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e Nan Phifer, president of the Oak Hills Neighborhood Association, had pro- vided Mr. Holmer with an association bulletin and told him of the steps she was taking to obtain the opinions of neighbors. The contact would not interfere with his ability to arrive at an appropriate decision. Mayor Keller entered the staff notes and the minutes of previous meetings into the record and opened the public hearing. He said testimony about new issues would be disqualified. Mike Farthing, 975 Oak, represented the appellants. He asked about a letter he had submitted to the council about procedures and was told it had been received. He said any of the 19 objections stated in the appeal could be grounds for reversal of the Planning Commission's recommendation. Empha- sizing the importance of the annexation and rezoning criteria, he said the applicant had not addressed some criteria and had failed to present evidence for a positive finding for other criteria. The Planning Commission findings were not sufficient. They were conclusions and, apparently, had not been reviewed by the commission which had not indicated how it resolved con- flicting evidence. The recorded access easement required by the commission recommendation had not been obtained and the commission would probably deny the request if it knew the easement could not be obtained. Referring to Sections 9.158 and 9.678 of the code, Mr. Farthing said the criteria for the annexation and zone change require the provision of ade- quate public services and facilities in a timely and logical manner and con- sistency with applicable comprehensive plans, special area studies, and e refinements plans. The applicant did not submit evidence of adequate pro- vision for transportation, storm sewers, fire protection, sidewalks, or legal access. The code requires proof that the level of services and facil- ities necessary for the permitted uses and density will be provided. The proposed RA zoning would permit five to six units per acre; therefore, services and facilities should be available for 20 homes on the site. He also questioned whether 43rd Avenue is a legal street. Mr. Farthing wondered why the Commission findings indicated the Urbanization Report applied to ,the request and the South Hills Study did not. The Urban- ization Report was not part of the Metro Plan and had not been considered by other jurisdictions. The entire South Hills Study was incorporated into the Metropolitan General Plan and, therefore, the whole study was applicable to Tax Lot 700. The study states that other available property in the city must be evaluated before property in the South Hills can be annexed. The study also requires a PUD suffix on Tax Lot 700. Mr. Farthing said Statewide Planning Goals 7, 11, 12, and 14 are appli- cable. He read Policy 7 on page 11-B-4 of the Metro Plan about the conver- sion of urbanizable land to urban land through annexation and said the com- mission's findings did not address the LCDC goals. There are about 1,500 acres of vacant residential property in the city. He questioned the need for five more acres. He suggested the annexation might make it difficult for residential property owners to develop their land. He pointed out Statewide Goal 14 requires the availability of enough land to provide market e choices and the encouragement of development within urban areas before converting urbanizable areas. M1NUTES--Eugene City Council December 10, 1984 Page 3