HomeMy WebLinkAboutMiscellaneous PLANNER 11/13/2007 (2)
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PROPOSED SDe 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 '
[FiscallR1l'la:~ r: !\nnexatien, Agr.eement] Annexation Procedures
Criteria '
Citv Council Decision
[&:':~;'::' :' the Ce~ncil'& Resel~tien to tRe 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
Aoolication Submittal
Criteria
r.
Date Received
NU v 1 '~ 2001'
,-,
Planner: BJ
ATTACHMENT 3 - 1
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 I'lr.el'lerty,o>::ner obtz:~~ r~eJmtion] a health hazard, as
defined in ORS 222,840-915 is determined to exist. Annexation of the
affected territorv so served is reauired if the territorv is within the urban
arowth boundary and is contiauous to the citv limits,
./
1. The Citv mav extend water or sanitarv sewer outside the citv limits
or urban arowth boundarv to provide these services to orooerties' ,/
within the citv limits, As orovided in ORS 222,840-915.'the Citv V
and a maioritv of the electors of the affected territory mav aaree to
an alternative to annexation to mitiaate the health hazard,
includina 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
222.840-915 shall be orocessed as soecified 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 prior 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 aoolication V
mav be aooroved without annexation, '
Date Received
NOV r3 200}]
Planner: BJ
ATTACHMENT 3 - 2
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Section 5.1-100 The Development Review Process
15.1-140 Type IV Procedure (Legislativel
- 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
cshall also be mailed to the Department of Land Conservation and
Development as specified in OAR 660~ 18-0040.
EXCEPTION: [Fer annexatieRs, the City Ce~nciI secisicF: is finB-! 3Rly
IJl'len c9RGlJrr-eRce of the Lane ~::~~tJ. Lecal Government Be~nsary
GeF--;,.,'oo,] 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'Citv Council, as appropriate,
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L
Date Received
NOV , 3 2001)
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Planner: BJ
ATTACHMENT 3 - 3
Section 5.4-100 Development Applications.'
Table 5.4-1 Development Applications
:~=~~=;~7ot';4PjjIiCiitiOnllli'.ilt~i.~11~~:;~SiOiiiTYPer~'!il'APjjlica6l~1~~~bsectio7iS1l41
I Amendment of Development Code Text
I Amendmentof Refinement Plan Text or Diagram
I Annexation L inclu(jiR~ extraterriterial exteneieRE]
I Appeal of a Type II Director's Decision
I Appeal of Type III Decision t6 City Council
I Appeal of an Expedited Land Division
I Conceptual Development Plan
I Conceptual Development Plan Amendment
I Demolition of Historic Landmark
I Determination of Non-Conforming Use Status
I Development Issues Meetin9
I Discretionary Use ,
I Drinking Water Protection Overtay District Development
I Establishment of Historic Landmark Inventory
L ExpansionIModification of a Non-Conformin9 Use
r Expedited Land Division
I Extraterritorial Extension of Water or Sewer Service
Type IV.
Type IV
Type IV
I Type III
Type IV
I Type III
I Type III
I Type III
I Type III
, Type I
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
NO v 1 3 200,'7"':
l,:)
Planner: BJ
ATTACHMENT 3 - 4
Section 5.7-~00 Annexations
I 5.7-105 Purpose
These regulations:
A. Clearly define the prcicess'for the review of orooosals to annex
J,^.nnexation of] territory to the City;
B. Provide a process for the subseouent withdrawal of territory from special
service districts: and,
C. Provide a orocess for Citvaooroval of annexations to certain soecial
districts, includino but not limited to: the Lane County Metrooolitan
Wastewater District: and the Willamalane Park and Recreation District
I 5.7-110 Applicability
r:~:E ':::lction applies te any .'\nnexatien ef territory te the City that is within the City's
u,",=:'~::::lele area.] \'
A. These reoulations aoolv to annexation aoolications as soecified in Section
, 5.7-125, includino aoolications initiated usino the double and triole ~
maioritv initiatino methods: and
B. Other annexation orooosals oermitted bv ORS 222 shall be'orocessed as
orovided in ORS 222,
I 5.7-113 Definitions
The following definitions are specific to this Section:
Affected City. A dtv, citv-countv'or cities, named in a oetition, for which a
boundary chanoe is orooosed or a city, citv-countv orcities, named in an
ordinance or order, for which a boundary chanoe is ordered,
Affected County. Each countV that contains anv territory for which a boundary
chanQe is prol)l)sed or ordered,
/
Affected District., Each soecial district 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 growth boundary of a citv that is otherwise
elioible for annexation to a citv where there exists an actual or alleoed danoer to
public health as defined in ORS 222. '
ATTACHMENT 3 - 5
Date Received
NOV J 3 2001]
Planner: BJ
Annexation. The attachment or addition of territory to, or inclusion of territorv in.
an existino citv or district.
Annexation Aareement. Awritten aoreement between the Citv and owners of '
land reouestino annexation that states the terms, conditions and oblioations of
the oarties to mitioate fiscal and service imoacts to the Citv associated with the
annexation and future develoomeht of the oroperty. The aoreement mav be yj"
used,to ensure annexation consistent with the Metro Plan, ~/
, Cadastral MaQ. A mao oreoared bv the Lane Countv Assessor's office showino
bearinos and distances and the boundaries of oarcels, lots and tracts of land.
Consent to Annex. Forms orovided bv the affected citv that must he included
with certain annexation and extraterritorial extension aoolications which includes /"
the sionature of the owner or Dart or all of the affected territorv, V
Contiouous. Territorv that abuts the citv limits at anv ooint alono the orooertv's
exterior boundarv or seoarated from thecitv limits bv a oublic rioht-of-wav or a
stream, bav, lake, or other bodv of water.
Double Maioritv. A maioritv of the elioible electors reoistered in the affected
territory and the owners of more than half of the land in the affected territory.
/
Effective Date of Annexation. The effective date of the boundarv"chanoed as /
prescribed in ORS 222,040. ,180 or .465. V
Elector, An individual reoistered to vote at an address within the affected V
territory,
Extraterritorial Connection of Service. The connection of water or sanitary
sewer service to develooed orooertv located outside the citv limits and within the
urban arowth boundary,
Extraterritorial Extension of a Facilitv. The extension of a water or sanitary
sewer line outside, the citv limits and within the urban orowth boundary"~
Extraterritorial Service/Facilitv Contract. A contract between the owner of
orooer:tv orooosed to be served and the Citv soecifvino and identifvin.o service
,orovisions, oblioations of the citv and cost oblioations of the owner of the affected
territory and'shall be initiated at the sole discretion of the Citv Council,
Filino. The submittal of materials to initiate a boundary chanoe orocess,
v
V
Leaal Descriotion. As defined in ORS 308.225(2\.
Notice. An ordinance, resolution,' order, or other similar matter orovidino notice
authorized or reouired to be oublished, oosted, or mailed,
Owner. Theleoal owner of record accordino to the latest available Lane Countv
Tax assessment roll or. where there is a recorded land contract that is in force V
the ourchaser thereunder. If there is a multiole ownershio in a ~eived
NOV 1 3 20afh
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Planner: BJ'
ATTACHMENT 3 - 6
each consentino owher is counted as a fraction to the same extent as the interest
of the other owners and the same fraction is aoolied to the parcel's land mass
and assessed value for ourooses of the consent oetition, If a cO,rqoration owns
land in the affected territorv. the corooration must be considered the individual
, owner ofthat land,
Petition. Anv document such as sionature sheets, resolutions, orders, or articles
of incorooration. reauired for initiatino a boundary chanoe: In the case of,! V
.oetition initiated bv orooertv owners, the oerson sionino on behalf of a
corooration or business must orovide evidence showino that oerson is authorized
to sion leoal documents for the firm,
Proceedina, Aoroceedino to consider a boundary chanoe,
I
Proomial. The set of documents reouired to initiate oroceedinos for a boundary
chanoe,
Saecial Service District. Anv of the districts identified in ORS 198,
, V'
TriDle Maiority: More than half of the owners of the land area, who also own
more than half of the land area reoresentino more than half of the assessed
value in the affected territorv,
, ,
,Urban Growth Boundarv. A sitecsoecific line, delineated on a mao or bv written
description that seoarates urban and urbanizable land from rural lands, that is
Dart of a comorehensive clan
Withdrawal, The detachment disconnection or exclusion ofterritorV from an
existino citv or district.
1 5.7-115 Review
[A,] Annexation applications are reviewed under Type IV procedure, without
Planning Commission consideration,
[2. T~:: !\nnexatien Elf all temtElry +:- ~": City req~ir,c<:~::' :::;tien by the Lane
Ce~nl'J Lecal Gevarnment Be(,lndarj CElmmissien (LCLGB-;:') ::: :pecifiad '
in ORS199,425,]
,I 5.7-120 Development Issues Meetin!l
The applicant shall schedule a Development Issues Meeting prior to filing, an annexation
application where staff will inform ttie 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
[t..
.\nnexatien of territory te the City may ee citizen initiated er initiated ey
the City Ceuncil. '
Date Received
ATTACHMENT ,3 - 7
'NOV 1 3 2001,
Planner: BJ
B. All ARRexatien applicatieRs shall incl~de infll~:?3n te addr::s t~3
appreval criler:: :::-:'>ifie: i~ c;::lctieR 1i.7 140,]
A. An annexation aoolication'mav be initiated bvCitv Council resolution. or
bv written consents from electors and/or orooertv owners as orovided
below,
B. In addition to the orovisions soecified in Section 5.4.105, an annexation
aoolication shall include the followino:,
1. A list of all owners. includino oartial holders of owner interest.
within the affected territory. indicatino for each owner:
a. The affected tax lots. includino the townshio, 'section and
, ranoe numbers:
b. The street or site addresses within the affected territory as
shown in the Lane County Reoional Land Information
'Database svstem (RUD);
C. A list of all eliaible electors reoistered at an address within
the affected territory: and
d. Sioned oetitions, as mav be reouired,
2. Written consents on Citv aooroved oetition forms that are~
a. Comoleted and sioned. in accordance with ORS 222,125,
Qy;
i.
All of the owners within the affected territory : and
Ji
ii.
Not less than 50 oercent of the elioible electors, if
anv, reoistered within the affected territory : or
b. Comoleted andsianed. in accordance with ORS 222.170,
Qy:
i.
A maioritv of the elioible electors reoistered in the
territory orooosed for annexation and the owners of
more than half of the land in the affected territory
and said ownershio represents more than half of
the assessed value of the land comorisino the
affected territory as soecified in ORS 222,170(1\
rTriole Maioritvl: or
v
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 OR~
222.170(2) (Double Maioritv);
\r
Date Received
NOV 1 3 200]]
Planner: BJ
ATTACHMENT 3 - 8
3.
4.
5.
6.
7.
8. .
9.
10.
11.
12.
13.
14.
iii. Publiclv owned riohts-of-wav can be added to
annexations initiated bv these two methods without
anvconsents:
A Citv Council resolution to initiate a boundarv chanoe, includino
but not limited to, oubliclv owned riohts-of wav,
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 oreviouslv executed Annexation Aoreement
consentino to the annexation of territory,
Verification of Prooertv Owners form sioned bv the Lane Countv
Deoartment of Assessment and Taxation,
A Certificate of Electors form sioned bv the Lane County
EleciionsNoter Reoistration Deoartment.
An ORS 197,352 waiver form sioned bv each owner within
affected the territorv,
A waiver formsioned bv each owner within the affected territory
as allowed bv ORS 222,173.
A leoal descriotion of the affected territory orooosedfor
annexation consistent with ORS 308.225 that will include
contipuous or adiacent rioht-of-wav to ensure contiouitv as
recuired bv ORS 222.111,
A Lane Countv Assessor's Cadastral Mao to scale hiohliohtino the
affected territory and its relationshio to the citv limits,
Alist of the districts orovidino services to the affected territory"~
A oubliclorivate utilitv clan describino how the orooosec affected
territory can be served bv a full/minimum level of kev urban
facilities and services,
A sioned Annexation Acreement if reouired bv the Director. to
resolve fiscal imoacts uoon the Citv caused bv the ofooosed
annexation, The Annexation Acreement 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 recuired bv ORS,
Where oublic facilities and services are available and can be
extended, the aoolicant shall be reouired to do so,
A written narrative addressinc the orooosal's consistencv with thp. ,
aooroval criteria soecified in Section 5,7-140. Date Received
NOV 1 3 200''77
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Planner: BJ
ATTACHMENT 3 - 9
15. A fee as established bv Council Resolution.
1 5.7-130 Notice
[Ne'''spap-- -0';-0 _"'_II he FeEl~iFe'" os <,n~ifio'" 'Ir <'-....,-- " .., .."] Not'lce
... .:.. .._..~:_~;.. . _ _ _~.d r. "".:..btt_.. =.~ _ _~.
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:
1. The aoolicant. orooertv owner and electors in the affected
territorv; ,
2. Owners and occuoants of orooerties located within 300 feet of the
,oerimeter of the affected territorv: '
3. The neiohborhood orouo or communitv oroanization officiallv
recoonized bv the Citv that includes the affected territory:,
4. Affected soecial districts and all other oublic utilitv oroviders: and
5 Lane Countv Land Manaoement Division, Lane County 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 oeneral circulation 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 qosted in four oublic olaces in the
Citv for two successive weeks orior 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
addresses or other,easilv understood oeooraohical references of
the affected territory;
,
2. A statement that the Director's recommendation will be available
seven davs orior to the oublic hearino: and
3. The date, time and olace the Citv Council will hold a oublic
hearino to consider the annexation aoolication.
l5.7-135 [Fiseallmpaet and Annexation Agreement] Recommendation to City
,Council ' ,
ATTACHMENT 3 -10
Date Received
,NO V 1 3 20Q1J
Planner: 8J
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[.e..
:~:l Director shall utilize in':~~:~;'3n 5<lllmi~aG-ay t~ll zpplicant to
.. .
determine the fiGsz~ ;~;::-;;t of the pre~e&ed Annexation on the City and
whethertRe appli,:z~t ~z: addr.essed the ap~roval S~:tll~:3::~ ~3Cti::~ =,:
44lH
fe,
Fissz~ :~~3:sts ~zr be reselved by ~sing an !\nnexatien Agreemer.t Tr.3
Annexatien !\greemer.t:~:" ::-:iGfllSS, zt 2: ~:~:~~::1, connectien te and
extension ll~ ~~!a~::: facilities and services, Connectien te ~~I:1"c '::'Jities
z~: Sll~:iGc5 st:z!J. t: Et t~e discretien of the City. Wher: ~~!a';:: facilities
and services ar.e availablean1 ::~ be extended, the appli:::~t :~z~~ ~
reqblired te de se,]
The Director shall forward a written recommendation on the annexation aoolication to
the Citv Council based on the aooroval criteria soecified in Section 5,7-140.
I 5.7-140 Criteria
[The City Ce~nci~ S~Z~~ i~;Jrove, modify or deny any annexation applicati:- ':::::')d ~pon]
An annexation aoolication mav be aooroved onlv if the City Council finds that the orooosal
conforms to the following [approval] criteria:
A. The affected territory proposed to be' annexed is within the City's,
[~rbanizable area] urban orowth boundary, and is;
1. Contiouous to the citv limits: or
2. Seoarated from the Citv onlv bva oublic rioht of wavor a stream,
lake or other bodv of water.
B. [KeyJ.r!a::~ s.:Jrvices and facilities can be previded te the ar-::: ;- :"\
erderly and efficient manner] The orooosed annexation is consistent with
apolicable ooliCies in the Metro Plan and in anv aoolicable refinement
clans or Plan DistriCts:,
C.' [There willee a logical area and time ,within whioR to delivll~~~S3:"\
serviees and faoilities] The oroDosed annexation will result in a 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 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.
I 5,7-143 Citv Council Decision
City Council aoorovill of annexation aoolications shall be bv Ordinance.
I [6.7146 Submittal BUlle CB~AGil's ResBI~tiBA tB tile LCLGBC
I
Date Received
NOV 1 3 lOOjl
d,
ATTACHMENT 3 - 11
Planner: BJ
The City Ce~n:;1 :...~" ~jept BY Resoluti:~ :~~. Annexatien recefRmendatien.[The Directer
shall forward all City I\nnexatien recemmendatiens te the LCLGBc,]
I 5.7-145 Zoning
Currently, all unincorporated land within the City's [~~'::~~;i!:~':''iH!fea] urban orowth
boundary is'zoned in compliance with the zoning districts listed in this Code and is
design,ated in compliance with the Metro Plan, Unincorporated land within,the
[~"':::-;i!:~'::le area] urban orowth boundarv 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:
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 bv theCitv Council.
v
I 5.7-150 [Natifieatian af Utilities] Effective Date and Notice of ADDroved Annexation ~
[The City Recor.aC!~ S~Z~~ pl'/ide notice BY certified mail te all pUBlic ~tility providers
eperating in the City within 10 days ef r.eceipt sf the LcLGBc 3:7.:~ z;3praving the,
Annexatien, The netic!! s~z~~ :;s~tz:~ :Jach site addrer: ~'3 -'Jcer.ae'" 'Y t~:J Lane ce~nty
a&SeSEm:-~ ~~:1 tax ralls, a legal descriptic~, ~ ~~;:: :If the Boundary shange an: Z ES;>y-Gf
the LcLGBC actien,]
A. The effective date of an aooroved annexation shall be set in accordance
with ORS 222.040. 222.180 or 222.465,
S. Notice of Aooroved Annexation,
1. Not later than 10 wbrkino davs after the oassaoe of an Ordinance
aoorovina 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~
ooeratina within the Citv: and
b. Mail a notice of the annexation to the Secretary of State,
Deoartment of Revenue, Lane Countv Cleric LaneCountv
Assessor. affected districts. and owners and electors in the
~ffected territory, The notice shall include:
i. A coov of the Ordinance aoorovino the annexation:
, ii. A Ie.oal descriotion and mao of the anna8te Received
terntorv: '
NOV 1 3 200il
. ,I
ATTACHMENT 3 - 12
Planner: BJ
iii. The,findinos: and
iv. Each site address to be annexed as recorded on
Lane County assessment and taxation rolls or
found in RUD,
c. The notice to the Secretarv of State will also include
cooies of the oetitions sioned bv 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 vear after
the Citv Council oasses the Ordinance aoorovinci it the Director
shall mail a notice of the annexation to the Lane County Clerk not
sooner than 120 davs and not later than 90 davs orior to the
effective date of the annexation,
I 5.7-155 Withdrawal from Special Districts
A. Withdrawal from soecial districts mav occur concurrentlv with the
aoorovedannexation 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 [~pen r.eceipl ef the
LCLGBCactis~ :;:IY"'3'.'ing the Annexation, and aft'2~ ~f:'2 :JffeEtive date sf
the Annexatien].' ,
B. Withdrawal from soecial districts orocessed seoarate from the orocess
annexino the territory to the Citv reouires a Public Hearino with notice as. ./
reouired in Section 5.7-150IB) and IC), V
C. Criteria. In determinino whether to withdraw the territorv, the Citv Council
shall determine whether the withdrawal is in the best interest of the Citv.
D. Effective Date. The effective date of the withdrawal shall be, as soecified /
in ORS 222. V
E. Notice of Withdrawal. Notice will 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,
Ir~
.;." ~,.,
Date Received.
NOV 1 3 20oj)
Planner: BJ
ATTACHMENT 3 - 13
/
Section 5.12-100 Land Divisions - Partitions and Subdivisions
1 5.12-120 Tentative Plan Submittal Requirements
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, I
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 [urbanizable area] urban orowth boundary and can be
se,rviced 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'
ATTACHMENT 3 -14
Date Received
NOV 1 3 2005)
Planner: BJ
P. In the case of a Partition of property that is outside of the city limits but
within the City's [~:-':::~'z3ble area] urban orowth boundary and no
concurrent annexation application is submitted, [Am'lexatienAgreemenl]
Consent to Annex forms shall be signed and recorded by the property
owner prior to recording the Partition Plat. '
I;"
, Date Received
NOV 1 3 zoti]
Planner: BJ
;}
ATTACHMENT 3 -15
Section 5.23-100 Extraterritorial Extension of Water and Sewer
Service
L 5.23-105 Puroose
A. These reoulations oovern the aooroval 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 qrowth boundary to reach orooertv
within the citv limits. These reoulations are intended to accomolish the
orderly develooment of land within the communitv. ensure the adeouate
orovision of oublic facilities' and services, protect the oublic health and
safety of the community and enable develooment to occur consistent with
aoolicable orovisions of the Metro Plan,
B.
The Citv shall not extend water or sanitary sewer service outside the citv
limits, unless a health hazard. as defined in ORS 222.840 - ,915 is
determined to exist. Annexation of the territory so served is reouired if
the territory is within the urban orowth boundary and is contiguous to the
citv limits, An alternative to annexation, if aqreed to bv the City and the
owners ofthe.affected orooertv. mav occur in the olace of annexation,
The'Citv mav extend water or sanitarv,sewer outside the city limits or
urban orowth boundary to orovide these services to orooerties within the
citv limits.
V'
C.
Extraterritorial Service/Facilitv Contracts between a orooerty owner and
the City shall be initiated at the sole discretion of the Citv Council,
~
L 5.23-11 0 Aoolicabilitv
These reoulations aoolv to aoolications reouestinq the extension and/or connection of
water service or sewer service outside of the citv limits and within the urban orowth
, boundary,
L 5.23-115 Review
Extraterritorial extension of water or sewer service aoolications are reviewed under Tvoe
IV orocedures,
L 5.23-120 Aoolication Submittal
Commentary: What about additional submittal requirements from Section 5.7-125?
In addition to the orovisions soecified in Section 5.4-105, an extraterritorial extension of
water or sewer service aoolication shall include the followino:
A. A list of all tax lots orooosed to be served, includino street addresses and
orooertv owner names:
ATTACHMENT 3 - 16
Date Received
NOV 1 3 2001
I~ .r
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 showino 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' addressinq 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 Criteria
The Director shall aoorove, aoorove with conditions, or denv the aoolication based on
comoliance with the followino criteria:
v
A. The orooertv orooosed'for service is located within the citv's urban orowth
boundary;
B. Annexation of the orooertv orooosed to be served is currentlv not possible
due to the inabilitv to meet the criteria for annexation soecified in Section
5,7-140:
C. The' orooertv orooosed for service is not vacant:
D. The orovision of service will not orolono uses which are nonconforrninq
uses as soecified in Section 5,8-100:
E. 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:
F. The orooosed extension is consistent with adooted resolutions. oolicies,
clans and ordinances concernino 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 theonlv oractical remedv as soecified in ORS 222,840 - ,915: or V
2. To orooertv within a dissolved water district within which the
Sorinofield Utilitv Board is orovidino serVice to some orooerties,
Date Received
NOV 1 3 ZOOl';
Planner: BJ
. ATTACHMENT 3 - 17
CHAPTER 6
, DEFINITIONS
[Annexation "'.ur-eemenl ^u'Rtle' '
r.ei,~estJng annex::~;:~ t".,. ~;;;~s t~ at:oemeRt Between the City aRd ~u R f
mllgate fiscal and se~,i~~', - - e erms, cenditiens and ebli ' ./ ers 0 land
develepment ef the pr~pe:p~~ts te the City asseciated with lhgatlens ef the parties te
censlstent with the Met pI' e agreem!!~~ ,..::" be used t ' e annexatlen and fut~re
. re an.] J e ensur.e annexatien '
ATTACHMENT 3 -.18
Dat~ Received
NOV 1 3 2007/
Planner: BJ