Chapter 4.10
ANNEXATIONS
Sections:
4.10.150 Annexation applications involving comprehensive plan amendments.
4.10.160 Council-initiated annexation.
4.10.180 Annexation zoning matrix.
4.10.190 Action by the planning commission.
4.10.200 Action by the city council.
4.10.210 Legal advertisement of pending election.
4.10.240 Effective date of annexation.
4.10.100 Background.
Oregon statewide planning goals require that each city be surrounded by a boundary which is called an urban growth boundary (UGB). The UGB defines the area which the city has identified as being eligible to be included within the city limits sometime during the 20-year planning period. Lands within the UGB may be considered for annexation consistent with the review criteria within SDC 4.10.140. Timely annexation of lands in an orderly and efficient manner avoids urban sprawl, and retains surrounding natural resources, and at the same time avoids the unnecessary development of agricultural and timber-producing lands. (Ord. 08-06 § 3, 2008)
4.10.110 Purpose.
It is the purpose and general intent of this chapter to delineate the appropriate procedures to be followed to annex territory to the city and to undertake other major and minor boundary changes. It is recognized that annexations to the corporate limits are major land use actions affecting all aspects of city government, and that other boundary changes and extensions of services must also be regulated. Unless mandated by state law, annexation, delayed annexations, and/or extension of city services may only be approved by a majority vote among the electorate.
A. With respect to annexations, the procedures and standards established in this chapter are required for review of proposed annexations in order to:
1. Provide adequate public information and sufficient time for public review before an annexation election;
2. Maximize citizen involvement in the annexation review process;
3. Establish a system for measuring the physical, environmental, fiscal and related social effects of proposed annexations; and
4. Ensure adequate time for staff review.
B. With respect to major and minor boundary changes or extensions of services other than annexations, it is the purpose and general intent of this chapter to provide a method by which such changes or extensions may be reviewed in a rational way and in accordance with applicable comprehensive plans. (Ord. 08-06 § 3, 2008)
4.10.120 Application and fee.
An application for annexation shall be filed with the city and accompanied by the appropriate fee. Additional land use applications may be filed concurrently with an annexation application contingent on approval of the annexation. At a minimum the application shall include:
A. A complete application signed by each property owner or a signed notarized letter of authorization from the property owner allowing the city to process an application received from a third party; and
B. Signed notarized statements by anyone leasing or renting the property stating that they have no objection to the annexation; and
C. A mailing list of all current property owners and residents within 500 feet of the subject site, as certified by a title company or by the Marion County tax assessor’s office, as accurate and complete as found on the most recent property tax assessment roll where the subject property is located; and
D. A copy of the current deed(s); and
E. A legal description of the territory to be annexed, meeting the relevant requirements of ORS Chapter 308. If such a description is not submitted, a boundary survey may be required. A lot and block description may be substituted for the metes and bounds description if the area is platted. If the legal description contains any deed or book and page references, legible copies of these shall be submitted with the legal description; and
F. Two full quarter-section county tax assessor’s maps, with the subject property(ies) outlined; and
G. A written applicant’s statement addressing each review criteria. It shall be the applicant’s responsibility to submit a complete application which addresses the review criteria listed in SDC 4.10.140. Upon determination that the application is complete, a public hearing shall be scheduled before the planning commission followed by a public hearing before the city council; and
H. Eighteen full-sized and one reduced (11 inches by 17 inches) conceptual site plan for properties to be developed with a subdivision or planned development. The scale of the full-size plan must be large enough that all dimensions and distances can easily be measured for accuracy. Make sure that the plan is prepared so that it is at least eight and one-half inches by 11 inches in size and the scale is standard: 10, 20, 30, 40 or 50, 60, or 100 feet to one inch. The plan must include all the required items. If any item listed for inclusion on the plan is not provided, please include a written explanation. The following items are required on the plan:
1. The location of existing structures (if any);
2. The location of streets, sanitary sewer, storm drainage, water, electric and other utilities, on or adjacent to the property to be annexed;
3. The location and direction of all water features on and abutting the subject property. Approximate location of areas subject to inundation, stormwater overflow or standing water. Base flood data showing elevations of all property subject to inundation in the event of 100-year flood as shown;
4. Label and show the locations of all existing structures, wells, septic tanks and drain fields, and distances between them and the existing property lines and each other. Indicate what is to be removed, moved, and/or retained;
5. Natural features, such as rock outcroppings, marshes or wetlands (as delineated by the Division of State Lands), wooded areas, isolated preservable trees (trees with trunks over six inches in diameter as measured four feet above the ground), and significant areas of vegetation;
6. Label and show existing and proposed contour (topography) lines drawn at the following intervals:
a. One-foot intervals for ground slopes less than five percent;
b. Two-foot intervals for ground slopes between five and 10 percent;
c. Five-foot intervals for ground slopes exceeding 10 percent;
7. General land use plan indicating the types and intensities of the proposed or potential development;
I. If applicable, a double-majority worksheet, certification of ownership and voters. Certification of legal description and map on forms provided by the city;
J. A narrative statement explaining the conditions surrounding the proposal and addressing the factors contained in the review criteria, as relevant, including:
1. Statement of availability, capacity and status of existing water, sewer, drainage, transportation, park and school facilities; and
2. Statement of increased demand for such facilities to be generated by the proposed development; and
3. Statement of additional facilities, if any, required to meet the increased demand and any proposed phasing of such facilities in accordance with projected demand; and
4. Statement outlining method and source of financing required to provide additional facilities, if any; and
5. Statement of overall development concept and methods by which the physical and related social environment of the site, surrounding area and community will be enhanced; and
6. Statement of potential physical, aesthetic, and related social effects of the proposed or potential development on the community as a whole and on the small subcommunity or neighborhood of which it will become a part; and proposed actions to mitigate such negative effects, if any; and
7. Statement indicating the type and nature of any comprehensive plan text or map amendments that may be required to complete the proposed development;
K. Annexation agreement. There may be instances in which an applicant may offer additional considerations in support of an annexation application. Such considerations shall be considered as part of an annexation application. These considerations shall be formalized through a development agreement;
L. The application fee for annexations and a deposit which is adequate to cover any and all costs related to the election as established by resolution of the city council. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.10.130 Filing procedure.
Whenever an application for annexation is filed, it shall be reviewed in accordance with the following procedures:
A. Determination of Annexation Type. The community development director shall determine whether an application is for a major or minor annexation as follows:
1. Major Annexation. An annexation shall be considered major if one or more of the following exist:
a. More than one property is involved;
b. City services do not abut the site;
c. The land is vacant and the request involves more than one district designation;
d. The land is developed with more than one type of existing land use and more than one district designation is needed or requested; or
e. The request for annexation involves more than two acres.
However, if the community development director determines measuring the physical, environmental and related social effects of the proposal will be similar in difficulty to that of a minor annexation, a major annexation can follow the timeline for minor annexation.
2. Minor Annexation. Any annexation not meeting the description provided above for a major annexation and containing less than two acres is considered a minor annexation. In general, an annexation is considered minor if measurement of the physical, environmental and related social effects is easier than a major annexation.
B. Application Filing Deadlines. Annexation elections are scheduled for May and November. Special elections may be scheduled outside of May or November if all election costs are paid for by the applicant. Application deadlines are established to permit public hearings by both the planning commission and the city council in time to meet state requirements for submitting ballot information for these election dates. Application deadlines for major and minor annexations are as follows:
1. A major annexation must be filed with the community development department before 5:00 p.m. on the last working day in September for a ballot election in May and the last working day in March for a ballot election in November.
2. A minor annexation must be filed with the community development department before 5:00 p.m. on the last working day in October for a ballot election in May and the last working day in April for a ballot election in November.
3. Major or minor annexations can be scheduled for a special election; provided, that all costs associated with the special election are covered by the applicant. Special elections will be scheduled by the city council following the required planning commission and city council hearings on the application.
C. Exceptions. The city council may authorize an exception to any of the requirements of this chapter. An exception shall require a statement of findings that indicates the basis for the exception. Exceptions may be granted for reasons including, but not limited to: identified health hazards, parcels of land that are less than two acres in size, land that is being annexed for a public purpose, a parcel with limited potential, and for all other matters which the city council determines that the public interest would not be served by undertaking the entire annexation process. (Ord. 08-06 § 3, 2008)
4.10.140 Review criteria.
When reviewing a proposed annexation of land, the planning commission and city council will consider the following standards and criteria; the applicant shall bear the burden of proof.
A. Adequacy of access to the site; and
B. Conformity of the proposal with the city’s comprehensive plan; and
C. Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property. If extension or upgrading of any improvement is necessary to serve the area, such extension must be consistent with the city’s infrastructure plans and must be an orderly and efficient arrangement for the extension of public services; and
D. The new area will meet city standards for any public improvements which may be necessary to serve the area (including but not limited to streets, including sidewalks, sanitary sewer, water, storm drainage); and
E. The area to be annexed is contiguous to the city and represents a logical direction for city expansion; and
F. The area is within the urban growth boundary, unless a health hazard due to failing septic systems or groundwater supplies is found to exist; and
G. The proposed use of the property is consistent with the applicable comprehensive plan designation; and
H. The proposed annexation shall be consistent with all applicable goals and policies of the Silverton comprehensive plan; and
I. Shall be in compliance with applicable sections of ORS Chapter 222; and
J. Natural hazards identified by the city, such as wetlands, floodplains and steep slopes, have been addressed by applicant’s conceptual development plan; and
K. Urbanization of the subject property shall not have a significant adverse effect on areas identified or designated in the comprehensive plan as open space or as significant scenic, historic or natural resource areas; and
L. Economic impacts which are likely to result from the annexation shall be evaluated in light of the social and physical impacts. The overall impact which is likely to result from the annexation and development shall not have a significant adverse effect on the economic, social and physical environment of the community, as a whole; and
M. If the proposed area for annexation is to be residentially zoned, there must be less than a five-year supply of vacant and redevelopable land in terms of dwelling units per acre within the current city limits. “Redevelopable land” means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the housing element of the comprehensive plan. If there is more than a five-year supply but less than an eight-year supply, the city may consider additional factors, such as the likelihood of vacant parcels being developed in the near future, to determine if the public good would be served by the annexation. Properties proposed for annexation that have a current or probable public health hazard due to lack of full city water or sanitary sewer may be exempt from this criterion; and
N. Promotes the timely, orderly and economic provision of public facilities and services; and
O. The annexation is reasonable and that the public interest, present and future, will be best served by annexing the property. (Ord. 16-17 § 1, 2016; Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.10.150 Annexation applications involving comprehensive plan amendments.
Applications for annexation involving comprehensive plan amendments submitted by property owners shall be reviewed semi-annually in April and October by the planning commission with a recommendation to the council. The city council, planning commission, or community development director may also initiate plan amendments. Such initiations are made without prejudice towards the outcome. (Ord. 08-06 § 3, 2008)
4.10.160 Council-initiated annexation.
It is within the power and authority of the city to annex land which is surrounded by the corporate limits or boundaries of the city, with or without consent of the property owners or residents in the territory. Notice and procedures for a public hearing shall be pursuant to the provisions of Chapter 4.1 SDC. (Ord. 08-06 § 3, 2008)
4.10.170 Zoning.
Upon annexation, the zoning of annexed property shall be compatible with the comprehensive plan designation as provided on the annexation zoning matrix. Zoning other than that shown on the matrix requires approval of a comprehensive plan map amendment and/or a zoning map amendment. (Ord. 08-06 § 3, 2008)
4.10.180 Annexation zoning matrix.
|
Plan Designation |
Compatible Zoning Districts |
|---|---|
|
Industrial |
Industrial Park (IP) |
|
Light Industrial (LI) |
|
|
Industrial (I) |
|
|
Commercial |
General Commercial (GC) |
|
Downtown Commercial (DC) |
|
|
Downtown Commercial Fringe (DCF) |
|
|
Single-Family Residential |
Single-Family Residential (R-1) |
|
Low Density Residential (R-5) |
|
|
Acreage Residential (AR) |
|
|
Multiple-Family Residential |
Multiple-Family Residential (RM-10) |
|
Multiple-Family Residential (RM-20) |
|
|
Agricultural/Urban Reserve |
Single-Family Residential (R-1) |
|
Low Density Residential (R-5) |
|
|
Acreage Residential (AR) |
(Ord. 08-06 § 3, 2008)
4.10.190 Action by the planning commission.
The planning commission shall conduct a public hearing to evaluate the proposed annexation and make a recommendation to the city council regarding how the proposal has or has not complied with the review criteria set forth in SDC 4.10.140. The planning commission shall provide findings in support of its recommendation. (Ord. 08-06 § 3, 2008)
4.10.200 Action by the city council.
Upon receipt of the planning commission’s recommendation, the city council shall endeavor to review all proposals prior to the city application deadline for submitting ballot measures to the voters. The city council shall only set for an election annexations consistent with a positive balance of the annexation factors contained in SDC 4.10.140. The city council shall adopt findings in support of its decision to schedule an annexation for an election. (Ord. 08-06 § 3, 2008)
4.10.210 Legal advertisement of pending election.
After city council review and approval, the city manager shall cause a legal advertisement describing the proposed annexation and pending election to be published in at least one newspaper of general circulation in the city in the manner provided by state election law. The advertisement shall be placed at least 14 days prior to the election. The size of the advertisement shall be determined by the city manager. The advertisement shall contain: a description of the location of the property, size of the property, its current zoning and any proposal for zone changes upon annexation, a general description of the potential land uses allowed, any required comprehensive plan text or map amendment or zoning ordinance text or map amendment, and where the city council’s evaluation of the proposed annexation may be found. Any statement regarding development of the property proposed for annexation that is dependent upon future action by the city shall be accompanied by a disclaimer to the effect that such development would not be affected by the annexation vote. (Ord. 08-06 § 3, 2008)
4.10.220 Election procedures.
A. Pursuant to ORS 222.130(1), the ballot title for a proposal for annexation shall contain a general description of the boundaries of each territory proposed to be annexed. The description shall use streets and other generally recognized features. Notwithstanding ORS 250.035, the statement of chief purpose shall not exceed 150 words. The city attorney shall prepare the ballot title wording.
B. Pursuant to ORS 222.130(2), the notice of an annexation shall be given as provided in ORS 254.095 and 254.205, except that in addition the notice shall contain a map indicating the boundaries of each territory proposed to be annexed.
C. Pursuant to ORS 222.111(7), two or more proposals for annexation of territory may be voted upon simultaneously; however, each proposal shall be stated separately on the ballot and voted on separately. (Ord. 08-06 § 3, 2008)
4.10.230 Annexation reports.
Upon approval by the voters of the proposed annexation, the city council, by ordinance, shall set the boundaries of the area to be annexed by a legal description, adopt findings, and proclaim the results of the election. Within 20 days of council approval of the annexation, the city shall report all changes in the boundaries or limits of the city to the county clerk and county assessor and Secretary of State’s office. (Ord. 08-06 § 3, 2008)
4.10.240 Effective date of annexation.
The annexation shall be complete from the date of filing with the Secretary of State as provided in
ORS 222.150, 222.160, 222.170, and 111.900. Thereafter, the annexed territory shall be and shall remain part of the city. The date of such filing shall be the effective date of annexation, provided such filing is not made later than 90 days prior to a general or primary election; otherwise the effective date of such annexation shall be the day after the primary or general election. (Ord. 08-06 § 3, 2008)