HomeMy WebLinkAboutMiscellaneous PLANNER 11/13/2007
(NOTE: CHANGES PREPARED SUBSEQUENT TO THEVERSION
PUBLISHED ON 11/13107 APPEAR IN ITALIC BOLD)
PROPOSEDSDC AMENDMENTS - ANNEXATION REGULATIONS
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TABLE OF CONTENTS
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CHAPTER 5
THE DEVELOPMENT REVIEW PROCESS' AND APPLICATIONS
5.7-100
5,7-105
5,7-110
5,7c113
5]-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
Develbpmen"t Issues Meeting "
Annexation Initiation and Application Submittal
Notice . ,
[FiscaIIFRpa~ and Annexation J\ijreement] Annexation Procedures
Criteria' ' ' ,
, Citv Council Decision
[S:!':~;'::' s' ~!":: SOblncil's' Resolbltion to the LCLGBC] Zoning
[Notification of Utilities] Effective Date and Notice of Aooroved Annexation
Withdrawal from Special ServiCe Districts
Appeals '
EXTRATERRITORIAL EXTENSION OF WATER OR SEWER SERVICE
Puroose
Aoolicabilitv
Review
Aoolica!ion Submittal
Criteria
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Date Received
NUV 1 3 200'-'
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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 [the !)ro!)eFty owner oetains annexation] a health hazard as
defined in ORS 222.840 et sea,is determined to exist Annexation of the
9ffected territory so served is reauired if the territory is within the urban
,orowth boundarvand is contiouous to the citv limits,
1. The Citv mav extend water or sanitary sewer outside the citv limits
or urban orowth boundarv to provide these services to orooerties
within the citvlimits, As orovided in ORS 222,840 et sea the City
and a maioritv of the, electors of the affected territory mav aoree to
an alternative to annexation to mitioate the health hazard.
includino extraterritorial extension of services without annexation,
2. Extraterritorial extension of water or sanitary sewer aoolications
that are not related to health hazards as soecified in ORS 222,840
et sea shall be orocessed as soecified in Section'5,23c100,
E. 'Connection to the sanitary sewer system. Any property to be partitioned
that is within the distances specified in OAR 340-071-0160(4)ffi.) for
connection to the City's sanitary sewer system shall require annexation to
the City orior to P<:lrti(ion Tentativp. 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 aoolication mav be aooroved without annexation:
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Section 5.1-100 The Development Review Process
I 5.1-140 Type 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, Notwithstanding the
, effe,ctive 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 Developnient as specified in OAR
660-18-0040.
EXCEPTION: [Fe" ':'--::::~;'Jns, the City co~nGil decisis.. is ~nal 3RIy
upon concurrence of the Lane County Local GovemmentBoupdtlry
Commission.] For Metro Plan amendments that require adoption by the
City, Eugene and/or Lane County, the City Council decision is final only
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upon concurrence of the Lane County Commissioners and the City of
Eugene Citv Council, as appropriate, .
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Section 5.4-100 Development Applications
Table 5.4-1 Development Applications
I Accessory Dwelling
I Amendment of Development Code Text
I Amendment of Refinement Plan Text or Diagram
1 Annexation L incl~ain!l extmterriterial extensions]
1 Appeal of a Type II Director's Decision
1 Appeal of Type III Decision to City Council
1 Appeal of an Expedited Land Division
1 Conceptual Development Plan
1 Conceptual Development Plan Amendment
1 Demolition of Historic Landmark
I Determination of Non-Conforming Use Status
I Development Issues Meeting
1 Discretionary Use
I Drinking Water Protection Overlay Distnct Development
I Establishment of Historic Landmark Inventory
1 ExpansionIModification of a Non-Conforming Use
! Expedited Land Division
I Extraterritorial Extension of Water or Sewer Service
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~Decisioii1Tvoiii;, ;Mlililicable:SDC,Sectibn5:'!
Type I
Type IV
Type IV
Type IV
Type III
Type IV
'Type III
,Type III
Type III
Type III
Type I
Type I
Type "'
I Type I
1 Type III
I Type II
I Type II
TvoelV
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5,5-100
5,6-100
5,6"100
5,7-100
5,3-100
5,3-100
5,3"125
Applicable Section
Applicable Section
3,3-900
5,8-100
5,1-100
5,9-100
3,3-200 '
3,3-900
5,8-100
5,1-145
5.23-100,
Date Receivect
NOV 1 3 200l '
Planner: 8,1
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Section 5.7-100 Annexations
1 5.7-105 Purpose
These'regulations:
A. Clearly define the process for the review of orooosals to annex
[/\nnexation of] territory to the City;
B. Provide a process for the subseauent withdrawal of territory from special
service,districts: and '.
C. Provide a qrocess for Citv aooroval of annexations to certain special
districts, inCludina but not limited to: the Lane C',9untv Mt:!trl)l)olitan
Wastewater District: and the Willamalane Park' and Recreation District,
I 5.7-110 Applicability
[Tb::: S::Glie :f';:,lies to any Annexation of territory to the City that is 'Nithin the City's' "
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Ilrbanizable ama,] -
A. These regulations aoolv to annexation aoolications assoecified in Section
5,7-125,~,..':::t._\.._ """,,,,:i",,"::_""-;"'I~:"':,,"..I-t!eiR:: ~J~: :'slll3le "..,:j trillls
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S. Other annexation orooosals oermitted bl/ ORS 2/.2 !';hilll t:>t:! l)rocessed as
,orovided in ORS 222,
1 5.7-113 Definitions
The following definitions are specific to this Section:
Affected City. A city. city-county or cities, named in a oetiticin, for which a
boundary chanoe is prooosed or a citv, citv-county or cities, named inan
ordinance or order. for which a boundarv chanoe is ordered.
Affected County. Each countv that contains anv territorv for which'a boundarv
chanoe, is orooosed or ordered,
Affected District. Each' soecial district 'named in a Detition that contains or
would contain territory for which a boundary chanoe is orooosed or ordered,
Affected district also means a district or districts, named in a oetition, for which a
boundary chanoe is orooosed or ordered,
Affected Territorv. 'Territorv described in a oetition, Affected territory also
means an area within the urban oroWth boundary of a citv that is otherwise
elioible for annexation to a citv where there exists an actual or alleaed danoer to
,"" ,'Rublic health as defined in ORS 222. . d
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Annexation. The attachment or addition of territorv to, or inclusion of territory in:
an existinc citv or district.
I Annexation Aareement. A written aoreement between the Citv and owners of
land reouestino annexation that states the terms. conditions and oblioations of
theoarties to mitioate fiscal and service imoacts to the Citv associated with the
annexation and future develooment of the orooertv, The aoreement mav be
used to ensure annexation consistent with the Metro Plan,
Annexation Contract. A contract betWeen a citv and ill landowner re/atinq
to extraterritorial Drovision of service and consent to eventual annexation
of DrODertv of the landowner. The contract shall be recorded and shall be
bindina on all successors with an interest in that DroDertv.
Boundarv Chanae. An action bvthe Citv Council dulv authorized bv ORS
222 that results in the adiustment of the citv limits or the boundarv of a
public service district. '
Cadastral MaD. A mao oreoared bv the Lane Countv Assessor's office showina,
bearincs and distances and the boundaries of oarcels, lots and tracts of land.
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Consent to Annex. Forms orovided bv the affected citv that must be included
with certain annexation and extraterritorial extension aoolications which includes
the sian'ature of the owner of Dart or all of the affected territory, and electors. if
anv. as af!,Dlicable.
Contiauous. Territorv that abuts the citv limits at anv ooint alonc the orooertv's
exterior boundary or,seoarated from the citv limits bv a oublic rioht-of-wav or a
, ~tream, bav, lake. or other bodv of water.
{Deleted the definition of Double Maioritv.l
Effective Date of Annexation. The effective date of the boundary chanoed as
prescribed in ORS 222,040.222,180 or 222.465,
Elector, An active reoistered voter aran ~ddress within the affected territory,
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Extraterritorial Connection of Service. The connection of water or sanita.rv
sewer service to develooed orooertv located outside the citv limits and within the
urban crowth boundary, I
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Extraterritorial Extension of a Facility. The extension of a water or sanitary
sewer line outside the citv limits and withinithe urban orowth boundary.
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Extraterritorial Service/Facilitv Contract; A contract between the owner of
orooertv orooosed to be served and theCitv soecifvino and identifvino service
orovisions. oblioations of the citv and cost oblioations of the owner of the affected
territo.rv. The decision to enter into such a contract shall be initiated at the
t,,::\,\ i 'h ,(~"'f{< .solediscretion of the Citv Council. Date Rec' d
t;ti -~ r H\}'::i?'i ~j.iij;..~ . en'e
Filina. The submittal of materials to initiate a boundary chance orocess,
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Initiation Method. Anvofthe followiha'descriotions ofoarlicioants and
documentation necessarv for commencement of Citv annexation orocess:
1. All of the owners of land in the territorv oroqosed to be annexed. and
[lot less than 50 oercent of the electors. if anv. residina in the territorv
prooosed to be annexed. have consented in writina to the annexation and
file a statement of their consent to annexation with the Citv:,
2. More,than half of the owners of land in the territorv orooosed for
annexation who also own more than half of the land in the contipuous
territorv and of real orooerlv therein reoresentina more than half of the
!Issessed value of all real orooertv in the contiauous territorv consent in
writina to the annexation and file a statement of their consent to
annexation with the Citv:
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3. A maioritv of the electors reqistered in the territory orooosed to be
annexed and owners of more than half of the hind in that territorv consent
in writina to'the annexation and file a statement of their consent to
'-. j},j,annexation'with the Citv:
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4. The Citv Council mav~without anv vote 'or anv consent bv the
owners. annex territory within the urban arowth boundarv if it is found that
a danaer to oublic health exists within that territorv and that such condition
can be removed or alleviated bv sanitarv. water or other facilities ordinarilv
, ,orovided bv incoroorated cities: O{
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5. The Citv Council may bv resolution initiate annexation of oublic riaht
of wav or other oublic land contiauous to the citv limits.
Leoal DescriDtion. As defined'inORS308,225121,
Notice. An ordinance: resolution, order. or other similar matter orovidino notice
authorized or reouired to be oublished, oosted, or mailed,
Owner. The leoal owner of record accordino to the latest available Lane Countv
Tax assessment roll or. where there is an existina recorded land contract that is
in force, the ourchaser thereunder, If there is a multiole ownershio in a Darcel of
land, each consentino 'owner is counted as a fraction to the same extent as the'
interest of the other owners and the same fraction is aoolied to the oarcel's land
mass and assessed value for ourooses of the consent oetition. 'If a corooration
owns land in the affected territory, the corooration must be considered the
individual owner of that land,
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Petition. Anv document such as sionature sheets, resolutions. orders, or articles
of incorooration, reouired for initiatino an annexation. withdrawal. or orovision
of extraterritorial services. In the case of a oetition initiated bv orotl6{t'l
'" .~~~ers, the oerson sionino on behalf of a corooration or business m~~tU;iltAlAeceived
~J,evldence showlRO that,oerson IS authOrized to slon leoal documents for the firm,
NOV J 3 200j
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Proceedina, A oroceedino to consider a boundary chanoe,
Proaosal. The set of documents reouired to initiate oroceedinos for a boundary
chanoe,
Saecial Service District. Anv of the districts identified in ORS 198,
{Deleted the definition of TriDle Maioritv.{
Urban Grow1h Boundarv. A site-soecific line, delineated on a mao or bv written
descriotion that seoarates urban and urbanizable land from rural lands, that is
Dart of a comorehensive clan ,
Withdrawal, The detachment. disconnection or exclusion of territorv from an
existino citv or district.
15.7-115.Review
[A,]
[2,
Annexation applications are reviewed under Type IV procedure, without
Planning ~~mmission con:i~ation, ~ ~ c.&~~ ~::W:~~.r- .
~xatl~~oryt= Hl€l~lre~ ,:.._, z:;bon l:lythe Lane l,e a....-,o.f>
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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 orocedures specified in this Section, unless waived by 'the Director,
I 5.7-125 Annexation Initiation and Application Submittal
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.'I,nnexation of territory to the City may l:le citizlZ~ :~:~~3teG-:~ '~;~d:1-by
the City Council. '
,'\11 !\nnexation applicationc ~":zll incl~de inf~......:'~;')n to address the
approval criteria specifie8 iR gestie~ B.7 119,]
An annexation aoolication mav be initiated bv Citv Council resolution, or
bv written consents from electors and/or orooertv owners as orovided
below. I
,
,
In addition to the orovisions soecified in Section 5.4-105. an annexation
aoolication shall include'the followirio:,
I
A list of all owners: includincl oartial holders of owner interest.
within the affected territorv,indicatino for each owner:
Date Received
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a. The affected tax lots, includino the townshio, section and
,ranee numbers:
, b. The street or site addresses within the affected territory as
shown in the Lane Countv Reoional Land Information
, Database system !RUD\:
c.
A list of all eiioible electors'reoistered at an address within
the affected territorv: and
d, ' Sioned oetitions, as mav be reouired.
2. Written consents on Citv aooroved oetition forms that are:
a. Comoleted and sianed, in accordance with ORS222,125,
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i. All ofthe owners within the affected territorv : and
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ii. Not less than 50 oercent of the elioible electors, if
anv, reaistered within the affected territorv : or
b. Comoleted and sioned, in accordance with ORS 222.170,
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i. More than half the owners of land in the
territorv. who also own more than half the land
in the contiauous territorv and of real DroDerlir
therein reDresentina more than half the
assessed value of all real QroDertv in the
contiauousterritorv, ORS 222.170(1): or
ii. A maioritv ofthe electors reaistered in the
territorv DroDosed to be annexed and a maloritv
of the owners of more than half the land ORS
222,170(2\
iii. Publiclv owned riohts-of-wav can be added to
annexations initiated bv these two methods without
anv consents:
3. A Citv Council resolution to initiate a boundary chane'e, includine
but not limited to, oubliclv owned riehts-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 lias not,vet exoired assoecified in
ORS 222,173 or oreviouslv executed Annexation Aqreement
consentino to the annexation of territory, Date Received
NOV 1 3 200'l~
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5. Verification 'of Prooertv Owners form sioned bv the Lane Countv
Deoartment of Assessment and Taxation,
6. A Certificate of Electors form sioned bv the Lane Countv
ElectionsNoter Reoistration Deoartment.
7. An ORS'197,352 waiver form sioned bv each owner within
affected the territorv,
8. A waiver form signed bv each owner within the affected territo""
as allowed bv ORS 222,173:
9. A leoal descriotion of the affected territory orooosed for
annexation consistent with ORS 308,225 that will include
contiouous or adiacent rioht"of-wav to ensure contiouitv as
reouired bv ORS 222,111,
10. A LaneCountv Assessor's Cadastral Mao to scale hiohliohtino the,
affec~ed territorY and its relationshio to the citv limits,
11. A list of the districts orovidino services to the affected territory,
,12. A oublic/orivate utilitv clan describino how the orooosed affected
, territorv can be served bv a full/minimum level of kev urban
facilities and services,
,
13. A sioned Annexation Aoreement. if reouired bv the Director. to
resolve fiscal imoacts uoon the Citv caused by the orooosed
annexation, The Annexation Aoreement shall address, at a
minimum, connection to and extension of oublic facilities and
services, Connection to oublic facilities and services shall be at
the discretion of the Citv, unless otherwise reouired bv ORS,
Where oublic facilities and services are available and can be
extended, ,the aoolicant shall be reouired to do so,
14. A written narrative addressinq the orooosal's consistencv with the
, aooroval criteria soecified in,Section 5,7-140,
15. A fee as established bvCouncil Resolution,
I 5.7-130 Notice
[NowspaJJor notic: :~:" l:1e re~~ired as specified in Secti'J~ !i,~~,] Notice
reouirements for annexations shall be as soecified below: '
A. Mailed Notice, Notice of the annexation aoolication shall be mailed at
least 14 davs orior to the oublic hearino date to:
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2. Owners and occuoants of orooerties located within 300 feet of the
, oedmeter of the affected territorii:
,3. The neiohborhood 9rouo or communitv oroanization offlciallv
recoonized bv the Citv that includes the affected territory:
4, Affected soecial districts and all other oublic utilitv oroviders: am!
5 Lane Countv'Land Manaaement Division, Lane Countv Elections,
and the Lane Countv Board of Commissioners,
B. Newsoaoer Notice. Notice of the oublic hearino at which an annexation
aoolication will be considered shall be oublished in a local newsoaoer
with oeneralcirculation once each week for two successive weeks orior to
the hearino date: and
C. Posted Notice" Notice of the oublic hearino at which an annexation
aoolication will be considered shall be oosted in four oublic olaces in the
Citv for two successive weeks orior to the hearina'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 numoers. street
addresses or other easilv understood oeooraohicill references of
the affected territory:
2,
A statement that the Director's recommendation will be available
seven davs orior to the oublic hearina: and
1:
The date, time and olace the Citv Council will hold a public
hearino to consider the annexation aoolication,
3.
l5.7-135 [Fiseallmpaet and Annexation Agreement] Recommendation to City I'
Council '
[t..
T~:: Director shall utilize inrormatioR 's~bmitles by th-: :I";:,"::ant te
Geter~::'1!! 1t::J fisc::lI impact of the Ilroposed AnnexatioR on t~o City ans
wRetI1!!~ t~!! zpplicant has assressed the allpro'/al cril!!~;: ;~ ':':Jction 5,7
~ ' , :'
[B. ,z;;;s31 imlla?l: ~:~; ':-: ~Yol\'es by ~sing an Annexation Agr(l:~!!r:t. Tb
Annexation Agreemznt ~t:g!!' zEklns:, zt z :11ini~:.i~, OORRe:~j:~ t~
extension 0' J:;ut:li;; facilities and ser:\'ices, CORnection ts ;:>:.:':';:: facilities
,and services shall be at the discreti2~:~ ~~:J City. Where public f3Cilities
and services are available ans can be extendes, the allpli??':'t :~:II-be
rOEluiFOsto do so,] "
!_ ':", 'I'" t T~e Di~';C!~r shan'forw~:~ a written recommendation ,on the annexation aoo~Received
,j, I'rbl 'the Gltv,C;;ouncll based on the aooroval criteria soeclfled In Section 5,7.140,
NOV 1 3 200;.r~,1
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1 5.7-140 Criteria
[The City Council shall approve, meaify er aeny any annexatioA applicatien basea ~pen]
An annexation aoolication mav be aooroved onlv if the City Council finds that the orooosal
conforms to the following [aJlw.evalj criteria:
A. The affected territory proposed to be annexed is within the City's
, [~~'::~;:::':'3-afea] urbanoroWth boundary, and is;
1. Contiouous to the citv limits: or
2. Seoarated from the Citv on Iv bv a oubli<: ri<::Jh\ l)f wav or a stream,
.Iake or other bodv of water.
B. [Ke}' I.:ilz~ s:Jrvices ana facilities can be proviaea te the ar?:, ;~ :,,,\
er<lerly ana efficient m'anner] The orooosed annexation is consistent with
aoolicable oolicies in the Metro Plan and in anv aoolicable refinement
clans or Plan Districts:
C. ' [There will ee a 10:1sz~ 3ma ana time within wl1ich to deliver urean
cervices ana facilities] The orooosed annexation will result ina boundary
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 time Iv
manner; and
D. Where applicable, fiscal impacts to the City have been mitigated through
, all Annexation Agreement or other mechanism approved by the City
Council.
I 5.7-143 City Council Decision
"
Citv Council aooroval of annexation aoolications shall be bv Ordinance,
1 [6.7146 Submittal oUtle Co~neil's Resolution tattle LCLGBC
The City Ce~n-:;" ~h?" ?':lop! ey Resel~ti?~ :.~~' Annexation recemmenaatie~,[:'~: Directer
~~z~~ ~erwara all City .^.nnexatien recemmenaali'::,~~ ~? the LCLGBc.] ,
1 5.7-145 Zoning
Currently, all unincorporated land within the City's [e'::~;:::':le area] urban orowth
boundary 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 ,
[,:.:~':z~:zz~le ama] urban orowth boundary is distinguished from land within the city limits
by the addition of the urban Fringe (UF-10) Overlay District established in Section 3.3-
800, Upon approval of the annexation by the [LCLGBC] Citv Council:
))BVi8jBl~~;/::;!\,iC The UF-10 Overlay District designation shall cease to apply automatically; .
, , ';:<'''-," \and" :., -Date Recelvod
BOlte ~ . '/01':
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NOY 1 3 200']
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B, ~The current zoning shalj 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 bv the Citv Council
and becomes effective. as that term is described in Section 5."M 13.
I 5.7-150 [Netifi6...~;....,. ...1 Utilitiesl Effective Date and Notice of Aporoved Annexation ~
[The City Recordc s~z~~ pr.evide ~otice by certifie: ~::;I t:: ::" ;:>::t,,: ::tility providers
operating :~ t~a City w:t~;~ ~ 0 days of receillt of the LCLGBC action appro'/ing the
.'\nneJ<aticF:. H:3-f19tiGs s~z~~ ::ontain each site address as recorded on ths ~z~s County
assessment aRd tax rolls, a legal descriptic~, : ~::;:> of the bOklndary change and a copy ef
the LCLGBC action,]
.\
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,
I '
1. Not later than 10 workino davs after the oassaoe of an Ordinance
, aoorovino an'annexation, the Director shall:
, a. Send bv certified mail a notice to oublic 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 Secretary of State.
Deoartment of Revenue, Lane Countv Clerk, Lane Countv
Assessor, affected districts, and owners and electors in the
affected territory, The notice shall include:
i.' A coov of the Ordinance aoorovino the annexation:
ii. A leoal descriotion and mao of the annexed
territory: , .
iii. The findinos: and
iv. Each site address to be annexed as recorded on
Lane Countv assessment and taxation rolls or
found in RLlD,
c. The notice to the Secretary of State will also include
cooies of the oetitions sioned bv electors and/or owners of
the affected'territorv as reouired in Section 5,7-125,
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If the effective date of an annexation is more than one ~.~rRece' d
the Citv Council oasses the Ordinance aoorovino it. the;,~bt6r Ive
NOV 1 3 200!~
Planner: BJ
13
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shall mail a notice ofthe annexation to the Lane Countv Clerk not
sooner than 120 davsand not later than 90 davs orior to the
effective date of the annexation, '
1 5.7-155 Withdrawal from Special Districts
- A. Withdrawal from soecial districts mav occur concurrentlv with the
aooroved 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 [Ul3on receipt of the
LCLGBC aclio~ :;:-;:-7Jing the .lI,nnexati:~: ::~~E~ !~E :lffcctive Gale of
the Annexation). ,
B. Withdrawal from soecial districts orocessed seoarate from the orocess
annexing the territory to the Citv reouires a Public Hearino with notice as
reouired in Section 5,7-130.'
, C. Criteria. In determinino whether to withdraw the territory, the Citv Council
shall determine whether the withdrawal is in the best interest ofthe'Citv,
D.
Effective Date, The effective date of the withdrawal shall be as soecified
in ORS 222.465.
Notice of Withdrawal', Notice will b~ orovided in the same manner as
soecified in Section 5.7-150,
E.
1 5.7-160 Appeals
Appeals of the City Council decision shall' be to thJ Land Use Board of Appeals, as
specified in Section 5,1-140G.
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14
Date Receiv03d
NOV 1 3 200.7'
Planner: ~J
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Section 5.12-100 Land Divisions - Partitions and Subdivisions
15.12-120 Tentative Plan Submittal Reauirements
A Tentative Plan application shall contain the 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 of the 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
transportation/fire access issues within 200 feet of the proposed
land division and all existing 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 arid 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 ofLane 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 [~rl:lanizable area] urban crowth boundary and,can be
serviced by sanitary sewer and water.
15.12-130 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
('''0.1"1 vlt'''lr.s,~allb~~atisfied prior to Plat approval. Approval conditions may include, b,w.. are not
,'~, d, 'Iimited'to,lt " uate Received
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NOV 1 3 200:7J
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P. ' In the case of a Partition of property that is outside of the city limits but
within the City's [llfi:l2~;:::'Jle area] urban orowth boundary and no
concurrent annexation application is submitted, [Annexation Agreement]
Consent to Annex forms shalrbe signed and recorded by the property
owner prior to recording the Partition Plat.
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Date Received
NOV 1 3 2001:
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Section 5.23-100 Extraterritorial Extension of Water and Sewer
Service
L 5.23-105 PUrDose
A. These reoulations oovern the aoo;-oval of reouests for the extension of
water service or sewer service outside of the citv limits or extensions that
00 bevond the citv limits and urban orowth boundary to reach orooertv
within the city limits, These regulations are intended to accomolish the
orderly develooment of land within the communitv, ensure the adeouate
,orovision of oublic facilities and services"orotect the oublic health and
safetv of the communitv and enable develooment to occur consistent with
aoolicable orovisions of the Metro Plan.
B. The Citv shall not extend water or sanitarvsewer service outside the citv
limits, unless a health hazard, as defined in ORS 222,840 et sea is
determined to exist. Annexation of the territorv so served is reouired if
the territory is within the urban orowth boundarv and is contiouous to the
citv limits. An alternative to annexation, if agreed to bv the Citv and the
owners of the affected orooertv, mav occur in the olace of annexation,
The Citv mav extend water or sanitary sewer outside the citv limits or
urban orowth boundary to orovide these services to orooerties within the
, citv limits. '
C. Extraterritorial Service/Facilitv Contracts between a orooertv owner and
the Citv shall be initiated at'the sole discretion of the Citv Council. The
provisions of this contract shall be as directed bv the Citv Council in
reSDonse to the circumstances and conditions within the affected
territorv which are causative of the reauestforextraterritorial
service.
L 5.23-11 0 ADDlicabilitv
1
These reoulations aoolv to aoolications reouestino the extension and/or connection of
water service or sewer service outside of the citv limits and within the urban orowth
boundary.
LS.23-115 Review
Extraterritorial extension of water or sewer service aoolications are reviewed under Tvoe
IV orocedures, '
L 5.23-120 ADDlication Submittal
In addition to the orovisions soecified in Section 5.4-105, an extraterritorial extension of
water or ~~"1'~r service a.QQligltion shall include the followino:
: '!~Vf~Y}9~:~ ~A~:<:~ A list of all tax lots orooosed to be served, includino street add~eCel'Ved
,.J' . orooertv owner names:
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Planner: BJ
B. A leoal descriotion of the orooertv to be served:,
C. A sioned Consent to Annex'form for the orooertv orooosed to be served:
D. A mao drawn to scale showinG the orooosed extension of sanitary and/or
water lines to include the orooosed number of service connections and
their sizes and locations: and
E. A written narrative addressino the orooosal's consistencv with the
aooroval criteria in Section 5,23-125.
F. A fee as established bv Council Resolution,
L 5.23-125 eriteria
The Director shall forward a ,written recommendation on the orooosed aoolication
for extra- territorial extension of sewer or water service to the Citv Council based
on the aooroval criteria soeCified in A-G of this Section:
A. The orooertv orooosedfor service is located within the citv's urban orowth
boundary;
B. Annexation of the orooertv orooosed to be served is currentlv not oossible
due to the inabilitv to meet the criteria for annexation soecified in Section
5,7-140:
C.
D.
E.
F.
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Theorooertv orooosed for service is not vacant
The orovision of service will not orolono uses which are nonconforrnino
uses as soecified in Section 5,8-100:
In the case of an aoolication for extension of water service. the orooertv
to be served is connected with an aooroved means of sewaoe disoosal:
The orooosed extension is consistent with adooted resolutions, policies,
olans and oroinances concernino extraterritorial extensions: and
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 ~nc:f (h~ ~xtension
is the onlv oractical remedv as soecified in ORS 222,840 et sea:,
or
2.
To orooertv within a dissolved water district within which the'
Sorinofield Utilitv Board is orovidino service to some orooerties,
18
Date Receivecl
NOV 1 3 lOOJ":
Planner: BJ
CH'APTER 6
DEFINITIONS
[I,,,'..,...,,.]tien Agreement. A '....ritten agreer~'1ent betw::r. th: ':ity and owners of land
rcJl:1uestin!j annexatil3'~ t~::t stzt3S-tRs ~(':-:, -::onditions and obligations of the parties to I
mitigate fiscal and service impacts to th: ~;~; associated 'l..itt: tt:s 2:1nexation and fut~r.e
de\lelepment z~ ~~:: flmperty, H:s 2;Jreement rr.::/ ~: used to ens~r.e annexation
censistent with the Metm Plan,]
19
Date Received
NOV 1 3 20~lJ
Planner: BJ