Article 5.7.100 ANNEXATIONS

These regulations apply to annexation applications as specified in SDC 5.7.125; and

Initiation Method of Annexation.

Other annexation applications permitted by ORS 222 must be processed as provided in ORS 222.

(6212; Ord. No. 6489, 11/4/2024)

5.7.113 Definitions.

The following definitions are specific to this section:

Affected District.

Each special district named in a petition that contains or would contain territory for which a boundary change is proposed or ordered. Affected district also means a district or districts, named in a petition, for which a boundary change is proposed or ordered.

Affected Territory.

Territory described in a petition. Affected territory also means an area within the urban growth boundary of a City that is otherwise eligible for annexation to a City where there exists an actual or alleged danger to public health as defined in ORS 222.

Annexation.

The attachment or addition of territory to, or inclusion of territory in, an existing City or district.

Annexation Agreement.

A written agreement between the City and owners of the land requesting annexation that states the terms, conditions and obligations of the parties. The agreement identifies the obligations of the property owner(s) to construct or provide improvements to facilities and/or services to mitigate fiscal impacts to the City. The agreement may be used to ensure the annexation is consistent with the Springfield Comprehensive Plan, including policies that require the provision of an urban level of service.

Annexation Contract.

A contract between a City and a landowner relating to extraterritorial provision of service and consent to eventual annexation of property of the landowner. The contract shall be recorded and shall be binding on all successors with an interest in that property.

Boundary Change.

An action by the City Council duly authorized by ORS 222 that results in the adjustment of the city limits or the boundary of a public service district.

Consent to Annex.

Statement of agreement to the proposed annexation on petition forms provided by the City which include the signature of the owner of part or all of the affected territory, and electors, if any, as applicable.

Contiguous.

Territory that abuts the city limits at any point along the property’s exterior boundary or separated from the city limits by a public right-of-way or a stream, bay, lake or other body of water.

Elector.

An active registered voter at an address within the affected territory.

Any of the following processes may be used to initiate the annexation:

Owner consent (ORS 222.125): all of the owners of land in the territory and not less than 50 percent of the electors, if any, residing in the territory have consented in writing to the annexation and file a statement of their consent to annexation with the City;

Triple majority (ORS 222.170(1)): more than half of the owners of land in the territory 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 real property in the contiguous territory consent in writing to the annexation and file a statement of their consent to annexation with the City;

Double majority (ORS 222.170(2)): a majority of the electors registered in the territory proposed to be annexed and owners of more than half of the land in that territory consent in writing to the annexation and file a statement of their consent to annexation with the City;

(D)

The City Council may, by resolution, initiate annexation of public right-of-way or other public land contiguous to the city limits.

Notice.

An ordinance, resolution, order or other similar matter providing notice authorized or required to be published, posted or mailed.

Owner.

The legal owner of record according to the latest available Lane County Tax assessment roll or, where there is an existing recorded land contract that is in force, the purchaser thereunder. If there is a multiple ownership in a parcel of land, each consenting owner is counted as a fraction to the same extent as the interest of the other owners and the same fraction is applied to the parcel’s land mass and assessed value for purposes of the consent petition. If a corporation owns land in the affected territory, the corporation must be considered the individual owner of that land.

Petition.

Any document such as signature sheets, resolutions, orders or articles of incorporation, required for initiating an annexation, withdrawal or provision of extraterritorial services. In the case of a petition initiated by property owners, the person signing on behalf of a corporation or business must provide evidence showing that person is authorized to sign legal documents for the firm.

Withdrawal.

The detachment, disconnection or exclusion of territory from an existing City or district.

(6212; Ord. No. 6489, 11/4/2024)

5.7.115 Review.

Annexation applications are reviewed under Type 3 procedures according to SDC 5.1.420 or Type 4 procedures according to SDC 5.1.605, without Planning Commission consideration, and as further specified by section 5.7.100.

For an owner consent annexation (pursuant to ORS 222.125:

Unless Council determines otherwise, no public hearing is required for:

Territory comprising a single lot or parcel zoned R-1 and designated LDR, that is less than 10,000 square feet; or

Territory that is served by a failing septic system, as defined by the Oregon Department of Environmental Quality; or

(c)

Territory that is not covered under (a) or (b) above and is not located in the Hillside Overlay District, Floodplain Overlay District and does not include a Water Quality Limited Watercourse, locally significant riparian area, or locally significant wetland.

The Director will forward to the City Council a written recommendation based on the approval criteria in SDC 5.7.140. The Director may recommend that the Council defer action on the matter until after the Council holds a public hearing.

The City Council may

Approve, modify, or deny the application; or

Defer action on the ordinance until after a public hearing is held on the proposed annexation.

(4)

A public hearing is required for all other owner consent annexations. The procedures in SDC 5.7.130 apply to public hearings on owner consent annexations under this section. The Director will forward to the City Council a written recommendation based on the approval criteria in SDC 5.7.140.

For a double majority (ORS 222.170(2)) or triple majority (ORS 222.170(1)) annexation:

A public hearing is required. The procedures that apply are those in SDC 5.7.130.

The Director will forward to the City Council a written recommendation based on the approval criteria in SDC 5.7.140.

5.7.125 Annexation Initiation and Application Submittal.

Publicly owned rights-of-way may be added to annexations initiated pursuant to ORS 222.170(2) and ORS 222.170(1) without petition consent.

(6212; Ord. No. 6489, 11/4/2024)

5.7.120 Development Initiation Meeting.

The applicant must schedule and attend a Development Initiation Meeting prior to submitting an annexation application where staff will inform the applicant of the annexation application submittal requirements and procedures specified in this section, unless waived by the Director.

(6212; Ord. 6466, 11/20/2023; Ord. No. 6489, 11/4/2024)

Initiation Method Requirements. An annexation may be initiated by City Council resolution, or by written consents from electors and/or property owners as provided below.

Owner consent annexation (ORS 222.125): Must include petition forms that are completed and signed by all of the owners within the affected territory and not less than 50 percent of the eligible electors, if any, registered within the affected territory; or

Triple majority annexation (ORS 222.170(1)): Must include petition forms that are completed and signed by more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory; or

Double majority annexation (ORS 222.170(2)): Must include petition forms that are completed and signed by a majority of the electors registered in the territory proposed to be annexed and a majority of the owners of more than half the land (ORS 222.170(2)).

(4)

Alternative to Petition. In lieu of a petition form described above, an owner’s consent may be indicated on a previously executed Consent to Annex form that has not yet expired as specified in ORS 222.173 or previously executed Annexation Contract consenting to the annexation of territory.

(5)

An applicant may initiate an annexation application under any applicable method in ORS chapter 222.

Application Requirements. In addition to the provisions in SDC 5.7.125(A), an annexation application must include the following

For every application:

The affected tax lots, including the township, section and range numbers;

The street or site addresses within the affected territory as shown in the Lane County Regional Land Information Database system (RLID);

(c)

A Lane County Assessor's Cadastral Map (a map prepared by the Lane County Assessor's office showing bearings, distances, and the boundaries of parcels, lots and tracts of land) to scale highlighting the affected territory and its relationship to the city limits.

(d)

A legal description of the affected territory proposed for annexation consistent with ORS 308.225 that will include continuous or adjacent right-of-way to ensure contiguity as required by ORS 222.111.

(e)

A list of the districts providing services to the affected territory.

(f)

A public/private utility plan describing how the proposed affected territory can be served by a full/minimum level of key urban facilities and services.

(g)

A written narrative addressing the application's consistency with the approval criteria specified in SDC 5.7.140.

(h)

A fee as established by Council Resolution.

For an owner consent (ORS 222.125), double majority (ORS 222.170(2)), and triple majority (ORS 222.170(1)) annexation provide a Verification of Property Owners form signed by the Lane County Department of Assessment and Taxation.

For an owner consent (ORS 222.125) and double majority (ORS 222.170(2)) annexation provide a Certificate of Electors form signed by the Lane County Elections Voter Registration Department.

(6212; Ord. 6466, 11/20/2023; Ord. No. 6489, 11/4/2024)

5.7.130 Notice.

For a double majority (ORS 222.170(2)) or triple majority (ORS 222.170(1)) annexation, or an application set for a public hearing as described in SDC 5.7.115 the notice requirements for annexations are as specified below:

Mailed Notice. Notice of the public hearing at which an annexation application will be considered must contain the contents listed in section 5.1.430 and be mailed at least 20 days prior to the public hearing date to:

The applicant, property owners and occupants, and consenting electors in the affected territory;

Owners and occupants of properties located within 100 feet of the perimeter of the affected territory;

The neighborhood group or community organization officially recognized by the City that includes the affected territory;

(4)

Affected special districts and other public utility providers; and

(5)

Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners.

Newspaper Notice. Notice of the public hearing at which an annexation application will be considered shall be published in a local newspaper with general circulation once each week for 2 successive weeks prior to the hearing date.

Posted Notice. Notice of the public hearing at which an annexation application will be considered shall be posted in 4 public places in the City for 2 successive weeks prior to the hearing date.

(6212; Ord. No. 6489, 11/4/2024)

5.7.135 (Reserved)

Prior History: Section 5.7.135, Recommendation to City Council, adopted by 6212, was repealed by Ord. No. 6489, 11/4/2024.

5.7.140 Criteria.

An annexation application may be approved only if the City Council finds that it conforms to the following criteria:

The affected territory proposed to be annexed is within the City’s urban growth boundary; and is

Contiguous to the city limits; or

Separated from the City only by a public right-of-way or a stream, lake or other body of water.

The proposed annexation is consistent with applicable policies in the Springfield Comprehensive Plan, Metro Plan, and in any applicable refinement plans or Plan Districts;

The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Springfield Comprehensive Plan, can be provided in an orderly, efficient and timely manner; and

(D)

Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement, a development agreement per section 5.1.1200, a waiver of remonstrance, or other mechanism approved by the City Council.

(6212; Ord. No. 6489, 11/4/2024)

5.7.145 City Council Decision.

City Council approval of annexation applications shall be by Ordinance, including the legal description consistent with ORS 308.225 and map of territory to be annexed. The City Council may deny an annexation application by motion or order adopting findings in support of the denial. An appeal of the City Council decision shall be to the Land Use Board of Appeals.

(6212; Ord. No. 6489, 11/4/2024)

5.7.150 Zoning.

Currently, all unincorporated land within the City’s urban growth boundary is zoned in compliance with the land use districts listed in this code and is designated in compliance with the Springfield Comprehensive Plan. Unincorporated land within the urban growth boundary is often distinguished from land within the city limits by the addition of the Urbanizable Fringe (UF-10) Overlay District established in SDC 3.3.800 or the Agriculture—Urban Holding Area (AG) District established in SDC 3.2.900. Upon approval of the annexation by the City Council:

Where the UF-10 Overlay District applied prior to annexation, the overlay will cease to apply automatically; and

Except for removal of the UF-10 Overlay District, the current zoning will apply, unless a zoning map amendment has been submitted and approved by the City concurrently with the annexation.

5.7.155 Effective Date and Notice of Approved Annexation.

The Director will not deem complete an application for a zoning map amendment until the annexation has been approved by the City Council and becomes effective, as that term is described in SDC 5.7.155.

(6212; 6443; Ord. No. 6489, 11/4/2024)

The effective date of an approved annexation is according to ORS 222.040, 222.180 or 222.465.

Notice of Approved Annexation.

Not later than 10 working days after the passage of an Ordinance approving an annexation, the Director will:

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 will include:

(i)

Each site address to be annexed as recorded on Lane County assessment and taxation rolls or found in RLID; and

(ii)

A complete copy of the Ordinance approving the annexation including exhibits.

Send a notice of the annexation to the Federal Emergency Management Agency, Oregon Secretary of State, Oregon Department of Revenue, Lane County Clerk, Lane County Assessor, and affected districts. The notice will include a complete copy of the Ordinance approving the annexation including exhibits. The notice to the Secretary of State will also include copies of the petitions signed by electors and/or owners of the affected territory as required in SDC 5.7.125.

5.7.160 Withdrawal from Special Service Districts.

If the effective date of an annexation is more than one year after adoption of the Ordinance approving annexation, the Director will 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.

(6212; Ord. No. 6489, 11/4/2024)

The Director will recommend to the City Council for consideration the withdrawal of annexed territory from special districts as specified in ORS chapter 222. Withdrawal from special districts may occur:

Concurrently with the annexation of territory to the City, subject to Type 3 or Type 4 review procedures applicable to the annexation application including a public hearing as specified in ORS 222.520; or

At any time after the effective date of the annexation of territory to the City, following a public hearing as specified in ORS 222.524 and subsection (B) below

Territory may be withdrawn from a special district at any time after annexation to the City, subject to Type 4 review procedures and the following public hearing requirements. Withdrawal from special districts processed separate from an annexation requires a Public Hearing with notice as required below.

Notice of the public hearing at which an annexation application will be considered must be published in a local newspaper with general circulation once each week for two successive weeks prior to the hearing date.

Notice of the public hearing at which an annexation application will be considered must be posted in four public places in the City for two successive weeks prior to the hearing date.