This chapter implements state and local laws, including ORS Chapter 222 and Metro Code Chapter 3.09, regarding the annexation of property into the city of Cornelius. It is intended to facilitate efficient urban and economic development opportunities by transferring jurisdiction over property within the Metro urban growth boundary from Washington County to the city of Cornelius. It also implements city-specific policies regarding annexation.
(Ord. 2024-03 § 1 (Exh. A), 2024)
(A) 
Only owners of real property in the territory to be annexed, or the Cornelius city council, may initiate an annexation. A property owner must file an application with the city to initiate an annexation and pay the associated fee. State law refers to the application as a "petition" for annexation. The city council may initiate an annexation by simply approving a motion during a public meeting.
(B) 
If the city agrees to provide utility services (e.g., water or sewer service) to a property outside the city limits, the property owner must annex into the city. If, at the time the city agrees to provide utility services, the property is not contiguous to the city, then the property owner must enter into an annexation contract with the city in accordance with ORS 222.115.
(C) 
Where the city currently provides water or sewer service to a property outside the city limits, the property owner shall not object to or oppose annexation into the city.
(Ord. 2024-03 § 1 (Exh. A), 2024)
(A) 
Prior to filing a petition for annexation, a property owner must schedule and attend a preapplication conference with the city. At that time, the city will review the annexation process with the property owner and identify the applicable requirements, including applicable forms and fees. The city manager may waive this requirement on a case-by-case basis. Annexations that the city council may initiate are exempt from the preapplication conference requirement.
(B) 
Except as state law may otherwise permit, petitions for annexation must relate to territory located within the Metro urban growth boundary.
(C) 
A petition must be filed on a form provided by the city, be accompanied by the applicable fee, and include the following:
(1) 
The information required by Metro Code 3.09.040;
(2) 
A narrative addressing the approval criteria of this chapter, the criteria in Metro Code 3.09.045(D), and if applicable, 3.09.045(E);
(3) 
A copy of an assessor's map clearly showing the territory proposed for annexation and the existing boundary of the city near the territory;
(4) 
A legal description of the territory, which must be in the form of a metes and bounds description unless the territory was the product of a subdivision or partition, in which case it may be described by lot and block;
(5) 
The existing county zoning for the territory, and the proposed city zoning for the territory; and
(6) 
A determination of whether the territory proposed for annexation qualifies as a "minor boundary change" pursuant to Metro Code Chapter 3.09.
(Ord. 2024-03 § 1 (Exh. A), 2024)
The city may approve a petition for annexation if it finds the petition satisfies the following criteria:
(A) 
The territory proposed for annexation is partially located within the Metro urban growth boundary;
(B) 
The territory is contiguous to the existing boundary of the city of Cornelius;
(C) 
The proposed annexation complies with applicable provisions of ORS Chapter 222;
(D) 
The proposed annexation is consistent with applicable provisions of the city's comprehensive plan;
(E) 
The proposed annexation complies with Metro Code 3.09.045(D) and, if applicable, 3.09.045(E);
(F) 
The proposed zoning for the territory is consistent with the city's comprehensive plan, and other Metro or state requirements that may affect the zoning for the territory; and
(G) 
Approving the proposed annexation is in the city's best interest.
(Ord. 2024-03 § 1 (Exh. A), 2024)
(A) 
Upon receipt of a petition, the director will review the petition for completeness in a manner consistent with CMC § 18.10.050, and subsequently allow the petitioner the opportunity to supplement the petition with any missing or requested information.
(B) 
The city director will review whether the territory proposed for annexation qualifies as a "minor boundary change" pursuant to Metro Code Chapter 3.09.
(1) 
If the petition qualifies as a "minor boundary change," the city may review and approve the petition in accordance with Metro Code 3.09.045 and may adopt the annexation by resolution. Metro Code 3.09.045 allows the city to expedite review of minor boundary changes and does not require the city to hold a public hearing, unless a party entitled to notice requests one.
(2) 
If the petition does not qualify as a "minor boundary change," the city will process the petition in accordance with CMC § 18.10.070(C) and Metro Code 3.09.050.
(C) 
Notwithstanding any language to the contrary in this code, an annexation petition is not a "permit" as that term is defined in ORS 227.160. Therefore, annexations are not subject to the 120-day processing deadline established in ORS 227.178.
(Ord. 2024-03 § 1 (Exh. A), 2024)
A fee shall be charged for all review and approval procedures, land use permits and administrative actions governed by this title. Fees shall be set by resolution adopted by the city council.
(A) 
Fee Schedule Update. The city council shall update the fee schedule from time to time.
(B) 
Incorporation by Reference. The fee schedule most recently adopted by the city council is incorporated by reference in this title.
(C) 
Fees Due and Payable. Fees are due and payable at the time an application is submitted. The requirement to pay a fee is jurisdictional, and the city will not process an application without payment of the associated fee. If an applicant pays a fee after submitting an application, the date they pay the fee will be considered the date they submitted the application.
(Ord. 2024-03 § 1 (Exh. A), 2024)
On May 12, 2021, Governor Brown signed into state legislation HB 2006, a bill intended to respond to the current statewide housing crisis authorizing cities to site emergency shelters if certain conditions are met. The new law took effect immediately and requires local governments to approve an application for an emergency shelter regardless of state or local land use laws, if the application meets specific approval criteria outlined in the bill, as codified below. An "emergency shelter" provides "shelter on a temporary basis for individuals and families who lack permanent housing." Any emergency shelter use or activity specifically authorized below may not be put to any other use without securing the necessary land use approval as required by state law and the Cornelius Municipal Code.
Compliance with this state law is not a land use decision and it removes state requirements for a mailed notice, public hearing, or solicitation of public comment on an application. Local governments are obligated to approve applications for shelters that meet the criteria below. Decisions under this law may not be appealed to the planning commission, city council or the Land Use Board of Appeals but may be appealed using the writ of review process provided under ORS 34.010 through 34.100.
(Ord. 2024-03 § 1 (Exh. A), 2024)
(A) 
A shelter as used in this section means a building or cluster of buildings that provides shelter on a temporary basis for individuals and families that lack permanent housing. Shelter shall also include youth shelters, winter or warming shelters, day shelters and family violence shelter homes as defined in ORS 409.290.
(B) 
An applicant is limited to:
(1) 
A local government as defined in ORS 174.116;
(2) 
An organization with at least two years of experience operating an emergency shelter using best practices that is one of the following entities:
(a) 
A local housing authority as defined in ORS 456.375;
(b) 
A religious corporation as defined in ORS 65.001; or
(c) 
A public benefit corporation, as defined in ORS 65.001, whose charitable purpose includes the support of homeless individuals, that has been recognized as exempt from income tax under Section 501(a) of the Internal Revenue Code on or before January 1, 2008; or
(d) 
A nonprofit corporation partnering with any other entity listed above.
(C) 
The following services may be provided to clients at no cost, or a monthly fee of no more than $300.00 per month per client and only to clients who are financially able to pay the fee and who requested the services:
(1) 
Showering or bathing;
(2) 
Storage for personal property;
(3) 
Laundry facilities;
(4) 
Service of food prepared on site or off site;
(5) 
Recreation areas for children and pets;
(6) 
Case management services for housing, financial, vocational, educational or physical or behavioral health care services;
(7) 
Any other services incidental to shelter;
(8) 
May also provide additional services not described above to individuals who are transitioning from unsheltered homeless status.
(Ord. 2024-03 § 1 (Exh. A), 2024)
(A) 
Shelter includes sleeping and restroom facilities for clients;
(B) 
Shelter will comply with the applicable building codes;
(C) 
Shelter is not located within an area designated under a statewide planning goal related to natural disasters and hazards, including flood plains or mapped environmental health hazards, unless the development complies with regulations directly related to the hazard;
(D) 
Has adequate transportation access to commercial and medical services;
(E) 
Will not pose any unreasonable risk to public health and safety.
(Ord. 2024-03 § 1 (Exh. A), 2024)