HomeMy WebLinkAboutOrdinance 5701 06/21/1993
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ORDINANCE NO.
5701
(GENERAL)
AN ORDINANCE REVISING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING
PORTIONS OF ARTICLE 6 ANNEXATIONS; ARTICLE 16 RESIDENTIAL ZONING DISTRICTS;
ARTICLE 20 LMI, HI AND SHI INDUSTRIAL DISTRICTS; AND APPENDIX ,1 FEES, AND
DECLARING AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
1. The Springfield Development
Springfield City Council on May 5,
subsequently adopted by Ordinance.
Code (SDC) was adopted by
1986, 'and amendments thereto
the
were
2. On May 19, 1993, the Springfield Planning Commission held a public
hearing on this SDC amendment request (Jo., No. 93-04-58). The Springfield
Planing Commission voted 5 to 0 to recommend approval of these amendments to
the' City Council. '
3. Findings in support of adoption of these amendments to the SDC are
set forth in the Staff Report and the Recommendation to the Council (Jo. No.
93-04-58) incorporated herein by reference.
4. Based on the above record and findings, the Ci ty Council concludes
that the SDC amendments are consistent wi th the cri terici of approval as set
forth the Staff Report and the Recommendation to the Council (Jo. No.
93-04-58) incorporated herein by reference.
Now therefore, based on the above findings,
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLO~S:
below:
Section 1: The Article 6 Title Page is hereby amended as described
ARTICLE 6
ANNEXATIONS
6.010 GENERAL
6.020 REVIEV
6.030 STANDARDS
6.040 ZONING
6.050 RESERVED FOR FUTURE USE
6.060 NOTIFICATION OF UTILITIES
6.070 ~ITHDRA~AL FROM SPECIAL SERVICE DISTRICTS
Ordinance
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Section 2: Section 6.010 'is hereby amended as described below:
Annexations of territory to the City shall be in accordance with Oregon
Revised Statutes (ORS), Chapters 199 and 222; Lane County Local Government
Boundary Commission (LCLGBC) Administrative Rules, Chapter 191, Division 30;
the Metro Plan; and, this Code. Any territory proposed to be annexed shall be
within Springfield's Urban Growth Boundary.
Section 3: Section 6.010 is hereby amended as described below:
Annexations may be processed either directly with the LCLGBC or the City.
(1) Annexations Processed Directly With the LCLGBC. Annexation
requests complying with Section 6.030(1) of this Article may be
processed directly with the LCLGBC as an Expedited Annexation upon
recommendation by the City in the form of a letter. The applicant
will pay the applicable processing fee directly to the LCLGBC.
(2) Annexations Processed Directly With the City. A complete
application together with all required materials and the City
review fee shall be accepted by the Director prior to the review
of the request as specified in Section 3.050, Application
Submittal. All annexation requests, either contiguous or
non-contiguous, submitted directly to the City shall be processed
as follows:
(a) Annexation requests shall be reviewed by the Ci ty Council.
The Ci ty Council may recommend: approval wi th or wi thou t a
request to delay the effective date of the annexation as
permitted in ORS 199 and City Council Resolution 92-35;
modification of the annexation request; or denial of the
annexation request. The City Council decision shall be
adopted at a public hearing by Resolution which is in
compliance with the applicable standards specified in Section
6.030(2) of this Article. Notice of the hearing shall be by
a general circulation newspaper, not less than 10 days prior
to the hearing. Annexations in this category may be
ini tiated by the City or a property owner in the terri tory
proposed to be annexed.
(b) The applicant will pay the applicable processing fee directly
to the LCLGBC. The City Recorder shall forward the
Resolution to the LCLGBC. The LCLGBC shall review the
annexation proposal.
Ordinance 5701
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Section 4: Section 6.030 is hereby amended as described below:
(1) Annexations processed directly with the LCLGBC shall comply with
the following standards:
(a) The annexation proposal shall have the consent of 100 percent
of the property owners within the affected territory, and
(b) The territory in the annexation proposal is within 300 feet
of an available public sanitary sewer connection as specified
in OAR 340-71-160(5). The property owner shall extend the
sani tary sewer line to the property prior to final
Development Approval or occupancy.
(2) Annexations processed directly wi th the Ci ty shall comply wi th
Subsection (a) or (b) below:
(a) The territory in the annexation proposal can be provided the
minimum level of key urban facilities and services, as
defined in Metro Plan Policy 7.a., Page II-B-4. The City may
recommend extra territorial extensions of services in
conjunction with a request for a delayed effective date of
annexation.
Regarding the provision of sanitary sewer:
1.
Where available sani tary sewer is wi thin 300 feet of
terri tory proposed to be annexed, the property owner
shall extend the line at their own expense prior to
final Development Approval.
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2. Where a sanitary sewer is more than 300 feet away from
the territory to be annexed:
a. The project providing the trunk line to serve the
terri tory shall be listed in the Ci ty' s current
Capital Improvements Program; or
b. The developer shall guarantee that the sani tary
sewer extension will occur within 5 years by a bond
let ter of credi t, cash deposi t or other approved
mechanism. In this instance, a negotiated City
payback provision through the collection of System
Development Charges or in lieu-of-assessment
charges may occur on a case by case basis.
(b) The territory in the annexation proposal shall meet the
criteria for a health hazard annexation as specified in ORS
199 arid 222.
Ordinance 5701
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(3) For properties which do not meet the standards specified in
Subsections (1) and (2) above, the City shall require:
(a) The signing of a Consent to Annexation form;
(b) The signing of a Waiver of Time Limit for Filing Statements
of Consent; and,
(c) The signing of a Recorded Notice of Agreement. This
agreement shall be between the City and the property owner or
future property owner and shall serve to grant authority to
the City to initiate annexation at a future time to be
determined by the City. This document shall be recorded at
Lane County at the property owner's expense.
(d) The documents listed above shall be completed prior to the
applicable circumstance specified below:
1. Final approval for permitted land use applications;
2. The issuance of a building permit;
3. The extra-territorial extension of water and life-safety
services. In these cases, the Ci ty shall forward a
letter to the LCLGBC stating why the territory cannot be
annexed.
Section 5: Section 6.040 is hereby amended as described below:
For all annexations, other than expedited annexations, if the zoning is
inconsistent wi th the Metro Plan designation, a separate application fot a
zone change, as specified in Article 12 of this Code, shall be submi tted
concurrently.
As specified in Article 29 of this Code, upon approval of the annexation by
the LCLGBC or upon final approval of a Si te Plan by the Ci ty prior to
annexation, the UF-10 Overlay District designation shall cease to apply.
Section 6: Section 6.010 is hereby amended as described below:
RESERVED FOR FUTURE USE.
Section 7: Section 6.060 is hereby amended as described below:
Wi thin 10 days of receipt of the LCLGBC action, the Ci ty Recorder shall
provide notice by certified mail to all public utili ties, electric
cooperatives and telecommunications utilities operating within the City. The
notice shall contain each site address as recorded on the Lane County
assessment and tax rolls, a legal description, a map of the boundary change
and a copy of the LCLGBC action.
Ordinance 5701
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Section 8: Section 6.070 is hereby amended as described below:
Upon receipt of the LCLGBC action, and after the effective date of the
annexa t ion, if the terri tory is located wi thin the boundaries of a special
service district, that territory shall be withdrawn from that district
pursuant to Oregon Revised Statutes, Chapter 222, if applicable.
Section 9: Section 16.100 is hereby amended as described below:
(5) Duplexes.
(a) On Corner Lots. A corner duplex or duplex lot in any
residential district may be parti tioned for the purpose of
allowing independent ownership of each dwelling unit, if each
of the two resulting parcels meet the lot size standards
specified in Section 16.030(1) and (2) of this Article.
Duplexes or duplex lots eligible for such a partition shall
meet the partition standards of Article 34 of this Code and
the following:
1. Utility service to each unit shall be separate.
2. All walls connecting abutting units shall be fire
resistive wails in accordance with the Structural
Specialty Code and Fire and Life Safety Code.
3.
The property line separating the two units shall have no
more than 2 angle points. The angle points shall not
occur within the wall between abutting units.
(b) Duplexes on interior lots zoned Low Density Residential,
approved prior to the adoption of this Code as part of a
Planned Unit Development shall not be considered to be
non-conforming uses.
Section 10: Section 20.020 is hereby amended as described below:
(3) Transportation related, non-manufacturing
(a) Automotive and heavy equipment repair and
service including the recapping and
retreading of tires
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(b) Auto wrecking, storage and towing services
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(c) Maintenance facilities for passenger bus
vehicles or motor freight vehicles
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(d) Key/card lock fuel facilities
Ordinance 5701
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Section 11: Appendix 1 is hereby amended as described below:
TYPE IV REVIEW
Application
Annexation
Metro Plan Amendment~
Minor Plan Amendment
Major Plan Amendment
Amendment of Refinement Plan Text, Refinement
Plan Diagrams and Development Code Text
Vacation
Easements
Rights-of-way, subdivisions
and other public properties
Appeal of the Planning Commission's Decision
$ 310.00(#)
$1,000.00
$2,500.00
$ 850.00
$ 300.00
$ 850.00
$ 100.00
(*) Fees are returned to appellants who succeed in having decisions
overturned.
(#) No postage fee.
In addi tion to the above fees, except as specified above, all Type III and
Type IV applications are subject to separate postage charges of $50.00
ADOPTED by the Common Council of the Ci ty of Springfield this 21st day of
June, 1993, by a vote of 4 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 21st day of June, 1993.
ATTEST:
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City Recor r
Ordinance 5701
Page 6
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