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)(d)(2), 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 30 days prior to the public hearing to those listed in subsection (1)(c) above;
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.
|
Table 9.7820 Equivalent Zones and Overlay Zones | |||
|---|---|---|---|
|
Urbanizable Land Zones |
Eugene Zones | ||
AG/UL | Agricultural | AG | Agricultural, except as provided in (c), below. |
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 |
/CL | Clear Lake | /CL | Clear Lake |
(a) Land that is also within an area identified as a Nodal Development Area on the comprehensive plan diagram shall be automatically included in the Eugene /ND Nodal Development Overlay Zone.
(b) A parcel that was identified on Exhibit C to Ordinance No. 20430 (as amended by Ordinance No. 20584) as a parcel to which the /WQ Water Quality Overlay Zone should be applied upon annexation, or any portion of such a parcel that contains a /WQ Management Area, will also automatically be changed to include the /WQ Overlay Zone.
(c) A parcel in the Clear Lake area shall be automatically rezoned to the base zone depicted for that parcel on Figure 9.7820(3)(c) Clear Lake Zoning Upon Annexation.
(d) A parcel in the Santa Clara area shall be automatically rezoned to the base zone depicted for that parcel on Figure 9.7820(3)(d) Santa Clara Zoning Upon Annexation.
(e) The official city zoning map shall be amended to reflect the automatic changes of zone described in this subsection.
(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.