Madras City Zoning Code
18.70 Annexation
The petitioner for annexation shall complete a petition on the form provided by the Community Development Department and remit the applicable fee. The petition shall include:
(1) A map depicting the proposed annexation;
18.70.010 Purpose.
The purpose of this chapter is to:
(1) Implement the policies of the Comprehensive Plan;
(2) Provide for City review of all annexation requests for a determination of the availability of facilities and services as related to the proposal;
(3) Provide for dissemination of public information and for sufficient time for public review;
(4) Provide for City and County coordination of a request for an annexation; and
(5) Provide for an expedited process by establishing procedures whereby the annexation and zoning, if applicable, may be considered concurrently; and
(6) Process annexations consistent with state law. [Ord. 933 § 14.1, 2019.]
18.70.020 Annexation procedure.
Annexation is a legislative land use decision and is subject to applicable provisions of the City of Madras Comprehensive Plan, Oregon Revised Statutes, and Oregon Administrative Rules. An annexation petition may be initiated by any person or by the City Council by resolution. Except as otherwise provided in MDC 18.70.050 through 18.70.080 or by state law, annexation petitions shall follow the procedures set out below:
(1) Any person who wishes to petition for the annexation of territory into the City shall participate in a pre-application conference prior to filing a petition for annexation. The purpose of the pre-application conference shall be to inform the person of the process for annexing territory into the City and to discuss the annexation proposal.
(2) Petitioners shall submit a completed petition on the form prescribed by the City, along with the applicable fee, to the City of Madras Community Development Department.
(3) If the submitted petition for annexation is complete, the Community Development Director shall schedule a public hearing before the City’s Planning Commission, followed by a public hearing before the City Council for a decision on the proposed annexation. Notice will be provided, and comments solicited from, affected City Departments, state agencies, and special districts.
(4) The Community Development Director, or their designee, shall prepare a report summarizing solicited comments and indicating the degree to which the petition is consistent with the provisions of this Code and other applicable criteria including, but not limited to, compliance with existing approvals and agreements.
(5) The Planning Commission shall conduct a public hearing to determine a recommendation to the City Council to approve, approve with conditions or modifications, or deny the feasibility of the annexation proposal based on the applicable criteria as set forth in MDC 18.70.040. The Planning Commission shall state its recommendation, along with supporting rationale, in writing.
(6) The City Council, by ordinance, may approve the annexation following a public hearing and after making findings that the criteria set out in MDC 18.70.040 have been met.
(7) All public hearings for an annexation petition shall be noticed in accordance with ORS Chapter 222. Additionally, where an annexation, if approved, would create an island of unincorporated property, those property owners of record within the potential island shall be notified. Such notification shall expressly alert the owners of the potential for formation of an island.
(8) Where a vote on a proposed annexation is required, the City shall submit the question to the Jefferson County Clerk. If, following the vote, the City Council finds that a majority of the eligible votes cast are in favor of the annexation, the City Council shall, by ordinance, proclaim the annexation.
(9) Territory annexed into the City shall automatically be given the City Comprehensive Plan designation and zoning designation that is the equivalent to the applicable County designations unless one or more of the following apply:
(a) The petitioner requests a new Comprehensive Plan designation or a zoning designation other than the equivalent City designation in the petition for annexation and files a separate application for zone change and plan amendment;
(b) The City Council proposes a new Comprehensive Plan designation or a zoning designation other than the equivalent City designation in the ordinance proclaiming the annexation; or
(c) The equivalent City designation is inconsistent with the City of Madras Comprehensive Plan, in which case a plan amendment and/or zone change application will be required. [Ord. 933 § 14.2, 2019.]
18.70.030 Petition for annexation.
The petitioner for annexation shall complete a petition on the form provided by the Community Development Department and remit the applicable fee. The petition shall include:
(1) A map depicting the proposed annexation;
(2) Specific information on each parcel within the proposed annexation area, including:
(a) Current assessed valuation as shown on the Jefferson County Assessor’s tax rolls;
(b) Acreage of both public and private property to be annexed;
(c) Map and tax lot number(s);
(d) A legal description of the territory to be annexed, meeting the relevant requirements of ORS 308.225;
(e) Situs address(es); and
(f) The owner(s) of record and mailing address(es) of the owner(s) of record.
(3) A list of registered voters in the proposed annexation area.
(4) Where applicable, consent to annexation forms, provided by the City, with notarized signatures of all property owners and electors within the proposed annexation area.
(5) Written findings, which address the following:
(a) Existing land uses within the annexation area.
(b) Existing zoning within the annexation area and proposed zoning that is consistent with the Comprehensive Plan.
(c) Whether the annexation area includes the jurisdiction of any special district as defined by ORS 198.010 and whether the annexed area will be withdrawn from the jurisdiction of the special district.
(d) The present availability of urban services within the proposed annexation area, a description of existing infrastructure, the present capacity of existing urban services and supporting infrastructure, the cost of extending and/or improving urban service infrastructure to City standards, and the method and source of financing the costs of extending and/or improving urban service infrastructure to City standards for the following services:
(i) Sanitary sewers;
(ii) Storm drainage;
(iii) Streets;
(iv) Water;
(v) Fire;
(vi) Police;
(vii) Power;
(viii) Schools; and
(ix) Parks.
(e) Where a zone change is requested or contemplated, a statement indicating the type and nature of any Comprehensive Plan text or map amendment or Development Code or zoning map amendments that will be sought. A separate zone change and/or plan amendment application shall be filed and may be processed concurrently. [Ord. 933 § 14.3, 2019.]
18.70.040 Annexation criteria.
Except as otherwise provided in MDC 18.70.050 through 18.70.080 or by state law, lands may be annexed only if the City Council finds that the following criteria are met:
(1) The annexation complies with all applicable provisions of ORS 222.
(2) The proposed annexation area is contiguous to the City limits as defined in and as required by ORS 222.
(3) The property is located within the urban growth boundary.
(4) The annexation meets at least one of the following purposes:
(a) To serve lands needing City water or sewer to alleviate a present or potential health hazard;
(b) To provide land to accommodate future urban development;
(c) To provide land for provision of needed transportation or utility facilities;
(d) To ensure that lands adjacent to the City are developed in a manner consistent with City standards; or
(e) The annexation is otherwise permitted by the applicable state law.
(5) The annexation is timely and the petitioner has adequately addressed infrastructure supply and demand issues. This criterion is satisfied where:
(a) An adequate level of the urban services, including, without limitation, water, sewer, transportation, parks, and police services, and infrastructure supporting those urban services, is presently provided in the annexation area;
(b) The City and other service providers are readily capable of extending or upgrading urban services and infrastructure to the area proposed for annexation without undue cost, negatively impacting existing systems, or inhibiting the adequacy of urban services to existing areas within the City limits; or
(c) Where urban services and infrastructure cannot readily be extended or upgraded, that the fiscal impacts to the City and other service providers of extending or upgrading urban services and supporting infrastructure have been mitigated through an annexation agreement or other mechanism approved by the City Council.
(6) The proposed annexation complies with the Comprehensive Plan.
(7) The proposed annexation is compatible with the existing topography, potential for future land division, natural hazards, and other related considerations.
(8) The City Council may require an annexation agreement or otherwise condition approval of an annexation as necessary to achieve compliance with the provisions of this section. [Ord. 933 § 14.4, 2019.]
18.70.050 Annexation by consent.
The City need not hold an election in the City or in any contiguous territory proposed to be annexed, or hold any hearing required by ORS 222 when all the owners of land and the requisite number of electors in that territory consent in writing to the annexation of the land in the territory and file a statement of their consent with the City. Once consent for annexation has been executed, the City, by ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. [Ord. 933 § 14.5, 2019.]
18.70.060 Annexation by triple majority.
(1) The City need not hold an election in the City or in any contiguous territory proposed to be annexed, or hold any hearing required by ORS Chapter 222, if more than half of the owners of land in the territory, who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory, consent in writing to the annexation of their land in the territory.
Once consent for annexation has been executed, the City, by ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. At the hearing on the ordinance, property owners who have not consented to annexation may testify in favor or against its passage. All property owners shall be notified of the hearing at least ten (10) days prior to the hearing.
(2) The public hearing for property owners may be held at the same time as the passage of the ordinance or at another time. [Ord. 933 § 14.6, 2019.]
18.70.070 Health hazard annexation.
The City shall annex those areas constituting a state-declared health hazard in accordance with state law, taking into consideration the ability of the City to provide necessary services. [Ord. 933 § 14.7, 2019.]
18.70.080 Island annexations.
The City may initiate an annexation of unincorporated territory surrounded by the City (an “island annexation”) upon filing a petition with the Community Development Department. The criteria applicable to an island annexation are set out in ORS Chapter 222, the City of Madras Comprehensive Plan, and the state land use goals. The Planning Commission shall hold a public hearing on the proposed annexation and make a recommendation to the City Council. The City Council shall then hold a public hearing on the island annexation petition after which the City Council may adopt the island annexation by ordinance. Notice of each public hearing shall be sent to the record owner of each property subject to annexation. Where properties to be annexed are zoned for, and in, residential use, the City shall establish an effective date that is at least three years, but no more than 10 years, from the date the City approves the island annexation. The City shall provide the notice of a delayed effective date to the Jefferson County Clerk in the manner described in ORS 222.750. [Ord. 933 § 14.8, 2019.]
18.70.090 Filing of annexation records.
The City shall report all changes in the boundaries of the City to the Jefferson County Clerk, Jefferson County Assessor, utility service providers, affected special districts, the Oregon Department of Revenue, the Oregon Secretary of State, and any other entities or persons as required by state law. [Ord. 933 § 14.9, 2019.]