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AGENDA STAYTON CITY COUNCIL MEETING (City of Stayton)

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Stayton City Council Agenda Page 1 of 4
November 20, 2017
AGENDA
STAYTON CITY COUNCIL MEETING
Monday, November 20, 2017
Stayton Community Center
400 W. Virginia Street
Stayton, Oregon 97383
CALL TO ORDER 7:00 PM Mayor Porter
FLAG SALUTE
ROLL CALL/STAFF INTRODUCTIONS
ANNOUNCEMENTS – PLEASE READ CAREFULLY
Items not on the agenda but relevant to City business may be discussed at this meeting. Citizens are encouraged to attend all
meetings of the City Council to insure that they stay informed. Agenda items may be moved forward if a Public Hearing is
scheduled.
a. Additions to the agenda
b. Declaration of Ex Parte Contacts, Conflict of Interest, Bias, etc.
PRESENTATIONS/COMMENTS FROM THE PUBLIC
Request for Recognition: If you wish to address the Council, please fill out a green “Request for Recognition” form.
Forms are on the table at the back of the room. Recommended time for presentation is 10 minutes. Recommended
time for comments from the public is 3 minutes.
a. Introduction of Police Cadets by Lt. Charles Button
CONSENT AGENDA
a. November 6, 2017 City Council Minutes
Purpose of the Consent Agenda:
In order to make more efficient use of meeting time, resolutions, minutes, bills, and other items which are routine in nature and
for which no debate is anticipated, shall be placed on the Consent Agenda. Any item placed on the Consent Agenda may be
removed at the request of any council member prior to the time a vote is taken. All remaining items of the Consent Agenda are
then disposed of in a single motion to adopt the Consent Agenda. This motion is not debatable. The Recorder to the Council will
then poll the council members individually by a roll call vote. If there are any dissenting votes, each item on the consent Agenda
is then voted on individually by roll call vote. Copies of the Council packets include more detailed staff reports, letters,
resolutions, and other supporting materials. A citizen wishing to review these materials may do so at Stayton City Hall, 362 N.
Third Avenue, Stayton, or the Stayton Public Library, 515 N. First Avenue, Stayton.
The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or other
accommodations for persons with disabilities should be made at least 48 hours prior to the meeting. If you require special
accommodations contact Deputy City Recorder Alissa Angelo at (503) 769-3425.
Stayton City Council Agenda Page 2 of 4
November 20, 2017
PUBLIC HEARING
Proposed Resolution Initiating Annexation and Comprehensive Plan Amendment
a. Commencement of Public Hearing
b. Staff Report – Dan Fleishman
c. Questions from Council
d. Proponents’ Testimony
e. Opponents’ Testimony
f. General Testimony
g. Questions from Public
h. Questions from Council
i. Staff Summary
j. Close of Hearing
k. Council Deliberation
l. Council Decision on Ordinance No. 1014
UNFINISHED BUSINESS – None
NEW BUSINESS
Proposed Resolution Establishing a Residential Rental Registration Fee Action
a. Staff Report – Dan Fleishman
b. Council Deliberation
c. Council Decision
STAFF/COMMISSION REPORTS
Finance Department Report – Cindy Chauran & Elizabeth Baldwin Informational
a. October 2017 Monthly Finance Department Report
Police Chief’s Report – Chief Rich Sebens Informational
a. October 2017 Statistical Report
Public Works Director’s Report – Lance Ludwick Informational
a. October 2017 Operating Report
Planning & Development Director’s Report – Dan Fleishman Informational
a. October 2017 Activities Report
Library Director’s Report – Janna Moser Informational
a. October 2017 Activities
PRESENTATIONS/COMMENTS FROM THE PUBLIC
Recommended time for presentations is 10 minutes.
Recommended time for comments from the public is 3 minutes.
Stayton City Council Agenda Page 3 of 4
November 20, 2017
BUSINESS FROM THE CITY ADMINISTRATOR
BUSINESS FROM THE MAYOR
BUSINESS FROM THE COUNCIL
FUTURE AGENDA ITEMS – December 4, 2017
• Public Hearing – Sunshine Coffee
• City Attorney Award of Contract
• Board and Committee Appointments
ADJOURN
Stayton City Council Agenda Page 4 of 4
November 20, 2017
CALENDAR OF EVENTS
NOVEMBER 2017
Monday
November 20
City Council
7:00 p.m.
Community Center (north end)
Thursday
November 23
CITY OFFICES CLOSED IN OBSERVANCE OF THANKSGIVING HOLIDAY
Friday
November 24
Monday
November 27
Planning Commission
7:00 p.m.
Community Center (north end)
DECEMBER 2017
Monday December 4 City Council 7:00 p.m. Community Center (north end)
Tuesday December 5 Parks & Recreation Board 6:30 p.m. E.G. Siegmund Meeting Room
Friday
December 8
Community Leaders
7:30 a.m.
Covered Bridge Café
Tuesday
December 12
Commissioner’s Breakfast
7:30 a.m.
Covered Bridge Café
Monday
December 18
City Council
7:00 p.m.
Community Center (north end)
Wednesday
December 20
Library Board
6:00 p.m.
E.G. Siegmund Meeting Room
Friday
December 22
Monday
December 25
JANUARY 2018
Monday
January 1
Tuesday
January 2
City Council
7:00 p.m.
Community Center (north end)
Wednesday
January 3
Parks & Recreation Board
6:30 p.m.
E.G. Siegmund Meeting Room
Tuesday
January 9
Commissioner’s Breakfast
7:30 a.m.
Covered Bridge Café
Friday
January 12
Community Leaders
7:30 a.m.
Covered Bridge Café
Monday January 15
Tuesday January 16 City Council 7:00 p.m. Community Center (north end)
Wednesday
January 17
Library Board
6:00 p.m.
E.G. Siegmund Meeting Room
FEBRUARY 2018
Monday
February 5
City Council
7:00 p.m.
Community Center (north end)
Tuesday
February 6
Parks & Recreation Board
6:30 p.m.
E.G. Siegmund Meeting Room
Friday
February 9
Community Leaders
7:30 a.m.
Covered Bridge Café
Tuesday February 13 Commissioner’s Breakfast 7:30 a.m. Covered Bridge Café
Monday
February 19
Tuesday
February 20
City Council
7:00 p.m.
Community Center (north end)
Wednesday
February 21
Library Board
6:00 p.m.
E.G. Siegmund Meeting Room
Monday
February 26
Planning Commission
7:00 p.m.
Community Center (north end)
MARCH 2018
Monday
March 5
City Council
7:00 p.m.
Community Center (north end)
Tuesday March 6 Parks & Recreation Board 6:30 p.m. E.G. Siegmund Meeting Room
Friday
March 9
Community Leaders
7:30 a.m.
Covered Bridge Café
Tuesday
March 13
Commissioner’s Breakfast
7:30 a.m.
Covered Bridge Café
Monday
March 19
City Council
7:00 p.m.
Community Center (north end)
Wednesday
March 21
Library Board
6:00 p.m.
E.G. Siegmund Meeting Room
Monday
March 26
Planning Commission
7:00 p.m.
Community Center (north end)
Stayton City Council Meeting Minutes Page 1 of 3
November 6, 2017
City of Stayton
City Council Meeting Action Minutes
November 6, 2017
LOCATION: STAYTON COMMUNITY CENTER, 400 W. VIRGINIA STREET, STAYTON
Time Start: 7:00 P.M. Time End: 8:05 P.M.
COUNCIL MEETING ATTENDANCE LOG
COUNCIL
STAYTON STAFF
Mayor Henry Porter
Alissa Angelo, Deputy City Recorder
Councilor Priscilla Glidewell
Keith Campbell, City Administrator
Councilor Mark Kronquist
Dan Fleishman, Director of Planning & Development
Councilor Brian Quigley
Lance Ludwick, Public Works Director
Councilor Joe Usselman (excused)
Janna Moser, Library Director
Rich Sebens, Chief of Police
Wallace Lien, Acting City Attorney
AGENDA
ACTIONS
REGULAR MEETING
Announcements
a. Additions to the Agenda
b. Declaration of Ex Parte Contacts, Conflict of Interest, Bias, etc.
None.
None.
Presentations / Comments from the Public
a. Introduction of RARE Intern Isaac Kort-Meade
Mr. Fleishman introduced Resource Assistance to
Rural Environments (RARE) Intern Isaac Kort-
Meade.
Consent Agenda
a. October 2, 2017 City Council Minutes
b.
Resolution No. 968, City Administrator Evaluation Process and
Forms
Motion from Councilor Kronquist, seconded by
Councilor Quigley, to approve the Consent Agenda
as presented. Motion passed 3:0.
Public Hearing
Ordinance No. 1013, Amending Land Use Code Regarding Fencing
Requirements for Subdivisions and Partitions
a. Commencement of Public Hearing
b. Staff Report – Dan Fleishman
c. Questions from the Council
d. Proponents’ Testimony
e. Opponents’ Testimony
f. General Testimony
g. Questions from Public
h. Questions from Council
Mayor Porter opened the hearing at 7:08 p.m.
Mr. Fleishman reviewed the staff report.
Discussion of major arterial and collector streets
affected were discussed. This change would only
apply to new development. Further discussion of
how many properties are affected.
Dan Morgan, 2195 Cardinal Avenue spoke in favor
of the proposed amendment.
None.
None.
Tyler (no last name provided), 6972 Fern Ridge
Road, inquired if this only effects new
development. That is correct.
Discussion of how a homeowners association is
held responsible for a fence that is in disrepair or
Stayton City Council Meeting Minutes Page 2 of 3
November 6, 2017
i. Staff Summary
j. Close of Hearing
k. Council Deliberation
l. Council Decision on Ordinance No. 1013
falling down.
Mr. Fleishman provided a brief summary.
Mayor Porter closed the hearing at 7:29 p.m.
Council discussion of fencing materials.
Motion from Councilor Kronquist, seconded by
Councilor Glidewell, to retain the code unchanged.
Motion passed 3:0.
Unfinished Business
None.
New Business
Council Call-Up of Staff Administrative Decision
a. Staff Report – Dan Fleishman
b. Council Discussion
c. Council Decision
Mr. Fleishman reviewed the staff report.
The following Councilors declared Ex Parte Contact
but indicated it would not cause a bias or affect
their decision:
• Councilor Quigley
• Councilor Kronquist
• Mayor Porter spoke
Councilor Glidewell received an email from the
business owner but did not read it fully.
Discussion of why the staff decision had been
called up, code requirements and the process
options before the Council.
Motion from Councilor Quigley, seconded by
Councilor Kronquist, that City Council retain
jurisdiction over this application and schedule a
public hearing for December 4, 2017. Motion
passed 3:0.
Staff / Commission Reports
Finance Department Report – Cindy Chauran & Elizabeth Baldwin
a. September 2017 Monthly Finance Department Report
Police Chief’s Report – Chief Rich Sebens
a. September 2017 Statistical Report
Public Works Director’s Report – Lance Ludwick
a. September 2017 Operating Report
b. Annual TMDL Report
Planning & Development Director’s Report – Dan Fleishman
a. September 2017 Activities Report
Library Director’s Report – Janna Moser
a. September 2017 Activities
No discussion.
Chief Sebens reviewed the report included in the
packet.
Mr. Ludwick briefly reviewed the September
report.
No discussion.
Ms. Moser briefly reviewed her report and
provided an update about the recent Friends of
the Library Used Book Sale.
Presentations / Comments From the Public
None.
Stayton City Council Meeting Minutes Page 3 of 3
November 6, 2017
Business from City Administrator
Mr. Campbell gave a reminder of Tuesday’s
election.
Business from the Council
Mayor Porter indicated he hopes to fill the vacant
Council seat by the next meeting or the first
meeting in December. Councilor Glidewell inquired
about the process for choosing the new Council
member.
Business from the Mayor
None.
Future Agenda Items – Monday, November 20, 2017
a. Public Hearing on Annexation, Comprehensive Plan, and Zone Change
b. Rental Licensing
c. Board and Committee Appointments
APPROVED BY THE STAYTON CITY COUNCIL THIS 20
TH
DAY OF NOVEMBER 2017, BY A ____ VOTE OF THE STAYTON CITY
COUNCIL.
Date: By:
Henry A. Porter, Mayor
Date: Attest:
Keith D. Campbell, City Administrator
Date: Transcribed by:
Alissa Angelo, Deputy City Recorder
City Council Staff Report
Land Use File 7-08/17 Page 1
CITY OF STAYTON
M E M O R A N D U M
TO: Mayor Henry Porter and the Stayton City Council
FROM: Dan Fleishman, Director of Planning and Development
DATE: November 20, 2017
SUBJECT: Proposed Resolution Initiating Annexation and
Comprehensive Plan Amendment
ISSUE
The issue before the City Council is a public hearing on a combination application from the City
for the annexation of approximately 27 acres of land; a Comprehensive Plan Map amendment
from Residential to Public; and a Zone Map Amendment from Medium Density Residential to
Public/Semi-Public. Following the public hearing the Council will be requested to consider
Ordinance 1014.
BACKGROUND INFORMATION
In the winter of 2016-17, the City purchased two parcels of land on Kindle Way. A 13-acre
parcel that had already been annexed, was zoned Medium Density Residential, and referred to
in this staff report as the Lambert property, was purchased in December 2016. A 26-acre parcel
of land outside of the City Limits and designated Residential by the Comprehensive Plan map
was purchased in January 2017 and is referred to in this staff report as the Puntney property.
The Lambert property was purchased for use as a regional stormwater detention basin to divert
stormwater from the Salem Ditch to Mill Creek. The Stayton Public Works Department is
currently designing the stormwater detention basin and construction is anticipated in the spring
of 2018.
The Putney property was purchased for future development as a park. The Parks Master Plan
designates a future Community Park in this general area. The Public Works Department has
recently issued a request for proposals from landscape architecture consultants to prepare a
master plan for the future development of this property. Facilities likely to be included in the
park include baseball/softball fields, soccer fields, skate park, basketball courts and picnic area.
A March, 2014 aerial photo of the City-owned properties is shown in Figure 1 on the next page.
On August 22, the City Council adopted a resolution initiating the annexation of the Puntney
property and amending the Comprehensive Plan Map from Residential to Public for both
parcels. At the time the annexation was initiated by the City Council, staff informed the City
Council that the annexation may include some additional land owned by Kirk Kindle, to the west
City Council Staff Report
Land Use File 7-08/17 Page 2
of the City’s property. Mr. Kindle has now submitted his authorization for annexation and that
property has been included.
Figure 1. Aerial Photo showing City-owned Properties
Kirk Kindle owns several parcels of land in the neighborhood of the City property shown above.
One of the parcels, Tax Lot 091W04DA02100, includes a 30-foot wide “pipe-stem” that abuts
the City’s property. This property is encumbered by an easement to the City in which a portion
of the Mill Creek Sanitary Sewer has been installed and is shown in the City’s Transportation
Master Plan as the future extension of Kindle Way. Mr. Kindle also owns Tax Lot
091W04DA02700. These two tax parcels are shown highlighted in the aerial photo in Figure 2
on the following page.
On August 22, the City Council adopted a resolution initiating the annexation of the Puntney
property and amending the Comprehensive Plan Map from Residential to Public for both
parcels. On October 6, Mr. Kindle submitted the statement of consent for annexation of a
City Council Staff Report
Land Use File 7-08/17 Page 3
portion of his property. The area to be annexed is the 30-foot pipe stem and an additional 25
feet of land.
Figure 2 Aerial Photo Showing Kindle Property
ANALYSIS
This report presents the Planning Staff’s summary and analysis concerning this application. It
was developed with the input of other City departments and agencies.
Attached are applications for Annexation, Comprehensive Plan Map Amendment and Zoning
Map Amendment from the City of Stayton. The applications consist of the application form and
narrative, and legal descriptions and consent from Mr. Kindle.
City Council Staff Report
Land Use File 7-08/17 Page 4
Annexation
Section 17.12.210 of the Land Use and Development Code contains six criteria for approval of
applications for annexation. The sixth criterion applies only to contract annexations and is not
applicable to this application. The other five criteria are:
a. Need exists in the community for the land proposed to be annexed.
b. The site is or is capable of being serviced by adequate City public services including such
services as may be provided subject to the terms of a contract annexation agreement
between the applicant and the City.
c. The proposed annexation is property contiguous to existing City jurisdictional limits.
d. The proposed annexation is compatible with the character of the surrounding area and
complies with the urban growth program and policies of the City of Stayton.
e. The annexation request complies or can be made to comply with all applicable
provisions of state and local law.
Criteria b, c, and e are fairly objective and leave little for interpretation. In this case, sewer and
water facilities are available to the properties and there will be minimal demand on City utility
services because of the nature of the proposed development: City park and stormwater facility.
The area to be annexed is contiguous to the existing city limits on three sides and provisions of
the state law – process and consent of landowners – have been or will be followed.
This leaves the other two criteria for more careful scrutiny and analysis. The City’s adopted
Parks and Recreation Master Plan identifies the need for an additional 40 acres of community
park land the Puntney property has been purchased to meet a portion of this need. Annexation
of the property will allow its development as park land under City standards. The City’s
adopted Transportation System Plan shows the extension of Kindle Way as a future collector
street. The Annexation of the Kindle property will allow for its dedication and future
development as a street.
The second criterion subject to analysis is that the proposal annexation is compatible with the
character of the surrounding area. The Puntney property is surrounded by a mix of single
family lots ranging in size from 8,000 square feet to 27,000 square feet, duplexes on 13,000
square foot lots, multi-family developments and the Stayton Middle School campus. The
proposal is to annex the property for a municipal stormwater facility and a proposed
subdivision with lots ranging in size from 7,000 to 12,000 square feet in area.
Finally, the City Council must find that the proposal complies with the urban growth program
and policies of the City of Stayton. The extent that it exists, the urban growth program is
contained in Chapter 8 of the Comprehensive Plan and in the City’s adopted Master Plans.
Comprehensive Plan Chapter 8 contains the justification for the City’s Urban Growth Boundary
and the policies for coordination of growth within the UGB but outside of the city limits. The
City’s policies for the development of land in the UGB are really contained in the master plans.
City Council Staff Report
Land Use File 7-08/17 Page 5
Comprehensive Plan Map Amendment
The application proposes amendment of the Comprehensive Plan designation for the
properties from Residential to Public. Section 17.12.170 of the Land Use and Development
Code contains seven criteria for approval of Comprehensive Plan amendments.
The Comprehensive Plan narrative indicates that the Public designation will be applied after
land is acquired by a public agency in order to avoid affecting private property values.
Zoning Map Amendment
The application proposes amendment of the Official Zoning Map to assign Public/Semi-Public
Zoning to the newly annexed City-owned property and Low Density Residential to the newly
annexed property owned by Kindle, and to change the current Medium Density Zone to
Public/Semi-Public. A map showing the revised Zoning Map is included as Exhibit 6 in the draft
ordinance. Section 17.12.180 of the Land Use and Development Code contains seven criteria
for approval of Comprehensive Plan amendments. Assuming the Planning Commission
recommends amendment of the Comprehensive Plan Map, the Public/Semi-Public zone is the
only zone to implement the Public designation.
RECOMMENDATION
Planning Commission has recommended approval of the applications. Staff recommends
adoption of the Ordinance as presented.
OPTIONS AND MOTIONS
The City Council is presented with the following options.
1. Approve the applications and the first consideration of Ordinance 1014
Move to approve Ordinance 1014 as presented.
The City Recorder shall call the roll and the names of each Councilor present and their vote shall be recorded
in the meeting minutes. If the vote is unanimous, Ordinance 1014 is enacted and will be presented to the
Mayor for his approval.
If the vote is not unanimous, Ordinance 1014 will be brought before the Council for a second consideration at
the December 4, 2017 meeting.
2. Approve the applications and the Ordinance with modifications
Move to approve Ordinance 1014 with the following changes … and direct staff to
incorporate these changes into the Ordinance before the Ordinance is presented to the City
Council for a second consideration.
The City Recorder shall call the roll and the names of each Councilor present and their vote shall be recorded
in the meeting minutes. If the first consideration is approved, Ordinance 1014 will be brought before the
Council for a second consideration at its December 4, 2017 meeting.
3. Deny the applications.
Move to deny the applications of the City of Stayton (Land Use File 7-08/17) for annexation,
comprehensive plan map amendment, and zoning map amendment and direct staff to
modify the findings and conclusions to represent the Council’s discussion and present a
revised order to the City Council at the December 4, 2017 meeting.
November 2015
BURDEN OF PROOF
This is a quasi-judicial application in which the applicant has the burden of proof. According to
law, the applicant must present to the decision maker facts, evidence, analysis, and justification for
each and every criteria of SMC 17.12.210.4 in order to carry out that burden of proof. It is
important to remember that there is no assumption that the applicant is entitled to this approval.
The burden lies with the applicant to prove how the proposal complies with the criteria, not with
the City of Stayton.
APPLICATION CHECKLIST FOR ANNEXATION REVIEW
This checklist has been prepared to assist applicants in submitting an application that includes all the submission
requirements in Section 17.12.210. Please note that this checklist may paraphrase the requirements from the
Code. It is the applicant’s responsibility to read and understand the requirements of the Code. Review of an
application will not begin until a complete application has been submitted. If you have questions, contact the
Planning Department.
Property Owner Authorization: If the applicant is not the owner of the property, the application
must include written indication of the applicant’s right to file the application. This may be a
purchase and sale agreement, an option or other document that gives the applicant some legal
interest in the property. If the applicant is to be represented by another individual (planning
consultant, engineer, attorney) the application must be accompanied by a notarized statement
certifying that the applicant’s representative has the authorization of the applicant(s) to file the
application.
A site plan drawn to a scale of 1 inch equals not more than 50 feet showing:
○
A north point and graphic scale
○ Tax map and tax lot numbers.
○ Boundary lines of the parcel to be annexed and area of the property in acres or square feet.
○ Neighboring streets and roads.
○ Existing uses of the property
Vicinity Map: The vicinity map may be drawn on the same map as the site plan. All properties,
streets, and natural features within 300 feet of the perimeter of the parcel shall be shown on the
vicinity map.
Conceptual Plan: If the application for annexation is not accompanied by a concurrent
application for site plan, subdivision, or other land use approval, a conceptual plan of the
proposed uses of the property.
Legal Description: A legal description of the property proposed to be annexed, meeting
the requirements of ORS 08.225, must accompany the application.
Stayton Municipal Code Title 17, Land Use and Development, is available online at:
www.staytonoregon.gov. Click on the Document Center tab and select Municipal Code.
Narrative Statement: A narrative answering the questions on the back of this application packet.
■
November 2015
1
CITY OF STAYTON
APPLICATION FOR ANNEXATION
PROPERTY OWNER:
Address:
City/State/Zip:
Phone
:
Email:
APPLICANT:
Address:
City/State/Zip:
Phone:
Email:
APPLICANT’S REPRESENTATIVE:
Address:
City/State/Zip:
Phone:
Email:
CONSULTANTS: Please list below planning and engineering consultants.
PLANNING ENGINEERING
Name: Name:
Address: Address:
City/State
/Zip:
City/State/Zip:
Phone: _______________________________________ Phone: _______________________________________
Email: Email:
Select one of the above as the principal contact to whom correspondence from the Planning Department should be addressed:
owner applicant applicant’s representative planning consultant engineer
LOCATION:
Street Address: ___________________________________________________________________________________
Assessor's Tax Lot Number and Tax Map Number: _______________________________________________________
Closest Intersecting Streets: _________________________________________________________________________
CURRENT COMPREHENSIVE PLAN DESIGNATION: ________________________________________________________
ZONE MAP AND COMPREHENSIVE PLAN DESIGNATION WITH ANNEXATION: ____________________________________
SUBMIT BY EMAIL
City of Stayton
362 N Third Avenue
Stayton OR 97383
503-769-3425
kcampbell@ci.stayton.or.us
City of Stayton
362 N Third Avenue
Stayton OR 97383
503-769-3425
Dan Fleishman
dfleishman@ci.stayton.or.us
✔
2800 Kindle Way
091W04D 00200
Kindle and Oriole
Residential
Public
November 2015
2
QUESTIONS TO BE ADDRESSED IN NARRATIVE STATEMENT
The Stayton Planning Commission, with assistance from the Planning Department and the Public Works Department will use the
information provided by the applicant to analyze the merits of this application. A decision to approve or deny the application is
made based on how well the applicant presents information to show the application meets the standards and criteria set forth in the
Stayton Land Use and Development Code 17.12.210.5. Please provide the following information in full and attach a narrative
statement to this application.
1. NEED: What is the demonstrated need for this property to be annexed into the City?
2. ADEQUATE UTILITIES: How will the proposed annexation obtain or maintain adequate utility systems (including water,
se
wer, surface water drainage, power, and communications), and connections, including easements, to properly serve the
subject property in accordance with accepted City standards?
All public improvements must meet City of Stayton standard specifications. All design plans must be approved by the City
prior to construction. The City will inspect all construction.
a. List public services currently available to the site:
Water Supply: - inch line available in Street.
Sanitary Sewer: - inch line available in Street.
Storm Sewer: - inch line available in Street.
Natural Gas: - inch line available in Street.
Telephone: is (or) is not available in Street.
Cable TV: is (or) is not available in Street.
Electrical: is (or) is not available in Street.
b. Will existing City public services need to be replaced or upgraded to accommodate the demands created by the
annexation? yes no
3. Is the subject property contiguous to the city limits? yes no
4. Is the proposed annexation compatible with the character of the surrounding area and does it comply with the urban growth
program and policies of the City?
5. Does the proposed annexation comply, or be made to comply with all applicable provisions of state and local law?
6. If the proposed annexation is a contract annexation, does the proposal include the cost of City facility and service extensions
as calculated by the Public Works Director?
SI
GNATURE OF APPLICANT: ___________________________________________________________________________
DO NOT WRITE BELOW THIS LINE
---------------------------------------------------------------- -------------------------------------------------------------------------------------------
Application received by: Date: Fee Paid: $ Receipt No.
Land Use File#________________
10
Kindle Way
18
Kindle Way
2
Kindle Way
■
Kindle Way
■
Kindle Way
■
Kindle Way
✔
✔
DBF
08/08/2017
7-08/17
C
ITY OF
S
TAYTON
A
PPLICATION FOR
C
OMPREHENSIVE
P
LAN AND
Z
ONE
M
AP
AMENDMENT
A
PPLICATION AND
D
ECISION
MAKING P
ROCEDURES
Prior to submittal of an application, a pre
-
application meeting with City Staff is
recommended
. A completed pre
-
application form
and sketch plan drawing need to be submitted at least 7 days in advance of the meeting. Meetings are held every Tuesday
afternoon and there is no fee for the first required pre
-
application meeting.
1.
A
PPLICATION
F
EE
Submission of a completed application form, wit
h a plan and attachments, and payment of the application fees
are
required before
the review process
begins
. The application and fee
s shall be submitted
to
the
Planning Department during regular
business
hours.
Th
e fee for this application is
$1,55
0.
If
the cost to the City does not reach the amount of the fee paid, the excess fee will be
refunded to the applicant after the file is closed. If during the processing of the application, the costs to the City exceed 75% of the
fee paid, the applicant will be required to pay an additional 50% of the fee amount, to assure that there are adequate funds to
continue to process the application.
2.
R
EVIEW FOR
C
OMPLETENESS AND
S
CHEDULING A
H
EARING
The City Planner will review the submitted application for completeness
and
, within 30 days from the date of submittal,
determine
if the applicant has provided all required information. If the application is incomplete, the
C
ity
P
lanner will notify the applicant of
the items which need to be submitted.
Once the application is
deemed complete, the Planner will schedule a hearing before the
Stayton Planning Commission. Planning Commission meetings are regularly scheduled for the last Monday of the month. State law
r
equire
s the City to notify the Department of Land Conservation and Development 45 days before the first hearing on any
amendment to the comprehensive plan and zoning map. This will be taken into consideration when the first hearing is scheduled.
3.
S
TAFF
R
EPORT
Once a hearing date is set
, the
City P
lanner will prepare a s
taff report summarizing the applica
nt
’s proposal
,
the
decision criteria,
comments from other agencies or the public, and address whether the application complies with code requirements or
suggest
conditions to meet those requirements. A copy of the staff report will be provided to the applicant 7 days prior to the public
hearing.
4.
P
UBLIC
H
EARING
B
EFORE THE
S
TAYTON
P
LANNING
C
OMMISSION
Prior to the public hearing, notice is required to be sent to all property owners within 300 feet of the property 20 days be
fore the
hearing, so the hearing will be scheduled at the first regular meeting following the notice period. The hearing is to give all
interested parties an opportunity to comment on the application. The hear
ing is conducted by the Chairperson
in accord
ance with
the Stayton
Public Hearing Rules of Procedure. These rules are available at
C
ity
H
all.
At the conclusion of the hearing and deliberation, the
P
lanning
C
ommission will adopt an order
recommending action to the City
Council
stating the
decision
c
riteria, findings of fact, conclusions whether the
application meets any
applicable standards and the
Comm
ission’s decision. The C
ommission
may
decide to recommend denial, approval, or approval of the application with
conditions
.
5.
P
UBLIC
H
EARING
B
EFORE THE
S
TAYTON
C
ITY
C
OUNCIL
Amendments to the zoning map and comprehensive plan must be adopted by ordinance so a second public hearing will be
scheduled before the Stayton City Council. A notice is required 10 days prior to the hearing which will be held at the regular
Council meeting, which
meets the first and third Mondays of every month. Staff reports,
P
lanning
C
ommission findings, and any
new information will be presented to
C
ouncil for consideration. The purpose of the hearing is to rece
ive further publi
c testimony,
to review the application and consider the Planning Commission’s decision and conditions.
Generally
,
the
C
ouncil will make a
decision at the conclusion of the hearing process, but may delay the decision for further information or action by th
e applicant. The
C
ouncil will
then
adopt an order either approving or denying the application
and subsequently an ordinance
.
6.
A
PPEALS
Council actions may be appealed to the State Land Use Board of Appeals pursuant to ORS 197.805 through 197.855.
7.
F
OR
M
ORE
I
NFORMATION
Call or write to City of Stayton Planning Dept., (mailing address) 362 N. Third Avenue, (building address) 311 N. Third Avenue,
Stayton, Oregon 97383. (503) 769 2998; email: dfleishman@ci.stayton.or.us
.
November 2015
Submit By Email
15
er 2008
BURDEN OF PROOF
This is a quasi
-
judicial application in which the applicant has the burden of proof.
According to law, the applicant must present to the decision maker facts,
evidence, analysis, and justification for each and every
criteria
of SMC
17.12.210.4 in order to carry out that burden of proof. It is important to
remember that there is no assumption that the applicant is entitled to this
approval. The burden
lies with the applicant to prove
how the
proposal compl
ies
with the
criteria
, not with the City of Stayton.
A
PPLICATION
CHECKLIST FOR C
OMPREHENSIVE
P
LAN AN
D
Z
ONE
M
AP
A
MENDMENT
This checklist has been prepared to assist applicant
s
in
submit
ting
a
n
application
that includes all the sub
mission
requirements in Sections
17.12.170
. Please note that this checklist may paraphrase the requirements from the
C
ode. It is the applicant’s responsibility to read and understand the requirements of the Code. Review of an
application will not begin until a complete application has been submitted. If you have questions, contact the
P
lanning
Department
.
Lot and block
description or a metes and bounds description
of the area for which a map amendment
is requested
, marked Exhibit A.
Certified List of Property Owners: A certified list of all property owners within 300 feet of the
property
for
which the
map amendment
is proposed, dated within 60 days of the date on which
the
application is filed. Two copies of the list must be submitted on adhesive
-
backed mailing labels.
Property Owner Authorization: If the applicant is not the owner of the property, the application must
include written indication of the applicant’s right
to file the application. This may be a purchase and
sale agreement, an option or other document that gives the applicant some legal interest in the
property. If the applicant is to be represented by another individual (planning consultant, engineer,
att
orney) the application must be accompanied by a notarized statement certifying that the applicant’s
representative has the authorization of the applicant(s) to file the application.
Three copies of a site plan drawn to a scale of 1 inch e
quals not more than 50 feet and 12 reduced
copies of the plan sized 11 inches by 17 inches, showing:
A north point and graphic scale
Tax map and tax lot numbers.
Boundary lines of
the parcel and area of the property in acres or square feet.
E
xisting and proposed zon
ing bo
undaries
Vicinity Map:
The vicinity map may be drawn on the same map as the site plan. All properties,
streets,
natural features
,
and
current zoning
within 300 feet of the perimeter of the parcel shall be
shown on the vicinity map.
Five copies of
a
Transportation Impact Analysis, based on the standards and requirements in Section
17.26.050.
The Transportation Impact Analysis shall als
o meet the requirements of Oregon
Administrative Rule
660-012-0060.
Stayton Municipal Code
Title 17, Land Use and Development
,
is available online at
:
www.
staytonoregon.gov
.
Click on the
Document Center tab and select Municipal Code
.
November 2015
November 2015
er 2008
1
C
ITY OF
S
TAYTON
A
PPLICATION FOR
C
OMPREHENSIVE
P
LAN AND
Z
ONE
M
AP
AMENDMENT
P
ROPERTY
O
WNER
:
Address:
City/State/Zip:
Phone: (
)
-
Email:
A
PPLICANT
:
Address:
City/State/Zip:
Phone: (
)
-
Email:
A
PPLICANT
’
S
R
EPRESENTATIVE
:
Address:
City/State/Zip:
Phone: (
)
-
Email:
C
ONSULTANTS
: Please list below planning and engineering consultants.
P
LANNING
E
NGINEERING
Name:
Name:
Address:
Address:
City/State/Zip: City/State/Zip:
Phone: (
) _______
_ - _______________________
Phone: (
) _______
-
Email: Email:
Select one of the above as the principal contact to whom correspondence from th
e Planning Department should be addressed:
owner
applicant
applicant’s representative
planning consultant
engineer
L
OCATION
:
Street Address: ____________________________________________________________________________________
Assessor's Tax Lot Number
and Tax Map Number
: _______________________________________________________
Closest Intersecting Streets:
__________________________________________________________________________
C
URRENT
Z
ONE
M
AP AND
C
OMPREHENSIVE
P
LAN
D
ESIGNATION
:
_______________________________________________
P
ROPOSED
Z
ONE
M
AP AND
C
OMPREHENSIVE
P
LAN
D
ESIGNATION
:
______________________________________________
S
IGNATURE OF
A
PPLICANT
: ___________________________________________________________________________
D
O
N
OT
W
RITE
B
ELOW
T
HIS
L
INE
----------------------------------------------------------------
------------------------------------------------------------------------------------
------
-
Application received by:
Date:
Fee Paid: $
Receipt No.
Land Use File#________________
November 2015
City of Stayton
362 N Third Ave
Stayton OR 97383
503
769
3425
kcampbell@ci.stayton.or.us
City of Stayton
362 N Third Ave
Stayton OR 97383
503
769
3425
Dan Fleishman
dfleishman@ci.stayton.or.us
✔
2400 Kindle Way and 2800 Kindle Way
091W04D 00301 & 091W04D 00200
Meadowlark
Residential/ Medium Density Residential
Public
DBF
08-08/2017
7-08/17
ber 2008
2
Q
UESTIONS TO BE
A
DDRESSED IN
N
ARRATIVE
S
TATEMENT
The Stayton Planning Commission, with assistance from the Planning Department and the Public Works
Department
will use the information provided by the applicant to analyze the merits of this application. A
decision to approve or deny the application is made based on how well the applicant presents information to
show the application meets the standards and criteria set forth in the Stayton Land Use and Development
Code 17.12.170.6 and 17.12.180.6. Please provide the following information in full and attach to this
application as Exhibit B
.
1.
COMPREHENSIVE PLAN
MAP AMENDMENT.
Is the proposed amendment compatible with the
provisi
ons of the Comprehensive Plan when measured by the following?
a.
What is the land area that will be affected by the map amendment?
b.
What are the current land uses in the surrounding area?
c.
What is the proposed use of the site?
d. What is the impact of the propose
d amendment on land use and development patterns in the City
regarding:
i.
Traffic generation and circulation patterns
ii.
Population concentrations
iii.
Demand for public facilities and services
iv.
Maintenance of public health and safety
v.
Level of park and recreation fac
ilities
vi.
Economic activities
vii.
Protection and use of natural resources
viii.
Natural hazards and constraints
ix.
Compliance of the proposal with existing adopted special purpose plans or programs, such as
public facilities improvement programs
e. Is there a need for the proposed map change based on the lack of available land in the distri
cts
w
h
ere the proposed use is allowed?
f.
Are adequate urban services available to the site for the proposed use?
g. H
ow
does
the proposed amendment compl
y
with all the applicable Statewide Planning Goals and
a
dministrative rule requirements?
The State
’
s Transportation Planning
Rule
requires
an
amendment to
an acknowledged comprehensive plan
or a land use regulation
to assure that
allowed land uses are consistent with the identi
fied function, capacity, and performance standards
(e.g. level of service, volume to capacity ratio, etc.) of
transportation facilities
.
If there is a
prop
osed change in the urban growth boundary, then compliance with Goal 14 and the Urban
Growth Policies of the City of Stayton
will also need to be described
.
h. Can the proposed amendment be implemented within the existing framework of the
comprehensive plan?
i.
Is the proposed amendment an appropriate action under one or more of the following criteria?
i.
It corrects identified error(s) in the provisions of the comprehensive plan.
ii.
It represents a logical implementation of the plan,
iii.
It is mandated by changes in feder
al, state or local law.
iv.
It is otherwis
e
desirable
,
appropriate and proper.
November 2015
RES
PUB
PUB
COMM
SHAFF
KINDLE
GOLF
EAGLE
GOSHE N
QUAIL RUN
OAKMONT
MEADOWLA RK
HUMMINGBIRD
PARTRIDGE
CARDINAL
GOLDFINCH
Current Comprehensive Plan Designation
RES
PUB
PUB
COMM
SHAFF
KINDLE
EAGLE
GOLF
GOSHE N
QUAIL RUN
OAKMONT
MEADOWLA RK
HUMMINGBIRD
PARTRIDGE
CARDINAL
GOLDFINCH
Proposed Comprehensive Plan Designation
P
LD
MD
LD
P
MD
CG
HD
HD
SHAFF RD
KINDLE WY
EAGLE ST
DEER AV
QUAIL RUN AV
ORIOLE ST
JUNCO ST
MEADOWLARK DR
FOX ST
HUMMINGBIRD LN
CARDINAL AV
PARTRIDGE CT
PHEASANT AV
NIGHTHAWK AV
GOLDFINCH AV
BEAVER AV
JUNCO ST
Current Zoning
P
LD
LD
MD
P
MD
HD
CG
HD
SHAFF RD
KINDLE WY
EAGLE ST
DEER AV
ORIOLE ST
JUNCO ST
MEADOWLARK DR
FOX ST
HUMMINGBIRD LN
CARDINAL AV
PHEASANT AV
PARTRIDGE CT
NIGHTHAWK AV
GOLDFINCH AV
BEAVER AV
JUNCO ST
SHAFF RD
Proposed Zoning
Ordinance No. 1014 (Land Use File #7-08/17) Page 1 of 3
Annexation, Comprehensive Plan Map & Zoning Map Amendment – Kindle Way Properties
ORDINANCE NO. 1014
AN ORDINANCE ANNEXING INTO THE CITY OF STAYTON CERTAIN REAL PROPERTY
LOCATED AT 2800 KINDLE WAY AND PORTIONS OF THE REAL PROPERTY LOCATED AT 1450
GOSHEN RD SE AND 2847 KINDLE WAY; AMENDING THE CITY OF STAYTON
COMPREHENSIVE PLAN MAP FROM RESIDENTIAL TO PUBLIC; AMENDING THE CITY OF
STAYTON ZONING MAP FROM MEDIUM DENSITY RESIDENTIAL TO PUBLIC/SEMI-PUBLIC;
AMENDING THE CITY OF STAYTON ZONING MAP FROM MARION COUNTY URBAN
TRANSITIONAL (UT) TO CITY OF STAYTON LOW DENSITY RESIDENTIAL AND PUBLIC/SEMI-
PUBLIC; AND ESTABLISHING A NATURAL RESOURCE OVERLAY DISTRICT.
WHEREAS, the Stayton City Council has, through the approval of Resolution 966, initiated
annexation of that certain real property located at 2800 Kindle Way, Stayton, Marion County, Oregon,
more particularly described in Exhibit 1 attached hereto and incorporated herein, and further illustrated on
a map shown in Exhibit 2 attached hereto and incorporated herein;
WHEREAS, on August 23, 2016, pursuant to ORS 222.125 and Stayton Municipal Code (SMC)
Section 17.12.210, the City of Stayton, Oregon, submitted current applications for annexation of the
property located at 2800 Kindle Way, for a comprehensive plan amendment to change the comprehensive
plan designation of 2400 Kindle Way and 2800 Kindle way from Residential to Public, and for an Official
Zoning Map amendment to assign Public/Semi-Public Zoning to both parcels;
WHEREAS, on October 6, 2017, Kirk A Kindle, as the owner the properties, has consented to the
annexation of the portions of the real properties located at 1450 Goshen Rd SE and 2847 Kindle Way,
Stayton, Marion County, Oregon, more particularly described in Exhibit 3 attached hereto and
incorporated herein, and further illustrated on a map shown in Exhibit 4 attached hereto and incorporated
herein;
WHEREAS, a public hearing was held on the applications before the Stayton Planning
Commission on September 25, 2017 and continued until October 30, 2017;
WHEREAS, the property to be annexed is contiguous to the City Limits on three sides;
WHEREAS, the property is currently zoned Urban Transition (UT-20), and the applicant has
requested that the property be zoned Public/Semi-Public in accordance with the concurrent amendment of
the Stayton Comprehensive Plan Map;
WHEREAS, the City of Stayton City Council held a public hearing as required by law on
November 20, 2017;
WHEREAS, the City of Stayton City Council makes findings of fact regarding the applications as
contained in Exhibit 5 attached hereto and incorporated herein;
WHEREAS Chapter 51 of the Oregon Laws of 2016 requires the City Council to finalize the
annexation and not forward the application to the voters of the City as required by City Charter and SMC
Section 17.12.210.2.a.2); and
WHEREAS, the City of Stayton City Council concludes, based on the findings of fact contained in
Exhibit 5 that the applications meet the criteria for approval in SMC Section 17.12.210.4 for annexations,
Section 17.12.170.6 for Comprehensive Plan Amendments, and Section 17.12.180.6 for Official Zone
Map amendments;
NOW THEREFORE, the City of Stayton ordains:
Ordinance No. 1014 (Land Use File #7-08/17) Page 2 of 3
Annexation, Comprehensive Plan Map & Zoning Map Amendment – Kindle Way Properties
Section 1. The City of Stayton City Council makes findings of fact regarding the applications as
contained in Exhibit 5 attached hereto and incorporated herein
Section 2. Pursuant to ORS 222.125, the Stayton City Council hereby proclaims the annexation to the
City of Stayton, Oregon, of territory at 2800 Kindle Way, the legal description of which is described in
Exhibit 1 and is shown in Exhibit 2, which are attached hereto and by reference incorporated herein.
Section 3. Pursuant to ORS 222.125, the Stayton City Council hereby proclaims the annexation to the
City of Stayton, Oregon, of territory comprising portions of the properties located at 1450 Goshen Rd SE
and 2847 Kindle Way, the legal description of which is described in Exhibit 3 and is shown in Exhibit 4,
which are attached hereto and by reference incorporated herein.
Section 4. Pursuant to ORS 222.005 the Stayton City Recorder shall provide by certified mail to all
public utilities, telecommunication facilities, and franchise holders operating within the City a written
notice of each site address to be annexed as recorded on the Marion County assessment and tax roles, a
legal description and map of the proposed boundary change, and a copy of this ordinance. This notice
shall be mailed within (10) ten working days of the enactment of this Ordinance.
Section 5. Pursuant to ORS 222.010 the Stayton City Recorder shall, within ten (10) days of the
enactment of this Ordinance, send to the Marion County Clerk and Marion County Assessor a report of
the annexation including a detailed legal description of the new boundaries established by the City.
Section 6. Pursuant to ORS 308.225(2) the Stayton City Recorder shall provide to the Oregon
Department of Revenue a copy of this Ordinance, containing the legal description and map of the territory
being annexed.
Section 7. Pursuant to ORS 222.177 the Stayton City Recorder shall provide to the Oregon Secretary of
State a copy of this Ordinance, containing the legal descriptions and maps of the territories being annexed,
and a copy of documents indicating consent of the property owners.
Section 8. The Stayton Comprehensive Plan Map is hereby amended as follows:
Area to be Changed from Residential to Public
Beginning at the intersection of the centerline of Kindle Way and the centerline of Shaff Rd,
proceeding northerly along the centerline of Kindle Way a distance of 1,801 feet to the
southwest corner of Tax Lot 091W04D00200; then continuing northerly along the west line
of Tax Lot 091W04D00200 a distance of 1,507.5 feet; then easterly 665 feet; then southerly
2,291 feet to the southeast corner of Tax Lot 091W04D00301; then westerly 585.5 feet; then
southerly 1,016 feet to the centerline of Shaff Rd; then westerly 80 feet to the point of
beginning.
Section 9. The Stayton Official Zoning Map is hereby amended as follows:
Area to be changed from Medium Density Residential to Public/Semi-Public
Beginning at the intersection of the centerline of Kindle Way and the centerline of Shaff Rd,
proceeding northerly along the centerline of Kindle Way a distance of 1,801 feet to the
southwest corner of Tax Lot 091W04D00200; then easterly 670 feet; then southerly 785 feet
to the southeast corner of Tax Lot 091W04D00301; then westerly 585.5 feet; then southerly
1,016 feet to the centerline of Shaff Rd; then westerly 80 feet to the point of beginning.
Ordinance No. 1014 (Land Use File #7-08/17) Page 3 of 3
Annexation, Comprehensive Plan Map & Zoning Map Amendment – Kindle Way Properties
Newly Annexed Area to be Zoned Public/Semi-Public
Beginning at the southwest corner of Tax Lot 091W04D00200, proceeding northerly along
the west line of Tax Lot 091W04D00200 1,445 feet; then easterly 665 feet; then southerly
1,445 feet; then westerly 665 feet to the point of beginning.
Newly Annexed Area to be Zoned Low Density Residential
Beginning at the northeast corner of Tax Lot 091W04DA02100, proceeding westerly along
29.7 feet; then southerly 1,306 feet to the southeast corner of Tax Lot 091W04A02100; then
westerly 30 feet; then southerly 662 feet to the north right of way line of Junco St; then
easterly to Kindle Way; then northerly along the right of way line of Kindle Way; then
easterly along the terminus of the Kindle Way right of way; then northerly 1,905 feet to the
point of beginning.
Newly Annexed Area to be Placed within Natural Resource Overlay District
Those portions of the newly annexed areas that are within 100 feet of Mill Creek.
A portion of the revised Official Zoning Map, illustrating the amendments to the Official Zoning
Map is included as Exhibit 6.
Section 10. Upon adoption by the Stayton City Council and the Mayor’s signing, this Ordinance shall
become effective 30 days after the date of signing.
Section 11. A copy of this Ordinance shall be furnished to the State of Oregon, Department of Land
Conservation and Development forthwith.
ADOPTED BY THE CITY COUNCIL this 20
th
day of November, 2017.
CITY OF STAYTON
Signed: ____________, 2017 BY: _______________________________
Henry A Porter, Mayor
Signed: ____________, 2017 ATTEST: _______________________________
Keith D. Campbell, City Administrator
APPROVED AS TO FORM:
_______________________________
Wallace W Lien, Acting City Attorney
Ordinance No. 1014 (Land Use File #7-08/17) Page 1 of 1
Exhibit 1 – Legal Description of City Owned Property to be Annexed
EXHIBIT 1, Annexation Area, City-owned Property
The 23 acres identified as Marion County Tax Lot 091W04D 00200 and addressed as 2800
Kindle Way and further described as:
Parcel I:
Beginning at a point on the westerly line of a tract of land conveyed to Lola Lambert by
deed recorded in Volume 564, Page 428, Deed Records for Marion County, Oregon,
which place of beginning is 20 chains South 89⁰ 45’ West and 1865.00 feet North 0⁰ 18’
West from the Southeast corner of the Henry Foster Donation Land Claim in Township 9
South, Range 1 West of the Willamette Meridian, Marion County, Oregon; Thence North
0⁰ 18’ West 1445.00 feet to the Northwest corner of said Lambert tract; Thence North 89⁰
45’ East 665.52 feet to the Northeast Corner of said tract; Thence South 0⁰ 18’ East
1445.00 feet along the easterly line of said tract; Thence South 89⁰ 45’ West 665.52 feet to
the place of beginning.
Parcel II:
A parcel of land in the Southeast Quarter of Section 4, Township 9 South, Range 1 West
of the Willamette Meridian, Marion County, Oregon, said parcel being part of the Henry
Foster Donation Land Claim No. 45, said township and range and bound by the following:
Beginning at a point on the East line of the land described in the deed recorded at Reel
1186, Page 708, Marion County Deed Records, which point is 1801.00 feet North 00⁰ 17’
51” West from a point on the South line of the said Claim which is 225.37 feet West from
a 3-inch brass disk which marks the Southeast corner of said Section 4; Thence South 89⁰
45’ 00” West, parallel with the said south line, 665.38 feet; Thence North 00⁰ 17’ 25”
West, on the west line of the said land described in Reel 1186, Page 708, 64.00 feet;
Thence North 89⁰ 45’ 00” East, on the south line of land described in the deed recorded at
Reel 1178, Page 41, said deed records, 665.37 feet; Thence South 00⁰ 17’ 51” East, on the
said east line, 64.00 feet to the point of beginning.
Ordinance No. 1014 (Land Use File #7-08/17) Page 1 of 1
Exhibit 2 – Map of City Owned Property to be Annexed
EXHIBIT 2, Map of Annexation Area, City-owned Property
Ordinance No. 1014 (Land Use File #7-08/17) Page 1 of 1
Exhibit 3, Legal Description of Kindle Property to be Annexed
EXHIBIT 3, Annexation Area, Kindle Property
Beginning at the Northeast corner of that parcel deeded to the City of Stayton and described in a
deed recorded in Reel 3029, Page 285, Deed records for Marion County, Oregon which point is 1320 feet
south 89° 45’ West and 1881.00 feet North 00° 17’ West from the Southeast corner of the Henry Foster
Donation Land Claim in township 9 South, Range 1 West of the Willamette Meridian in Marion County,
Oregon;
Thence North 00° 17’ West along the East line of Parcel II of Tract VI as described in a Deed
recorded in Reel 2607, Page 001, Deed Records for Marion County, Oregon a distance of 1936.90 feet to a
parcel of land deed to the City of Sublimity in Reel 14, Page 486, Deed Records for Marion County, Oregon;
Thence South 89° 45’ West 29.70 feet to the West line of Said Parcel II;
Thence South 00° 17’ East along the West line of said Parcel II a distance of 1313.90 feet to the
Northeast corner of Tract VII as described in a Deed recorded in Reel 2607, Page 001, Deed Records for
Marion County, Oregon;
Thence South 89° 45’ West 25.00 feet to a point;
Thence South 00° 17’ East to the south line of Parcel II of Tract VI as described in a Deed recorded
in Reel 2607, Page 001, Deed Records for Marion County, Oregon and the north right of way line of W
Hobson Road as shown on the plat of Phillips Estates – Phase I recorded in the Marion County Book of Town
Plats, Volume H47, Page 8;
Thence North 89° 45’ East 25.00 feet along the south line of the said Parcel II of Tract VI to the
west line of the parcel deeded to the City of Stayton ad described in a deed recorded in Reel 3029, Page
285, Deed Records for Marion County, Oregon;
Thence North 00° 17’ West along the west line of the City of Stayton Parcel to the northwest corner
of that parcel;
Thence North 89° 45’ East 29.70 feet to the Point of Beginning.
Ordinance No. 1014 (Land Use File #7-08/17) Page 1 of 1
Exhibit 4, Map of Annexation Area, Kindle Property
EXHIBIT 4, Map of Annexation Area, Kindle Property
Ordinance No. 1014 (Land Use File #7-08/17) Page 1 of 5
Exhibit 5, Findings of Fact
EXHIBIT 5, CITY COUNCIL FINDINGS OF FACT
LAND USE FILE #7-08/17
A. GENERAL FACTS
1. The owners of the properties and the applicants are the City of Stayton and Kirk Kindle.
2. The properties can be described as tax lots 301 and 200 on Map 91W04D and portions of tax lots
2100 and 2200 on Map 91W04DA.
3. The properties are located at 2400 Kindle Way, 2800 Kindle Way, a portion of 2847 Kindle Way,
and a portion of 1450 Goshen Rd SE.
4. 2400 Kindle Way is Parcel 2 of Partitioning Plat 2016-057. It was annexed into the City in
February 2017. The property is designated Residential by the Comprehensive Plan Map. It was
zoned Medium Density Residential (MD) when annexed. The property is 12.23 acres in area with
approximately 1,740 feet of frontage on Kindle Way and 45 feet of frontage Shaff Road. The
property is vacant. The property was purchased by the City from the Lambert family and will be
referred to in these findings as the Lambert property.
5. 2800 Kindle Way is approximately 23 acres in area with approximately 80 feet of frontage on
Kindle Way. The property is developed with a single family detached dwelling and accessory
buildings. The property is outside of the City Limits, is designated as Residential by the
Comprehensive Plan Map and is zoned Marion County Urban Transition (UT). The property is
bisected by Mill Creek. The Comprehensive Plan Map designates a 200-foot wide Natural
Resource Overlay District along Mill Creek. The property was purchased by the City from the
Puntney family and will be referred to in these findings as the Puntney property.
6. The portions of 2847 Kindle Way and 1450 Goshen Rd SE that are proposed for annexation
together comprise approximately 1.7 acres of land and are referred to in this order as the Kindle
Property. This area is owned by Kirk A Kindle, who has consented in writing to its annexation.
This area is outside of the City Limits, is designated as Residential by the Comprehensive Plan
Map and is zoned Marion County Urban Transition (UT).
7. The neighboring property to the east and the north is zoned Public/Semi-Public (P) and is
developed as the Stayton Middle School. The neighboring properties to the west are zoned Low
Density Residential (LD) and are developed as single family detached dwellings or are located
outside of the City Limits, are zoned Marion County UT, and are developed as acreage residential
properties or are vacant. The neighboring property to the south is zoned MD, is developed with a
single family dwelling, and has been approved by the Planning Commission for a 51-lot single
family subdivision.
8. The Puntney property and the Lambert property were purchased by the City of Stayton in the
winter of 2016-2017. The City intends to use the Lambert property as a stormwater detention
facility. The City intends to develop the Puntney property into a park.
9. Annexation of the Kindle property will allow for future dedication of right of way for the future
extension of Kindle Way.
10. The proposal is to annex the Puntney property and Kindle property into the City Limits, to amend
the comprehensive plan designation from Residential to Public for the Puntney and Lambert
properties, to amend the zoning from MD to P for the Lambert property, to assign P zoning to the
Ordinance No. 1014 (Land Use File #7-08/17) Page 2 of 5
Exhibit 5, Findings of Fact
Puntney property, to assign LD zoning to the Kindle Property, and to establish a 100-foot wide
Natural Resource Overlay District along Mill Creek on the Puntney and Kindle property.
B. AGENCY COMMENTS
The following agencies were notified of the proposal: Oregon Department of Land Conservation and
Development, City of Stayton Public Works, Santiam Water Control District, Wave Broadband,
Stayton Cooperative Telephone Company (SCTC), Pacific Power, Northwest Natural Gas, Stayton
Fire District, Stayton Police Department, North Santiam School District, Marion County Public
Works, and Marion County Planning Division.
C. PUBLIC COMMENTS
The surrounding property owners were notified of the public hearing and the applications and notice
appeared in the newspaper and on the City’s website.
D. ANALYSIS
Annexation applications are required to satisfy approval criteria contained within Stayton Municipal
Code (SMC) Title 17, Section 17.12.210.4. Comprehensive Plan amendment applications are
required to satisfy approval criteria contained within SMC Title 17, Section 17.12.170.6. Official
Zoning Map amendments are required to satisfy approval criteria contained within SMC Chapter 17,
Section 17.12.180.6.
E. APPROVAL CRITERIA
Section 17.12.210.4 Annexation Approval Criteria. Pursuant to SMC 17.12.210.4 the following
criteria must be demonstrated as being satisfied by an application for Comprehensive Plan
amendment:
a. Need exists in the community for the land proposed to be annexed.
Finding: The 2004 Stayton Parks and Recreation Master Plan identifies the need for an additional
40 acres of community parks in the City by the year 2020. The Puntney property was purchased
with the intention of developing a community park. Annexation of the Kindle property will
facilitate extension of Kindle Way in accordance with the Transportation System Plan.
b. The site is or is capable of being serviced by adequate City public services, including such
services as may be provided subject to the terms of a contract annexation agreement between the
applicant and the City.
Finding: There is water and sewer service to the Puntney property. The development of the
property into a community park will not create substantial demand on the city or private utility
services.
c. The proposed annexation is property contiguous to existing City jurisdictional limits.
Finding: The property is contiguous to the City Limits on the north, east, and south sides.
d. The proposed annexation is compatible with the character of the surrounding area and complies
with the urban growth program and the policies of the City of Stayton.
Finding: The development of the Puntney property as a community park is in compliance with the
adopted Parks and Recreation Master Plan and will provide recreational opportunities to the
residents of the northwest corner of the City. Annexation of the Kindle property will facilitate
extension of Kindle Way in accordance with the Transportation System Plan.
Ordinance No. 1014 (Land Use File #7-08/17) Page 3 of 5
Exhibit 5, Findings of Fact
e. The annexation request complies or can be made to comply with all applicable provisions of state
and local law.
Finding: The property owners have consented to the annexation. Chapter 51 of the Oregon Laws
of 2016 requires a city to annex the territory without submitting the proposal to the electors if the
territory is within the urban growth boundary, the territory will be subject to an acknowledged
comprehensive plan, the territory is contiguous to the city limits, and the proposal conforms to all
other requirements of the city’s ordinances.
f. If a proposed contract annexation, the terms and conditions, including the cost of City facility and
service extensions to the annexed area shall be calculated by the Public Works Director.
Finding: The proposed annexation is not a contract annexation.
Section 17.12.170.6 Comprehensive Plan Amendment Approval Criteria. Pursuant to SMC
17.12.170.6.b the following criteria must be demonstrated as being satisfied by the application for a
Comprehensive Plan amendment:
1) The amendment is consistent with the goals and policies of the Comprehensive Plan, including any
relevant area plans, and the statewide planning goals. In the case of a Comprehensive Plan Map
amendment, the requested designation for the site shall be evaluated against relevant
Comprehensive Plan policies and the decision authority shall find that the requested designation
on balance is more supportive of the Comprehensive Plan as a whole than the old designation.
Finding: The Comprehensive Plan describes the Public land use designation as appropriate for
land owned by governmental agencies, churches, golf club, utilities or not-for-profit organizations.
The Plan narrative indicates that the public designation will be applied after land is acquired by a
public agency in order to avoid affecting private property values.
The City purchased the two parcels in the winter of 2016-17 for development as public facilities.
2) The current Comprehensive Plan does not provide adequate areas in appropriate locations for
uses allowed in the proposed land use designation and the addition of this property to the
inventory of lands so designated is consistent with projected needs for such lands in the
Comprehensive Plan.
Finding: The Comprehensive Plan envisions that land obtained by public institutions will be
designated for public use after it is obtained, in order to avoid limitations on privately owned
property. The Comprehensive Plan indicates that there may be the need for additional public land
for park purposes. The Parks and Recreation Master Plan identifies the need for an additional 40
acres of community parks in the City by the year 2020. The subject property was purchased by
the City for park and stormwater management needs. There is no other City-owned land that is
appropriate for these uses.
3) Compliance is demonstrated with the statewide land use goals that apply to the subject properties
or to the proposed land use designation. If the proposed designation on the subject property
requires an exception to the Goals, the applicable criteria in the LCDC Administrative Rules for
the type of exception needed shall also apply.
Finding: The pertinent Statewide Land Use Goals are Goal 8 and Goal 11. Goal 8 is to satisfy the
recreational needs of the citizens of the state and visitors. The City has purchased the Puntney
property to provide recreational opportunities and in compliance with the City’s Parks and
Recreation Master Plan. Goal 11 is to plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
Ordinance No. 1014 (Land Use File #7-08/17) Page 4 of 5
Exhibit 5, Findings of Fact
development. The City has purchased the Lambert property to develop a stormwater facility in
accordance with the City’s Stormwater Master Plan.
4) Existing or anticipated transportation facilities are adequate for uses permitted under the
proposed designation and the proposed amendment is in conformance with the Oregon
Transportation Planning Rule (OAR 660-012-0060).
Finding: Development of the properties as municipal facilities will have less of an impact on
transportation facilities than development as residential properties. The stormwater detention
facility will not generate any demand on transportation facilities. The development of a park will
generate traffic but not at peak weekday hours. The City’s Transportation System Plan was
predicated on the area being in residential development.
5) The current Comprehensive Plan Map provides more than the projected need for lands in the
existing land use designation.
Finding: There are 1,867 acres of land in the UGB designated as Residential. The
Comprehensive Plan indicates that there are 921 buildable acres of land inside the UGB, and
outside of the City Limits. Since that time, there have been about 54 acres of residential land
annexed, including the concurrent application for annexation. The Plan also indicates that the City
will need approximately 460 acres of land for residential development over the course of the
planning period, and that there was 144 acres of buildable land in the city zoned for residential
use.
6) Public facilities and services necessary to support uses allowed in the proposed designation are
available or are likely to be available in the near future.
Finding: The properties are serviced by public water and by public sewer. The development of
the Lambert property as a stormwater detention facility will not require any utility services. The
development of the Puntney property as a public park will have minimal public water and sewer
demand.
7) Uses allowed in the proposed designation will not significantly adversely affect existing or
planned uses on adjacent lands.
Finding: The development of a park will provide needed public recreation opportunities to nearby
residents. The stormwater detention facility will have no impact on neighboring properties.
Section 17.12.180.6 Official Zoning Map Amendment Approval Criteria. Pursuant to SMC
17.12.180.6.b the following criteria must be demonstrated as being satisfied by the application for
Zoning Map amendment:
1) The proposed zone is consistent with the Comprehensive Plan map designation for the subject
property unless a Comprehensive Plan Map amendment has also been applied for and is
otherwise compatible with applicable provisions of the Comprehensive Plan.
Finding: A concurrent application for a Comprehensive Plan Map amendment has been filed.
2) Existing or anticipated services (water, sanitary sewers, storm sewers, schools, police and fire
protection) can accommodate potential development in the subject area without adverse impact on
the affected service area.
Finding: The properties are serviced by public water and by public sewer. The development of
the Lambert property as a stormwater detention facility will not require any utility services. The
development of the Puntney property as a public park will have minimal public water and sewer
demand. The North Santiam School District, the Stayton Police Department, and the Stayton Fire
Ordinance No. 1014 (Land Use File #7-08/17) Page 5 of 5
Exhibit 5, Findings of Fact
District were notified of the application. No comments were received from the School District,
Police Department, or Fire District.
3) Existing or anticipated transportation facilities are adequate for uses permitted under the
proposed zone designation and the proposed amendment is in conformance with the Oregon
Transportation Planning Rule (OAR 660-012-0060).
Finding: Development of the properties as municipal facilities will have less of an impact on
transportation facilities than development as residential properties. The stormwater detention
facility will not generate any demand on transportation facilities. The development of a park will
generate traffic but not at peak weekday hours. The City’s Transportation System Plan was
predicated on the area being in residential development.
4) The purpose of the proposed zoning district satisfies the goals and policies of the Comprehensive
Plan.
Finding: Policy PF-1 calls for the City to provide storm water management and parks and
recreational facilities within the urban growth boundary. The City has purchased the properties
for stormwater and park facilities. Policy PF-3 is for that recreational facilities should be
developed as the City’s population grows.
5) Balance is maintained in the supply of vacant land in the zones affected by the zone change to
meet the demand for projected development in the Comprehensive Plan. Vacant land in the
proposed zone is not adequate in size, configuration or other characteristics to support the
proposed use or development. A Zone Map Amendment shall not eliminate all available vacant
land from any zoning designation.
Finding: The Comprehensive Plan indicates that the public designation will be applied after land
is acquired by a public agency in order to avoid affecting private property values. There is no
other City-owned land that is appropriate for these uses. Following the zone map amendment, the
Planning Department reports there will be 15 vacant parcels zoned MD within the City, with a
total land area of approximately 7 acres.
6) The proposed zone amendment satisfies applicable provisions of Oregon Administrative Rules.
Finding: Notice of the proposed amendment was provided to the Department of Land
Conservation and Development on September 14.
7) The physical characteristics of the property proposed for rezoning are appropriate for the
proposed zone and the potential uses allowed by the proposed zone will not have an adverse
impact on the surrounding land uses.
Finding: The properties are generally flat and would allow for a wide variety of development
opportunities. The Puntney property is bisected by Mill Creek and the portion of the property on
the north side of the creek is mapped as forested wetlands. Development of the properties as a
park and as stormwater detention facility will provide open space and recreational opportunities
for nearby residents. The properties are adjacent to the Stayton Middle School campus, already
zoned Public/Semi-Public.
Ordinance No. 1014 (Land Use File #7-08/17) Page 1 of 5
Exhibit 6, Portion of Zoning Map
EXHIBIT 6, EXCERPT FROM OFFICIAL ZONING MAP
CITY OF STAYTON
M E M O R A N D U M
TO: Mayor Henry Porter and the Stayton City Council
FROM: Dan Fleishman, Director of Planning and Development
DATE: November 20, 2017
SUBJECT: Proposed Resolution Establishing Residential Rental
Registration Fee
ISSUE
The issue before the City Council is consideration of adoption of resolution establishing an
annual residential rental registration fee.
BACKGROUND INFORMATION
In November 2016, the City Council enacted Ordinance 1000 which established the Stayton
Rental Housing Code. Section 15.06.120 of the Code imposes an annual fee, to be established
by Council Resolution, for each dwelling unit covered by a rental agreement.
The City Council’s adopted Goals call for exploration of a licensing program for rental
properties. There was little guidance provided to staff with adoption of the Council Goal. Staff
is open to the ideas brought forward by Council members.
ANALYSIS
This year, the City increased the resources dedicated to property management and code
enforcement.
Resolution 969 would establish the requirement for owners of residential rental properties to
register their units with the Finance Department, and establish a $10.00 per unit annual fee. In
accordance with the policy established by Code, the penalty for late payment of the fee is
$75.00.
A rough estimate of the number of rental units covered by the registration and fee
requirement, the suggested fee would raise approximate $12,000 per year.
Staff envisions a more complete residential rental housing program would involve periodic
inspections of rental units to assure that they meet the standards in the Code. The annual fee
would support the inspection program.
RECOMMENDATION
Staff recommends adoption of Resolution 969 as presented.
OPTIONS AND MOTIONS
The City Council is presented with the following options.
1. Approve Resolution 969
Move to approve Resolution 969 as presented.
2. Approve Resolution 969 with modifications
Move to approve Resolution 969 with the following changes …
3. Return Resolution 969 to staff for modification.
Move to direct staff to modify Resolution 969 to …and present a revised resolution to the
City Council at the December 4, 2017 meeting.
4. Take no Action.
No motion necessary.
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 1 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
TITLE 15 ‐ BUILDINGS AND CONSTRUCTION
Chapter 15.08
STAYTON RENTAL HOUSING CODE
SECTIONS:
15.06.010 Title
15.06.020 Purpose
15.06.030 State of Oregon Residential Landlord and Tenant Act
15.06.040 Scope
15.06.050 Dangerous Buildings Code
15.06.060 Severability
15.06.070 Liability
15.06.080 Definitions
15.06.090 Standards
15.06.100 Enforcement
15.06.110 Appeals
15.06.120 Fees
15.06.010 TITLE
The provisions in Chapter 15.08 shall be known as the Stayton Rental Housing Code, may be
cited as such, and will be referred to herein as "this Chapter."
15.06.020 PURPOSE
The purpose of this Chapter is to provide minimum habitability criteria to safeguard health,
property, and public welfare of the owners, occupants, and users of residential rental buildings.
15.06.030 STATE OF OREGON RESIDENTIAL LANDLORD AND TENANT ACT
This Chapter is intended to supplement rather than conflict with the habitability standards of the
State of Oregon Residential Landlord and Tenant Act (ORS Chapter 90).
15.06.040 SCOPE
1. Except as described below, this Chapter shall apply to all buildings or portions thereof which
are legally used for human habitation and are covered by a rental agreement.
2. Those arrangements identified in the State of Oregon Residential Landlord and Tenant Act as
excluded from its authority are also exempted from this Chapter. The following are exempted
from this Chapter either through the State of Oregon Residential Landlord and Tenant Act or
in addition to it:
a. Hotels, motels and lodging houses.
b. Hospitals and other medical facilities.
c. Nursing homes, transition and rehabilitation residences, and similar facilities.
d. Group SR (“Special Residence”) Occupancies.
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 2 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
15.06.050 DANGEROUS BUILDINGS CODE
Conditions which define a building as dangerous under SMC Title 8, Chapter 8.04 will be abated
through the procedures specified in SMC Title 8, Chapter 8.04.
15.06.060 SEVERABILITY
If any section, paragraph, subdivision, clause, sentence, or provisions of this Chapter shall be
adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of the Chapter, but the effect thereof
shall be confined to the section, paragraph, subdivision, clause, sentence or provision
immediately involved in the controversy in which such judgment or decree shall be rendered, it
being the intent of the governing body to enact the remainder of this Chapter notwithstanding the
parts to be declared unconstitutional and invalid.
15.06.070 LIABILITY
The City officials charged with the enforcement of this Chapter, acting in good faith and without
malice in the discharge of the duties required by this Chapter or other related laws and
ordinances shall not thereby be rendered personally liable for damages that may accrue to
persons or property as a result of an act or by reason of an act or omission in the discharge of
such duties.
15.06.080 DEFINITIONS
For purposes of this Chapter, the following definitions shall apply:
1. Agent: A person authorized by another to act in his/her behalf.
2. Building Code: The currently adopted edition of the State of Oregon Structural Specialty
Code.
3. Building Official: The individual(s) designated by the City Administrator to administer and
enforce the building codes and inspect buildings.
4. Dangerous Buildings Code: Those provisions of SMC Title 8, Chapter 8.04 adopted for the
abatement of unsafe buildings.
5. Dwelling Unit: A single unit providing complete independent living facilities for one or
more persons including provisions for living, sleeping, eating, cooking and sanitation. For
purposes of this Chapter, where portions of a residential building are occupied under separate
rental agreements, but tenants share eating, cooking, and/or sanitation facilities, each portion
under a separate rental agreement shall be considered a dwelling unit.
6. Habitable Room: Any room used for sleeping, living, cooking or dining purposes, but
excluding closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility
rooms and similar spaces.
7. Group SR Occupancies: Special residences where personal care is administered and that are
licensed by, or subject to licensure by, or under the authority of the Oregon Department of
Human Services or any other State agency.
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 3 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
8. Mechanical Code: The currently adopted edition of the State of Oregon Mechanical
Specialty Code.
9. Ordinance Enforcement Officer: The individual designated by the City Administrator to
enforce the provisions of this Chapter.
10. Plumbing Code: The currently adopted edition of the State of Oregon Plumbing Specialty
Code.
11. Rental Agreement: All agreements, written or oral, concerning the use and occupancy of a
dwelling unit and premises.
15.06.090 STANDARDS
1. Structural Integrity.
a. Roofs, floors, walls, foundations, stairways and railings, and all other structural
components shall be capable of resisting any reasonable stresses and loads to which
these components may be subjected and shall be maintained in good repair.
b. Structural components shall be of materials allowed or approved by the Building
Code.
2. Plumbing.
a. Each dwelling unit shall be provided with access to a toilet, bath or shower, and
lavatory in a room or rooms separate from the habitable rooms and which affords
privacy, within the building in which the dwelling unit is located.
b. Plumbing systems shall be installed and maintained in a safe and sanitary condition
and shall be free of defects, leaks and obstructions.
c. Plumbing components shall be of materials allowed or approved by the Plumbing
Code.
3. Heating.
a. There shall be a permanently installed heat source with the ability to provide a room
temperature of 68 degrees Fahrenheit three feet above the floor, measured in the
approximate center of the room, in all habitable rooms. Portable space heaters shall
not be used to achieve compliance with this section.
b. All heating devices or appliances shall be of an approved type and shall conform to
applicable law at the time of installation.
c. Ventilation for fuel-burning heating appliances shall be as required by the Mechanical
Code at the time of installation.
4. Electrical. Electrical lighting, fixtures and outlet and all other electrical equipment shall
conform to applicable law at the time of installation and shall be maintained in good working
order.
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 4 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
5. Weatherproofing.
a. Roof, exterior walls, windows and doors shall be maintained to prevent water leakage
into living areas which may cause damage to the structure or its contents or may
adversely affect the health of an occupant.
b. Repairs must be permanent rather than temporary and shall be through generally
accepted construction methods.
6. Smoke Detectors. Every dwelling unit shall be equipped with an approved and properly
functioning smoke alarm or smoke detector installed and maintained in accordance with the
State Building Code, ORS 479.270, 479.275, and 479.285, and applicable rules of the State
Fire Marshal.
7. Carbon Monoxide Detectors. Every dwelling unit shall be equipped with an approved and
properly functioning carbon monoxide alarm in accordance with applicable rules of the State
Fire Marshal if the dwelling unit contains a carbon monoxide source or is located within a
structure that contains a carbon monoxide source and the dwelling unit is connected to the
room in which the carbon monoxide source is located by a door, ductwork or a ventilation
shaft.
8. Security. Doors and windows leading into a dwelling unit must be equipped with locks and
shall be maintained in a condition so as to restrict access into the dwelling unit.
9. Buildings and Grounds. Buildings, grounds and appurtenances must be, at the time of the
commencement of the rental agreement, in every part safe for normal and reasonably
foreseeable uses, and shall be kept clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord shall
be kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage, rodents and vermin.
10. Interpretations.
a. The Ordinance Enforcement Officer is empowered to render interpretations of this
Section.
b. Such interpretations shall be in conformance with the intent and purpose of this
Chapter.
15.06.100 ENFORCEMENT
1. Authority.
a. The Ordinance Enforcement Officer is hereby authorized and directed to enforce all
the provisions of this Chapter.
2. Complaint.
a. A complaint must be in writing and may be filed in person or by mail, e-mail or fax.
b. A complaint must include the following:
i. Name of person filing the complaint; complaints may not be submitted
anonymously.
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 5 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
ii. Name of the landlord.
iii. Address of the alleged violation.
iv. A complete description of the alleged violation.
v. A copy of the written notice of the alleged habitability violation that has been
sent by the tenant to the landlord.
c. A person who files a complaint must be a party to the current rental agreement
covering the property in question or an agent of that party.
d. The Ordinance Enforcement Officer or any other City official or employee shall not
report a person who files a complaint to immigration officials.
e. Complaints will be processed by Ordinance Enforcement Officer using an
administratively adopted written procedure which includes the following:
i. confirmation that the complainant has standing to file a complaint;
ii. confirmation that the subject of the complaint, if confirmed, would be a
violation of this Chapter;
iii. confirmation that the landlord has had seven days, plus three days for mailing
per ORS 90.150(3), since mailing of the written notice by the tenant, to
respond to the complaint; except that when the violation is an absence of:
heat, water or hot water, or any properly functioning toilets, sinks or smoke
detectors in the dwelling unit, confirmation that the landlord has had 48 hours,
by written notice from the tenant, to respond to the complaint; and
iv. written notification to the landlord by the Ordinance Enforcement Officer of
the complaint.
3. Ordinance Enforcement Officer Initiated Enforcement. Notwithstanding the provisions of
Section 15.08.100.2 above, the Ordinance Enforcement Officer may enforce the standards of
Sections 15.08.090.1, 15.08.090.5, and 15.08.090.9 without a complaint being filed when
apparent violations are visible from a public street or property with public access.
4. Investigations.
a. Investigations will be initiated only after the procedure established in Sect
15.08.100.2.E above has been followed.
b. The Ordinance Enforcement Officer will conduct an investigation to confirm the
validity of the complaint.
c. If the complaint is determined to be not valid, the case will be closed and all parties
notified.
d. If the complaint is determined to be valid, the Ordinance Enforcement Officer will
issue a Notice of Violation and Order of Abatement.
5. Inspection and Right of Entry. When it may be necessary to inspect the buildings or premises
to enforce the provisions of this Chapter, the Ordinance Enforcement Officer, in accordance
with administrative policy, may enter the building or premises at reasonable times to inspect
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 6 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
or to perform the duties imposed by this Chapter, provided that if such building or premises
is occupied, that credentials be presented to the occupant and entry requested. If such
building or premises is unoccupied, the Ordinance Enforcement Officer shall first make a
reasonable effort to locate the owner or other person having charge or control of the building
or premises and request entry. If entry is refused, the Ordinance Enforcement Officer shall
have recourse to the remedies provided by SMC Title 1, Chapter 1.24 to gain entry.
6. Notices and Orders.
a. For valid complaints, the Ordinance Enforcement Officer shall issue a Notice of
Violation and Order of Abatement to the landlord. The Notice and Order shall include
the following:
i. Street address.
ii. A statement that the Ordinance Enforcement Officer has found the building or
premises to be in violation of this Chapter as alleged in the complaint.
iii. A thorough description of the violation.
iv. Statements advising the landlord that if the required repairs or corrective
actions are not completed within seven days, plus three days for mailing from
the date of the Notice and Order (48 hours when the Code violation is an
absence of: heat, water or hot water, or any properly functioning toilets, sinks
or smoke detectors in the dwelling unit), then Ordinance Enforcement Officer
shall:
a) Record the Notice and Order against the property.
b) Coordinate the issuance of a citation to the landlord to appear in
Stayton Municipal Court.
c) Initiate action to recover all City costs associated with the processing
of the complaint, investigation and the resolution of the matter.
v. Statements that the landlord may appeal the Notice and Order as specified in
this Chapter.
vi. The date by which the repairs or corrective actions must be completed and a
reinspection scheduled.
b. The Notice of Violation and Order of Abatement, and any amended or supplemental
Notice and Order, shall be posted on the premises and shall be served upon the
landlord by first class mail, at the address of record in the Marion County Assessor’s
records.
7. Failure to Comply. If there is not compliance with the Notice and Order by the specified
date, the Ordinance Enforcement Officer shall:
a. Coordinate the issuance of a citation to the landlord to appear in Stayton Municipal
Court;
b. Record the Notice and Order against the property with all recording costs to be the
responsibility of the landlord; and
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 7 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
c. Initiate an accounting for all costs associated with the processing of the complaint,
investigation and the resolution of the matter with the intent and purpose of
recovering these costs from the landlord. A lien may be placed on the subject
property.
8. Compliance.
a. Upon compliance with the Order of Abatement, the Ordinance Enforcement Officer
will issue a Notice of Compliance to the landlord and to the complainant.
b. If a Notice and Order was recorded against the property, the Ordinance Enforcement
Officer will record the Notice of Compliance against the property.
c. If an accounting was initiated for all costs associated with the processing of the
complaint, investigation and the resolution of the matter, the Finance Director will
proceed with collecting these costs from the landlord using adopted City procedures,
including lien foreclosure.
9. Penalties. Any person violating any of the provisions of this Chapter shall, upon court
conviction thereof, be punished by a fine as specified by Council Resolution. Each day that a
violation remains unrectified after notification is a separate offense.
15.06.110 APPEALS
1. Appeal to City Administrator. Any tenant who has filed a complaint that the Ordinance
Enforcement Officer determines is not valid may file a written appeal to the City
Administrator within 10 days of the date the notice of determination was mailed. Any
landlord who has been issued a Notice of Violation by the Ordinance Enforcement Officer
may file a written appeal to the City Administrator within 10 days of the date the Notice of
Violation was mailed.
2. City Administrator’s Decision on the Appeal.
a. The City Administrator shall consider the appeal within 15 days from the date of the
City’s receipt of the appeal. The City Administrator may, at the City Administrator’s
sole discretion:
i. Remand the matter back to the Ordinance Enforcement Officer for
reconsideration;
ii. Grant the request on appeal, with or without conditions; or
iii. Deny the request on appeal.
b. The City Administrator shall issue a written Notice of Decision regarding the appeal.
The City Administrator’s decision may be appealed, in writing, to the City Council.
3. Appeal to City Council.
a. The City Administrator’s decision to approve or deny an appeal may be appealed by
the tenant or the landlord to the City Council within 10 days of the mailing of the
Notice of Decision. The appeal shall be in writing and shall clearly describe the
matter being appealed and the grounds for the appeal. The City Council shall consider
the appeal at a regularly scheduled meeting, no later than 45 days from the date of the
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 8 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
City’s receipt of the appeal. The Mayor may invite testimony, at the Mayor’s
discretion. The City Council may, at its discretion:
i. Remand the issue back to the City Administrator for reconsideration;
ii. Grant the request on appeal, with or without conditions; or
iii. Deny the request on appeal based on the record.
b. The City Council’s decision is final.
4. Appeal Fee. Any appeal submitted under this Section shall include a filing fee to be
established by Council Resolution.
5. Scope of Appeal. Appeals may be filed regarding notices, orders, interpretations and
decisions made by the Ordinance Enforcement Officer or the City Administrator relative to
this Chapter.
6. Form of Appeal. An appeal must be in writing and include the following:
a. Name of person filing the appeal.
b. Copy of the notice and order.
c. Copy of the section of this Chapter which is being appealed.
d. A complete description of the issues and an explanation of the appeal.
e. What determination is requested of the City Administrator or City Council.
7. Appeal Procedure.
a. Appeals shall be submitted to the Planning and Development Director. The Planning and
Development Director shall confirm that the appeal meets the filing criteria and the
appeal request and explanation is complete.
b. If the filing criteria have not been met, the person filing the appeal will be so notified. In
the discretion of the Planning and Development Director, the filing deadline may be
extended by an additional three days to allow the appellant to resubmit an appeal
document that has been deemed incomplete. Only one extension may be granted.
c. If the filing criteria are met, the Planning and Development Director shall forward the
appeal to the City Administrator or schedule a hearing before the City Council, as
appropriate.
15.06.120 FEES
1. For the purpose of offsetting costs to the City associated with the enforcement of this Chapter
there is hereby imposed an annual fee, to be established by Council Resolution, for each
dwelling unit covered by a rental agreement.
2. The following unit types, while subject to the standards, enforcement procedures, and other
requirements established in this Chapter, shall be exempt from the fee payment requirements
of this Section: rentals with a recorded deed restriction requiring the units to be rented
affordably to households at or below 50% of the Area Median Income; rentals under contract
with a public agency that requires the rental to be inspected at least annually and verifies that
15.06 Rental Housing Code
Ordinance No. 1000, Adopted November 7, 2016
Page 9 of 9
ERRATA
SMC 15.08 is modified and corrected to be SMC 15.06
throughout. This revision is a minor modification and does not
change the content of the Municipal Code or Ordinance itself.
the dwelling is rented to a low income household; and rentals designated as senior or
disabled housing by a public agency.
3. The landlord is responsible for paying the annual fee upon written or electronic request. The
Finance Director shall adopt and implement policies and procedures which include multiple
written or electronic communications with landlords before assessing a penalty. The penalty
established below is necessary to offset the actual cost of these procedures when payment of
the annual fee is not timely made or when payment of the annual fee is not made.
4. Policy regarding penalties. Providing minimally habitable rental housing is of great
importance within the City of Stayton. The costs of this program are intended to be
somewhat offset by the annual fees, but the City Council also desires to not greatly increase
the cost of renting residential property within the City. The City Council has balanced raising
the amount of the annual fee in order to offset the cost of the program against the desire for
landlords to pay the annual fee in a timely manner, and finds that an artificially lower annual
fee that encourages timely payment is more likely to provide funding that offsets the costs of
this essential program than is a higher fee which would capture all the administrative costs of
collection. The City finds that staff charged with administration and enforcement of this
program spend a grossly disproportionate portion of their time attempting to collect fees or to
collect untimely fees from a relatively few landlords. The City Council finds that relatively
low penalties for failing to pay the annual fee or for failing to pay the annual fee in a timely
manner, encourages some landlords to fail to make payments or to make late and untimely
payments. The City Council finds that relatively low penalties therefore result in an even
more unfair apportionment of the cost of providing this essential program to other landlords
and taxpayers, and threatens the City's ability to provide the service for the low annual fee.
5. Failure to pay the fee as requested will subject the landlord to the following actions:
a. A penalty fee to be established by Council Resolution will be assessed to the landlord
for each unpaid per unit fee if the annual fee is not paid by the date specified in the
written or electronic request for payment.
b. The City will initiate appropriate action to collect the fees due and all costs associated
with these actions will be assessed to the landlord.
c. Appropriate action may include placing a lien on the property.
Resolution No. 969 – Resolution establishing residential rental unit registration and fee
RESOLUTION NO. 969
A RESOLUTION ESTABLISHING AN ANNUAL RESIDENTIAL RENTAL FEE,
PROCEDURES FOR PAYMENT OF THE FEE AND PENALTIES FOR
NONPAYMENT OF THE FEE
WHEREAS, Stayton Municipal Code (SMC) Section 15.06.120.1 imposes an annual fee for each
dwelling unit covered by a rental agreement, the amount of the fee to be established by Council
Resolution;
WHEREAS, SMC Section 15.06.12.02 exempts certain dwelling unit types from payment of the
annual fee;
WHEREAS, SMC Section 15.06.120.5 authorizes a penalty for nonpayment of the annual fee;
NOW THEREFORE, BE IT RESOLVED that:
Section 1. Residential Rental Unit Registration Required. Each owner of a dwelling unit with a
rental agreement, as those terms are defined by SMC Section 15.06.080, shall register the
dwelling unit with the Finance Department. The Finance Department shall prepare a
Residential Rental Unit Registration Form to be used and shall notify in writing the owners
of property of the necessity to file a completed registration form.
Section 2. Establishment of Annual Residential Rental Fee. The Stayton City Council does hereby
establish an annual fee of $10 per unit for each rental unit, except units exempt from
payment of the fee under SMC Section 15.06.120.2. The fee shall be due and payable no
later than January 31 of each calendar year.
Section 3. Establishment of Penalty for non-payment of annual fee. The Stayton City Council does
hereby establish the penalty for failure to pay the annual fee by April 1 of each year as $75
per rental unit.
This Resolution shall become effective upon adoption by the Stayton City Council.
ADOPTED BY THE STAYTON CITY COUNCIL this 20
nd
day of November, 2017
CITY OF STAYTON
Date:_______________, 2017 By: ____________________________________
Henry A Porter, Mayor
Date:_______________, 2017 Attest:____________________________________
Keith D Campbell, City Administrator
APPROVED AS TO FORM:
____________________________
Wallace W. Lien, Acting City Attorney
CITY OF STAYTON
M E M O R A N D U M
TO: Mayor Henry Porter and the Stayton City Council
FROM: Cindy Chauran, Associate Accountant
Elizabeth Baldwin, Utility Billing Clerk
DATE: November 20, 2017
SUBJECT: Monthly Finance Department Report
October 2017
September 2017
Number of Bills Mailed
2,397
2,414
Number of Bills Emailed
289
281
Number of Bills on Auto-Pay
522
528
Delinquent Notices Sent Out
540
495
Courtesy Delinquent Notices Sent to Landlords
160
166
Notified of Impending Shut-Off & Penalty
155
160
Customers Issued Payment Extensions
29
32
Customers with Interrupted Services Non-Payment
13
13
Services Still Disconnected
1
1
Number of Checks Issued
171
137
Total Amount of Checks
$407,459.10
$266,895.45
Public Works Monthly Operating Report Page 1
October 16, 2017
CITY OF STAYTON
M E M O R A N D U M
TO: Mayor Henry Porter and the Stayton City Council
FROM: Lisa Meyer, Administrative Assistant
DATE: November 20, 2017
SUBJECT: Public Works Monthly Operating Report for October 2017
KEY ACTIVITIES STATUS
• WWTP Facility Effluent flows: 41.40 million gallons were treated during October. The highest
flow was 2.48 million gallons on October 22
nd
and the lowest flow was 0.95
million gallons on October 6
th
& 18
th
. The average flow was 1.34 million gallons.
Total rainfall for October was 7.15 inches.
• WTP Highest production day was 3,334,000 gallons on October 1, 2017.
• Water System Installed 1 new meter and radio reader. Replaced 17 meters. Repaired water
line at 510 Cedar Street. Repaired fire hydrant at Fourth and Fir. Cleaned #3
filter bed.
• Streets Swept 230 curb miles and collected 200 cubic yards of material. Used 2,670
pounds of cold patch for pot hole patching. Replaced “School Crossing” signs at
Gardner, Locust and Regis streets. Replaced “No Parking” signs on Gardner Ave.
Parks Volunteers:
Community Service: Total # of Volunteers = 0, Total # of hours = 0
Life skills High School Students: Total # of Volunteers = 0, Total # of hours = 0
Parks Board: Total # of Volunteers = 5, Total # of hours = 3.75
• Building Permits
Permit Type
Issued
SDC’s Paid
New Single Family Dwelling
769 Fox St., 1014 Cooper Ct., 2139 Deer Ave., 485 W. Ida
St.
4
$43,028.00
Residential Building Addition/Alter/Other
-
$0
Commercial Building Addition/Alter/Other
582 E. Washington St., 100 Whitney St.
2 $0
Electrical
1
Mechanical
-
Plumbing
2
TOTAL
9
$43,028.00
One (1) Residential SDC = $11,288.00 + $733.00 for Mill Creek SDC + Storm
Water SDC $1990.00 or $2854.00
CITY OF STAYTON
M E M O R A N D U M
TO: Mayor Henry Porter and the Stayton City Council
FROM: Dan Fleishman, Director of Planning and Development
DATE: November 20, 2017
SUBJECT: Report of Activities for October, 2017
Planning Commission meeting held; public hearing on annexation, comprehensive plan
amendment, zoning map amendment;
Attended annual Main St Conference
Attended meeting of Valley Development Initiative Housing Rehabilitation Partners
Attended Oregon Economic Development Association training
Attended Census Bureau training on Local Update to Census Addressing program
Met with applicant for Enterprise Zone tax exemption
Submitted preapplication for Reginal Infrastructure Grant
Developed request for proposals for Transportation Master Plan update
Working with Public Works Department staff, improvements to the Geographic Information
System continued
Monthly Library Report Page 1 of 1
CITY OF STAYTON
M E M O R A N D U M
TO: Mayor Porter and the Stayton City Council
FROM: Janna Moser - Library Director
DATE: November 20, 2017
SUBJECT: October Library report
In October, we had a Makerspace Bots program for children and teens. They worked with
Cubelets and programmed Ozobots with colored markers. Cubelets are magnetic cubes used to
create robots without programming. It was a great opportunity to provide hands-on access to
technology.
NASA’s Dr. Norman Chaffee spoke at the library on October 13. Thank you to the JPL Museum
and the Friends of the Library for making it possible. Our October author visit was Therese
Oneill, the author of the New York Times bestselling book Unmentionable: The Victorian Lady's
Guide to Sex, Marriage, and Manners. She guided us through the Victorian lady’s secret life of
beauty and health.
The Friends of the Library made $3951.04 at the October book sale. The next sale will be April
12-14. The Library Foundation’s Brews, Bites, and Books will be January 27. It will feature Three
Creeks Brewing.
Upcoming events to mark on your calendars:
● Teens: The Lost Mummy - An Escape Party - December 1 at 6:00pm
● DIY Craftshop: Ugly Holiday Sweaters - December 7 at 5:30pm
● Oregon Author visit – Zoe Burke - December 14 at 7:00pm
● Brews, Bites and Books - January 27
TOTAL CHECKOUTS
12,761
12,616 11,204 11,545 48,126 126,579
Self check out 4,086 4,177 3,703 3,688 15,654 39,895
Library2Go (ebooks +)
910 972 947 970
3,799 9,917
Non-resident cards $89.50 $130.00 $177.00 $105.00 $501.50 $2,180.20
Fines: overdue & lost books $1,121.79 $1,917.07 $1,235.71 $600.29 $4,874.86 $10,821.37
Room fees -$31.25 $25.00 $115.00 $90.00 $198.75 $1,332.00
TOTAL $5,575.11 $14,333.57
In-Person, by phone and computer help 584 364 352 356 1,656 6,035
NEW PATRON CARDS 65 89 58 48 260 796
INTERNET USE 938 1,122 1,066 1,116 4,242 11,398
Children & adults at Children's Programs 761 58 427 414 1,660 7,229
Teens 17 20 32 35 104 150
Adults 57 31 43 47 178 764
Outreach 0 0 0 0 0 4,054
TOTAL 1,942 12,197
MEETING ROOM ATTENDANCE 33 54 91 158 336 1,621
PATRON VISITS 7,645 7,690 6,285 6,585 28,205 79,782
VOLUNTEER HOURS 254 210 170 211 844 2,392
2017-2018 Monthly Library Statistics
July August Sept. Oct. Nov. Dec. Jan. Feb. March April May June 2017-18 YTD 2016-17 YTD
OTHER CIRCULATION SERVICES
INCOME RECEIVED
REFERENCE QUESTIONS
PROGRAM ATTENDANCE
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AGENDA STAYTON CITY COUNCIL MEETING (City of Stayton)

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Completed 16 July 2020

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