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HomeMy WebLinkAboutOrdinance 5701 06/21/1993 --;~ . . . 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 Page 1 . . . , . ";1 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 Page 2 . 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. . 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 Page 3 . . . . (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 Page 4 . . . , , . " 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 p S p (b) Auto wrecking, storage and towing services D (c) Maintenance facilities for passenger bus vehicles or motor freight vehicles P S P (d) Key/card lock fuel facilities Ordinance 5701 Page 5 p P P . . . . .. 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: ~MadF~//vvclJ ~ ~ ~k~ City Recor r Ordinance 5701 Page 6 r.i:\(r~W~:0 8 t\??;,~QV:~~) ~~~~::~\A ~ l-~~~, Lf:l,~:j~~~~ t~\ \~,,~~~ cr:>;cc-: Or- errv Ar1'O~NEY (~~r: \" c"~. L:r5>~r~:J8~':b~~J.D