City Council PowerPoint Presentation (ANX20016-02) Alexsey BodunovANNEXATION 2016-02
1385 Cooley Road
Alexsey & Juliana Bodunor
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Rights and Duties Prior to Start of Hearing
Oregon Law and the Woodburn Development Ordinance govern local quasi-judicial land use hearings and require that persons who attend be advised of certain rights and duties before the
hearing begins.
The applicable criteria for this hearing are listed in this presentation and in the notice of public hearing. The text of all applicable criteria is printed in the staff report.
The hearing will proceed in the following general order: staff report, applicant’s presentation, testimony in favor of the application, testimony in opposition to the application, rebuttal,
record closes, deliberation and decision;
The law requires that all testimony, arguments and evidence must be directed toward the listed criteria. If a person believes other criteria in the plan or land use regulation apply,
those criteria must be identified and discussed on the record. The decision-maker may reasonably limit oral presentations in length depending upon time constraints and to content that
is relevant to applicable approval criteria. Any party may submit written materials while the record is open.
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Rights and Duties Prior to Start of Hearing
Failure to raise an issue accompanied by statements or evidence sufficient to afford the decision-maker and all interested parties an opportunity to respond to the issue precludes an
appeal to the Land Use Board of Appeals based on that issue.
Failure of the applicant to raise a constitutional or other issue relating to proposed conditions of approval with sufficient specificity to allow the City to respond to the issue precludes
an action for damages in circuit court.
Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application.
The decision-maker will grant the request by either (1) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing,
or (2) leaving the record open for at least seven days for additional written evidence or testimony.
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Applicable Criteria From the Woodburn Development Ordinance
Applicable criteria from the Woodburn Development Ordinance:
Sections; 1.01, 1.02, 1.103, 2.01, 4.01, 4.02, and 5.04.
Additional relevant criteria are the goals and policies of the Woodburn Comprehensive Plan and the standards of the Transportation System Plan (TSP).
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Comprehensive Plan and Zoning Designation
Comprehensive Plan - Low Density Residential
Zoning - Residential Single-Family (RS)
Site
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Aerial Picture of the Subject Property
Site
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Site Pictures – Cooley Rd
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Site Pictures – Cooley Road
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Site Pictures
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Site Pictures
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Site Pictures
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Site Pictures
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Site Pictures
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Criteria
Criteria:
Shall be contiguous;
Link to planned public facilities; or
Verify that public facilities have adequate capacity to serve existing and future development of the property
Demonstrated community need:
The territory to be annexed should be contiguous to the City on two or more sides;
The territory to be annexed should not increase the inventory of buildable land to more than a 5-year supply;
The site is feasible for development and provides either:
Completion or extension of the arterial/collector street; or
Connects existing stub streets, or other discontinuous streets, with another public street
Annexation fulfills a need that has been identified by the City Council after a public hearing
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Annexation Process
An annexation may be initiated by petition based on the written consent of:
The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed; or
One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed; or
A lesser number of property owners.
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Annexation Notice
Post property
Newspaper notice
Property owner notice
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Annexation
Annexation 2016-02:
Meets all applicable criteria
Proper notice provided
Planning Commission (August 25, 2016) Recommended that City Council approve Annexation 2016-02
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Questions?
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