS, the Albany Development Code provides for the application of specific zoning districts upon annexation of territory under these circumstances; and WHEREAS, a zoning district map and legal description for the subject property are provided in Ordinance Exhibits A and B, respectively; and WHEREAS, the Findings of Fact, Conclusions of Law, and Conditions in the the complete staff report to the Albany City Council, including attachments, dated July 6, 2018 ( File AN and ZC ), are hereby adopted in support of this decision. WHEREAS, a public hearing will be held concerning the withdrawal of said territory from the Albany Rural Fire Protection District under the provisions of ORS NOW, THEREFORE, THE PEOPLE OF THE CITY OF ALBANY DO ORDAIN AS FOLLOWS: Section 1: The territory described by attached Exhibit B is hereby proclaimed to be annexed to the City of Albany and zoned Residential Single Family 6, 500 square foot lot minimum (RS -6. 5) and Open Space ( OS). Section 2: A public hearing on the matter of removal of the territory described in Exhibit B from the Albany Rural Fire Protection District will be held. Section 3: A copy of the map showing the amendment to the Zoning Map shall be filed in the Office of the City Clerk of the City of Albany and the changes shall be made on the official City of Albany Zoning Map. Section 4: A copy of the legal description of the affected property, attached as Ordinance Exhibit B, shall be filed with the Linn County Assessor' s Office within 90 days after the effective date of this ordinance. Section 5: This ordinance shall take effect 30 days after passage. Passed by the Council: August 8, 2018 Approved by the Acting Mayor: August 8, 2018 Effective Date: September 7, ) 018 Acting Mayor

5 Exhibit A. 1 jiiiiiilui_ i iiiiii Location Map: Unaddressed; East of Mennonite Village The Oty of Alba nys Infrastruckre records drawings, an w Peen gathered Over ny decadesa ilenny standards cuelm antra. doormentetm. and of the a aea , 140 1, 520 iepnse. current provided re generally ses or other provided, d k epecilvally A information in a reedry evaibole format Able the dais Pelewd to Pre accurateocvsmally r proves m. c wrrantedfull or in Pert upon n edwd tnat you independently lea moldy Me Feet of January 12, 2018 marred Mus ds ac Planning Division City of Albany Broadalbin St SW, Albany, Oregon ( 541)

6 Exhibit A.2 I011 a. 41 mo i 1 aiiii vs% 1 l. di Mum* al I in LDPawnR 1 44, 1I fig m 11 BM NMI 1111 p ft_: 5,41 war r lig Ib 1

7 Exhibit B K & D ENGINEERING, Inc. Engineers Planners Surveyors Legal Description Property to be Annexed into the City of Albany, Oregon Tax Lot 502 of Assessor Map 11S -03W-21 That portion of the Southwest quarter of Section 21, Township 11 South, Range 3 West of the Willamette Base and Meridian, Linn County, Oregon, lying Southerly of the South Pacific Railroad Company' s right-of-way, and West of the Pacific Highway Interstate 5. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY JOE J. COYA RENEWS. / 2/ 3/// N. W. Hickory Street P. O. Box 725 Albany, OR ( 541) Fax: ( 541)

NO. 11S -03W- 21; TAX LOT 502 AND CONTAINING APPROXIMATELY ACRES ( FILE NOS. AN

NO. 11S -03W- 21; TAX LOT 502 AND CONTAINING APPROXIMATELY ACRES ( FILE NOS. AN ORDINANCE NO. 595 AN ORDINANCE PROCLAIMING THE ANNEXATION AND ZONING OF PROPERTY LOCATED SOUTH OF THE ALBANY AND EASTERN RAILROAD AND WEST OF INTERSTATE 5; LINN COUNTY ASSESSOR' S MAP NO. S -03W- 2; TAX