TO: Mayor and City Council
THROUGH: Steve Powers, City Manager
FROM: Norman Wright, Community Development Director
SUBJECT:
title
Petitioner-Initiated Annexation of Territory Located at Ash Grove Subdivision and Adjacent Lands - Hollywood Drive, NE (Annexation Case No. C-741)
Ward(s): 6
Councilor(s): Hoy
Neighborhood(s): NOLA
Result Area(s): Good Governance; Safe Community; Safe, Reliable and Efficient Infrastructure
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SUMMARY:
summary
This is a petitioner-initiated, voter-exempt annexation of Ash Grove Subdivision and Adjacent Lands, a territory containing 3.30 acres outside the existing right-of-way of Hollywood Drive NE and 2,436 square feet within the existing right-of-way of Hollywood Drive NE - 97305 (Marion County Assessor Map and Tax Lot Number 072W18AC / 9400, 9500, 9600, 9700, 9800, 9900, 10000, 10100, 10200, 10300, 10400, 10500, 10600, 10700), for the purpose of obtaining City services. The annexation would include a concurrent application of City zoning of RS (Single Family Residential). A vicinity map is included as Attachment 1.
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ISSUE:
Shall City Council adopt Order No. 2021-6 ANX determining that the proposal meets the applicable criteria, applying City zoning for the territory, and approving withdrawal of the territory from the East Salem Sewer and Drainage District and Marion County Fire District #1?
RECOMMENDATION:
recommendation
Adopt Order No. 2021-6 ANX determining that the proposal meets the applicable criteria, applying City zoning for the territory, and approving withdrawal of the territory from the East Salem Sewer and Drainage District and Marion County Fire District #1.
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FACTS AND FINDINGS:
1. The Petitioner has met the annexation, petition, application, information submission, fee, waiver, and all other requirements for petitioner-initiated annexations including, but not limited to, those found in ORS Chapter 222, SRC Chapter 260, SRC 260.030, SRC 260.035, and SRC 260.040.
Order No. 2021-6 ANX is included as Attachment 2. Its Exhibits include Exhibit A - Petition (Attachment 3), Exhibit B - Territory Legal Description and Map (Attachment 4), and Exhibit C - Findings (Attachment 5).
In 2017, Thomas Kay, Jr., the owner of a 3.3-acre property at on Hollywood Drive NE - 97305 (Marion County Assessor Map and Tax Lot Number 072W18AC02002), submitted a subdivision application to Marion County (Subdivision Case No. 17-001) that was dependent upon connecting to City services. Because the property was located in the East Salem Sewer and Drainage District and contiguous to City limits, Salem City Council and Public Works Department policy allowed water and sewer connections to City services to be authorized once the applicant had filed for annexation, City Planning staff had determined that the annexation application was complete, and the applicant had signed and recorded an annexation agreement to protect the City in case of ownership changes. On July 30, 2018, Mr. Kay stated that connections to City services would likely not occur until 2019 at the earliest, after the subdivision was approved and constructed.
On March 12, 2019, Thomas Kay, Jr., for The Thomas Kay Co., owner of the 3.3-acre property at on Hollywood Drive NE - 97305 (Marion County Assessor Map and Tax Lot Number 072W18AC02002), filed an application for annexation of the property. On June 12, 2019, Mr. Kay paid the filing fee. On June 13, 2019, Mr. Kay submitted a signed annexation application, signed petition, and recorded annexation agreement; staff determined that the annexation application was complete; and Mr. Kay became eligible to obtain approval to connect the proposed subdivision lots within the territory to City services. On October 19, 2020, the subdivision plat was recorded (Attachment 6), and staff moved forward with the annexation process.
The owners of all of the parcels in the original territory have requested annexation and submitted a valid triple majority annexation petition (Attachment 3). The annexation agreement submitted by the petitioner runs with the land and binds subsequent property owners to complete the annexation.
The triple majority requirements of ORS 222.170(1) are satisfied because the owners of the petitioned property represent 100 percent of the owners of the land to be annexed and own 100 percent of the land to be annexed, which is 100 percent of the assessed value of the territory.
State law (ORS 222.111 to 222.180) was amended in 2016 through Senate Bill 1573 to prohibit cities that have voter approved annexation from submitting an annexation decision to the voters if all of the owners of the property proposed to be annexed have submitted the annexation petition. The law further specifies that in order for the voter approval prohibition to apply, the territory proposed for annexation must be included within an urban growth boundary, be subject to an acknowledged comprehensive plan upon annexation, be contiguous to the city limits, and the proposal shall comply with all other requirements of the city’s ordinances.
This annexation is subject to SB 1573 because all the owners of the property have applied for annexation.
The law prohibits a city only from referring the question of annexation to voters, but does not mandate a city to annex a property simply because a petition has been received. The city council, as the governing body, retains ultimate authority of whether to annex a property.
2. The territory (Attachment 4) consisted of one tax lot (Marion County Assessor Map and Tax Lot Number 072W18AC02002) at the time the annexation application and petition were submitted. After recording of the Ash Grove subdivision (Attachment 6), the territory now consists of 14 platted lots (Marion County Assessor Map and Tax Lot Number 072W18AC / 9400, 9500, 9600, 9700, 9800, 9900, 10000, 10100, 10200, 10300, 10400, 10500, 10600, 10700) and two street rights-of-way.
3. The territory is contiguous to the city limits on the east along Hollywood Drive NE and on the south to properties that are zoned City of Salem RA (Residential Agriculture). The territory, zoned Marion County UD (Urban Development), abuts properties that are zoned Marion County UD (Urban Development), Marion County RS (Single Family Residential), and Marion County RM (Multiple Family Residential).
4. Under SRC 260.045, territory annexed into the City is automatically given the Salem Area Comprehensive Plan and zoning designations that are equivalent to the applicable county zoning designations, unless the petitioner or City Council propose a new Comprehensive Plan/zone designation.
The property owners of the territory have not proposed a new Comprehensive Plan or zone designation, and unless the City Council proposes a different designation, the City equivalent Comprehensive Plan designation of Single Family Residential and RS (Single Family Residential) zone will be applied to the territory.
5. Annexation of the territory would create an enclave consisting of three tax lots south of the territory at 2995, 3005, and 3035 Hollywood Drive NE (Marion County Assessor Map and Tax Lots 073W18AC / 01901, 02000, and 02001). Pursuant to SRC 260.060(b)(1), staff mailed notice of the proposed annexation hearing to the owners of those properties including a description of the proposed annexation, the city and state laws and regulations applicable to enclaved territory, and notice of the potential of their properties to become an enclave.
6. Public and Private Facilities and Services Comments
A. The Public Works Department has reviewed the proposal and submitted a memorandum regarding parks (Attachment 7). The territory is within the 0.5-mile service area of McKay Community Park.
B. The territory will be withdrawn from Marion County Fire District #1 upon annexation. The Salem Fire Department submitted comments indicating that the response time to this location is approximately four minutes and 30 seconds from receipt of call. Primary fire protection and EMS service would be provided from Fire Station No. 8 located at 4000 Lancaster Drive NE (Attachment 8).
C. The Salem Police Department received notice of the proposal and submitted no comments.
D. The Development Services Section of the Public Works Department submitted comments stating that the territory is located outside the Urban Service Area (USA), but adequate facilities are available, and no Urban Growth Area Development Permit would be required if the applicant proposes to develop the property as defined in SRC Chapter 200 (Attachment 9).
E. The Finance Department submitted comments regarding property tax limits, rates and other information related to the financial impacts of annexation (Attachment 10).
F. Salem-Keizer School District received notice of the proposal and submitted comments estimating that six students would be added to schools if the property is fully developed (Attachment 11).
G. Marion County Public Works commented that the Ash Grove Subdivision is not out of the warranty period for construction of road improvements, and Tom Kay must replant or salvage plantings in the bio-swale along Tierra Drive NW.
7. Neighborhood Association and Citizen Comments
The City notified the North Lancaster Neighborhood Association (NOLA) of the proposed annexation. No comments were submitted by the Neighborhood Association.
Staff received written comments from one citizen regarding the annexation:
• This property contains water retention swales between the curb and sidewalks. Will the maintenance of these units become the responsibility of the city?
Staff Response: All of the water quality swales were designed and constructed to Public Works Design Standards. Once the development is annexed into the City, the City will be responsible for owning and maintaining the Public Stormwater swales and infrastructure.
• The roadway on Ash Grove Court is very narrow and has posted signage to direct parking; this has been ignored by the residents and their guests. In the case of an emergency, this disregard for parking rules may be detrimental to the safety of the homes located at the road’s end. If annexed, will Salem enforce the posted signs?
Staff Response: Parking Services will have authority to enforce the NO PARKING restriction after the property is annexed into the City.
8. Salem Revised Code (SRC) 260.060(c) requires the Council to determine whether or not the proposed annexation meets the following criteria:
(1) The proposed land use designations are consistent with the Salem Area Comprehensive Plan and applicable Statewide Planning Goals;
(2) The annexation will result in a boundary in which services can be provided in an orderly, efficient, and timely manner;
(3) The uses and density that will be allowed can be served through the orderly, efficient and timely extension of key urban facilities and services;
(4) The public interest would be furthered by the referral of the annexation to the voters.
Attachment 5, Exhibit C of Order No. 2021-6 ANX, contains findings demonstrating compliance with these criteria. In regard to the “public interest” criterion, because the annexation will not be referred to the voters, this criterion is not directly applicable. However, staff’s proposed findings under this criterion conclude that the annexation itself is consistent with the Comprehensive Plan and would further the public interest.
9. As demonstrated by the Facts and Findings and the findings found in Attachment 5, Exhibit C of Order No. 2021-6 ANX, the proposed annexation and service district withdrawal conform to State law requirements and the criteria found in SRC 260.060(c). The annexation and application of City zoning of the Territory are consistent with the public interest.
For these reasons, staff recommends that the City Council:
Adopt Order No. 2021-6 ANX determining that the proposal meets the applicable criteria, applying City zoning for the territory, and approving withdrawal of the territory from the East Salem Sewer and Drainage District and Marion County Fire District #1.
BACKGROUND:
On March 12, 2019, Thomas Kay, Jr., for The Thomas Kay Co., owner of the 3.3-acre property at on Hollywood Drive NE - 97305 (Marion County Assessor Map and Tax Lot Number 072W18AC02002), filed an application for annexation of the property. On June 12, 2019, Mr. Kay paid the filing fee. On June 13, 2019, Mr. Kay submitted a signed annexation application, signed petition, and recorded annexation agreement; staff determined that the annexation application was complete; and Mr. Kay became eligible to obtain approval to connect the proposed subdivision lots within the territory to City services. On October 19, 2020, the subdivision plat was recorded (Attachment 6), and staff moved forward with the annexation process.
Notice of the public hearing was duly mailed to those entitled to notice at least 10 days before the hearing in accordance with SRC 260.060(b) and published once a week for two successive weeks prior to the day of the hearing and posted in four public places for a like period in accordance with ORS Chapter 222.
Pamela Cole
Planner II
Attachments:
1. Vicinity Map
2. Order No. 2021-6 ANX Adopting the Final Decision and Findings of Compliance
3. Exhibit A - Petition
4. Exhibit B - Territory Legal Description and Map
5. Exhibit C - Findings for Order No. 2021-6 ANX
6. Ash Grove Subdivision Plat
7. Public Works Department Parks Comments
8. Fire Department Comments
9. Public Works Department Development Services Section Comments
10. Finance Department Comments
11. Salem-Keizer School District Comments