HomeMy WebLinkAboutItem A: Transition of Annexation Procedures
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Transition of Annexation Procedures
Meeting Date: October 31, 2007 Agenda Item Number: A
Department: Planning and Development Staff Contact: Steve Nystrom
www.eugene-or.gov Contact Telephone Number: 541/682-8385
ISSUE STATEMENT
On November 19, 2007, the City Council will hold a public hearing on an ordinance that will establish
the procedures for annexation applications within Eugene’s Urban Growth Boundary (UGB). This work
session is intended to provide the council with the background on this matter prior to the public hearing.
BACKGROUND
Recent passage of Senate Bill (SB) 417 abolishes the Boundary Commission, which currently serves as
the responsible governmental body for review of annexation requests and extraterritorial extensions
within Lane County. The bill transfers those responsibilities to the local governments effective January
1, 2008. The proposed ordinance will serve as the means to implement this new state legislation. In
order for this ordinance to go into effect by January 1, 2008, the City Council is scheduled to hold a
public hearing on November 19, 2007 with final action scheduled on December 10, 2007.
The Planning Commission is currently in the process of reviewing the proposed ordinance. A public
hearing was held on October 16, 2007, and the Planning Commission is scheduled to make its
recommendation to the council on October 29, 2007.
The Agenda Item Summary to the Planning Commission, dated October 16, 2007, provides an overview
of the ordinance and is included in this agenda packet. Following, are some of the key factors associated
with the proposed ordinance:
1. The ordinance is being prepared in direct response to the passage of SB 417. As such, the ordinance
specifically focuses on procedural changes that result from this new legislation.
2. The draft ordinance does not amend or impact established City policy concerning annexations,
unless preempted by newly applicable state statutes. All existing annexation-related policies
adopted by the City Council shall remain in effect, including the council’s recently adopted
resolution concerning street annexations.
3. The City Council will be the decision-maker for all annexation requests. Staff’s role will be
advisory only, which includes a staff analysis and recommendation to the City Council on each
annexation application.
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4. With the passage of SB 417, state funding that supported these services in the past will cease. Given
these circumstances, this ordinance establishes a set of procedures which recognize the resource
limitations to staff, as well as the impact to the City Council’s schedule. In addition, it is staff’s goal
to recover 100% of the costs (through application fees) required to implement this state mandate.
As noted above, staff is including the draft ordinance, as well as other supporting material included in
the Planning Commission original packet. All material received through the close of the Planning
Commission record will be provided in the council’s agenda packet for the public hearing on November
19, 2007.
RELATED CITY POLICIES
SB 417 requires the City of Eugene to assume responsibility for processing annexation requests within
its UGB. The proposed ordinance establishes the provisions to implement this state mandate.
COUNCIL OPTIONS
No formal action is required; however, options will be provided as part of the formal code amendment
deliberations on the draft ordinance, following the public hearing by the City Council on November 19,
2007.
CITY MANAGER’S RECOMMENDATION
No action is required on this item. Therefore, no recommendations are offered by the City Manager at
this time. A recommendation will be provided as part of the formal code amendment deliberations on
the draft ordinance, following the public hearing to be held by the City Council.
SUGGESTED MOTION
No action is required on this item. Therefore, no motions are offered by the City Manager at this time.
A suggested motion will be provided at the time of formal deliberations on the draft ordinance.
ATTACHMENTS
A. Planning Commission Agenda Item Summary, dated October 16, 2007
B. Draft ordinance and findings
C. SB 417
D. City Council resolutions
FOR MORE INFORMATION
Staff Contact: Steve Nystrom
Telephone: 541/682-8385
Staff E-Mail: steven.a.nystrom@ci.eugene.or.us
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ORDINANCE NO. _________
AN ORDINANCE CONCERNING ANNEXATION AND
WITHDRAWAL PROCEDURES; AMENDING SECTIONS
2.212, 9.7055, 9.7205, AND 9.8035 OF THE EUGENE CODE,
1971; REPEALING EXISTING SECTIONS 9.7800 TO 9.7885
OF THAT CODE; ADDING NEW SECTIONS 9.7800,
THROUGH 9.7835 AND SECTIONS 9.8115 THROUGH 9.8121
TO THAT CODE; DECLARING AN EMERGENCY; AND
PROVIDING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 2.212 of the Eugene Code, 1971, is amended to provide:
2.212 Extraterritorial Water and Sewer Service Extensions.
The city manager
or the manager's designee is hereby authorized to receive on behalf of the
city requests for extraterritorial water service extensions, sewer service
extensions, or provision of water or sewer service to special service districts.
Such requests shall be accompanied by the application fee established by
the city manager as provided by section 2.020 of this code, and shall be
processed and approved or denied as provided in section 9.8115 to
9.8121 of this code. [The city manager, or the manager's designee, shall
submit such requests to the Lane County Boundary Commission, together
with a favorable recommendation by city only if the city manager, or the
manager's designee, finds that the extension of service as proposed would
be consistent in all respects with adopted resolutions, policies, plans and
ordinances.
Section 2.
The entry for “Annexations” in the Table set forth in Section 9.7055 of
the Eugene Code, 1971, is amended, and a new entry for “Extra-Territorial Extension of
Water or Sewer Service” is added in alphabetical order thereto, to provide:
9.7055 Applications and Review Authorities.
Table 9.7055 Applications and Review
Authorities, lists applications and the review authorities for the decision and the
appeal of the decision.
Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
ApplicationTypePlanning Hearings Historic Planning City
DirectorOfficialReview CommissionCouncil
Board
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Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
ApplicationTypePlanning Hearings Historic Planning City
DirectorOfficialReview CommissionCouncil
Board
D
Annexations (See EC 9.7800)
Extra-Territorial Extension of
Water or Sewer Service II D A
Section 3.
Table 9.7205 set forth in Section 9.7205 of the Eugene Code, 1971, is
amended by adding an entry for “Extra-Territorial Extension of Water and Sewer
Service” in alphabetical order therein, to provide:
9.7205 Type II Application Requirements and Criteria Reference.
The following
applications are reviewed under the Type II review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7205:
Table 9.7205 Type II Application Requirements and Criteria
Type II ApplicationsBeginning Reference
Extra-Territorial Extension of Water or Sewer Service EC 9.8115
Section 4.
The current sections 9.7800 through 9.7885 of the Eugene Code, 1971
are repealed, and the following caption, and Sections 9.7800, 9.7805, 9.7810, 9.7815,
9.7820, 9.7825, 9.7830 and 9.7835 are added to the Eugene Code, 1971, to provide:
ANNEXATION APPLICATION PROCEDURES AND CRITERIA
9.7800 Annexation – Purpose. The provisions of EC 9.7800 – 9.7835 are intended to
provide procedures for the review of proposals to annex territory to the city
and the subsequent withdrawal of such territory from public service districts.
9.7805 Annexation – Applicability.
(1) The provisions of EC 9.7800 - 9.7835 apply to annexation applications for
which there is owner and elector consent as described in EC 9.7810.
Other annexation proposals permitted by state law shall be processed as
provided in state law.
(2) For purposes of EC 9.7800 through 9.7835:
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(a) An “owner” is a legal owner of record or, where there is a recorded
land sale contract which is in force, a purchaser under the land sale
contract.
(b) An “elector” is an individual qualified to vote under section 2, Article
II, of the Oregon Constitution.
9.7810 Annexation – Application Requirements. An application for annexation under
the provisions of EC 9.7800 – 9.7835 may be initiated by motion of the city
council or by the filing of an application for an annexation submitted on behalf
of all of the owners of the territory proposed for annexation. In addition to the
provisions in EC 9.7010 Application Filing, an application for annexation shall
include the following:
(1) A list of all owners, including partial owners, within the territory proposed
for annexation, indicating for each owner:
(a) The affected tax lot(s), with the township, section and range
numbers of the affected tax lots identified;
(b) The street address(es) of the affected territory as recorded on
county assessment and tax rolls;
(c) The electors residing on the land, if any.
(2) Consent to Annex forms that are completed and signed by:
(a) All of the owners within the territory proposed for annexation; and
(b) Not less than fifty percent of the electors, if any, residing in the
territory proposed for annexation.
(3) Instead of the Consent to Annex forms as described in subsection (2)
above, an application may include Consent to Annex forms that are
completed and signed in accordance with state law, by:
(a) More than half of the owners of the 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 the real property in the
territory; or
(b) A majority of the electors registered in the territory proposed for
annexation and the owners of more than half of the land in that
territory.
(4) In lieu of a Consent to Annex form described in sections (2) or (3) above,
an owner’s consent may be indicated on a previously executed
annexation agreement consenting to the annexation of the subject
territory.
(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 Elections/Voter
Registration Department.
(6) An ORS 197.352 Waiver form signed by each owner within the territory
proposed for annexation.
(7) A legal description of the territory proposed for annexation prepared by a
registered land surveyor consistent with ORS 308.225.
(8) A county assessor’s cadastral map of the area proposed for annexation.
(9) A list of the public service districts presently providing services to the
affected territory (See EC 9.7835).
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(10) A written narrative addressing the proposal’s consistency with the
approval criteria set out at EC 9.7825.
9.7815 Annexation – City Modification of Application. At any time prior to council
action, and with notice consistent with EC 9.7820, the city may modify an
application to include contiguous road right-of-way or to include other
contiguous public land.
9.7820 Annexation – Procedures.
(1) For an application submitted pursuant to EC 9.7810(2):
(a) No public hearing is required.
(b) The planning director shall forward to the city council a written
recommendation based on the approval criteria in EC 9.7825 that the
application be approved, modified and approved, or denied. In
addition, the planning director may recommend that the council
defer action on the matter until after the council holds a public
hearing.
(c) At least 10 days prior to the date the council considers the planning
director’s recommendation, notice of the application that contains
the street address or other easily understood geographical
reference to the property, the planning director’s recommendation,
and the date and time the council will consider the recommendation
shall be mailed to:
1. The applicant
2. Owners and occupants of properties located within 100 feet of
the perimeter of the subject property; and
3. The neighborhood group or community organization officially
recognized by the city council that includes the area of the
subject property.
(d) The city council may:
1. Adopt a resolution approving, modifying and approving, or
denying the application for annexation; or
2. Vote to defer action on such a resolution until after it holds a
public hearing on the proposed annexation.
(e) When the city council elects to hold a public hearing, the
procedures that apply are those in (2)(d) below.
(2) For an application submitted pursuant to EC 9.7810(3):
(a) A public hearing is required.
(b) The city council shall set a date, time and place for it to conduct a
hearing to consider the application.
(c) The planning director shall forward to the city council a written
recommendation based on the approval criteria in EC 9.7825 that the
application be approved, modified and approved, or denied.
(d) Notice of the public hearing shall be:
1. Mailed at least 14 days prior to the public hearing to those
listed in subsection (1)(c) above;
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2. Published in a local newspaper with general circulation once
each week for two successive weeks prior to the hearing date;
and
3. Posted in four public places in the city for two successive
weeks prior to the hearing date.
(3) Territories annexed to the city according to the procedures in EC 9.7800 –
9.7835 shall be automatically rezoned as of the effective date of the
annexation from Lane County land zones and zoning overlays to
equivalent Eugene zones and overlay zones as shown in Table 9.7820
Equivalent Zones and Overlay Zones. For purposes of this section,
property that is also within an area identified as a Nodal Development
Area on the Metro Plan Diagram shall be automatically included in the
Eugene /ND Nodal Development Overlay Zone. The official city zoning
map shall be amended to reflect the change of zone.
Table 9.7820 Equivalent Zones and Overlay Zones
Urbanizable Land Zones Eugene Zones
AG/UL Agricultural AG Agricultural
PL/UL Public Land PL Public Land
R-1/UL Low-Density Residential R-1 Low Density Residential
R-2/UL Medium-Density Residential R-2 Medium Density Residential
GO/UL General Office GO General Office
C-1/UL Neighborhood Commercial C-1 Neighborhood Commercial
C-2/UL Community Commercial C-2 Community Commercial
I-2/UL Light-Medium Industrial I-2 Light-Medium Industrial
I-3/UL Heavy Industrial I-3 Heavy Industrial
Urbanizable Land Zoning Overlay Eugene Overlay Zones
/SR Site Review /SR Site Review
/CAS Commercial Airport Safety /CAS Commercial Airport Safety
/WR Water Resources Conservation /WR Water Resources Conservation
Overlay Zone Overlay Zone
(4) The city will not deem an application complete for a change in the zoning
of territory proposed for annexation until the annexation has been
approved by the city.
(5) Withdrawals of annexed territory from a public service district serving the
territory shall be processed as provided in EC 9.7835.
9.7825 Annexation – Approval Criteria. The city council shall approve, modify and
approve, or deny a proposed annexation based on the application’s
consistency with the following:
(1) The territory proposed to be annexed is within the city’s urban growth
boundary and is:
(a) Contiguous to the city limits; or
(b) Separated from the city only by a public right of way or a stream,
bay, lake or other body of water.
(2) The proposed annexation is consistent with applicable policies in the
Metro Plan and in any applicable refinement plans.
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(3) The proposed annexation will result 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, efficient, and timely manner.
9.7830 Annexation – Effective Date and Notice of Approved Annexation.
(1) Effective Date. The effective date of an approved annexation shall be set
in accordance with state law.
(2) Notice of Approved Annexation.
(a) Not later than 10 working days after the passage of a resolution
approving an annexation, the city shall:
1. 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.
The notice shall include:
a. Each site address to be annexed as recorded on county
assessment and tax rolls;
b. A legal description and map of the proposed boundary
change; and
c. A copy of the resolution approving the annexation.
2. Mail a notice of the annexation to the Secretary of State that
includes a copy of the resolution approving the annexation and
a copy of the statement(s) of consent.
(b) Within 20 days from the passage of a resolution approving an
annexation, the city shall mail a notice of the annexation to the
county clerk, county assessor, and owners and electors in the
affected territory. The notice shall include a legal description of the
new city boundaries.
(c) If the effective date of an annexation is more than one year after the
city passes the resolution approving it, the city 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.
9.7835 Annexation – Withdrawal from Public Service Districts Following Annexation.
(1) Council Public Hearing on Withdrawal. Generally on an annual basis, the
city council shall set a date, time and place for it to conduct a hearing to
consider an ordinance to withdraw annexed territory from the following
public service districts serving that territory:
(a) A rural fire protection district;
(b) A water district, including a domestic water supply corporation;
(c) A park and recreation district;
(d) A highway lighting district;
(e) A county service district;
(f) A special road district;
(g) A road assessment district; or
(h) A sanitary district or authority.
(2) Notice of Public Hearing. Notice of the hearing, including the date, time,
place and purpose of the hearing shall be:
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(a) Published in a local newspaper with general circulation once each
week for two successive weeks prior to the hearing date; and
(b) Posted in four public places in the city for two successive weeks
prior to the hearing date.
(3) Criteria. In determining whether to withdraw the territory, the city council
shall determine whether the withdrawal is in the best interest of the city.
(4) Effective Date. The effective date of the withdrawal shall be set in
accordance with state law.
(5) Notice of Withdrawal. Not later than March 31 of the tax assessment year
to which the withdrawal of territory applies, the city shall mail notice to
the County Assessor and Department of Revenue including the legal
description of the boundary change and an accurate map showing the
change, prepared consistent with ORS 308.225.
Section 5.
Section 9.8035 of the Eugene Code, 1971, is amended to provide:
9.8035 Annexation Application Requirements and Criteria.
The provisions for
processing annexation applications are found in EC 9.7800 through [9.7885] 9.7835,
Annexation Application Procedures and Criteria.
Section 6.
The following caption, and Sections 9.8115 – 9.8121 are added to the
Eugene Code, 1971, to provide:
EXTRA-TERRITORIAL EXTENSION OF WATER OR SEWER SERVICE
9.8115 Extra-Territorial Extension of Water or Sewer Service – Purpose. Sections
9.8115 through 9.8121 govern the approval of requests for the extension of
water service or sewer service outside of the city limits. These regulations are
intended to accomplish the orderly development of land within the community,
ensure the adequate provision or public facilities and services, protect the
public health and safety of the community and enable development to occur
consistent with applicable provisions of the Metro Plan.
9.8117 Extra-Territorial Extension of Water or Sewer Service – Applicability. The
provisions of EC 9.8115 through 9.8121 apply to applications requesting the
extension of water service or sewer service outside of the city limits.
9.8119 Extra-Territorial Extension of Water or Sewer Service – Application
Requirements. In addition to the provisions of EC 9.7010 Application Filing, an
application for extra-territorial extension of water or sewer service shall
include the following:
(1) A list of all tax lots proposed to be served, including street addresses;
(2) The proposed number of service connections and their locations;
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(3) A written narrative addressing the proposal’s consistency with the
approval criteria in EC 9.8121.
9.8121 Extra-Territorial Extension of Water or Sewer Service – Approval Criteria. The
planning director shall consider an application for extra-territorial extension of
water or sewer service in accordance with the Type II application procedures
contained in EC 9.7200 through 9.7230. The planning director shall approve,
approve with conditions, or deny the application based on compliance with the
following criteria:
(1) The property proposed for service is located within the city’s urban
growth boundary, is located within the property boundaries of the Mahlon
Sweet Airport, or, for purposes of water extension only, Lane Community
College;
(2) Annexation of the property proposed to be served is currently not
possible due to the inability to meet the criteria for annexation as set
forth in EC 9.7820;
(3) The applicant has entered into an annexation agreement pertaining to the
property proposed to be served or will enter into an annexation
agreement as a condition of approval;
(4) The property proposed for service is not vacant;
(5) The provision of service will not prolong uses which are nonconforming
uses under the Eugene Code, 1971;
(6) In the case of an application for extension of water service, the property
to be served is connected with an approved means of sewage disposal;
(7) The proposed extension is consistent with adopted resolutions, policies,
plans and ordinances concerning extra-territorial extensions; and
(8) Even if a proposed extension is inconsistent with the criteria above, the
city may approve an extra-territorial extension of water or sewer service:
(a) Where a communicable disease hazard exists and the extension is
the only practical remedy; or
(b) To property within a dissolved water district within which EWEB is
providing service to some properties.
Section 7.
The legislative findings attached hereto as Exhibit A are adopted in
support of this Ordinance.
Section 8.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, may correct any reference errors contained herein, or in other provisions
of the Eugene Code, 1971, to the provisions added, amended, or repealed herein. The
City Recorder is specifically authorized to correct references to the Lane County Local
Government Boundary Commission.
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Section 9.
The State Legislature has abolished the Lane County Local
Government Boundary Commission, effective January 1, 2008. The City’s ability to
accept and process annexation applications serves an important public purpose, and it
is therefore necessary that the provisions contained in this Ordinance establishing
procedures for the City to effect annexations and withdrawals of territory from public
service districts become effective on January 1, 2008, which is less than 30 days from
its date of adoption.
Section 10.
Pursuant to the provisions of Section 32(2) of the Eugene Charter of
2002, with the affirmative vote of two-thirds of the members of the City Council, this
Ordinance shall become effective on January 1, 2008.
Section 11.
Notwithstanding the effective date of this Ordinance as provided in
Section 10, in order to ensure the City’s ability to accept and process annexation
applications on January 1, 2008, the City Manager is specifically authorized to establish
fees necessary for implementation of the provisions contained herein, in accordance
with the provisions of Section 2.020 of the Eugene Code, 1971, to become effective on
January 1, 2008.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2007 ____ day of ______________, 2007
___________________________ _____________________________
City Recorder Mayor
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