Chapter 17.81
ANNEXATION
Sections:
17.81.020 Annexation proposal.
17.81.050 Administration and approval process.
17.81.010 Purpose.
This chapter implements state and local laws, including ORS Chapter 222 and Metro Code Chapter 3.09, regarding the annexation of property into the City of Gladstone. It is intended to facilitate efficient urban and economic development opportunities by transferring jurisdiction over property within the Metro urban growth boundary from Clackamas County to the City of Gladstone. It also implements city-specific policies regarding annexation.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.020 Annexation proposal.
(1) Only owners of real property in the territory to be annexed, or the Gladstone City Council, may initiate an annexation. A property owner must file an application with the city to initiate an annexation and pay the associated fee. State law refers to the application as a “petition” for annexation. The City Council may initiate an annexation by simply approving a motion during a public meeting.
(2) If the city agrees to provide utility services (e.g., water or sewer service) to a property outside the city limits, the property owner must annex into the city. If, at the time the city agrees to provide utility services, the property is not contiguous to the city, then the property owner must enter into an annexation contract with the city in accordance with ORS 222.115.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.030 Petition.
(1) Prior to filing a petition for annexation, a property owner must schedule and attend a preapplication conference with the city. At that time, the city will review the annexation process with the property owner and identify the applicable requirements, including applicable forms and fees. The city manager may waive this requirement on a case-by-case basis. Annexations that the City Council may initiate are exempt from the preapplication conference requirement.
(2) Except as state law may otherwise permit, petitions for annexation must relate to territory located within the Metro urban growth boundary.
(3) A petition must be filed on a form provided by the city, be accompanied by the applicable fee, and include the following:
(a) The information required by Metro Code Section 3.09.040;
(b) A narrative addressing the approval criteria of this chapter, the criteria in Metro Code Sections 3.09.045(D), and if applicable, (E);
(c) A copy of an assessor’s map clearly showing the territory proposed for annexation and the existing boundary of the city near the territory;
(d) A legal description of the territory, which must be in the form of a metes and bounds description unless the territory was the product of a subdivision or partition, in which case it may be described by lot and block;
(e) The existing county zoning for the territory, and the proposed city zoning for the territory; and
(f) A determination of whether the territory proposed for annexation qualifies as a “minor boundary change” pursuant to Metro Code Chapter 3.09.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.040 Approval criteria.
The city may approve a petition for annexation if it finds the petition satisfies the following criteria:
(1) The territory proposed for annexation is located within the Metro urban growth boundary;
(2) The territory is contiguous to the existing boundary of the City of Gladstone;
(3) The proposed annexation complies with applicable provisions of ORS Chapter 222;
(4) The proposed annexation is consistent with applicable provisions of the city’s comprehensive plan;
(5) The proposed annexation complies with Metro Code Sections 3.09.045(D) and, if applicable, (E);
(6) The proposed zoning for the territory is consistent with the city’s comprehensive plan, and other Metro or state requirements that may affect the zoning for the territory; and
(7) Approving the proposed annexation is in the city’s best interest.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.050 Administration and approval process.
(1) Upon receipt of a petition, the City Administrator or designee will review the petition for completeness in a manner consistent with GMC Section 17.90.060, and subsequently allow the petitioner the opportunity to supplement the petition with any missing or requested information.
(2) The City Administrator or designee will review whether the territory proposed for annexation qualifies as a “minor boundary change” pursuant to Metro Code Chapter 3.09.
(a) If the petition qualifies as a “minor boundary change,” the city may review and approve the petition in accordance with Metro Code Section 3.09.045 and applicable terms of this chapter. Section 3.09.045 of the Metro Code allows the city to expedite review of minor boundary changes and does not require the city to hold a public hearing, unless a party entitled to notice requests one.
(b) If the petition does not qualify as a “minor boundary change,” the city will process the petition in accordance with GMC Section 17.94.060 and Metro Code Section 3.09.050.
(3) Notwithstanding any language to the contrary in this code, an annexation petition is not a “permit” as that term is defined in ORS 227.160. Therefore, annexations are not subject to the 120-day processing deadline established in ORS 227.178.
History: Ord. 1524 §1 (Exh. A), 2023.