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HomeMy WebLinkAboutMiscellaneous PLANNER 11/13/2007 (2) , .' b'/l~~/,,,, ~\l7~ 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 , 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, ~ ./ L Date Received NOV , 3 2001) ~ ~ 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 '-.j. 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 .. ~. 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 /--"" [.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