HomeMy WebLinkAboutItem 7: Ord on Extraterritorial Extension Procedures
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Concerning Extraterritorial Water and Sewer Extension
Procedures: and Amending Sections 9.7055, 9.7205, 9.7820, and 9.8121 of the Eugene
Code, 1971
Meeting Date: June 9, 2008 Agenda Item Number: 7
Department: Planning and Development Staff Contact: Steve Nystrom
www.eugene-or.gov Contact Telephone Number: 541/682-8385
ISSUE STATEMENT
The City Council will take action on an ordinance revising the procedures for review of extraterritorial
extensions.
BACKGROUND
On May 19, 2008, the City Council held a public hearing to consider an ordinance amending the procedural
requirements for extraterritorial extensions. This proposed code amendment has been prepared in response
to the following council motion which was made at the City Council’s work session on January 23, 2008:
Move to direct the City Manager to prepare an ordinance amending the code so that the process for
considering extraterritorial extension applications:
1) Requires a public hearing before the City Council and makes the City Council the final local
decision-making body; and
2) Requires that notice of the City Council’s public hearing be posted on the property which is the
subject of the application so that the notice is visible from adjacent streets and that the notice be
mailed to the appropriate neighborhood associations, and all property owners and residents within
750 feet of that property’s perimeter.
Further move to direct the City Manager to hold any applications submitted for extraterritorial
extension of water or sewer until the City Council has acted on this proposed ordinance or 60 days
after the City Council holds a public hearing on the ordinance, whichever is earlier.
Although no testimony was provided at the public hearing on May 19, 2008, an email correspondence in
support of the proposed ordinance was submitted to the Mayor and City Council shortly before the hearing.
A copy of that email is attached. Following the close of the public hearing, no other questions or suggested
amendments were identified by the council.
RELATED CITY POLICIES
This item is intended as a follow-up to the recent proceedings regarding the adoption of Ordinance No.
20400. That ordinance was adopted as a result of a State Mandate (SB 417) which required local
jurisdictions to assume the responsibilities for processing annexations and extraterritorial extensions.
Z:\CMO\2008 Council Agendas\M080609\S0806097.doc
COUNCIL OPTIONS
The City Council may consider the following options:
1. Adopt the proposed ordinance
2. Adopt the proposed ordinance with specific modifications as determined by the City Council
3. Deny the proposed ordinance
CITY MANAGER’S RECOMMENDATION
The City Manager recommends the City Council adopt the proposed ordinance.
SUGGESTED MOTION
Move to adopt an ordinance concerning extraterritorial water and sewer extension procedures: and
amending sections 9.7055, 9.7205, 9.7820, and 9.8121 of the Eugene Code, 1971.
ATTACHMENTS
A. Proposed ordinance and findings
B. Ordinance No. 20400
C. Public Testimony
FOR MORE INFORMATION
Staff Contact: Steve Nystrom
Telephone: 541/682-8385
Staff E-Mail: steven.a.nystrom@ci.eugene.or.us
Z:\CMO\2008 Council Agendas\M080609\S0806097.doc
ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING EXTRA-TERRITORIAL
WATER AND SEWER EXTENSIONS PROCEDURES; AND
AMENDING SECTIONS 9.7055, 9.7205, 9.7820, AND 9.8121
OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The entry for “Extra-Territorial Extension of Water or Sewer Service” in
the Table set forth in Section 9.7055 of the Eugene Code, 1971, is amended, to provide
as follows:
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
Extra-Territorial Extension of
D
Water or Sewer Service [II] [D] [A]
Section 2.
Table 9.7205 set forth in Section 9.7205 of the Eugene Code, 1971, is
amended by deleting the entry for “Extra-Territorial Extension of Water and Sewer
Service” therefrom.
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]
Ordinance -
1
Section 3.
Subsection (2)(d)1. of Section 9.7820 of the Eugene Code, 1971 is
amended, to provide as follows:
9.7820 Annexation – Procedures.
(2)
For an application submitted pursuant to EC 9.7810(3), or an application
described in EC 9.7820(1)(c), above:
(d) Notice of the public hearing shall be:
1. Mailed at least [14] 30 days prior to the public hearing to those listed
in subsection (1)(c) above;
Section 4.
Section 9.8121 of the Eugene Code, 1971, is amended to provide as
follows:
9.8121 Extra-Territorial Extension of Water or Sewer Service –
Procedures and
Approval Criteria.
The city council [planning director] shall [consider] hold a
public hearing to consider an application for an 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) Notice of the public hearing shall be:
(a) Mailed at least 30 days prior to the public hearing to:
1. The applicant;
2. Owners and occupants of properties located within 750 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 and any neighborhood group or community
organization officially recognized by the city council for the
area that is located within 750 feet of the perimeter of the
subject property
(b) Published in a local newspaper with general circulation at least 20
days prior to the public hearing; and
(c) Posted on the property that is the subject of the application in a
location clearly visible from adjacent streets.
(2) The city council shall adopt a resolution approving or denying the
application. The city council’s decision is final, and shall be based on
compliance with the following criteria:
(1)
a 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)
b In 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);
Ordinance -
2
(3)
c 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)
d The property proposed for service is not vacant;
(5)
e The provision of service will not prolong uses which are nonconforming
uses under the Eugene Code, 1971;
(6)
f 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)
gThe proposed extension is consistent with adopted resolutions, policies,
plans and ordinances concerning extra-territorial extensions; and
(8)
h 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)1. Where a communicable disease hazard exists and the extension is
the only practical remedy; or
(b)2. To property within a dissolved water district within which EWEB is
providing service to some properties.
Section 5.
The Legislative Findings attached as Exhibit A hereto are adopted in
support of this Ordinance.
Section 6.
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.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2008 ____ day of _______________, 2008
___________________________ _____________________________
City Recorder Mayor
Ordinance -
3
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 adopted by the
Land Conservation and Development Commission.
Goal 1 - 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.
Additionally, the proposed amendments will provide increased opportunity for public involvement
by requiring a public hearing and increasing the public notice requirements. These amendments
further support this goal.
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, the City Council held a work session to discuss this matter and
ultimately voted to direct staff to prepare the draft ordinance now under consideration.
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 - Open Spaces, 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 citys list of Goal 5 resources, do not amend a
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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
revises existing 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 Quality. To maintain and improve the quality of the air,
water and land resources of the state.
The amendments do not affect the Citys ability to provide for clean air, water or land resources.
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The proposed ordinance involves a legislative action which revises existing 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 Subject to Natural Disasters and Hazards. To Protect life and property from
natural disasters and hazards.
The amendments do not effect the Citys restrictions on development in areas subject to natural
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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 revises
existing 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 amendments do not effect the citys provisions for recreation areas, facilities or recreational
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opportunities. The proposed ordinance involves a legislative action which revises existing
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 Oregons citizens.
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The amendments do not impact the supply of industrial or commercial lands. The proposed
ordinance involves a legislative action which revises existing 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 10 - 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 revises existing 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.
The current ordinance specifically limits any future extraterritorial extension requests to sites within
the Eugene’s Urban Growth Boundary. This proposed amendment will maintain that specific
limitation. The proposed ordinance involves a legislative action which revises existing 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 11.
Goal 12- Transportation. 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 does not significantly affect any transportation facilities.
The proposed ordinance involves a legislative action which revises existing procedures for review
of specific applications. As such, the proposed code amendment will not result in any action
affecting compliance with this goal.
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 13 - Energy Conservation. To conserve energy.
The amendments do not impact energy conservation. The proposed ordinance involves a
legislative action which revises existing 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 ordinance involves a legislative action which revises existing procedures for review
of specific applications. As such, the proposed code amendments will not result in any action
affecting compliance with this goal. The criteria regarding extraterritorial extensions will remain
unchanged as will the existing annexation provisions, thereby maintaining the city’s current
policies which promote orderly and efficient transition from rural to urban land use.
For the reasons described above, the proposed code amendments are consistent with Goal 14.
Goal 15 - Willamette River Greenway. 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 revises
existing 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 revises the review process for extraterritorial extensions and increases
the noticing requirements for annexation applications. The limited nature of these amendments
will have minimal impact on the provisions of the Metro Plan and refinement plans, however, it
can be concluded that the amendments will provide greater opportunity for citizen involvement
and are therefore supported by the following Metro Plan policy:
Improve and maintain local mechanisms that provide the opportunity for residents and
property owners in existing residential areas to participate in the implementation of policies
in the Metro Plan that may affect the character of those areas. (Metro Plan policy K.3, page
III-K-3)
Based on this requirement and the fact that no amendments are proposed to any adopted plans,
the proposed code amendments will be consistent with this criterion.
(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.
From:
Rob Handy [rhandy@efn.org]
Sent:
Monday, May 19, 2008 4:57 PM
To:
RILEY Becky (SMTP2); *Eugene Mayor and City Council; NYSTROM Steven A
Cc:
PERLE Kate (SMTP); FINIGAN Jerry (SMTP); SIEMSEN Jolene (SMTP); NORRIS Steve (SMTP); Kate Kelly; eileen; REILLY Carleen
(SMTP); SPENCER Jan (SMTP); MOHR Marilyn (UO)
Subject:
For Public Hearing: Urban Transition/Extraterritorial Extensions TONIGHT at CITY COUNCIL
Importance:
High
Dear Mayor Piercy and City Council
Re: Urban Transition Agreements & Extraterritorial Extensions
Please keep in mind these principles important to neighborhood organizations:
--public hearings before elected officials at City Council
--inclusive posting and noticing requirements (30 days minimum) that allow time to discuss and consider within the community.
Thank you,
Rob Handy
with City Council meetings----we moved our meeting from the 2 to the 3 Monday of the month, so we could attend City Council
ndrd
meetings and hearings.
Since then City Council has added 3
rd
Road on the 3 Monday.
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CC:
Steve Nystrom
RRCO Board
SCCO Board
Cc:
PERLE Kate (SMTP); FINIGAN Jerry (SMTP); SIEMSEN Jolene (SMTP); NORRIS Steve (SMTP); Kate Kelly; eileen; REILLY Carleen
(SMTP); SPENCER Jan (SMTP); MOHR Marilyn (UO)
--inclusive posting and noticing requirements (30 days minimum) that allow time to discuss and consider within the community.
with City Council meetings----we moved our meeting from the 2 to the 3 Monday of the month, so we could attend City Council
ndrd
meetings and hearings.
Since then City Council has added 3
rd
Road on the 3 Monday.
rd