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January 2019
CITY OF STAYTON
A
PPLICATION FOR ANNEXATION
APPLICATION AND DECISION MAKING PROCEDURES
1. P
RE-APPLICATION MEETING
Pr
ior to submittal of an application, a pre-application meeting with City Staff is required. A completed pre-application
form and sketch plan drawing need to be submitted at least 14 days in advance of the meeting along with the $300
pre-application meeting fee. Meetings are held every Tuesday afternoon.
2. A
PPLICATION FEE
Submis
sion of a completed application form, with a plan and attachments, and payment of the application fees are
required before the review process begins. The application and fees shall be submitted to the Planning Department
during regular business hours. The fee for this application is $1,800, which will include the fee for any other land use
applications. 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. Applications for annexations of more than 3 acres require approval by
the voters of the City. The fee is increased by $4,500 for any application which requires voter approval to cover the
City’s cost of conducting the election.
3. R
EVIEW FOR COMPLETENESS AND SCHEDULING A HEARING
Th
e 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 City
Planner 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. Applications for Major Annexations must be submitted
before September 30 to be scheduled for a May election and before March 31 to be scheduled for a November
election.
4. S
TAFF REPORT
Onc
e a hearing date is set, the City Planner will prepare a staff report summarizing the applicant’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.
5. P
UBLIC HEARING BEFORE THE STAYTON PLANNING COMMISSION
Pr
ior to the public hearing, notice is required to be sent to all property owners within 300 feet of the property 20 days
before 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 hearing is conducted by
the Chairperson in accordance with the Stayton Public Hearing Rules of Procedure. These rules are available at the
Planning Department and on the City’s web site..
At the conclusion of the hearing and deliberation, the Planning Commission will adopt an order recommending action
to the City Council stating the decision criteria, findings of fact, conclusions whether the application meets the
applicable standards and the Commission’s decision. The Commission may decide to recommend denial, approval, or
approval with conditions.
6. P
UBLIC HEARING BEFORE THE STAYTON CITY COUNCIL
Anne
xations must be adopted by ordinance. 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, Planning Commission findings, and any new
information will be presented to Council for consideration. The purpose of the hearing is to receive further public
testimony, to review the application and consider the Planning Commission’s decision and conditions. Generally, the
January 2019
Council will make a decision at the conclusion of the hearing process, but may delay the decision for further
information or action by the applicant. The Council will then adopt an order either approving or denying the
application. Major annexations will be scheduled for approval by referendum at the May or November elections.
7. A
PPEALS
Co
uncil actions may be appealed to the State Land Use Board of Appeals pursuant to ORS 197.805 through 197.855.
8. F
OR MORE INFORMATION
Ca
ll 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.
January 2019
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.
Lot and block description or a metes and bounds description, marked Exhibit A.
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 proposed uses of the property.
Legal Description: A legal description of the property proposed to be annexed, meeting the requirements
of ORS 308.225, must accompany the application.
Sta
yton 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.
January 2019
1
CITY OF STAYTON
A
PPLICATION 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.
P
LANNING 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:
StreetAddress:
Assessor's Tax Lot Number and Tax Map Number:
Closest Intersecting Streets:
CURRENT COMPREHENSIVE PLAN DESIGNATION:
ZONE MAP DESIGNATION PROPOSED WITH ANNEXATION:
SIGNATURE OF APPLICANT:
___________________________________________________________________________
D
O NOT WRITE BELOW THIS LINE
---------------------------------------------------------------- -------------------------------------------------------------------------------------------
Application received by: Date: Fee Paid: $ Receipt No.
Land Use File#________________
Submit Via Email
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January 2019
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. N
EED: What is the demonstrated need for this property to be annexed into the City?
2. A
DEQUATE UTILITIES: How will the proposed annexation obtain or maintain adequate utility systems (including
water, sewer, 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. How does the proposed annexation comply, or will 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?
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Completed 5 August 2020

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