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ENB-1.03 - Expedited Process for Minor Boundary Changes

EXPEDITED PROCESS FOR MINOR BOUNDARY CHANGES
Binding City Policy
BCP-ENB-1.02


PURPOSE

The Council finds that:

1. Minor boundary changes (which include annexations and extraterritorial water and sewer line extensions) are processed following state statute and Metro Code requirements. Currently, each change must go through a City Council hearing.

2. Metro Code Section 3.09.045, Expedited Process, allows a jurisdiction to establish an expedited process for uncontested minor boundary changes. The expedited process is limited to proposals that are initiated by petitions signed by 100 percent of the property owners and 50 percent of the electors, if any, in the affected territory.

3. Establishment of an expedited process allows for a shorter notification period (20 days instead of 45 days), production of a staff report 7 days prior to the decision date instead of 15 days, and eliminates the need for a public hearing.

4. The Metro Code requires that notice of expedited proposals be given to "interested parties" but does not define the term. The City intends to provide notice to surrounding property owners and affected recognized organizations.

5. The Planning Commission voted to recommend that City Council establish the expedited review process at their August 12, 2003 meeting. They found the creation of the expedited review process consistent with Urban Development Policy 2.3, Annexation, and Public Facilities Policy 11.1 B, Service Responsibility, of the Comprehensive Plan. However, the Commission did recommend that the notice period for annexation and service extension cases using the expedited process be kept at 45 days instead of the allowed 20 days. The reason for the longer notice period is to give neighborhood associations adequate time to review these cases.

6. Prior to the Planning Commission hearing, Bureau of Planning staff notified those on their mailing list interested in general legislative issues of the Planning Commission hearing. This list includes City of Portland neighborhood and business associations.

7. The Bureau of Planning notified those who had testified or expressed interest in the outcome of the Planning Commission hearing of the September 10, 2003 City Council hearing on the creation of the expedited review process.


POLICY

NOW, THEREFORE, the Council directs:

a. As allowed by Metro Code Section 3.09.045, the City hereby establishes an expedited process for processing minor boundary changes including annexations and extraterritorial water and sewer line extensions. This is a Binding City Policy.

b. The expedited process may only be used for minor boundary changes where a petition initiating the minor boundary change is accompanied by the written consent of 100 percent of the property owners and at least 50 percent of the electors, if any, within the affected territory.

c. A petition for an expedited process shall be submitted to the Bureau of Planning on forms provided by the Bureau of Planning or their consultant.

d. Minor boundary change petitions processed through the expedited process do not require a public hearing and shall be placed on the City Council’s consent agenda.

e. The Bureau of Planning will mail a notice of an expedited proposal to necessary parties and interested parties at least 45 days prior to the decision date. The notice shall state that the petition is subject to the expedited process.

f. For purposes of the City’s expedited process, notice to "necessary parties" means notice to any:

1) County, city or district whose jurisdictional boundary or adopted urban service area includes or who provides any urban service to any part of the territory described in the petition;

2) Metro; and

3) Any other unit of local government that is a party to any agreement for provision of urban services to the territory described in the petition.

g. For the purposes of the City’s expedited process, notice to "interested parties" means notice to recognized neighborhood organizations and (1) owners of property within 100 feet of the territory described in the petition where the territory is wholly or in part within an urban growth boundary; (2) owners of property within 250 of the territory described in the petition where the territory is outside an urban growth boundary and not within a farm or forest zone; or (3) owners of property within 500 feet of the territory described in the petition where the territory is within a farm or forest zone.

h. The Bureau of Planning shall prepare a brief report regarding the minor boundary change petition and shall make the report available to the public at least 7 days prior to the Council’s first reading.

i. Consistent with Metro Code Section 3.09.045(c), the Bureau of Planning report shall address the following:

1) The information required by Metro Code Section 3.09.050 (b) :

a) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service;

b) A description of how the proposed boundary change complies with any urban service provider agreement adopted pursuant to ORS 195.065 between the affected entity and all necessary parties;

c) A description of how the proposed boundary changes is consistent with the comprehensive land use plan, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; and

d) The proposed effective date of the decision.

2) The criteria listed in Metro Code Section 3.09.050 (d):

a) Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065.

b) Consistency with directly applicable provisions of urban planning or other agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party;

c) Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans;

d) Consistency with specific directly applicable standards or criteria contained in the Regional Framework or any functional plan;

e) Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services;

f) The territory lies within the Urban Growth Boundary;

g) Consistency with other applicable criteria for the boundary change in question under state and local law.

3) The requirement of Metro Code Section 3.09.050 (g):"Only territory within the defined Metro Urban Growth Boundary at the time a petition is complete may be annexed to a city or included in territory proposed for incorporation into a new city. However, cities may annex individual tax lots partially within and without the Urban Growth Boundary." City Council shall approve a minor boundary change by ordinance.

j. If a necessary party gives written notice to the Bureau of Planning of its intent to contest the decision on the minor boundary change, the City may not use the expedited process.


Planning Commission’s Report and Recommendation: Creation of An Expedited Review Process for Uncontested Annexations and Service Extensions (pdf document 528 kb)


HISTORY

Ordinance No. 177897, passed by Council September 17, 2003.


Table of Contents
ENB-1.01 - Urban Services Policy
ENB-1.02 - Urban Services Program
ENB-1.03 - Expedited Process for Minor Boundary Changes