HomeMy WebLinkAboutOrdinance No. 20400
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COUNCIL ORDINANCE NUMBER 20400
COUNCIL BILL NUMBER 4960
AN ORDINANCE CONCERNING ANNEXATION,
EXTRA-TERRITORIAL WATER AND SEWER
EXTENSIONS, AND PUBLIC SERVICE DISTRICT
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.
ADOPTED: December 10 2007
PASSED: 6:2
REJECTED:
OPPOSED: Bettman, Taylor
ABSENT:
EFFECTIVE:
ORDINANCE NO. 20400
AN ORDINANCE CONCERNING ANNEXATION, EXTRA-
TERRITORIAL WATER AND SEWER EXTENSIONS, AND
PUBLIC SERVICE DISTRICT 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, including
EWEB, shall not provide water, water service or sewer service outside the
city limits except as authorized pursuant to the city charter, this code, and
adopted resolutions. The city manager or the manager's designee is hereby
authorized to receive on behalf of the city requests for the extra-territorial
extensions of water service or sewer service from inside the city limits to
serve property located outside the city limits or for the 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. Requests for the extra-territorial
extension of water service or sewer service shall be processed and
approved or denied as provided in section 9.8115 to 9.8121 of this code.
Section 2. The definition of "Owner" set forth in Section 9.0500 of the Eugene
Code, 1971, is amended to provide:
9.0500
Definitions. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Owner. An individual, association, partnership, or corporation having legal or
equitable title to land other than legal title held only for purpose of security. For the
purpose of notice, the owner may be determined using the latest Lane County
assessment roll. For purposes of Annexation Application Procedures and Criteria
(EC 9.7800 through 9.7835), See definition at EC 9.7805.
Ordinance - 1
Section 3. 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
Application Type Planning Hearings Historic Planning City
Director Official Review Commission Council
Board
Annexations (See EC 9.7800) D
Extra- Territorial Extension of
Water or Sewer Service II 0 A
Section 4. 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
Tvpe II Application Reauirements 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 T
lications
lication Re uirements and Criteria
Be innin Reference
Extra-Territorial Extension of Water or Sewer Service
EC 9.8115
Section 5. 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
implement state law, the Statewide Planning Goals and the Metro Plan by providing
Ordinance - 2
procedures for the review of proposals to annex land to the city and the subsequent
withdrawal of such land from public service districts.
9.7805 Annexation - Applicabilitv.
(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, including annexations to abate a
health hazard pursuant to ORS Chapter 222, shall be processed as provided in
state law.
(2) For purposes of EC 9.7800 through 9.7835:
(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 Reauirements. An application for annexation under the
provisions of EC 9.7800 - 9.7835 may be initiated by motion of the city councilor by
the filing of an application for an 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, of land in the area 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 land 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 of land in the area proposed for annexation; and
(b) Not less than fifty percent of the electors, if any, residing on the land
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 fifty percent of the owners of the land in the area proposed for
annexation, who also own more than fifty percent of the land in the area
proposed for annexation and of real property therein representing more
than fifty percent of the assessed value of all the real property in the area
proposed for annexation; or
(b) More than fifty percent of the electors registered in the area that is
proposed for annexation and the owners of more than fifty percent of the
land in that area proposed for annexation.
(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, and still valid,
annexation agreement consenting to the annexation of the subject land.
(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 ElectionsNoter
Registration Department.
(7) A legal description of the land proposed for annexation prepared by a
registered land surveyor consistent with ORS 308.225.
(8) A county assessor's cadastral map of the land proposed for annexation.
Ordinance - 3
(9) A list of the public service districts presently providing services to the land
proposed for annexation (See EC 9.7835).
(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. For
annexation applications in the River Road/Santa Clara area, the city shall not modify
an annexation application to include road right-of-way if, by doing so, annexation
would cause unincorporated property to be surrounded as described in ORS
222.750.
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 30 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 500 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), or an application
described in EC 9.7820(1 )(c), above:
(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;
Ordinance - 4
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. One of the postings shall be located on
the application site and two more posted at the nearest intersections
of arterials and/or collectors within the boundaries of the affected
neighborhood organization(s).
(e) The city council may adopt a resolution approving, modifying and
approving, or denying the application for annexation.
(3) Land 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, land 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/U L General Office GO General Office
C-1/U L Neighborhood Commercial C-1 Neighborhood Commercial
C-2/UL Community Commercial C-2 Community Commercial
1-2/UL Light-Medium Industrial 1-2 Light-Medium Industrial
1-3/U L Heavy Industrial 1-3 Heavy Industrial
Urbanizable Land Zoning Overlay Eugene Overlay Zones
/SR Site Review /SR Site Review
/CAS Commercial Airport Safety /CAS Commercial Airport Safety
IWR Water Resources Conservation IWR Water Resources Conservation
Overlay Zone Overlay Zone
(4) The city will not deem an application complete for a change in the zoning of
land proposed for annexation until the annexation has been approved by the
city.
(5) Withdrawals of annexed land from a public service district serving the land 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 land 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.
Ordinance - 5
9.7830
(2) The proposed annexation is consistent with applicable policies in the Metro
Plan and in any applicable refinement plans.
(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.
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 annexed area. 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 FollowinQ 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 land from the following public
service districts serving that land:
(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:
(a) Published in a local newspaper with general circulation once each week
for two successive weeks prior to the hearing date;
Ordinance - 6
(b) Posted in four public places in the city for two successive weeks prior to
the hearing date; and
(c) Mailed to the affected public service districts.
(3) Criteria. In determining whether to withdraw the land, 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 land 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 6. Section 9.8035 of the Eugene Code, 1971, is amended to provide:
9.8035
Annexation Application Reauirements and Criteria. The provisions for
processing annexation applications are found in EC 9.7800 through 9.7835,
Annexation Application Procedures and Criteria.
Section 7. 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 that the city extend water
service or sewer service from inside the city limits to serve property located outside
of the city limits. Except as specifically permitted in EC 9.8121, extensions may not
go beyond the urban growth boundary. These regulations are intended to
accomplish the orderly development of land within the urban growth boundary,
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. Terms and criteria may be more specifically
explained in adopted city resolutions concerning extra-territorial extensions.
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 from inside the city limits to serve
property located outside of the city limits.
9.8119 Extra-Territorial Extension of Water or Sewer Service - Application
Reauirements. In addition to the provisions of EC 9.7010 Application Filina, 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;
(3) A written narrative addressing the proposal's consistency with the approval
criteria in EC 9.8121.
Ordinance - 7
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) I n no case shall the city extend services extra-territorially to a property that
could, instead, be annexed. Further, to receive extra-territorial water or sewer
service an applicant must demonstrate the inability to satisfy either EC
9.7825(2) or (3);
(3) The applicant has entered into an annexation agreement on forms provided by
the city pertaining to the property proposed to be served or will enter into such
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 consistent
with adopted city resolutions, policies, plans and ordinances:
(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 EWES is
providing service to some properties.
Section 8. This Ordinance is intended to address the City's increased
responsibilities due to the State Legislature's passage of SB 417 abolishing the Lane
County Boundary Commission. The provisions of this Ordinance are intended to carry
forward, to the extent applicable, adopted City policies regarding annexations, extra-
territorial extensions, and public service district withdrawals. The legislative findings
attached hereto as Exhibit A are adopted in support of this Ordinance.
Section 9. 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.
Ordinance - 8
Section 10. 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 11. 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 12. Notwithstanding the effective date of this Ordinance as provided in
Section 11, 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
10th day of December, 2007
Approved by the Mayor this
K day of December, 2007
j]J1J~1~J^-
City ecorder
:~ I (./! p U/l7
Mayor
Ordinance - 9
Exhibit A
FINDINGS
The following criteria from EC 9.8065 shall be applied to the proposed code amendment:
(1) The amendment is consistent with applicable statewide planning goals adopt.ed by the
Land Conservation and Development Commission.
Goal] - Citizen Involvement. To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement which insure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The action taken did not amend the citizen involvement program. The process for
adopting these amendments complies with Goal 1 because it is consistent with the citizen
involvement provisions. Specifically, the Planning Commission held a public hearing followed
by a similar public hearing process before the City Council. Based on this information, the
process followed is consistent with Goal 1.
Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as
a basis for all decisions and actions related to use of land and to assure an adequate factual
basis for such decisions and actions.
The Eugene Land Use Code specifies the procedure and criteria that were used in considering
these amendments to the code. The record shows that there is an adequate factual basis for the
amendments. Specifically, Senate Bill 417 mandates that local jurisdictions assume the
responsibility of annexations. Therefore, there is a need for the city to establish local provisions
for future annexation applications.
The Goal 2 coordination requirement is met when the City engages in an exchange, or invites
such an exchange, between the City and any affected governmental unit and when the City uses
the information obtained in the exchange to balance the needs of the citizens. To comply with
the Goal 2 coordination requirement, the City engaged in an exchange about the subject of this
amendment with all of the affected governmental units. Specifically, the City provided notice of
the proposed action and opportunity to comment to Lane County, Springfield and the Department
of Land Conservation and Development.
There are no Goal 2 Exceptions required for these amendments. Therefore, the amendments are
consistent with Goal 2.
Goal 3 - Agricultural Lands. To Preserve Agricultural Lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for agricultural use. Therefore, Goal 3 does not apply.
Goal 4 - Forest Lands. To conserve forest lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for forest use. Therefore, Goal 4 does not apply.
Goal 5 - Oven Svaces. Scenic and Historic Areas. and Natural Resources. To conserve open
space and protect natural and scenic resources.
These amendments do not create or amend the city's list of Goal 5 resources, do not amend a
code provision adopted in order to protect a significant Goal 5 resource or to address specific
requirements of Goal 5, and do not allow new uses that could be conflicting uses with a
significant Goal 5 resource site. The proposed ordinance involves a legislative action which
establishes procedures for review of specific applications. As such, the proposed code
amendment will not result in any action affecting compliance with this goal. Therefore, the
amendment is consistent with Goal 5.
Goal 6 - Air. Water and land Resource Oualitv. To maintain and improve the quality of the air,
water and land resources of the state.
The amendments to not affect the City's ability to provide for clean air, water or land resources.
The proposed ordinance involves a legislative action which establishes procedures for review of
specific applications. As such, the proposed code amendment will not result in any action
affecting compliance with this goal. Therefore, this amendment is consistent with Goal 6.
Goal 7 - Areas Sub;ect to Natural Disasters and Hazards. To Protect life and property from
natural disasters and hazards.
The amendments do not effect the City's restrictions on development in areas subject to natural
disasters and hazards. Further, the amendment does not allow for new development that could
result in a natural hazard. The proposed ordinance involves a legislative action which establishes
procedures for review of specific applications. As such, the proposed code amendment will not
result in any action affecting compliance with this goal. Therefore, this amendment is consistent
with Goal 7.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and
visitors, and where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
The plan amendments do not effect the city's provisions for recreation areas, facilities or
recreational opportunities. The proposed ordinance involves a legislative action which
establishes procedures for review of specific applications. As such, the proposed code
amendment will not result in any action affecting compliance with this goal. Therefore, this
amendment is consistent with Goal 8.
Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon S citizens.
The amendments do not impact the supply of industrial or commercial lands. The proposed
ordinance involves a legislative action which establishes procedures for review of specific
applications. As such, the proposed code amendment will not result in any action affecting
compliance with this goal. Therefore, the amendments are consistent with Goal 9.
Goal 1 0 - Housing. To provide for the housing needs of citizens of the state.
The amendments do not impact the supply of residential lands. The proposed ordinance involves
a legislative action which establishes procedures for review of specific applications. As such, the
proposed code amendment will not result in any action affecting compliance with this goal.
Therefore, the amendments are consistent with Goal 10.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The cities of Eugene, Springfield and Lane County have adopted the Public Facilities and
Services Plan (PFSP) which serves as a primary tool for implementing a regional strategy
consistent with this goal. The proposed ordinance will not impact the PFSP, and in fact, will
compliment this plan as a means to carry out many of its principles.
The proposed ordinance includes approval criteria which require that annexation applications are
consistent with adopted plans, such as the PFSP. In addition, the criteria require that annexation
sites will have services which can be provided in an orderly, efficient and timely manner.
Therefore, it is concluded that the proposed ordinance is not only consistent with Goal 11, it
helps to further its implementation.
Goal 12- Transvortation. To provide and encourage a safe, convenient and economic
transportation system.
The proposed code amendment does not affect the provision of safe, convenient and economic
transportation systems and do not significantly affect any transportation facilities. The purpose
of the proposed ordinance is to reply to a state mandate requiring local jurisdictions in Lane
County to assume responsibility for processing annexation requests.
The proposed ordinance involves a legislative amendment establishing city-wide procedures for
annexation applications. There are no amendments proposed to other adopted plans, nor are
there any geographically specific amendments that would change the functional classification of
an existing or planned transportation facility, or change the standards implementing a functional
classification system. As a citywide legislative action focused on procedural requirements, this
ordinance does not include any provisions that would affect the functional classification or
performance of any transportation facility at the end of the planning period (2015).
For the reasons described above, the proposed ordinance is consistent with Goal 12.
Goal 1] - Energv Conservation. To conserve energy.
The amendments do not impact energy conservation. The proposed ordinance involves a
legislative action which establishes procedures for review of specific applications. As such, the
proposed code amendment will not result in any action affecting compliance with this goal.
Therefore, this amendment is consistent with Goal 13.
Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban
land use.
The proposed code provisions ensure that future annexations will be undertaken to provide for an
orderly and efficient transition of urbanizable land to urban land. The City's acknowledged
comprehensive plan contains substantive policies that, under the code amendments, will continue
to guide the city's future determinations as to whether to annex specific territory. As such, the
proposed code amendments are consistent with Goal 14.
Goal 15 - Willamette River Greenwav. To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the
Willamette River as the Willamette River Greenway.
The amendments to not contain any changes that affect the regulation of areas within the
Willamette River Greenway. The proposed ordinance involves a legislative action which
establishes procedures for review of specific applications. As such, the proposed code
amendment has no material impact related to this goal. Therefore, this amendment is consistent
with Goal 15.
Goals 16 - 19. Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocaen
resources.
These Statewide Planning Goals do not apply to the actions taken.
(2) The amendment is consistent with applicable provisions of the Metro Plan and
applicable adopted refinement plans.
The proposed ordinance shifts the procedural requirements of annexation applications from the
Boundary Commission to the local jurisdictions of Lane County, as required in Senate Bill 417.
This ordinance will maintain and enhance the City's ability to implement Metro Plan policies
such as the following:
The UGB and sequential development shall continue to be implemented as an essential
means to achieve compact urban growth. The provision of all urban services shall be
concentrated inside the UGB. (Metro Plan policy 1, page II-C-3)
Land within the UGB may be converted from urbanizable to urban only through
annexation to a city when it is found that:
a. A minimum level of key urban facilities and services can be provided to the area in an
orderly and efficient manner.
b. There will be logical area and time within which to deliver urban services and
facilities. Conversion of urbanizable land to urban shall also be consistent with the
Metro Plan. (Metro Plan policy 8, page II-C-4)
Annexation to a city through normal processes shall continue to be the highest priority.
(Metro Plan policy 10, page II-C-4)
Ultimately, land within the UGB shall be annexed to a city and provided with the required
minimum level of urban facilities and services. While the time frame for annexation may
vary, annexation should occur as land transitions from urbanizable to urban. (Metro Plan
policy 16, page II-C-5).
The proposed ordinance requires that all annexations be consistent with the Metro Plan and other
adopted refinement plans. This criterion of approval will ensure that each application for
annexation individually demonstrate compliance with these adopted plans. Based on this
requirement and the fact that no amendments are proposed to any adopted plans, the proposed
code amendment will be consistent with this criterion. 1
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S
Special Area Zone, in the case of establishment of a special area zone.
The proposed amendments do not establish a special area zone. Therefore, this criterion does not
apply to this code amendment.
1 With the abolition of the Lane County Boundary Commission, annexations in Lane County will be subject to
different statutory criteria and procedures than those applied by the Boundary Commission. The co-adopters of the
Metro Plan will, through a future action, consider changes to the Metro Plan to address the differences.
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To:
Mary Feldman, City Recorder
Date: June 30, 2008
Subject:
Scrivener Error Correction to EC 9.7820
It has come to our attention that a reference error exists in the codified version of EC
9.7820(2). The reference to "EC 9.7820(l)(c)" in the first sentence of Subsection (2) of EC
9.7820 is an error. The correct reference is "EC 9.7820(l)(d)2."
Please effect a scrivener error correction to EC 9.7820(2) so that it reads:
"For an application submitted pursuant to EC 9.7810(3), or an application described in
EC 9.7820(l)(d)2., above:"
This correction is authorized by both Ordinance No. 20400 that initially enacted the
provision, and Ordinance No. 20411 that effected an amendment to another subsection of that
section, and a copy of this memo should be attached to both Ordinances
If you have any questions, please do not hesitate to contact me.
HARRANG LONG GARY RUDNICK P.C.
CITY ATTORNEYS
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cc: Steve Nystrom
RECEIVED
JUL '0 2 2008
CITY RECORDER