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HomeMy WebLinkAboutItem 11 Amendment to the Springfield Development Code Chapters 3, 5 and 6 Establishing New Annexation Procedures AGENDA ITEM SUMMARY Meeting Date: December 3, 2007 Meeting Type: Regular Session Department: Development Services Staff Contact: Greg Mott S P R I N G FIE L D Staff Phone No: 726-3774 ~ C I T Y C 0 U N C I L Estimated Time: 10 Minutes ITEM TITLE: AMENDMENT TO THE SPRINGFIELD DEVELOPMENT CODE CHAPTERS 3,5 AND 6 ESTABLISHING NEW ANNEXATION PROCEDURES. ACTION REQUESTED: Conduct a public hearing and adopt/not adopt the following Ordinance: AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE TABLE OF CONTENTS PAGE, SECTIONS 5.7-100 AND 5.23-100; CHAPTER 3 LAND USE DISTRICTS, SECTION 3.3-825; CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, SECTION 5.1-140; TABLE 5.4-1; SECTIONS 5.7-105 THROUGH 5.7-165; SECTION 5.12-120; SECTION 5,12-130; ADDING SECTION 5.23-100 THROUGH 5.23-125; AND CHAPTER 6 DEFINITIONS, DELETING THE TERM ANNEXATION AGREEMENT; ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (lo. No. LRP2007-00026) And adopt/not adopt the following Resolution: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING THE ADOPTED MASTER SCHEDULE OF MISCELLANEOUS FEES AND CHARGES, RATES, PERMITS, AND LICENSES TO PROVIDE FOR THE ADDITION OF "ANNEXATION FEES (MINOR BOUNDARY CHANGES)" AND "EXTRATERRITORIAL WASTEWATER OR WATER LINE EXTENSIONS." ISSUE STATEMENT: The 2007 Oregon Legislature abolished the Lane County Boundary Commission effective January 1,2008. Pursuant to ORS 222 City Boundary Changes the City Council assumes sole responsibility for all annexations, including extraterritorial extension of services and territory withdrawals, effective January 1,2008. ATTACHMENTS: A. Ordinance B. Planning Commission Findings and Recommendation C. Resolution adopting a revised fee schedule for annexations DISCUSSION/ FINANCIAL IMP ACT: Based on new laws, the City Council is now the approval authority for annexations. All statutory provisions necessary for this transition to occur are included in this proposal. On November 20,2007, the Planning Commission conducted a public hearing on these amendments; one person spoke in support. The Planning Commission forwarded a recommendation of approval (Attachment B). The fees in Attachment C, Exhibit B, page 2 show new charges based on City processing cost recovery of 80%. No exceptions or waivers are included in this proposal. If Council prefers to include a fee waiver or reduction for health hazard annexations or other special circumstances, or special fee for expedited annexation proposals, staff can return in January with some amendment options for Council consideration. ORDINANCE NO. (General) AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE TABLE OF CONTENTS PAGE, SECTIONS 5.7-100 AND 5.23-100; CHAPTER 3 LAND USE DISTRICTS, SECTION 3.3-825; CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, SECTION 5.1-140; Table 5.4-1; SECTIONS 5.7-105 THROUGH 5.7-165; SECTION 5.12-130; ADDING SECTIONS 5.23- 100 THROUGH 5.23-125; AND CHAPTER 6 DEFINITIONS, DELETING THE TERM ANNEXATION AGREEMENT; ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, the reformatted Springfield Development Code (SDC) was adopted by the Springfield Common Council on September 17, 2007, and previous amendments thereto were subsequently adopted by Ordinance; and } WHEREAS, by enactment of Senate Bill 417 by the 2007 Oregon legislature, the Lane County Local Government Boundary Commission (LCLGBC) ceases to exist on July 1, 2008 and annexation to the City becomes the jurisd iction of the City; and WHEREAS, Senate Bill 417 amends most of ORS199 (Local Government Boundary Commissions) and shifts the annexation laws now applicable to the City to ORS 222 (Boundary Changes; Mergers and Consolidations); and, WHEREAS, the sunset date for the LCLGBC and its staff is June 30, 2008, but the LCLGBC will not process any applications submitted after December 31, 2007; and and WHEREAS, SDC Section 5,6-100 sets forth procedures for the amendment of this document; WHEREAS, on November 20,2007, the Springfield Planning Commission held a work session and conducted a public hearing on this SDC amendment application (Case Number LRP 2007-00027) voting 7 to 0 to recommend approval of the proposed Ordinance to the Common Council based upon findings in support of adoption of these SDC amendments as set forth in the Staff Report and the Recommendation to the Council incorporated herein by reference; and WHEREAS, on December 3,2007, the Springfield Common Council held a work session and conducted a public hearing and is now ready to take action on this application based upon findings in support of adoption of these SDC amendments as set forth in the aforementioned Staff Report to the Council incorporated herein by reference and the evidence and testimony already in the record as well as the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance amending the SDC. NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: SECTION 1: The Table of Contents Chapter 5 The Development Review Process and Applications for Sections 5.7-100 and 5.23-100 are hereby amended as follows: "5.7-100 5.7-105 5,7-110 5.7-113 5.7-115 5.7-120 5.7-125 5.7-130 ANNEXA TIONS Purpose Applicability Definitions Review Development Issues Meeting Annexation Initiation and Application Submittal Notice A TT ACHMENT A - 1 5.7-135 5.7-140 5.7-145 5.7-150 5.7-155 5.7-160 5,7-165 Recommendation to City Council Criteria City Council Decision Zoning Effective Date and Notice of Approved Annexation Withdrawal from Special Service Districts Appeals" "5.23-100 EXTRATERRITORIAL EXTENSION OF WATER OR SEWER SERVICE 5.23-105 5.23-110 5.23-115 5.23-120 5.23-125 Purpose Applicability Review Application Submittal Criteria" SECTION 2: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-825 Additional Provisions, Subsections A. and E. are hereby amended as follows: "A. The City shall not extend water or sanitary sewer service outside the city limits, unless a health hazard, as defined in ORS 222.840 et seq is determined to exist. Annexation of the affected territory so served is required if the territory is within the urban growth boundary and is contiguous to the city limits, 1. The City may extend water or sanitary sewer outside the city limits or urban growth boundary to provide these services to properties within the city limits. As provided in ORS 222.840 et s~q, the City and a majority of the electors of the affected territory may agree to an alternative to annexation to mitigate the health hazard, including extraterritorial extension of services without annexation. 2. Extraterritorial extension of water or sanitary sewer applications that are not related to health hazards as specified in ORS 222.840 et seq shall be processed as specified in Section 5.23-100," "E. Connection to the sanitary sewer system. Any property to be partitioned that is within the distances specified in OAR 340-071-0160(4)(A) for connection to the City's sanitary sewer system shall require annexation to the City prior to Partition Tentative Plan submittal, unless the Director determines that a topographic or man-made feature makes the connection physically impractical. In the event of such determination, the Partition application may be approved without annexation," SECTION 3: CHAPTER 5 The Development Review Process and Applications, Section 5.1- 140 Type IV Review Procedure (Legislative), Subsection F. is hereby amended as follows: "F. The City Council's decision is the City's final decision either on the date the decision is made, or 30 days after the decision is made if there is no emergency clause in the adopting Ordinance. Notwithstanding the effective date of an ordinance as specified above, the effective date of annexations shall be as prescribed in ORS 222.040, 222.180, or 222.465. Notice of decision is mailed to the applicant, property owner, those persons who submitted written or oral testimony, those who requested notice, and as required by ORS 222 and Section 5.7-150. Where required, the notice of decision shall also be mailed to the Department of Land Conservation and Development as specified in OAR 660-18-0040, ATTACHMENT A - 2 EXCEPTION: For Metro Plan amendments that require adoption by the City, Eugene and/or Lane County, the City Council decision is final only upon concurrence of the Lane County Commissioners and the City of Eugene City Council, as appropriate." SECTION 4: CHAPTER 5 The Development Review Process and Applications, Table 5.4-1 Development Applications is hereby amended as follows: "Table 5.4-1 Development Applications Accessory Dwelling Unit Amendment of Development Code Text Amendment of Refinement Plan Text or Diagram Annexation Appeal of a Type II Director's Decision Appeal of Type III Decision to City Council Appeal of an Expedited Land Division Conceptual Development Plan Conceptual Development Plan Amendment Demolition of Historic Landmark Determination of Non-Conforming Use Status Development Issues Meeting Discretionary Use Drinking Water Protection Overlay District Development Establishment of Historic Landmark Inventory Expansion/Modification of a Non-Conforming Use , Expedited Land Division Extraterritorial Extension of Water or Sewer Service Type I Type IV Type IV Type IV Type III Type IV Type III Type III Type III Type III Type I Type I Type III Type I 5.5-100 5.6-100 5.6-100 5,7-100 5.3-100 5.3-100 5.3-125 Applicable Section Applicable Section 3,3-900 5,8-100 5.1-100 5.9-100 3,3-200 3.3-900 5.8-100 5.1-145 5.23-100" Type III Type II Type II Type IV SECTION 5: CHAPTER 5 The Development Review Process and Applications, Section 5.7- 105 Purpose, is hereby amended as follows: I "5.7-105 Purpose A. Clearly define the process for the review of proposals to annex territory to the City; B. Provide a process for the subsequent withdrawal of territory from special service districts; and C. Provide a process for City approval of annexations to certain special districts, including but not limited to: the Lane County Metropolitan Wastewater District; and the Willamalane Park and Recreation District." SECTION 6: CHAPTER 5 The Development Review Process and Applications, Section 5.7- 110 Applicability, is hereby amended as follows: I "5.7-110 Applicability ATTACHMENT A - 3 A. These regulations apply to annexation applications as specified in Section 5.7-125 and B. Other annexation proposals permitted by ORS 222 shall be processed as provided in ORS 222." SECTION 7: CHAPTER 5 The Development Review Process .and Applications, Section 5.7- 113 Definitions, is hereby added as follows: I "5.7-113 Definitions The following definitions are specific to this Section: Affected City. A City, City-County or Cities, named in a petition, for which a boundary change is proposed or a City, City-County or Cities, named in an ordinance or order, for which a boundary change is ordered. Affected County. Each county that contains any territory for which a boundary change is proposed or ordered. Affected District. Each special district named in a petition that contains or would contain territory for which a boundary change is proposed or ordered. Affected district also means a district or districts, named in a petition, for which a boundary change is proposed or ordered. Affected Territory. Territory described in a petition. Affected territory also means an area within the urban growth boundary of a City that is otherwise eligible for annexation to a City where there exists an actual or alleged danger to public health as defined in ORS 222. Annexation. The attachment or addition of territory to, or inclusion of territory in, an existing City or district. Annexation Agreement. A written agreement between the City and owners of land requesting annexation that states the terms, conditions and obligations of the parties to mitigate fiscal and service impacts to the City associated with the annexation and future development of the property, The agreement may be used to ensure annexation consistent with the Metro Plan. Annexation Contract. A contract between a City and a landowner relating to extraterritorial provision of service and consent to eventual annexation of property of the landowner. The contract shall be recorded and shall be binding on all successors with an interest in that property. Boundary Change. An action by the City Council duly authorized by ORS 222 that results in the adjustment of the city limits or the boundary of a public service district. Cadastral Map. A map prepared by the Lane County Assessor's office showing bearings and distances and the boundaries of parcels, lots and tracts of land. Consent to Annex. Forms provided by the affected City that must be included with certain annexation and extraterritorial extension applications which include the signature of the owner of part or all of the affected territory, and electors, if any, as applicable. Contiguous. Territory that abuts the city limits at any point along the property's exterior boundary or separated from the city limits by a public right-of-way or a stream, bay, lake, or other body of water. Effective Date of Annexation. The effective date of the boundary changed as prescribed in ORS 222.040, 222.180 or 222.465, ATTACHMENT A - 4 Elector. An active registered voter at an address within the affected territory. Extraterritorial Connection of Service. The connection of water or sanitary sewer service to developed property located outside the city limits and within the urban growth boundary. Extraterritorial Extension of a Facility. The extension of a water or sanitary sewer line outside the city limits and within the urban growth boundary. , Extraterritorial Service/Facility Contract. A contract between the owner of property proposed to be served and the City specifying and identifying service provisions, obligations of the City and cost obligations of the owner of the affected territory. The decision to enter into such a contract shall be initiated at the sole discretion of the City Council. Filing. The submittal of materials to initiate a boundary change process. Initiation Method. Any of the following' descriptions of participants and documentation necessary for commel1cement of City ann'exation.process: A. All of the owners of land in the territory proposed to be annexed, and not less than 50 percent of the electors,if any, residing in the territory proposed to be annexed, have consented in writing to the annexation and file a statement of their consent to anne>.cation with the City; B. More than half of the owners of land in the territory proposed for annexation who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation and file a statement of their consent to annexation with the City; C. A majority of the electors registered in the territory proposed to be annexed and owners of more than half of the land in that territory consent in writing to the annexation and file a statement of their consent to annexation with the City; D. The City Council may, without any vote or any consent by the owners, annex territory within the urban growth boundary if it is found that a danger to public health exists within that territory and that such condition can be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities; or E. The City Council may, by resolution, initiate annexation of public right-of-way or other public land contiguous to the city limits. . Legal Description. As defined in ORS 308.225(2). Notice. An ordinance, resolution, order, or other similar matter providing notice authorized or required to be published, posted, or mailed. Owner. The legal owner of record according to the latest available Lane County Tax assessment roll or, where there is an existing recorded land contract that is in force, the purchaser thereunder. If there is a multiple ownership in a parcel of land, each consenting owner is counted as a fraction to the same extent as the interest of the other owners and the same fraction is applied to the parcel's land mass and assessed value for purposes of the consent petition. If a corporation owns land in the affected territQry, the corporation must be considered the individual owner of that land. A TT ACHMENT A - 5 Petition. Any document such as signature sheets, resolutio'ns, orders, or articles of incorporation, required for initiating an annexation, withdrawal, or provision of extraterritorial services. In the case of a petition initiated by property owners, the person signing on behalf of a corporation or business must provide evidence,showing that person is authorized to sign legal documents for the firm. Proceeding. A proceeding to consider a boundary change. Proposal. The set of documents required to initiate proceedings for a boundary change. Special Service District. Any of the districts identified in ORS 198, Urban Growth Boundary. A site-specific line, delineated on a map or by written description that separates urban and urbanizable land from rural lands that is part of a comprehensive plan. Withdrawal. The detachment, disconnection or exclusion of territory from an existing City or district." SECTION 8: CHAPTER 5 The Development Review Process and Applications, Section 5.7- 115 Review, is hereby amended as follows: I "5.7-115 Review Annexation applications are reviewed under Type IV procedure, without Planning Commission consideration. EXCEPTION: A single lot/parcel adjacent to the city limits and City services and not dividable by Partition or Subdivision may be annexed by the City Council without a public hearing." SECTION 9: CHAPTER 5 The Development Review Process and Applications, Section 5.7- 120 Development Issues Meeting, is hereby amended as follows: I "5.7-120 Development Issues Meeting The applicant shall schedule a Development Issues Meeting prior to filing an annexation application where staff will inform the applicant of the annexation application submittal requirements and procedures specified in this Section, unless waived by the Director." SECTION 10: CHAPTER 5 The Development Review Process and Applications, Section 5.7-125 Annexation Initiation and Application Submittal, is hereby amended as follows: I "5.7-125 Annexation Initiation and Application Submittal A. An annexation application may be initiated by City Council resolution, or by written consents from electors and/or property owners as provided below, B. In addition to the provisions specified in Section 5.4-105, an annexation application shall include the following: 1. A list of all owners, including partial holders of owner interest, within the affected territory, indicating for each owner: a. The affected tax lots, including the township, section and range numbers; ATTACHMENT A - 6 b. The street or site addresses within the affected territory as shown in the Lane County Regional Land Information Database system (RLlD); C. A list of all eligible electors registered at an address within the affected territory; and d. Signed petitions, as may be required. 2. Written consents on City approved petition forms that are: a. Completed and signed, in accordance with ORS 222.125, by; i. All of the owners within the affected territory; and ii. Not less than 50 percent of the eligible electors, if any, registered within the affected territory; or b. Completed and signed, in .accordance with ORS 222,170, by: ..... i. More than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory (ORS 222,170(1)); or 1 ii. A majority of the electors registered in the territory proposed to be annexed ano a majority of the owners of more than half the land (ORS 222.170(2). iii. Publicly owned rights-of-way may be added to annexations initiated by these two methods without any consents; 3. A City Council resolution to initiate a boundary change, including but not limited to, publicly owned rights-of-way. 4. In lieu of a petition form described in Subsection 2 above, an owner's consent may be indicated on a previously executed Consent to Annex form that has not . yet expired as specified in ORS 222.173 or previously executed Annexation Agreement consenting to the annexation of territory. 5. Verification of Property Owners form signed by the Lane County Department of Assessment and Taxation, 6. A Certificate of Electors form signed by the Lane County ElectionsNoter Registration Department. 7. An ORS 197.352 waiver form signed by each owner within affected the territory, 8. A waiver form signed by each C?wner within the affected territory as allowed by ORS 222,173. 9. A legal description of the affected territory proposed for annexation consistent with ORS 308.225 that will include contiguous or adjacent right-of-way to ensure contiguity as required by ORS 222.111. ATTACHMENT A-7 10. A Lane County Assessor's Cadastral Map to scale highiighting the affected territory and its relationship to the city limits. 11. A list of the districts providing services to the affected territory. 12. A public/private utility plan describing how the proposed affected territory can be served by a full/minimum level of key urban facilities and services. 13. A signed Annexation Agreement, if required by the Director, to resolve fiscal impacts upon the City caused by the proposed annexation. The Annexation Agreement shall address, at a minimum, connection to and extension of public facilities and services. Connection to public facilities and services shall be at the discretion of the City, unless otherwise required by ORS. Where public facilities and services are available and can be extended, the applicant shall be required to do so. 14. A written narrative addressing the proposal's consistency with the approval criteria specified in Section 5,7-140. 15. A fee as established by Council Resolution." SECTION 11: CHAPTER 5 The Development Review Process and Applications, Section 5.7-130 Notice, is hereby amended as follows: I "5.7-130 Notice Notice requirements for annexations shall be as specified below: A. Mailed Notice. Notice of the annexation application shall be mailed at least 14 days prior to the public hearing date to: 1. The applicant, property owner and electors in the affected territory; 2. Owners and occupants of properties located within 300 feet of the perimeter of the affected territory; 3. The neighborhood group or community organization officially recognized by the City that includes the affected territory; 4. . Affected special districts and all other pUblic utility providers; and 5 Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners, B. Newspaper Notice. Notice of the public hearing at which an annexation application will be considered shall be published in a local newspaper with general circulation once each week for two successive weeks prior to the hearing date; and C. Posted Notice. Notice of the public hearing at which an annexation application will be considered shall be posted in four public places in the City for two successive weeks prior to the hearing date. D. Notice Contents. Notice of the public hearing at which an annexation application will be considered shall include: ATTACHMENT A - 8 1. The Lane County Tax Assessor's map and tax lot numbers, street addresses or other easily understood geographical references of the affected territory; 2. A statement that the Director's recommendation will be available seven days prior to the public hearing; and 3. The date, time and place the City Council will hold a public hearing to consider the annexation application." SECTION 12: CHAPTER 5 The Development Review Process and Applications, Section 5.7-135 Fiscal Impact and Annexation Agreement, is hereby amended as follows: I "5.7-135 Recommendation to City Council The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140," SECTION 13: CHAPTER 5 The Development Review Process and Applications, Section 5.7-140 Criteria, is hereby amended as follows: I "5.7-140 Criteria An annexation application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary, and is; 1. Contiguous to the city limits; or 2. Separated from the City only by a public right-of-way or a stream, lake or other body of water. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner; and D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council." SECTION 14: CHAPTER 5 The Development Review Process and Applications, Section 5.7-145 Submittal ofthe Council's Resolution to the LCLGBC, is hereby amended as follows: I "5.7-145 City Council Decision City Council approval of annexation applications shall be by Ordinance." SECTION 15: CHAPTER 5 The Development Review Process and Applications, Section 5.7-150 Zoning, is hereby amended as follows: ATTACHMENT A - 9 I "5.7-150 Zoning Currently, all unincorporated land within the City's urban growth boundary is zoned in compliance with the zoning districts listed in this Code and is designated in compliance with the Metro Plan. Unincorporated land within the urban growth boundary is distinguished from land within the city limits by the addition of the Urban Fringe (UF-1 0) Overlay District established in Section 3.3-800. Upon approval of the annexation by the City Council: A. The UF-10 Overlay District designation shall cease to apply automatically; and B. The current zoning shall apply, unless a zoning map amendment has been submitted and approved by the City. c. The Directorwill not deem an application complete for a zoning map amendment until the annexation has been approved by the City Council and becomes effective, as that term is described in Section 5.7.113." SECTION 16: CHAPTER 5 The Development Review Process and Applications, Section 5.7-155 Notification of Utilities, is hereby amended as follows: I "5.7-155 Effective Date and Notice of Approved Annexation A. The effective date of an approved annexation shall be set in accordance with ORS 222.040, 222.180 or 222.465. B. Notice of Approved Annexation, 1. Not later than 10 working days after the passage of an Ordinance approving an annexation, the Director shall: a. Send by certified mail a notice to public utilities (as defined in ORS 757.005), electric cooperatives and telecommunications carriers (as defined in ORS 133,721) operating within the City; and b. Mail a notice of the annexation to the Secretary of State, Department of Revenue, Lane County Clerk, Lane County Assessor,. affected districts, and owners and electors in the affected territory. The notice shall include: i. A copy of the Ordinance approving the annexation; ii. A legal description and map of the annexed territory; iii. The findings; and iv. Each site address to be annexed as recorded on Lane County assessment and taxation rolls or found in RLlD. c. The notice to the Secretary of State will also include copies of the petitions signed by electors and/or owners of the affected territory as required in Section 5.7-125. 2. If the effective date of an annexation is more than one year after the City Council passes the Ordinance approving it, the Director shall mail a notice of the ATTACHMENT A -10 annexation to the Lane County Clerk not sooner than 120 days and not later than 90 days prior to the effective date of the an_nexation." SECTION 17: CHAPTER 5 The Development Review Process and Applications, Section 5.7-160 Withdrawal from Special Service Districts, is hereby amended as follows: I "5.7-160 Withdrawal from Special Service Districts "A. Withdrawal from special districts may occur concurrently with the approved annexation ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222, B. Withdrawal from special districts processed separate from the process annexing the territory to the City requires a Public Hearing with notice as required in Section 5.7-130. C. Criteria. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. D. Effective Date. The effective date of the withdrawal shall be as specified in ORS 222.465. E. Notice of Withdrawal. Notice will be provided in the same manner as specified in Section 5.7-150," SECTION 18: CHAPTER 5 The Development Review Process and Applications, Section 5.7-165 is hereby added as follows: I ;'5.7-165 Appeals Appeals of the City Council decision shall be to the Land Use Board of Appeals, as specified in Section 5.1-140G." SECTION 19: CHAPTER 5 The Development Review Process and Applications, Section 5.12-130, Tentative Plan Conditions, Subsection P. is hereby amended as follows: "To the extent necessary to satisfy the approval criteria of Section 5,12-125, comply with all applicable provisions of this Code and to mitigate identified negative impacts to surrounding properties, the Director shall impose approval conditions. All conditions shall be satisfied prior to Plat approval. Approval conditions may include, but are not limited to: P. In the case of a Partition of property that is outside of the city limits but within the City's urban growth boundary and no concurrent annexation application is submitted, Consent to Annex forms shall be signed and recorded by the property owner prior to recording the Partition Plat." SECTION 20: CHAPTER 5 The Development Review Process and Applications, Sections 5.23-100 through 5.23-125 Extraterritorial Extension of Water and Sewer Service are hereby added as follows: "Section 5.23-100 Extraterritorial Extension of Water and Sewer Service I 5.23-105 Purpose ATTACHMENT A -11 A. These regulations govern the approval of requests for the extension of water service or sewer service outside of the city limits or extensions that go beyond the city limits and urban growth boundary to reach property within the city limits. These regulations are intended to accomplish the orderly development of land within the community, ensure the adequate provision of public facilities and services, protect the public health and safety of the community and enable development to occur consistent with applicable provisions of the Metro Plan. ') B. The City shall not extend water or sanitary sewer service outside the city limits, unless a health hazard, as defined in ORS 222.840 et seq is determined to exist. Annexation of the territory so served is required if the territory is within the urban growth boundary and is contiguous to the city limits, An alternative to annexation, if agreed to by the City and the owners of the affected property, may occur in the place of annexation. The City may extend water or sanitary sewer outside the city limits or urban growth boundary to provide these services to properties within the city limits. C. Extraterritorial Service/Facility Contracts between a property owner and the City shall be initiated at the sole discretion of the City Council. The provisions of this contract shall be as directed by the City Council in response to the circumstances and conditions within the affected territory which are causative of the request for extraterritorial service. I 5.23-110 Applicability These regulations apply to applications requesting the extension and/or connection of water service or sewer service outside of the city limits and within the urban growth boundary. I 5.23-115 Review Extraterritorial extension of water or sewer service applications are reviewed under Type IV procedures. I 5.23-120 Application Submittal In addition to the provisions specified in Section 5.4-105, an extraterritorial extension of water or sewer service application shall include the following: A. A list of all tax lots proposed to be served, including street addresses and property owner names; B. A legal description of the .property to be served; C. A signed Consent to Annex form for the property pro.posed to be served; D. A map drawn to scale showing the proposed extension of sanitary and/or water lines to include the proposed number of service connections and their sizes and locations; and E. A written narrative addressing the proposal's consistency with the approval criteria in Section 5.23-125. ' . F. A fee as established by Council Resolution. I 5.23-125 Criteria ATTACHMENT A -12 The Director shall forward a written recommendation on the proposed application for extraterritorial extension of sewer or water service to the City Council based on the approval criteria specified in A-G of this SeCtion: A. The property proposed for service is located within the City's urban growth boundary; B. Annexation of the property proposed to be served is currently not possible due to the inability to meet the criteria for annexation specified in Section 5.7-140; C. The property proposed for service is not vacant; D. The provision of service will not prolong uses which are nonconforming uses as specified in Section 5.8-100; E. In the case of an application for extension of water service, the property to be served is connected with an approved means of sewage disposal; F. The proposed extension is consistent with adopted resolutions, policies, plans and ordinances concerning extraterritorial extensions; and G. . Even if a proposed extension is inconsistent with the criteria above, the City may approve an extraterritorial extension of water or sewer service: 1. Where a communicable disease hazard exists and the extension is the only practical remedy as specified in ORS 222.840 et seq; or 2. To property within a dissolved water district within which the Springfield Utility Board is providing service to some properties." SECTION 21: CHAPTER 6 Definitions, the term "Annexation Agreement" is. hereby deleted: SECTION 22: Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 23: Declaration of Emergency. It is hereby found and declared that matters pertaining to this amendment of the Springfield Development Code regarding Annexations to the City affect the public health, safety and welfare of the City of Springfield and that this Ordinance shall, therefore, take effect immediately upon its passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield by a vote of _ for and _ against, this _ day of , 2007. APPROVED by the Mayor of the City of Springfield, this _ day of J 2007, A TrEST: Mayor City Recorder ~;'lr;:~.nrr;f:hri; 7, t\ '._ t., 1';;_ ~'.' 1_. ,~. I," "'-',~_.~._. ~. ~~(PJt[; ATTACHMENT A -13 A~~~~~'A..\ L ~"^ ~ DATE: _Jl-::~-oJ OFFICE OF Cir( f\TTORNEY MEMORANDUM City of Springfield Date: To: From: November 5, 2007 Springfield Planning Commission Gregory Mott, Planning Division Manager COMMISSION BRIEFING MEMORANDUM Subject: Annexation Transition Code Amendments ISSUE: By enactment of the 2007 legislature, the Lane County Local Government Boundary Commission ceases to exist on July 1, 2008; annexation to cities becomes the jurisdiction of the affected city while annexation to districts, district creation, and district dissolution or district consolidation is the jurisdiction of Lane County. In acknowledgement of the abruptness of this legislation and the limited opportunities to get on a Boundary Commission agenda, applications to annex to cities submitted after January 1, 2008 shall be processed solely by the cities. The attached amendments are intended to fulfill this obligation and will, if adopted by Council on December 3,2007, become effective on January 1, 2008. BACKGROUND: Senate Bill 417 abolishes the Lane County Local Government Boundary Commission (Boundary Commission), extinguishes the assessment to cities that funds Boundary Commission operations, and terminates the Boundary Commission staff, all effective June 30, 2008. This legislation also amends most of ORS 199 (statute conferring Boundary Commission authority) and shifts the annexation laws now applicable to Springfield to ORS 222. The "sunset" date for the Boundary Commission and Boundary Commission staff is June 30, 2008, but the Boundary Commission will not process any applications submitted after December 31, 2007. The Boundary Commission will utilize this tinal 6-month period to . process/complete all pending annexation applications and any others submitted between now and December 31st. For example, the City is currently processing 9 annexation applications submitted earlier this year but which have not gone before the Council for action. Each of these applications will be presented to the Council this year in order to be included in Boundary Commission business in the first half of next year. This will allow these applications to be processed using the same law in effect at the time of their submittal. Annexations submitted after January 1, 2008 will be processed under the new law (ORS 222) and under the sole jurisdiction of the Springfield City Council. DISCUSSION: The consequences of these changes are significant to Springfield both in terms of procedure and cost. Until enactment of SB 417, the City's role in the annexation process was to determine if services could be extended (how and at whose cost), request Council adoption of a resolution in support of the annexation, and deliver to the Boundary Commission staff the documentation used by the Council for this recommendation. From that point forward the Boundary Commission staff would validate all signatures; confirm the presence or absence of electors residing on the property; confirm the accura.cy of the form of annexation (double/triple majority; delayed effective date; extra-territorial extension of services, expedited process); review, and if necessary, perfect the legal description; prepare legal notices; prepare the staff report in response to legislative criteria of approval and Metro Plan policies; and staff the Boundary Commission public hearings. Following a Boundary Commission approval, Boundary Commission staff would provide all the necessary notifications, including Lane County Assessment and Taxation; Lane County Clerk; LCOG GIS; affected schools, utilities and other serVice providers; Secretary of State; ATTACHMENT B-1 the Department 01 Revenue; and the affected city. All of this work, belo~ and after Council action, becomes the sole responsibility of City staff, including Developm;ent Services, Public Works, City Manager, Finance and the City Attorney. . I The substance of annexation has changed along with the staffing respohsibilities. Under the Boundary Commission rules (ORS 199) non-contiguous annexation~ were permitted - ORS 222 does not allow non-contiguous annexations therefore such a~ annexation is not permitted by the proposed Code amendments1. . i The Boundary Commission laws required Boundary Commission appro~al if water or sanitary sewer was extended out,side the city limits of the service provider, also known as an extra-territorial extension. ORS 222 recognizes extra-territorial extehsion for purposes of health hazard remediation or simply for service extension in the absence of a health hazard. The former can be contingent upon annexation; the latter can 0ccur through a contract and consent to eventual annexation. The proposed Code am~ndments include both circumstances but the non-health hazard circumstance is a local option; the Council does not have to allow this service provision circumstance. The Metro plan states that the extension of any new urban service to unincorporated territory can only occur through annexation, contractual annexation, and annexation to an existing district, or creation of a new district. (Chapter II-C, page 6).2 The draft ordinance is consistent:with these Metro Plan policies. i ORS 199 allowed for an expedited procedure which is essentially an approval of an annexation within 25 days of submittal and without a public hearing. Tne expedited procedure is not included in the provisions of ORS 222 but this absenc~ does not preclude the City from providing such a process; the draft ordinance recommends public hearings for all annexation applications but does include an exception to the hearing process for residences on an undividable lot where sanitary sewer is already avail~ble to the property. This provision can be included or not at the Council's preference. Under Boundary Commission law, annexations were approved by the Boundary Commission and appeals of those decisions were heard by the Court of Appeals. Such an arrangement meant the action of the Council and Boundary Commissiqn was not a land use decision and therefore not subject to the 120 day decision standard or the Dolan v. Tigard test for proportionality. As a result the annexation process took ~considerably longer than 120 days and may have included conditions of approval difficult to obtain in the normal land use decision environment. Annexations which are the jurisdiction of cities are land use decisions, are appealed to LUBA and may be subject to 120 day time lines. The draft ordinance does not speak to the 120 day timeline for processing but it ~oes preserve annexation agreements as a condition of approval. : The draft amendments to the Code were released for public review on INovember 13th, seven days before the public hearing on the 20th. The Planning Comrriission will be asked to conduct a public hearing on the proposed Code amendments; consider public testimony as it applies to these amendments; consider the "local option" provisio~s (those not required by ORS 222) and forward a recommendation to Council for thbir consideration during their public hearing on December 3rd. As was noted in footnote 12, consistency with the Metro Plan is relevant to those growth management policies that do not include I I Policy # [2, Chapler U-C, page 5 provides as follows: "When Ihe fullowiog crileria lare met, either Spriogfield or Eugene may annex land which is not contiguous to its boundaries." This policy is now at odds with the applicable statute Eugene and Springfield must observe when processing annexations. I 2 The exigent nature of this legislation makes it imperative that the SDC amendment is in effect on 1/1/08; it is not possible to amend the appropriate sections of the Metro Plan on such short noticcl and in any case, all three elected bodies must adopt amendments to this section of the Metro Plan. ATTACHMENT B-2 provisions of ORS 199. Where references to the Boundary Commission or annexation I methods exclusive to the Boundary Commission or ORS 199 exist in the Metro Plan, these Code amendments have no effect in as much as the Oregon Legislatur~ has invalidated those provisions. i I I RECOMMENDED ACTION: Conduct a public hearing on these proposed Code amendments, consider public testimony and findings, and forward a recommendation(s) to the City Council. I , Attachments: 1. Staff Report and Findings in Support of Proposed Code Amendments 2. Planning Commission Final Recommendation 3. Proposed Code Amendments i I. ATTACHMENT B-3 ATTACHMENT 1 i SEC AMENDMENT I I STAFF REPORT, FINDINGS AND ORDER APPLICANT City of Springfield - Journal Number LRP 2007-00026 I I . . Amend Chapters 3 and 5 of the Springfield Development Cdde to repeal eXIstmg provisions for annexation and replace with new annexation nrovisions in conformance with Oregon Revised Statute 222. 1 PROPOSAL BACKGROUND The 2007 Oregon Legislature abolished the Lane County Lo~al Government Boundary Commission and transferred all urban annexation responsibilities to the cities within Lane I County and all district annexation responsibilities to the Lane County Board of Commissioners. The law requires cities and the county to assume these responsibilities on January 2, 2008. These proposed amendments will vest the Springfield City Council with the authority to initiate, accept, review and approve all anne~mtions to the City of Springfield and all extraterritorial extension of water or sew~r service to areas outside the city limits of Springfield. These amendments describe the method of annexation; the submittal requirements; the criteria of approval; the require~ent for contracts, consents and agreements; the requirement of a fee; and the notice obligati~ns for public hearings and notice of approval. All of the provisions of these amendmeqts are either required by ORS 222, enabled by ORS 222, or a local option in the furtheranqe of compliance with ORS 222 and the Eugene-Springfield Metropolitan Area General Plan!. I I SPRINGFIELD DEVELOPMENT CODE CRITERIA OF APPROVAL FOR SDC AMENDMENTS (5.6-115): i I Amendments to the Springfield Development Code are based on .conformance with the following criteria: I I I (I) The Metro Plan; I (2) Applicable State statutes; and i (3) Applicable Statewide Planning Goals and Administrative Rules. I . The proposed amendments are intended to implement the provisi'ons of Senate Bill 417 enacted in the 2007 Oregon Legislative Session. Senate Bill 417 abolishes the Lane County Local Government Boundary Commission, extinguishes the assessment to cities that funds Boundary Commission operations, terminates the Boundary Commission staff, and vests annexation authority with the cities within Lane County and with Lane County. Citie~ are now subject to compliance with the provisions of ORS 222. ORS 222 establishes the methdd of annexation; eligibility of properties for annexation; circumstances for requiring annexatioh for extra-territorial extension of ATTACHMENT B - 4 services; provision of notice for annexation proposals; provision df notice of annexation approvals; provisions for withdrawal from special service districts; and provikions for elections when that option is selected by a city. The proposed amendments include a purpose statement; an applicability section; definitions; the review process; initiation and application submittal; notice; criteria of approval; withdrawal procedures; appeals; and extra-teriritorial extensions. I I Criteria (1) Conformance with the Metro Plan , i The Metro Plan is the guiding policy document for land use decisions in the metro area. The following excerpts from various sections of the Metro Plan are ap~licable to these proposed Code 1 amendments: I I 1 Chapter II Fundamental Principles and Growthl Management Policy I A. Fundamental Principles , , 6. The Metro Plan is based on the premise that Eugene and Springfield, the two existing cities are the logical providers of services accommodating urban levels of development within the UGB. The proposed amendments require City Council approVal for annexation to allow service delivery, or extraterritorial extension of water or sanitary ~ewer service. B. Metropolitan Goals - Growth Management 1 2. Encourage orderly and efficient conversion of land from rural to urban uses in response to urban needs, taking into account metropolitan and statewide goals. See Sections 5.7-105 Purpose; Section 5.7-140 Criteria. B. Metropolitan Goals - Public Facilities and Services 1. Provide and maintain public facilities and services in an efficient and environmentally responsible manner. See Section 5.7-140 Criteria; Section 5.23-100 Extraterritorial Extension of Water or Sewer Service.' ' C. Growth Management Goals, Findings, and Policies I I 1. The UGB and sequential development shall continue to be ~mplemented as an essential means to achieve compact urban growth. The provision of all urban services shall be concentrated inside the UGB. See 3.3-825; 5.7-140 8. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: a. A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. I 2 ATTACHMENT B - 5 b. There will be a logical area and time within which to deliver ~rban services and facilities. Conversion 0" urbanizable land to urban shall also be consistent with the Metro Plan. See same 'J , I citations as Policy # 1 above. 1 I 1 10. Annexation to a city through normal processes shall contint,e to be the highest priority. This ordinance establishes new annexation processes for City Council approvals, consistent with ORS 222. . 21. When unincorporated territory within the UGB is providediwith any new urban service that service shall be provided by the following method (in priority order). i a. b. Annexation to a city; Contractual annexation agreements with a city; See Section 5.7-140 Criteria 1 I I 22. Cities shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard annexation is required. See Section 5.23-100 Extraterritorial Extension of water or sewer service. Chapter III Specific Elements A. Residential Land Use and Housing Element A.4 Use annexation, provision of adequate public facilities and services, rezoning, redevelopment, and infill to meet the 20-year projected housing demand. These amendments . vest annexation authority with the Springfield City Council and regulate the efficient delivery of services through annexation and extraterritorial extension. i A.8 Require development to pay the cost, as determined by the local jurisdiction, of extending public services and infrastructure. The cities shall examine ways to provide subsidies or incentives for providing infrastructure that supp~rt affordable housing and/or higher density housing. See Section 5.7-125 Annexation Initiation and Application Submittal; Section 5.7-140 Criteria. ! I B. Economic Element I I B.25 Pursue an aggressive annexation program and servicing of designated industrial lands in order to have a sufficient supply of "development ready" land. IThese amendments vest annexation authority with the Springfield City Council; See Section 5.7-140 Criteria. I i B. 26 In order to provide locational choice and to attract new c9mpus industrial firms to the metropolitan area, Eugene and Springfield shall place as a higlt priority service extension, annexation, and proper zoning of all designated special light industrial sites. These amendments vest annexation authority with the Springfield City Council; See 'Section 5.7-140; Section 5.23- 100. I I 3 ATTACHMENT B - 6 G. Public Facilities and Services Element The following policy references are directly applicable to these amendments: G.1, G.2 page I III-G-4; G.4, G.6, G.9 page III-G-5; G.11 page III-G-6; G-28 page III-G-13; G.35 page III-G- 14. These amendments address these policies by requiringSpringfJeld City Council approval of all service extensions with the UGB. The Council decision on such matters is contingent upon findings of consistency with Section 5.7-140 Criteria, subsection C.: The proposed annexation is consistent with applicable policies in the Metro Plan and anv applicable refinement vlans or Plan Districts. Criteria (2) Conformance with Applicable State Statutes i ORS 222 establishes the jurisdiction of cities to regulate and approve annexation of territory and the extraterritorial extension of services. Senate Bill 417 abolished the Lane County Local Government Boundary Commission and transferred the annexati~n authority to all cities in Lane County and to Lane County. These amendments comply with the: requirements of this legislative act and the Oregon Revised Statute i I Criteria (3) Conformance with applicable State-wide Plannin~ Goals and Administrative Rules The City's comprehensive plan and development code are ackno~ledged by the State of Oregon to be in compliance with all applicable statewide planning goals anc\ administrative rules. This proposed amendment is consistent with the plan policies cited in previous pages and with ORS, and so, by extension, conforms to applicable statewide plarining goals and administrati:ve rules. However, the following findings are included in this recorq. Goal J: Citizen Involvement 1 The proposed amendments are the subject of legislative public he:arings advertised in the Eugene Register Guard on November 12,2007. The Planning Commiss;on conducted a public hearing on November 20,2007. The City Council held a publicized work session on November 5, 2007 and a work session and public hearing on December 3,2007. . ! Goal2: Land Use Planning 1 This goal states: "All land-use plans and implementation ordinarices shall be adopted by the governing body after public hearing and shall be reviewed and, as needed, revised on a periodic cycle to take into account changing public policies and circumstahces, in accord with a schedule set fort in the plan. i i "Implementation Measures -- are the means used to carry out the 'plan. These are of two general types: (I) management implementation measures such as ordina?ces, regulations or project plans, and (2) site or area specific implementation measures such as permits and grants for construction, construction of public facilities or provision of services." These amendments establish the method for annexation to the City of Springfield; the requirement I of the application for annexation; notice of the proposed annexation and public hearing; the criteria of approval for annexation; the process to provide extraterritorial! extension of water and. sanitary I 4 ATTACHMENT B - 7 sewer; and notice ofthe approved annexation. These changesar~ consistent with existing policies in the Metro Plan. Goal3: Agricultural Lands This goal does not apply within adopted, acknowledged urban gro,Wth boundaries~ The City of Springfield does not have any agricultural zoning districts. These: amendments do not apply outside the urban groWth boundary and, because of limitations on :commercial and industrial development without full urban services, generally do not apply outside the city limits. I Goal4: Forest Lands I I This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any forest zoning districts. These amendments do not apply outside the urban growth boundary and, because of limitations on commercial and industrial development without full urban services, generally do not apply outside the citY limits. I I Goal5: Open Spaces, Scenic and Historic Areas, and Natural R~sources These amendments do not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any identified natural resources. No changes to supporting ordinances or policy documents adopted to comply with Goal 5 are affected by these amendments. Goal 7: Areas Subject to Natural Disasters and Hazards All sites within Springfield subject to these hazards (floodplain, ~rosion, landslides, earthquakes, weak foundation soils) are inventoried through a variety of sourcbs. These amendments do not remove or exempt compliance with all other Code standards that ~ay apply to the site upon annexation. Goal8: Recreational Needs Willamalane Park and Recreation district provides for the recreational needs of Springfield through its oWn park planning. Park needs and facilities are based on existing and projected populations. These amendments have no influence on population projections because they do not change permitted density within residential plan designations. These amendments do not influence the ,ability of the park district to acquire land for parks. These amendments will allow the orderly provision of services to park land as needed. i . I Goal 9: Economic Development This goal is intended to preserve and enhance economic developr;nent activities, including preservation of sites for industrial and commercial use. These amendments will enable service extension to be provided to these sites consistent with economic ~evelopment policies contained in the Metro Plan. GoallO: Housing I I ''to provide for the housing needs of citizens ofithe state." This goal states: 5 ATTACHMENT B - 8 Consistent with Metro Plan policies AA and A.S, these amendmeAts will facilitate provision of housing by allowing unserviced land to annex to the City and rec~ive necessary services to enable urban density development I I Goal 11: Public Facilities and Services I I This goal states: "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural I development." Urban facilities and services include the appropriate types and levels of police protection; sanitary facilities; storm drainage facilities; planning, zoning and subdivision control; healh. services; recreation facilities and services; energy and communication services; and communitSr governmental services. These amendments will enable the timely, orderly and efficient provisioh of these services to land ready for conversion from rural to urban use. Goa112: Transportation This goal states: "To provide and encourage a safe, convenient ~d economic transportation system." These amendments have no direct relationship to this goal; however, urbanization requires the comprehensive assessment of all services in a coordinated fashion, therefore development cannot proceed in the absence of any service, including water, sewer and streets. Goal 13: Energy Conservation This goal states: "To conserve energy." The logical and orderl~ provision of urban services is consistent with the intent of this goal. I 1 Goa114: Urbanization I I This goal states: "To provide for an orderly and efficient transiti~m from rural to urban use." These amendments vest the City Council with the authority to approve annexation and extraterritorial extension of services consistent with the Growth Management Policies of the Metro Plan cited above, ~ Goa115: Willamette River Greenway This goal states: "To protect, conserve, enhance and maintain the natural, scenic, historical, I agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway." These amendments do not exemp~ the applicant's obligation to comply with the City's existing requirements for development approval within the Willamette River Greenway. The Greenway provisions allow development ~fpermitted uses in the underlying zone, provided that all other Greenway requirements are satisfied. The City's adopted, acknowledged Greenway ordinance will not be changed by thesel amendments. I I Goal 16: Estuarine Resources; Goal 17: Coastal Shorelands; Goal 18: Beaches and Dunes; and I Goa119: Ocean Resources I . These goals do not apply within the boundary of the adopted, acknowledged Eugene-Springfield Metropolitan Area General Plan. 6 ATTACHMENT B - 9 Chapter 660 of Oregon Administrative Rules establishes interpre~tion of a number of statewide planning goals. These rules are generally designed to provide clarity or specific instruction regarding the implementation of the goals. Annexation starts the 60nversion of rural land to urban density development. That development cannot proceed without Water and sewer service, both of which cannot be made available without compliance with the pro~osed annexation amendments. I OAR 660-011-0000 Purpose states: i "The purpose of the [publicfacility plan} is to help assure that urban development in such urban growth boundaries is guided and supported by types and levels of urban facilities and services appropriate/or the needs and requirements of the urban areas to be serviced, and that those facilities and services are provided in a timely, orderly and efficient . arrangement" See Section 5.7-140. I OAR 660-011-0060 and 660-011-0065, Sewer Service to Rural L~ds, Water Service to Rural Lands, respectively, are faithfully implemented by policies G.25-G.32 of the Metro Plan (pages ill- G-12 and ill-G-13); a fmding of consistency with these policies has been established for these amendments at page 3 of this findings document. , 1 I 1 OAR 660-018-002 requires the filing of proposed plan amendments or land use regulations with the Department at least 45 days prior to the initial public hearing and to include the date of the fmal hearing. The notice was sent to the Department on September 26~ 2007 and included the date of November 20,2007 for the initial evidentiary hearing and the date of December 3,2007 as the date for the final public hearing. 7 ATTACHMENT B -10 RECOMMENDATION TO CITY COUNCIL FOR THE AMENDMENT OF THE SPRINGFIELD DEVELOPMENT CODE CHAPTERS 3 AND 5 TO REPEAL PROVISIONS FOR ANNEXATION AND REPLACE WITH LANGUAGE CONSISTENT WITH OREGON REVISED STATUTE 222 BEFORE THE PLANNING COMMISSION I OF THE CITY OF SPRINGFIELD, OREGON I I JO. No.ILRP 2007-00026 ] ] ] ] ] ] ] RECOMMENDATION TO THE CITY COUNCIL PROPOSAL The 2007 Oregon Legislature adopted Senate Bill 417 on May 10, 2;007; the Governor signed the law on May 31, 2007; the law was published in Chapter 239 of the 2007 Laws in June, 2007. These actions abolished the Lane County Local Gov~mment Boundary Commission (Boundary Commission); extinguished the assessmentito cities and Lane County providing the funds for the operation of the Boundary Commission; and terminated the Boundary Commission staff. The effective date oftl1e law is January 1, 2008; therefore the City must adopt and implement new annexation laws by this same January 1st date. Amendments to Chapters 3 and 5 of the Springfie~d Development Code (SDC) will properly transfer the authority to approve annexations from the Boundary Commission to the City Council. 1. On September 26,2007, the City of Springfield notified the; Department of Land Conservation and Development of the following SDC amen,dments implementing SB 417: I Jo. No. LRP 2007-00026 City of Springfield, Applicant - Springfield Development Code Amendments. ' 2. Pursuant to Section 5.2-115 Notice of the SDC, timely and ~ufficient notice of two separate public hearings was published on November 1~, 2007 in the Register Guard. ; I I 3. The public hearings described above to consider these amendments were held by the Planning Commission on November 20,2007 and by fu,e City Council on December 3,2007. The Development Services Department staff notes and recommendation together with the oral testimony and writtbn submittals of the persons testifying at those hearings have been considered abd are part of the record of this proceeding. ATTACHMENT B -11 CONCLUSION On the basis of this record, the proposed SDC amendments are consistent with the criteria of Section 5.6-115 of the Springfield Development Code. This gendral fmding is supported by the specific findings of fact and conclusion in Attacmrlent 1, Staff Report and Findings. : I ORDER/RECOMMENDATION It is ORDERED by the Springfield Planning Commission that approval of Jo. No. LRP 2007-00026, be GRANTED and a RECOMMENDATION for approval is forwarded to the Springfield City Council. Planning Commission Chairperson ATTEST AYES: NOES: ABSENT: ABSTAIN: ATTACHMENT B -12 RESOLUTION No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING THE ADOPTED MASTER SCHEDULE OF MISCELL~OUS FEES AND CHARGES, RATES, PERMITS, AND LICENSES TO PROVIDE FOR! THE ADDITIONOF I "ANNEXATION FEES (MINOR BOUNDARY CHANGES)" AND "EXTRATERRITORIAL W ASTEW A TER OR WATER LINE EXTENSION." WHEREAS,ORS 192.440 (3) authorizes a public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including dosts for summarizing compiling, or tailoring such records, either in organization or media, to meet an individual's request; and I WHEREAS, the adopted Master Schedule maintains all rates, permit:fees, license fees, and other fees and charges at their previous rates except for Annexation Fees (minor boundary changes) and Extraterritorial Wastewater or Water Line Extension; and WHEREAS, the opportunity for public comment at a public hearing ~as been provided prior to the adoption ofthis Resolution. , NOW THEREFORE, be it resolved by the Common Councilofthe City of Springfield as follows: , I) Except as specifically amended by the addition of "Annexation Fees (minor boundary changes)" and "Extraterritorial Wastewater or Water Line Extension," all other rates, permit fees, license fees and other fees and charges for the City of Springfield Master Schedule of Miscellaneous Fees and Charges, Rates, Permits and Licenses shall remain in full force and effect. 2) Future Resolutions of the Common Council may be adopted to amend, add, or delete any rate, permit fee, license fee, or other fee or charge. ' 3) In the event a particular rate, permit fee, license fee, or other fee Of charge should be held invalid by operation of law or any court of competent jurisdiction or the enforcement of any fee restrained by such court pending the final determination as to its validity, the remainder of the rates, permit fees, license fees, fees and charges specified in the Master Schedule, :Exhibit A, shall not be ~ffected thereby and shall remain in full force and effect. · 4) This Resolution shall take effect on the 02nd of January, 2008. This Resolution adopted by the Common Council of the City of Springfield !this 3rd day of December 2007, by.a vote of _ for and _ against. APPROVED by the Mayor of the City of Springfield this 3rd day of Decemper 2007. Sidney W. Leiken, Mayor Attest: Amy Sowa, City Recorder " -; .~' ;Xi r,{r[WVt~ Attachment C I .' \. .) t=ORiJI l ....}o,c:..c.~ ~ ~~ , . - .~. _.J:'-C.U~.~ (,(T OF CiTY ATTORNEY ...:Type IOescriptigQil{!W. ,<""',' - _u.O .".,---_,-'--,., '__,_,'-_'_ ':"'.,,'_".,".""", Ambulance and Emergency Medical Services User Fees Fire and Life Safety City of Springfield I Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I I I Emertencv & Non-Emergency Transport Rates Base Rate: $1,150.00 Mileage - $15.50 per patient mile - (pro-rated for multiple patients transported in the same medic unit) Regular - $1,150.00 Pre-Scheduled Non-Emergency Basic Life Base Rate: $287.50 (25% of the regular base rate) Mileage - $15.50 per patient mile Sit-Up Patients - $575.00 (50% the regular base rate) Mileage - $15.50 per patient mile Aid Call- $57550% the regular base rate) Waiting Time - $60.00 per Yz hour after first Yzhour Extra Attendant - $75.00 Ambulance Stand-by - $120.00 per hour Stand-by on Scene Coordinator - (per hour) - $60.00 Helicopter Calls: Actual Vendor Charge Helicopter Calls in addtion to helicoper and pilot director charges: Base Rate $900.00.. Mileage at $15,50 iftransport paramedic crew to location of helicopter Asphaltic Job Mix Testing Fee Public Works $350 for each Public Improvement Project using asphaltic paving. 5% Tf1chnology Fee (surcharge) will be applied when imposed or collected. Bike Path Maps Citywide 5% Technology Fee (surcharge) will be applied when imposed or collected. $4.95 Attachment C Exhibit A Page 1 of 12 Council Resolution 11/05/07 Council Resolution 5/21/2007 ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to - reimburse it for its actual costs in making such records available including costs for summarizing, compiling, or tailoring such records, either in organization or media, to meet the person's request. c' ..;JVR~'j..'.'..D........e. ~~r.ip~ionJY' .4f' _ ~ toT:'; Certified Copies Citywide Exceptions: Municipal Courf Police Reports Collection Fees Municipal Court City of Springfield Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I None established I I $5.00 per file, plus $5.00 notary fee I 1 $15.00 for first 4 pages and $ .50 each additional page, plus $5.00 notary fee 25%, but not to exceed $250.00. Fee to be assessed when payment is delinquent. Fee assessment not dependent upon assignment to a collection agency, Attachment C Exhibit A Page 2 of 12 ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling, or tailoring such records, either in organization or media, to meet the person's request. ORS 194.164 establishes the authority to charge notary fees up to the maximum fees provided in OAR 160-100-400. Fees to be charged within the city are set by Council Resolution. ORS 137.118 (a) provides the authority to charge and stipulates the maximum fee allowed to be 25%, but not to exceed $250.00. HB3737A (Admin), (Chapter 801) OR LAWS 1997 Section 99 permits a municipal, justice, district circuit court to recoup the cost of collection action made necessary by the failure of judgment debtors in criminal actions to pay timely deferred payment agreements. Council Resolution City of Springfield Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I Municipal Court Graduated Fee Schedule based on fine amount imposed or Council Resolution forfeiture amount. Whenever the court forfeits money or imposes a sentence of a fine, including a sentence imposed I and thereafter suspended, excluding parking violations, a fee i addition to such sentence shall be collected. The fee is not i part of the penalty or in lieu of any part thereof. The amount: 0 I the fee shall be as follows: I I (1) $5 for amounts: $5 to $14.99 I (b) $15 for amounts: $15 to $49.99 i (c) $18 for amounts: $50 to $99.99 I (d) $25 for amounts: $100 to $249.99 (e) $30 for amounts: $250 to $499.99 (f) $66 for amounts: $500 or more The court is not required to impose the fee if it finds that the I 1 defendant is indigent or that imposition of the assessment i would constitute an undue hardship. Payment to the court shall not be credited to the fee pursuant to ORS 137.295 until after crediting to category 1 (compensatory fines), category 2 (victi restitution) and category 3 (unitary assessment) have been . credited in full. . ORS 151.485 and ORS 161.665 provide the authority to collect and pay. Council sets the amounts to be paid by Resolution. Court Appointed Attorney Fee Municipal Court Municipal Court Municipal Court CPR Training Fire and Life Safety $50.00 - per case if fail to appear $75.00 - per case if settled pre-trial $150.00 - per case if goes to trial $10.00 FireMed Members $25.00 Non-FireMed Members Council Resolution Criminal History Report Police $5,00 first 4 pages and $ .75 each additional page ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. Fees to be charged within the city are set by Council Resolution. Attachment C Exhibit A Page 3 of 12 City of Springfield Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I . I ,61"yg~'1 D~Sf~ip!ipQ:', Deferred Prosecution Diversion Fee (non-DUll) Municipal Court I . . $50.00 to $250.00 determined by Judge and City Prosecutor on ORS 135.881 and ORS 161.665 a case by case basis. I Distribution Fee Municrpal Court 15% of fee ORS 137.309 (7) (b) DUll Diversion Administrative Expense Fee Municipal Court $100.00 ORS 813.240 (b) sets fee at $100.00 to be treated as provided for disposition of fines, costs, and forfeited bail under ORS 153.630 FireMed Membership Fire and Life Safety $52.00 per year per household for regular membership Council Resolution 06-12 Mar 20 $47.00 per year per household for Job Care membership Fire Marshal's Office Fees Fire and Life Safety Annual Inspections: $0. Adopted by Council Resolution 6/18/07. Authority to set by Springfield Fire Code 1st Reinspection by Engine Company: $0. 2nd Reinspection Fee: $25.00 Referral to Fire Marshal's Office: $60. Ifreferral inspection exceeds 1 hour, an additional $15. for every 15 minuates portion (or part thereof) of reinspection time in excess of 1 hour. Fire Protection and Life Safety System Permits Adopted by Council Resolution 6/18/07. Authority to set by Springfield Fire Code 3% of the total valuaiton ofthe work to be pefomed for the system up to a system's contract value of$50,000. Then: $3. for each additional valuation of$I,OOO. or portion I thereof. Minimun charge shall be no less than $120. Additional staff time for work performed in excess of2 hourJ: An. additional $15. for every 15 minute portion (or part there6f) The above formula will be applied to calculate fees for permit Adopted by Council Resolution 6/18/07. adopt4ed in the City of Springfield 2007 Fire Code: I Authority to set by Springfield Fire Code I I 105.7.1 Automatic fire extinguishing systems and appurtneances 105.7. 1.1 Fire Supression Sprinkler systems Attachment C Exhibit A Page 4 of 12 .il,!:Pel.D~~FriR~.i9n.;1i~..~i. GIS Rates (Standard) Public Works City of Springfield I Master Schedule of Miscellaneous Fees and Ch*ges, Rates, Permits, and Licenses i 105.7. 1.2 Commercial kitchen hood supression systems .105.7.2 Battery Systems 105.7.3 Compressed gases 105.7.3.1 Detection systems, liquid and gas leak systems. 105,7.4 Fire alarm and detection systems and related equipment. 105.7.5 Fire pumps and related equipment. 105,7.6 Flammable and combustible liquids. 105.7.7 Hazardous materials. 105.7.9 Private water mains and hydrant systems. 105.7.10 Private fire hydrants 105,7.11 Spraying or dipping. 105,7,12 Standpipe systems. Fire Deoartament New Construction Square Footage Fee Fee collected by DSD Building Safety Division at ! issuance of building permit as an additional fee through the Tidemark program. ! a. Each residential square footage created requiring a i building permit X $0.05; (Example: 1550 sq ft house X i $.05 = $77,50) . b. Each commercial square footage created requiring al building permit X $0.10 ; Digital Data Requests: Planimetrics $60.00 - Hourly Rate (1 hr minimum) $90.00 - Up to 50 acres $150.00 - Minimum Charge I I I $275.00* - Charge per mapsheet (approximately 138 acres) I $1,280* - Charge per square mile (640 acres) I * = plus time in excess of 1 hour at $60.00 per hour I I I I $2.00* - Charge per additional acre above 45 acres Half Foot Orthoohotograohy $60.00 - Hourly Rate (1 hr minimum) $40.00 - One Image Attachment C Exhibit A Page 5 of 12 Intergovernmental Agreement with Lane Council of Governments per ORS 190.050 providing authorization to impose and collect reasonable fees based on market prices or competitive bids for geographic data that have commercial value and are an entire formula, pattern, compilation, program, device, method, technique, process, database or system developed with a significant expenditure of public funds. Typel...Desc~ipli~!1 5% Technology Fee (surcharge) will be applied when imposed or collected.' Interlibrary Loans Library Large Format Copies * Citywide 5% Technology Fee (surcharge) will be applied when imposed or collected. Microfilm Copies Development Services Police City of Springfield I Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I I $100.00 - Minimum Charge $40.00* - Charge per additional image * = plus hourly rate at $60.00 per hour Plot Requests $45.00 - Standard City Maps (without Orthos) $50.00 - Standard City Maps (with Orthos) I I $60.00 per hour - Custom Plot Request: Plot Compilation ~d Plotting Charge 1 $6.00per linear foot - Custom Plot Request: Copy of a Completed Plot $3.00 per item $3.00 per sheet *Large Format = 11" X IT' or Larger $ .75 per page $15.00 per report . Attachment C Exhibit A Page 6 of 12 i;i?iitlji~ri.~~f()..S~!i~Sfh~n~,~:il}~i){i'.. ..., ORS 357.490 provides general powers to the Library Board to formulate rules and policies for the governance of the library and such other activities as the governing body may assign. Fee set by recommendation of Library Board, then Council Resolution. ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in- making such records available including costs for summarizing, compiling, or tailoring such records, either in organization or media, to meet the person's request. 5/21/07 ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. Fees to be charged within the city are set by Council Resolution. Non-Resident Fee for Library Card Library Non-Sufficient Funds Fee Citywide Operat!onal Permit Fee Fire and Life Safety I City of Springfield I Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I $60.00 per year ORS 357.490 provides general powers to the Library Board to formulate rules and policies for the governance of the library and such other activities as the governing body may assign. $33.00 per six months $18.00 per three months $7.00 per one month Fees recommended by Library Board, and adopted by Council Resolution. $25.00 ORS 30.701(5) provides the authority to a reasonable fee representing the cost of handling and collecting on the check. Total fee for any single check may not exceed $25.00. Council sets the amountto be charged by the city by Resolution. Amount set by Council Resolution. Authority to charge set by Springfield Fire Code. 6/18/07 Annual fee for the inspection $325.00 per permit of occupancies requiring Hazardous Materials Permits Operational Permit Fee Fire and Life Safety Fee for the inspection of occupancies requiring hazardous materials permits. other than annual permits. Overdue Item Fee Library Library Library $325.00 per permit Amount set by Council Resolution. Authority to charge set by Springfield Fire Code. 6/18/07 . I Videos - $ .50 per day per item, maximum of $2.00 per item I All other items - $ .10 per day per item, maximum of $2.00 pbr item ORS 357.490 provides general powers to the Library Board to formulate rules and policies for the governance ofthe library and such other activities as the governing body may assign. Collection fee oflong overdue items - $5.00 per account Fees recommended by Library Board, and adopted by Council Resolution. Attachment C Exhibit A Page 7 of 12 City of Springfield Master Schedule of Miscellaneous Fees and Charges, . Rates, Permits, and Licenses I 1 Payment Agreement Fee Municipal Court Photocopy Charge Citywide Exceptions: Development Services Fire and Life Safety Fire and Life Safety Library Municipal Court Municipal Court Police Reports Photographs Police ORS 1.202 authorizes fee for establishing $25.00 for amounts up to $249.00 and/or first payment and administering account for judgment that agreement. . I. includes monetary obligation; fee for : 'udgment. (1) All circuit courts and $50,00 for amounts $250.00 and above and/or for any payment II f h' d II . .. I . appe ate courts 0 t IS state an a agreement Issued more than once as a result of delinquent i . . d . . . t. commiSSions, departments an diVISions of ac Ion. . the Judicial branch of state government, shall add a fee of not less than $25.00 and not more than $50.00 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. I No charge for first 5 pages or first half-hour of research time; $ .10 per page thereafter, plus actual cost of City staff time and! materials required to complete the request. .: $ .75 for first page, $ .50 per page thereafter. $10.00 files up to 1 year $15.00 files over 1 year $ .10 per copy (coin operated machine) $5.00 current file $10.00 archived file $10.00 first 4 pages and $ .50 each additional page Actual cost with $5.00 minimum Attachment C Exhibit A Page 8 of 12 ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. Administrative Rule #9 sets fee Fee exceptions set by Council Resolution ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. Fees to be charged within the city are set by Council Resolution. :>.;. ;1l\'VJ7yp,~/.~~~c.ri pt.i.O...............11 ::.-;--':) .,: -~"'.' ;-- - ,-:-,.-:,:' " " " '::0':< '-'- ,~"'-",,~"J Post Monumentation Deposit for Subdivision and Partition Public Works I I City of Springfield i Master Schedule of Miscellaneous Fees and Ch~rges, Rates, Permits, and Licenses $2,800 base deposit plus $ 120/Monument 5% Technology Fee (surcharge) will be applied when imposed or collected. Printing Fee Library Probation Court Supervision Fee Municipal Court Probation Violation Fee Municipal Court 5/21/2007 ORS 92.065 (1) j ORS 357.490 provides general powers to . ,. : the Library Board to formulate rules and PrIntmg from publIc computers - first page free, $ .10 per page .. . th ft I polIcies for the governance of the lIbrary erea er. . : and such other activities as the governing body may assign. I $5.00 per month fee for probation supervision and monitoring of probation cases. Will not apply to DUll or Deferred Prosecution Diversion. cases. $25.00 to $50.00 fee for violation proceeding (appearance show cause order) depending on complexity of proceeding. Appearance orders: generally $25.00 Show Cause; one issue only or first proceedings: generally $25.00 Show Cause; multiple issue or prior probation violation proceeding: generally $50.00 I I I I Fee will apply on any DUll Diversion or Deferred Prosecution Diversion cases. Fee may be waived at the discretion of the ! I Judge. I Attachment C Exhibit A Page 9 of 12 Fees recommended by Library Board, and adopted by Council Resolution. ORS 137.540(a) provides that the court may sentence the defendant to probation, which shall be subject to the following general conditions unless specifically deleted by the court. The probationer shall: (a) Pay supervision fees, fines, restitution or other fees ordered by the court. ORS 137.540(a) provides that the court may sentence the defendant to probation, which shall be subject to the following general conditions unless specifically deleted by the court. The probationer shall: (a) Pay supervision fees, fines, restitution or other fees ordered by the court. ?J0;,~)g/;t!Xp~l'R~~c;riptiC?.~. "-_,__.__.__:,,..,_,..,,'.,,/._.,... ,_ ___._,_"'._0__' _ . Project Bid Books Citywide City of Springfield I Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I .."..~'.'......' .... '.c . ...:,.. .'5:,' Minimum of$25.00, but may vary by project. 5% Technology Fee (surcharge) will be applied when imposed or collected. Project Draft Plans Citywide Minimum of$25.00, but may vary by project. 5% Technology Fee (surcharge) will be applied when imposed or collected. Re-open Fee Municipal Court $30.00 per case Fee to re-open a case; to include costs to retrieve case, process documents for DMV to recall abstracts or retrieve Replacement Fee Library Security Releases Municipal Court Replacement oflost or damaged item - List price of item 15% offee, but not less than $5.00 or more than $200.00. Attachment C Exhibit A Page 10 of 12 ...;. .:' I',.. ., ,. ." ~;;-4' /< ~ ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling, or tailoring such records, either in organization or media, to meet the person's request. ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling, or tailoring such records, either in organization or media, to meet the person's request. ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. Fees to be charged within the city are set by Council Resolution. ORS 357.490 provides general powers to the Library Board to formulate rules and policies for the governance of the library and such other activities as the governing body may assign. Fees set by recommendation of Library Board, then Council Resolution. ORS 135.265 sets amount offee. .D.,...,.,.,.""..,..e.',]cri.'.pti.g,.iji~;];,'.: ~,(>::'::"':': '~,' ':.', ','c __ '_u______,_' .-_ -_","",_f~!-. Special Computer Reports Municipal Court Police Standard Construction Specification or Engineering Design Standards and Procedures Books Citywide 5% Technology Fee (surcharge) will be applied when imposed or collected. Suspension Fee Municipal Court Technology Fee Public Works Development Services Vehicle Recovery Fee (Impound) Police Fee charged to reclaim vehicles towed relating to DUll: Driving Under the Influence of Intoxicants, DWS: Driving While Suspended, or No DL: Driving Without a License, I City of Springfield r Master Schedule of Miscellaneous Fees and Charges, Rates, Permits, and Licenses I ! $30.00 per hour, with $20.00 minimum $30.00 per hour, with $20.00 minimum 40.00 each $15.00 5% of specific development-related charges and fees in the Building Safety Code Fee Schedul~ the Master Schedule of, Rates, Permits. Licenses and Other Fees and Charges in the I Municipal Code, and the Master Schedule of Miscellaneous Fees and Charges, Rates and Licenses. The Technology Fee is applied to the specific charges and fees identified in the above-named fee schedules when collected ~r imposed. . $110.00 per vehicle Attachment C Exhibit A Page 11 of 12 ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. Fees to be charged within the city are set by Council Resolution. ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. ORS 809.267 sets amount offee. Council Resolution ORS 809.720 gives authority to establish fee for recovery of cost of providing service. I I City of Springfield I Master Schedule of Miscellaneous Fees and Charges, - I Rates, Permits, and Licenses I I VideolTelephone/Radio Tape Copy Police $25.00 per hour, with $25.00 minimum ORS 192.440 (3) authorizes the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling or tailoring such records, either in organization or media, to meet the person's request. Fees to be charged within the city are set by Council Resolution. Warrant Fee Municipal Court $50.00 Criminal Code 161.665 , I I. I I I Attachment C Exhibit A Page 12 of 12 City of Springfield Development Code Application Fees URBAN GROWTH TYPE BOUNDARY DESIGN REVIEW CASE TYPES * Accessory Dwelling Unit $705 $705 Type I * Demolition of Historic Landmark $3,371 $5,086 Type III *. Discretionary Use $3,717 $5,606 Type III * DWP Overlay District Development $990 $990 Type I * Establishment of Historic Landmark Inventory $1,866 $1,866 Type III * Final Site Plan Review/Development Agreement (1) See Footnote (1) See Footnote (1) Type I. * Final Site Plan Equivalent $3,651 $3,651 Type I * lID Hillside Development Overlay District $888/acre $888/acre Type II * Historic Commission Review Under Type I $58 $152 Type I * Historic Commission Review Under Type II $171 $453 Type II * HS Hospital Support Overlay District $2,834+568/acr~ N/A Type II * Temporary Use - Emergency Medical Hardship (SDC 36,135) $268 I $268 Type II * Temporary Use - Manufactured Dwelling (SDC 36.130) $360 $360 Type I * Minimum Development Standards $705 N/A Type I * Minor Variance (Up to 30%) $2,362 $2,362 Type II * Determination of Non-Conforming Use Status $104 $155 Type I * Non-Conforming Use - ExpansionIModification $3,717 $5,606 Type II Pre-Submittal Meeting $336 $505 N/A * Site Plan Review * a. <10,000 square feet ofimpervious surface $4,099 $4,099 Type II * b. 10,000 - 100,000 square feet of impervious surface $4,099 ;:~64/100? $4,099 +$264/1000 sq I Type II * c. >100,000 square feet of impervious surface $4,099 +$~08/100,0 $4,099 +$308/1000 sq sq Type II * Site Plan Review Modification - Major $3,956 $3,956 Type II * Site Plan Review Modification- Minor $1,205 $1,818 Type I * Solar Access Guarantee $759 $917 Type II * Tree Felling Permit Base Fee (2) (3) $956 $956 Type II * Department of Motor Vehicles Licensing - New $683 $820 Permit * Department of Motor Vehicles Licensing - Renewal $273 $330 Permit * Final Site Plan Inspection for Occupancy/LUC/Change of Use $273 $273 Permit * Land Use Compatibility Statement! Letter $273 $295 Permit * Plan Review - Minor $116 $277 Permit * Plan Review - Major $205 $277 Permit Attachment C Exhibit B Page 1 of 5 City of Springfield Development Code Application Fees URBAN GROWTH BOUNDARY TYPE LONG RANGE PLANNING CASE TYPES * Amendment of Development Code Text $7,189 $10,846 Type IV * Annexation (minor boundary changes) N/A Consisting of: Less Type IV than 1 acre -$2,080.; 1 acre of more but less than 5 acres - $2,660.; 5 acres or more but less than 10 acres - $3,550; 10 acres or more but less than 25 acres - $4,480.; 25 acres or more but less than 50 acres - $5,560; 50 acres or more but less than 100 acres- $6,400.; 100 acres or more - $8,820. * Annexation Comprehensive Planning Fee per acre N/A $1,902 Type IV * Conceptual Development Plan $13,276 $20,026 Type III * Conceptual Development Plan Amendment $5,143 $7,758 Type III * $2,080 (public & Extraterritorial Wastewater or Water Line Extension N/A private) Type IV * Master Plan Amendment Type I $2,554 $3,830 Type I * Master Plan Amendment Type II $5,143 $7,758 Type II 1 * I Master Plan Amendment Type III $9,391 I $13,729 Type III I I * I Master Plan Approval $18,266 +$616/acre $27,498 +$616/acre Type III I * I Metro Plan Amendment Type I (acre fee for diagram amendment) $21,119 +$6 I 6/acre $31,859 + $616/acre Type IV Attachment C Exhibit B Page 2 of 5 City of Springfield Development Code Application Fees URBAN GROWTH TYPE BOUNDARY * i Metro Plan Amendment Type II (acre fee for diagram, amendment) $10,242 +$6 1 6/acre $13,137 +$6 1 6/acre Type IV I * I Refinement Plan Amendment (acre fee for diagram amendment) $10,242 +$6 1 6/acre $15,450 +$616/acre Type IV * Vacation Public Easements $1,205 $1,818 Type II * Vacation ROW, Subdivision Plat and other public property $4,604 $6,946 Type IV * Street Name Change $4,604 N/A N/A SHORELINE CASE TYPES * Floodplain Development Base Fee (3) (4) $1,073 $1,619 Type I * Willamette Greenway Overlay District Development: I * Greenway Setback Line already established $2,804 I Type III * I Greenway Setback Line not already established $5,604 +$568/acre $8,016 +$568/acre Type III I SUBDIVISION CASE TYPES * LDR Subdivision Tentative Plan * I a. <2 acres $5,357 + $230/lot N/A Type II * I b, 2 acres to 5 acres $7,583 +$379/lot N/A Type II I * I c. 5 acres to 10 acres $10,031 + $602110t N/A Type II I * I d. 10 acres to 20 acres $10,582 +$614110t N/A Type II I * , e. Greater than 20 acres $11,133 +$669/lot N/A Type II 1 * I Manufactured Dwelling Park $9,580 I $14,452 Type II * Manufactured Dwelling Park-Space Line Adjustment $364 I $965 Type I I I * Non- LDR Subdivision Tentative Plan I $9,458 +$568/acre $9,458 + $568/acre Type II * Partition Plat (8) $2,599 $2,599 Type I * Partition Replat Plat (5)(8) $1,781 $1,781 Type I * Partition Replat Tentative Plan (5)(8) $3,026 $7,989 Type II * Partition Tentative Plan (8) $4,729 $8,656 Type II * Property Line Adjustment $604 $912 Type I * Serial Property Line Adjustments $1,210 $1,823 Type II * i Non-LDR Subdivision Plat $3,790 + $616110t $3,790 +$616110t Type I 1 Attachment C Exhibit B Page 3 of 5 City of Springfield Development Code Application Fees URBAN GROWTH TYPE BOUNDARY * I Subdivision Plat LDR $740 + $462/1ot $740 + $462/1ot Type I I * I Subdivision Replat Plat (5) $1,781 I $1,781 Type I * Subdivision Replat Tentative Plan (5) $4,918 $5,951 Type II * Expedited Land Division (6) Type II ZONING CASE TYPES Appeal of Type II Director's Decision (7) $259 $259 Type III Appeal of Expedited Land Division (7) $311 $311 Type III Appeal of Type III Decision to City Council $2,254 $3,400 Type IV Development Issues Meeting $506 $506 N/A * Formal Interpretation $1,717 $2,232 Type II * Formal Interpretation involving Policy $4,604 $6,946 Type IV Pre-Application Report $3,450 $3,450 N/A * Major Variance $6,164 $9,298 Type III * Zoning Map Amendment (8) $5,027 $9,858 Type III POINT OF SALE Time Extension for Certain Improvements $312 $1,013 N/A Postage and Notification Fees: Type II $155 $155 N/A Type III $207 $207 N/A Type IV $259 $259 N/A Attachment C Exhibit B Page 4 of 5 City of Springfield Development Code Application Fees (1) Final site plan and development agreement fee is 10% of the paid site plan fee. I I (2) Tree Felling Fees - Tree Felling - Less than five (5) trees no charge or application required; 6-10 trees, base fee ~(see fee schedule) + $50 per tree; > 10 trees, Base Fee (see fee schedule) + $500 per acre. Filbert Orchards pay base fee only. i.. Any Tree Felling processed after land use activity is conducted without required City approvals shall be charged an additional fee of $200 per tree in addition to the regular application fee. The City establishes these fees based on the average cost of providing programmatic s~rvice for activities conducted without penn its. 1 (3) An Floodplain pennit processed after land use activity is conducted without required City approvals shall be c~arged an additional fee of $500 per acre in addition to the regular application fee. The City establishes these fees based on the average cost of providing prog~ammatic service for activities conducted without pennits. (4) Floodplain - Subdivision $200 per lot and partitions and site plans $400 per acre in addition to the base fee. Fot development areas >5 acres a $13,650 deposi ~~~ I 1 (5) A reconfiguration of lots or a decrease in the number of lots in a platted partition or subdivision shall be charged the tentative replat/replat plat fee for either subdivision or partition as appropriate. An increase in the number of lots in a platted partition or subdivision shall,be charged either the partition tentative plan/partition plat or subdivision tentative/subdivision plat. I (6) The fee for a Expedited Land Division (ELD) shall be twice the fee calculated for a regular land division plus ~ appeal fee established in ORS 197.380 to defray costs in event the decision is appealed. If the decision is not appealed, the appeal fee for ELD shall be refunded. A separate postage fee is required for an ELD. . (7) This fee is established by ORS 227.175. Council-acknowledged Neighborhood Associations shall not be charg~d a fee for an appeal. ! (8) The Development Services Department will process citizens-initiated zoning map amendments, for properties where the zoning and plan designation are in conflict, three times a year beginning in January. There will be no application fee for applicants who choose to util!ize this program, however a Type III notification fee will be required for each application ~'({j;~{:.:i: ' TechnolollV Fee: All applications will be assessed a 5% technology fee with the exception of Pre-Submittal Meetipg, Development Issues Meeting, Pre- Application Report, Appeal of Type II Director's Decision, Appeal of Expedited Land Division, and all Point of Sale fees (Time Extension and PostagelNotification Fees) as indicated on this schedule. Technology Fee will be applied when the identfied appli~ations fees are imposed or collected. Note for all local aIJIJeals: If an appellant prevails at the hearing or subsequent hearing. The filing fee for the initjal fee shall be refunded. This applies to local appeals only. The appellant prevails if the hearings body sustains one or more of the applicants allegations and amends, remands or reverses the land use ~~~Q I Hearin!! Official fee: Any applications except an appeal being processed before the Hearings Official shall pay an :additional fee of$5,000. Any amount not expended by the Hearings Official snail be returned to the appl icant. Charges in excess of this additional fee shall ~e assessed to the applicant. I . Low Income Fee Reduction: Any application fee related to the development oflow income housing or facilities niay be reduced pursuant to the criteria of Section 1.070(4) of the Springfield Development Code.' I ExIJedited Processinll Fee: Any request to prioritize and expedite the review of a particular application submittal out of order in which applications are received shall be approved at the discretion of the Director and shall be charged a non-refundable fee $11,000 or 3 times thejapPlication fee, whichever is greater; where the development area is greater than 10 acres an additrional fee of $550 per acre will be charged. . Fee Waiver: The Director may reduce or waive the fee for Temporary Use - Emergency Medical Hardship upon verification oflow income status of the owner occupant. Resolution #04-29; July 1, 2004; Fee Increase Resolution #05-03; January 18,2005; Fee Increase Effective January 19, 2005 Resolution #05-36; June 6, 2005; Fee Increase Effective July 1, 2005 Resolution #06-12; March 20,2006, Effective April 20, 2006 Resolution #06-30; June 19, 2006, Effective August 1, 2006 Resolution # Attachment C Exhibit B Page 5 of 5