Item A: Background on Extra-territorial Extensions

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Type II land use process. This process requires public notice to properties within 300 feet and an administrative decision by the Planning Director. That decision can be appealed to the City’s Hearings Official who would hold a public hearing to consider the matter. Section 9.8121 also provides the criteria of approval for all extra-territorial extensions. Each request must meet all of the criteria in order to be approved. Most notable are the following criteria: The property cannot be annexed for reasons other than the mere fact that the property is not ? contiguous to the city The property is not vacant ? The provision of service will not prolong non-conforming uses ? Section 9.8121(8) provides two exceptions to these criteria: If the extension is the only practical remedy to a communicable disease hazard; or ? The property is within a dissolved water district in which EWEB is providing service. ? As the criteria in Section 9.8121 indicates, the intent is to provide a means for water or sewer service for existing developed properties which cannot otherwise annex to the city. Conversely, these provisions specifically discourage extra-territorial extensions as a means to accommodate growth or new development without first annexing to the city. Resolution No. 2643 (on which these criteria were based) provides a clear policy position that the urban services should not be provided outside of the city except under unique circumstances. The provision of such services to the Airport, Lane Community College and sewer service to River Road are examples of such circumstances. The Metro Plan provides similar policy direction by prioritizing annexation as the primary means to receive urban services (Policy 21, page II-C-6). The City’s land use code also supports this policy direction as explained below. Relationship to Annexation requirements When discussing extra-territorial extensions, it is also important to understand the City’s existing requirements for annexation. As noted above, the criteria for extra-territorial extensions are intended to address existing circumstances, rather than accommodate future development potential. The requirements for annexation provide an additional tool to ensure this occurs. These requirements were not amended or impacted with the City Council’s adoption of Ordinance No. 20400. These provisions have been in place for many years, with only a few revisions made since 2001 (LUCU). In general, the following activities could not be considered without first annexing to the city: Zone Changes ? Partitions and Subdivisions ? Planned Unit Developments ? New dwellings ? New commercial or industrial development ? Expansion of existing commercial or industrial development which result in a need for additional ? urban facilities and services Based on these requirements, the approval of any extra-territorial extension would not enable a property to further develop. The triggers described above would apply to all properties regardless of the urban services that are currently provided to the site. Quite simply, if a property owner of land outside the city limits requested approval of any land use action listed above, they would first be required to annex to the city before any such application could be processed, regardless of whether they had previously obtained an extra-territorial extension or not. F:\CMO\2008 Council Agendas\M080123\S080123A.doc