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 the SE Corner of Kuebler Blvd SE and 36th Ave SE - 97317 (Annexation Case No. C-733)
Ward(s): 3
Councilor(s): Nanke
Neighborhood(s): SEMCA
Result Area(s): Good Governance; Safe Community; Safe, Reliable and Efficient Infrastructure
end
ISSUE:
Shall the City Council:
1. Find that the Petitioners have signed a valid triple majority petition for annexation of the Territory, in conformance with Oregon Revised Statutes (ORS) Chapter 222;
2. Determine that the Petition satisfies the criteria of Salem Revised Code (SRC) 260.060(c) and adopt Order No. 2020-1 ANX (Attachment 2);
3. Apply the City of Salem IG (General Industrial) zone to the Territory from Marion County IG (General Industrial); and
4. Withdraw the Territory from Salem Suburban Rural Fire Protection District and Turner Fire District?
RECOMMENDATION:
recommendation
1. Find that the Petitioners have signed a valid triple majority petition for annexation of the Territory, in conformance with Oregon Revised Statutes (ORS) Chapter 222;
2. Determine that the Petition satisfies the criteria of Salem Revised Code (SRC) 260.060(c) and adopt Order No. 2020-1 ANX (Attachment 2);
3. Apply the City of Salem IG (General Industrial) zone to the Territory from Marion County IG (General Industrial); and
4. Withdraw the Territory from Salem Suburban Rural Fire Protection District and Turner Fire District.
body
SUMMARY:
This is a petitioner-initiated annexation of a 4.94-acre territory located at the SE Corner of Kuebler Boulevard SE and 36th Avenue SE (Marion County Assessor Map and Tax Lot 082W07C01801), including approximately 0.33 acres of Boone Road SE right-of-way. A vicinity map is included as Attachment 1.
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.
The property owner filed the application and petition for annexation of the subject property, which is approximately 1.06 acres. The Territory consists of one parcel.
The owner has requested annexation and submitted a valid triple majority annexation petition (Attachment 2, Exhibit A).
The triple majority requirements of ORS 222.170(1) are satisfied because the owner of the petitioned property represents 100 percent of the owners of the land to be annexed and owns 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. The City of Corvallis filed a legal challenge to the new law asserting, among other challenges, that the law violates the home rule authority of cities. The circuit court rejected Corvallis’s arguments, and dismissed the claims. That decision is currently on appeal to the Oregon Court of Appeals.
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 consists of one parcel which is undeveloped.
3. The territory is contiguous to the city limits on the north, east, and southwest. The territory has frontage on Kuebler Boulevard SE to the north and Boone Road SE to the south. An adjacent property north of Kuebler Boulevard SE and an abutting property to the east are zoned City of Salem IG (General Industrial). Abutting property to the west is zoned Marion County IG (General Industrial), and adjacent properties to the south are zoned Marion County IG-LU (General Industrial - Limited Use) and UT-10 (Urban Transition - 10 Acres).
The majority of the territory is within the Salem Suburban Rural Fire Protection District. The southern area within the Boone Road right-of-way is within the Turner Fire District.
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 Industrial and IG (General Industrial) zone will be applied to the territory.
5. Public and Private Facilities and Services Comments
A. The Public Works Department has reviewed the proposal and submitted a memorandum regarding parks (Attachment 3).
B. The territory will be withdrawn from Salem Suburban Rural Fire Protection District and Turner Fire District upon annexation. The Salem Fire Department submitted comments indicating that the response time to this location is approximately four minutes and 19 seconds from receipt of call. Primary fire protection and EMS service would be provided from Fire Station No. 9 located at 5080 Battlecreek Road SE (Attachment 4).
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 (Attachment 5) stating that the territory is located outside the Urban Service Area (USA) and an Urban Grown Area Development Permit will be required if the applicant proposes to develop the property as defined in SRC Chapter 200.
E. The Finance Department submitted comments regarding property tax limits, rates and other information related to the financial impacts of annexation (Attachment 6).
F. Salem-Keizer School District received notice of the proposal and submitted no comments.
G. The Santiam Water Control District (SWCD) submitted the following comments:
The subject property is within SWCD boundaries and has a contract with the District for delivery of irrigation water. The property is subject to rules, regulations, and bylaws of Santiam Water Control District and a key component of the water delivery system Coates lateral. The City should require approval from the District prior to annexation. The City has no stormwater facilities capable to serve the property, and the District has presented credible proof it is the owner of the Coates lateral. The farm ground and water assessment are critical to the successful operation and maintenance of that District facility. The district easements do not appear on the supplied exhibits. We will be independently engaging Public Works to work cooperatively on this issue looking ahead.
6. Neighborhood Association and Citizen Comments
The City notified the Southeast Mill Creek Association (SEMCA) of the proposed annexation. No comments were submitted by the Neighborhood Association.
Staff has not received any written citizen comments regarding the annexation.
7. Special District - Santiam Water Control District (SWCD)
The territory is within the Santiam Water Control District. Based on the comments from the Santiam Water Control District above, staff recommends that this territory not be withdrawn from the SWCD at the time of annexation.
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 2, Exhibit C 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 2, Exhibit C, 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:
1. Find that the Petitioners have signed a valid triple majority petition for annexation of the Territory, in conformance with Oregon Revised Statutes (ORS) Chapter 222;
2. Determine that the Petition satisfies the criteria of Salem Revised Code (SRC) 260.060(c) and adopt Order No. 2020-1 ANX (Attachment 2);
3. Apply the City of Salem IG (General Industrial) zone to the Territory from Marion County IG (General Industrial); and
4. Withdraw the Territory from Salem Suburban Rural Fire Protection District and Turner Fire District.
BACKGROUND:
On December 3, 2018, Steve Ward of Westech Engineering submitted an annexation application and valid triple-majority annexation petition on behalf of the petitioner and property owner, John B. Trelstad, who paid the filing fee.
This petition has been scheduled for a public hearing before the City Council for January 27, 2020. 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. 2020-1 ANX Adopting the Final Decision and Findings of Compliance
3. Public Works Department Parks Comments
4. Fire Department Comments
5. Public Works Department Development Services Section Comments
6. Finance Department Comments