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HomeMy WebLinkAboutRecommendation Sheet PLANNER 11/20/2007 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON RECOMMENDATION TO CITY COUNCIL ] FOR THE AMENDMENT OF THE ' ] SPRINGFIELD DEVELOPMENT C.ODE ] CHAPTERS 3 AND 5 TO REPEAL ] PROVISIONS FOR ANNEXATION AND ] REPLACE WITH LANGUAGE CONSISTENT' ] WITH OREGON REviSED STATUTE 222 ] JO. NO. LRP 2007-00026 RECOMMENDATION TO THE CITY COUNCIL PROPOSAL The 2007 Oregon Legislature adopted Senate Bill 417 on May 10, 2007; the Governor signed the law on May 31, 2007; the law was published in Chapter 239 of the 2007 Laws in June, 2007. These actions, abolished the Lane County Local Govemment Boundary Commission (Boundary Commission); extinguished the assessment to cities and Lane County providing the funds for the operation of the Boundary Commission; and , terminated the Boundary Commission staff; The effective date of the law is' January 1, 2008; therefore the 9ty must adopt and implement new annexation laws by tills same January 151 date. Amendments to Chapters 3 and 5 of the Springfield Development Code (SDC) will properly transfer the authority to approve annexations from the Boundary , Commission to the City Council. 1. On September 26, 2007, the City of Springfield notified the Department of Land Conservation and Development of the following SDC amendments implementing SB417: ' Jo. No. LRP 2007-00026 City of Springfield, Applicant - Springfield Development Code Amendments. 2. Pursuant to Section 5.2-115 Notice of the SDC, timely and sufficient notice of two separate public hearings was published on November 12, 2007 in the Register Guard. 3. " The public hearings described above to consider these amendments were held by the Planning Commission on November 20, 2007 and by the City Council on December 3, 2007. The Development Services Elepartment staff notes and recommendation together with the oral testimony and written submittals of the persons testifying at those hearings have been considered and arepirrt of the record of this proceeding. . Date Received NOV 2 u 200J . Plannet: BJ t CONCLUSION On the basis of this record, the proposed SDC amendments are consistent with the criteria, of Section 5.6-115 of the Springfield Development Code. This general fmding is supported by the specific fmdings of fact !I1ld conclusion in Attachment 1, Staff Report and Findings. ' ORDERlRECOMMENDATION It is ORDERED by the Springfield Planning Commission that approval of Jo. No. LRP 2007-00026, be GRANTED and a RECOMMENDATION for approval is forwarded to the Sw/founcil. Playgj;~ssion Chairperson ATTEST AYES: 'i NOES: t;f ABSENT: p: ABSTAIN:f i Date Received NOY 2 u 200:':1! lJ' Planner:BJ ATTACHMENT 1 SEC AMENDMENT STAFFREPORT, FINDINGS AND ORDER APPLICANT City of Springfield ~ J oumal Number LRP 2007-00026 PROPOSAL Amend Chapters 3 and 5 of the Springfield Development Code to repeal existing provisions for annexation and repli,lce with new annexation provisions in conformance with Oregon Revised Statute 222. BACKGROUND . The 2007 Oregon Legislature abolished the Lane County Local Government Boundary Commission and transferred all urban annexation responsibilities to the cities within Lane County and all district annexation responsibilities to the Lane County Board of Commissioners. The law requires cities and the county to assume these responsibilities on January 2, 2008. These proposed amendments will vest the Springfield City Council 'with the authority to initiate, accept, review and approve all annexations to the City of Springfield and all extraterritorial extension of water or sewer service to areas outside the city limits of Springfield. These amendments describe the method of annexation; the submittal requirements; the criteria of approval; the requirement for contracts, consents and agreements; the requirement of a fee; and the notice obligations for public hearings and ' notice of approval. All of the provisions of these amendments are either required by ORS 222, enabled by ORS 222, or a local option in the furtherance of compliance with ORS 222 and the Eugene-Springfield MetropolitanArea General Plan. SPRINGFIELD DEVELOPMENT CODE CRITERIA OF APPROVAL FOR SDC AMENDMENTS (5.6-115): ' Amendments to the Springfield Development Code are based on conformance with the following criteria: (1) The Metro Plan; (2) Applicable State statutes; and (3) Applicable Statewide Pla!illing Goals and Administrative Rules. The proposed amendments are intended to implement the provisions of Senate Bil1417 enacted in the 2007 Oregon Legislative Session. Senate Bill 417 abolishes the Lane County Local Government Boundary Commission, extinguishes the assessment to cities that funds Boundary Commission operations, terminates t1ie Boundary Commission staff, and vests annexation authority with the cities within Lane County and with Lane County. Cities are now i!\b~~t to compliance with the provisions ofORS 222. ORS 222 establishes the method of annet2l8leiQm~eiVAd properties for annexation; circumstances for requiring annexation for extra-territorial ~~enslOn ot' NUV 2 u 20D~ - . __:.J Planner: BJ' services; provision of notice for annexation proposals; provision of notice of annexation approvals; provisions for withdrawal from special service districts; and provisions for elections when that option is 'selected by a city. The proposed amendments include a purpose statement; an applicability'section; definitions; the review process; initiation and application submittal; notice; criteria of approval; withdrawal procedures; appeals; and extra-territorial extensions. Criteria (1) Conformance witb tbe Metro Plan The Metro Plan is the guiding policy document for land use decisions in the metro area. The following excerpts from various sections of the Metro Plan are applicable to these proposed Code amendments: ' Chapter II Fundamental Principles and Growth Management Policy A. Fundamental Principles 6. The Metro PIa,! is based on the premise that Eugene and Springfield, the two existing cities are the logical providers of services accommodating urbanlt!Vels of dt!Velopment within the UGB. The proposed amendments require City Council approval for annexation to allow serVice delivery, or extraterritorial extension ofwliter or sanitary sewer service. B. Metropolitan Goals - Growtb Management 2. Encourage orderly and efficient conversion of land from rural to urban uses in response to urban needs, taking into account metropolitan and statewide goals. See Sections 5.7-105 Purpose; Section 5.7-140 Criteria, B. Metropolitan Goals - Public Facilities and Services 1. Provide and maintain public facilities and services in an efficient and environmentally responsible manner, See Section 5,7-140 Criteria; Section 5.23-100 Extraterritorial Extension of Water or Sewer Service. C. Growtb Management Goals, Findings, and Policies 1. The UGB and sequential developmentshall continue to be implemented as an essential means to achit!Vecompact urban growth. The provision of all urban services shall be .concentrated inside the UGB. See 3.3-825; 5.7-140 8. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: a. A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. Date Received ,NOV 2 U 200~ c 2 Planner: BJ "\ , b. There will be a logical area and time within which to deliver urban services and facilities. Conversion of urbanizable land to urban shall also be consistent with the'Metro Plan. See same citations as Policy # I above. 10. Annexation to a city through normal processes shall continue to be the highest priority. This ordinance establishes new annexation processes for CitY Council approvals, consistent with ORS 222. 21. When unincorporated territory within the UGB is provided with any new urban service that service shall be provided by the following method (in priority order). , a. Annexation to a city; b. Contractual annexation agreements with a city; See Section 5.7-140 Criteria 22. Cities shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard annexation is required. See Section 5.23-100 Extraterritorial Extension of water or sewer service, Chapter III Specific Elements A. Residential Land Use and Honsing Element A.4 Use annexation, provision of adequate public facilities and services, rezoning, redevelopment, and infill to meet the 20-year projected housing demand.' These amendments vest annexation authority with the Springfield City Council and regulate the efficient delivery of services through annexation and extraterritorial extension. A.8 Reqnire development to pay the cost, as determined by the local jnrisdiction, of extending pnblic services and infrastructnre. The cities shall examine ways to provide snbsidies or incentives for providing infrastructnre that support affordable housing and/or higher density housing. See Sectioi15.7-125 Annexation Initiation 'and Application Submittal; Section 5.7-140 Criteria. B. Economic Element B.25 Pursue an aggressive annexation program and servicing of designated industrial lands in order to have a sufficient supply of "development ready" land. These amendments vest annexation authority with the Springfield City Council; See Section 5.7:140 Criteria. B. 26 In order to provide locational choice and to attract new campus industrial firms to the metropolitan area, Eugene and Springfield shall place as a high priority service extension, annexation, and proper zoning of all designated special light industrial sites. These amendments vest annexation authority with the Springfield City Council; See Section 5.7-140; Section 5.23- 100. Date Received NOV 2 u 2001 , 3 Planner: BJ G. Public Facilities and Services Element The following policy references are directly, applicable to these amendments: G.I, G.2 page III-G-4;, GA, G.6, G.9 page III-G-5; G.11 page III-G-6; G-28 page III-G-13; G.35 page III-G- 14. These amendments address these policies by requiring Springfield City Council approval of all' service extensions with the UGB. The Council decision on such matters is contingent upon findings of consistency with Section 5.7-140 Criteria, subsection C.: The DroDosed annexation is consistent with aDDlicable Dolicies in the Metro Plan and anv aDDlicable refinement Dlans or Plan Districts. Criteria (2) Conformance with Applicable State Statutes ORS 222 establishes the jurisdiction of cities to regulate and approve annexation of territory and the extraterritorial extension of services, Semite Bill 417 abolished the Lane County Local Government Boundary Commission and transferred the annexation authority to all cities in Lane County and toLane County. These amendments comply with the requirements of this legislative act and the Oregon Revised Statute , Criteria (3) Conformance with applicable State-wide Planning Goals and Administrative Rules The City's comprehensive plan and development code are acknowledged by the State of Oregon to be in compliance with all applicable statewide planning goals and administrative rules. This proposed amendment is consistent with the plan policies cited in previous pages and with ORS, and so, by extension, conforms to applicable statewide planning goals and administrative rules. However, the following fmdings are included in this record. Goal]: Citizen Involvement The proposed amendments are the subject of legislative public hearings advertised in the Eugene Register Guard on November 12, 2007. The Planning Commission conducted a public hearing on November 20,2007. The City Council held a publicized work session on November 5, 2007 and a work session and public hearing on December 3, 2007. Goal2: Land Use Planning This goal states: "All land-use plans and implementation ordinances shall be adopted by the goveming body after public hearing and shall be reviewed and, as needed, revised on a periodic cycle to take into account changing public policies and circumstances, in accord with a schedule J ' set fort in the plan. ' "Implementation Measures - are the means used to cany out the plan. These are of two general types: (I) management implementation measures such as ordinances, regulations or project plans, . and (2) site or area specific implementation measures such as permits and grants for construction, construction of public facilities or provision of services." " These amendments establish the method for annexation to the City of Springfield; the requirement of the application for annexation; notice of the proposed annexation and public hearing; the criteria of approval for annexation; the process to provide extraterritorial extensio~f ~ater Rd sanitan,' d ' , '. Uale necelve NOV 2 U 200T: 4 ,Planner: BJ sewer; and notice of the approved armexation. These changes are consistent with existing policies in the Metro Plan. Goal3: Agricultural Lands ( This goal does not apply within adopted,.acknowledgedurban growth boundaries. The City of Springfield does not have any agricultural zoning districts. These amendments do not apply outside the urban growth boundary and, because of limitations on commercial and industrial 'development without full urban services, generally do not apply outside the city limits. Goal4: Forest Lands This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any forest zoning districts. These amendments do not apply outside the urban growth boundary and, because of limitations on commercial and industrial development without full urban services, generally do not apply outside the city limits. ' c Goal5: Open Spaces, Scenic and Historic Areas; and Natural Resources These amendments do not repeal, replace or, void existing Metro Plan policy or Development Code regulations willi respect to any identified mitural resources. No changes to supporting ordinances or policy documents adopted to comply with Goal 5 are affected by these amendments. Goal7: Areas Subject to Natural Disasters and Hazards All sites within Springfield subject to these hazards (floodplain, erosion, landslides, earthquakes, weak foundation soils) are inventoried through a'variety of sources. These amendments do not remove or exempt compliance with all other Code standards that may apply to the site upon annexation. Goal8: Recreational Needs Willamalane Park and Recreation district provides for the recreational needs of Springfield through , its own park planning. Park needs and facilities are based on existing and projected populations. These amendments have no influence on population projections because they do not change permitted density within residential plan designations, These ainendments do not influence the' ability of the park district to ,acquire land for parks. These amendments will allow the orderly provision of services to park land as needed. Goal9: &:onomic Development This goal is intended to preserve and enhance economic development activities, including preservation of sites for industrial and commercial use. These amendments will enable service extension to be provided to these sites 'consistent with economic development policies contained in the Metro Plan. ' Goal 10: Housing This goal states: ''to pro~ide for the housing needs of~itizens of the state." Date Received , 5 NOV 2 u 2003 Planner: BJ Consistent with Metro Plan policiesAA and A.S, these ainendments will facilitate provision of housing by allowing unserviced land to annex to the City and receive necessary services to enable urban density development Goal II: Public Facilities and Services This goal states: "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." Urban facilities and services include the appropriate types and levels of police protection; sanitary facilities; storm drainage facilities; planning, zoning and subdivision control; health services; recreation facilities and services; energy and communication services; and community governmental services: These amendments will enable the timely, orderly and efficient provision ofthese services to land ready for conversion from rural to urban use, Goal 12: Transportation , This goal states: "To provide and encourage a safe, convenient and economic transportation system." These amendments have no direct relationship to this goal; however, urbanization requires the comprehensive assessment of all services in a coordinated fashion"therefore' development cannot proceed in the absence of any service, including water, sewer and streets, Goal 13: Energy Conservation This goal states:' "To conserve energy," The logical and orderly provision of urban services is consistent with the intent of this goal. ,Goal14: Urbanization This goal states: "To provide for an orderly and effiCient transition from rural to urban use," These amendments vest the City Council with the authority to approve annexation and extraterritorial extension of services consistent with the Growth Management Policies ofthe Metro Plan cited above Goa115: Willamette River Greenway This goal states: "To protect, conserve, enhance and maintain the natural,'scenic, historical, flgricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway." These amendments do not exempt the applicant's obligation to comply with the City's existing reql!irements for development approval within the Willamette River Greenway. The Greenway provisions allow development of permitted uses in the underlying zone, provided that ali other Greenway requirements are satisfied. The City's adopted, acknowledged Greenway ordinance will not be changed by the~e amendments. GoiI116: Estuarine Resources; Goal 17: Coastal Shorelands; Goal 18: Beaches and Dunes; and Goa119: Ocean Resources These goals do not apply within the boundary ofthe adopted, acknowledged Eugene-Springfield Metropolitan Area General Plan. 6 ,Date Received NO v 2 u 200,=}- w Planner: BJ ), Chapter 66.0 of Oregon Administrativ~ Rules establishes interpretation of a number of statewide . planning goals. These,rules are generally designed to provide clarity or specific instruction regarding the implementation of the goals. Annexation starts the conversion of rural land to urban density dev~lopment. That development cannot proceed without water and sewer service, both of ' which cannot be ma~e available without .compliance with the proposed annexation amendments. OAR 66.0-.0 11-.0.0.0.0 Purpose states: "Tlie purpose of the {publicfacility plan] is to help assure that urban development in such urban growth boundaries is guided and supported by types and levels of urban facilities and services appropriate for the needs and requirements of the urban areas to be serviced, and that those facilities and services are provided in'a timely, orderly and efficient arrangement" See Section 5.7-14.0. , OAR 66.0-.011-.0.06.0 and 66.0-.011-.0.065, Sewer Service to Rural Lands, Water.service to Rural , Lands, respectively, are faithfully implemented by policies G.25-G.32 of the Metro Plan (pages ill- G-12 and ill-G-13); a finding of consistency, with these policies has been established for these amendments at page'3 of this fmdings document. ' ' OAR 66.0-.0 18-.0.02 requires the filing of proposed plan amendments or land use regulations with the Department at least 45 days prior to the initial public hearing and to include the date ofthe'fmal 'hearing. The notice was sent to the Department on September 26, 2.0.07 and included the date of November 2.0, 2.0.07 for the initial evidentiary hearing and the date of December 3, 2.0.07 as the date for the final public hearing. ' , 7 ,Date Received NUV l! U 20i7D Planner: BJ " PROPOSED SDC AMENDMENTS - ANNEXATION REGULATIONS TABLE OF CONTENTS CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS . 5.7-100 5,7-105 5,7-110 5,7-113 5,7-115 5.7-120 5.7-125 5,7-130 5,7-135 , 5:7-140 5.7-143 5.7-145 " 5,7-150 5,7-155 5.7-160 , 5.23-100 5,23-105 5,23-110 5,23-115 5,23-120 5.23-125 ANNEXATIONS Purpose Applicability Definitions Review Development Issues Meeting Annexation Initiation and Application Submittal Notice ' [~SZ~ I~;:::::;t and /\nnexation /\€lr.eement] Annexation Procedures Criteria J City Council Decision [Submittal of the Coum;iI's Resolution to the LCLGBC] Zoning [Notification of Utilities] Effective Date and Notice of Approved Annexation Withdrawal from Special Service Districts ' Appeals / EXTRATERRITORIAL EXTENSION OF WATER OR SEWER SERVICE Purt)ose Aoolicabilitv Review Aoolication Submittal Criteria Date Received , NUV 2 u 2001' ,- Planner: BJ 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 preperty el/mer ebtains annexatieA] 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 boundarv 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 properties' within the citv limits, As provided in ORS 222,840-915. the City and a maioritv of the electors of the affected territorv'may aaree to an alternative to annexation to mitioate the health hazard. includina extraterritorial extension of services without annexation. 2.' Extraterritorial extension of water or sanitarv sewer al1olications that are not related to health hazards as specified in OR~ 222.840-915 shall be processed as specified in Section 5,23-100. E. Connection to the sanitary sewer system. Any property to be partitioned that is within the distances specified in OAR 340-071-0160(4)ffi} for connection to the City's sanitary sewer system shall require annexation to the Cityorior 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 mav be aooroved without annexation. Date Received NUV 2 u 200iJ Planner: BJ Section. 5.1-100 The Development Review Process 15.1-140 Type IV Procedure (Legislative) F. The City Council's decision is the City's final decision either:on the date the decision is made, or 30 days after the decision is made if there is no emergency ciause in the adopting Ordinance, or as authorized by ORS 222., Notice of decision is mailed to the applicant, property owner and th'ose persons who submitted written or oral testimony and as required by ORS 222 and Section 5,7-150, Where required, the notice of decision shall also be mailed to the Department of Land Conservation and Development as specified,in OAR 660-18-0040, ' . EXCEPTION: [Fer annexatiaRs, tRe City COlJncil decisiaR is final only lJ~aR SaRGblFH!nce of the LaRe COblnty Local GS'Jemment Boimdary Cammissien.] For Metro Plan amendments that recfuire adoption by the City, Eugene and/or Lane County, the City Council decision is final only upon concurrence of the Lane County Commissioners and the City of Eugene City Council, as appropriate, Date Received NOV 2 u 200-1J Planner: BJ Section 5.4-100 Development Applications" Table 5.4-1 Development Applications, 1"'_m_''''__''mT\~"'''o/''I'''~'"'I'~'ti''~'+2rt''",''''ill.m_,.it_'Vf*l_D'~"''''''''''''''''''1Yf'+n~'''''''.b'I'~SDC' ".S~","'~~w;," '_ii&?i__,_",,,,dt,,.,.ype.o,/,.pp Ica OnbiJSlfdfu'''iEP_'''''"",..J&"5l0 _eCISlom..ypeiiJjU ",.ppilca e; ,i e...lons,'" I Accessory Dwelling Unit' I Type I ' 5,5-100 I Amendment of Development Code Text I Type IV 5,6-100 I Amendment of Refinement Plan Text or Diagram I Type IV 5.6-100 I Annexation L including extF3teFr:itori31 extensions] I Type IV ' I 5,7-100 I Appeal of a Type II Director's Decision Type 11\ 5,3-100 I Appeal ofType III Decision to City Council Type IV 5,3-100 I Appeal of an Expedited Land Division Type III 5,3-125 I Conceptual Development Plan I Type III Applicable Section [,conceptual Developme,nt Plan Amendment I Type III Applicable Section r Demolition of Historic Landmark I Type 11\ 3,3-900 I Determination of Non-Conforming Use Status I Type I. 5,8-100 r Developmentlssues Meeting I Type I 5.1-100 I Discretionary Use ' I Type III 5,9-100 r Drinking Water Protection Overlay District Development I Type I 3.3-200 I Establishment of Historic Landmark Inventory Type III 3,3-900 r Expansion/Modification of a Non-Conforming Use Type II 5.8-100, I l Expedited Land Division " Type II 5,1-145 I Extraterritorial Extension of Water or Sewer Service Tvoe IV 5.23-100 I Date Received NUV ~ u 20q'j Planner: BJ Section 5.7-100 Annexations I 5.7-105 Purpose These regulations: A. Clearly define the process for the review of proposals to annex [^nrwxatian af] territory to the City; B. Provide a process for the subsecuent withdrawal' of territory, from special service districts: and C. Provide a process for Citvaooroval of annexations to certain soecial districts. includinc but not limited to: the Lane County Metrooolitan Wastewater District: and the Willamillane Park and Recreation District. 15.7-110 Applicability [This SecliEln applies tel any ^nnexali::r: sf l:lI'iilory la lhe City that is .....itRin the City's l,/,",:-::-;i!::1bIEl ar.ea.] A. These reculations aoolv to annexation aoolications as soecifiedin Section 5,7-125. includinc aoolications initiated usina the double and triole maioritv initiatinc methods: and B. Other annexation proposals permitted bv ORS 222 shall beibrocessed as orovidedin ORS 222, ' I 5.7-113 Definitions The following definitions are specific to this Section: , . Affected City. A citv, citv-countv or cities. named in a petition, for which a boundarv chance'is proposed or a city. citv-coimtv or cities, named in an ordinance or order. for which a boundarv chance is ordered, Affected County. Each county that contains any territorv for which a boundarv chance is orooosed or ordered, Affected District. Each special district that contains or would contain territorv for which a boundary chance is proposed or ordered. Affected district also means a district or districts. named in a petition. for which a boundarv chanoe is proposed or ordered, Affected Territorv. Territorv described in a petition. Affected terriiorv also means an area within the urban ~rowth boundarv of a city that is otherwise eligible for annexation to a citv where there' exists an actual or alleaed danoer to public health as defined in ORS 222, ' Date Received NUV t u 2001' , Planner: BJ Annexation. The attachment or addition of territorv to. or inclusion of territorv in, an existino city or district. Annexation Aoreement. Awritten aoreement between the Citv arld owners of land reouestino annexation that states the terms. conditions and oblioatioris of the oarties to mitioate fiscal and service imoacts to the Citv associated with the annexation and future develooment of the orooertv, The aoreement mav be used to ensure annexation consistent with the Metro Plan, Cadastral MaQ. A mao oreoared bv the Lane County 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 be included with certain annexation and extraterritorial extension aoolications which includes the sionature of the owner or Dart or all of the affected territorv, Contiouous. Territorv that abuts the city limits at anv ooint aloho the orooertv's exterior boundarv or seoarated from the city 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 registered in the affected territorv and the owners of more than half of the land in the affected territorv. Effective Date of Annexation. The effective date of the boundarv'chanaed al!. orescribed in ORS 222.040. .180 or .465, .Elector, An individual reoistered to vote at an address within the affected territorv. Extraterritorial Connection of Service. The connection of water or sanitarv sewer service to develooed orooertv located outside the city limits and within the , urban orowth boundarv, Extraterritorial Extension of a Facility. The extension of a water or sanitarv sewer line outside the citv limits and within the urban orowth boundarv. Extraterritorial Service/Facilitv Contract. A contract between the owner of ,orooertv orooosed to be served and the Citv soedfvino and identifvino service provisions, oblioations of the citv and cost oblioations of the owner of the affected territorv and shall be initiated at the sole discretion of the Citv Council. Filina. The submittal of materials to initiate a boundarv chanoe orocess, Leaal Descriation. 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. The leoal owner of record accordino to the latest available La~p,9unt'h . Tax assessment roll or, where there is a recofaed land contract that is IdflWS, nece/ved the ourchaser thereunder, If there is a multiole ciwnershio ina oarcel of land, . , . NUV, 2 u 2001,! Planner: BJ each consentinc owner is counted as a fraction to the same extent as the interest of the other owners and the samefraction is aoolied to the parcel's land mass and assessed value for ourooses of the conserit oetition, If a corooration owns land in the affected territorv. the corooration must be considered the individual owner of that land. Petition. Anv document such as signature sheets. resolutions. orders, or articles of incorqoration,. reouired for initiatinq a boundarv chance, In the case of a petition initiated bv orooertv owners. the person sicninc on behalf of a corooration or business must provide evidence showinc that oerson is authorized to sicn leoal documents for the firm. Proceedina,' A oroceedinc to consider a boundarv chance, Prooosal. The set of documents recuired to initiate proceedings for a boundarv chance, ~oecial'Service District. Anv of the districts identified in ORS 198, , TriDle Maioritv. More than half of the owners of the land area, who also own more than half of the land area reoresentinc 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 oart of a comorehensive olan Withdrawal. The detachment. disconnection or exclusion of territorv from an existinc citv or district. I 5.7-115 Review I [Ao] 'Annexation applications are reviewed under Type IV procedure, without Planning Commission consideration. [E-. ~e Annexatian af all territory ta lhe City r.eEjlJirc:: 7::-:=~ aGtian BY the Lane County local Government Bounsary Commission (LClGBC'):::s sfleGifieG in ORa <2!:"Ala,) , I 5.7-120 Development Issues Meeting The applicant shall schedule a Development Issues Meeting prior to filing an annexation application where staff will inform the applicant of the annexation application submittal requirements and orocedures specified in this, Section, unless waived by the Director. I 5.7-125 Annexation Initiation and Application Submittal (,A.. .'\nnexation of territory to the City may l:le citizeR iRitiated or initiated l:ly the City Council, Date Received' NOV 2 u 200j Planner: BJ B. .'\II/\nnexation applications :":" ;,cluse inf:~~:t;:m to assress the al3pro'.'al criteria specifies in aectien 6,7140.] A. An annexation aDDlication mav be initiated bv Citv Council resolution. or . bv written consents from electors and/or DroDertv owners as orovided below, B. In addition to the Drovisions soecified in Section 5.4-105, an annexation aDDlication shall include the followino:, 1. A list of all owners, includino Dartial holders of owner interest within the affected territorv. 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 territorv as shown in the Lane County Reoional Land Information Database svstem IRUDl:, c. A list of all elioible electors reoistered at an address within the affected territorv: and d, ::';i(:m~<:l oetitions as mav be reouirect. , 2. Written consents on Citv aoorovedoetition forms that are: a. Com Dieted and sioned. in accordance with ORS 222.125, Qy; i. All of the owners within the affected territorv : and (, ii. Not less than 50 Dercent of the elioible electors. if anv. reoistered within the affected territorv : or b. Comoleted and sioned. in accordance with ORS 222,.170, Qy; i. A maioritv'of the elioible electors reoistered in the territorv Drooosed for annexation and ,the owners of more than half of the land in the affected territorv and said ownershio reo resents more than half of the assessed value of the land comorisino the affected territorv as sDecified in ORS 222,170(1) ITriole Maioritv): or ii. A maioritv of the owners of the land in the affected territorv, who also own more than half of the land in the affected territorv as soecified in O~ 't Rec" 'Ived 222.170(2) (Double Maiority);, . Ua eAr::: ' NUV j! U 2001 Planner: BJ iii. Publiclv owned riahts~of-wav can be added to annexations initiated bv these two methods without anv'consents: 3. A Citv Council resolution to initiate a boundarv change. includina, but not limited to, oubliclv owned riahts-of wav. ' 4. 5. 6. 7. 8. ' 9, 10. 11. 12. 13. 14. In lieu of a oetitionform described in Subsection 2 above. an owner's consent mav be indicated on a oreviouslv e'xecuted Consent to Annex form that has not yet exoired, as soecified in ORS 222.173 or oreviouslv executed Annexation Aoreement, consentina to the annexation of territorv. , .- Verification of Prooertv Owners form sioned bv the Lane Count" Deoartment of Assessment and Taxation. A Certificate of Electors form sianed bv the Lane County ElectionsNoter Reaistration Deoartment. An ORS 197,352 waiver form sianed bv each owner within affected the territorv. A waiver formsianed bv each owner within the affected territory as allowed bv ORS 222.173, A leoal descriotion of the affected territorv orooosedfor annexation consistent with ORS 308.225 that will include contiauous or adiacent riaht-of-wav to ensure contiouitv as reauired bv ORS 222,111. A Lane Countv Assessor's Cadastral Mao to scale hiohliohtino the affected territorv and its relationshio to the city limits. A list of the districts orovidina services to the affected territorv, A oublic/orivate utilitv olan describino how the orooosed affecteg territorv can be served bv a full/minimum level of kev urban facilities and services, A sioned Annexation Aareement. if reauired bv the Director. to resolve fiscal imoacts uoon the Citv caused bv the orooosed annexation. The Annexation,Aareement 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 required bv ORS, Where oublic facilities and services are available and can be extended, the aoolicant shall be n9auired to do so, A written narrative addressina the orooosal's consis~c\ with the aooroval criteria soecified in Section 5.7-140, uale Received NOV l! U 200:'1 Planner: BJ 15. Alee as established bv Council Resolution., I 5.7-130 Notice [Ncws~aper neliGe shall ~e re~uire= ZE speGifiea in SeGti,:,~ !i.~ "'i] Notice recuirements 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 Dublic hearinc date to: 1. The aoolicanl. oroqertv owner and electors in the affected territorv:, 2. Own~rs and occuoanis of orooerties located within 300 feet of the oerimeter of the affected territorv: 3. The neichborhoodgroup or communitv oraanizationofficiallv recocnized bv the Citv that includes the 'affected territorv:, 4. Affected soecial districts and all other oublic utilitv oroviders: and 5 Lane Countv Land Manacement Division. Lane Cou'ntv Elections. and the Lane Countv Board of Commissioners, B. Newsoaoer Notice. Notice of the oublic hearinc at which ari annexation aoolication will be considered shall be l?ublished in a local newsoaoer with oeneral circulation once each week for two successive weeks orior to the hearinc date: and C. Posted Notice, Notice of the oublic hearinc at which an annexation aoolication will be considered shall be oosted in four oublic places in the Citv for two'successive weeks orior to the hearino date. ' D. Notice Contents, Notice of the oublic hearinc 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 01 the affected territorv; 2. A statement that the Director's recommendation will be available seven davs orior to the oublic hearinc: and , 3. The date, time andolace the City Council will hold aoublic hearinc to consider the annexation aoolication, l5.7-135 [Fiseal,lml3aet and !".....<.....,::an Agreement] Recommendation to Cit", I Council ' " ' - , . ' , Date Received NUV :t U 200'71 L~ '. Planner: BJ [A. :~:lDimGls~ S~!l~~ I.:l'"i!S '-':lrIl1alisn slolBFAillee by lhe appliGant 10 eeterFAine the fiscal iFApaGl sf lhe prGpseee l\nnexatisR sn the City ane whether the applicant has,aeereesee ths S'i'inl'.'al-GFitr:z ::: Sleclisn 1i,7 44Qd' " [8-. "':::r::~ i:':":;:3G~~ --=-~' be resolvee by Ioleing an J\nnexatisn J\greeFAl!::!. :~= AflReJ:-=-~j:::: .'\greem:-l :"'-=-" -=-3Gfl!SS, !l~ -=- ::lW':':"::i:':":, :;onneGtisn ts ane exlensisn of j::utl;: facilities and services, Csnnection to plolBlic facilities ane service!: S~!l" bz zl ~~:JeiscretioR sf the City. Wher-e public fasilities aRe services are available ane can be exleneee, t/:1e applicant shall be reqlolired 10 eo so,] 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 CSIolRC" :~-=-" ::;:JPFOVS, moeify sr eeRY any annexati::- S'j::j::">awr'=-=-::le Iolpon] An annexation apolication mav be aooroved onlv if the Citv Council finds that the orooosal conforms to lh.e following [apprG'/al] criteria: ',' A. The affected territory proposed to be annexed is within the City's [e'::-=--':l:-=-~''iHlfea] urban orowth boundarv. and is; 1. Contiouous to the citv limits: or 2. Seoarated from the Citv on Iv bv a oublic rioht of wav or a stream. lake or other bod v of water. B. [Key urBan services ane fasilities san be prGvieee to lhe ar:n ::: z:: oreerly ane effisient m(lRRer] The orooosed annexation is consistent with aoolicable oolicies in the Metro Plan and in anvaoolicable refinement clans or Plan Districts: C. [There will be a legic(ll (lrea (lne liFAe 'Nithin which ts eelj'/erlolrb(ln servises ana fasiJities] The orooosed annexation will result in a boundanr in which the minimum level of kev urban facilities and services, as defineq 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, LS.7-143 City Council Decision Citv Council aooroval of annexation aoolications shall be bv Ordinance, I [6.7146 SlIbmittalaf the COllRll:~':: ~r....,llItiaR to the lClCBC Ddte-ReCeived NO V 2 U 200rll '--' Planner: BJ The City CSllRS:~ s':zlI z.:lopt l3y ResohJti,;,~ 2~~' AnRex3tion FeGoFRFReRsati,;,~,r-':::l Dir-eGtor :':z~~ ~:lrW3rS all City Ann81<3tion reGsFRFRensations to tf:le lCLGBC,] . I 5.7-145 Zonin!l , Currently, all unincorporated land within the City's [urB3niz3Ble 3rea] urban crowth boundarv is zoned in compliance with the zoning districts listed in this Code and is designated in compliance with the Metro Plan. Unincoroorated landwithin the [url3anizable ar-e3] urban crowth 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 bee~ submitted and approved by the City, C. The Director will not deem an aoolication comolete for a zoninc mao amendment until the annexation has' been aooroved bv the Citv Council. I 5.7-150 [NotifieatioR of Utilities] Effective Date and Notice of ADDroved Annexation ~ [The City ReGsr-aer shall pr-e'Jise Rstioo BY GertiRe~ ~:i~ 13 all pul3liG utility pro'Jisere spemting in the City within 10 says sf FeGeipt sf thE! LClGBC astisn 3ppro'ling the Annex3tisn. The nstiGe :'::;' ::-12;- ::':lGh site assFSss zs ~essFee::' ';'~ t':e lane County 3SSeSSFR:-~ :-::' ~::: ~')lIs, a legal eesGRptien, Z ~aJ: 3f-tI:le ':e~~jary sf:l3nge 3ne a copy of the LClGBC aGtisR.] " A. The effective date of an aooroved annexation shall be 'set in accordance with ORS 222,040. 222.180 or 222.465, 8. Notice of Aooroved Annexation. 1 N<:>t I~ter than 10 workino davs after the oassace of an Ordinance aoorovino an annexation. the Director shall: a. Send bv certified mail a notice to oublic utilities (as defined in ORS 757,005\, electric coooeratives and , telecommunications carriers (as defined in ORS 133.721\ ooeratinc within the Citv: and b. Mail a notice of the annexation to the Secretarv of State. Deoartment of Revenue. Lane County Clerk. Lane Countv Assessor. affected districts. and owners and electors in the affected territorv. The notice shall include: i. A coov of the Ordinance aoorovinc the annexation: ,iL A I~cal descriotion and ~ao of the annOate Received temtorv: ' NO V 2 IJ 200~7? Planner: BJ iii. Thefindinos: and iv. Each site address to be annexed as recorded on Lane Countv assessment and taxation rolls or found in RLlD. c. The notice to the Secretarv of State will also include cooies of the oetitions sioned bv electors and/or owners of the affected territorv as reouired in Section 5,7-125. 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 Countv 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 aooroved annexation ordinance or after the effective date of the annexation ofterritory to the Citv. 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 [blpon r.eceipt,of the LCLGBC action appr.oving the I\nnexation, ana after the effectiveaate of the Annexation]. B. Withdrawal fro'm soecial districts orocessed seoarate from the orocess annexino the territorv to the City reouires a Public Hearino with notice as reouired in Section 5,7-150IB) and IC). 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, :1 - D. Effective Date, The effective date of the withdrawal shall be as soecified in ORS 222. 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, ' Date Received NUV :J U 200:07 F:>lanner: BJ Section 5.12-100 Land Divisions - Partitions and.Subdivisions p. I 5.12~120 Tentative Plan Submittal Reauirements ,A Tentative Plan ,application shall contain the elements necessary to demonstrate that the provisions of this Code are being fulfilled, F. 'Additional information and/or applications required at the time of Tentative Plan application submittal shall include the following items, where applicable: ' 1. A brief narrative explaining the purpose of the proposed land division and the existing use of the property, 2. If the applicant is not the property owner, writte(l permission from the property owner is required, ' I I A Vicinity Map drawn to scale showing bus stops, streets, driveways, pedestrian connections, fire hydrants and other ,. transportationlfire access issues within 200 feet of the proposed land division and all existing Partitions or Subdivisioris,immediately adjacent to the proposed land division, II 3. 4. How the Tentative Plan addresses the standards of any applicable overlay District. 5. How the Tentative Plan addresses Discretionary Use criteria, where applicable,' ' 6. , , A Tree Felling Permit as specified in Section 5,19-100; 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. ' 7. 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 ['lr'::--;:::lbI-: :-":-:-] urban arowth boundarv and can be ' serviced by sanitary sewer and water. 15.12-130 Tentative Plan Conditions To the extent necessary to satisfy the approval criteria of Segtion 5.12-125, comply with all applicable provisions of this Code and to mitigate identified negative"impacts to surrounding properties, the Director shall impose approval conditions. All conditions shall be satisfied prior to Plat approval. Approval conditions may include, but are not' limited to: ' Date Received NOV 2U 200]1 Planner: BJ P. In the case of a Partition of property that is outside of the city limits but within the City's [urbanizaele ama] urban arowth bouridarv and no concurrent annexation application is,submitted, [Annexation Agreement] Consent to Annex forms shall be signed and recorded by the property owner prior to recording the Partition Plat. Date Received r NUV l! U 200'7! Planner: BJ -... ~- " Section 5.23-100 Extraterritorial Extension of Water a'nd Sewer Service L 5.23-105 PUrDose , A. These reaulations aovern the aooroval of reauests for the extension of . water service or sewer service outside of the citvlimits or extensions that ao bevond the citv limits and urban arowth boundarv to reach orooertv within the citv limits. These reaulations are intended to accomolish the orderlv develooment of land within the communitv, ensure the adeauate orovision of oublic facilities and services, protect the oublic health and safety of the community and enable develooment to occur consistent with aoolicable orovisicins of the Metro Plan. B. The Citv shall not extend water or sanitarv sewer service outside the citv limits, unless a health hazard, as defined in ORS 222.840 - .915 is determined to exist. Annexation of the territorv so served is reauired if the territorv is within the urban arowth boundarv and is contiauous to the citv limits, An altemativeto annexation. if agreed to bv the City and the owners of the affected orooertv. mav occur in the olace of annexation, ' The Citv mav extend water or sanitarv sewer outside the citv limits or urban arowth boundarv to orovide these serVices to orooerties within the city limits. C. Extraterritorial Service/Facilitv Contracts between a orooertv owner and the Citvshall be initiated atthe sole discretion of the Citv Council. L 5.23-11 0 Aoolicabilitv These reaulations aoolv to aoolications reouestinp the extension and/or connection of water service or sl'!wt:!r ~t:!!Vice outside of the citv limits and within the urban orowth boundarv. L 5.23-115 Review Extraterritorial extension of water or sewer service aoolications are reviewed under Tvoe IV orocedures. L 5.23-120 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: B. A leaal descriotion of the orooertv to be served: Qate Received NOV 211 200';11 L.: Planner: BJ C. A sicned Consent to Annex form for the orooertv orooosed lei be served: 'D A maD drawn to scale showinc the orooosed extension of sanitarv and/or ,water lines to include the prooosed number of service connections and their sizes and locations: and E. A written narrative addressinc the orooosal's consistencv with the aooroval criteria in !')ection 5,23-125, F. A fee as establishedbv Council Resolution. L 5.23-125 Criteri@ The Director shallaoprove, aoorove with conditions, or denv the aoolication based 'on comoliance with the followino criteria: A. The orooerlv orooosed for service is located within the citv's urban orowth boundarv:, B. Annexation of the orooertv orooosed to be served is currentlv not oossible due to the inabilitv to meet the criteria for annexation soecified in Section 5.7-140: C. The orooerlv orooosed for service is not vacant: , , . D. The orovision of service will not orolonc uses which are nonconforminq uses as soecified in Section 5,8-100: E. In the case of an aoolication for extension of water service. the orooerlv to be served is connected with an aooroved means of sewage disoosal: F. The orooosed extension is consistent with adooted resolutions, oolicies clans and ordinances conceminc extraterritorial extensions: and G. Even if a'orooosed extension is inconsistent with the criteria above, the citv mav,aoorove an extraterritorial extension of water or sewer service: 1. Where a communicable disease hazard exists and the extension is the on Iv oractical remedv as soecified in ORS 222,840 - .915: or 2. To orooertv within a dissolved water district within which the Sorinofield Utilitv Board is orovidino service to someorooerties, ) Oate Received , l'iOIJ 2" 20Q~ p\anner: BJ " CHAPTER 6 DEFI,NITIONS [ARRe~atieR Jl.gre~meRl fI. wrjtlen agreement eetwec:: !~!! Sity and e'llners of lanEl r-eq.uee: ng anneJmtlor. }~::l. :tates the tem1~, GeRl:lili,:,:,s ",-j eDligatien,s €If the J'larties te mitigate fiscal and Ger'. Ice ImJ'lacts te lhe City assoclaled with lhe annexatien and fulur:e deve!oJ'lment ':",!h'3 ;::~'3J'lerty, The agreemer.l -:r.::~' be used Ie ensure annexation conslslent'l.'lth lhe Metre Plan,] " Date ,Received , NOV 20 200([\ ,Planner: BJ