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Eugene Annexation Determination for Lumen Technologies (AA 21-9) Submitted: July 27, 2021 Map/Tax Lot: Applicant: Lumen Technologies 17-04-04-00-02803 Owner: Century Link Location: 90470 Prairie Road Zoning: Lead City Staff: Amy Janisch, Land Use Planning Specialist Request: New commercial building I-2/CAS/UL EVAULATION: Based on the information provided by the applicant, the City has determined that this request complies with the Urbanizable Land Use Code, also referred to as the Urban Transition Area (UTA) code, Section 9.4640 Annexation and/or Annexation Agreements. As such, it is subject to review and approval in accordance with the requirements and application criteria of UTA 9.4640 and with the annexation and/or annexation agreement procedures beginning at UTA 9.4640(4). The applicable approval criteria are presented below in bold typeface with findings and conclusions following each. ➢ UTA 9.4640(1)(a) Any zone change or planned unit development approval if the development potential of the existing lot(s) would increase, or the proposed or allowable uses will generate, singly or in the aggregate, a direct need for key urban facilities and services. Findings: The application is not a Planned Unit development or Zone Change. This criterion is not applicable. ➢ UTA 9.4640(1)(b) Approval of any new dwelling unit(s), commercial or industrial development Findings: The application is for a new commercial development and would require extension of the water system, and the sewer system, to property within the Urban Growth Boundary (UGB), but not annexed. However, approval for extra-territorial extension of water or sewer service to property located within the boundary of the Industrial Corridor Community Organization (ICCO), is automatic upon approval of a building or development permit so long as the property owner executes an irrevocable consent to annexation form approved by the City Attorney, authorizing the City Council to annex the property whenever the annexation is authorized by state law. See Eugene Code (EC) 9.8117. This site is within the ICCO. Therefore, upon the completion of an irrevocable consent to annexation, which includes extension of water or sewer services to the site, the consent to annex form will be reviewed by the City Attorney and executed by City staff. Following full execution of the irrevocable consent to annexation and the necessary extra- territorial extensions, the property could be developed without annexing at that time. See informational items below. ➢ UTA 9.4640(1)(c) Approval of an expansion of an existing commercial or industrial development if the proposed use will generate, singly or in the aggregate, a direct additional need for key urban facilities and services provided by the city. Findings: This request will generate a need for new water and wastewater services, which would typically require annexation. In this case, the property owner can submit the required irrevocable consent to annexation in accordance with EC 9.8117(2) prior to the extension of water or sewer services. Accordingly, annexation is not required for the new development or the possible extension of new water or sewer service once the new agreement has been fully executed.