EXPEDITED PROCESS FOR MINOR BOUNDARY CHANGES
Binding City Policy
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
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
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.
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
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
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
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
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
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)
Ordinance No. 177897, passed by Council September 17,