CITY OF YAMHILL

ORDINANCE No.   O-461

AN ORDINANCE ANNEXING PROPERTY INTO THE CITY LIMITS OF THE CITY OF YAMHILL, AND DECLARING AN EMERGENCY.

WHEREAS, on August 1, 2001, the Planning Commission conducted a public hearing regarding an Annexation, at which time the public was given a full opportunity to be present and heard on the matter; and

WHEREAS, on August 1, 2001, the Planning Commission met to consider the proposed action, considered the information provided by City staff, the applicant and the public, and, upon deliberation voted to continue the matter to September 5, 2001 for deliberation; and,  

WHEREAS, on September 5, 2001, the Planning Commission reconvened to consider the proposed action, considered the information provided by City staff, the applicant and the public, and, upon deliberation voted to recommend the City Council approve the Annexation; and, 

WHEREAS, on October 24, 2001, the City Council met to consider the proposed action, considered the information provided by City staff, and, the recommendation of the Planning Commission.  NOW, THEREFORE,

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

Section 1.         The City Yamhill Council does hereby adopt those certain findings of fact and supporting documentation attached hereto as Exhibit "A" and by this reference made a part hereof.

Section 2.         The City of Yamhill Council does hereby Annex the following property into the City limits of the City of Yamhill, Oregon:

            Property located within Township 3 South; Range 4 West; Section 04; Tax Lot #2100 and Tax Lot #9400 as identified in Exhibit "B."

Section 3.         This ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, an emergency is declared to exist and this Ordinance shall be in full force and take effect immediately upon its passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this                day of                             , 2001.

FIRST READING:                                           CITY OF YAMHILL

SECOND READING:                  

By:                                                                  

Charles Mitchell

Mayor

By:                                                                  

Sandi Wodarczak

City Recorder

AYES:  _______

NAYS:  _______

            EXHIBIT "A"

CITY COUNCIL FINDINGS

            I. NATURE OF THE APPLICATION

This matter comes before the Yamhill City Council on the application of Charles Mitchell to Annex approximately 0.7 acres of land into the City limits of the City of Yamhill.

            II. GENERAL INFORMATION

A.        Location

The subject property is located near the end of 3^rd Street.  There is no property address and the County Assessor map places the property within Township 3 South; Range 4 West; Section 04; Tax Lot #2100 and Tax Lot #9400.  The land subject to the Annexation request contains portions of both tax lots that were located outside the City limits but within the Urban Growth Boundary.

B.         Site Description and Zoning

The approximate 0.70 acre subject area is vacant and designated "Residential" in the Yamhill Comprehensive Plan.     

C.        Adjacent Zoning and Land Use

Land within the City is located to the west and north and is zoned Single Family Residential (R-2).  

D.        Background Information

The applicant requested approval of the following: (1) Annexation of the approximate 0.70 acre property into the City limits of Yamhill; (2) a Zone Change to establish the R-2 zoning on the newly annexed property; and, (3) in combination with adjacent property currently within the City limits, establish a 10-lot single family Subdivision on 2.32 acres.  The subject of these Findings and Ordinance is limited solely to the proposed Annexation.

            III. PUBLIC HEARING         

A.        Planning Commission Action

A public hearing was duly held on this application before the Yamhill Planning Commission on August 1, 2001. At the hearing, Annexation Case No. 01-01 was made a part of the record.  Notice of the hearing was sent to adjacent property owners.  The Commission members indicated their familiarity with the property.  Otherwise,  no Commission member indicated any bias and no objection was raised as to jurisdiction, conflicts of interest, or to evidence or testimony presented at the hearing.  At the conclusion of the hearing, the Planning Commission voted to continue the matter to the September 5, 2001 meeting to deliberate on the matter.

The hearing was reopened on September 5, 2001.  The Commission deliberated on the issue and voted to recommend City Council approval of the Annexation application. The Commission found the proposal complied with the applicable decision criteria contained in the Yamhill Municipal Code. In addition, the Commission directed staff to prepare the necessary Order of Recommendation for the Annexation. 

B.         City Council Action

A public hearing was duly held on this application before the Yamhill City Council on October 24, 2001.  At the hearing, Annexation Case No. 01-01 was made a part of the record.  Notice of the hearing was sent to adjacent property owners.  The Council members indicated their familiarity with the property.  Otherwise,  no Council member indicated any bias and no objection was raised as to jurisdiction, conflicts of interest, or to evidence or testimony presented at the hearing. 

At the conclusion of the hearing, the City Council deliberated on the issue and voted to approve the Annexation application. The City Council found the proposal complied with the applicable decision criteria contained in the Yamhill Municipal Code.  In addition, the Council directed staff to prepare the necessary Ordinance for the Annexation. 

            IV. FINDINGS OF FACT-GENERAL

The Yamhill City Council, after careful consideration of the testimony and evidence in the record, adopts the following general Findings of Fact:

A.        The applicant is Charles Mitchell.

B.         The subject property is located near the end of 3^rd Street.  There is no property address and the County Assessor map places the property within Township 3 South; Range 4 West; Section 04; Tax Lot #2100 and Tax Lot #9400.  The land subject to the Annexation request contains portions of both tax lots that were located outside the City limits but within the Urban Growth Boundary.

C.        The subject area contains approximately 0.70 acres.   

D.        The subject area is vacant.

E.         The subject area is designated "Residential" in the Yamhill Comprehensive Plan.

F.         Land within the City is located to the west and north and is zoned Single Family Residential (R-2).  

G.        The applicant requested approval of the following: (1) Annexation of the approximate 0.70 acre property into the City limits of Yamhill; (2) a Zone Change to establish the R-2 zoning on the newly annexed property; and, (3) in combination with adjacent property currently within the City limits, establish a 10-lot single family Subdivision on 2.32 acres. 

H.        The subject of these Findings and Ordinance is limited solely to the proposed Annexation

I.          Approval or denial of this request shall be subject to provisions in Title 13 of the Yamhill Municipal Code.  

            V.  APPLICATION SUMMARY

A.        The applicant retains an interest in approximately 2.32 acres of land located at the east end of 2^nd Street and 3^rd Street.  The entire area is located within the City's Urban Growth Boundary and designated "Residential."  Of this total area, approximately 0.70 acres are located outside the City limits.  The applicant wishes to annex this area into the City and establish the R-2 zone on the newly annexed.  In combination with the remaining land, the applicant intends to construct a 10-lot single family subdivision.

B.         The subject area was originally identified as containing 0.43 acres.  Subsequent information received by City staff increased the subject area to approximately 0.70 acres. 

C.        This application contains three separate requests - annexation, zone change and subdivision. The annexation and zone change requests require hearings before both the Planning Commission and City Council with the Commission providing a recommendation to the Council.  The Commission decision on the subdivision is final unless an appeal is made to the Council. 

D.        The findings and conclusions contained in this Ordinance are limited solely to the Annexation.

E.         The contract City Engineer reviewed the application and submitted comments.  This material is part of the official planning file; a brief summary follows: 

1.         Water - Development must connect to an existing water line on 2^nd Street.  A fire hydrant is required for each cul-de-sac with the location determined by the Fire District. 

2.         Sanitary Sewer - The development will connect to the existing sanitary line in South Balm Street and extend the sanitary line to a stub-out to the property line for Tax Lot 2000 on East 3^rd Street.

3.         Storm Sewer - Storm water will likely be directed to the east.  The applicant will need to coordinate with the adjacent owner for an easement. 

4.         Streets - East 3^rd Street is a Collector street therefore has a right-of-way of sixty feet with a minimum pavement width of thirty-six feet.  It is recommended the applicant provide for one-half street improvement from the cul-de-sac to the intersection at S. Balm Street.  This will include storm lines, catch basins, pavement and base rock with a minimum pavement width of 22-feet.  The Engineer recommended placing the paving on the south side of East 3^rd Street and the paving of four feet past the crown of the street. This will minimize the amount of future saw cutting. East 2^nd Street is a minor street and must be paved to the existing pavement section.

5.         General - A public utility easement will be required along the front of each lot.  All improvements must comply with City of Yamhill Public Works Standards as well as the requirements of applicable state agencies.  The applicant is responsible for submitting necessary engineering drawings and information.

F.         No other contacted agency submitted a written response.  

            VI.  CRITERIA AND FINDINGS - ANNEXATION

A.        Provisions for annexations are found in Title 13 of the Municipal Code with specific requirements in Chapter 13.04.  Pursuant to Section 13.04.040, the applicant is permitted to request an annexation of the property to the City limits.  The Commission provides a recommendation to the City Council with the final decision rendered by the Council (Section 13.04.050). 

B.         The specific criteria for annexations are found in Section 13.04.030.  The criterion and findings are as follows:

1.         Section 13.04.030(A)(1) - The site abuts the city limits of Yamhill.

FINDINGS: The subject area abuts the existing City limits.

2.         Section 13.04.030(A)(2) - The site is within the Urban Growth Boundary.

FINDINGS: The land is within the UGB and the remainder of the two tax lots is located within the City limits.

2.         Section 13.04.030(A)(3) - The site is with the immediate urban area.

FINDINGS: Developed urban land is located to the north and west of the subject area. 

3.         Section 13.04.030(A)(4) - The proposed use for the site complies with the Yamhill Comprehensive Plan.

FINDINGS: The parcel is designated "Residential" within the Comprehensive Plan and is intended to be developed with residential uses.  The proposed subdivision, reviewed and approved by the Planning Commission, is entirely consistent with the Plan's expectations. 

4.         Section 13.04.030(A)(5) - The capacity exists to provide the site with urban services that will not unduly tax the public facility and services resources of the City.

FINDINGS: Based on the submitted engineer's report, there does not appear to be any capacity issues that prevent development of the site.  Public testimony by the Public Works Director also indicated there is sufficient facility capacity to serve the property.

5.         Section 13.04.030(A)(6) - The site contains land which is physically suitable for urban use.

FINDINGS: Based on the submitted site plan and the site's topography, the Council concludes the parcel is suitable for residential development.  

6.         Section 13.04.030(A)(7) - The proposed annexation will have a positive fiscal impact on the City. 

FINDINGS: Exact fiscal impacts are beyond the scope of the planning review.  However, the Council agrees with the Commission's conclusion that the addition of ten developable lots increases the existing tax base.

C.        In addition, Section 13.04.050(B) requires the decision authority to consider the following: 

1.         Section 13.04.050(B)(1) - Promote an orderly, timely, and economical transition of rural and agricultural lands into urbanizable lands.

FINDINGS: The subject property abuts the City limits and existing residential development.  This is a timely and logical extension of the existing City limits.

2.         Section 13.04.050(B)(2) - Avoid promoting development in areas of natural hazards.

FINDINGS: The application does not involve land located within identified natural hazard areas.

3.         Section 13.04.050(B)(3) - Affect the natural resources of the area including; air resources, water quality, natural vegetation and fish and wildlife resource.

FINDINGS: The Plan does not identify any natural resources that require protection. Residential development of the property should therefore not adversely affect resources identified in this section.

4.         Section 13.04.050(B)(4) - Effectively utilize energy resources and promote conservation of energy use.

FINDINGS: All new construction must comply with the energy provisions of the Uniform Building Code.

5.         Section 13.04.050(B)(5) - Provide for recreation and open space opportunities.

FINDINGS: Subdivision provisions require the applicant to either construct a park or contribute toward park development.  This ensures the recreational and open space needs of the community will be met.     

6.         Section 13.04.050(B)(6) - Affect and provide for an orderly and efficient arrangement of public facilities and services.

FINDINGS: Facilities may be extended to the site and there is adequate capacity available to serve proposed use.  No system-wide improvements are required for the development.

7.         Section 13.04.050(B)(7) - Improve and enhance the economy of the City.

FINDINGS: Additional economic opportunities are provided through the construction of new homes.  The increase in population also increases demand for local goods and services.

8.         Section 13.04.050(B)(8) - Provide the opportunity for a variety of quality, safe, housing.

FINDINGS: This proposal will provide an additional ten, developable lots within the City, thereby increasing housing opportunities.

9.         Section 13.04.050(B)(9) - Affect and provide for an orderly and efficient arrangement of transportation needs in an orderly, safe and economic manner.

FINDINGS: In combination with adjacent land, the subject area will access existing stub streets.  This will provide an orderly extension of the street system.  Extension of this street system to the east is not possible owning to the location of the Urban Growth Boundary and topographical constraints. 

D.        The remainder of Chapter 13.04 addresses specific City Council procedural requirements.  Section 13.04.120 specifically requires the establishment of a zone for newly annexed property.  

FINDINGS: The Council action and hearing complied with these provisions,

VII. CONCLUSION

The City Council concludes the proposal to Annex the subject property into the City limits of the City of Yamhill is consistent with the decision criteria contained in the Yamhill Municipal Ordinance, Title 10.