HomeMy WebLinkAboutComments PLANNER 11/5/2007
MEMORANDUM
City of Springfield
Date:
To:
From:
November 5, 2007
Springfield Planning Commission ~MMISSION
Gregory Mott, Planning Division Manage . 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 final 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 deterrnine 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 accuracy 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 staffJeport in response to legislative criteria of approval
and Metro Plan policies; and staff the Boundary Commission public hearings. FO~Wing a
Boundary Commission approval, Boundary Commission staff would provide all t ate Received
necessary notifications, including Lane County Assessment and Taxation; Lane ounty
Clerk; LCOG GIS; affected schools, utilities and other service providers; Secretary of ~e\El;o 5 200E!J'
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the Department of Revenue; and the affected city. All of this work, before and after Council
action, becomes the sole responsibility of City'. staff, including Development Services, Public
Works, City Manager, Finance and the City Attorney. .
The substance of annexation has changed along with the staffing responsibilities. Under
the Boundary Commission rules (ORS 199) non-contiguous annexations were permitted -
ORS 222 does not allow non-contiguous annexations therefore suchan annexation is not
permitted by the proposed Code amendments1. .
The Boundary Commission laws required Boundary Commission approval if water or'
sanitary sewer was extended outside the city limits of the service provider, also known as
an extra-territorial extension. ORS 222 recognizes extra-territorial extension 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 occur through a
contract and consent to eventual annexation. The'proposed Code amendments 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.
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. The expedited
procedure is not included in the provisions of ORS 222 but this absence 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, available to the property.
This provision canbe included or not at the Council's preference.
Under Boundary Commission law, annexations were approved by the Boundary
Commission and appeals of those decisiqns were heard by the Court of Appeals. Such an
arrangement meant the action of the Council arid Boundary Commission was not a land
use decision and therefore not subject to the .120 day decision standardor the Dolan v.
Tigard test for proportionality. Asa 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 does preserve
annexation agreements as a condition of approval. .
The draft amendments to the Code were released for public review on November 13th.
seven days before the public hearing on the 20th., The Planning Commission 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" provisions (those not
required by ORS 222) and forward a recommendation to Council for their consideration
during their public hearing on December 3rd . As was noted in footnote 2, consistency with
the Metro Plan is relevant to those growth management policies that do not include
I Policy #12, Chapter II-C, page 5 provides as follows: '~When the following criteria are met, either Springfield 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. n .
2 The exigent nature ofthis legislation makes it imperative that the ~DC amendment is in effect!n{~t~; R~.celved
possible to amend the ayy.vy.:ate sections of the Metro Plan on such short notice and in any case, aQtbrOCS _,
elected bodies must adopt amendments to this section of the Metro Plan. NUV 200]
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provisions of ORS 199. Where references to the BClundary Commission or annexation
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 Legislature has invalidated
\ those provisions.
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.
Attachments: 1. Staff Report and Findings in Support of Proposed Code Amendments
2. Planning Commission Final Recommendation
3. Proposed Code Amendments
Date Received
NOV 05 2005'1
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ATTACHMENT 1
SEC AMENDMENT,
STAFF REPORT, FINDINGS AND ORDER
APPLICANT
. .
City of Springfield - Journal Number LRP 2007-00026
PROPOSAL
Amend Chapters 3 and 5 of the Springfield Development Code to repeal existing
. provisions for annexation and replace with new annexation provisions in conformance with
O~egon Revised Statute 222.
BACKGROUND
The 2007 Oregon Legislature abolished the Lane County Local Government Boundary
Commission and transferred all urban annexation responsibilities to the cities within Lane
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 annexations to the City of
Springfield and all extraterritorial extension of water or sewer service to areas outside the
city limits of Springfield. These amendments describe the method of annexation; the
submittal requirements; the criteria of approval; the requirement for contracts, consents and
agreements; the requirement of a fee; and the notice obligations for public hearings and
notice of approval. All of the provisions oftliese amendments are either required by ORS'
222, enabled by ORS 222, or a lo~al option in the furtherance of compliance with ORS 222
and the Eugene-Springfield Metropolitan Area General Plan.
SPRINGFIELD DEVELOPMENT CODE CRITERIA OF APPROVAL FOR SDC
AMENDMENTS (5.6-115):
Amendments to the Springfield Development Code are based on coilf,?rmance with the following
criteria: .
(I) The Metro Plan;
(2) Applicable State statutes; and
(3) Applicable Statewide Planning 'Goals and Administrative Rules.
~
The proposed amendments are intended to implement the provisions 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. Cities are now subject to compliance
with the provisions' of ORS 222. ORS 222 establishes the method of annexation; eligibility of
properties for annexation; circumstances for requi~g annexation for extra-~ReeePled
I
NOY 05 200jJ
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ATTACHMENT 1 - 1
services; provision of notice for annexation proposals; provision of notice of annexation approvals;
provisions for withdrawal from special service districts; and provisions for elections when that
option is selected by a city. The proposed amendments include a puiposestatement; an
applicability section; definitions; the review process; initiation and application submittal; notice;
. criteria of approval; withdrawal procedures; appeals; and extra-territorial extensions.
. - . '
Criteria (1) Conformance with the Metro Plan.
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 applicable to these proposed Code
amendments:
Chapter II Fundamental Principles and Growth Management Policy
A. Fundamental Principles
6: The Metro Plan is based on the premise that Eugene and Sprinifield, 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 sewer service.'
B. Metropolitan Goals - Growth Management
2. Encourage orderly and efficient conversion of land from ;.ural 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 F~~ilities and Services
1. . Provide and maintain public facilities and services in an efficier!f 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. The UGB and sequential development shall continue to be implemented 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. .
2
ATTACHMENT 1 - 2
Date Received
NOV 0 5 200~1J
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h. There will he a logical area and t~me within which to deliver urhan services and facilities.
. Conversion of urhanizahle land to urhan shall also he consistent with the Metro Plan. See same
citations as Policy #1 above.
10. Annexation to a city through n~rmal processes shall continue to he 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 provided with any new urhan service that
service shall he provided hy.thefollowing method (in priority order).
a. Annexation to a.city;
h. Contractual annexation agreements with a city;
See Section 5.7-140 Criteria,
22. Cities shall not eXtend water or wastewater service outside city limits to serve a residence or
husiness withoutfirst ohtaining a valid an,nexation 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 ill Specific Elements
,
A.. Residential Land Use and Housing Element
A.4 Use annexation, provision of adequate puhlic 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 delivel)' of
services through annexation and extraterritorial extension.
A.8 Require development to pay the.cost, as determined by the local jurisdiction, of
extending public services and infrastructure. The cities shall examin~ ways to provide
subsidies or incentives for providing infrastructure that support affordable housing and/or
higher density housing. See Section 5.7-125 Annexation Initiation and Application Submittal;
Section 5.7-140 Criteria.
B. Economic Element
B.25 Pursue an aggressive annexation program and servicing of designated industrial lands in
order to have a sufficient supply of "development ready" land. These amendments vest
annexation authority with the Spring,field City Council; See Section 5.7-140 Criteria.
B. 26 In order to provide locational choice and to attract new campus industrial firms to the
metropolitan area, Eugene and Springfield shall place as a high priority service extension,
annexation, and proper zoning of all designated speciallightindustrial sites. These amendments
. vest annexation authority with tlie Springfield City Council; See Section 5.7-140; Section 5.23-
100.
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ATTACHMENT 1 - 3
Date Received
NOV 0 5 200'11
Planner: BJ
G. Public Facilities and Services Element
The following policy references are directly applicable to these amendments: .G.1, G.2 page
ill-G-4; GA, G.6, G.9 page 1II-G-5;. G.l1 page ill-G-6; G-28 page ill-G-13; G.35 page ill-G-
14. These amendments address these policies by requiring Springfield City Council approval of
all service extensions with the UGB.' The Council decision on such matters is contingent upon
fmdings of consistency with Section 5.7-140 Criteria, subsection C.: The orooosed annexation is
r.:onsiste~t with aoolicable policies in the Metro Plan anclJI!llUJPplicable refinement plans or Plan ,
Districts.
Criteria (2) Conformance with Applicable State Statutes
ORS 222 establishes the jurisdiction of cities to regulate and approve annexation of territory and
the extraterritoril\1 extension of services., Senate ~iIl 417 abolished the Lane CouotyLocal
Government Boundary Commission and transferred the annexation'authority to all cities in Lane
County and to Lane County. These l!'TIendments comply with the requirements of this legislative
act and the Oregon Revised Statute
Criteria (3) Conformance with 'applicableState-wide Planning Goals and Administrative
Rules
The 9ty's comprehensive plan and development code are acknowledged by the State of Oregon to
be in compliance with all applicable statewide planning goals and 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 planning goals and administrative
rules. However, the following fmdings are included in this record. '
Goal 1 : Citizen Involvement
The proposed amendments are the subject cif legislative public hearings advertised in the Eugene
Register Guard on November 12,2007. The Planning Commission 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
This goal states: "All land-use plans.and implementation ordinances 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 circumstances, in accord with a schedule
set fort in the plan.
, "Implementation Measures -- are the means used to' carry out the plan. These are of two general
types: (I) management implementation measures such as ordinances, regUlations or projeci 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
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 sani~
'" Date Received
NOV 05 20011
4
ATTACHMENT 1 - 4
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sewer; and notice of the approved' annexation. These changes are consistent with existing policies
in the Metro Plan.
Goal 3: Agricultural Lands
This goal does not apply within adopted, acknowledged urban growth boundaries. The City of
Springfield does not have any agricultural roning 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.
Goal4: Forest Lands
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, becauseoflimitations on commercial and industrial development
without full urban services, generally. do not apply outside the city limits.
Goal5: Open Spaces, Scenic and Historic Areas, and Natura/Resources
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, erosion, landslides, earthquakes,
weak foundation soils) are inventoried through a variety of sources. These amendments do not
remove or exempt compliance with all other Code standards that may apply to the site upon
annexation.
Goal 8: 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 plm 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 larid as needed.
Goal 9: Economic Development
. .
This goal is intendea to preserve and enhance economic development activities, including
preservation of sites forindustrial and commercial use. These amendments will enable service
extension to be provided to these sites consistep.t with economic development policies contained in
the Metro Plan.
Goal 10: Housing
This goal states: "to provide for the housing ne~ds of citizens of the state."Date Received
5
NOV 05 20Q]
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ATTACHMENT 1 - 5
Consistent with Metro Plan policies AA and A.S, these amendments will facilitate provision of
housing by allowing unserviced land to annex to the City and receive necessat)' services to enable
urban density development
Goal II : Public Facilities and Services
This goal states: "To plan and develop a timely, orderly and efficient amingement of public
facilities and services to serve as a framework for urban and rural development." Urban facilities
and serVices include the appropriate types and levels of police protection; sanitary facilities; storm
drainage facilities; planning, zoning and subdivision control; health services; recreation facilities
and serviCes; energy and communication services; and community governmental services: These
amendments will enable the timely, orderly and efficient provision of these services to land ready
for conversion from rural to urban us~.
Goal12: Transportation
This goal states: "To provide and encourage a safe, convenient and 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.
Goal13: Energy Conservation
This goal states: "To conserve energy." The logical and orderly provisi~n Dfurban services is
,consistent with the. intent. of this goal.
Goal14: Urbanization
This goal states: "To provide for an .orderly and efficient transition from rural to urban use."
These amendments vest the City Council with the authority to approve annexatiDn and
extraterritorial extension of services consistent with the Growth Management Policies of the Metro
Plan cited abDve .
Goa115: Willamette River Greenway
This goal states: "To protect, conserve, enhance and maintain the natural, scenic, historical,
agricultural, economic and recreatiDnal qualities .of lands along the Willamette River as the
Willamette River Greenway." These amendments do not exempt the applicant's obligatiDn to
comply with the City's existing requirements for develDpment approval within the Willamette
River Greenway. 'The Greenway provisions allow development of permitted 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 these amendments.
Goa116: Estuarine Resources; Goal 17:
Goa119: Ocean Resources
Coastal Shorelands; Goal IS: Beaches and Dunes' and
. . .
These goals'do not apply within the boundat)' of the adopted, acknowledged Eugene-Springfield
MetrDpolitan Area General Plan.
Date Received
6
ATTACHMENT 1 - 6
NOV 05 2WII
Planner: BJ
Chapter 660 of Oregon-Administrative Rules establishes interpretation of a number of statewide
planning goals. These rules are generally designed to provide clarity or specific instruction
regarding the implementation of the go"als. Annexation starts the conversion of rural land to urban
density development. That development cannot proceed without water and sewer service, both,of
which cannot be ma~e available without compliance with the proposed annexation amendments.
OAR 660-011-0000 Purpose states:
"The purpose of the {public facility 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 for the needs f!nd 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. .
OAR 660,011-0060 and 660-011-0065, Sewer Service to Rural Lands, Water Service to Rural
Lands, respectively, , are faithfully implemented by policies G.25-G.32 of the Metro Plan (pages lIT-
G-12 and lIT-G-13); a fmdiug of consistency with these policies has been established for these
amendments at page 3 of this findings document.
OAR 660-018-002 requires the mm'gofproposed 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 fmal public hearing. .
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Date Received
NOV 0'5 ZOOi'D
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ATTACHMENT 1 - 7
I
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BEFORE THE PLANNING COMMISSION
OF THE CITY OF SPRINGFIELD, OREGON
RECOMMENDATION TO CITY COUNCIL ]
FOR THE AMENDMENT OF THE ' ' ]
SPRINGFIELD DEVELOPMENT CODB ]
CHAPTERS 3 AND 5 TO REPEAL ]
PROVISIONS FOR ANNEXATION AND ]
REPLACE WITH LANGUAGE CONSISTENT .]
WITH OREGON REVISED STATUTE 222 ]
JO. NO. LRP 2007-00026
RECOMMENDATION TO THE CITY COUNCIL
PROPOSAL
The 2007 Oregon Legislature adopted Senate Bill 417 on May 10,2007; 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 Government Boundary
Commission (Boundary Commission); extinguished the assessment to cities and Lane
County providing the fullds for the operation of the Boundary Commission; and
tenninated the Boundary C""""";<sionstaff. The'eflective date of the law is January 1,
2008; therefore the City must adopt and implement-new annexation laws by this same
January 151 date. Amendments to Chapters 3 and 5 of the Springfield 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 theDepartrhent of Land
,Conservation and Development of the following SDC amendments implementing
SB 417:
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 sufficient notice of
two separate public hearings was published on November 12,2007 in the
Register Guard. .
3.
The public hearings described above to consider these amendments were held by
the Planning Commission on November 20, 2007 and by the City Council on
December 3, 2007. The Development Services Department staff notes and
recoInmendation together with the.oral testimony and written submittals of the
persons testifying at those hearings have been considered and are part of the
record of this proceeding.
Date Received
NOV 0 [) 200QJ
ATTACHMENT 2 - 1
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CONCLUSION
r'
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 general finding is
supported by the specific findings of fact and conclusion in Attachment 1, Staff Report
and Findings.
ORDERlRECOMMENDATION.
It is ORDERED by the Springfield Planning Commission that approval ofJo. No. LRP
2007-00026, be GRANTED and a RECOMMENDATION for approval is forwarded to
the Springfield City Council.
Planning Commission Chairperson
, ATIEST
AYES:
NOES:
ABSENT:
ABSTAIN:
,
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ATTACHMENT 2 - 2
Date Received
NOV 05 2000J
Planner: BJ
PROPOSED SDC AMENDMENTS- ANNEXATION REGULATIONS
TABLE OF CONTENTS
CHAPTER 5
THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS
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
5.7-140
5.7-143
5.7-145
5.7-150
5.7-155
5.7-160
5.23"100
5.23-105
5.23-110
5.23-115
5.23-120
5.23-125
ANNEXATIONS
Purpose
Applicability
Definitions
Review
Development Issues Meeting
Annexation Initiation and Application Submittal
Notice
[Fis::::~ ~~p,;t ana ARAelEatisR I\gr=eement] Annexation Procedures
~~, '
City Council Decision
[Sut:r.if.al sf lha '::SIJRSiI'S RessllJtisA ts the lClGBC] Zoning
[NslifiGatisn Y 'J~j"tie6] Effective Date and Notice of Approved Annexation
Withdrawal from Special Service Districts
Appeals
EXTRATERRITORIAL EXTENSION OF WATER OR SEWER SERVICE
Puroose
Applicabilitv
Review
Application Submittal
Criteria
Date Received
I
ATTACHMENT 3 - 1
NOV 05 200Q'
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Section 3.3-800 Urbanizable Fringe Overlay District
I 3.3-825 Additional Provisions
A. The City shall not extend water or sanitary sewer service outside the city
limits, unless [tl:le W8!lerty Gwner 8btai~: :"~elliatiGn] a health hazard. as
r:ff"lfinf"lr:f in ORS 222.840-915 is determined to exist. Annexation of the
affected territorv so served'is reauired if the territory is within the urban
arowth boundarv and is contiauous to the citv limits.
1. The Citv may extend water or sanitary sewer outside the city limits
, or urban arowth boundary to provide these services to oroperties '
within the citv limits. As provided in ORS 222.840-915. the City
and a maioritv of the electors of the affected territory may aoree to
an alternative to annexation to mitioate the health hazard. '
includina extraterritorial extension of services without annexation.
2. Extraterritorial extension of water or sanitary sewer aoplications
that are not related to health hazards as specified in ORS
222.840-915 shall be orocessed 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)@for
connection to the City's sanitary sewer system shall require 'annexation to
the City .orior to Partition Tentative Plan submittal, unless the Director
determines that a topographic or man-made feature makes the .
connection physically impractical: In this case. the Partition application
mav beaooroved without annexation.
Date Received
NOV 0 5 20Qrj-j
Planner: BJ
ATTACHMENT 3 - 2
Section 5.1-100 The Development Review Process
I 5.1-140 Tvpe IV Procedure (Legislative)
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, or as authorized by ORS
222. Notice of decision is, mailed to the applicant, property owner and
those persons who submitted written or oral testimony 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 ana
Development as specified in OAR 660-18-0040.
EXCEPTION: [Fer annexations: the City CeuRsil eecisic~ ':,,:1al eRly
upon CenCUFFeRSe ef:l::" h,ar.J CeuRty lecal Ge'lemrneRt Beumlary
CernR'lissieR.] 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.
Date Received
NOV 06 2000J
Planner: BJ
ATTACHMENT 3 - 3
Section 5.4~100 Development Applications
Table 5.4-1 Development Applications
1=~~:~~O~'APlllication~~'Ji~::~Sion~J:'ypell,Illl':4PPlica6/~1~~~6SilCtiOriS'i1
Amendment of Development Code Text
Amendment of Refinement Plan Text or Diagram
Annexation [, im:l~dinQ extF:lterritorial extensions]
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
Detemnination of Non-Confomning Use Status
Development ,Issues Meeting
Discretionary Use
Drinking Water Protection Overlay DistrictDevelopment
Establishment of Historic Landmark Inventory
Expansion/Modification of a Non-Confomning Use
Expedited Land Division
Extraterrit(lri~l '=>rt:,=,"~ir:>n (>f Water or Sewer Service
Type IV
Type IV
Type IV
Type III
Type IV
Type III
Type III
Type III
Type III
I Type I
Type I
I Type III
I Type I
I Type III
I Type II
I Type II
I Tvoe IV
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
Date Received
NOV 05 200:']]
Planner: BJ
ATTACHMENT 3 - 4
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Section 5.7-100 Annexations
I 5.7-105 Purpose
These regulations:
A. Clearly define the process for the review of orooosals to annex
[Annexatien of] territory to the City;
B. Provide a process for the subsecuent withdrawal of territory from special
service districts: and
C. Provide a process for Citv aooroval of annexations to certain soecial
districts. includinc but not limited to: the Lane County Metrof?olitan
Wastewater District: and the Willamillane Park and Recreation District.
I 5.7-110 Applicability
[This Section a~~lies te any AnncJlation of teFFitsry te the CitY t":t :: '.vithiR the City's
blFBanizable ar.ea.]
A. These reculations aoolv to annexation applications as specified in Sectio'l
5.7-125. includinc aoolications initiated usinc the double andtriole
maioritv initiatinc methods: and
B. Other annexation proposals oermitted by ORS 222 shall be processed as
provided in ORS 222.
I 5.7-113 Definitions
The following definitions are specific.to this Section:
Affected City. A citv. city-county or cities, named in a petition. for which a
boundar:v chance ispro~osed or a city. citv-county orcities, named in an
ordinanCe or order. for which a boundarv chance is ordered.
Affected County. Each countvthat contains anv territory for which a boundarv
chance is proposed or ordered.
Affected District. Each soecial district that contains or would contain territorv
for which a boundary chance is proposed or ordered. Affected district also
means a district or districts. named in a oetition. for which a boundarv chance is
.orooosed or ordered.
Affected Territorv. Territorv described ina petition. Affected territory also
means an area within the urban crowth boundary of a city that is otherwise
elicible for annexation to a citv where there exists an actual or allecjed dancer to
.oublic health as defined in ORS 222. "
Date Received
NOV 0 5 Z001
Planner: BJ
ATTACHMENT 3 - 5
Annexation. The attachment or addition of territory to, or inclusion of territorv in.
an existin~ citv or district.
Annexation Aareement. Awritten aQreement between the City and owners of
land re~uestin~ annexation that states the terms. conditions and oblioations of
the oarties to miti~ate fiscal and service impacts to the Citv associated with the
annexation and future development of the property. The a~reement mav be
used to ensure annexation consistent with the Metro Plan.
Cadastral Mao. A map prepared bv the Lane County Assessor's office showin~
bearin~s and distances and the boundaries of parcels, lots and tracts of land. '
Consent to Annex. Forms provided bv the affected city that must be included
with certain annexation and extraterritorial extension applications which includes
the si~nature of the owner or part or all of the affected territorv.,
Contiauous. Territorv that abuts the city limits at any point alono the property's
exterior boundarv or separated from the city limits bv a public rioht"of"wav or a
stream. bav. lake. or other bodv of water.
Double Maioritv. A maioritv of the elioible electors registered in the affecteg
territorv and the owners of more than half of the land in the affected territorv.
,Effective Date of Annexation. The effective date of the boundarv chanoed as
.prescribed in ORS 222.040. .1800r,465.
Elector. An individual reoistered to vote at an address within the affected
territorv.
Extraterritorial Connection of Service. The connection of water or sanitarv
sewer service to develooed propertvJocated outside the citv limits and within the
urban ~rowth boundarv.
. Extraterritorial Extension of a Facilitv. The extension of a water or sanitarv'
sewer line outside the citv limits and within the urban Qrowth boundarv.
Extraterritorial Service/Facilitv Contract.. A contract between the owner of
prooertv oroposed to be served and the Citv specifvino and identifyin~ service
provisions. oblioations of the city and cost oblioations of the owner of the affected
territorv and shall be initiated at the sole discretion of the Citv Council.
Filina. The submittal of materials to initiate a boundarv chanoe process.
Leaal Descriotion. As defined in ORS 308.225(21.
Notice. An ordinance. resolution. order.,or other similar matter providin~ notice
authorized or re~uired to be published. posted. or mailed.
Owner. The le~al owner of record accordin~ to the latest available' L~rReceived
Tax ?~~"'~<;ment roll or. where there is a recorded land contract that itfni'J~e.'
the ourchaser thereunder. Ifthere is,a multiple ownership in a parcel of larmV 05 200'1'
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ATTACHMENT 3 ~ 6
each consentina 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 ourooses of the consent petition. If a corooration owns
land in the affected territorv. the corooration must be considered the individual
owner of that land.
Petition. Anv document such as sianature sheets. resolutions. orders. or articles
of incorooration. reauired for initiatina a boundary change. In the case of a
petition initiated bv prooertv owners. the person sionino on behalf of a
corooration or business must provide evidence showino that person is authorized
to sian leaal documents for the firm. .
. Proceedina. A proceedina to consider a boundarv chanoe.
I
ProDosal. The set of documents 'reauired to initiate proceedinas for a boundarv
chanae.
Sr:iecial Service District. Anv ofthe districts identified in ORS 198.
TriDle Maioritv. More than half of the owners of the land area. who also own
more than half of the land area representina more than half of the assessed
value in the affected territorv.
Urban Growth Boundarv. A site-specific line, delineated on a map or bv written.
description that separates urban and urbanizable land from rural lands. that is
Dart of a comorehensive plan .
Withdrawal. The detachment. disconnection or exclusion of territorY from an
existina ci~ or district.
,I 5.7"115 Review
[A,] Annexation applications are reviewed under Type IV procedure, without
Planning Commission consideration. '
[e, ~:J I\nnexatien of all teFFitsl')' t,:, t":,:, City re.,...:cco ~::;:' ;:;lion by the lane
County '.-r.:-' ':>ovemmentBoumlary Commission (lCLGBC)as spesifiell
iR-QR<;:' <t'I.'.A35.]
I 5.7"120 Development Issues Meeting
The applicant shall schedule a Development Issues Meeting prior to filing an annexation
application where staff will infonm the applicant of the annexation application submittal
requirements and orocedures specified in this Section, unless waived by the Director.
1 5.7-125 Annexation Initiation and Application Submittal
[t..
.~.nnexalisn of territory to the City FRay be sitizl!~ ;~;~!t:Jll or initiatell 8h . . d
tt-le City Counsil. . Date necelve
NOV 0 fi 20011
Planner: BJ
ATTACHMENT 3 - 7
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8. '\11 Annexation applications st:z~~ ::-:::Iude iRfem1ation to atldr:-s:- 1~3
appmval criteria specified in SeGtieR 8.7140.]
A. An annexationaoolication lTlav be initiated by City Council resolution. or
bv written consents from electors and/or property owners as provided
below.
B. In addition to the provisions soecified in Section 5.4-105. an annexation
aoolication shall include the followina:.
"
1. A list of all owners. includina oartial holders of owner interest.
within the affected territorv. indicatina for each owner:
a. The affected tax lots, includin!1 the township. section and ,
ranae numbers:
b. The street or site addresses within the affected territorv as
shown in the Lane County Reaional Land Information
Database svstem (RLlm;
c. A list of all eliaible electors reaistered at an address within
the affected territorv: and
d.. Sioned oetitions. as mav be reauired.
2. Written consents on Citv aoproved petition forms that are:
a. Comoletedand sianed. in accordance with ORS 222.125.
Qy;
i. All of the owners within the affected territorv : and
ii. Not less than 50 oercent of the eligible electors. if
anv. reaistered within the affected territory ' or
b. Completed and sioned. in accordance with ORS 222.170,
Qy; ,
i. A maiority of the eliaibfe electors reaistered in the
territorv proposed for annexation and the owners of
more than half of the land in the affected territorv
and said ownership reoresents more than half of
the assessed value of the land comorisino the
affected territorv as soecified in ORS 222.170(1)
(Triole MaioriM: or
ii.
A maioritv of the owners of the land in the affected
territorv. who also own more than half of the land in
the affected territory as soecified in (J)Ii~te Rece',ved'
222.170(2) (Double Maioritv); UCI,
NOV 05 200:j;
,Planner: BJ
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ATTACHMENT ~ - 8
8.
9.
10.
11.
12.
13.
14.
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iii. Publiclv owned riohts-of-way can be added to
annexations initiated bv these two methods without
) anv consents~
3.
A Citv Council resolution to initiate a boundarv chanoe. includino,
but not limited to. oub/iclv owned riohts-of wav.
4.
In lieu of a oetition form described in Subsection 2 above. an
owner's consent mav be indicated on a oreviouslv executed
Consent to Annex form that has not yet exoired as soecified in
ORS 222.173 or Dreviously executed Annexation Aoreement
consentino to the annexation of territorv,
5.
Verification of Prooertv Owners form sioned bv the Lane County
Deoartment of Assessment and Taxation.
6.
A Certificate of Electors form sioned bv the Lane County
ElectionsNoter Repistration Deoartment.'
7.
An ORS 197.352 waiver form sioned by each owner within
affected the territorY.
A waiver formsioned by each owner within the affected territorv
as allowed bv ORS 222.173. -
A leoal descriotion of the affected territorv orooosed for
annexation consistent with ORS 308.225 that will include
contiouous or adiacent rioht-of-way to ensure contiouitv as
re~uired bv ORS 222.111.
A Lane Countv Assessor's Cadastral Mao to scale hiohliohtino the
affected territorv and its relationshio to the citv limits.
A list of the districts orovidino services to the affected territorv.
A oubliclorivate utilitv olan describino how the orooosed affected
territ~rv can be served bv a full/minimum level of kev urban
facilities and services.
A sioned Annexation Aoreement. if reouired bv the Director. to
resolve fiscal imoactsuoon the City caused bv the orooosed
annexation, The Annexation Aoreement shall address. at a
minimum. connection to and extension of Dublic facilities and
services. Connection to Dublic facilities and services shall be at
the discretion of the Citv. unless otherwise re~uired bv ORS.
Where oublic facilities and services are available and can be
'extended. the aDolicant shall be re~uired to do so. .
A written narrative addressing the oroDosal's consisten~\lCitlr.lhl!')ece'lved
aDDroval criteria soecified in Section 5.7-140. U~
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NOV 05 2001'7.1
Planner: BJ
ATTACHMENT 3 - 9
15. A fee as p'f;t::lhlished bv Council Resolution.
I 5.7-130 Notice
[Ne.....s~a~er Rslis:: E~E~~ \o1e requirea as s~eGified in SeGti:~ ':.~ .. ':.] Notice
reouirements for annexations shall be as soecified below:
A. Mailed Notice. Notice of the. annexation aoolication shall be mailed at
least 14 davs prior to the public hearino date to:
1. The aoolicant. orooertv owner and electors in the affected
territorv:.
2. Owners and occuoants of orooerties located within 300 feet of the
perimeter of the affected territory:
3. The neiohborhood grouo or community or~anization officiallv
recoonized bv the City that includes the affected territorv;
4. Affected soecial districts and all other oublic utilitv providers: and
5 Lane Countv Land 'Manaoement Division, Lane County Elections.
and the Lane Countv Board of Commissioners.
B. Newsoaoer Notice. Notice of the public hearino at which an annexation
aoolication will be considered shall be gublished in a local newsoaoer
with oeneral circulation once each week for two successive weeks prior to
the hearino date: and
C. Posted Notice. Notice of the public hearino at which an annexation
aQolication will be considered shall be posted in four public places in the
Citv for two successive weeks prior to the hearino date.
D. Notice Contents. Notice of the oublic hearino at which an annexation
aoolication will be considered shall include:
1. The Lane Countv Tax Assessor's mao and tax lot numbers. street
addresst:!s or other easilv understood oeooraohical references of
the affected territorii;
2. . A statement that the Director's recommendation will be available
seven davs prior to the Dublic hE:!;:Irino: and
3. The date. time and place the Citv Council will hold a public
hearino tn r.nnf;ider the annexation aoolication.
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~5.7-135 [Fissallmllast ana Annexatien Agreement] Recommendation to City j
Council . , '
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Date Received
NOV 05 2009
Planner: BJ
ATTACHMENT 3 -'10
[I.. :~:: Dir-€!ster shal' \:~,,:!:: '~-hrmatieR submittea by tl=ll! l!~l1,,:;aRt te
aetermine the fiszz~ ::::F~::~ ~t:: ;:repesea .'\nnexatieR en tl=le City ana
whetl=ler the al3l3lica::t ~:::: 3aar-€!ssea tl=le appreval critY.':: ':: ':'3stieR 5.7
un.! .
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fe, ~::::;a~ ::::~z:;~s :::zy be Feselvea by USiR!) an Annexatien I\!)reerncnt. The
Annexatien/\!)r.eernen~ ::~::" Z3Gfec::, zt:: :::;::imurn, cenneGti?" t:: :::ld
extensien e' p'::',,:; facilities ana services. CenneGtion t:: ;:\:t",: facilities
ana servicEs s~z'~,l:l:: ::~ ~t'3 discretion ::' t~:: ~ity. Wl=lere public facilities
ana sel'\<ic"s :~g :'.'::,,::'::"') ana can be extenaed, tl=le applicant 61=1all be
requirea to ae se.] ,
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The Director shall forward a written recommendation on the annexation application to
the Citv Council based on the aooroval criteria soecified in Section 5.7c140.
I 5.7-140 Criteria
[fl=le City Ceuncil sl=lall appr-cwe, meaif)' et aeRY any annexatin:: ::p::-Iicatien basea upon]
An annexation aoolication mav be aooroved onlv if the City Council finds that the proposal
confonms to the following [al3l3nlval] criteria:
A. The affected territory proposed to be annexed is within the City's
[urbanizable ar.ea] urban crowlh boundarv. and is;
'1. Conticuous to the city limits: or
2. Seoarated from the Citv onlv by a public rioht of way or a stream.
lake or other bodv of water.
B. [Key :.:~'::'z:: servises. ana facilities caR be pr.evidea to th" E:~gZ ;'1 E::1
eraerly aRa efficient manner] The oroposed annexation is consistent with
aoolicable oolicies in the Metro Plan and in any aoplicable refinement
olans or Plan Districts:
C. [Ther-€! '....iII be a le!)ical area aRa tirne within which to aeliver '1:-'.}E::1
servises ana facilities] The orooosed annexation will result in a boundarv
in which the minimum level of kev urban facilities and services. as defined
in the Metro Plan. can be orovided in an orderlv. efficient. and timelv
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.
L 5.7-143 Citv Council Decision
City Council aooroval of annexation aoolications shall be bv Ordinance.
ATTACHMENT 3 - 11
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Date Received
NOV 05 200!7J
Planner: BJ
I [1i.7 141i Submittal oUhe CouReil'sResolutioR to the LClGBC'
The City CelJncil s"::" :-:lept ey RssellJtien aRY .'\nnexatieR r.e:s~~'3A:':~is::.Fs DirsGtor
shall furwars all City !\::::s::sti:m rei:;emmen:'a~:::: \;l tile LCLGBC.] ,
I 5.7-145 Zonin!l
.,
Currently, all unincorporated land within the City's [ureani:o::':': yaa] urban orowth
boundarv is zoned in compliance with the zoning districts listed in this Code and is
designated in compliance with the Metro Plan. Unincoroorated land within the
["rlz:::;:::':1le am3] urban orowth boundarv is distinguished from land within the city limits
by the addition of the urban Fringe (UF-1li) Overlay District established in Section 3.3-
800. Upon approval of the annexation by the [LClGBC] Citv 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 aoolication comolete for a zonino mao
amendment until the annexation has been aooroved by the Citv Council.
I 5.7-150 INatifieatian af Ytilities] Effective Date and Notice of Approved Annexation
[The City Reser.aer shall pr.o'lise Rmise ey seFlified ~:" \: :111"'!':1lis lcltility pra1iiseFS
epeFatiRg in the City '.vithin 1 9 days af reseipt ef the lClGBC aGtieR approving the '
Annexatie:,:. :"::J Retics s":a~' :aRtain eacl1 site addr:ass as ~:Jcor.aed OR tile laRs CalJnty
assessm:::~ :::-:l tax raile:, a legal description, : ~?~ af the eeundary chaRge and a copy of
the lCLGBC aGtien.]
A.' The effective date of an aooroved annexation shall be set in accordance
with ORS 222.040. 222.180 or 222.465.
B. Notice of Aooroved Annexation.
1. Not later than 10 workino davs after the oassaoe of an Ordinance
aoorovino an annexation. the Director shall:
3. Send bv certified mail a notice to public utilities (as defined
in ORS 757.005\. electric coooeratives and
telecommunications carriers !as defined in ORS 133.721'
ooeratino within the Citv; and
b. Mail a notice of the annexation to the Secretarv of State.
Deoartment of Revenue. Lane County Clerk. Lane County
Assessor. affected districts, and owners and electors in the
affected territory. The notice shall include;
i. A COOy of the Ordinance approvino the annexation;
ii. A leGal description and map of the annexed
territorv: Date Received
NOV 05 200j\
ATTACHMENT 3 - 12
Planner: BJ
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iii. The 'findinos: 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 alsoinclude
cooies of the petitions sioned by electors and/or owners of
the affected territory as reouired in Section 5.7-125.
2. If the effective date of an annexation is more than one year after
the Citv Council passes the Ordinance aoprovino it. the Directo~
shall mail a notice of the annexation to the Lane County Clerk not
sooner than 120 davs and. not later than 90 davs prior to the
effective date of the annexation.
I 5.7-155 Withdrawal from Special Districts
A. Withdrawal from soecial districts may occur concurrentlv with the
aooroved annexation ordinance or after the effective date of the
annexation of territorY to the City. The Director shall reC<1mmend to the
City Council for consideration of the withdrawal of the annexed territory
from special districts as specified in ORS 222 [1ol1l0R Fes!!ipt sf tne
LCLGQCa'::'t::~ ::11;;'~'3vin!l Ine AFlnexatir, ::~-j after tAe effeGtive elate of
the /',FlRexationj. . '
B. Withdrawal from soecial districts processed separate from the process
annexino the territorv to the City reauires a Public Hearino with notice as
reouired in Section 5.7-150(8) and IC).
C. Criteria. In deterrninino 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 soecified
'in ORS 222.
E. Notice of Withdrawal. Noticewill be orovided in the same manner as
soecified in Section 5.7"150.
I 5.7-160 Appeals
Appeals of the City Council decision shall be to the Land Use Board of Appeals, as
specified in Section 5.1-140G.
Date Received
NDY 05 200f)!
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Planner: BJ
ATTACHMENT 3 '- 13
Section 5.12-100 land Divisions - Partitions and Subdivisions
I 5.12-120 Tentative Plan Submittal Requirements
I
A Tentative Plan application shall containthe elements necessary to demonstrate that
the provisions of this Code are being fulfilled.
F. Additional information and/or applications required at the time of Tentative
Plan application submittal shall include the following items, where
applicable:
1. A brief narrative explaining the purpose of the proposed land
division and the existing use ofthe property.
2. If the applicant is not the property owner, written permission from
the property owner is required.
3. A Vicinity Map drawn to scale showing bus stops, streets,. .'
driveways, pedestrian connections, fire hydrants and other
transportationlfire access issues within 200 feet of the proposed
land division and all exi~ting Partitions or Subdivisions immediately
adjacent to the proposed land division.
4. How the Tentative Plan addresses the standards of any applicable
overlay District.
5. How the Tentative Plan'addresses Discretionary Use criteria,
where applicable. . .
, 6. A Tree Felling Permit as specified in Section 5.19-100.
, .
7. A Geotechnical Report for slopes of 15 percent or greater and as
specified in Section 3.3-500, and/or if the required Site
Assessment Section 5.12-120 indicates the proposed
development area has unstable soils and/or high water table as
specified in the Soils Survey of Lane County.
8. An annexation application as specified in Section 5.7"100 where a
development is proposed outside of the city limits but within the.
City's [llItlilnizaelearea] urban crowth boundarv and can be
serviced by sanitary sewer and water.
I 5.12-130 Tentative Plan Conditions
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: '" '. ,Date Received
Nay 05 20011
Planner: BJ
ATTACHMENT 3 - 14
P.' In the case of a Partition of property that is outside of the city limits but
within the City's [t:~:a::::::~le area] urban crowth boundarv and no '
concurrent annexation application is submitted, [AnnellatisA AgFeeFFlent]
Consent to Annex forms shall be signed and recorded by the property
owner prior to recording the Partition Plat.
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Date Received
NOV 0 fi 20001
Planner: BJ
ATTACHMENT 3 - 15
Date Received
NOV 0 5 20lJ]
Planner: BJ
Section 5.23-100 Extraterritorial Extension of Water and Sewer
Service
L 5.23-105 Puroose
A. These reoulations oovern the aooroval of requests for the extension of
water service or sewer service outside of the city limits or extensions that
QO bevond the citv limits and urban orowth boundary to reach orooerty
within the city limits. These reoulations are intended to accomolish the
orderlv develooment of.land within the community. ensure the adequate
orovision of oublic facilities and services, protect the public health and
safe.tv of the community and enable develooment to occur consistent with
aoolicable provisions of the Metro Plan.
B. The Citv shall not extend water or sanitary sewer service outside the city
limits. unless a health hazard, as defined in ORS 222.840 - .915 is
determined to exist. Annexation of the territory so served is'reQuired if
the territorv is within the urban orowth boundarv and is contiouous to the
citv limits. An alternative to annexation. if aoreed to bv the Citv and the
owners of the affected orooertv. mav occur in the place of annexation.
The Citv mav extend water or sanitarvsewer outside the city limits or
urban orowth boundarv to provide these services to orooerties within the
city limits.
c. Extraterritorial ServicelFacilitv Contracts between a orooertv owner and
the Citv shall be initiated at the sole discretion of the Citv Council.
15.23-110 Applicabilitv
These reoulations aoolv to aoolications reguestinQ the extension and/or connection of
~t:l(~r ::;ervice or ::;~wer servi('.t:! C)utside of the city limits and within the urban orowth
boundarv.
L 5.23-115 Review
'Extraterritorial extension of water or sewer service aoolications are reviewed under Tvoe
IV orocedures.
L 5.23-120 ADDlication Submittal
Commentary: What about addifional submittal requirements from Section 5.7-125?
In addition to the provisions soecified in Section 5.4-105. an extraterritorial extension of
water or sewer service aoolication shall include the followinQ:
A. A list of all tax lots oroDosed to be served, includino street addresses and
Drooerty owner names:,
, B.
A leoal descriotion of the orooerty to be served;
ATTACHMENT 3 - 16
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C. A sioned Consent to Annex form for the oroperly proposed to be served:
D A map drawn to scale showina 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 addressina the proposal's consistencv with the
aooroval criteria in Section 5.23-125.
F. A fee as established bv Council Resolution.
I 5.23-125 Criteria
Jhe Direcior shall approve. aoprove with conditions, or deny the application based on
comoliance with the followino criteria: . '
A. The propertv prooosed for service is located within the city's urban Qrowth
boundarv:,
B. Annexation of the orooertv proposed to be served is currentlv not oossibl~
due to the inabilitvto meet the criteria for annexation soecified in Section
5.7-140:
C. The orooertv proposed for.service is not vacant:
D. The provision of service will not orolono uses which are nonconforminq
uses as soecified in Section'5.8-100:
E. In the case of an aoolication for extension of water service. the prooerly
to be served is connected with anaooroved means of sewa~e disoosal:,
F. The proposed extension is consistent with adopted resolutions. policies.
plans and ordinances concernin~ extraterritorial extensions: and
G. Even if a orooosed extension is inconsistent with the criteria above. the
citv mav aoorove an extraterritorial extension of water or sewer service:
1. Where a communicable disease hazard exists and the extension
is the on Iv oractical remedv as soecified in ORS 222.840 - .915: or
2. To propertY within a dissolved water district within which the
Sorinofield Utilitv Board is providinQ service to some properties.
Date Received
(-"'1
NOV 0 5 2000'
. Planner: BJ
ATTACHMENT 3 - 17
.~-.-.~.
CHAPTER 6
DEFINITIONS
[Annexation Agreement ^.. .tt
FeEluesting aARexation t".,.+ ~,.~ en agFeOmeAt boa'leeR tRe Citv €I
mitigate fis::' :~::' seFVie":',.:.t~::s the ter:m~, sOAditi~~: :~j oblj 'a~n owners ofl~Rd .
development Of the pr.ap~rt>-.~~.As to tRO City assosiated '....ith th~ .,~~~ of ~e parties to
consistent witR tRe Motr.a PI' T]he agr.eC:7:E~t :7:3:r be used to ens-....~xatlon aRd futuFe
. an. UFe annexation
Date Received'
NOV 05 200fD
Planner: BJ
ATTACHMENT 3 - 18