Item 1: Ordinance Authorizing Use of Eminent Domain to Acquire Property Near Amazon Creek Headwaters

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ATTACHMENT C Planning & Development Planning City of Eugene th 99 West 10 Avenue M Eugene, Oregon 97401 EMORANDUM (541) 682-5377 (541) 682-5572 FAX www.eugene-or.gov Date: May 3, 2007 To: Johnny Medlin, Parks and Open Space Division Manager From: Alissa Hansen, Senior Planner Eugene Planning Division Subject: Green Property (Tax lot 101 of Assessor’s Map 18-03-20-00) Beverly Property (Tax lots 101, 200, 300, and 302 of Assessor’s Map 18-03-20-21) This memorandum provides responses to your questions regarding the zoning and history of these properties. 1. What is the current zoning of these properties? Are they included in our buildable lands inventory? Both properties are zoned R-1 Low Density Residential with /PD Planned Unit Development and /WR Water Resources Conservation overlays. Both properties are designated for low density residential use in the Metro Plan and are included in the documented supply of “buildable land” that is available for residential development as inventoried in the acknowledged 1999 Residential Lands Study. Both proprieties were designated low density residential in the Eugene-Springfield Metropolitan Area 1990 General Plan (1972). In 1978 the Green property was annexed into the City of Eugene and was concurrently rezoned from RA Outer Residential District and AGT Agricultural Grazing and Timber- Raising District to R-1/PD (City file AZ 77-7). The Beverly property was annexed to the City of Eugene in 1979 with a concurrent rezoning from AGT Agricultural Grazing and Timber-Raising District to R- 1/PD (City file AZ 79-8). The /WR Water Resources Conservation overlay was applied to both properties on January 1, 2006, due to the presence of Goal 5 inventoried streams (City file Z 05-8). 2. What is the history of land use applications on these properties? The Green property was granted tentative planned unit development (PUD) approval in 1979, at which time it was part of a larger tax lot and under different ownership. The approval expired before final approval was obtained. In 2005, Joe Green submitted a tentative PUD to create a 113-lot single-family residential subdivision with a private street system and common open space areas on 40 acres. This proposal, known as Green Valley Glen PUD (City File PDT 05-6), was denied by the Eugene Hearings Official on the basis of a procedural issue, on lack of sufficient geotechnical evidence and on the lack of sufficient evidence regarding emergency response. The applicant appealed the Hearings Official’s decision to the Planning Commission in February 2007, who voted to reverse the Hearings Official’s findings regarding the procedural and the emergency response issues. The Planning Commission voted to uphold the Hearings Official’s findings regarding the lack of sufficient geotechnical evidence, concluding 1