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Home My WebLink AboutOrdinance No. 19895ORDINANCE NO. 19895 AN ORDINANCE CONCERNING ANNEXATION PROCEDURES; AMENDING SECTIONS 9.152, 9.154, 9.1fi8, AND 9.674 OF THE EUGENE CODE, 1911; AND ADDING SECTIONS 9.174 AND 9.685 TD THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.152 of the Eugene Code, 1911, i s amended to provide: 9.152 In ~ t i at i on~:~ An annexat ~ on may be ~ n ~ t~ ated as prove ded ~ n Chapter 199 of the Oregon Revised Statutes relating to local government boundary cammi ssi ons. Section 2. Subsection ~1} of Section 9.154 of the Eugene Code, 1911, is amended to prav i de 9.154 A 1 i cat i on Fee and P1 anni n Cammi ss i on Publ i c Hear, ng N„ot,i ce. ~1~ When a property owner requests that the city consider annexation of property to the city, that person shat 1 submit an application for annexation and related i nformati an i n the manner prescribed by the city. Section 3. Section 9.168 of the Eugene Code, 1971, is amended to provide: 9.168 Special Di sari c,t Withdrawals. When an area that has been annexed remains within one or more special service districts, the council shall decide on withdrawal from those special service districts, and the withdrawals therefrom shall be i n accordance with applicable state statutes governing the specific withdrawal. Section 4. Anew Section 9.114 is added to the Eugene Code, 1911, to provide: 9.174 UL Urbanizable land Industrial Corridor Sub-District - S ecial Provisions. Exceptions to the provisions in sections 9.150 through 9.112 as set forth in this section apply to annexation procedures for properties located in the triangular-shaped area zoned "UL Urbanizable land Industrial Corridor Sub-District" that is bounded on the west by the 1991 Metro Plan urban growth boundary, on the east by the Northwest Expressway, on the north by Awbrey lane, and on the south by Eugene's city 1 imits. See Figure 17 at the end of this chapter 9 for a map of the above area. ~a} Notice and Council Public Hearin . A planning comma ss~ an hears ng and acts on ~ s not required. However, a counci 1 hearing i s required, with notice thereof required as prescribed i n section 9.154. ~b~ Invest~gation_, and Resort. The planning staff shall ~~~r~mnir i~ r -.~r.~ - i. wwr.y~r•ww~ prepare a report for submi ss~ on to the counci 1 and app1 ~ cant as Ordinance - 1 prescribed i n section 9.156. ~c} Public Hearin Schedule. Unless the applicant agrees to a longer time period, the council shall hold a public hearing on the request within 60 days of receipt of a compl ete and accurate application. ~d} Council Decision. Unless the applicant agrees to a ]anger time period, the council shall by resolution recommend approval of an annexation to the Boundary Commission or deny the annexation within 15 days of the hearing. Approval recommendations must be consistent with the criteria set forth i n section 9.158. Council denial decisions are final. fie} Decision Notice. The city shall mai 1 notice of the decision to the applicant and persons who have requested notification within five days after it is rendered. ~f} A licatian Renewal or Refilin . The provisions of section 9.170 apply except that authority to file a new application rests with the council rather than the planning commission. Section 5. Anew Section 9.659 is added to the Eugene Code, 1971, to provide: 9.559 Processing. Except as provided in section 9,685 for properties being annexed to the city, changes i n district boundaries shall be processed according to the provisions of sections 9.668 to 9.684. Section 6. Section 9.614 of the Eugene Code, 1911, is amended to provide: 9.614 Decision and A eal Authorit . ~1} If a zone change is far property proposed for annexation to the city, the planning commission shall, unless the annexation is denied, recommend a ci ty zoning district designation to the counci 1 i n conjunction with the annexation if any of the fallowing circumstances exist: ~ a} The property i s i n a lane County zoning district other than the districts set forth in the table in section 9.685. ~ b} The applicant requests a zon i ng designation other than the equivalent zoning prescribed in the table in section 9.685. ~ c } Equivalent zoning prescribed i n the table i n section 9.685 i s not consistent with adopted plans applicable to the subject property. If the property proposed for annexation is not subject to any of the above three circumstances and i s not i n the UL Industrial Carri dor Urbani zabl a land Sub- District, it shall automatically receive the city zoning equivalent designation prescribed in the table in section 9.685. ~2} If a zone change i s for property proposed for annexation and the property i s i n the UL Industrial Corridor Urban i zabl a Land Sub-District, the council shall adopt city zoning for the property unless the property automatically receives the city zoning equivalent designation according to the provisions of section 9.685. ~3 } To maintain consistency between zoning and applicable plans and studies, the planning comm~ss~on may also recommend zone changes for the council to consider i n conjunction with adopti an of ar amendments to Ordinance - 2 neighborhood refinement plans, special area studies, and the Metropolitan Area General Plan. ~4} The city counci 1 shall act an planning cammi ssi on recommendations for city zvn i ng district designations i n conjunction with annexations and adopti vn of or amendments to plans and studies as well as an appeals from commi ss i an denials . Except as atherwi se pravi ded i n this section, the council shall follow the procedures in this chapter for annexations when considering city zoning district designations for properties also being cons ~ dered for annexat ~ on . ~ 5} Except as stated above i n this section regarding planning commission and counci 1 act i an on zone changes i n conjunction with adoption of or amendments to neighborhood refinement plans, special area studies, and the the Metropolitan. Area General Plan, i f a zone change only includes property already ~ n the c~ ty, ~ t shall be approved, modified and approved, ar denied by the hearings official . I f the property was annexed through lane County Local Government Boundary Commission action without action by the council , i t shat l automatically receive the city zoning equivalent prescribed i n the table i n section 9.685 unless one or more of the circumstances 1 i steel i n section 9.674 ~ 1 } above exist. If one or more of those circumstances exist, the hearings off i ci a1 shall decide the appropriate city zoning for the property according to the provisions of sections 9.618 and 9.680. ~6} The planning commi ssivn shat l act on appeals from decisions of the hearings official. Commission decisions are final. All final zoning d~str~ct change dec~s~ons shall be by order which shall mandate in relevant cases that the zoning map established under section 9.274 of this code be amended to reflect the al 1 owed change of zoning district, Section 6. Anew Section 9.685 i s added to the Eugene Code, 1911, to provide: 9.685 Rezonin of Annexed Areas. Properties annexed to the city shall be automatically rezoned as of the effective date of the annexation from lane County UL Urbani zabl a land zoning districts and subdi stricts to equivalent Eugene zoning districts and subd i stri cts as prescribed i n the fol 1 owi ng table. The zoning map established under section 9.274 of this code shat 1 be amended to reflect the change of zoning district. However, i f a property is in a Lane County zoning district other than those included in the table below, or i f the applicant requests a zon i ng designation other than the equivalent zoning prescribed i n the table, or i f equi val ent zoning prescribed ~n the table ~n section 9.685 ~s not consistent with adopted plans applicable to the subject property, rezoning to a city designation shall be processed according to the provisions of sections 9.678 and 9.680. URBANI2ABLE LAND ZONING DISTRICT AG/UL Agricultural PL/UL Public land RA/UL Suburban Residential R-1/UL Single Family Residential R-2/UL limited Multiple Family Residential GD/UL General Office EUGENE ZONING DISTRICT AG Agricultural PL Public land RA Suburban Res i dent i a1 R-1 Law Density Residential R-2 limited Multiple Family Residential GO General Office Ordinance ~ 3 C-1/UL Neighborhood Commercial C-1 Neighborhood Commercial C-2/UL General Commercial C-2 General Commercial Irt2/UL Light Medium Industrial I-2 Light-Medium Industrial I-3/UL Heavy Industrial I-3 Heavy Industrial I-4/Ul Special Heavy Industrial I-3 Heavy Industrial Section 1. The City Recorder, at the request of, or with the concurrence of the City Attorney, i s authorized to administratively correct any reference errors contained herein, or i n other provisions of the Eugene Cade, 1911, to the provisions added, amended, or repealed herein . Passed by the City Counci 1 this Approved by the Mayor thi s 25t of January, 1993 25th day of January, 1993 ~ ~ City Recorder Mayar Qrdinance - 4