The purpose of this chapter is to carry out the provisions of ORS 268.354 and Metro Code Chapter 3.09. This chapter provides standards and procedures for all boundary change proposals and step one review of annexation proposals. The step one review process is a land use decision which shall determine whether the proposed annexation is consistent with the intent of the West Linn Comprehensive Plan and Community Development Code. Step two review for annexation proposals shall follow the procedures outlined in Municipal Code Chapter 2. The step two process is a legislative decision by the City Council that the proposed annexation is appropriate to be placed before the voters for a final decision. For the purpose of this chapter, the term “boundary change” includes the formation, merger, consolidation, or dissolution of a city or district; annexation or withdrawal of territory to or from a city or district, or from a city-county to a city; or an extra-territorial extension of water or sewer service by a city or district. (Ord. 1442, 1999)

A.    Boundary change proposals shall be considered by the City Council. The Council decision on the proposal shall be considered the final decision for purposes of compliance with Metro Code Chapter 3.09.

B.    Notice of the Council hearing to consider the boundary change proposal shall follow the procedures of CDC 99.080(D) (quasi-judicial amendments), as well as the uniform notice requirements provided in Metro Code Section 3.09.030.

C.    A staff report shall be issued prior to the hearing pursuant to the requirements of CDC 99.040 and Metro Code 3.09.050(b).

D.    The final decision shall be made by the Council after a public hearing. The decision shall be reduced to writing and shall follow the requirements of CDC 99.110 and uniform hearing requirements of Metro Code Section 3.09.050.

E.    Should a proposal for annexation of property to the City obtain final approval through this step one process, the proposal will be set on the agenda of a Council meeting for consideration under the step two process as set forth in Section 2.950(2)(b) through (d) of the Municipal Code. A proposal for any other boundary change shall be considered pursuant to the provisions of State law. (Ord. 1442, 1999)

A.    A petition to annex to the City of West Linn may be initiated by a property owner(s) of the area to be annexed, or the City, as set forth in Section 2.950(1) of the City Code.

B.    A prerequisite to the filing of an annexation petition is a pre-application conference at which time the Director shall explain the requirements and provide the appropriate forms as specified in CDC 99.030(B) and (C).

C.    A petition to annex shall include the completed petition form and three copies of each of the following, except for each drawing submitted, there shall be three copies at the original scale and three copies reduced to a paper size not greater than 11 inches by 17 inches.

1.    The minimum petition requirements of Metro Code Section 3.09.040.

2.    A narrative which addresses the approval criteria set forth in Municipal Code Section 2.920 and Metro Code Sections 3.09.050(d) and, if applicable, (e).

3.    Vicinity, legal, and other descriptive maps necessary to show compliance with Municipal Code Section 2.920 and Metro Code 3.09.040.

D.    A petition of any type of boundary change, other than annexation, shall be processed as provided by State law and Metro Code Chapter 3.09.

E.    The applicant shall pay the requisite fee. The fee for a boundary change shall be established by resolution of the City Council. (Ord. 1442, 1999)

The City Council shall approve a boundary change proposal based on findings and conclusions that the proposal complies with the criteria of Metro Code Section 3.09.050(D) and:

A.    West Linn Municipal Code Section 2.920, Step 1: Land Use Decision.

1.    The application of the zoning designation shall follow the criteria in CDC 81.055.

B.    West Linn Municipal Code Section 2.930, Step 2: Policy Decision. (Ord. 1442, 1999; Ord. 1635 § 29, 2014; Ord. 1675 § 52, 2018)

A decision on annexation shall also incorporate a decision on a zoning designation. The applicant may concurrently apply for a comprehensive plan amendment if desired. Any approval of an annexation shall designate the City zone to be applied if the annexation is approved by the voters. The City zone shall be designated based upon the existing West Linn comprehensive plan/land use designation, pursuant to the following table:

Where the City Council has discretion to apply zoning, the Council shall consider the following factors in making its decision:

A.    Specific site characteristics such as topography, drainage, and existing vegetation.

B.    The existing zoning and development patterns of surrounding properties.

C.    The capacity of the City to provide road, sanitary sewer, storm drainage, and water service to the site. (Ord. 1442, 1999; Ord. 1528, 2005; Ord. 1590 § 1, 2009; Ord. 1635 § 30, 2014)

A.    A petition for any type of minor boundary change may be processed through an expedited process as provided by Metro Code Chapter 3.09.

B.    An expedited boundary change proposal may be considered by the City Council without a public hearing. The Council decision on the proposal shall be considered the final decision for purposes of compliance with Metro Code Chapter 3.09.

C.    Petition requirements for expedited applications shall be listed in CDC 81.040, except that the initiation of an expedited boundary change petition must follow the requirements of Metro Code 3.09.045(a).

D.    Notice of petition for an expedited process must be provided a minimum of 20 days prior to the final decision and shall follow the expedited notice requirements provided in Metro Code Section 3.09.045(b).

E.    A brief report shall be issued at least seven days prior to the decision date pursuant to the requirements of Metro Code 3.09.045(c).

F.    The City Council shall approve or deny an expedited boundary change proposal based on the criteria listed in CDC 81.050.

G.    An expedited process cannot be used if a necessary party gives written notice to contest the decision pursuant to Metro Code 3.09.045(b). (Ord. 1442, 1999; Ord. 1635 § 31, 2014)

Repealed by Ord. 1635. (Ord. 1442, 1999)