HomeMy WebLinkAboutNotice DLCD 12/10/2007
o In person 0 electl'onic 0 maiied
52
DLCD
Notice of Adoption
THIS FORM MUST BE MAlLEI! TO DLCD
, \\- . . om' 5_ WORKING DAYS AFfER THE FINAL DECISION
,PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18
. for DLe!) Us..:: Olll~'
"
Jurisdictian: City .of Springfield Lacal file number: LRP2007-00026
Date .of Adaptian: 12/3/2007 Date Mailed: 12/10/2007
Was a Natice .of Propased Amendment (Farm 1) mailed ta DLCD? YesDate: 9/26/2007
o Camprehensive Plan Text Amendment 0 Camprehensive Plan Map Amendment
cgJ Land Use Regulatian Amendment 0 Zaning Map Amendment
. 0 New Land Use Regulatian 0 Other:
Senate House Bill 417 abolished the Lane County Local Government Boundary Commission; the City is
amending the Springfield Development Code, section 3.3-800 Urbanizable Fringe Overlay Section 5.140 Type
IV Procedures, Section 5.7-100 Annexations. and Section 6.1-110 Meaning of Specific Words and Terms to
implement the provisions of ORS, 222 for annexation requests filed with the City of Springfield after January
1,2008.
Summarize the adapted amendment 0.0 nat use technical terms. 0.0 nat write "See Attached".
. Daes the Adaptian differ fram prapasal? Yes, Please explain belaw:
The original proposal simply eluded to ORS.222 and two requirements of SB 417; This adopted Ordinance
contains all the requirements and procedures for City Council Approval of annecxations
Plan Map Changed fram:
Zane Map Changed fram:
Lacatian:
Specify Density: Previaus:
Applicable statewide planning gaals:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
D~DDDDDD~~~DDDDDDDD
Was an Exceptian Adapted? 0 YES cgJ NO
Did DLCD receive a Natice .of Prapased Amendment...
45-days priar ta first evidentiary hearing?
If na, da the statewide planning gaals apply?
If na, did Emergency Circumstances require immediate adaptian?
ta:
ta:
Acres Invalved:
New:
cgJ Yes 0 No
O t ;J Yes '. g!l'O
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Planner: BJ
OLeo file No. Of I, 01
Please list all affected State or Federal Agencies, Local Governments or Special Districts:
P~one: (541) 726-3774 Extension:
I
Fax Number: 541-726-3689
E-'mail Address: gmott@ci.springfield.or.us
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ADOPTION SUBMITTAL!REQUIREMENTS
This form must be mailed to DLCD within 5 workinl! days after the rmal decision
per ORS 197.610, OAR Chapter 660 - Division 18.
Local Contact: Gregory Mott
Address: 225 Fifth Street
CitY: Springfield
Zip: 97477
1.
Send this Form and TWO Comnlete Conies (documents and mans' of the Adonted Amendment to:
I
,
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT,
635 CAPITOL STREET NE, SUITE 150
,
SALEM, OREGON 97301-2540
Electronic Submittals: At least one hard copy must bel sent by mail or in person, but you may also sub: nit
an electronic copy, by either email or FTP. You may tonnect to this address to FTP proposals and
,
adoptions: webserver.1cd,state.or.us. To obtain our l!semame and password for FfP, call Mara Ullm at'
503-373-0050 extension 238, or by emailingmara.ulloa@state.or.us.
Please Note: Adopted materials must be s~nt to DLCDi not later than FIVE (5) working days
following the date of the fmal decision on the amendment.
2.
3.
4,
Submittal of this Notice of Adoption must include the text of the amendment plus adopted fmdings
and supplementary information.
5.
The deadline to appeal will not be extended if you submit this notice of adoption within five working
days of the final decision_ Appeals to LUBA may be filed within TWENTY-ONE (21) days of the mte,
the Notice of Adoption is sent to DLCD.
6.
In addition to sending the Notice of Adoption to DLCD, you must notify persons who
participated in the local hearing and requested notice of the final decision.
7. Need More Copies? You can now access these forms online at http://www.1cd.state.or.us/. Please
print on 8-l/2xll !!reen DaDer onlv. You may also call the DLCD Office at (503) 373-0050; or Fax
your request to: (503) 378-5518; or Email yourrequesttomara.ulloa@state.or.us - ATTENTION:
.!r,~~.~J~D;~;Nr SPECIALIST. Date Received
~, I
,c' . . ": LH' , I) ,1ro:t-,
http://www.lcd,si~te.or.usfLCD/forms.shtml'''' ! . LUpwued November 27, 2006
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ORDINANCE NO, 6212
(General)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE TABLE OF CONTENTS
PAGE, SECTIONS 5.7-100 AND 5.23-100; CHAPTER 3 LAND USE DISTRICTS, SECTION 3.3-825;
CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, SECTION 5.1-140;
Table 5.4-1; SECTIONS 5.7-105 THROUGH 5.7-165; SECTION 5.12-130; AND CHAPTER 6
DEFINITIONS, DELETING THE TERM ANNEXATION AGREEMENT; ADOPTING A SEVERABILITY
CLAUSE; AND DECLARIN,GAN EMERGENCY. ,
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS; the reformatted Springfield Development.Code(SDC) was adopted by the
Springfield Common Council on September 17,2007, and previous.amendments thereto were
subsequently adopted by Ordinance; and
WHEREAS, by enactment of Senate BillA 17 by the 2007 Oregon legislature, the Lane County
Local Government Boundary Commission (LCLGBC) ceases to exist on July 1, 2008 and annexation to
the City becomes.the jurisdiction of the City; and . .
WHEREAS, Senate Bill 41,7 amends most of ORS 199 (Local Government Boundary
Commissions) and shifts the annexation laws'now applicable to the City. to ORS 222 (Boundary Changes;
Mergers and. Consolidations); and, -
WHEREAS, the sunset date for the LCLGBC and its.staff is June 30, 2008, but the LCLGBC will
not process any applications submitted after Dec~mber 31,.2007; arid. '
and
WHEREAS, SDC Section 5.6-100 sets forth procedures for the amendment of this document;
WHEREAS, on November 20,2007, the Springfield Planning Commission held a work session
and conducted a public hearing on this SDC amendmentapplication (Case Number LRP 2007-00027)
voting 7 to 0 to recommend. approval of the proposed Ordinance to the Common Council based upon
findings In sUllport of adoption of these SDC amendments as set forth in the Staff Report and the .
Recommendation,to the Council incorporated herein by reference; and
WHEREAS, on December 3, 2007, the Springfield Common Council held a work session and
conducted a,public hearing and is 'now ready to take action on this application based upon findings in
support of adoption of these SDC amendments as set forth in the aforementioned Staff Report to 'the
Council incorporated herein by reference and the evidence and testimony already in the record'as well as
the evidence and testimony presented aUhis public hearing held in the matter of adopting this Ordinance
amending the SDC.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: The Table of Contents Chapter 5 The Development Review Process and
Applications for. Section 5.7~100 is hereby,amended as follows:
"5;7-100
5,7-105
5.7-110
5.7-113
5,7-115
, ,57-120
,(]to\fll---'57n?5'
" _,?'7-130
" 30l?F'j135 I:!'
ANNEXATIONS
Pu rpose
Applicability'
Definitions
Review
~ ;Development Issues Meeting
! ~,'An~exation Initiation and Application Submittal
Notice '
Recommendation to City Council
"
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Date Re9-~iv,ed
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5.7-140
5,7-145.
5:7-150
5.7-155
5.7-160
5.7-165
Criteria i'
City Council Decision i
Z ' I
onlng . I
Effective Date and Notice of Approved Annexation
Withdrawal from Special Service DistrIcts I
Appeals"
i
SECTION 2: CHAPTER 3,LAND USE DISTRICTS, Section 3.3-825 Additional Provisions,
, , '
Subsections A. and E. are hereby amended as follows:
"A, The City shall not extend wat~r orsanita~ sew~r service outside the city limiis, unless a
, health hazard, as defined in ORS222.840 et seq.is determined to exist. Annexation of
the affectedterritory so served is required if the territory is within the urban growth
boundary and is contiguous to the city limits. '. '
The City may extend wateror sanitary seLer outside the city limits or urban growth
boundarY to provide these services to prbperties within the city,limits. As provided in
ORS 222,840 et seq, the City and a majDHty of the electors Df the affected territory:may
agree to an alternative to annexatiDn tD mitigate the health hazard, including
extraterritorial extensiDn'of services withD'ut annexation.
CDnnectiDn tD the sanita~ sew~r system. I Any prDperty to be partitioned t~~t is within the
distances specified in OAR 340-071-0160(4)(A) for connection to the City's sanitary'
sewer system shall requireannexatiDn tD :the City prior tD Partition Tentative Plan
submittal, unless the Director determines that a topographic or man-made feature makes
the connectiDn physically impractical. In the event of such determinaiion, the Partition
application may be approved without annexation." .
'SECTION 3: CHAPTER 5 The Developm~nt RLiew Process and Applications, Section 5,1-
140 Type IV Review Procedure (Legislative), Subsection F. is hereby amended as follows: '
"F. The City Council's decisiDn is the CitY'Sfi~aldecision 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 theleffective 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 Dwner, those
persons who submitted written Dr oral tesiimony, 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 Land1Conservation and Development as specified in
OAR 660"18-0040.
"E.
, Accessory Dwelling Unit
, 1> . ., ~ .
'(}9iflf:'':-T,-,~~gf"~i'12JPrvelopment Code Text .
, '-'Amendment'of Refinement Plan Text or Diagram
.\ .
, ilr,(AnnexatiDn
. vv)~ II.C .I:JU
EXCEPTION: For Metro Plan amendments that require adDption by the City, 'Eugene
and/Dr Lane County, the City Council decision is final only upon concurrence of the Lane
CDunty Commissioners and the City of Eugene City Council, as appropriate:"
, i
SECTION 4: CHAPTER 5 The Development Rl1view Process and Applications, Table 5.4-1
Development Applications is hereby amended as.follows: '
I
"Table 5.4-1 Developmeht Applications
lu " ""
'[)elZ,fsion
'" ,cyp,
,Type I
Type IV
Type IV
Type IV
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Dafd:1!eceivel j
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ORDINANCE NO. 6212
Appeal of a Type II Director's Decision
Appeal of Type III Decision to City Council '
Appeal of an Expedited Land Division
Conceptual Development Plan
Conceptual DevelopmentPlan Amendment
Demolition of Historic Landmark
Determination of Non-Conforming Use Status
Development Issues Meeting
, Discretionary Use
Drinking Water Protection Overlay District
Developme~t .
Establishment of Historic Landmark Inventory
Expansion/Modification of a Non-Conforming
Use
Expedited Land Division
Extraterritorial Extension. of Water or Se":(er
Service
Type III
Type IV
Type III
Type III
Type III
Type III
Type I
Type I
Type III.
Type I
5.3-100
5.3-100
5.3-125
Applicable Section
Applicable Section
3.3-900
5.8-100
. 5.1-100
5.9-~00
3.3-200
3.3-900
5.8-100
5"1-145
3.3-825"
Type III
Type II
Type II .
Type IV _
, ,
SECTION 5: CHAPTER 5 The Development Review Process and' Applications, Section 5.7-
105 Purp,ose, is hereby amended as follows: ' ,
I "5.7-105 Purpose
- . '
A. Clearly define the process for the review of proposals to annex territory to the- City;
~ , , .
B. Provide a process for the subsequent withdrawal of territory from special service districts;
~d . ,
Co, Provide a process for City approval o/annexations to certain special. districts, including
but not limited to: the,Lane County Metropolitan Wastewater District; and the Willamalane
Park and Recreation District."
SECTION 6: CHAPTER 5 The Development Review Process and Applications, Section 5.7-
110 Applicability, is hereby amended as follows:
I "5.7-110 Applicability
A. These regulations apply to annexation applications as specified in S~ction 5.7-125 and
B, Other annexation proposals permitted by ORS 222 shall be processed as provided in
, ORS 222,"
,
SECTION 7: CHAPTER 5 The Development Review Process and Applications, Section 5.7-
113 Definitions, is hereby added as follows: .- "
'. I "5.7-113 Definitions
The following definitions are specific to this Section:
".
Affected City. 'A City, City-County or Cities: named in 'a petition, for which a"boundary change is
,~ .j\":' ,y at pr9~~~~'pr a City, City-County, or Cities, na,med in an ordinance or orderOfor Wh~c~ bound~ry d
: !\.,!kkI..J,'"rchangellsordered . ' , . ate l1ecelve
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ORDIN~CE NO. 6212
Affected County, Each county that contains any territory for which a boundary change is
proposed or' ordered.
Affected District. Each special district named in a petition'that contains or would contain
territory for which a boundary change is proposed or ordered. Affected district also means a
. district or districts, named in a petition, for which a boundary change is proposed or ordered.
Affected Territory. Territory described in a petition. Affected territory also means an area within
'the urban growth boundary of a City that is otherv.{ise eligible for annexation to a City where there
,exists an actual or alleged danger to public health'as defined in ORS 222. '
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Annexation. The attachment or addition of territory to, or inclusion of territory in, an existing City
, or district. , . , -I ' "
Annexation Agreement, A written agreement between the City and owners of land requesting
annexation that states the terms, conditions and obligations of the parties to mitigate fiscal and
, service impacts to the City associated with the annexation and future development of the
property. The agreement may be used to ensure 'annexation consistent with the Metro Plan.
Annexation Contract; A contract between a Cit) and a landowner relating to extraterritorial
'provision' 6fservice and consent to eventual annexation of property of the landowner. The
contract shall be recorded and shall be binding on all successors with an interest in' that property,
. ' ,
I
Boundary Change, An action by the City Council duly authorized by ORS 222 tliat results in the
adjustment of the city limits or the boundary of a public service district. '
'I '
Cadastral Map. A map prepared. by the Lane Co~nty Assessor's office showing bearings and
distances and the boundaries' of parcels, lots and tracts of land.
I
Consent to Annex. Forms provided by the affected City that must be included with certain
annexation and extraterritorial extension applications which include the signature of the owner of
part or all of the affected territory, and electors, if any, as applicable, '
Contiguous. Territory that abuts the city limits at!any point along the property's exterior
boundary or separated from the city limits by a public right-of-way or a stream, bay, lake, or other
body of water, ' I.'
Effective Date ~f Annexati~n. The,effective dat~ of the boundary changed as prescribed in'
ORS 222.040,222.180 or 222.465, :
Elector. An active registered voter at.an address within the affected territory. .
Extraterritorial Connection of Service. The connection of water or sanitary sewer service to
developed property located outside the city limits and within the urban growth boundary.
Extraterritorial Extension of a Facility. The extension of a water or sanitary sewer line outside
the city lilJlits and within the urban growth bounda~.
Extraterritorial Service/Facility Contract. A contract between the owner of property proposed
to be served and the City specifying and identifying service provisions, obligations of !he City and
cost obligations of the owner of the affected territory. The decision to enter into such a contract
shall be initiated at the sole. discretion of the City C,ouncil.
~ x~.~\;i_);~>-:~}llin~~H~t:;.submittal of materials to infiiatea b'oundary change process. Date Repeiv.ed
>";" (_;.; -Initiatiiiin..j~thod. Any of the following descriptiors of participants and docume~i9f1J. Ui2_(j[5\-'
, !lOOS L necessary for commencement of City' annexation process: . - _.-
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ORDTNANr.E NO_ h?l?
A, All of the owners of land in the territory proposed to be annexed,'and' not less than 50
percent of the electors, if any, residing in the territory proposed to be annexed, have
consented'in writing to the annexation and file a statement of their consent to annexation
with the City;
B. More than half of the owners of land in the terfltory proposed for annexation who also
own more than half of the land in the contiguous territory and of real 'property therein
representing more than half of the assessed value of all real property in the contiguous
territory consent in writing to the 'annexation and file a statement of their consent to
annexation with the City; .
C. A majority ofthe electors registered in,the territory proposed to be annexed and owners
of more than half of the land in that territorY consent in writing to the armexation and file a
statement of their consent to annexation with the City;
D. The City Council may, without any vote or any consent by the owners: annex territory
within the urban growth boundary if it is found that a danger to public health exists within
that territory and that such condition can be removed or alleviated by sanitary, water or
other facilities ordinarily provided by incorporated cities; or
E, The City Council may, by resolution, initiate annexation of public right-of-way or other
public land contiguous to the city limits. .
Legal Description. As defined in ORS308.225(2).
Notice. An ordinance, resolution, order, or other similar matter providing notice authorized or
required to be published, posted, or mai,led.
Owner. The legal owner of record according to the latest available Lane County Tax assessment
roll or, where there is an existing recorded land contract that ;s in force, the purchaser thereunder.
If there is a multiple ownership in a parcel of land, each consenting owner is counted as a fraction
to the same extent as the interest of the other owners and the same fraction is applied to the.
parcel's land mass and assessed value for purposes of the consent petition, If a corporation
owns land in the affected territory, the corporation must be considered the individual owner of that
,land,
Petition. Any document such as signature sheets, resolutio~s, orders, or art'icles of
incorporation, required for initiating an annexation, withdrawal, or provision of extraterritorial
services. In the case of a petition initiated by property owners, the person signing on behalf of a
corporation or business.must provide evidence showing that person is authorized to sign legal
documents for the firm.
Proceeding. A proceeding to considera boundary change.
Proposal. Th'e set of documents required to initiate proceedings for a boundary change,
Special seniice District. Any of the districts identified in ORS 198.
"
I "5.7-115 Review
Annexation applications areTeviewed under Type IV procedure, without Planning Commission
consideration.
EXCEPTION: A single lot/parcel adjacent to the city limits and city services and not dividable by
Partitio~ or Subdivision may be annexed by the CitY .Council w)thouta public hearing."
SECTION 9: CHAPTER 5 The Development Review Process and Applications, Section 5.7-
120 Development Issues Meeting', is hereby amended as follows:
I "5.7-120 Development Issues Meeting
1
The applicant shall schedule a Development Issues Meeting prior to filing ,an annexation application
where staff will inform the applicant of the annexation appi'ication submittal requirements and procedures
specified in this Section, unless waived by the Director." I ' '
" I.
SECTION 10: CHAPTER 5 The Development Review Process and Applications, Section
5.7-125 Annexation Initiation and Application Submittal, is hereby amended as follows: .
, [
I "5.7.125 Annexation Initiation and Application Submittal
I
I
An annexation application may be initiated by City Council resolution, or by written
consents from electors and/qr property owners'as provided below.
In addition to the provisions specified in Skction 5.4-105, an annexation application shall
include the following: I
1. A list of all owners, including partiki holders of owner interest, within the affected
territory, indicating for each owner: . ,
a, The affected tax lots, inCI~ding the township, section and range numbers;
. I
! '
The street or site addresses within the affected territory as shown in the
Lane County Regional Land Information Database system (RUD);
. ,
A.
B.
b.
c, A list of all eligible eleclor~ registered at an address within the affected
territory; and
d. Signed petitions, as may be required,
2. Written consents on City approved petition forms that are:
a. Completed and signed, in accordance with ORS 222.125, by;
i. All of the owners within the affected territory; and
b,
Not less than 50 percent of the eligible electors, if any, registered
within the affected territory; or .
Completed and signed, in!accordance with ORS 222.0aij} Received
" - ._- -,
More than half the owners of land in the territory, w8~JjlsbQ,~
,more than half the land in the contiguous territory and of real "..
property therein representing more than half tpn~l1n SIr.' B j
i.
ii.
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ORDINANCE NO. 6212
of all real property in the contiguous territory (ORS 222'170(1));
or
,
ii. A majority of the electors registered in the territory proposed to
be annexed and a majority of the owners olmore than half the
land (ORS 222.170(2). .'
iii. Publicly owned rights-of-way may be added ,to annexations
initiated' by these two methods without any consents;
3. A City Council resolution to initiate a boundary change, including but not limited
to, publicly owned rights-of-way.
, 4. In Ii~u of a petition form 'described in Subsection 2 above, ari owner's consent
may be indicated on a previously executed Consent to Annex form that has not
yet expired as specified in ORS 222.173 or previously executed Annexation
Agreement consenting to the annexation of territory.
5. Verification of Property Owners form signed by the Lane County Department ot'
Assessment and Taxation. '
, , ,
6. A Certificate of Electorsform signed by the Lane County EI~ctionsNoter
Registration Department. .'
7. An ORS 197,352 waiver form signed by each owner within affected the territory.
8. A waive! form signed by,each owner within the affected teiritory as allowed by
ORS 222.173. '
9: , A legal description of the affected territory proposed for annexation consistent
with ORS 308.225 that will include contiguous or adjacent right-of-way to ensure
contiguity as required by ORS 222.111. .
, , .'
10.' A Lane County Assessor's Cadastral Map to scale highlighting the affected
territory and its relationship to the city limits.
11, A list of the districts providing services to the affected territory.
. .
A public/private utility plan describing how\he proposed affebed territory can be
served by a full/minimum level of key' urban facilities and services,
13. A sig'ned Annexation Agreem~nt, if required by the Director, 'to resolye fiscal
impacts upon the City caused by the proposed annexation. The Annexation
Agreement shall address, at a minimum, connection to and extension of public
facilities,and services. Connection to public facilities and services shall be at the
discretion of the City, unless otherwise required by ORS. Where public facilities
and services are available and can be extended, the applicant shall be required
to do so.
12.
14. A written narrative addressing the proposal's consistency with the approval
criteria specified in Section 5.7"140.
-" """"15. A fee as established by Council Resolution."
hBi/i~K$~^~~1.9N:.Ji~T CH~PTER 5 The Development Review Process and Agate,.B.~G~J~ed
.,~I,,~~o.N.9t~ce:~lslierebY amended as follows: DEe 10 fZ.Dt)f;
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ORDINANCE NO. 6212
I "5.7-130 Notice
A.
Notice requirements for annexations shall be as specified below:
Mailed Notice. Notice of the annexation application shall be mailed at least 14 days prior
to the public hearing date to:
The applicant, property owner anp electors in the affected territory;
I
Owners and occupants of properties located within 300 feet of the perimeter of
the affected territory; .! '
The neighborhood group or com~unity organization officially recognized by the
City that includes the affected territory;
Affected special districts and all dther pUbli~ utility providers; and
I
Lane County Land Management Division, Lane County Elections, and the Lane
County Board of commissioners.!. . , . " ,..
Newspaper Notice. Notice of the public hearing atwhlch an annexation application will
,
be considered shall be published in a.local newspaper with general circulation once each
week for two successive weeks prior to th'e hearing date; and '
Posted Notice. Notice of the public heari~g at which an annexation application will be
considered shall be posted in four public places in the City for two successive weeks prior
to the hearing date. . I ' '
Notice Contents. Notice of the public hearing at which an annexation application will be
considered shall include:
1. .
2.
3.
4.
5
B.
C,
D,
1.
The Lane County Tax Assessor's map and tax lot numbers, street addresses or
other easily understood geographical references of the affected territory;
A statement that the Director's re~ommendaiion will be available seven days
prior to the public hearing; and I
,
The date, time and place the CitiCouncil will hold a public hearing to consider
the annexation application." :
, '
2,
3,
SECTION 12: CHAPTER 5 The Development Review Process and Applications, Section
5.7-135 Fiscallmpact and Annexation Agreement, is hereby amended as follows:
I "5,7-135. Recommendation to City Council
. The Director shall forWard a written recommendation on thle annexation application to the City Council
based on the approval criteria specified in Section 5.7~140.." .
- SECTION 13: CHAPTER 5 The Development Review Process and Applications, Section
5.7-140 Criteria, is hereby amended as follows: I _ ,
I "5.7-140 Criteria I
i";;c,'~~~hh'~1Z\0ii11[~[~tion may be approved only if the City Council finds th~t th~atel ~lved
following criteria: ,- ,
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Planner: BJ
ORDINANCE NO. 6212
A, The affected territory proposed to bee annexed is within ,the City's urban growth boundary,
and is;
.1. Contiguous to the city lii[1its; or
2, Separated from the City only by a public right-of-way or a stream, lake or other
,. ,
body of water.
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinement plans or Plan Districts;
C. The proposed annexation will result in a boundary in which the minimum level of key
urban facilities and services, as defined in the Metro Plan, can be provided in an orderly,
efficient, and timely manner; and
. . - .,
D. Where applicable, 'fiscal impacts to th'e City have been mhigated through an Annexation
Agreement or other mechanism approved by the City Council."
SECTION 14: CHAPTER 5 The Development Review Process and Applications, Section
5.7-145 Submittal of the Council's Resolution tothe LCLGBC, is hereby amended as follows:
I "5,7-145 City Council Decision
City Council approval of annexation applications shall be by Ordinance."
SECTION 15:.CHAPTER 5 The Development Review Process and Applications, Section
5.7:150 Zoning, is hereby amended as follows:
I "5:7-150 Zoning
Currently, all unincorporated land within the City's urban growth boundary is zoned in compliance with the
zoning districts listed in this Code and is'designated in compliance with the Metro Plan. Unincor'pcirated
land w.ithin the urban growth.bou_nqary is disting~ished 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 City Councii:
A, The UF-10 Overiay Districtdesignation 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,
I .
,
C, The Director will not deem an application complete for a zoning map amendment until the
annexation has been approved by the City Council and becomes effective: as that term is
described in Section 5.7:113," ,
, SECTION 16: CHAPTER 5 The Development Review Process and Applications, Section
5.7-155 Notification of Utilities, is hereby ame'nded as follows: "
I "5.7-155 Effective Date and Notice of Approved Annexation
A. The effective date of an approved annexation shall be set in acc~nie wiIl\ORS. d
_. 222.040, 222.180 or 222465. . Uale neCelVe
; ,qiiit.v"t' C' ~.,.n . '. :- l
' -, -_:~~{:'8!;d7;ttB",';:!Jf.N9tice of Approved Annexation. DEe 1 O"ltm-
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9
Planner: BJ
ORDINANCE NO. 6212
1. Not later than 10 working days after the passage of an Ordinance approving an
annexation, the Director shall:
a. Send by certified mail a notice to public utilities (as defined in ORS
757.005), electric cooperativ,es and telecommunications carriers (as
defined in ORS 133.721) operating within the City; and
b. Mail a notice of the annexation to the Secretary of State, Department of
Revenue, Lane County Clerk, Lane County Assessor, affected districts,
and owners and electors in the affected territory. The notice shall
include: '
i.
A copy of the Ordin~nce approving the annexation;
A legal description and map of the annexed territory;
ii.
iii.
,
The findings; and
iv.
~' .
Each site address to be annexed as recorded on Lane County
assessment and taxation rolls or found in RLlD.
. ,
c. The notice to the Secretary of State will also include copies of the
petitions signed by electors and/or owners of the affected territory as'
required in Section 5:7-125.
2. If the effective date of an annexation is more than one, year after the City Council
passes the Ordinance approving i,t, the Director shall mail a notice of the
annexation to the Lane County Clerk not sooner than 120 days and not later than
90 days prior to the effective date!of the annexation:" .
I, ,
. SECTION 17: CHAPTER 5 The Development Review Process and Applications, Section
5.7-160 Withdrawal from Special Service Districts, is h~reby amended as follows:
. 'I .
I "5.7-160 Withdrawal from Special Service Districts '! ~
"A. Withdrawal from special districts may occt concurrently with the approved 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.
With'drawal from special districts process~d separate from the process annexing the
territory to the City requires a Public Hearing with notice as required in Section 5.7-130.
B.
C.
Criteria, In determining whether to withdr~w the territory, the City Council shall determine
whether the withdrawal is in the best interest of the City.
. t
Effective Date. The effecti~e date of the lithd;awal sh~lI.be as specified in ORS
222.465,
D.
Notice of Withdrawal. Notice will be provided in the same manner as specified in Section
5.7-150." i .
ijt)\fj";n~~F~ ~tA,fl 'i. ' ,-
-.h_ ~, ~:\~. "SECTION18: CHAPTER 5 The Development Review Process and APplj,ca~on~AGtiQ((Ve d
'5:7-U165 is hereby added as follows: 'Ua\e nt::\"i\:jL_~
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Planner: BJ
ORDINANCE NO. 6212
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I "5.7-165 Appeals
Appeals of the City Council decision shall be to the Land Use Board of Appeals: as specified in Section
5.1-140G." '
SECTION 19: CHAPTER 5 The Development Review Process and Applications, Section
5.12-130, Tentative Plan Conditions, Subsection P. is hereby amended as follows:
"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'
P. In the case of a Partition of property that is outside of the city limits but within the City's
urban growth boundary and no concurrent annexation application is submitted, Consent
to Annex forms shall be signed and recorded by the property owner prior to recording the ,
Partition Plat."
SECTION 20: CHAPTER 6 Definitions, the term "Annexation Agreement" is hereby'
deleted:
SECTION 21: Severability Clause, If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and individual provision and 'such
holding shall not affect the validity of the remaining portions hereof,
SECTION 22: Declaration of Emergency. It is hereby found and declared that matters
pertaining to this amendment of the Springfield Development Code regarding'Annexations to the
City affect the public health, safety and welfare of the City of Springfield and that this Ordinance
shall, therefore, take effect immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~ against,
this. 3rd day of December ,2007.
APPROVED by the Mayor of the City of Springfield, this 3rd day of December ,2007.
ATTEST:
.~{Y~
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City Reco(1er
r.\Ir.\!~r.\;{FiJ'- ~. f;l}r~i'lO\lE"
I\~:l\,o.."" 0:..1 n i: U
AS, TO FOF.i~ '--
_ '1~~f'>'t"' -l ~\.~
DATE: \:>...1 '-I t"
OmCE OF CITY ATTORNEY
.';'
II
Date 'Received
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DEl 1 O~IZ.N5t-.
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ORDINPfafln\W: BJ
.-..-.
JONES Brenda
From:
Sent:
To:
Cc:
Subject:
Lorelei Kyllonen [LLK@haroldleahy.com]
Thursday, December 06,200710:52 AM
NYSTROM StevenA; MOTT Gregory; CLARK Andy; JEROME Emily N; TAYLOR Paula L
VORHES Stephen L; Amy.Mathews@harrang.com
All:
All:
The Extraterritorial Extension (ET) Meeting has been set for Friday, December 14th 1:30-2:30 at
Emily Jerome's office (Harrang, Long, Gary, .
Rudnick: 360 East 10th, Suite 300, Eugene). Thanks to everyone for helping me get this scheduled.
Much appreciated! Lorelei
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Date Received
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Planner: BJ