QUESTION: Shall 22.4 acres near Shaff Road/Kindle Way be annexed, rezoned and subdivided providing 91 lots for single family dwellings?

SUMMARY: By Ordinance 891, the Stayton City Council approved a request by Mountain West Investment Corporation to annex 22.4 acres located adjacent to Shaff Road and Kindle Way. The 22.4 acres will be rezoned for single family dwellings and subdivided into 91 lots to be known as Lambert Estates. A citizen opposed Ordinance 891 and filed a referendum to place the question on the ballot whether to annex, rezone and subdivide the 22.4 acres.

A yes vote means the annexation, rezone and subdivision is approved. A no vote means the annexation, rezone and subdivision will not be approved.

The 22.4 acres is located inside the Stayton Urban Growth Boundary and is designated low density residential in the Stayton Comprehensive Plan. The annexation would convert 22.4 acres zoned as Marion County urban transition farm to 91 single family dwelling sites, and extend city services (sewer, water and streets) to the annexation.

The Stayton Municipal Code (SMC) and state law require that, if certain criteria are met, the City of Stayton cannot unreasonably deny an annexation request. The Stayton Planning Commission, on August 14, 2006, and subsequently the Stayton City Council, on October 2, 2006, after public hearings, determined that the applicable criteria for the "Lambert Estates" annexation had been met, and the Stayton City Council approved the annexation.

Approval criteria for a City annexation include: a) whether a need exists for the annexation; b) whether the site can be adequately served by city services; c) whether the proposed annexation is contiguous to existing city limits; d) whether the proposed annexation is compatible with the surrounding area; and e) whether the annexation complies with applicable state laws. The Stayton Planning Commission, and subsequently the Stayton City Council, determined these criteria were met and approved the annexation subject to certain conditions.

The Stayton City Council determined the first criterion was met for this annexation. Based on the adopted 2005 Stayton Buildable Lands Inventory, projections for the next fifteen years indicates the need for the annexation of an additional 48.2 acres of residential land to be zoned Low Density (LD), in addition to LD land presently available within the city limits. This annexation, approximately 22.4 acres, helps fulfill that need.

City services were found by the Stayton City Council to be adequate to serve the subject property. The site is contiguous to the existing Stayton city limits on its east, west and south boundaries. The proposed annexation was determined by the Stayton City Council to be compatible with the surrounding area on the basis that the residential nature and density of the annexation proposal is consistent with nearby properties and in keeping with the City’s comprehensive land use plan map. Finally, the annexation was determined by the Stayton City Council to be in compliance with applicable state laws. Based on these findings and conclusions, the annexation was approved with certain conditions.

Estimate of Financial Effect: The developer will bear the cost of the subdivision’s infrastructure (streets, water/sewer lines, etc.). After that, the City would be responsible for the cost of perpetual maintenance of those infrastructure improvements, once constructed and dedicated. When fully developed as proposed, a 91-lot subdivision, the City may receive some $775,000 or more in one-time System Development Charges (SDCs) and some $90,000 or more in property taxes annually. This development would also reimburse the City some $72,800 toward the cost of the recently completed Mill Creek sewer trunk line.

A "yes" vote means the annexation and associated rezone and subdivision will be approved. A "no" vote means the annexation, rezone and subdivision will not be approved.

Submitted by, Chris Childs, City Administrator