Loading...
HomeMy WebLinkAboutComments Miscellaneous 12/17/2007 Consent to Annex Page 1 of2 , ( .~ JONES Brenda From:' MOTT Gregory Sent: Monday, December 17, 2007 4:23 PM To: JONES Brenda Subject: FW: Consent to Annex This one, too. From: Ritter, Jerry [mallto:jerry.ritter@weyerhaeuser.com] , Sent: Tuesday, November 20, 2007 7:46 AM ' To: MOTT Gregory SUbject: RE: Consent to Annex Thanks Greg - appreciate the explanation and am glad to hear the city does not require consent to annex for building permit approval. From: MaTT Gregory [mailto:gmott@ci.sprlngfield.or.us] Sent: Monday, November 19, 20078:28 PM To: Ritter, Jerry SUbject: RE: Consent to Annex Jerry, ( Thanks for the update. The,answer to your question is, no, we do not require written consent to annex as a condition of building permit approval in the urbanizable area (between city limits and ugb). We do' require such consent to annex form to divide property through the partition process (see Section 5.12-139 Tentative Plan Conditions). We've changed the meaning of the word "Annexation Agreement" to be a,fiscal obligation for people who are requesting annexation (see 5,7-113 Definitions for Annexation Agreement) as opposed to its former meaning of consent to annex. Consent to Annex is also defined in 5.7-113 and is intended to be the meaning given to such actions described in ORS 222.125 and ORS 222.170. Hope this answers your question. . gmott From: Ritter, Jerry [mailto:jerry.ritter@weyerhaeuser.com] Sent: Monday, November 19, 20072:16 PM To: MOTT Gregory SUbject: Consent to Annex Hi Greg - I'm reading over the proposed SDC amendments and don't see anything right off the bat that raises a red flag, other than the familiar cites from the Metro Plan encouraging aggressive annexation policies which Springfield has wisely chosen not to pursue. I may have some questions after a more in depth review. I have a couple comments that I'll bring ,up at the Planning Commission meeting. I do have a question re consent to annex in exchange for the provision of eXtraterritorial services. There are pretty clear legal grounds (e,g.,'ORS 222.115) for a city to require a consent to annex for the actual provision of extraterritorial urban services, e.g., sewers; water. Mv ouestion: does Springfield still require consent to annex in exchange for acting as a surrogate for the county in issuing building permits (without the actual subsequent provision of one or more urban services) within the unincorporated UGB? That requirement was in force back in 1995. Stu Burge informed us at that time that he would work to get it eliminated. I never heard what the outcome of his plan, if any, there was. , Date Received So th.at I don't blindside you, I have a 5-page Legislative Counsel opinion from last year which I interpret to conclude ttrylH5lt city is acting as a surrogate for a county in providing a service it can't require consent to annex. LC cites ORS, OABlMJd}c9'>MBC I can 'forward it to you via email if you'd like although the format is a bit cumbersome. I would like to suggest that if this practice IS still going on, the city voluntarily agree as part of the SDC amendments to end the requirement. PI BJ 12/18/2007 \, anner: " Cons~?t.to Annex Page 20f2 As.Jim sure you know, the Oregon L~:i:',ure has taken a strong position against w':;-,;<d/coerced 'an(lexation in the last 2 sessions. As a result, Oregon annexation law has changed significantly since 2005. Gino and Sitfeach have copies of OCVA's latest newsletter with details. I'm happy to note that at no time during these legislative deliberations did Springfield's name come up as a a city that has been abusing its annexation authority and I personally appreciate that very much. I'm hoping that tradition continues. By the way, I sympathize with the extra burden that will now be placed on you and your staff with the demise of the Boundary Commission. I urge you not to blame Senator Walker, the other sponsors of SB 417 or those of us who worked to get it through the 2007 Legislature. The sponsors were merely responding to a flood of legitimate complaints going back 10+ years over the total lack of accountability of that body to those its decisions impacted. It was past time for it to go. Thanks, Jerry Ritter 741-5723 office 968-8295 cell Date Received , DtCl 7 i2CUt '-. ---' Planner: BJ 12/18/2007 Blank Page 1 of 1 --. ....-t , JONES Brenda From: MOTT Gregory Sent: Monday, December 17, 2007 4:44 PM To: JONES Brenda; .KARP GarY Subject: RE: Code ,Amending Ordinances I think so; either that, or at the end of the section. From: JONES Brenda Sent: Monday, December 03, 2007 2:36 PM To: MOTT Gregory; KARP Gary Subject: Code Amending Ordinances Did we talk about, when we amend the Spririgfield De~elopment Code by Ordinance's, will we be listing those at the end of each chapter. Like COrd. 1234, Amending,Section.....Adopted..November 3,2007) Please let me know as soon as possible, as I am done with the amendments and just doing my last run through. Thanks Brenda (]3rem{a Jones Pfanning Secretary 225 'Fiftli Street SpringfieY, Oregon 97477 541-726-3610 'FJIX 541-726-3689 .6jones@ci'V2ringfkf4.oLus If you wou(J' uk! to see wliat s new at tlie City oj SpringfieY,go to: www. ci.sprinBfief4.or. us Date Received , 'LJ' f' 17 JZCl5t. c. ~~ , L _J 12118/2007 Planner: BJ