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HomeMy WebLinkAboutOrdinance APPLICANT 3/17/2008 . . 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 DEFINmONS, DELETING THE TERM ANNEXATION AGREEMENT; ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, the refonnalled 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 Bill 417 by the 2007 Oregon legislature, the Lane County Local Govemment 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 417 amends most of ORS 1 gg (Local Govemment 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 alter December 31,2007; and WHEREAS, SDC Section 5.6-100 sets forth procedures for the amendment of this document, and WHEREAS, on November 20, 2007, the Springfield Planning Commission held a work session and conducted a public hearing on this SDC amendment application (Case Number lRP 2007-00027) voting 7 to 0 to recommend approval of the proposed Ordinance to the Common Council based upon findings in support 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 at this public hearing held In the matter of adopting this Ordinance amending the SOC. 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 5.7-120 5.7-125 5.7-130 5.7-135 ANNEXATIONS Purpose Applicability Definitions Review Development Issues Meeting Annexation Initiation and Application Submittal Notice Recommendation to City Council 1 D!1te t:?eeelVedl PI~HHaF. 3D 3-I1-O~ ,--- . . c 5.7-140 5.7-145 5.7-150 5.7-155 5.7-160 5.7-165 Criteria City Council Decision Zoning Effective Date and Notice of Approved Annexation Withdrawal from Special Service Districts Appeals" 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 water or sanitary sewer service outside the city limits, unless a health hazard, as defined in ORS 222.840 et seq is detennined to exisl Annexation of the affected territory so served is required if the territory is within the urban growth boundary and is contiguous to the city limits. The City may extend water or sanitary sewer outside the city limits or urban growth boundary to provide these services to properties within the city limits. As provided in ORS 222.840 et seq, the City and a majority of the electors of the affected territory may agree to an altemative to annexation to mitigate the health hazard, including extraterritorial extension of services without annexation. "E. Connection to the sanitary sewer system. Any property to be partitioned that is within the distances specified in OAR 340'{)71'{)160(4)(A) for connection to the City's sanitary seWer system shall require annexation to the City prior to Partition Tentative Plan submittal, unless the Director detennines that a topographic or man-made feature makes the connection physically impractical. In the event of such detennination, the Partition application may be approved without annexation: SECTION 3: CHAPTER 5 The Development Review Process and Applications, Section 5.1- 140 Type IV Review Procedure (Legislative), Subsection F.1s hereby amended as follows: "F. The City Council's decision is the City's final decision either on the date the decision is made, or 30 days after the decision is made if there is no emergency clause In the adopting Ordinance. Notwithstanding the effective 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 owner, those persons who submitted written or oral testimony, 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 Land Conservation and Development as specified in OAR 66D-18'{)040. EXCEPTION: For Metro Plan amendments that require adoption by the City, Eugene and/or Lane County, the,City Council decision is final only upon concurrence of the Lane County Commissioners and the City of Eugene City Council, as appropriate: SECTION 4: CHAPTER 5 The Development Review Process and Applications, Table 5.4-1 Development Applications Is hereby amended as.follows: "Table 5.4-1 Development Application. ~.:'-'~'~;~~~8~~~~~.~~:~:3b~JIJ Accessory Dwelling Unit Type I 5.5-100 Amendment of Development Code Text Type IV 5.6-100 Amendment of Refinement Plan Text or Diagram Type IV 5.6-100 Annexation Type IV 5.7-100 2 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 Development Plan Amendment Demolition of Historic Landmark Determination of Non-Conforming Use Status Development Issues Meeting Discretionary Use Drinking Water Protection Overlay District Development Establishment of Historic Landmark Inventory Expansion/Modification of a Non-Conforming Use Expedited Land Division Extraterritorial Extension of Water or Sewer Service Type III Type IV Type III Type III Type III Type 11/ Type I Type I Type III Type I Type III Type II Type II Type IV 5.3-100 5.3-100 5.3-125 Applicable Section Applicable Section 3.3-900 5.8-100 5.1-100 5.9-100 3.3-200 3.3-900 5.8-100 5.1-145 3.3-825" SECTION 5: CHAPTER 5 The Development Review Process end Applications, Section 5.7- 105 Purpose, 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; and C. Provide a process for City approval of annexations to certain special districts, including but notlimiled 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,ls hereby amended as follows: I "5.7.110 Applicability A. These rD9u1ations apply to annexation applications as specified In Section 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 Definltfons, 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 proposed or a City, City-County or Cities, named in an ordinance or order, for which a boundary change is ordered. 3 ORDINANCE NO. 6212 . . '. Affected County. Each county that contains any territory for which a boundary change is proposed or ordered. Affected Distriel Each special district named in a pelition 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 otherwise eligible for annexation to a City where there exists an actual or alleged danger to public health as defined in ORS 222. Annexation. The attachment or addition of territory to, or inclusion of territory in, an existing City or district 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 Mure development of the property. The agreement may be used to ensure annexation consistent with the Metro Plan. Annexation Contrael A contract between a City and a landowner relating to extraterritorial provision of service 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. Boundary Change. An action by the City Council duly authorized by ORS 222 that results in the adjustment of the city limits or the boundary of a public service district Cadastral Map. A map prepared by the Lane County Assessor's office showing bearings and distances and the boundaries of parcels, lots and tracts of land. 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. Effective Date of Annexation. The effective date 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 limits and within the urban growth boundary. Extraterritorial ServlcelFaclllty Contract. A contract between the owner of property proposed to be served and the City specifying and identifying service provisions, obligations of the 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 Council. Filing. The submittal of materials to initiate a boundary change process. Initiation Method. Any of the following descriptions of participants and documentation necessary for commencement of City annexation process: 4 ORDINANCE NO. 6Z1Z . . 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 territory 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 of the 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 annexation 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 ORS 308.225(2). Notice. An ordinance, resolution, order, or other similar matter providing notice authorized or required to be published, posted, or mailed. 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 is 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, resolutions, orders, or articles 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 consider a boundary change. Proposal. The set of documents required to initiate proceedings for a boundary change. Special Service District. Any of the districts identified in ORS 198. Urban Growth Boundary. A site-specific line, delineated on a map or by written description that separates urban and urbanizable land from rural lands that is part of a comprehensive plan. Wrtihdrawal. The detachmen~ disconnection or exclusion of territory from an existing City or district" SECTION 8: CHAPTER 5 The Development Review Process and Applications, Section 5.7- 115 Review, is hereby amended 8S follows: 5 ORDINANCE NO. 6212 . . I "5.7-115 Review Annexation applications are reviewed 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 Partition or Subdivision may be annexed by the City Council without a 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 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 procedures specified in this Section, unless waived by the Director.' 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 A. An annexation application may be Innlated by City Council resolution, or by written consents from electors and/or property owners as provided below. B. In addition to the provisions specified In Section 5.4-105, an annexation application shall include the following: 1. A list of all owners, including partial holders of owner interes~ within the affected territory, indicating for each owner. .0 The affected tax lots, including the township, section and range numbers; b. The street or site addresses within the affected territory as shown in the Lane County Regional Land Information Database system (RLlD); c. A list of all eligible electors 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: s. Completed and signed, in accordance with ORS 222.125, by; I. All of the owners within the affected territory; and iI. Not less than 50 percent of the eligible electors, if any, registered within the affected territory; or b. Completed and signed, in accordance with ORS 222.170, by: I. More than half the owners of land in the territory, who also own more than half the land in the contiguous terrnory and of real property therein representing more than half the assessed value 6 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 of more 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 lieu of a petition form described in Subsection 2 above, an 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 ofterritory. . 5. Verification of Property Owners form signed by the Lane County Department of Assessment and Taxation. 6. A Certificate of Electors form signed by the Lane County EleclionsNoter Registration Department. 7. An ORS 197.352 waiver form signed by each owner within affected the territory. 8. A waiver form signed by each owner within the affected territory 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. 12. A pUblic/private utility plan describing how the proposed affected territory can be served by a fulVminimum level of key urban facil~ies and services. 13. A signed Annexation Agreemen~ if required by the Director, to resolve fiscal impacts upon the C~ 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 facilnjes and services shall be at the discretion of the C~. unless otherwise required by ORS. Where public facilities and services are available and can be extended, the applicant shall be required to do so. 14. A written narrative addressing the proposal's consistency wnh the approval criteria specified in Section 5.7-140. 15. A fee as established by Council Resolution.' SECTION 11; CHAPTER 5 The Development Review Process and Applications, Section 5.7-130 Notice, Is hereby amended as follows: 7 ORDINANCE NO. 6212 . . '. I "5.7-130 Notice Notice requirements for annexations shall be as specified below; A. Mailed Notice. Notice of the annexation application shail be mailed at least 14 days prior to the public hearing date to: 1. The applicant, property owner and electors in the affected territory; 2. Owners and occupants of properties located within 300 feet of the perimeter of . the affected territory; 3. The neighborhood group or community organization officially recognized by the City that includes the affected territory; 4. - Affected special districts and all other public utility providers; and 5 Lane County Land Management Division, Lane County Elections, and the lane County Board of Commissioners. . B. Newspaper Notice. Notice of the public hearing at which 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 the hearing date; and C. Posted Notice. Notice of the public hearing 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. D. Notice Contents. Notice of the public hearing at which an annexation application will be considered shall include: 1. The Lane County Tax Assessor's map and tax lot numbers. street addresses or other easily understood geographical references of the affected territory; 2. A statement that the Director's recommendation will be available seven days prior to the public hearing; and 3. The date, time and place the City Council will hold a public hearing to consider the annexation application." SECTION 12: CHAPTER 5 The Development Review Process and Applications, Section 5.7-135 Fiscal Impact and Annexation Agreement, Is hereby' amended as follows: I "5.7-135 Recommendation to City Council The Director shall forward a written recommendation on the 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 "5.7-140 Critert. An annexation application may be approved only W the City Council finds that the proposal confonns to the following criteria: 8 ORDINANCE NO. 6212 . . A. The affected territory proposed to be annexed is within the City's urban growth boundary, and Is; 1. Contiguous to the city limits; or 2. Separated from the City only by a public right-of-way or a stream, lake or other body of wat~r. 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 resutt 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, efficien~ and timely 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." SECTION 14: CHAPTER 5 The Development Review Process and Applications, Section 5.7-145 Submittal of the Council's Resolution to the LCLGBC, Is hereby amended as foliows: 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 foliows: 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. Unincorporated land within the urban growth boundary 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 City Council: A. The UF-10 Overlay District designation shall cease to apply automatically; and B. The current zoning shall apply, unless a zoning map amendment has been submitted and approved by the City. C. The Director will not deem an 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 amended 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 accordance with ORS 222.040, 222.180 or 222.465. B. Notice of Approved Annexation. 9 ORDINANCE NO. 6212 . . '. 1. Not later than 10 working days alter 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 cooperatives 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 terrftory. The notice shall include: I. A copy of the Ordinance approving the annexation; II. A legal description and map of the annexed territory; III. The findings; and Iv. Each site address to be annexed as recorded on lane County assessment and taxation rolls or found in RlID. 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 alter the City Council passes the Ordinance approving it, 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.' SECTION 17: CHAPTER 5 The Development Review Process and Applications, Section 5.7-160 Withdrawal from Special Service Districts, is hereby amended as follows: I "5.7-160 Withdrawal from Special Service Districts "A. Wdhdrawal from special districts may occur concurrently with the approved annexation ordinance or alter the effective date of the annexation of terrftory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed terrftory from special districts as specified in ORS 222. B. Wrthdrawal from special districts processed separate from the process annexing the terrftory to the City requires a Public Hearing with notice as required in Section 5.7-130. C. Criteria. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is In the best interest of the City. D. Effective Date. The effective date of the withdrawal shall be as specified in ORS 222.465. E. Notice of W'rthdrawal. Notice will be provided in the same manner as specified in Section 5.7-150.' SECTION 18: CHAPTER 5 The Development Review Process and Applications, Section 5.7-165 is hereby added as follows: 10 ORDINANCE NO. 6212 . . 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 Pial' 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 1!:Q.. day a ATTEST: CIty~~ REVIEWED & APPROVED A TO FOR"4 \... .J =-'''''1 DATE: \~ t:i OFFICE OF CITY ATTORNEY II ORDINANCE NO. 6212