HomeMy WebLinkAboutOrdinance 6212 12/03/2007
ORDINANCE NO. 6212
(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; 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 jurisdiction of the City; and
WHEREAS, Senate Bill 417 amends most of ORS 199 (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 Section 5.7-100 is 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
5.7-135
ANNEXATIONS
Purpose
Applicability
Definitions
Review
Development Issues Meeting
Annexation Initiation and Application Submittal
Notice
Recommendation to City Council
1
5.7-140
5.7-145
5.7-150
5.7-155
5.7-160
5.7-165
Criteria
City Council Decision
Zoning
Effective Date and Notice of Approved Annexation
Withdrawal from Special Service Districts
Appeals"
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.
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 seq, 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.
"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.
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
Type I
Type IV
Type IV
Type IV
5.5-100
5.6-100
5.6-100
5.7-100
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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 III
Type IV
Type III
Type III
Type III
Type III
Type I
Type I
Type III
Type I
Type III
Type II
Type II
Type IV
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
3.3-825"
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
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.
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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.
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 commencement of City annexation process:
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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 annexation
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 territory, the corporation must be considered the individual owner of that
land.
Petition. Any document such as signature sheets, resolutions, 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:
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ORDINANCE NO. 6212
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;
b. The street or site addresses within the affected territory as shown in the
Lane County Regional Land Information Database system (RUD);
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
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of all real property in the contiguous territory (ORS 222.170(1 ));
or
ii. A majority of the electors registered in the territory proposed to
be annexed and 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 owner 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.
10. A Lane County Assessor's Cadastral Map to scale highlighting 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:
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ORDINANCE NO. 6212
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:
1. The Lane County Tax Assessor's map and tax lot numbers, street addresse.s 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:
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ORDINANCE NO. 6212
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 of the 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:
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 Director will 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.
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ORDINANCE NO. 6212
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
annexation to the Lane County Clerk not sooner than 120 days and not later than
90 days prior to the effective date of the annexation."
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:
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ORDINANCE NO. 6212
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 6 Definitions, the term "Annexation Agreement" is hereby
deleted:
SECTION 21: 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 22: 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 3rd day of December , 2007.
APPROVED by the Mayor of the City of Springfield, this 3rd day of
ArrEST:
CijY~e~
REV!EWED & APPROVED
AS TO FORf\4 \
\....~ {\ ~.j Lt::.f'\ '''''1
DATE: \ ~ I1J t:ll
OFFICE OF CITY ATTORNEY
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ORDINANCE NO. 6212