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HomeMy WebLinkAbout2792 Annexation Approval StndrdORDINANCE NO, 2792 AN ORDINANCE REPLACING CHAPTER 18.106 OF THE ASHLAND MUNICIPAL CODE IN ORDER TO MODIFY APPROVAL STANDARDS FOR ANNEXATIONS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.106 of the Ashland Municipal Code is replaced in its entirety as follows: "Chapter 18.106 ANNEXATIONS Sections: 18.106.010 18.106.020 18.106.025 18.106.030 18.106.040 18.106.050 18.106.060 Procedure Application Initiation by Council or Commission Approval Standards Boundaries Statutory Procedure Procedure 18.106.010 Procedure. All annexations shall be processed under the Type III procedure. 18.106.020 Application. Except for annexations initiated by the council or commission pursuant to section 18.106.025, application for annexation shall include the following information: Consent to annexation which is non-revokable for a period of one year from its date. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510. Boundary description and map prepared in accordance with ORS 308.225. Such description and map shall be prepared by a registered land surveyor. The boundaries shall be surveyed and monumented as PAGE 1 -(p:planning\annex\anne2n96.ord) required by statute subsequent to Council approval of the proposed annexation. D. Written findings addressing the criteria in 18.106.030. E. Written request by the property owner for a zone change. Provided, however, no written request shall be necessary if the annexation has been approved by a majority vote in an election meeting the requirements of Section 1 lg of Article Xl of the Oregon Constitution (Ballot Measure No. 47). 18.106.025 Initiation by Council. A proposal for annexation may be initiated by the council or commission on its own motion. The approval standards in section 18.106.030 shall apply. Provided, however, that in the case of annexation pursuant to section 18.106.030.4 (current or probable public health hazard due to lack of full City sanitary sewer or water services) or section 18.106.030.6 (the lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits), the approval standards in section 18.106.030.E, F and G shall not apply. 18.106.030 Approval standards. An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to PAGE 2-(p:planning\annex\anne2n96.ord) the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area PAGE 3-1p:plannin0\annex\~,n.e2n96.ord) containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all residential annexations of four units or greater 1. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification 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; or 2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or PAGE 4-{p:planning\annex\anne2n96.ord) 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. 18.106.040 Boundaries. When an annexation is initiated by a private individual, the Staff Advisor may include other parcels of property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land which are not incorporated but are partially or wholly surrounded by the City of Ashland. The Staff Advisor, in a report to the Commission and Council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed. The purpose of this section is to permit the Planning Commission and Council to make annexations extending the City's boundaries more logical and orderly. 18.106.050 Statutory procedure. The applicant for the annexation shall also declare which procedure under ORS Chapter 222 the applicant proposes that the Council use, and supply evidence that the approval through this procedure is likely. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the /7 day of ~¢(jg/~ , 19,¢"~ and duly PASSED and ADOPTED this Y day of ,,,,.~/~.¢~'~_.¢ ,19,¢/'7.. / Barbara Christensen, City Recorder SIGNED and APPROVED this __ day of Catherine M. Golden, Mayor PAGE 5-(p:planning\annex\anne2n96.ord)