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ZCA2020-00002 APPROVED ZCA2O2O - 00002 RIE' I 'MAN ANNEXATION OFFICE OF THE SECRETARY OF STATE OF O ARCHIVES DIVISION 4, `�;. •p STEPHANIE CLARK SHEMIA FAGAN '�COV* DIRECTOR -t IID4� SECRETARY OF STATE N .Y�yy�.°*i Z 800 Summer Street NE Salem,Oregon 97310 � Information(503)373-0701 CHERYL MYERS 1859 ( ) Fax 503 378-4118 DEPUTY SECRETARY OF STATE htto//sos.oreaon.00v/archives January 26, 2021 City of Tigard Associate Planner 13125 SW Hall Blvd Tigard, Oregon 97223 Dear Recorder: Please be advised that we have received and filed, as of January26, 2021 the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD # 21-01 AN 2021-0009 (Rietman) (ZCA 2020-00002) For your records please verify the effective date through the Applicable ORS. Our assigned file number(s) are included in the above information. Sincerely, t \a-AVY atOLI Dani Morley Oregon State Archives Official Public Documents Cc: Department of Revenue Population Research Center Final Documents for Annexation to Tigard Metro proposal number: WA0621 Ordinance/Resolution: 21-01 Annexation:ZCA 2020-00002 DOR: 34-2438-2021 SOS: AN 2021-0009 OFFICE OF THE SECRETARY OF STATE o FARCHIVES DIVISION �q STEPHANIE CLARK 0 DIRECTOR SHEMIA FAGAN SECRETARY OF STATE ft-1,1: : 0I 800 Summer Street NE Salem,Oregon 97310 rlf+ Information(503)373-0701 CHERYL MYERS X859 Fax(503)378-4118 htto//sos.oreaon oov/archives DEPUTY SECRETARY OF STATE January 26, 2021 Washington County 155 N First Ave. Suite 350 MS-14 Hillsboro, Oregon 97124 Dear Recorder: Please be advised that we have received and filed, as of January26, 2021 the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD# 21-01 AN 2021-0009 (Rietman ) (ZCA 2020-00002) For your records please verify the effective date through the Applicable ORS. Our assigned file number(s) are included in the above information. Sincerely, Dani Morley Oregon State Archives Official Public Documents Cc: Department of Revenue Population Research Center DOR 34-2438-2021 Notice to Taxing Districts ORS 308.225 OREGON DEPARTMENT 'IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Description and Map Approved Tigard OR 97223 Januar' 22, 2021 As per ORS 308.225 Description 'Map - Received from: Lina Smith On: 1/6/2021 This is to notify you that your Description and Map in Washington County for: Annex to the City of Tigard Withdraw from Several Districts ORD. #21-01_(Rietman) (ZCA 2020-00002) has been: Approved 1/22/2021 Disapproved Department of Revenue File Number: 34-2438-2021 ` If you have not already done so,the approved Reviewed by: Elise Bruch, Elise.A.Bruch@oregon.gov version of the Description and Map must also be Boundary: VrChange Proposed Change filed with the County Assessor The change is for: I I Formation of a new district Transfer Annexation of a territory to a district Merge IV(Withdrawal of a territory from a district I Establishment of Tax Zone Dissolution of a district CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-0 AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 0.75 ACRES AND ONE-HALF OF THE ADJOINING SW 133"u AVENUE RIGHT-OF-WAY,APPROVING THE RIETMAN ANNEXATION (ZCA2020-00002),AND WITHDRAWING THE PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(3),ORS 227,125,and ORS 222.170(1)to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundaries of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on December 7, 2020, and Tigard City Council held a public hearing on January 5,2021,to consider the annexation of one(1)parcel of land consisting of Washington County Tax Map(WCTM)2S109AC,Tax Lot 600 and adjoining right-of-way,and withdrawal of said parcel and adjoining right-of-way from the Tigard Water District,Washington County Enhanced Sheriff s Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09, ORS 222.120, and 222.524, notice was given and the City held two (2) public hearings on the issue of annexation into the City on December 7,2020 and January 5,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,the Tigard Community Development Code states that upon annexation,the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation,or to the City designations which are the most similar;and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09, and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS,the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and adjoining right-of-way as described and shown in the attached Exhibits"A"and"B",and withdraws said parcel and ORDINANCE No.21-0 Page 1 adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District SECTION 2: The Tigard City Council adopts the `Planning Commission Recommendation to the City Council" (ZCA2020-00002) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C', and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation,including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particiilar portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: Pursuant to ORS 792.120(5), the effective date of the withdrawal of the property and adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District will be the effective date of this annexation. SECTION 6: This ordinance will be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder.In accordance with ORS 222.180,the annexation will be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By WI? PI c gra_- vote of all council members present after being read by number and title only,this 5 " day of n��t/,e O_ ,2021. 14!G/. Carol A.Kragen,City Recorder' APPROVED: By Tigard City Council this_5.2._"'" day of_p __ ,2021. `��\11111111 i l<.=/ ; OF T 1 pr Snider,Mayor 00000000 Approved as to form: .' %j�•r••�vN1CII.I4 • � _ ( SEI\L 6.1. rtfiedto a True Copy ofrQ .Ci Attorn priginai on File ty Attorney 0 � 1 1/6/2021 �� >' '••:;cP:•••• �,`� By: a.-4 04 54 � •(\(), Date )'�., 'OF •0o s. Recorder- City of-Tigard do- ORDINANCE No.21-Q 1 t t t t Y Date: 24.1eudgit7Page z tr; av AKS S ENGINEERING FORESTRY,LLC 12965 SW Herman Road,Suite 200,Tualatin,OR 97062 AKS Job#8439 P.(503)563-6151(www.aks-eng.com ENGINmtING&Fongr OFFICES IN: BEND,OR- KEIZER,OR-TUALATIN,OR-VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way, located in the Northeast One-Quarter of Section 9, Township 2 South,Range 1 West,Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Commencing at the most easterly southeasterly corner of the plat"Wilson Ridge"and also being on the west right-of-way line of SW 133rd Avenue(25.00 feet from centerline), said point bears South 89°54'00"East 2.00 feet from the southeast corner of Lot 7 of said plat;thence along the easterly extension of the south line of said plat,South 89°54'00"East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline,South 00°37'00"East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00"West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00"East 129.00 feet from the southeast corner of Tract'C' of said plat;thence along the westerly line of said deed and said city limits line,North 30°10'10" East 161.76 feet to the northwest corner of said deed;thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet,more or less. Bearings for this description are based on Survey Number 16,834,Washington County Survey Records. 12/2/2020 REGISTERED PROFESSIONAL LAND SURVEYOR ñi OILG• JANUARY 3, 1.007 NICK WHITE 70652LS MEWS: E/30/22 EXHIBIT 6 A TRACT OF LAND AND A PORTION OF RIGHT-OF-WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON I - ,f,r...7----., 1 4,,,,, ,,,N RIDGE-14/ I iltkAbt!,, . >"-- ,y00..- -,,,,,.._ LOT 7 1 S.•9'54'00"E 25.00' �IYd.Q�` 0 S8954'00"E 2.00'- - 1\ 1 . POINT OF 25'1 COMMENCEMENT It SE COR "WILSON RIDGE" 1N o `' __ SW N COLE _ LANE . 1S N POINT OF BEGINNING-\ DOC. NO. .-- S89'54'OO"E 216.00' � ! - 96108423 r M 10' g L �-TRACT 'C' OF a 970269 2 ku "WILSON RIDGE" ,o AREA=36,034 SF± S 8__SW 132ND_ TERRACE S89'5400 TE - N89'54'00"W 298.80' 129.00' C DOC. NO. W 91001003 �� *1.-IW LEGEND 1 a vt- mr rte, CITY OF TIGARD CITY UNITS LINE I 12/2/2020 PREPARED FOR /—N1/4SCALE: 1"=100 FEET REGISTERED 1 SHAWN AND JORINE RIETMAN PROFESSIONAL 14715 SW 133RD AVENUE 111.111111111V5ii LAND SURVEYOR TIGARD, OR 97224 100 0 20 50 100 litikiiit ANNEXATION MAP EXHIBIT B OREGON JANUARY 9, 2007 AKS ENGINEERING & FORESTRY, LLC DR : WO NICK WHITE 12965 SW HERMAN RD, STE 100 NSW 7065215 TUALATIN, OR 97062tici AKS JOB: RENEWS: 6/30/22 503.563.6151 WWW.AKS-ENG.COM 8439 DWG:8439 20201202 D33 I Exm arr► EXHIBIT C Hearing Date:January 5.2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE 1,I1N CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD` 120 DAYS =N jA� SECTION I. APPLICATION SUMMARY. FILE NAME: RIETMAN ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2020-00002 APPLICANTS: Shawn C. and B.Jorinc Rietman 14715 SW 133rd Avenue Tigard,OR 97224 OWNERS: Same as applicants PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 133rd Avenue(WCTM 2S109AC,Tax Lot 600) into the City of Tigard,in order to connect to city sewer. LOCATION: 14715 SW 133rd Avenue WCTM 2S109AC,Tax Lot 600 COUNTY ZONE: R-6:Residential 6 units per acre CITY ZONE: R-7:Medium-Density Residential APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720;Comprehensive Plan Goals 1,11,12,and 14;Metro CRITERIA: Code Chapter 3.09;and Oregon Revised Statutes (ORS)Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2020-00002)meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies: Goal 1.1;Goal 11.1,Policy 4;Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00002 to City Council. RIETMAN ANNEXATION PAGE 1 OF 11 ZCA2020-00002 SECTION III. BACKGROUND INFORMATION The subject property(14715 SW 133'Avenue;WCTM 2S109AC,Tax Lot 600) is located on the west side of SW 133'Avenue,north of SW Beef Bend Road, and south of SW Bull Mountain Road. The adjacent properties to the north and west are under the jurisdiction of the City of Tigard,and the adjacent properties to the south and east are part of unincorporated Washington County.The property is currently developed with an existing single detached house with an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts,the subject property is zoned R-6(Residential 6 units per acre),and upon approval of this proposed annexation,the property will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant requests to annex into the City of Tigard in order to connect to city sewer. On December 7, 2020,Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00002). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1;Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6),Goal 12,Goal 14.2(Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030.City Council will snake a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission(scheduled for December 7,2020),and one before City Council(scheduled for January 5,2021). City staff followed public noticing requirements,in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Chanter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexation applications are processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. RIETMAN ANNEXATION PAGE 2 OF 11 ZCA2020-00002 This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09;and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09.The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to,and do not supersede,applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change.The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations.Notice shall be published as required by state law. C. The notice required by subsection(B)shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision;therefore, these notice requirements apply. City staff determined this application was complete on November 5, 2020, and notified the applicant on November 5, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for December 7, 2020) and before City Council (scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks(with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard web site,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. 3.09.045 Expedited Decisions RIETMAN ANNEXATION PAGE 3 OF 11 ZCA2020-00002 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process,the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard,Washington County,Metro, and the service districts for water, sewer,public safety,parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area.As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation area, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)between the affected entity and a necessary party; ORS 195.020(2)speaks to cooperative agreements between counties or Metro with each special district that provides an urban'service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services.SW 133` Avenue will be annexed into the City of Tigard to the centerline of the right-of-way.The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site,Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site, and Tigard-Tualatin School District(TT'SD)will continue to be the assigned school district for the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991, and updated in 2019,in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; RIETMAN ANNEXATION PAGE 4 OF 11 ZCA2020-00002 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan.The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan;and There is no applicable concept plan associated with this proposal.Therefore,this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services;and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer,As addressed under Comprehensive Plan,Goal 11:Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site, and have sufficient capacity to provide service. Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services.SW 133`d Avenue will be annexed into the City of Tigard to the centerline of the right-of-way. The City of Tigard Police Department will provide public safety services,instead of the Washington County Sheriffs Office. City of Tigard will continue to provide water services to the site,TVF&R will continue to provide fire protection and emergency medical services to the site,and TTSD will continue to be the assigned school district for the site, E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB.Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was posted on the City of Tigard website and made available to the public more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party;and RIETMAN ANNEXATION PAGE 5 OF 11 ZCA2020-00002 The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriffs Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on January 5, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00002,the effective date of this annexation will be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and(E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the City's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation.The assignment of these designations occurs automatically and concurrently with the annexation.In the case of land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29,2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that ate most similar. RIETMAN ANNEXATION PAGE 6 OF 11 ZCA2020-00002 CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units per acre R-7 Medium-density residential CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations. As outlined in the table above,the assignment of city designations for the subject property will be based on these conversions,and will occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 6 units per acre). Upon approval of this proposed annexation,the subject site will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission.City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management,Community Facilities,and Private Utilities. In addition,the Comprehensive Plan's Glossary includes public safety,parks, and transportation under Public Facilities and Services.As detailed in the findings below,staff finds that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department.The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property,in SW 133`d Avenue.Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Water—City of Tigard Public Works Department.The subject property is located in the Tigard Water Service area,and is currently served by an existing eight-inch water main in SW 133`1 Avenue.Accordingly, city water facilities have adequate capacity to continue serving the subject property. RIETMAN ANNEXATION PAGE 7 OF 11 ZCA2020-00002 Sewer— City of Tigard Public Works Department.The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services."City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133" Avenue.City sewer facilities have adequate capacity to serve the subject site. Police—City of Tigard Police Department.The Washington County Sheriffs Office currently provides police services to the subject properties. If this annexation request is approved,the site will be withdrawn from the Enhanced Sheriff's Patrol District,and the City of Tigard Police Department will provide public safety services to the site. Fire—Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex one property, totaling 0.75 acres in size,into the City of Tigard.Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division.The subject property fronts on SW 133" Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic,or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property, in SW 133'd Avenue. Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with the policy outlined above.City of Tigard sewer infrastructure is available by an existing eight- inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133'd Avenue. City sewer facilities have adequate capacity to serve the subject site. Goal 12:To provide and encourage a safe,convenient, and economic transportation system. The subject property fronts on SW 133'd Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. RIETMAN ANNEXATION PAGES OF 11 ZCA2020-00002 Goal 14.2,Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation area, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services;and As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation area,and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report,staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (14715 SW 133'a Avenue;WCTM 2S109AC,Tax Lot 600) is bordered to the north and west by the City of Tigard,and is bordered to the south and east by unincorporated Washington County. Because the subject site is surrounded on two sides by the City of Tigard,this annexation will not create an "island"of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request.This annexation will enable public services to be efficiently and effectively extended to the subject property. There is no concept plan or sub-area master plan that has been approved by the Planning Commission or City Council that is applicable to this property. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes;Mergers;Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city,on its own motion,or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 RIET2v{AN ANNEXATION PAGE 9 OF 11 ZCA2020-00002 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing,in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The owners of the subject property(14715 SW 133'Avenue;WCTM 2S109AC,Tax Lot 600) submitted an annexation petition to the City on October 28, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However,the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for December 7,2020)and before City Council(scheduled for January 5,2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center, Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30, 2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. SECTION V. OTHER STAFF AND AGENCY COMMENTS Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9,2020.As of December 15,2020,no public comments were received. RIETMAN ANNEXATION PAGE 10 OF 11 ZCA2020-00002 Attachments: Attachment 1:Zoning Map SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. ��xG2December 15.2020 PREPARED BY: Lina Smith Assistant Planner TO4--) �-- deCt ice December 15.2020 APPROVED BY: Tom McGuire Assistant Community Development Director RIE MAN ANNEXATION PAGE 11 OF 11 ZCA2020-00002 Attachment 1: I�xJ 1 . . I-- _� City of Tigard, Oregon Generalized Zoning CE:egories Subject Site I• Zoning Classifications R-1 Residential Low-Density '1 R-2 Residential Low-Density r)R-3.5 Residential Low-Density .�R-4.5 Residential Low-Density ',R-7 Residential Medium-Density PR R-12 Residential Medium-Density R-25 Residential Medium-High-Density • R-40 Residential High-Density MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 MU-CBD Mixed Use Central Bus Dist C-C Community Commercial •C-G General Commercial -I C-N Neighborhood Commercial r C-P Professional Commercial MUC Mixed Use Commercial MUC-1 Mixed Use Commercial 1 TMU Triangle Mixed Use • L t/ 00. * •+.arra•..„i:. ,...** .. I,- ;r Scale: 0.04 'Are.? COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard .5 13125 SW Ilal' Blvd a Tig,rd, OR 97'23 l Map Created: (503) E39-4171 rTtiRRil 11/0G/2020 .,wx••.tig�-d-or.00v PUBLIC HEARING EXHIBIT C Hearing Date:January 5.2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE 51,1 CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: RIETMAN ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2020-00002 APPLICANTS: Shawn C. and B.Jorine Rietman 14715 SW 133rd Avenue Tigard, OR 97224 OWNERS: Same as applicants PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 133rd Avenue (WCTM 2S109AC, Tax Lot 600) into the City of Tigard,in order to connect to city sewer. LOCATION: 14715 SW 133rd Avenue WCTM 2S109AC,Tax Lot 600 COUNTY ZONE: R-6: Residential 6 units per acre CITY ZONE: R-7:Medium-Density Residential APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720;Comprehensive Plan Goals 1, 11,12,and 14;Metro CRITERIA: Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2020-00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00002 to City Council. RIETMAN ANNEXATION PAGE 1 OF 11 ZC-12020-00002 SECTION III. BACKGROUND INFORMATION, The subject property (14715 SW 133`d Avenue;WCTM 2S109AC, Tax Lot 600) is located on the west side of SW 133`d Avenue, north of SW Beef Bend Road, and south of SW Bull Mountain Road. The adjacent properties to the north and west are under the jurisdiction of the City of Tigard, and the adjacent properties to the south and east are part of unincorporated Washington County. The property is currently developed with an existing single detached house with an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts, the subject property is zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations.The applicant requests to annex into the City of Tigard in order to connect to city sewer. On December 7, 2020, Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00002). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS. City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1;Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures. 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (scheduled for December 7,2020),and one before City Council (scheduled for January 5,2021). City staff followed public noticing requirements,in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222.City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23,2020,and November 30,2020) prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Chanter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexation applications are processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. RIETMAN ANNEXATION PAGE 2 OF 11 ZC-12020-00002 This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09;and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to, and do not supersede, applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on November 5, 2020, and notified the applicant on November 5, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for December 7, 2020) and before City Council (scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020,November 23,2020,and November 30,2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. 3.09.045 Expedited Decisions RIETI\IAN ANNEXATION PAGE 3 OF 11 ZCA2020-00002 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process, the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer,public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation area, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore, this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services. SW 133x'Avenue will be annexed into the City of Tigard to the centerline of the right-of-way.The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site, Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site, and Tigard-Tualatin School District (TTSD)will continue to be the assigned school district for the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991, and updated in 2019, in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; RIETMAN ANNEXATL()N PAGE 4 OF 11 ZC A2020-00002 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services. SW 133rd Avenue will be annexed into the City of Tigard to the centerline of the right-of-way. The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site,TVF&R will continue to provide fire protection and emergency medical services to the site, and TTSD will continue to be the assigned school district for the site. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB. Therefore, this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was posted on the City of Tigard website and made available to the public more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and • RIET MAN ANNEXATION PAGE 5 OF 11 ZC A2020-00002 The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriff's Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on January 5, 2021. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00002, the effective date of this annexation will be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2. The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the City's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation.The assignment of these designations occurs automatically and concurrently with the annexation. In the case of land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29, 2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. RIET I.1N ANNEXATION PAGE 6 OF 11 ZCA2020-00002 CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Districts/Plan Designation City of Tigard Zoning Plan Designation R-6 Res. 6 units per acre R-7 Medium-density residential CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations. As outlined in the table above, the assignment of city designations for the subject property will be based on these conversions,and will occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 6 units per acre). Upon approval of this proposed annexation,the subject site will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on November 9,2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30,2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. As detailed in the findings below, staff finds that all public facilities and services are available to the proposed annexation area, and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property,in SW 133"' Avenue. Accordingly, city stormwater facilities have adequate capacity to serve the subject site. Water— City of Tigard Public Works Department. The subject property is located in the Tigard Water Service area,and is currently served by an existing eight-inch water main in SW 133rd Avenue. Accordingly, city water facilities have adequate capacity to continue serving the subject property. RIETMAN ANNEXATION PAGE 7 OF 11 ZCA2020-00002 Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services."City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133"Avenue. City sewer facilities have adequate capacity to serve the subject site. Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site. Fire — Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex one property, totaling 0.75 acres in size,into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets —City of Tigard Engineering Division. The subject property fronts on SW 133'Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property, in SW 133" Avenue. Accordingly, city stormwater facilities have adequate capacity to serve the subject site. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with the policy outlined above. City of Tigard sewer infrastructure is available by an existing eight- inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133" Avenue. City sewer facilities have adequate capacity to serve the subject site. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject property fronts on SW 133' Avenue, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. RIETMAN ANNEXATION PAGE 8 OF 11 ZCA2020-00002 Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation area, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services; and As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation area,and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met, consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (14715 SW 133rd Avenue; WCTM 2S109AC, Tax Lot 600) is bordered to the north and west by the City of Tigard,and is bordered to the south and east by unincorporated Washington County. Because the subject site is surrounded on two sides by the City of Tigard, this annexation will not create an "island"of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject property. There is no concept plan or sub-area master plan that has been approved by the Planning Commission or City Council that is applicable to this property. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes;Mergers;Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 RIETI\IAN ANNEXATION PAGE 9 OF 11 ZCA2020-00002 arlra to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing; ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The owners of the subject property(14715 SW 133"'Avenue;WCTh12S109AC,Tax Lot 600) submitted an annexation petition to the City on October 28, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However, the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for December 7,2020) and before City Council(scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site);city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30, 2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. SECTION V. OTHER STAFF AND AGENCY COMMENTS Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020.As of December 15,2020, no public comments were received. RIETAIAN ANNEXATION PAGE 10 OF 11 ZCA2020-00002 Attachments: Attachment 1: Zoning Map SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. C;* December 15. 2020 PREPARED BY: Lina Smith Assistant Planner December 15. 2020 APPROVED BY: Tom McGuire Assistant Community Development Director RIETMAN ANNEXATION PAGE 11 OF 11 ZCA2020-00002 Attachment 1: Zoning Map , c City of Tigard, Oregon r. Generalized Zoning Categories - t. r_ 1 ` F,, i Subject Site z 'E •T -4 , Zoning Classifications R-7 A. : ❑R-1 Residential Low-Density I! ElR-2Residential Low-Density ❑R-3.5 Residential Low-Density C R-4.5 Residential Low-Density ❑R-7 Residential Medium-Density P R ❑R-12 Residential Medium-Density ❑R-25 Residential Medium-High-Density ❑R-40 Residential High-Density ❑MUR-1 Mixed Use Residential 1 ❑MUR-2 Mixed Use Residential 2 •MU-CBD Mixed Use Central Bus Dist 1 C-C Community Commercial •C-G General Commercial / ',.. ..*4 ❑C-N Neighborhood Commercial •C-P Professional Commercial •MUC Mixed Use Commercial ;71. •MUC-1 Mixed Use Commercial 1 •TMU Triangle Mixed Use Ba l- "_`ters On `n Dale is aa.wea rrpm man,pla s me c,fr n rlpa.a ., makeai ent wa ccurfyrepreseniatlo n,coor guarantee as 1 iii the c n acy,t melineas o mple leness of any i tM1e tlata provrae0 neren.TM1e C,ty of T,Bartl aM1all o liability Ior any e ,na ccureciea,n tM1a iniormalipn prorvitletl'reg era lesa of _ no.capaetl 1 ",:`4:itii,1„ ani*, _ .,:. .,,,, J._ � _ t^ vt _ Scale: 0.04 Miles ft 2: r F_ _ COMMUNITY DEVELOPMENT DEPARTMENT T City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 01-... Map Created: (503) 639-4171 11/06/2020 www.tigard-or.gov CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done T IGARD Rietman Annexation Z CA2020 -00002 Presented to Tigard City Council I January 5, 2021 C I T Y O F T I G A R I) Zoning Map z City of Tigard. Oregon e u z Generalized Zoning Categories 0 0 z ® Subject Site 'x y a Zoning Classifications R-7 R-1 Residential low-Density R-2 Resid mtill Low-Density / ,--. R-3.5 R esid ent is I Low-Density R.4.5 Residmtis ILaw-Density R-7 ResidentialMedium-Density pit R-12 Residential Medium-Densdy R-25 Residentid Medium-Hth-Oenshy R-40 Residential Hgh-Density .---------...I MUR-1 Mi ed Use Residential 1 MUR-2 Mwad Use Residemial2 •MU-CBD Mbled Use CentralBus Dist ` CO Community Commercia I •C13 General Cann erc is I I Ci-N Ns hhorttDod Cb Aaneroi.I ■GP Prafesdnd Lb mmercid _" MUCMwad Use Lb mmercial •MUC-1 Mired Use Cornmercia11 •TMU TrYndle M sed Use �— 8'`reon Ln t 2 O V 7 ide-. 0 04 Nile C'..., • u z COMMUNITY DIV I MINI NT DI PARTY I NT -'A- I Z City of Tga td to 13125 SW Hall Blvd Q Tigard,OR 97223 j o , 3 Mar C2aled: (503)639-4171 ,.. 11/062020 tamot ligerd-ol.gov CITY OF TIGARD PLANNING COMMISSION Minutes,December 7, 2020 Location: Members Remote via Microsoft Teams Link to virtual hearing online (video): httDs://boxcast.ty/channel/Dvinvrar8xolrw6bwbss Call-in number for public testimony: 503-966-4101 Public testimony call-in time was between 7:15 and 7:30 p.m. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Commissioner Quinones Commissioner Roberts Alt. Commissioner Sarman Alt. Commissioner Schuck Commissioner (K7) Tiruvallur Commissioner Watson Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant; Lina Smith, Assistant Planner; Dave Roth, Sr. Transportation Planner, Economic Dev. Manager Lloyd Purdy, Project Planner Gary Pagenstecher, Sr. Management Analyst Nicole I Iendrix COMMUNICATIONS —Commissioner Watson stated that she had attended an Oct. 27 Washington Square Stakeholders meeting. It was an informal outreach to residents. Additionally, on Nov. 16, she had attended the CAC meeting for transportation regarding the System Plan Update. Commissioner Quinones added that she was also at the CAC meeting for Transportation Planning. They noted that the CAC was pretty much a summarization of the System Plan in progress and basically an introduction; nothing new to report at this time. President Feeney thanked them for representing the Planning Commission at those meetings. CONSIDER MINUTES December 7, 2020 Page 1 of 5 President Feeney asked if there were any additions, deletions, or corrections to the October 19, 2020 minutes; there being none, President Feeney declared the minutes approved as submitted. PUBLIC HEARING 7.05 p.m. RIETMAN ANNEXATION -QUASI-JUDICIAL ANNEXATION CASE NO. ZCA2020-00002 DESCRIPTION OF PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 133rd Avenue (WCTM 2S109AC,Tax Lot 600) into the City of Tigard, in order to connect to city sewer. LOCATION: 14715 SW 133rd Avenue QUASI-JUDICIAL HEARING STATEMENTS President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Whitehurst and President Feeney. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and shared her screen showing the property (Exhibit A). She noted that the proposal is to annex a 0.75-acre property located on the west side of SW 133rd Avenue into the City of Tigard and that the property owners request to annex in order to connect to city sewer. She said there is an existing sewer lateral located in front of the property, in SW 133rd Avenue and the City's sanitary system has adequate capacity to serve the subject property. As outlined in the staff report, the proposed annexation meets the applicable requirements of the Tigard Community Development Code,Tigard Comprehensive Plan, Metro Code, and State Statutes. Accordingly, staff recommends that Planning Commission recommend approval of this annexation to City Council. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2020- 00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00002 to City Council. APPLICANT'S PRESENTATION The applicant, Shawn Rietman, chose not to testify. QUESTIONS OF THE APPLICANT—None December 7, 2020 Page 2 of 5 QUESTIONS OF STAFF - None PUBLIC TESTIMONY President Feeney asked if there was anyone on the line waiting to testify. He was informed that there currently was no one calling in with testimony. The commission waited five minutes to give the public time to call in. No one called in. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —Nonc. PUBLIC HEARING CLOSED DELIBERATION President Feeney asked if there were any questions or clarifications internally that the commissioners would like to ask or talk about. There were none, and one commissioner suggested that they go ahead with a motion. MOTION Commissioner Roberts made the following motion: "Regarding the Zoning Change Annexation, I move that the Planning Commission recommend approval of ZCA2020- 00002 to City Council in that it meets the criteria per the staff report and the material provided in the application." The motion was seconded by Commissioner Watson. VOTE All in favor, none opposed: 9-0 RESULT Motion for recommended approval CARRIES. BRIEFING —Transportation System Plan (TSP) Sr. Transportation Planner Dave Roth told the commissioners that it had been about a year since he was last before the Planning Commission. He noted that he will likely come before the Commission again in less than a year when they get into the actual adoption process of the plan —unless there's a need for him to come back sooner; he'll be happy to do that if that's requested. He shared his screen and went over a PowerPoint (Exhibit B) regarding the project that's been underway since approximately September. He went over the basic Transportation Planning Rule (TPR) requirements for Transportation System Plans — a "TSP-101" of sorts. He December 7, 2020 Page 3 of 5 talked about the key plan components and the draft TSP vision and goals. I Ie went over public engagement and the current website as well as the project schedule. He led a brief discussion regarding what the commissioners would like to see out of the TSP to best serve the community. Lastly, he spoke about the next steps. There will be Planning Commission meetings as needed during plan development, and in the fall of 2021 they're looking to present the Plan for adoption to the Planning Commission and the City Council. BRIEFING—New Strategic Plan Tom gave a brief introduction regarding the new updated Strategic Plan. He noted that the staff present are on the guidance team - Nicole Hendrix, Gary Pagenstecher and Lloyd Purdy, and that they would be talking about the various strategic priorities. These staff arc charged with guiding the implementation of the plan and keeping the City true to the plan. At this point he turned it over to Nicole I lendrix who noted that this was her first time before the Planning Commission. She introduced herself as the Sr. Management Analyst in the City Manager's office. She's also on the Guidance Team. She pulled up a PowerPoint (Exhibit C) and went over the input approach and what that all entailed. She noted that the flyers that they'd created and distributed to the apartment complexes in the community and in the neighborhoods. She spoke about the refreshed vision. The strategic vision now is "Tigard: an equitable community that is walkable, healthy, and accessible for everyone." She went over definitions of those new visions and told how they'd adjusted to include the priorities. She spoke about Strategic Priority No. 1 - "Set the standard for excellence in public service and customer experience" and the steps planned to accomplish those. Project planner Gary Pagenstecher was introduced and continued with the PowerPoint (Exhibit C) about Strategic Priority 2 which is to: "Create a well-connected, attractive, and accessible pedestrian network." He spoke about the importance of"walkability," connectivity, and the importance of inclusiveness. After Gary's summary of Strategic Priority 2, he gave it over to Economic Development Manager Lloyd Purdy. Lloyd went over the third Strategic Priority (Exhibit C) which is to "Ensure development and growth support the vision." He noted that he believes this priority likely has the most substance for the Planning Commission. The priority is to ensure that development and growth support the vision. Some would say that is very much the responsibility of the Planning Commission. He noted that they'd gathered community input on access, congestion, and community identity. An example of actions would be to blend land uses, support affordable housing and a range of housing options, as well as mitigation of climate change impacts. An example of metrics would be to measure residential, employment, and commercial density. Lloyd noted that a lot of the improvements we could make to the city are tied to our employment lands. So, there's a lot of work that the commission is doing that supports the strategic vision. Tom McGuire noted that Gary Pagenstecher is the department's project planner and a lead implementer. Gary is charged with putting together the department's strategic implementation December 7, 2020 Page 4 of 5 plan. If commissioners have questions about future projects, he encouraged them to feel free to get in touch with Gary at garypntigard-or.gov. OTHER BUSINESS This was the last meeting of the year and the last meeting for the outgoing commissioners whose terms had ended. President Brian Feeney and Alternate Commissioner Taylor Sarman will both be leaving the commission; this was the last meeting for them. President Feeney had been on the commission for eight years —with two years serving as President of the commission. Alternate Commissioner Sarman has been on the commission for two years, completing that term.They were celebrated and thanked for their excellent service - and they will be greatly missed. It was noted that elections for President and Vice President of the commission will take place on January 4, 2021 — the first meeting in the new year. ADJOURNMENT President Feeney adjourned the meeting at 9:05 p.m. -ate ., '> ikarzb Doreen Laughlin, Plan ;I . ` ssion Secretary .�- 7L ATI ST: Acting President Yi-Kang Hu December 7, 2020 Page 5 of 5 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD EXHIBIT A Rietman Annexation ZCA2O2O-00002 Presented to Tigard Planning Commission I December 7, 2020 , ' • ' • . ' ' '1 ` •,.. -:;:iit',loll , , , 44 ip, , ,.;j::.4i,,,, . ••. ,,,..,.,,,,,‘. ,. , • ;„ • ..,,,,,:.„(....4, ,,, ,, \ ,„ ,..• • • , ‘ . ..•:•:: .., ... ,•,, 7, lib , .... • ,I, .,• (.,-) ',, CG Ar wt • ,_.‘i:'t ,‘or.is b.,.•• lb o • ' -- F-' ' ..-. N1.....'7. . , g 4 . , . . * .._ . ,...a. s. . lif i•Ak, , , .c , -1,. •., . : . ,. • , ,:, , . 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R R R a Q M "t 0 .% f S YA _ E 7 S x n m c N 0 n ,9 a N t� .:.p.. 1,teE c a §) - C C E 0 i i • = = Y d `6 I f n g, 'I s;:i: £ 7 a a 3 8 ,, : x 3 ; , a o n m O a o f E _ o °m. '� .5:: 3 3 z Bt R o 3 3 c c N N ry aft co El s - - < ' W O a o N Draft TSP Vision & Goals 11419 TIGARD Transportation System Plan - Planning Commission Meeting December 7, 2020 F E H R i' P E E R S WHAT'S AD * PT. D IN TIGARD 71 Ad , - TC(i, Xis i ng Goals City Center Urban Renewal Plan _arra _6161 61. on•w ew,wow W616,1006 I Substantial an.namvx aport6ect.++r is,mn fits of Tvrc1 • i. 2035 Transportation'Tr®tion System Plan • J IN 0 'I MAUI STRATEGIC PLAN 2020-2025 Nr so , ; , pl• .w�uo.�odbn.p 0-r l<.I A � .....a❑xw nieacroun0-.rr=.t�- .T�..a6. . ,�,., I ,.� 1 .iARD .t• „� .v Tigard Complete Streets POLICY IMPLEMENTATION PLAN 1 + . (� ' 4. ...fogrin JUNE 2019 A"ti w- I rl w , . -7 C.121 CC COMPLETE STREETS Transportation System Plan - Planning Commission Meeting December , 2020 E E H R \ PEERS Yukilidiliiialliiiiiiiiiiiiildigilliall1W6Iiiiiliiiiliklifiliiillikliilliiiiiiiiii 11W6 iii.,filiiillikl i,ii, ( : 1 '1 ' '' O l ' 1 ' 1 ( a .,A R 1 ) Input Approach Ta.,p rcitstate rnsnF,,:,, •'• Stakeholder interviews The Visioning Process ,°`° ed Vision •.** Current state data analysis Tigard:An equitable community that i!walkable,healthy,and accessible for everyone. • Where we started: ••• Surveys Tigard adopted its first 20w-ar strategic vision in 2014 to beoo e.'The mast wotkatle cemmu Try in the Pa+ftc Northwest where am*ca all apes andobitfthrs eniop healthy and mtcrcannected hues." ••• Newsletters: Cityscape Books & Bits In 2017 staffiauccnec an effort to reflect on and evaluate our vision and its four associated goals. • , This process provided an aocortcnfit to refine,reallen and strengthen our atrateg c plan to meet current prioritYes and needs of the community end city staff. ❖ Media: Tigard Life, Facebook & social Whatactions we have taken: The actions below high)ght some of the ways staff worked to bard temm tri ant and engagement platforms, Engage Tigard with the Strategic PA-nthesh and toinform the update of the vision and goals. 201' 2c +c19 •'• Paper: Bookmarks, posters in parks, door a Teams neer freshrr the '� Created kMe ttt.an 4 Conducted Core rtStaiae • Team heap refresh the mental emp newsletter Dna Ana ss to idenp A s[rattg"o plan to sip earyone lntmn d Of internal and arttmal t omCs es Condycted aCamant pian Strategic Plan efforts• es Researched national trends hangers in neighborhoods and apartments attessmantroidenah o ftakehaldaritenlewts t. [fined abUtASStattfa. aXcomtllsnMnts,Mafe b °dentintd print=aka Lo guitl4 the V4,4 vis-on missing.what should be strategic direction 4 Goal wo-ltshop grows ❖ Collaboration: Chamber of Commerce DHM carried ° C.t,teCaGmdance Team to fnalaf and,mplemert. Key�- j refreshed strategic pan poll, boards & committees * ,'„ * II e. Mane Perfmnance Audit n..:n xaas tams a Erotytemow,/A O CCMMmity serves'A U ❖ Staff: Internal newsletter, all-staff What we heard: e ■ We heard the concepts of walkable,inclusive,health,connection and<omenundy remain imoortant presentations and need to be further defiled HOW DO YOU ENVISION TIGARD'S FUTURE? Opportunities were idrntfrodtoadJusahefoaowing- �', .e. The vsion shoutd ba,ance being both aspirational and achievae,e. reuse;. cwv- .;awe .ww « wwavo.,-.n.ro . rn,w.s,t�rm T rdent:h.metras to enhance aconntabigty,measure progress and success. ^e.eryyew, pnlu es antes. Ingo one what w event to.a.our • ew;w e..*c.,..,.......F.,,,..1,...,-...s.,.... 4 mceroorate dverit y,equity,and Inclusion framework in language and metrics. • rhm.aa.aamea.mniarmt.wa15uean wem.wntw.,a.+ t• Better align city services to the plan. • Our proposed Vision 4 Suit and better incerocrate the concepts of safety and et matte change How we responded: €itrarrgnw Our Proposed Pnonitsnc ate« Staff shafted the v+tion to feel more attainable wh le mai.ntaning an asplratonal cpmponent.The 5 T R A T E G I C •c "" "" concepts of equity enc access were added.who walkable and liealthvwere keot from our 2014 ..r� �c vision.Further actio staved respond aim to it on the Strategic PKpri Y summary cages. PLAN Share yourMame.and loam more at www.eregeae.shard-ee ewsVateeis-plan I ( : I 1 O '1' 1 ( ; \ R 1 ) Support for Our New Strategic Plan 175 survey responses received (76 from community members, 99 from staff and committee & board members). 137 comments were provided (through surveys and social media). 91% support the vision. Cram.tl try Al.,D.sgn ct 90% agreed that the vision accurately reflects community values. N�n%6" 88% agree that the values of "equitable, walkable, healthy, and accessible" are important to the Tigard community (DHM poll results). 92% support the strategic priorities. How We Adjusted rim+ • Reordered strategic priorities rm.) • Modify language in each strategic priority • Framed the vision CIT Y OF T T C; A R 1) Our Refreshed Vision Tigard: an equitable community that is walkable, healthy, and accessible for everyone. Framing the Vision ► Equity - Just and fair inclusion into a society in which all can participate, prosper, and reach their full potential. ' Walkability - A walkable environment supports and allows for a choice to participate in active forms of transportation such as cycling and includes people traveling with or without a mobility aid. A walkable community is foundational to an equitable and sustainable community. 2 Accessibility - Providing equivalent ease of use and opportunity for all people to interact with our services, processes, and infrastructure. Created by Krisada Healthy - Supporting the community's physical, economic, from Noun Project and environmental well-being which improves all aspects 1 Definition by PolicyLink of health. 2 Inspired by America Walks definition CITY OF TIG ARD Strategic Priority 1: Set the standard for excellence in public service and customer experience. 1. Community Input C,r'.tM by Abten Coquet r nm Noun Propct ► Center equity and customer experience as concepts 2. Example Actions ► Intentional inclusion; refine how data is collected and used; promote values-driven workplace culture 3. Example Metrics ► Measure turnover and retention, response time, and implementation of data-informed decision making Tigard: An equitable community that is walkable, healthy, and accessible for everyone. ( : 1 '1 ' ' ( ) 1 '1 , I ( ; \ R I ) SP2: Create a well-connected, attractive, and accessible pedestrian network. 1. Community Input "Walkability" contributes to an equitable community; focus on connectivity and accessibility of public realm 2. Example Actions o Create a pedestrian network that is well-connected, attractive, and accessible; identify new funding to build the network 3. Example Metrics Track the use, expansion and connectivity of the network Tigard: An equitable community that is walkable, healthy, and accessible for everyone. CITY OF TIG ARD SP3: Ensure development and growth support the vision. 1. Community Input Access, Congestion and Community Identity 2. Example Actions Blend land uses, support affordable housing and a range of housing options, mitigate climate change impacts 3. Example Metrics Measure residential, employment, and commercial density Tigard: An equitable community that is walkable, healthy, and accessible for everyone. CITY 01, '1' I G AR I) Looking Ahead ,,, e'''',A,Z -4,4 Coyof Tigard 1 Outreach STRATEGIC PLAN 2020-2025 Sharing our vision & : ,,, , . , priorities Provide progress updates , BARD / Implementation Alignment across city :LL . initiatives ,,,,,:' ,.'i. Vlif. * * ' . 1 Coordinate actions & , .,ter , , - measures Identify & pursue funding � 7t � 1 CITY OF TIGARD Thank you . Questions & Comments? Hearing Date:December 7.2020 Time:7:00 P.M. STAFF REPORT TO THE PLANNING COMMISSION i ll Is FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: RIETMAN ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2020-00002 APPLICANTS: Shawn C. and B.Jorine Rietman 14715 SW 133'd Avenue Tigard, OR 97224 OWNERS: Same as applicants PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 133' Avenue (WCTM 2S109AC, Tax Lot 600) into the City of Tigard,in order to connect to city sewer. LOCATION: 14715 SW 133'd Avenue WCTM 2S109AC,Tax Lot 600 COUNTY ZONE: R-6: Residential 6 units per acre CITY ZONE: R-7:Medium-Density Residential APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720;Comprehensive Plan Goals 1, 11,12,and 14;Metro CRITERIA: Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2020-00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1,Policy 4;Goal 11.3,Policy 6;Goal 12; and Goal 14.2,Policies 1-4.Therefore,staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00002 to City Council. RIETMAN ANNEXATION PAGE 1 OF 11 ZCA2020-00002 SECTION III. BACKGROUND INFORMATION, The subject property (14715 SW 133"' Avenue;WCTM 2S109AC,Tax Lot 600) is located on the west side of SW 133rd Avenue, north of SW Beef Bend Road, and south of SW Bull Mountain Road. The adjacent properties to the north and west are under the jurisdiction of the City of Tigard, and the adjacent properties to the south and east are part of unincorporated Washington County. The property is currently developed with an existing single detached house with an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts,the subject property is zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation, the property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations.The applicant requests to annex into the City of Tigard in order to connect to city sewer. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS, City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 181 Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (scheduled for December 7,2020),and one before City Council (scheduled for January 5, 2021). City staff followed public noticing requirements,in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222.City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23,2020,and November 30,2020) prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexation applications are processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. RIETIIIAN ANNEXATION PAGE 2 OF 11 ZC-12020-00002 18.720.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to,and do not supersede,applicable requirements of ORS Chapters 197,198, 221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on November 5, 2020, and notified the applicant on November 5, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for December 7, 2020) and before City Council (scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16, 2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020,November 23, 2020,and November 30,2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. 3.09.045 Expedited Decisions This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. RIETI\I.1N ANNEXATION PAGE 3 OF 11 ZCA2020-00002 D. To approve a boundary change through an expedited process, the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer,public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation area, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore, this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services. SW 133`d Avenue will be annexed into the City of Tigard to the centerline of the right-of-way.The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site, Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site, and Tigard-Tualatin School District (TTSD)will continue to be the assigned school district for the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991, and updated in 2019, in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. RIEMAN ANNEXATION PAGE 4 OF 11 ZCA2020-00002 f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services. SW 133rd Avenue will be annexed into the City of Tigard to the centerline of the right-of-way. The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site,TVF&R will continue to provide fire protection and emergency medical services to the site,and TTSD will continue to be the assigned school district for the site. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB. Therefore, this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was posted on the City of Tigard website and made available to the public more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory, including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriff's Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District RIETAIAN ANNEXATION PAGE 5 OF 11 ZCA2020-00002 upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on January 5, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00002, the effective date of this annexation will be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2. The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the City's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation.The assignment of these designations occurs automatically and concurrently with the annexation. In the case of land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29,2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS RIETl\LkN ANNEXATION PAGE 6 OF 11 ZCA2020-00002 Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units per acre R-7 Medium-density residential CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations. As outlined in the table above, the assignment of city designations for the subject property will be based on these conversions,and will occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 6 units per acre). Upon approval of this proposed annexation,the subject site will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on November 9,2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30,2020) prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management, Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. As detailed in the findings below, staff finds that all public facilities and services are available to the proposed annexation area, and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property, in SW 133rd Avenue. Accordingly, city stormwater facilities have adequate capacity to serve the subject site. Water— City of Tigard Public Works Department. The subject property is located in the Tigard Water Service area, and is currently served by an existing eight-inch water main in SW 133rd Avenue. Accordingly, city water facilities have adequate capacity to continue serving the subject property. Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City RIET1\IAN ANNEXATION PAGE 7 OF 11 ZCA2020-00002 wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133rd Avenue. City sewer facilities have adequate capacity to serve the subject site. Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site. Fire — Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex one property, totaling 0.75 acres in size,into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division. The subject property fronts on SW 133rd Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property, in SW 133rd Avenue. Accordingly, city stormwater facilities have adequate capacity to serve the subject site. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with the policy outlined above. City of Tigard sewer infrastructure is available by an existing eight- inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133rd Avenue. City sewer facilities have adequate capacity to serve the subject site. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject property fronts on SW 133rd Avenue, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. RIETI\LAN ANNEXATION PAGE 8 OF 11 ZCA2020-00002 The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation area, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services; and As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation area, and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met, consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (14715 SW 133rd Avenue; WCTM 2S109AC, Tax Lot 600) is bordered to the north and west by the City of Tigard,and is bordered to the south and east by unincorporated Washington County. Because the subject site is surrounded on two sides by the City of Tigard, this annexation will not create an "island"of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject property. There is no concept plan or sub-area master plan that has been approved by the Planning Commission or City Council that is applicable to this property. OREGON REVISED STATUTES ORS Chapter 222— City Boundary Changes;Mergers; Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The RIETMAN ANNEXATION PAGE 9 OF 11 ZCA2020-00002 proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election; hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city, the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The owners of the subject property(14715 SW 133rd Avenue;WCTM 2S109AC,Tax Lot 600) submitted an annexation petition to the City on October 28, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However, the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for December 7,2020) and before City Council(scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site);city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30, 2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. SECTION V. OTHER STAFF AND AGENCY COMMENTS Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9,2020.As of November 17,2020,no public comments were received. Attachments: Attachment 1: Zoning Map RIETDIAN ANNEXATION PAGE 10 OF 11 ZCA2020-00002 mom SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, staff recommends that the Planning Commission recommend approval of this annexation to City Council. November 17. 2020 PREPARED BY: Lina Smith Assistant Planner November 17. 2020 APPROVED BY: Tom McGuire Assistant Community Development Director • RIETMr1N ANNEXATION PAGE 11 OF 11 ZCA2020-00002 Attachment 1 : Zoning Map City of Tigard, Oregon Generalized Zoning Categories Subject Site Zoning Classifications IN—1 U R-1 Residential Low-Density 0 R-2 Residential Low-Density 0 R-3.5 Residential Low-Density R-4.5 Residential Low-Density R-7 Residential Medium-Density R-12 Residential Medium-Density —1 R-25 Residential Medium-High-Density O R-40 Residential High-Density MUR-1 Mixed Use Residential 1 •MUR-2 Mixed Use Residential 2 •MU-CBD Mixed Use Central Bus Dist •C-C Community Commercial •C-G General Commercial C-N Neighborhood Commercial ■C-P Professional Commercial ■MUC Mixed Use Commercial ■MUC-1 Mixed Use Commercial 1 ■TMU Triangle Mixed Use ---- n L --- Data s derived• ru1(Dle s TFe City al Ti9are __ re0resentation s r guarantee a " — —_ ._ ent�a tlmelin eas o m01<re n<ss o any er��ears D e.m�n neem Tne cur or roam s .a ertrty mr a - na«nra,ea.n tee �Dm.iaea raeya.nie,a or no..m�aa:ea T I► O Scale: 0.04 Miles O z COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard h 13125 SW Hall Blvd Tigard, OR 97223 Map Created: (503) 639-4171 11/06/2020 www.tigard-or.gov COMMENTS Boundary Change Notice I For Department of Revenue use only Prepared by File number from Taxing District Date received I Date approved Date disapproved Boundary change packets must be received in final Notes approved form by the Department of Revenue and the County Assessor(s)by March 31. Request for: ElPreliminary approval ElFinal approval Date submitted: 11/6/20 District name City of Tigard Mailing address City State ZIP 13125 SW Hall Blvd Tigard OR 97223 County name Second county name(if applicable) Washington N/A Contact person Second contact person(if applicable) Lina Smith,Assistant Planner N/A Phone Email (503) 718-2438 LinaCS@tigard-or.gov Ordinance/resolution/order Planning file number ZCA2020-00002 Election date Effective date Notes Proposal to annex 14715 SW 133rd Ave into the City of Tigard. Property owners request to annex in order to connect to city sewer. Boundary action: ❑ Boundary change ❑x Proposed boundary change(effective after Mar.31 or requires election) ❑ Delayed annexation The change is for: ❑ Formation of a new district 0 Annexation of territory to a district ❑ Withdrawal of territory from a district ❑ Dissolution of a district ❑ Transfer ❑ Merger or consolidation ❑ Establishment of tax zone Documents required for final review: ❑ Ordinance/resolution/order ❑X Map of boundary change X❑ Legal description of boundary change ❑ School district boundary change form(must be included with school district boundary changes) ❑X Other supporting documents—List: Annexation forms certified by Washington County Email submission to: Or Send to: Contact us: boundary.changes@oregon.gov Oregon Department of Revenue boundary.changes@oregon.gov Cadastral Information Systems Unit Fax: (503)945-8737 PO Box 14380 Salem OR 97309-5075 150-504-407(Rev.12-18) • Lina Smith From: Kristen Tabscott <kTabscott@pridedisposal.com> Sent: Thursday, November 12, 2020 10:52 AM To: Lina Smith Subject: RE: Request for Comments: Rietman Annexation (ZCA2020-00002) Caution!This message was sent from outside your organization. Allow sender I Block sender We don't have any comments for this one. Thanks! Kristen Tabscott EXECUTIVE ASSISTANT Pride Disposal &Recycling Company 503-625-6177 pridedisoosal.com Follow the latest Pride news: Facebook I Twitter I enewsletter From: Lina Smith <LinaCS@tigard-or.gov> Sent: Friday, November 6, 2020 2:44 PM To: Dave Roth <daver@tigard-or.gov>;Jeremy Tamargo<jeremyt@tigard-or.gov>; Mark VanDomelen<markv@tigard- or.gov>;Jeffrey Lain <jeff.lain@tigard-or.gov>;John Goodrich<johng@tigard-or.gov>; landusenotifications@oregonmetro.gov; Bryan Robb<Bryan_Robb@co.washington.or.us>; Naomi Vogel <Naomi_Vogel@co.washington.or.us>; lutdev@co.washington.or.us;samantha.ridderbusch@centurylink.com;Jackie Humphreys<HumphreysJ@CleanWaterServices.org>; Kevin_Arnold@comcast.com;or.metro.engineering <or.metro.engineering@ziply.com>; Wells, Russell<russell.wells@ziply.com>; brian.kelley@nwnatural.com; Steve.Hursh@pgn.com; Kristen Tabscott<kTabscott@pridedisposal.com>;Jean Devenport <jdevenport@ttsd.k12.or.us>;gsmoke@ttsd.k12.or.us; MMarzahl@TigardWaterDistrict.org;John Wolff(TVFR) <john.wolff@tvfr.com> Subject: Request for Comments: Rietman Annexation (ZCA2020-00002) Please see the attached request for comments for the Rietman Annexation at 14715 SW 133`d Avenue.The property owners request to annex into the City of Tigard in order to connect to city sewer. If you have comments, please submit them to me by Monday,November 23,2020. Just FYI I will be out of the office next week, but will return on Monday, November 16,2020. Please let me know if you have any questions. Thank you, Lina Smith Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 Lina Smith From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Monday, November 23,2020 4:47 PM To: Lina Smith Subject: Re: Request for Comments:Rietman Annexation (ZCA2020-00002) Caution!This message was sent from outside your organization. Allow sender I Block sender Lina, This annexation does not impact fire department access or water supply; therefore, TVF&R has no comment or objection to the annexation. Thank you for the opportunity to review and comment on this project. John Wolff Deputy Fire Marshal Tualatin Valley Fire and Rescue 503-259-1504 From: Lina Smith <LinaCS@tigard-or.gov> Sent: Friday, November 6, 2020 2:44 PM To:Dave Roth<daver@tigard-or.gov>;Jeremy Tamargo<jeremyt@tigard-or.gov>; Mark VanDomelen<markv@tigard- or.gov>;Jeffrey Lain <jeff.lain@tigard-or.gov>;John Goodrich<johng@tigard-or.gov>; landusenotifications@oregonmetro.gov<landusenotifications@oregonmetro.gov>; Bryan Robb <Bryan_Robb@co.washington.or.us>; Naomi Vogel<Naomi_Vogel@co.washington.or.us>; lutdev@co.washington.or.us <lutdev@co.washington.or.us>;samantha.ridderbusch@centurylink.com<samantha.ridderbusch@centurylink.com>; Jackie Humphreys<HumphreysJ@CleanWaterServices.org>;Kevin_Arnold@comcast.com <Kevin_Arnold@comcast.com>;or.metro.engineering<or.metro.engineering@ziply.com>;Wells, Russell <russell.wells@ziply.com>;brian.kelley@nwnatural.com <brian.keiley@nwnatural.com>;Steve.Hursh@pgn.com <Steve.Hursh@pgn.com>; Kristen Tabscott<kTabscott@pridedisposal.com>;Jean Devenport <jdevenport@ttsd.k12.or.us>;gsmoke@ttsd.k12.or.us<gsmoke@ttsd.k12.or.us>;MMarzahl@TigardWaterDistrict.org <MMarzahl@ TigardWaterDistrict.org>;Wolff,John F.<John.Wolff@tvfr.com> Subject: Request for Comments: Rietman Annexation (ZCA2020-00002) ***The sender is from outside TVF&R—Do not click on finks or attachments unless you are sure they are safe*** Please see the attached request for comments for the Rietman Annexation at 14715 SW 133rd Avenue.The property owners request to annex into the City of Tigard in order to connect to city sewer. If you have comments, please submit them to me by Monday, November 23,2020. Just FYI I will be out of the office next week, but will return on Monday, November 16, 2020. Please let me know if you have any questions. Thank you, Lina Smith 1 Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 Boundary Change Preliminary Review DOR 34-P807-2020 OREGON DEPARTMENT 'i O F REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Tigard OR 97223 December 1, 2020 Documents received: 11/6/2020, 11/25/2020 From: Lina Smith This letter is to inform you that the Description and Map for your planne - o City of Tigard ((ZCA 2020--00002) (Rietman -Bull Mtn)) in Washington Count en reviewed per your request. They MEET the requirements of ORS 308.225 for u 'th Order, Ordinance, or Resolution which must be submitted to the Washin_ ..• ty Assessor and the Department of Revenue in final approved form before March 31 year in which the change will become effective. Line 4 --In the Final legal description, Add "most easterly' ....southeasterly corner of the plat Wilson Ridge. .40, 0 #0' #40 V110' 0 1 If you have any questions please contact Elise Bruch, Elise.A.Bruch@oregon.gov Boundary Change Notice For Department of Revenue use only Prepared by File number from Taxing District Date received Date approved I Date disapproved I Boundary change packets must be received in final Notes approved form by the Department of Revenue and the County Assessor(s)by March 31. Request for: ❑ Preliminary approval ❑x Final approval Date submitted: 11/6/20 District name City of Tigard Mailing address City State ZIP 13125 SW Hall Blvd Tigard OR 97223 County name Second county name(if applicable) Washington N/A Contact person Second contact person(if applicable) Lina Smith,Assistant Planner N/A Phone Email (503) 718-2438 LinaCS@tigard-or.gov Ordinance/resolution/order Planning file number ZCA2020-00002 Election date Effective date Notes Proposal to annex 14715 SW 133rd Ave into the City of Tigard. Property owners request to annex in order to connect to city sewer. Boundary action: x❑ Boundary change ❑ Proposed boundary change(effective after Mar.31 or requires election) ❑ Delayed annexation The change is for: ❑ Formation of a new district ❑x Annexation of territory to a district ❑ Withdrawal of territory from a district ❑ Dissolution of a district ❑ Transfer ❑ Merger or consolidation ❑ Establishment of tax zone Documents required for final review: ❑ Ordinance/resolution/order ❑ Map of boundary change ❑ Legal description of boundary change ❑ School district boundary change form(must be included with school district boundary changes) ❑ Other supporting documents—List: Annexation forms certified by Washington County • Email submission to: Or Send to: Contact us: boundary.changes@oregon.gov Oregon Department of Revenue boundary.changes@oregon.gov Cadastral Information Systems Unit Fax: (503)945-8737 PO Box 14380 Salem OR 97309-5075 150-504-407(Rev.12-18) DOR 34-2438-2021 Notice to Taxing Districts ORS 308.225 OREGON DEPARTMENT �IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Description and Map Approved Tigard OR 97223 January 22, 2021 As per ORS 308.225 'Description IMap - Received from: Lina Smith On: 1/6/2021 This is to notify you that your Description and Map in Washington County for: Annex to the City of Tigard Withdraw from Several Districts ORD. #21-01_(Rietman) (ZCA 2020-00002) has been: vr Approved 1/22/2021 r Disapproved Department of Revenue File Number: 34-2438-2021 If you have not already done so,the approved Reviewed by: Elise Bruch, Elise.A.Bruch@oregon.gov version of the Description and Map must also be Boundary: ViChange ) Proposed Change filed with the County Assessor The change is for: Formation of a new district Transfer Annexation of a territory to a district [ Merge VI Withdrawal of a territory from a district Establishment of Tax Zone Dissolution of a district DOR 34-2438-2021 Notice to Taxing Districts ORS 308.225 oREG0N cam_ DEPARTMENT oF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Description and Map Approved Tigard OR 97223 January 22, 2021 As per ORS 308.225 'Description IMap - Received from: Lina Smith On: 1/6/2021 This is to notify you that your Description and Map in Washington County for: Annex to the City of Tigard Withdraw from Several Districts ORD. #21-01 (Rietman) (ZCA 2020-00002) has been: VII Approved 1/22/2021 Disapproved Department of Revenue File Number: 34-2438-2021 ' If you have not already done so,the approved Reviewed by: Elise Bruch, E1ise.A.Bruch@oregon.gov version of the Description and Map must also be Boundary: VIChange Proposed Change filed with the County Assessor The change is for: Formation of a new district Transfer Annexation of a territory to a district Merge VWithdrawal of a territory from a district Li Establishment of Tax Zone 1 Dissolution of a district CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-0) AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 0.75 ACRES AND ONE-HALF OF THE ADJOINING SW 133"u AVENUE RIGHT-OF-WAY,APPROVING THE RIETMAN ANNEXATION (ZCA2020-00002),AND WITHDRAWING THE PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 272.120(4)(b),ORS 727.125,and ORS 222.170(1)to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 799.120(5) and 772.520 to withdraw property which currently lies within the boundaries of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on December 7, 2020, and Tigard City Council held a public hearing on January 5,2021,to consider the annexation of one(1)parcel of land consisting of Washington County Tax Map(WC 4)2S109AC,Tax Lot 600 and adjoining right-of-way,and withdrawal of said parcel and adjoining right-of-way from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09, ORS 222.120, and 222.524, notice was given and the City held two (2) public hearings on the issue of annexation into the City on December 7,2020 and January 5,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,the Tigard Community Development Code states that upon annexation,the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation,or to the City designations which are the most similar;and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09, and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS,the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and adjoining right-of-way as described and shown in the attached Exhibits"A"and"B",and withdraws said parcel and ORDINANCE No.21-0 Page 1 adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District SECTION 2: The Tigard City Council adopts the `Planning Commission Recommendation to the City Council" (ZCA2020-00002) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation,including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: Pursuant to ORS 722.120(5), the effective date of the withdrawal of the property and adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District will be the effective date of this annexation. SECTION 6: This ordinance will be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder.In accordance with ORS 222.180,the annexation will be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By 2i1174/7-1 nl c Lza— vote of all council members present after being read by number and title only,this -.5-""'"clay of 2.,..oirtl e�Ci/_ ,2021. .0',A Carol A.Krager,City Recorder, APPROVED: By Tigard City Council this 5'~ day of ,2021. `%•‘‘y OF 1-1190, Snider,Mayor •••••••o 0,, \`••;J�.11CIP,y ''•" Crr Approved as to form: G 1 < til 111 SEAL g *certified to baa True Copy of �,r City—Attorney _ prig•inai on File 'L• �� Oce ti T C'? 1/6/2021 '�� ••;;�A;.•'' O� By: -3�?.1Ot" Date 1/�l� OF 0� ‘••' Depqty Recorder- City o gam ORDINANCE No.21-Q Y Page 2 Date: 24.ptUgetti 6, ao As AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#8439 P:(503)563-6151 www.aks-en9.com ENGNRe1G&Fob OFFICES IN: BEND,OR - KuZER,OR-TUALATIN,OR-VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way,located in the Northeast One-Quarter of Section 9, Township 2 South,Range I West,Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Commencing at the most easterly southeasterly corner of the plat"Wilson Ridge"and also being on the west right-of-way line of SW 133rd Avenue(25.00 feet from centerline), said point bears South 89°54'00"East 2.00 feet from the southeast corner of Lot 7 of said plat;thence along the easterly extension of the south line of said plat, South 89°54'00"East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline,South 00°37'00"East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00"West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00"East 129.00 feet from the southeast corner of Tract'C' of said plat; thence along the westerly line of said deed and said city limits line,North 30°10'10" East 161.76 feet to the northwest corner of said deed;thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet,more or less. Bearings for this description are based on Survey Number 16,834,Washington County Survey Records. 12/2/2020 REGISTERED PROFESSIONAL LAND SURVEYOR b EG• . JANUARY I1, 2007 NICK WHITE RENEWS: . EXHIBIT B A TRACT OF LAND AND A PORTION OF RIGHT—OF--WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON .>:,....: -..4.----- D G(41 • iLSON I 410 �A LOT 7 Sa94'00"E 25.00' 1 400,4%400'` • S8954'O0'E 2.00'-f t'l POINT OF 25'1 COMMENCEMENT It SE COR 'WILSON RIDGE` 1 N -. SW N COLI II _ 0 ,Li , LANE _, POINT OF BEGINNING 1 DOC. NO. S89'54'00'E 216.00' / 96108423 ��a. — ++*— r�?. rE . . l....: b• * $ z r «� �`—TRACT 'C' OF o 97026952DOC. W 'WILSON RIDGE' ) AREA=36,034 SF±AV 8 8SW 132ND `�- TERRACE -'`-- S89'54 00`E _ N89'5410011/ 298.80' 129.00' G I Ili 91001003 r I W LEGEND vii t aC rte.. CITY OF TIGARD CITY LIMITS UNE 12/2/2020 PREPARED FOR ../' N SCALE: 1n=100 FEET REGISTERED SHAWN AND JORiNE RIETMAN PROFESSIONAL 14715 SW 133RD AVENUE LAND SURVEYOR TIGARD, OR 97224 Pillilliall0661 100 0 20 50 100 AbliA04&") ANNEXATION MAP EXHIBIT OREGON B JANUARY 9, 2AKS ENGINEERING & FORESTRY, LLC DWI: WO WHITE 12965 SW HERMAN RD, STE 100 giKD NSW 706!215 TUALATIN, OR 97062 AKS JOB: RENEWS: 6/30/22 503.563.6151 WWW.AKS—ENG.COMAM 8439 DWG:8439 20201202 DIB I EMI a.� EXHIBIT C Hearing Date:Tanuary 5.2021,Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS =N/A SECTION I. APPLICATION SUMMARY FILE NAME: RIETMAN ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2020-00002 APPLICANTS: Shawn C. and B.Jorine Rietman 14715 SW 133'd Avenue Tigard,OR 97224 OWNERS: Same as applicants PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 133'a Avenue (WCTM 2S109AC,Tax Lot 600) into the City of Tigard,in order to connect to city sewer. LOCATION: 14715 SW 133'd Avenue WCTM 2S109AC,Tax Lot 600 COUNTY ZONE: R-6:Residential 6 units per acre CITY ZONE: R-7:Medium-Density Residential APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720;Comprehensive Plan Goals 1,11,12,and 14;Metro CRITERIA: Code Chapter 3.09;and Oregon Revised Statutes (ORS)Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION, Planning Commission finds that the proposed annexation(ZCA2020-00002)meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies:Goal 1.1;Goal 11.1,Policy 4;Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00002 to City Council. RIETMAN ANNEXATION PAGE 1 OF 11 ZCA2O20-00002 SECTION III. BACKGROUND INFORMATION The subject property(14715 SW 133`a Avenue;WCTM 2S109AC,Tax Lot 600) is located on the west side of SW 133'Avenue,north of SW Beef Bend Road, and south of SW Bull Mountain Road. The adjacent properties to the north and west are under the jurisdiction of the City of Tigard,and the adjacent properties to the south and east are part of unincorporated Washington County.The property is currently developed with an existing single detached house with an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts,the subject property is zoned R-6(Residential 6 units per acre),and upon approval of this proposed annexation,the property will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant requests to annex into the City of Tigard in order to connect to city sewer. On December 7, 2020,Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00002). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1;Goal 11.1 (Policy 4),and Goal 11.3(Policy 6),Goal 12,Goal 14.2(Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 181 Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030.City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission(scheduled for December 7,2020),and one before City Council(scheduled for January 5,2021). City staff followed public noticing requirements,in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Chanter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexation applications are processed through a Type IIl-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. RIETMAN ANNEXATION PAGE 2 OF 11 ZCA2020-00002 This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09;and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09.The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOIJNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to,and do not supersede,applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change.The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory.Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection(B)shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on November 5, 2020, and notified the applicant on November 5, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for December 7, 2020) and before City Council (scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks(with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard web site,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. 3.09.045 Expedited Decisions RJETMAN ANNEXATION PAGE 3 OF 11 2CA2020-00002 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process,the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County,Metro, and the service districts for water, sewer,public safety,parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area.As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation area, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)between the affected entity and a necessary party; ORS 195.020(2)speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation,the City of Tigard will provide sewer and stortnwater services to the site,instead of Clean Water Services.SW 133'd Avenue will be annexed into the City of Tigard to the centerline of the right-of-way.The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site,Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site,and Tigard-Tualatin School District(fi SD)will continue to be the assigned school district for the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991,and updated in 2019,in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; RIETMAN ANNEXATION PAGE 4 OF 11 ZCA2020-00002 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan.The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. 1. Any applicable concept plan;and There is no applicable concept plan associated with this proposal.Therefore,this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services;and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer.As addressed under Comprehensive Plan,Goal 11:Public Facilities and Services of this report,staff finds that all public facilities and services are available to the proposed annexation site, and have sufficient capacity to provide service.Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services.SW 133`d Avenue will be annexed into the City of Tigard to the centerline of the right-of-way. The City of Tigard Police Department will provide public safety services,instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site,TVF&R will continue to provide fire protection and emergency medical services to the site,and TTSD will continue to be the assigned school district for the site. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB.Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was posted on the City of Tigard website and made available to the public more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party;and P.ETMAN ANNEXATION PAGE 5 OF 11 ZCA2020-00002 The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriff's Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on January 5, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00002,the effective date of this annexation will be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and(E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the City's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation.The assignment of these designations occurs automatically and concurrently with the annexation.In the case of land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved.Within the Washington Square Regional Center,the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29,2001,Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. RIETMAN ANNEXATION PAGE 6 OF 11 ZCA2020-00002 CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units per acre R-7 Medium-density residential CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations. As outlined in the table above,the assignment of city designations for the subject property will be based on these conversions,and will occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 6 units per acre). Upon approval of this proposed annexation,the subject site will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission.City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management,Community Facilities,and Private Utilities. In addition,the Comprehensive Plan's Glossary includes public safety,parks, and transportation under Public Facilities and Services.As detailed in the findings below, staff finds that all public facilities and services are available to the proposed annexation area, and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department.The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property,in SW 133`d Avenue.Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Water—City of Tigard Public Works Department. The subject property is located in the Tigard Water Service area,and is currently served by an existing eight-inch water main in SW 133`d Avenue.Accordingly, city water facilities have adequate capacity to continue serving the subject property. RIE'IMAN ANNEXATION PAGE 7 OF 11 ZCA2020-00002 Sewer— City of Tigard Public Works Department.The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services."City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133rd Avenue. City sewer facilities have adequate capacity to serve the subject site. Police—City of Tigard Police Department.The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District,and the City of Tigard Police Department will provide public safety services to the site. Fire—Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVP&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex one property, totaling 0.75 acres in size,into the City of Tigard.Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division.The subject property fronts on SW 133"Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic,or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property, in SW 133' Avenue. Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with the policy outlined above.City of Tigard sewer infrastructure is available by an existing eight- inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133"Avenue. City sewer facilities have adequate capacity to serve the subject site. Goal 12:To provide and encourage a safe,convenient,and economic transportation system. The subject property fronts on SW 133"Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. RIETMAN ANNEXATION PAGE 8 OF 11 ZCA2020-00002 Goal 14.2,Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation area, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services;and As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation area,and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report,staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (14715 SW 133'Avenue; WCTM 2S109AC,Tax Lot 600) is bordered to the north and west by the City of Tigard,and is bordered to the south and east by unincorporated Washington County. Because the subject site is surrounded on two sides by the City of Tigard,this annexation will not create an "island"of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request.This annexation will enable public services to be efficiently and effectively extended to the subject property. There is no concept plan or sub-area master plan that has been approved by the PIanning Commission or City Council that is applicable to this property. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes;Mergers;Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city,on its own motion,or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 RIETMAN ANNEXATION PAGE 9 OF 11 ZCA2020-00002 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter,the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The owners of the subject property(14715 SW 133x1 Avenue;WCTM 2S109AC,Tax Lot 600) submitted an annexation petition to the City on October 28, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However,the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for December 7,2020)and before City Council(scheduled for January 5,2021).City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center, Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30, 2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. SECTION V. OTHER STAFF AND AGENCY COMMENTS Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. SECTION VI. PUBLIC COMMENTS. City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9,2020.As of December 15,2020,no public comments were received. RIET {AN ANNEXATION PAGE 10 OF 11 ZCA2020-00002 Attachments: Attachment 1:Zoning Map SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. 1111010- `�`�— � December 15.2020 PREPARED BY: Lina Smith Assistant Planner � `"/ die i December 15.2020 APPROVED BY: Tom McGuire Assistant Community Development Director RIETMAN ANNEXATION PAGE 11 OF 11 ZCA2020-00002 Attachment 1: ti City of Tigard, Oregon r• _ Generalized Zoning Cs:egories CJ Subject Site Zoning Classifications •- r- R-1 Residential Low-Density '1 R-2 Residential Low-Density 'Tr.R-3.5 Residential Low-Density '-i R-4.5 Residential Low-Density Ti R-7 Residential Medium-Density R-12 Residential Medium-Density I R-25 Residential Medium-High-Density R-40 Residential High-Density - MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 MU-CBD Mixed Use Central Bus Dist C-C Community Commercial C-G General Commercial C-N Neighborhood Commercial C-P Professional Commercial MUC Mixed Use Commercial MUC-1 Mixed Use Commercial 1 TMU Triangle Mixed Use .- t; •t7 •3r•:fit+ Lh at e.•e w:i:i.:` n:d a r c`i ..•: ti -2, Scale: 0.04 'Acer COMMUNITY DEVELOPMENT DEPARTMENT r Cityof Tigard 13125 SW Hal!Blvd ttt Tigrrd• OR 97'23 Map Created: (503) F39-4171 11/0G/2020 iwe•.tig^-d-or.00v Tll• {ti PUBLIC NOTICES ■ City of Tigard TIGARD Memorandum To: Affected City Staff From: Lina Smith, Assistant Planner Re: RECENT ANNEXATION AND CENSUS INFORMATION City of Tigard Ordinance No. 2021-01 File No. ZCA2020-00002 File Name: Rietman Annexation Date: January 28, 2021 The following property was recently approved for annexation into the City of Tigard: Case Name and Rietman Annexation (Case No. ZCA2020-00002) Number: Property Owners: Shawn C. and B.Jorine Rietman 14715 SW 133rd Avenue Tigard, OR 97224 Property Address and 14715 SW 133rd Avenue Legal Description: WCTM 2S109AC, Tax Lot 600 Ordinance Number: 2021-01 Effective Date of February 4, 2021 Annexation: Attachment: Ordinance No. 2021-01 Copy: ZCA2020-00002 Land Use File CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-O) AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 0.75 ACRES AND ONE-HALF OF THE ADJOINING SW 1331°D AVENUE RIGHT-OF-WAY,APPROVING THE RIETMAN ANNEXATION (ZCA2020-00002),AND WITHDRAWING THE PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 2.22.120(4)(6),ORS 222,125,and ORS 222.170(1)to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundaries of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on December 7, 2020, and Tigard City Council held a public hearing on January 5,2021,to consider the annexation of one(1)parcel of land consisting of Washington County Tax Map(WCTM)2S109AC,Tax Lot 600 and adjoining right-of-way,and withdrawal of said parcel and adjoining right-of-way from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09, ORS 227120, and 222.524, notice was given and the City held two (2) public hearings on the issue of annexation into the City on December 7,2020 and January 5,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,the Tigard Community Development Code states that upon annexation,the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation,or to the City designations which are the most similar;and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09, and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS,the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and adjoining right-of-way as described and shown in the attached Exhibits"A"and"B",and withdraws said parcel and ORDINANCE No.21-(J f Page 1 adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2020-00002) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation,including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: Pursuant to ORS 2.22.120(5), the effective date of the withdrawal of the property and adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District will be the effective date of this annexation. SECTION 6: This ordinance will be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder.In accordance with ORS 222.180,the annexation will be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By 1/n4 c's i-- vote of all council members present after being read by number and title only,this 54)a—day of ��I�� O� ,2021. Carol A.Krager,City Recorder APPROVED: By Tigard City Council this `S'�k day of 42.4.4..acza,iI .2021. ,`�%%►IMttlllr.��<�`i" �J OF T/Goy •Snider,Mayor O.......M Approved as to form: .• ] eZ Z SEAL )* :?to eaTrue Copy ofAa -- on File City 1/6/2021 s>: ▪ •• •°:poa��G0By;• Date OF Ov ‘` Recorder- City of igard gl ORDINANCE No.21 Q t t i t i t t tr Y Page 2 Date: 24..elietlim ao.a t ALCSAKS ENGINEERING&FORESTRY LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#8439 P:(503)563-6151 I www.aks-eng.com ENGINEERING&FoRCSrnv OFFICES IN:RENO,OR- KEIZER,OR-TUALATIN,OR-VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way,located in the Northeast One-Quarter of Section 9, Township 2 South,Range 1 West,Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Commencing at the most easterly southeasterly corner of the plat'Wilson Ridge"and also being on the west right-of-way line of SW 133rd Avenue(25.00 feet from centerline), said point bears South 89°54'00"East 2.00 feet from the southeast corner of Lot 7 of said plat;thence along the easterly extension of the south line of said plat, South 89°54'00"East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline,South 00°37'00"East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00"West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00"East 129.00 feet from the southeast corner of Tract'C' of said plat; thence along the westerly line of said deed and said city limits line,North 30°10'10" East 161.76 feet to the northwest corner of said deed;thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet,more or less. Bearings for this description are based on Survey Number 16,834,Washington County Survey Records. 12/2/2020 REGISTERED PROFESSIONAL LAND SURVEYOR ULU a: .a JANUARY II, 2007 NICK WHITE LS RENEWS: g/30122 EXHIBIT B A TRACT OF LAND AND A PORTION OF RIGHT-OF-WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON `~ ` f 8` DNiGE• <4"`� s � , OCl\w+IS ~ . 1 die LOT 7S89'S4'00E 25.00' j"- ! I �O.t4� S89'54'0O'E 2.00'7 11 • POINT OF 25'l COMMENCEMENT It SE COR 'WILSON RIDGE` IN o__ SW N COLE �g • LANE POINTOFBEGINNING I� LI II .,, I S89'S4 'E 216:216.00' ' 'JwE•- `.. DOC. N0. r 96108423 N. DOC. NO. -TRACT 'C' OF . 4t,'' � 97026952 W 'WILSON RIDGE" AREA=36,034 SF± $ \ 2 8 _SW 132NQ_ �- TERRACE S89'5400'E N89'54'00'W 298.80' 129.00' p ,' �` W DOC. N0. M 1= 91001003 r I; I LE(� aD Nv r -:' r CITY OF TIGARD CITY LIMITS UNE 1 12/2/2020 PREPARED FOR / SCALE: 1"=100 FEET REGISTERED 1 SHAWN AND JORINE RIETMAN LAND SURVEYOR 14715 SWTIGARD 133RD OR 72 "UE PM111111111161Nii 100 0 20 50 100 ANNEXATION MAP (EXHIBIT B OR7910.N AKS ENGINEERING & FORESTRY, LLC AORM: WC9 JANUAR2007NICHITE12965 SW HERMAN RD, STE 100NSW70LS TUALAIIN, OR 97062 AKS JOB: RENEWS: 630/22 503.563.6151 WWW.AKS-ENG.COM 8439 , DWG:M29 20201202 D®IDM EXHIBIT C Hearing Date:January 5.2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE IN CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS =N/A SECTION L APPLICATION SUMMARY FIT F NAME: RIETMAN ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2020-00002 APPLICANTS: Shawn C. and B.Jorine Rietman 14715 SW 133'd Avenue Tigard,OR 97224 OWNERS: Same as applicants PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 1337d Avenue(WCTM 2S109AC,Tax Lot 600)into the City of Tigard,in order to connect to city sewer. LOCATION: 14715 SW 1331d Avenue WCTM 2S109AC,Tax Lot 600 COUNTY ZONE: R-6:Residential 6 units pex acre CITY ZONE: R-7:Medium-Density Residential APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720;Comprehensive Plan Goals 1,11,12,and 14;Metro CRITERIA: Code Chapter 3.09;and Oregon Revised Statutes (ORS)Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(LCA2020-00002)meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies: Goal 11;Goal 11.1,Policy 4;Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00002 to City Council. • RIETMAN ANNEXATION PAGE 1 OF 11 ZCA2020-00002 SECTION III. BACKGROUND INFORMATION The subject property(14715 SW 133`d Avenue;WCTM 2S109AC,Tax Lot 600) is located on the west side of SW 133t Avenue,north of SW Beef Bend Road, and south of SW Bull Mountain Road. The adjacent properties to the north and west are under the jurisdiction of the City of Tigard,and the adjacent properties to the south and east are part of unincorporated Washington County.The property is currently developed with an existing single detached house with an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts,the subject property is zoned R-6(Residential 6 units per acre),and upon approval of this proposed annexation,the property will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant requests to annex into the City of Tigard in order to connect to city sewer. On December 7, 2020,Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00002). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan.Goal 1.1;Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2(Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030.City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission(scheduled for December 7,2020),and one before City Council(scheduled for January 5,2021). City staff followed public noticing requirements,in accordance with CDC Sections 18,710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9,2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexation applications are processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. RIETMAN ANNEXATION PAGE 2 OF 11 ZCA2020-00002 nim This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09;and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09.The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to,and do not supersede,applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations.Notice shall be published as required by state law. C. The notice required by subsection(B)shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a.reviewing entity,and will not be processed as an expedited decision; therefore,these notice requirements apply. City staff determined this application was complete on November 5, 2020, and notified the applicant on November 5, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for December 7, 2020) and before City Council (scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public heating before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. 3.09.045 Expedited Decisions RiETMAN ANNEXATION PAGE 3 OF 11 ZCA2O20-00002 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process,the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County,Metro, and the service districts for water, sewer,public safety,parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area.As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation area, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)between the affected entity and a necessary party; ORS 195.020(2)speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services.SW 133'Avenue will be annexed into the City of Tigard to the centerline of the right-of-way.The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site,Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site, and Tigard-Tualatin School District(ITSD)will continue to be the assigned school district for the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991,and updated in 2019,in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan,Goal 11:Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; RIETMAN ANNEXATION PAGE 4 OF 11 ZCA2020-00002 31 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan.The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan;and There is no applicable concept plan associated with this proposal.Therefore,this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services;and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer.As addressed under Comprehensive Plan,Goal 11:Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site, and have sufficient capacity to provide service.Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services.SW 133`d Avenue will be annexed into the City of Tigard to the centerline of the right-of-way. The City of Tigard Police Department will provide public safety services,instead of the Washington County Sheriffs Office. City of Tigard will continue to provide water services to the site,TVF&R will continue to provide fire protection and emergency medical services to the site,and TTSD will continue to be the assigned school district for the site. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB.Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was posted on the City of Tigard website and made available to the public more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party;and ItIETMAN ANNEXATION PAGE 5 OF 11 ZCA2020-00002 The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriffs Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on January 5, 2021. Council will snake a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00002,the effective date of this annexation will be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and(E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.Z.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the City's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation.The assignment of these designations occurs automatically and concurrently with the annexation.In the case of land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved.Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29,2001,Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. RIETMAN ANNEXATION PAGE 6 OF 11 ZCA2020-00002 CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units per acre R-7 Medium-density residential CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations.As outlined in the table above,the assignment of city designations for the subject property will be based on these conversions,and will occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 6 units per acre). Upon approval of this proposed annexation,the subject site will be R-7(Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens,affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission.City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Goal 11:Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan,Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management,Community Facilities,and Private Utilities. In addition,the Comprehensive Plan's Glossary includes public safety,parks, and transportation under Public Facilities and Services.As detailed in the findings below,staff finds that all public facilities and services are available to the proposed annexation area, and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department.The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property,in SW 133`d Avenue.Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Water—City of Tigard Public Works Department. The subject property is located in the Tigard Water Service area,and is currently served by an existing eight-inch water main in SW 133'd Avenue.Accordingly, city water facilities have adequate capacity to continue serving the subject property. RIETMAN ANNEXATION PAGE 7 OF 11 ZCA2020-00002 Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services."City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133rd Avenue. City sewer facilities have adequate capacity to serve the subject site. Police—City of Tigard Police Department.The Washington County Sheriffs Office currently provides police services to the subject properties. If this annexation request is approved,the site will be withdrawn from the Enhanced Sheriff's Patrol District,and the City of Tigard Police Department will provide public safety services to the site. Fire—Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fite protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex one property, totaling 0.75 acres in size,into the City of Tigard.Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division.The subject property fronts on SW 133rd Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic,or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property, in SW 133rd Avenue. Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with the policy outlined above.City of Tigard sewer infrastructure is available by an existing eight- inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133rd Avenue. City sewer facilities have adequate capacity to serve the subject site. Goal 12:To provide and encourage a safe,convenient,and economic transportation system. The subject property fronts on SW 133rd Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. RIETMAN ANNEXATION PAGE 8 OF 11 ZCA2020-00002 Goal 14.2, Policy 1:The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation area, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services;and As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation area,and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report,staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (14715 SW 133'Avenue;WCTM 2S109AC,Tax Lot 600) is bordered to the north and west by the City of Tigard,and is bordered to the south and east by unincorporated Washington County. Because the subject site is surrounded on two sides by the City of Tigard,this annexation will not create an "island"of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request.This annexation will enable public services to be efficiently and effectively extended to the subject property. There is no concept plan or sub-area master plan that has been approved by the Planning Commission or City Council that is applicable to this property. OREGON REVISED STATUTES ORS Chapter 222--City Boundary Changes;Mergers;Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city,on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 RIETMAN ANNEXATION PAGE 9 OF 11 ZCA2020-00002 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter,the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing,in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The owners of the subject property(14715 SW 133'Avenue;WCTM 2S109AC,Tax Lot 600) submitted an annexation petition to the City on October 28, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection.Therefore, an election is not required for this annexation application. However,the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for December 7,2020) and before City Council(scheduled for January 5,2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center, Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30, 2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. SECTION V. OTHER STAFF AND AGENCY COMMENTS Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9,2020.As of December 15,2020,no public comments were received. RIETMAN ANNEXATION PAGE 10 OF 11 ZCA2020-00002 Attachments: Attachment 1:Zoning Map SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. December 15 2020 PREPARED BY: Lina Smith Assistant Planner 5147' J'1/ '"� `� December 15.2020 APPROVED BY: Tom McGuire Assistant Community Development Director RIETMAN ANNEXATION PAGE 11 OF 11 ZCA2020-00002 Attachment 1: T- ti City of Tigard, Oregon _ Gener?lizcd Zoning C=:cpories = Subject Site tl. Zoning Classifications - R-1 Residential Low-Density �R-2 Residential Low-Density r,R-3.5 Residential Low-Density r-1 R-4.5 Residential Low-Density 7 R-7 Residential Medium-Density R-12 Residential Medium-Density R-25 Residential Medium-High-Density R-40 Residential High-Density ' -I MUR-1 Mixed Use Residential 1 M• UR-2 Mixed Use Residential 2 • M• U-CBD Mixed Use Central Bus Dist s C-C Community Commercial •C-G General Commercial I C-N Neighborhood Commercial ▪C-P Professional Commercial MUC Mixed Use Commercial MUC-1 Mixed Use Commercial 1 TMU Triangle Mixed Use " 'Ter_r" Lh, � Y • Scale: 0.54 'Area COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard n 13125 SW Hallltiv ' Hlvd T'igrrd• OR 97'23 Map Created: (503) 939-4121 11/05/2020 .Yw.^.tig•+-d-or.00v PR,�� AFFIDAVIT OF MAILING TIGARD I, Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) ® NOTICE OF Land Use Decision FOR: Rietman Annexation ZCA2020-00002 ❑ AMENDED NOTICE— Decision making body: ❑ City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, January 7.2021 and deposited in the United States Mail on January 7_2021 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 20 day of ci� .2021. iv Ir-fizzi off NOTARY P :LIC OF OREGON f My Commission Expires: 1(P/i/1023 120 DAYS = N/A EXHIBIT / DATE FILED: January 5,2021 • DATE MAILED: January 7,2021 11111 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF DECISION BY THE CITY COUNCIL Case Number: ZCA2020-00002 (QUASI-TUDICIAL ANNEXATION) Case Name: RIETMAN ANNEXATION Applicants: Shawn C. and B.Jorine Rietman. 14715 SW 133`d Avenue.Tigard. OR 97224 Owners: Same as applicants Address of Property: 14715 SW 133`d Avenue Tax Map/Lot No.: Washington County Tax Assessor's Map 2S109AC.Tax Lot 600 A FINAL DECISION INCORPORATING THE FACTS, FINDINGS, AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION (ORDINANCE NO. 2021-014. TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANTS' MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT, AND THE PLANNING COMMISSION'S RECOMMENDATION FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO CONSIDER THIS APPLICATION ON DECEMBER 7. 2020, AND UNANIMOUSLY RECOMMENDED APPROVAL TO CITY COUNCIL. THE CITY COUNCIL HELD A PUBLIC HEARING ON TANUARY 5. 2021. PRIOR TO MAKING A DECISION ON THIS REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS, AND CONCLUSIONS CONTAINED WITHIN ORDINANCE NO. 2021- 01. REQUEST:The property owners request to annex a 0.75-acre property located at 14715 SW 133rd Avenue(WCTM 2S109AC, Tax Lot 600) into the City of Tigard, in order to connect to city sewer. LOCATION: 14715 SW 133rd Avenue (WCTM 2S109AC, Tax Lot 600). COUNTY ZONE: R-6: Residential 6 units per acre. CITY ZONE: R-7: Medium-Density Residential. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapters 18.710 and 18.720; Tigard Comprehensive Plan Goals 1, 11, 12,and 14;Metro Code Chapter 3.09;and Oregon Revised Statutes Chapter 222. ACTION: © Approval as Requested ❑Approval with Conditions 0 Denial FINAL DECISION: THIS IS THE FINAL DECISION OF THE CITY,AND IS EFFECTIVE UPON THE EFFECTIVE DATE OF ORDINANCE NO. 2021-01 (FEBRUARY 4,2021),AND FILING WITH THE OREGON SECRETARY OF STATE. The adopted ordinance and findings of facts can be obtained from Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard, OR 97223,by calling at (503) 718-2438, or by e-mail to LinaCSna,tigard- or.gov. APPEAL: A review of this decision may be obtained by filing a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA), according to their procedures within 21 days after this decision becomes final. QUESTIONS: If you have any questions, please contact Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard, OR 97223,by calling at (503) 718-2438,or by e-mail to LinaCSntigard-or.gov. Zoning Map City of Tigard. Oregon Generalized Zoning Categories o Subject Site Zoning Classifications P-7 R-1 Residential low-Density R-2 Residential Low-Density R-3.5 Rend ent is I low-Density R-4.S Re identiallow-Density R-7 ResidentialMedium-Density R-12 RMedium-Density R-25R�idential Medium-Hgh-Density R-40 Residential Hgh-Density MUR-1 Mixed Use Rident.al 1 MUR-2 Mixed Use Residential 2 •MU-C80 Mixed Use Central Bus DGt ■C-C Community Commercial •C-G General Commercial .,-- C-N Neighborhood Commercial ■GP Professional Comm ercial ▪MUCMixed Use Commercial •MUO1 Mixed Use Commerciall ■TMU Triangle Mixed Use ererr Ln •.h I.,..Na I..h hJ...w .n•t•$..541.1 h,e..••. nx:. t ."41' •.•..••�. =re .••. ,uv,... Y«.u. .117•...i II" I- z o Sale: 0.04 Mks 0 COMMUNITY orvnorwtwr tst►nertatwr City of Tigard rn 13125 SW HallBIvd Tigard•OR 97223 - (503) 639-4171 _- nwrr.tgard-or.gov Ey,t IT City ofTigard 111 i, Community Development ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 SHAWN C. AND B.JORINE RIETMAN 14715 SW 133RD AVENUE TIGARD, OR 97224 AFFIDAVIT OF POSTING NOTICE City of Tigard Planning Division _ : 13125 SW Hall Boulevard T I CARD : Tigard, OR 97223 In the Matter of a Quasi-judicial Annexation,processed through a Type III-Modified Procedure: Land Use File No.: ZCA2020-00002 Land Use File Name: RIETMAN ANNEXATION I, Lina Smith, being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon, and that I personally posted Notice of a Public Hearing on a proposed Quasi-judicial Annexation by means of weatherproof posting at Tigard City Hall,Tigard Permit Center.Tigard Public Works, and 14715 SW 13311 Avenue, a copy of said notice being hereto attached and by reference made a part hereof, on the 16th day of November 2020. Signature of Person Who Performed Posting (In the presence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 20 day of�Lffilliff ,2023 . (FFi IAL T/M1P 4'tr'�^ iiDGARDO MALDONA90 "1' 0J( GARY PIJE31it ORLGON L/ UMmiSSION Nt) x,,,.117 +'r CONIMIS <ON EXPIRES OCTOBER O 02:3 NOTARY PU IC OF OREGON My Commis 'on Expires: / 4i/2023 NOTICE OF PUBLIC HEARING This annexation application requires public hearings before Tigard Planning Commission and Tigard City Council. In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16, the public hearing on this application before Planning Commission will be held virtually, and it is possible that the City Council hearing may be as well. For more information, please contact Lina Smith, Assistant Planner at (503) 718-2438 or LinaCS@tigard-or.gov. Tigard Planning Commission will conduct a public hearing on this application beginning at 7:00 p.m. on Monday, December 7, 2020. Tigard City Council will conduct a public hearing on this application beginning at 7:30 p.m. on Tuesday,January 5, 2021. Attend the Virtual Hearings: www.tigard-or.gov/city_hall/public_hearings.php - RIETMAN ANNEXATION - QUASI-JUDICIAL ANNEXATION CASE NO. ZCA2020-00002 REQUEST: The property owners request to annex a 0.75-acre property located at 14715 SW 133' Avenue (WCTM 2S109AC, Tax Lot 600) into the City of Tigard, in order to connect to city sewer. LOCATION: 14715 SW 133rd Avenue (WCTM 2S109AC, Tax Lot 600). COUNTY ZONE: R-6: Residential 6 units per acre. CITY ZONE: R-7: Medium-Density Residential. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapters 18.710 and 18.720; Tigard Comprehensive Plan Goals 1, 11, 12, and 14; Metro Code Chapter 3.09; and Oregon Revised Statutes Chapter 222. Copies of the materials and evidence considered by the City are part of the public record and available for review. If you would like to review these materials at no cost, please contact the staff person listed above. Additionally, at least 15 days prior to the Planning Commission public hearing, the staff report will be available online, at no cost: www.tigard- or.gov/city_hall/public_hearings.php. Hard copies of the materials, evidence, and staff report are available at a reasonable cost. Please contact the staff person listed above for more information. N AFFIDAVIT OF MAILING 111 T I GARD I,Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County, Oregon and that I served the following: ;Check Appropriate Box(s)Below ® NOTICE OF Land Use Application FOR: Rietman Annexation (ZCA2020-00002) ❑ AMENDED NOTICE— Decision making body: ® City of Tigard Community Development Director /Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, November 9.2020 and deposited in the United States Mail on November 9,2020,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) / Subscribed and sworn/affirmed before me on the 23' day of Y�' ,2020. O.PF:CIAL STAMP / <-�'G.4ET'?rJ MALDONADO � ' P ;P(;'k_'f3LC OREGON / / r 1.'117 -. • n t NOTARY7(TBLIC OF OREGON My Commission Expires: /0-0/2.3 Q AFFIDAVIT OF MAILINGOM TIGARD I, Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County, Oregon and that I served the following: Check Appropriate Box(s)Below ® NOTICE OF Land Use Application FOR: Rietman Annexation (ZCA2020-00002) ❑ AMENDED NOTICE— Decision making body: ® City of Tigard Community Development Director /Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof, November 9.2020 and deposited in the United States Mail on November 9.2020,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of ,2020. NOTARY PUBLIC OF OREGON My Commission Expires: EXHIBIT A Nu Notice of Land Use Public Hearing ■ i Quasi Judicial Annexation TIGARD Rietman Annexation (ZCA2020-00002) November 9, 2020 Dear Neighbor, You are receiving this notice because an annexation is proposed in your neighborhood,which requires public hearings before Tigard Planning Commission and Tigard City Council. In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16,the public hearing on this application before Planning Commission will be held virtually, and it is possible that the City Council hearing may be as well. You are invited to attend the public hearings. If you wish to provide comments at a virtual public hearing,the City will provide a call-in number to receive oral testimony during the hearing.Additional information and call-in procedures will be provided on the meeting agenda. You may also submit written comments, as provided below. If you have any questions, or would like more information on this application, please contact the staff person listed below. Project Name and Rietman Annexation (ZCA2020-00002) . Case Number: Location: 14715 SW 133rd Avenue;WCTM 2S109AC,Tax Lot 600 Request: The property owners request to annex a 0.75-acre property located at 14715 SW 133"' Avenue (WCTM 2S109AC, Tax Lot 600) into the City of Tigard,in order to connect to city sewer. Planning Commission 7 PM on Monday, December 7, 2020 Public Hearing: City Council 7:30 PM on Tuesday,January 5,2021 Public Hearing: Attend the Virtual Hearings: www.tigard-or.gov/city_hall/public_hearings.php Submit Written Comments: E-mail: LinaCS@tigard-or.gov Comment Deadline: 4:30 P.M. on the day of each hearing Comments must be directed toward the applicable approval criteria (listed on the next page) City of Tigard,Community Development Department • 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 1 of 3 Staff Person: Lina Smith,Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard,OR 97223 (503) 718-2438 LinaCS@tigard-or.gov Applicants: Shawn C. and B.Jorine Rietman 14715 SW 133rd Avenue Tigard,OR 97224 Property Owners: Same as applicants Zone: Upon annexation, the subject property will be zoned R-7: Medium-Density Residential Applicable Approval Tigard Community Development Code Chapters 18.710 and Criteria: 18.720; Tigard Comprehensive Plan Goals 1, 11, 12, and 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222 Additional Information Copies of the materials and evidence considered by the City are part of the public record and available for review. If you would like to review these materials at no cost,please contact the staff person listed above. Additionally,at least 15 days prior to the Planning Commission public hearing, the staff report will be available online, at no cost: www.tigard-or.gov/city_hall/public_hearings.php. Hard copies of the materials, evidence, and staff report are available at a reasonable cost. Please contact the staff person listed above for more information. Public Hearing Information The Community Development Director will prepare a staff report and recommendation on this application to the Planning Commission. Planning Commission will then make a recommendation on this application to City Council. After considering all the evidence, including the Planning Commission's recommendation, applicant's materials, applicable approval criteria, and all written comments, City Council will either approve the application, approve the application with conditions, or deny the application. The decision will be mailed to the applicant, and anyone who submitted testimony. The public hearings on this application will be conducted in accordance with Tigard Community Development Code Section 18.710.100, and any rules of procedure adopted by the Tigard City Council. At the hearings, Planning Commission and City Council will receive a staff report presentation from city staff, open the hearing, and invite oral and written testimony. Planning Commission and City Council may continue the public hearings in order to obtain more information, or may close the public hearings and take action on the application. Any participant may request a continuance of the hearing to present additional evidence or testimony.If a continuance is not granted, any participant may request that the record be left open for at least seven days after the hearing. City of Tigard,Community Development Department • 13125 SW Hall Boulevard,Tigard, Oregon 97223 Page 2 of 3 Appeal Information Failure to raise an issue, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue may preclude an appeal to the Land Use Board of Appeals on that issue.The decision may be appealed to the Land Use Board of Appeals, as provided in ORS 197.830. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Attachment: Zoning Map City of Tigard,Community Development Department• 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 3 of 3 Zoning Map z City of Tigard, Oregon C Generalized Zoning Categories Subject Site S Zoning Classifications R-7 C R-1 Residential Low-Density 0 R-2 Residential Low-Density C R-3.5 Residential Low-Density R-4.5 Residential Low-Density 0 R-7 Residential Medium-Density P R n R-12 Residential Medium-Density R-25 Residential Medium-High-Density 0 R-40 Residential High-Density MUR-1 Mixed Use Residential 1 • MUR-2 Mixed Use Residential 2 • MU-CBD Mixed Use Central Bus Dist •C-C Community Commercial •C-G General Commercial C-N Neighborhood Commercial C-P Professional Commercial ` ■MUC Mixed Use Commercial • MUC-1 Mixed Use Commercial 1 •TMU Triangle Mixed Use N. L3 , ttnr,� Ln Data.a aen.ee t.om mpwpie s me city or ryare makec n nt Y.re Oresenlal,on zo,9aarantae a 1M1e c icy, eline Ts o mpl sten eof eny of thedata provided hereon.The City of Tigard shall iaewtr to,apr e ,neoce.ames c me inior muion p oases Seaaraie::or now caused I- 0 U M Scale: 0.04 Miles J COMMUNITY DEVELOPMENT DEPARTMENT Cityof Tigard � 13125 SW HaII Blvd Tigard, OR 97223 Map Created: (503) 639-4171 TIGARD "06/2020 www.tigard-or.gov EXHIBIT B 2S109BD03800 ATTN:DONNY LEE ABFLAEI,H.1\IED SECTOR HOUSING OFFICER SHAHEDE,ANITA 2185 SE 12TH PLACE 14718 SW SCARLEFI DR WARRENTON,OR 97146 PORTLAND,OR 97224 multiple BEILKE,SUSAN BALCOM,RICK L&SHARIN A 11755 SW 114TH PLACE 14798 SW SCARLEFI DR TIGARD, OR 97223 TIGARD,OR 97224 multiple 2S109AC03900 BOSLEY REVOCABLE LIVING TRUST BROWN,BRENDA K BY BOSLEY,DAVID A&PATRICIA L TRS 14543 SW ANGUS PL 14665 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 BUEHNER,GRETCHEN 2S109ACO2200 PO BOX 230268 BULL MOUNTAIN LLC TIGARD,OR 97281 3115 SW STEPHENSON ST PORTLAND,OR 97219 CAFFALL,REX CAROL RENAUD 13205 SW VILLAGE GLENN COUNTY ADMINISTRATIVE OFFICE -CO\LNIUNITY TIGARD,OR 97223 ENGAGEMENT 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S109ACO2800 2S 109BD08100 CHU,BRANDON M&MULIATI CICHOKE,ANTHONY J&PAMELA A 14578 SW ANGUS PL 14894 SW SCARLE IT DR TIG_\RD,OR 97224 TIGARD,OR 97224 CITY OF TIGARD CONNERY,STACY A FIN:LINA SMITH 12564 SW MAIN STREET 13125 SW HALL BLVD. TIGARD,OR 97223 TIG_ARD,OR 97223 2S109ACO2700 CRAGHEAD,ALEXANDER COX,DONNELL 12205 SW HALL BOULEVARD 14554 SW ANGUS PL TIGARD,OR 97223-6210 TIGARD,OR 97224 2S109AC03200 2S109AC06000 CURTIS,KENNETH DECKER,ROBERT KANE,EDWARD 13284 SW NICOLE LN KING,TANISHA TIGARD,OR 97224 13361 SW ANGUS CT TIGARD,OR 97224 DEFILIPPIS,VICTOR 2S109AC06600 13892 SW BRAYDON CT DEGRAAFF&DELHIJ FAMILY TRUST TIGARD,OR 97224 BY DEGRAAFF,HENDRICUS JOHANNES& DELHIJ,MARIA HELENA FRANCISCA T 13261 SW MADDIE LN TIGARD,OR 97224 2S 109AC01500 2S109BD05100 DILLON,DONALD LEE REVOC LIVING DRYER,DONNA A DILLON,ONIE NADINE REVOC LIVING TR 13678 SW ASHLEY CT 14840 SW 133RD AVE TIGARD,OR 97224 TIG_1RD,OR 97224 2S109AC05800 2S109AB01700 DURHAM,HEATHER C EGGER SURVIVOR'S TRUST 13154 SW NICOLE LN EGGER FAMILY TRUST TIGARD,OR 97224 BY EGGER,JACOB L TR 13395 SW BULL MOUNTAIN RD TIGARD,OR 97224 ENGVALL,ANN 2S109AC05500 15461 SW 82 PL FAKHRY,JENNIFER TIGARD,OR 97224 13199 SW NICOLE LN TIGARD,OR 97224 2S109BD03600 FROUDE, BEVERLY FISHER,DAVID J LIVING TRUST 12200 SW BULL MOUNTAIN ROAD FISHER,NANCIE I LIVING TRUST TIGARD,OR 97224 BY FISHER,DAVID J &NANCIE I TR 13620 SW TARLETON CT TIGARD,OR 97224 2S109ACO2300 HADLEY,BONNIE CHAIR CPO 4B GUMUSOGLU,ZIYA SINAN&JEANNE 0 16200 SW PACIFIC HWY SUITE H BOX 242 13175 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97223 HAMILTON,LISA CPO 4B VICE CHAIR 2S109BD07100 13565 SW BEEF BEND ROAD HANNA,TIMOTHY G&PATRICIA S TIGARD,OR 97224 14744 SW SCARLETT DR TIGARD,OR 97224 2S109BD09100 2S109AC04900 HANSEN FAMILY REVOCABLE LIVING T HAUCK,RYAN&ALICIA BY HANSEN,JACK R&DARLENE M TRS 14612 SW 133RD AVE 13580 SW RHETT CT TIGARD,OR 97224 TIGARD,OR 97224 HERING,J.BLAKE 2S109BD03300 GANTRY,INC. HESTMARK,THOMAS A&_J-1MIE R 121 SW MORRISON,SUITE 210 13580 SW TARLETON CT PORTLAND,OR 97204 PORTLAND,OR 97224 2S109BD08600 HOWLAND,HAROLD AND RUTH HOUGHTON,DENNIS LEE& 13145 SW BENISH LISA MILLER TIG_1RD,OR 97223 14787 SW SCARLETT DR TIGARD,OR 97224 2S109AC00500 2S109AC05600 HUMMEL,B W&GERALDINE B JABBARY,SHERZAD 14695 SW 133RD JABBARY,IKHLAS TIGARD,OR 97223 13183 SW NICOLE LN TIG_-1RD,OR 97224 2S109BD08900 2S109AC04700 JEDAN,MICHAEL E JNA PROPERTIES LLC HEIRONIMUS,BETH A 19975 SW CIPOLE RD 13625 SW RHETT CT SHERWOOD,OR 97140 TIGARD,OR 97224 2S109AC06300 2S109AC03100 JONES,RICHARD STEVEN&DLANA LY Ii_AVIANL-1N,ASEMANEH JOHNSON,JAN RAE HAYES,WINFRED A II 13319 SW MLADDIE LN 13375 SW ANGUS CT TIGARD,OR 97224 TIG-1RD, OR 97224 2S109AC06200 2S109AC00900 KHUU,SYKIET G&MINDY T KILLINGSWORTH,BRENDA K&SEAN 13346 SW NICOLE LN 14925 SW 133RD AVE TIGARD,OR 97224 TIGARD, OR 97224 2S109AC05300 multiple LAI,CARMELITA A&ALAIN L LARSON,JAY W&MARGARET A JOINT 13245 SW NICOLE LN LIVING TRUST TIGARD,OR 97224 14800 SW 133RD AVE TIGARD,OR 97224 2S109BD08700 LISA HAMILTON CPO 4B VICE-CHAIR LEWIS,RANDY&ANGELA 16200 SW PACIFIC HWY SUITE H BOX 242 13585 SW RHE 1`I CT TIGARD,OR 97224 TIGARD,OR 97224 LONG,JIM CHAIR,CPO 4M 2S109AC05000 10655 SW HALL BLVD. MAI,CHRISTOPHER&ERICA TIGARD,OR 97223 13287 SW NICOLE LN TIGARD,OR 97224 2S109AC06700 2S109BD07500 MANNING,MATTHEW NATHAN MARREEL,ROBERT&KATHERINE JOIN YOU\LIN,JOSEPH SCOTT 14690 SW 136TH PL 13249 SW M ADDIE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AC06400 2S109BD08800 MCCLAUGHRY,RYAN PATRICK MCDONALD,DAVID MCCLAUGHRY,AMY KATHRYN BERGSTROM,ANN 13299 SW MADDIE LN 13605 SW RHETT CT TIGARD,OR 97224 TIGARD,OR 97224 MILDREN,GENE 2S109BD03900 MILDREN DESIGN GROUP MITCHELL,TERRY R 7650 SW BEVELAND ST,S FE 120 PATERA,KIMBERLY J TIGVRD,OR 97223 14721 SW SCARLETT DR TIG-1RD,OR 97224 2S109AB01600 2S109BD07900 MONTGOMERY,WILLLIM L&MARIANNE MULLERLEILE FAMILY TRUST 13379 SW BULL MOUNTAIN RD BY MULLERLEILE,ED E&MARY L TRS TIG-1RD,OR 97224 14830 SW SCARLETT DR TIGARD,OR 97224 maw MURDOCK,NATHAN AND ANN 2S109AC03600 7415 SW SPRUCE STREET NASH,JASON R TIGARD,OR 97223 14687 SW ANGUS PL TIGARD,OR 97224 NEAL BROWN. GRI 2S109AC03400 MEADOWS INC REALTORS NGUYEN,DUC H 12655 SW NORTH DAKOTA STREET RAMONES,DONALYN E TIGARD,OR 97223 13426 SW ANGUS CT TIGARD,OR 97224 2S109AC03300 2S109AC01000 NGUYEN,QUEMINH NOCE,DONNA MARIE 13353 SW ANGUS CT 14985 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109BD07300 2S109AC01400 NUDEL\L\N FAMILY TRUST OBI,MANASSEH 14675 SW 136TH PL 14880 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109AC05400 2S109AC00800 OSSANNA,INLARK PRAM,HAN D 13231 SW NICOLE LN NGUYEN,THUY L TIGARD,OR 97224 14845 SW 133RD AVE TIGARD,OR 97224 2S109AC00600 ROGERS,KA FE RIETMAN,SHAWN C&B JORINE 9527 SW BROOKLYN LN 14715 SW 133RD AVE TIGARD,OR,97224 TIGARD,OR 97224 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 SAVANNAH EDSON 2S109BD03200 METROPOLITAN LAND GROUP,LLC SCHATZEL,JAMES A 17933 NW EVERGREEN PARKWAY,SUITE 300 BULLARD-SCHATZEL,JUDITH S BEAVERTON,OR 97006 13570 SW TARLETON CT TIGARD,OR 97224 2S109AC00400 2S109BD08400 SCHMITZ,NATHAN j SEABAUGH,MICHAEL L/TERESA A PALMANTEER,DEVON J 14743 SW SCARLETT DR 14635 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109BD08500 2S 109AB01400 SENFF,RYAN JACK&VALERIE FRANC SHELBY,MATTHEW&TABITHA 14765 SW SCARLETT DR 13285 SW BULL MOUNTAIN RD TIGARD,OR 97224 PORTLAND,OR 97224 2S109AC06100 2S109ACO2900 SHIFERAW,KULITI G SIGAM ANI,SARAVANAN 2944 SUNBREAK LN 13407 SW ANGUS CT WEST LINN,OR 97068 TIGARD, OR 97224 2S109AB01100 SPRING,BRAD SONU,TERESA CHOLCHA 7555 SW SPRUCE STREET PALM ROSE LIVING TRUST TIGARD, OR 97223 BY PALMROSE,GERALD W&CATHERIN 13265 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S109-AC05100 SUNDBERG,ROSS STOICA,CATALIN&ALINA 16382 SW 104TH AVE 13275 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 multiple 2S109AC03800 SZEWCZYK,ANDRZEI AND ELZBIETA TABOADA,THADDEUS E&THERESA D A FIN:MENDI 9090152 14715 SW 109TH AVE#3 14948 SW SCARLEFI DR PORTLAND,OR 97224 TIGARD,OR 97223 2S109BD07700 2S109AC00700 TAYLOR,FRANCINE&CALVIN TRUST TAYLOR,JAMES M 14776 SW SCARLEI"1 DR 14795 SW 133RD TIG_ARD,OR 97224 TIGARD,OR 97223 2S109BD07200 multiple THOMSEN,GEOFFREY&ANDREA TIGARD-TUALATIN SCHOOL DIST 23J 14695 SW 136TH PL ATTN:BUSINESS MANAGER PORTLAND,OR 97224 6960 SW SANDBURG ST TIG-ARD,OR 97223 2S109AC03000 2S109BD03700 TRINH,DAT UHLE,WILLIAM K& NGUYEN,KIM PA Fl ERSON,LINDA S 13389 SW ANGUS CT 13630 SW TARLETON CT TIGARD,OR 97224 TIG-ARD,OR 97224 2S109AC05200 2S109AC04300 TANG,PENG Y&S I'EPH_-ANIE P VANHOUTEN,IALkRLA 13263 SW NICOLE LN 14710 SW 136TH PL TIGARD,OR 97223 TIGARD,OR 97224 2S109BD07600 2S109AC03500 VANHOUTON,MARIA WEAVER,JACQUELINE CHRISTINA 14710 SW 136TH PL WEAVER,JAMES GRIGGS JR TIG-ARD,OR 97223 14662 SW ANGUS PL TIGARD,OR 97224 2S109AC05700 WEGENER,BRIAN WEAVER,SAMUEL&KELSEY 9830 SW KIMBERLY DRIVE 13177 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 25109BD03400 2S 109BD07400 \VEGGELAND,1\L\RK&LISA LIVING TR WESTGA FE FAMILY 2017 TRUST 13590 SW TARLETON CT BY WESTGATE,JOHN B&GRETCHEN R TR TIGARD,OR 97224 14670 SW 136TH PL TIGARD,OR 97224 2S109AC06500 2S109AC03700 WHIPPLE,KELVIN CHET&ERYN WHITTEN,LORA C 13275 SW MADDIE LN SHEPHERD,ERIC J TIGARD,OR 97224 14591 SW ANGUS PL PORTLAND,OR 97224 multiple 2S 109AC05900 `'INN,DOUGLAS R&KEMI ) WINN TR WRIDGE,AMBER M 14862 SW SCARLE 1`l DR 13168 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AC04800 YOUNG,DAVID E YOUNG,IL\RDI C 14634 SW 133RD AVE TIGARD,OR 97224 iii TIGARD City of Tigard January 6, 2021 NOTICE TO AGENCIES, PUBLIC UTILITIES, ELECTRIC COOPERATIVES AND TELECOMMUNICATIONS CARRIERS OPERATING WITHIN THE CITY OF TIGARD,OREGON The following property was recently approved for annexation into the City of Tigard: 1 Case Name and Number: Rietman Annexation (ZCA2020-00002) Property Owners: Shawn C. and B.Jorine Rietman 14715 SW 133rd Avenue Tigard,OR 97224 Property Address and 14715 SW 133rd Avenue Legal Description: WCTM 2S109AC,Tax Lot 600 I Ordinance Number: 2021-01 Effective Date of Upon the effective date of Ordinance No. 2021-01 (February 4, Annexation: 2021), and filing with the Oregon Secretary Of State The following items are included with this letter: • City Council ordinance approving the proposed annexation • Legal description of the subject property • Surveyed map of the subject property Please feel free to contact me at (503) 718-2438 or LinaCS Q,ti ard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Enclosures Copy: ZCA2020-00002 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-G) AN ORDINANCE ANNEXING ONE (1) PARCF.T OF LAND TOTALING APPROXIMATELY 0.75 ACRES AND ONE-HALF OF THE ADJOINING SW 133'AVENUE RIGHT-OF-WAY,APPROVING THE RIETMAN ANNEXATION (ZCA2020-00002),AND WITHDRAWING THE PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 2.27.120(4)(b),ORS 222.125,and ORS 222.170(1)to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 227 120(5) and 222.520 to withdraw property which currently lies within the boundaries of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on December 7, 2020, and Tigard City Council held a public hearing on January 5,2021,to consider the annexation of one(1)parcel of land consisting of Washington County Tax Map(WCTM)2S109AC,Tax Lot 600 and adjoining right-of-way,and withdrawal of said parcel and adjoining right-of-way from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09, ORS 222120, and 222.524, notice was given and the City held two (2) public hearings on the issue of annexation into the City on December 7,2020 and January 5,2021;and WHEREAS,pursuant to ORS 222.524,the City must derlare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,the Tigard Community Development Code state¢that upon annexation,the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation,or to the City designations which are the most similar;and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09, and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS,the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and adjoining right-of-way as described and shown in the attached Exhibits"A"and"B",and withdraws said parcel and ORDINANCE No.21-0 Page 1 adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the `Planning Commission Recommendation to the City Council" (ZCA2020-00002) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation,including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: Pursuant to ORS 299.120(5), the effective date of the withdrawal of the property and adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District will be the effective date of this annexation. SECTION 6: This ordinance will be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder.In accordance with ORS 222.180,the annexation will be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By 2l/?. ll d n7 c Lto.-- vote of all council members present after being read by number and title only,this S'-"day of 9.0_,//'tl,. ,2021. Carol A.Krager,City Recorder APPROVED: By Tigard City Council this S� day of_pitAkee.a.,./, .2021. ♦♦�♦�� F T1 �Y ySnider,Mayor ♦ .••••'•••. i v\�..• Jt.11Cipq��•.1� 'moi„ Approved as to form: �� *}r SEA i*_entified to be a True Copy ofr d. L g Priginal on File a 1-0 1 City Attorney l/6/2021 �).°yOAppR��rx02"% By: � oe54 .� Date //i,,; OF 0 .• Recorder- City o1Vhgard ORDINANCE No.21-Q «t t t t t G�c Y Page 2 Date: d* H ao AIMS( AKS ENGINEERING&FORESTRY,LLC 32965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#8439P:1503)563-6151 I www.aks-eng.com ENGINBsRiNG&FoResTRY OFFlCES IN: BEND,OR - KEIZER,OR-TUALATIN,OR-VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way,located in the Northeast One-Quarter of Section 9, Township 2 South,Range I West, Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Commencing at the most easterly southeasterly corner of the plat"Wilson Ridge"and also being on the west right-of-way line of SW 133rd Avenue(25.00 feet from centerline), said point bears South 89°54'00"East 2.00 feet from the southeast corner of Lot 7 of said plat;thence along the easterly extension of the south line of said plat,South 89°54'00"East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline,South 00°37'00"East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00"West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00"East 129.00 feet from the southeast corner of Tract'C' of said plat;thence along the westerly line of said deed and said city limits line,North 30°10'10" East 161.76 feet to the northwest corner of said deed;thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet,more or less. Bearings for this description are based on Survey Number 16,834,Washington County Survey Records. 12/2/2020 REGISTERED PROFESSIONAL LAND SURVEYOR Aiiie / ..17 ORM;• . • JANUARY II, 2.007 NICK WHITE 70552LS RENEWS: i/3up EXHIBIT B A TRACT OF LAND AND A PORTION OF RIGHT-OF-WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON LSON > /LNR / J/ I 4,0' .1' LOT 7 S 19'54'00"E 25.00' `70.trb S89'54'00"E 2.00'7 1\i POINT OF 2511 COMMENCEMENT Ig SE COR "WILSON RIDGE" ,N W SW COLE is--; _ LANE POINT OF BEGINNING , DOC. NO. S89'54'O0"E 216.x' M t,.` 96108423 W S • \ TRACT 'C' OF o 970269 2 - ``' "WILSON RIDGE" 10 AREA=36,034 SF± 8 \ a 8 SW 132ND_ N TERRACE ```— S89'54 00"E N89'54'001 298.80' C ------...,,_ 129.00' C31 BIW 91001003 9 W LEGEND 1 a /7t,, CITY OF TIGARD CITY UMITS UNE 12/2/2020 PREPARED FOR 1"=100 FEET REGISTERED 1 SHAWN AND JORINE RIETMAN DFURVEY1471RA24UE riallilaili LA PROFESSIONAL TIGA O 97224 100 0 20 50 100 JIa ANNEXATION MAP EXHIBIT B (,. OREGON JANUARY 9, 2007 AKS ENGINEERING & FORESTRY, LLC An ORM,: WCB NICK WHITE 12965 SW HERMAN RD, STE 100 CHKD NSW 70652LS TUALATIN, OR 97062 AKS JOB: RENEWS: 6/30/22 503.563.6151 WWW.AKS-ENG.COM 8439 DNC;.8439 20201202 EX IDM EXHIBIT C Hearing Date:Tanuary 5.2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS =N/A SECTION I. APPLICATION SUMMARY FILE NAME: RIETMAN ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2020-00002 APPLICANTS: Shawn C. and B.Jorine Rietman 14715 SW 133's Avenue Tigard,OR 97224 OWNERS: Same as applicants PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 133rd Avenue (WCTM 2S109AC,Tax Lot 600) into the City of Tigard,in order to connect to city sewer. LOCATION: 14715 SW 133rd Avenue WCTM 2S109AC,Tax Lot 600 COUNTY ZONE: R-6:Residential 6 units per acre CITY ZONE: R-7:Medium-Density Residential APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720;Comprehensive Plan Goals 1,11,12,and 14;Metro CRITERIA: Code Chapter 3.09;and Oregon Revised Statutes (ORS)Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2020-00002)meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1,Policy 4;Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00002 to City Council. RIETMAN ANNEXATION PAGE 1 OF 11 ZCA2020-00002 SECTION III. BACKGROUND INFORMATION The subject property(14715 SW 133` Avenue;WCTM 2S109AC,Tax Lot 600) is located on the west side of SW 133' Avenue,north of SW Beef Bend Road, and south of SW Bull Mountain Road. The adjacent properties to the north and west are under the jurisdiction of the City of Tigard,and the adjacent properties to the south and east are part of unincorporated Washington County.The property is currently developed with an existing single detached house with an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts,the subject property is zoned R-6(Residential 6 units per acre),and upon approval of this proposed annexation,the property will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant requests to annex into the City of Tigard in order to connect to city sewer. On December 7, 2020,Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00002). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan.Goal 1.1;Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2(Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chanter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030.City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission(scheduled for December 7,2020),and one before City Council(scheduled for January 5,2021). City staff followed public noticing requirements,in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Charter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexation applications are processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. RIETMAN ANNEXATION PAGE 2 OF 11 ZCA2020-00002 ani This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09;and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09.The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to,and do not supersede,applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change.The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection(B)shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change;and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision;therefore, these notice requirements apply. City staff determined this application was complete on November 5, 2020, and notified the applicant on November 5, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for December 7, 2020) and before City Council (scheduled for January 5, 2021). City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. 3.09.045 Expedited Decisions RIETMAN ANNEXATION PAGE 3 OF 11 ZCA2020-00002 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process, the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County,Metro, and the service districts for water, sewer,public safety,parks,and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area.As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation area, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)between the affected entity and a necessary party; ORS 195.020(2)speaks to cooperative agreements between counties or Metro with each special district that provides an urban 'service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services.SW 133` Avenue will be annexed into the City of Tigard to the centerline of the right-of-way.The City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water services to the site,Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site,and Tigard-Tualatin School District(1"i'SD)will continue to be the assigned school district for the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991,and updated in 2019,in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11:Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; RIETMAN ANNEXATION PAGE 4 OF 11 ZCA2020-00002 Arommoreminormi This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan.The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan;and There is no applicable concept plan associated with this proposal.Therefore,this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services;and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer.As addressed under Comprehensive Plan,Goal 11:Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site, and have sufficient capacity to provide service.Upon approval of this proposed annexation,the City of Tigard will provide sewer and stormwater services to the site,instead of Clean Water Services.SW 133" Avenue will be annexed into the City of Tigard to the centerline of the right-of-way. The City of Tigard Police Department will provide public safety services,instead of the Washington County Sheriffs Office. City of Tigard will continue to provide water services to the site,TVF&R will continue to provide fire protection and emergency medical services to the site,and TTSD will continue to be the assigned school district for the site. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB.Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was posted on the City of Tigard website and made available to the public more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party;and It1ETMAN ANNEXATION PAGE 5 OF 11 ZCA2020-00002 The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriffs Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on January 5, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No.ZCA2020-00002,the effective date of this annexation will be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and(E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the City's best interest B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation.The assignment of these designations occurs automatically and concurrently with the annexation.In the case of land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29,2001,Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. RIETMAN ANNEXATION PAGE 6 OF 11 ZCA2020-00002 CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land UseCid,of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units pet acre R-7 Medium-density residential CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations. As outlined in the table above,the assignment of city designations for the subject property will be based on these conversions,and will occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 6 units per acre). Upon approval of this proposed annexation,the subject site will be R-7(Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens,affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation.City staff posted public hearing notices in four public places on November 16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16,2020,November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning Commission.City staff also posted the public hearing information on the City of Tigard website,and the staff report was also posted on this website more than'15 days prior to the public hearing before Planning Commission. Goal 11:Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management,Community Facilities,and Private Utilities. In addition,the Comprehensive Plan's Glossary includes public safety,parks, and transportation under Public Facilities and Services.As detailed in the findings below,staff finds that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department.The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property,in SW 133`d Avenue.Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Water—City of Tigard Public Works Department. The subject property is located in the Tigard Water Service area,and is currently served by an existing eight-inch water main in SW 133rd Avenue.Accordingly, city water facilities have adequate capacity to continue serving the subject property. RIETMAN ANNEXATION PAGE 7 OF 11 ZCA2020-00002 Sewer— City of Tigard Public Wotks Department.The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services."City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133rd Avenue.City sewer facilities have adequate capacity to serve the subject site. Police—City of Tigard Police Department.The Washington County Sheriffs Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriffs Patrol District,and the City of Tigard Police Department will provide public safety services to the site. Fire—Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex one property, totaling 0.75 acres in size,into the City of Tigard.Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division.The subject property fronts on SW 133'Avenue,which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic,or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city maps show there is an existing 12-inch stormwater main located adjacent to the property, in SW 133`d Avenue. Accordingly,city stormwater facilities have adequate capacity to serve the subject site. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. This is consistent with the policy outlined above.City of Tigard sewer infrastructure is available by an existing eight- inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133'Avenue. City sewer facilities have adequate capacity to serve the subject site. Goal 12:To provide and encourage a safe,convenient, and economic transportation system. The subject property fronts on SW 133"Avenue,which will be annexed to into the City of Tigard to the centerline of the tight-of-way. Accordingly, the subject property will be withdrawn from the Washington County Urban Road Maintenance District. The subject property is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. RIETMAN ANNEXATION PAGE 8 OF 11 ZCA2020-00002 Goal 14.2,Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan,Goal 11:Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation area, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services;and As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation area,and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report,staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (14715 SW 133'Avenue;WCTM 2S109AC,Tax Lot 600) is bordered to the north and west by the City of Tigard,and is bordered to the south and east by unincorporated Washington County. Because the subject site is surrounded on two sides by the City of Tigard,this annexation will not create an "island"of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request.This annexation will enable public services to be efficiently and effectively extended to the subject property. There is no concept plan or sub-area master plan that has been approved by the Planning Commission or City Council that is applicable to this property. OREGON REVISED STATUTES ORS Chapter 222--City Boundary Changes;Mergers;Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city,on its own motion,or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 RIFT MAN ANNEXATION PAGE 9 OF 11 ZCA2020-00002 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter,the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The owners of the subject property(14715 SW 133'Avenue;WCTM 2S109AC,Tax Lot 600) submitted an annexation petition to the City on October 28, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection.Therefore, an election is not required for this annexation application. However,the City is required to follow the public heating and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for December 7,2020) and before City Council(scheduled for January 5,2021).City staff posted public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center, Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on November 9, 2020; and the City published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and November 30, 2020) prior to the December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. SECTION V. OTHER STAFF AND AGENCY COMMENTS Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on November 9,2020.As of December 15,2020,no public comments were received. RIETMAN ANNEXATION PAGE 10 OF 11 ZCA2020-00002 Attachments: Attachment 1:Zoning Map SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12,and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. December 15.2020 PREPARED BY: Lina Smith Assistant Planner 0277,-/ - December1 _ 5. 2020 APPROVED BY: Torn McGuire Assistant Community Development Director RIETMAN ANNEXATION PAGE 11 OF 11 ZCA2020-00002 Attachment 1: J•• City oi Tigard, Oregon Gener?lizcd Zoning C=:c Tories Subject Site Zoning Classifications 7l R-1 Residential Low-Density r1 R-2 Residential Low-Density ri R-3.5 Residential Low-Density R-4.5 Residential Low-Density Ti R-7 Residential Medium-Density • • •;R-12 Residential Medium-Density ' I R-25 Residential Medium-High-Density R-40 Residential High-Density 4 MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 MU-CBD Mixed Use Central Bus Dist C-C Community Commercial C-G General Commercial .�--- —'" I C-N Neighborhood Commercial C-P Professional Commercial MUC Mixed Use Commercial MUC-1 Mixed Use Commercial 1 TMU Triangle Mixed Use t: Ln oeu a ee,,..o n•.,m•rome rot,.I ryne • uv.„yin'.Itt •e.• o..e.. ✓ ti ti Scale: 0.04 •Ater - �- COMMUNITY DEVELOPMENT DEPARTMENT ZC City Hal' Tigard' ie am, 13125 so: Hlvd • a Tig^rd, OR 97233 Map Created: (503) P39-4171 T • 11/0GJ2020 ww,•.•.tig�-tl-or.po, ASSAKS ENGINEERING&FORESTRY,LIC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#8439 P:(503)563-6151 I www.aks-eng.com ENGINEERING&FORESMY OFFICES IN: BEND,OR - KEIZER,OR -TUALATIN,OR -VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way, located in the Northeast One-Quarter of Section 9, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Commencing at the most easterly southeasterly corner of the plat"Wilson Ridge" and also being on the west right-of-way line of SW 133rd Avenue (25.00 feet from centerline), said point bears South 89°54'00" East 2.00 feet from the southeast corner of Lot 7 of said plat; thence along the easterly extension of the south line of said plat, South 89°54'00" East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline, South 00°37'00"East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00"West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00" East 129.00 feet from the southeast corner of Tract 'C' of said plat; thence along the westerly line of said deed and said city limits line, North 30°10'10" East 161.76 feet to the northwest corner of said deed;thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet,more or less. Bearings for this description are based on Survey Number 16,834, Washington County Survey Records. 12/2/2020 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 9. 2007 NICK WHITE 706524 RENEWS: 6/30/22 EXHIBIT B A TRACT OF LAND AND A PORTION OF RIGHT-OF-WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON Ie& \\<<\ X__jTh- RDGE* 410A1/\*WILSOrq/ N LOT 7 S89'54'O0"E 25.00' 17'044 4r) S89'54'00"E 2.00'7 1 POINT OF 251 COMMENCEMENT o SE COR "WILSON RIDGE" 1 I N \ rSWNCOLE LANE N POINT OF BEGINNING I DOC. N0. •- S8954'00"E 216.00' I 96108423 iO i\ -7111111"1.16-1.11-111.11111 TRACT 'C' OF ,,o�" W E" ,' 97026952 0 "WILSON RIDGE" AREA=36,034 SF± i! o $ SW 1321%-11--) NTERRACE S89'54'00"E N89'54'001298.80' . I 129.00' G W DOC. NO. CC col I-' 91001003 r Ill LEGEND :I a s ® CITY OF TIGARD CITY LIMITS UNE I 12/2/2020 PREPARED FOR SCALE: 1”=100 FEET N REGISTERED 1 SHAWN AND JORINE RIETMAN PROFESSIONAL 14715 SW 133RD AVENUE LAND SURVEYOR 11GARD, OR 97224 11111 100 0 20 50 100 Aililti.t) ANNEXATION MAP EXHIBIT 1/7 B OREGON JANUARY 9, 2007 AKS ENGINEERING & FORESTRY, LLC DRWN: WCB NICK WHITE 12965 SW HERMAN RD, STE 100 AK CHKD: NSW 7O652LS TUALATIN, OR 97062 AKS JOB: RENEWS. 6/30/22 503.563.6151 WWW.AKS-ENG.COM 8439 DWG:8439 20201202 EXB I EX81 a AFFIDAVIT OF MAILING II in T I GARD I, Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County, Oregon and that I served the following: ;Check Appropriate Box(s)Below ® Request for Comments and Notice of Public Hearing FOR: Rietman Annexation (ZCA2020-00002) ❑ AMENDED NOTICE Decision making body: ❑ City of Tigard Community Development Director/ Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof,November 6.2020 and deposited in the United States Mail on November 6.2020 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the ,20 day of (72nfiGir .2021. OFFh)AL STAMP ��i "l`` EDGARDO MALDONADO / , � ) NG CARP PURLit, OREGON y `' X)MMISSION NO :)9141/ 'M COMMISSION EXPIRES 0,',TORER 01 ?02.3 i �� , NOTARY PU IC OF OREGON My Commission Expires: 40/0/h02 3 EXHIBIT , - TIGARD REQUEST FOR COMMENTS DATE: November 6,2020 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith.Assistant Planner Phone: (503) 718-2438 Email: LinaCSna tigard-or.gov ZCA2020-00002 - RIETMAN ANNEXATION - REQUEST: The property owners request to annex a 0.75-acre property located at 14715 SW 133`d Avenue (WCTM 2S109AC,Tax Lot 600) into the City of Tigard,in order to connect to city sewer. LOCATION: 14715 SW 133`d Avenue (WCTM 2S109AC, Tax Lot 600). COUNTY ZONE: R-6: Residential 6 units per acre. CITY ZONE: R-7: Medium- Density Residential.APPLICABLE REVIEW CRITERIA:Tigard Community Development Code Chapters 18.710 and 18.720;Tigard Comprehensive Plan Goals 1,11,12,and 14;Metro Code Chapter 3.09;and Oregon Revised Statutes Chapter 222. Attached are the Applicant's Materials for your review. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY:NOVEMBER 23.2020. You may use the space provided below or attach a separate letter to return your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if you have any questions. I PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact at our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: Notice of Land Use Public Hearing Quasi-Judicial Annexation TIGARD Rietman Annexation (ZCA2020-00002) November 9,2020 Dear Neighbor, You are receiving this notice because an annexation is proposed in your neighborhood,which requires public hearings before Tigard Planning Commission and Tigard City Council. In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16,the public hearing on this application before Planning Commission will be held virtually, and it is possible that the City Council hearing may be as well. You are invited to attend the public hearings. If you wish to provide comments at a virtual public hearing,the City will provide a call-in number to receive oral testimony during the hearing.Additional information and call-in procedures will be provided on the meeting agenda. You may also submit written comments, as provided below. If you have any questions, or would like more information on this application,please contact the staff person listed below. Project Name and Rietman Annexation (ZCA2020-00002) Case Number: Location: 14715 SW 133rd Avenue;WCTM 2S109AC,Tax Lot 600 Request: The property owners request to annex a 0.75-acre property located at 14715 SW 133`d Avenue (\VCTM 2S109AC, Tax Lot 600) into the City of Tigard,in order to connect to city sewer. Planning Commission 7 PM on Monday,December 7, 2020 Public Hearing: City Council 7:30 PM on Tuesday,January 5,2021 Public Hearing: Attend the Virtual Hearings: www.tigard-or.gov/city_hall/public_hearings.php Submit Written Comments: E-mail: LinaCS@tigard-or.gov Comment Deadline: 4:30 P.M. on the day of each hearing Comments must be directed toward the applicable approval criteria (listed on the next page) City of Tigard,Community Development Department • 13125 SW Hall Boulevard,Tigard, Oregon 97223 Page 1 of 3 Staff Person: Lina Smith,Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718-2438 LinaCS@tigard-or.gov Applicants: Shawn C. and B.Jorine Rietman 14715 SW 133rd Avenue Tigard, OR 97224 Property Owners: Same as applicants Zone: Upon annexation, the subject property will be zoned R-7: Medium-Density Residential Applicable Approval Tigard Community Development Code Chapters 18.710 and Criteria: 18.720; Tigard Comprehensive Plan Goals 1, 11, 12, and 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222 Additional Information Copies of the materials and evidence considered by the City are part of the public record and available for review. If you would like to review these materials at no cost,please contact the staff person listed above.Additionally,at least 15 days prior to the Planning Commission public hearing, the staff report will be available online, at no cost:www.tigard-or.gov/city_hall/public_hearings.php. Hard copies of the materials, evidence, and staff report are available at a reasonable cost. Please contact the staff person listed above for more information. Public Hearing Information The Community Development Director will prepare a staff report and recommendation on this application to the Planning Commission. Planning Commission will then make a recommendation on this application to City Council. After considering all the evidence, including the Planning Commission's recommendation, applicant's materials, applicable approval criteria, and all written comments, City Council will either approve the application, approve the application with conditions, or deny the application. The decision will be mailed to the applicant, and anyone who submitted testimony. The public hearings on this application will be conducted in accordance with Tigard Community Development Code Section 18.710.100, and any rules of procedure adopted by the Tigard City Council. At the hearings, Planning Commission and City Council will receive a staff report presentation from city staff, open the hearing, and invite oral and written testimony. Planning Commission and City Council may continue the public hearings in order to obtain more information, or may close the public hearings and take action on the application. Any participant may request a continuance of the hearing to present additional evidence or testimony.If a continuance is not granted, any participant may request that the record be left open for at least seven days after the hearing. City of Tigard, Community Development Department • 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 2 of 3 Appeal Information Failure to raise an issue, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue may preclude an appeal to the Land Use Board of Appeals on that issue. The decision may be appealed to the Land Use Board of Appeals, as provided in ORS 197.830. Notice to Mortgagee, Lienholder,Vendor,or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Attachment: Zoning Map • City of Tigard,Community Development Department • 13125 SW Hall Boulevard,Tigard, Oregon 97223 Page 3 of 3 Zoning Map a City of Tigard, Oregon r• z Generalized Zoning Categories 1-7 Subject Site z • Zoning Classifications R-7 O R-1 Residential Low-Density 0 R-2 Residential Low-Density R-3.5 Residential Low-Density O R-4.5 Residential Low-Density O R-7 Residential Medium-Density O R-12 Residential Medium-Density O R-25 Residential Medium-High-Density R-40 Residential High-Density O MUR-1 Mixed Use Residential 1 •MUR-2 Mixed Use Residential 2 •MU-CBD Mixed Use Central Bus Dist ■C-C Community Commercial •C-G General Commercial C-N Neighborhood Commercial ■C-P Professional Commercial 1//////1M ■MUC Mixed Use Commercial •MUC-1 Mixed Use Commercial 1 ■TMU Triangle Mixed Use 8 te�r Ln Data is derived from multiple sources. -.- ----`—_�__ rnor a�thereraaasci .cy,r uhmea asnoor s.The eircrernyrof rs Tigard or thedata provided hereon The City of Tigard sora 0 oLM1eny ro any r e t m .one o. nroemauon wo.�aee.aga.aieaa or cansre. y� .- t': ° .�. • • - i Z Scale: 0.04 Miles ,14): 0 rj I� 40; ` Z COMMUNITY DEVELOPMENT DEPARTMENT ' City of Tigard 13125 SW Hall Blvd � Tigard, OR 97223 "'kW Map Created: (503) 639-4171 1 I c +,1'.n 11/06/2020 www.tigard-or.gov Case#: Si City of Tigard p. CCO�(MMUNITYTDEVELOPTMTENT DEPARTMENT TIG.ARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADL) O Modification: Li Type I O Type II ❑ Adjustment ❑ Planned Development: Annexation i Consolidated Plan O Comprehensive Plan Map Amendment LI Concept Plan ❑ Conditional Use i. I Detailed Plan O Downtown Development Review: ❑ Sensitive Lands Review: OType I OType II O Type I O Type II OType III O Adjustment O Site Development Review: O Type I O Type II ❑ Home Occupation-Type II O Subdivision O Land Partition O Temporary Use Permit O Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan: O Marijuana Facility Permit O Modification O Discretionary Review O Miscellaneous: ❑ Zoning Map Amendment OType II OType III PROJECT INFORMATIION Project name: 1 Q.- eY\ D 4 An/1t,Cc-Tr O✓1 Brief description of project: Re k e vt A Al"6. A✓1ne V- ;41. �+ e 1 .1.-i7 Gid( i rt 0 r - co>,,•‘.e r + -1-b G,TSL Sc.wt r SITE INFORMATION Location (address if available): i -f 1 i T 3 i..) 13 3rP4 Ave_ , T i wo,r 4, OR._ qL 7 Z Z'/ Tax map and tax lot number(s): ZS I(5914L U 0 (p0 0 Site size: ..�c Zone: V. -(e. APPLICANT INFORMATION Name: S .W& + Jori AC V.+ Q,#Yvvke Mailing address: l41‘S cid [ 3 3 ri 4 v a... City/State: TI a G rA; 6 e---Zip: 9 71Z'/ Phone: 4173 - iyR-ia3) Email: 3. rie.,+ 0-•-heNp torr.Lt.S1 , . Applicant's representative: Phone: Email: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • w"wrigard-or.gov • 503-718-2421 • Page 1 of 2 A PROPERTY OWNER INFORMATION ''Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: I-:mail: SUBMITTAL REQUIREMENTS In addition to this application form, you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or ti ardplanncronduty-( ':tigard-or.ttov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the'Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. >✓' nriitQ.__ 11 IJ G - Lb(2-7/ Z0 Appli <nt's signature* Print name Date !sem Property owner's signature* Print name Date cc/ 10/,p7 J7 Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF t'SE ONL1 Case No.: Application fee: Received by: Date: Related Case(s): Determined complete by: Date: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 • • STEWART TITLE AFTER RECORDING RETURN TO: SHAWN C. RIETMAN IETMA The within instrument,document and/or paper B. JORINE RIETMAN 14715 SW 133RD AVE. has been read and is hereby approved in its TIGARD, OR 97224 entirety by the undersigned. ,/. UNTIL FURTHER NOTICE, ALL FUTURE 4` . TAX STATEMENTS SHALL BE SENT TO: i SHAWN C. RIETMAN / ( B. JORINE RIETMAN 14715 SW 133RD AVE. V j TIGARD, OR 97224 TAX ACCOUNT NO.: 2S19A02102 f STATUTORY WARRANTY DEED DANA W. HISEROTE AND VIRGINIA H. HISEROTE, AS TENANTS IN COMMON, Grantor, conveys and warrants to SHAWN C. RIETMAN AND B. JORINE RIETMAN, HUSBAND AND WIFE, Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in WASHINGTON County, Oregon, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. The said property is free from encumbrances EXCEPT: PREMISES ARE WITHIN THE BOUNDARIES OF AND SUBJECT TO THE STATUTORY POWERS AND POWER OF ASSESSMENT OF THE UNIFIED SEWERAGE AGENCY; RIGHTS OF THE -PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PREMISES LYING WITHIN THE BOUNDARIES OF S.W. 133RD AVENUE; - EASEMENT FOR ELECTRIC POWER LINES AND APPURTENANCES RECORDED 8/26/77 IN BOOK 1194 PAGE 913. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $235,000.00. Dated this day of March, 1997. DANA W. HISEROTE VIRGINIA H. HISEROTE STATE OF OREGON COUNTY OF CLACKAMAS On , 199 , personally appeared the above named DANA W. HISEROTE AND VIRGINIA H. HISEROTE and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for STATE OF OREGON My commission expires ' c Legal Description: Situated in the Northeast quarter of Section 9,Township 2 South,Range 1 West,Willamette Meridian.in the County of Washington and State of Oregon,described as follows: Being a portion of that tract conveyed to Bill Hummel by Cyril Wilson,recorded May 5,1977,In Book 1163, page 518,beginning at the Southeast corner thereof,an iron rod found with cap set,which according to deeds is South p•35' East,1238.5 feet,South 61°29'East 11.45 feet,South 0°38'East 769.4 fast and South 89.54' East 402.8 feet from the quarter corner on the North line of said Section 9, and twWng thence North 0°3T West,on the East line of said Hummel Tract,also being the West right-of-way One of Southwest 133rd Avenue,140.0 feet to an Iron rod with cap set;thence North 89°54'West, 191 feet to an iron rod with cap set;thence South 30°10'10"West, 161.76 feet to an iron rod with cap set on the South line of said Hummel Tract;thence South 89°54'East,on said South line,273.8 feet to the paid of beginning. • II Loan No. 6012363 Inv.No. Instrument Prepared by: CAROL ECKERSLEY Record&Return to Guaranty Bally S.S.B. P.O.Box 23929 Attn:Doc Audit Department Milwaukee,WI 53223-0929 (Space Above This Line For Recording Data) • DEED OF TRUST THIS DEED AUC RIETMAN DANT B.JORINE made oETMAN,HUSBAND AND WIFE MARCH 21.1997 The grantor is REGIONAL TRUSTEE SERVICES CORPORATION "Bo tee")The The trustee is SHELTER MORTGAGE COMPANY,LLC. {'irh i Trustee").y. izda beneficiary iary which is organized and existing under the laws of THE STATE OF DELAWARE ,and whose address is ..a...ria eun.a n....u,..t., ta.sonsu,.•nc..v,.at ('lender). Borrower owes Lender the principal sum of One Hundred Eighty Eight Thousand and 00/100 Dollars(U.S.$ I8(41*LAO m This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note',which provides for monthly payments,with the full debt,if not paid earlier,due and payable on APRIL I.2004 This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note;(b)the payment of ell other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower Irrevocably grants end conveys to the Trustee,in trust,with power of sale,.the following described property located in WASHINGTON Couny,Oregon: PLEASE SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. Tax Key No: 2S19A-02102 which has the address of 14715 SW 133RD AVENUE TIGARD 15ireet) (City) Oregon '94- ("Property Address"); )zip Code) TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to In this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property Is unencumbered,except for enctxrtrances of record. Borrower warrants and will defend generally the title to the Property against all dalrns and demands,subject to any encumbrances of record. THE SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisuclion constitute a uniform security instrument covering real properly. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and fate charges due under the Note. 2.Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments we due under the Note,until the Note is paid in full,a sum("Funds")for:(a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property;(b)yearly leasehold payments or ground rents on the Property,it any;(c)yearly hazard or property Insurance premiums;(d)yearly flood insurance premiums,If any;(a)yearly mortgage insurance prerniumS, if any;and(f)any sums payable by Borrower to Lender,in accordance with the provisions of paragraph 0,in lieu of the payment of mortgage insurance premiums. These items are called"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time,12 U.S.C. Section 2001("RESPA"),unless another law that applies to the Funds sats a lesser amount. If so.Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. OREGON -Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3038 9/90 S009001(9/96) Amended 5/91 (pane 1 of 41,141111 Loan No. 6012363 The Funds shall be held In an institution whose depositsi are insured by a federal agency,instrumentality,or entity(incluring Lender, if Lender is such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. However,Lender may require Borrower to pay a one-time charge for an independent real estate lax reporting service used by Lender in connection with this loan,unless appicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree In writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds,showing credits and debits to the Funds and the purpose,for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. • If the Funds held by Lender exceed the amounts pemitted to be held by applicable law,Lender shall account to,Bamwer for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and,In such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Leader's sole discretion. Leader's • Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Nods held by Lender. If,under paragraph 21,Lender shall acquire or sell the Property,Lender,prior to the acquisition or sale of the Pro .shall apply any Funds held by Lender at the time of acquisition or sale as a credit aginst the sums secured by this Security Instrument. 3.Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied;first,to any prepayment charges due under the Note;second,to amounts payable under paragraph 2;nerd,to interest due;fourth,to principal due;and last.to any late charges due under the Note. 4..Charges;Liens. Borrower-shall pay idf taxes,assessments,charges,fines and impositions attributable to the;'Pmperty which may attain priority over this Security instrument,and leasehold payments or ground rents,if any. Borrower shall pay these Obligations In the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the persorfowed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these ayments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees ii writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the ken;or(c)secures from the holder-bf,the;yeq Sit agreernent.satafacmry'to Lender subordinating the lien to this Security Instrument. If Lender detemsas that any part of the Property is subject to a lien which-may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one-or more of the actions set forth above within 10 days of the giving of notice. 5.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by foe, hazards included within the term"extended coverage"and any other hazards,Including floods or flooding,for which Lender requires insurance. This insurance shall be maintained In the amounts and for the periods that Lender requires. The insurance car- rier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in ac- cordance with paragraph 7. • All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. `Unless Lender and Borrower otherwLse agree in writing,Insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair Is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shell be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument irranediateiy prior to the acquisition. 8. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application;Leaseholds.Borrower shall occupy,establish,and use the Properly as Borrower's principal residence within sixty days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which re beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default If any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Properly or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default it Borrower, during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. - - 7.Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may signifIcantly affect Lender's rights In the Properly(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights In the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date o1 disbursement at the Note rate and shall be payable,with Interest,upon notice from Lender to Borrower requesting payment. 8.Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage in- surance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage sub- stantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,it mortgage In- surance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes avail- able and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemna- tion or other taking of any part of the Property,or tor conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. 5000001 Form 3038 9/90 (pee 201 4 papa) Loan No. 6012363 In the event of a total taking of the Property,the proceeps shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess pod to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater then the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender of eiwtse agree in writing,the sums secured by this Security Instrument shall be!educed by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before 6!e taking, divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Properly in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the dale the notice is given,Lender bauthorized to col- lect and apply the proceeds,at its option,either to restoration or repair of the Properly or to the sums secured by this Sebunty Instrument whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amor- tization of the sums secured by this Security Instrument granted by Lender to any successor in Interest of Borrower shag!pt operate to release the liability of the original Borrower or Borrower's successors In interest. Lender shall not be required to comms proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured be this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors In interest. Any forbearance by Lender In ex- ercising any right or remedy shall not be a wahrer of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and agreements Of as Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of paragraph,17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not eyearde the Note: (a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Sean*Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security/instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loaf,charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction wit be treated as a partial prepayment without any prepayment charge under the Note. 14:Notices. Any notice to Borrower-provided for in this Security Instrument shall be given by delivering it or by riming it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15.Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lende's prior written consent,Lender may,at its option,require immediate payment In lull of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 16.Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument or(b)entry of a judgment en- forcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expen- ses incurred in enforcing this Security Instrument including,but not limited to,reasonable attorneys'fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shell continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not appy in the case of acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20.Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Properly that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has ac- tual knowledge. If Borrower learns,or Is ratified by any governmental or regulatory authority,that any removal or other ren ediaion of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20, "Environmental Levi'means federal laws and laws of the jurisdiction where the Property Is located that relate to health,safety or environmen- tal protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify:(a)the default;(b)the action required to cure the default;(C)a date,not less than 30 days from the date te notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified In the notice,Lender at its option may require immediate payment In full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be en- titled to collect all expenses Incurred In pursuing the remedies provided In this paragraph 21, Including, but not limited to, reasonable attorneys'fees and coats of title evidence. Form 3038 9190 (page]of 4 pages) 8000001 Loan No. 6012363 _ H Lender Invokes the power of sale,Lender shall ex or cause Trustee to execute a written notice of the occurrence of an event of default and of Larder's election to cause the Prato be sold and shall cause such notice to be recorded In each county in which any part of the Property I.located. Lender or Trustee shall give notice of sale In the manner prescribed by applicable law to Borrower and to other persons prescribed by applicable law. After the time required by applicable law,Trustee,wiliest demand on Borrower, shill sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale in one or more parcels and M any order Trustee determines. Trustee may postpone sale of all or amparvel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, pressed or Implied. The recitals In the Trustee's deed shag be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order:(a)to all expenses of the sale,Including,but not limiters to, reasonable Trustee's and attorneys'fees;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legal- ly entitled to IL 22.Reconveyance. Upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to aeoonvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trusyera Trustee shall reconvey the Property without warranty to the person or persons legally entitled to It Such person or persons shall pay art recordation costs. Lender may charge such person or persons a fee for reconveying the Property,but only If the tee is paid to a third parif(such as the Trustee)for services rendered and the charging of the fee is permitted under applicable law. 23.Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Tru;,tee appointed hereunder. Without conveyance of the Property,the successor trustee shall succeed to all the title,power,and duties confere d upon Trustee herein and by applicable law. / 24.Attorneys'Fees.As used in this Security Instrument and in the Note,"attorneys'fees"shall include any attorneys'tees awarded by appellate court f / 25.Riders to this Security Instrument If one or more riders are executed by Borrower and recorded togethgt with this Security Instrument,the covenants and agreements of each such rider shall be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security instrument. [Check applicable box(es)] 0 Adjustable Rate Rider 0 Condominium Rider 0 1-4 Family Rider ❑ Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider ® Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider ❑ Other(s)[specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in'this Security Instrument and in any riders)executed by Borrower and recorded with it. Witnesses: ^/y_) _. .""' (Seal) SHAWN C.RIETMAN -Borrower 7-c4rtA,s..t (Seal) B.JORINE RI -Borrower 'seal) -Borrower (Seal) -Borrower [Space Below This Line For Acknowledgement] STATE OF OREGON, CLACKAMAS County as: On this-2681-7-.50.) day of MARCH,1987 ,personally appeared the above named SHAWN C.RIETMAN AND B.JORINE RIETMAN,HUSBAND AND WIFE /�y and acknowledged -Iti the foregoing instrument to be Ale/I/their voluntary act and deed. Before me: 7 COMMISSIONseCNO 1p6N COMMISSION E1 M 10 2003'/ Notary PubkicforOregon T1, do kale I REQUEST FOR RECONVEYANCE The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indeb- tedness secured by this Deed of Trust,have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: 5000001 (paps•of s pages) Form 3038 9/90 • Legal Description: • Situated in the Northeast quarter of Section 9,Township 2 South,Range 1 West,Willamette Meridian, in the County of Washington and State of Oregon,described as follows: Being a portion of that tract conveyed to Bill Hummel by Cyril Wilson,recorded May 5,1977,in Book 1163, page 518, beginning at the Southeast corner thereof, an iron rod found with cap set,which accord'ng to deeds is South 0°35' East, 1238.5 feet,South 61°29' East 11.45 feet,South 0°38' East 769.4 feet and South 89°54' East 402.8 feet from the quarter corner on the North line of said Section 9, and running thence North 0°37'West,on the East line of said Hummel Tract,also being the West right-of-way ine of Southwest 133rd Avenue,140.0 feet to an iron rod with cap set;thence North 89°54'West, 191 feet to an iron rod with cap set;thence South 30°10'10"West, 161.76 feet to an iron,rod with cap set on the South line of said Hummel Tract;thence South 89°54'East,on said South line, 273.8 feet to the point of beginning. AK3AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#8439 P:(503)563-6151 I www.aks-eng.com ENGt4 P"F°I1ESTRY OFFICES IN: BEND,OR - KEIZER,OR - TUALATIN,OR -VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way, located in the Northeast One-Quarter of Section 9, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Commencing at the southeasterly corner of the plat "Wilson Ridge" and also being on the west right-of-way line of SW 133rd Avenue (25.00 feet from centerline), said point bears South 89°54'00" East 2.00 feet from the southeast corner of Lot 7 of said plat; thence along the easterly extension of the south line of said plat, South 89°54'00" East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline, South 00°37'00" East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00" West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00" East 129.00 feet from the southeast corner of Tract 'C' of said plat; thence along the westerly line of said deed and said city limits line, North 30°10'10- East 161.76 feet to the northwest corner of said deed; thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet, more or less. Bearings for this description are based on Survey Number 16,834, Washington County Survey Records. 10/27/2020 REGISTERED PROFESSIONAL LAND SURVEYOR 041;4444,..... ON .JANOREG UARY 9, 2107 NICK WHITE 706521.5 RENEWS: 6/30/12 EXHIBIT B A TRACT OF LAND AND A PORTION OF RIGHT-OF-WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON ,WILSON R� , ��/ 4.Tq/N, LOT 7 ir S39'54'001 25.0' 904g0 S89.54'0011E 2.00'.7 \i POINT OF25'1 COMMENCEMENT 17=' SE COR "WILSON RIDGE' 1 N \t c, _ -Z W _ SW N CO .._ t _ LANE Iv' POINT OF BEGINNING DOC. NO. - S89.54'00"E 216.00' 96108423 ko DOC. NO. TRACT 'C' OF ,,o�` 97026952 0 WILSON RIDGE" o AREA=36,034 SF± c SW 132ND_ ,,N TERRACE 0 S89.54' 'E N89.54'00''W 298.80' 129.00' p l W 91 010 3 co CC Z r W LEGEND 1 a IMME ME ME CITY OF TIGARD CITY LIMITS LINE I 10/27/2020 PREPARED FOR SHAWN AND JORINE RIETMAN SCALE: 1"=100 FEET N PROFESSIONAL 14715 SW 133RD AVENUE 1.11.IIMeil LAND SURVEYOR TIGARD, OR 97224 100 0 20 50 100 EXHIBIT (q,4dCtk4i ANNEXATION MAP B OREGON AKS ENGINEERING & FORESTRY, LLC DRWN: WCB JANUARY 9, 2007 NICK WHITE 12965 SW HERMAN RD, STE 100AS( CHKD: NSW 70652LS TUALATIN, OR 97062 AKS JOB: RENEWS; 6/30/22 503.563.6151 WWW.AKS-ENG.COM 8439 DWG:8439 20201027 EXB 1 EXB1 THIS SECTION IS TO BE COMPLETED BY WASHINGFON COUNTY ASSESSOR'S OFFICE CERTIFICATION OF PROPERTY OWNERSHIP (Double MajorityMethod) I hereby certify that the attached petition for annexation of the territory described therein to the City of Tigard contains the names of the owners'of a majority of the land area of the territory to be annexed,as shown on the last available complete assessment role. NAME: TITLE: G-tS DEPARTMENT: CseARG-t2API COUNTY OF: lArAr 14-14'":""G‘i T DATE: * indicates that"Owner"imams the owner of the tide to real property or the contract purchuer of veal propen7. TI-US SECTION IS TO BE COMPLETED BY WASFIINGTON COUNTY ELECTIONS OFFICE CERTIFICATION OF REGISTERED VOTERS I hereby certify that the attached petition for annexation of territory described herein to the City of Tigard contains the names of at least a majority of the electors registered in the territoryto be annexed. DEPARTMENT: . COUNTY OF: DATE: \cutpin motets\revis'eAcertifyunst 15-Aug-02 CITY OF TIGARD CERTIFICATION OF LEGAL DESCRIPTION AND MAP I hereby certify that the description of the property included within the attached petition(located on Assessor's Map_2.5... °GI A-C-_ ) has been checked by me and it is a true and exact description of the property under consideration, and the description corresponds to the attached map indicating the property under consideration. NAME TITLE G—IS t ace+ DEPARTMENT_ CA/Z--G.6-i2APCNI COUNTY OF 1^1ASt+f 1Vfff-' 11/4-1 DATE L 0 /2-W1-0 8 2020 vvASJ•UN,;;iii,i;\ „(Cf's! A 8 i!cuzplit\masters\revisectMegal doc4iption certification.cioe 1S-Aug-02 TO THE COUNCIL OF THE CITY OF TIG ARD,OREGON: We, the undersigned owners) of the property described below and/or elector(s) residing at the referenced locations ,hereby petition for,and ve consent to,Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEG NU: PO-Property Owner RV Registered Voter PAGE OF— OV-Property Owner&Registered Voter . , . . . „ , . .. . .. . . .r ..,. . . .. _ :.. .. .. . . , . .. I 'PROPERTY DESCRIPTION SIGNATURE . .... . ..IAMA I 1 RN I ov ADDRESS Township/ Map 1 Tax Lot Precinct DATE urnbcr .etGon Number Number • S A a w l'i'ar C3'l/ 14 1 1-s"S lAr t 3> t of u I t `-`i ,rs.2i ,c.�O0.'1.'1 4, R.e.. -mc4 -9.1,) C)V t��ic 5t.3 t33A e. I t0/ui y�• is\cur*\Hues\revised\m tear mu 28lan.us L)OUBLL MAI Ot`I1' ! 'O/`KSI II:41 T I:OR AN NV,XA'i'I()N 'f()'I'I 1E CITY C)1: .I`I(;AK I) Phaco tva all T►tol>rtlirs/registrtrii vtlrr►,+ iutrlutlrsl itt tlu. pifII)(Nil, (11 ttt`rslrr!,inks,inreaww' `t}sella Irarttlituirt/:dI lf-,stis3 i 't"PRt WE RT1fS" . Pal VI:H'IT 1)1:s1ONA rlt►N (TAX NAME OF PR()Pit It I'V()WNER 'T'(lf'A1, A'41t ,1I.1) 'VALI JF ( fr:„i41,4 ....41:21.`., _ .__.,.0 &__,A f...a _ ._ _ __;-) (t_t,,P( d,_J�[1-�� c., �� ±� �. /k at—, �! - l '!J { j moi.f ', _.. ♦ -/p9 2 "'REGISTERED VOTERS** I APIDRI.SS OF REGISTI"sltED VOTER NAME OF REGISTERED VOTER f '• 2) I:. . 1E,-;:J -' ('1715 St,) ! 33d -\J L. ,,; iw✓c� ��2ZJ 551,.E 0,1 ' t GI l�t./r,,,,c..+ t 1 • 14 lis- S � /33 r 'l ,ave , , li�4r' .1 ci7'2-Zc/ rG,rI,c.,re. Erret-t. fe i4r"�,� y c 1 t i 1 TOTALS: ! i * SUMMARY** 0.r.opke razettrsoundosisuse 15464,-t7 TOTAL NT ER OF REGISTERED VOTERS IN ThE PROPOSAL: NUMBER OF REGISTERED VOTERS WHO SIGNED PETITIONL__ _._z- PERQ PERCENTAGE OF REGISTERED VOTERS WO SIGNED PETITION: k r)O '1,. I TOTAL ACREAGE IN THE PROPOSAL 'I ACREAGE SIGNED FOR: ' "i I ,_-_ PERCENTAGE OF ACREAGE SIGNED FOR: t 0 17p �' TOTAL NUMBER OF SINGLE-FAMILY UNITS! i TOTAL NUMBER OF MULTI-FAMILY UNITS: 0. ____ _ ___ — R_ TOTAL NR OFOOMMERCTALSTRUCTURES:_ _O __��__ UMBE TOTAL NUMBER OF INDUSTRIALS1RUCI'URBS ( 1 AKS 5 SW HERINn&FORESTRY,0. 12965 SW 3-61 a�Road,Suite 100,Tualatin,OR 97062 AKS Job#8439 4_03 P(509}55s 6151 E www.aks.enp com ENGNEENING A FORmor OFFICES IN:BEND OR-KEIZER,OR-TUALATIN,OR-VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way, located in the Northeast One-Quarter of Section 9, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Commencing at the southeasterly corner of the plat"Wilson Ridge" and also being on the west right-of-way line of SW 133rd Avenue (25.00 feet from centerline), said point bears South 89°54'00"East 2.00 feet from the southeast corner of Lot 7 of said plat;thence along the easterly extension of the south line of said plat, South 89°54'00" East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline,South 00°37'00"East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00" West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00"East 129.00 feet from the southeast corner of Tract 'C' of said plat; thence along the westerly line of said deed and said city limits line,North 30°10'10"East 161.76 feet to the northwest corner of said deed;thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet,more or less. Bearings for this description are based on Survey Number 16,834, Washington County Survey Records. 10/27/2020 IREGISTERED 1 fr,a,!L : : „ K i ?. PROFESSIONAL LAND SURVEYOR U;L1 2 6 2x20 nA4OREGON "ANur.e..2004 NICK WHITE-11 to #!NsTO:V i. iy., o a A e RENEWS: /Z , EXHIBIT B A TRACT OF LAND AND A PORTION OF RIGHT-OF-WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON ,wILs0N> /cGE / 1 �p- le 41. Nrq/��. LOT 7 1 Sig'54'00'E 25.00' -"G S89'54'00'E 2.00'7 1 POINT OF 25'1 COMMENCEMENT I$ SE COR 'WILSON RIDGE' 1 N W SWN COLE s-- LANE, POINT OF BEGINNING-N. 1,5" DOC. NO. S89'54'00'E 216.00' 1 96108423 ' N ;171"111.1-41111"1.9-1.11111 go e DOC. N0. \''TRACT 'C' OF " 97026952 'WILSON RIDGE' iQ AREA=36,034 SF± M _ SW 132ND _aim TERRACE ` S89'5400E N89'54'00'W 29880' p � 129.00' IW 910000�10N003. cob- 74 1 >a LESS N1 — 1.01 ma CITY OF 11GARD CITY UNITS UNE I 10/27/2020 PREPARED FOR /' SHAWN AND JORINE RIETMAN SCALE: 1"=100 FEET PROFESSIONAL 14715 SW 133RD AVENUE PIIIIIIIIMini LAND SURVEYOR TIGARD, OR 97224 100 0 20 50 100 IfilltiANNEXATION MAP EXHIBIT 01.:E02; B JAtNl1r 007 AKS ENGINEERING & FORESTRY, LLC Dom: WCB NK W12965 SW HERMAN RD, STE 100SC ciii NSW 65TUALA11N, OR 97062 Acs JOB: RENEWS: 6 /22 503.563.6151 WWW.AKS—ENG.COMAJ8439 VA 8439 20201OV LAI 11191 .;dr •;? �♦ 'fin ' '9'•_.'2y: r ,'• : W 3 - -ham,. '..,.e"'•3I•"•^e'• , :• ••'t•'•. •'•e.. ,,..88" ‘.".4;••:,, , .ice• (• 2S109AC �' •-.4.-•,.''.4A�..,. ew � rtla • 1Jt sT A \ , :• e ,4 ,' 7 � � a •::-• 8q m 'a••>r,: :t ,.a..•m. ,s Y it i•A • • • • ,Y.. n.: t- Z '-'.7.7T;;;;;1•7.--;'_,. T.,_.r'c_-. 194;,,,,,,:, a?+ .ty 20 t !'. :''...'..' 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' R. l•==* TIGARD - 711:•,3`'. p .aw'a' a. '•11,...-,.:11„,„' 1,. ,,.:.••. . ..;‘,..j,...- ... ,, ¢'..ea.•:4: -!,9:.,-. !--.:F..-,,,1 60',, .'.r_ ' K %:i.C;'• ;u •,':;.• t ul ..::ate to - �."..;.: 1 l..�ae :._o,e. ., €• ? it''. '.4i:.',e 0 4.''d.= oa..o 2SIO9AC CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS: FILE NAME: ZCA2020-00002 RIETMAN ANNEXATION E e i i i PIT -6 Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES CD Administration/Kenny Asher,CD Director CD Administration/Tom McGuire,Asst CD Director 1 CD/Sr.Transportation Planner Dave Roth(electronic copy) CD/SRTS Coordinator Tina Skiles City Administration/Carol Krager,City Recorder Development Services/Planning-Engineering Techs. (except annexations) 1 Development Services/Development Eng.ATTN:Joe Wisniewski(Copy on all Notices of Decision) Development Services/Arborist 1 Building Division/Mark VanDomelen,Building Official 1 Police Department/Stefanie Kouremetis,Community Engagement Program Coordinator (Copy on all Notices of Decision) 1 Public Works/John Goodrich EMAIL Engineering/Oscar Contreras(Addressing-ONLY electronic copy-Full size plan set) Hearings Officer(2 sets) PDF Planning Commission(Electronic copy) City Attorney-Shelby Rihala File/Reference(2 sets) LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* EMAIL City of Durham:cityofdurham@comcast.net City of King City City Manager, 15300 SW 116th Ave,King City OR 97224* EMAIL City of Lake Oswego:Scot Siegel(ssiegel@ci.oswego.or.us) City of Portland,Planning Bureau Director,1900 SW 4th Ave,Suite 4100,Portland OR 97201 City of Tualatin Planning Manager, 18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center(ZCA- Adopted)* 1 Metro-Land Use and Planning: landusenotifications@oregonmetro.gov (CPA/DCA/ZON/ZCA-RFC)* EMAIL ODOT,Rail Division:prescott.e.mann@odot.state.or.us(Notify if ODOT R/R-Hwy Crossing is only access to land). EMAIL ODOT Region 1 Development Review Program* ODOT_Rl_DevRev@odot.state.or.us OR Dept of Energy,Bonneville Power Administration,Attn:Realty Specialist Jim Clark,2715 Tepper Lane NE,Keizer,OR 97303 (powerlines in area) EMAIL OR Dept of Aviation ODA.Planning@odot.state.or.us and Seth.thompson@aviation.state.or.us (monopole towers) OR Dept of Environmental Quality(DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District,18330 NW Sauvie Island Road,Portland OR 97231 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 ONLINE OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37)-See DLCD website for online submittal procedures. ONLINE OR Division of State Lands,Melinda Wood(WLUN Form Required). ONLINE submission. OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overlay) (:\Community Development\Annexations\ZCA2020-00002 Rietman\5_Public Notices\Copy of Request for Comments Notification List Rev.20180212 Page 1 of 2 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS ONLINE US Army Corps of Engineers (Maps and CWS letter only) File size <10MB email to PortlandPermits@usace.army.mil File size >10MB upload to https://safe.amrdec.army.mil/safe/ EMAIL WCCCA 9-1-1 (preliminary plats- subdivisions for street naming/numbering:icrawford@wccca.com Washington County Consolidated Communications Agency(WCCCA) "911",Kelly Dutra, 17911 NW Evergreen Pkwy,Beaverton, OR 97006(monopole towers) 1 Washington County,Dept of Land Use&Trans,Naomi Fogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123-5625 (general apps)'' Washington County,Cartography, 155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA Final Notice ONLY)* 1 Washington County Principal Planner,Community Planning,Dept of Land Use&Trans,Planning and Development Services, 155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124(ZCA)* 1 Washington County,Dept of Land Use&Trans,ATTN:Current Planning, 155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124 (ZCA)* UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics, 16550 SW Merlo Rd,Beaverton OR 97006-5152 1 Century Link,Samantha Ridderbusch,Local Government Affairs Director:Samantha.ridderbusch@centurylink.com 1 Clean Water Services,Development Services Department*: HumphreysJ@CleanWaterServices.org 1 Comcast Cable Corp.,Kevin Arnold, 11308 SW 68th Parkway,Tigard OR 97223 (See map for area contact) 1 Frontier Communications::BeavertonEngineering@ftr.com and Julia.Smith@ftr.com 1 NW Natural,Brian Kelley brian.kelley@nwnatural.com Oregon Health Authority(OHA),Oregon Medical Marijuana Program,PO Box 14450,Portland,OR 97293-0450 Oregon Liquor Control Commission(OLCC),Recreational Marijuana Program,Attn:Amanda Borup,PO Box 22297,Milwaukie, OR 97269-2297 1 Portland General Electric,Steve Hursh,Manager,Design and Project Management:Steve.Hursh@pgn.com Portland&Western Railroad,Inc. (Burlington,Northern/Sante Fe R/R predecessor),Kirk Bedford,General Manager,3220 State Street,Suite 200,Salem,OR 97301 1 Pride Disposal Company-copy on ALL Notices:kTabscott@pridedisposal.com 1 Tigard/Tualatin School District#23J: :jdevenport@ttsd.k12.or.us and gsmoke@ttsd.k12.or.us 1 Tigard Water District:MMarzahI@TigardWaterDistrict.org EMAIL Tualatin Hills Parks&Rec District:Jeannine Rustad(jrustad@thprd.org)and Peter Swinton(PSwinton@thprd.org) 1 Tualatin Valley Fire&Rescue,John Wolff:john.wolff@tvfr.com EMAIL Tualatin Valley Water District,Administrative Office:ryan.smith@tvwd.org and sarah.alton@tvwd.org EMAIL Tri-Met Transit Development Development_Review@trimet.org (If project is within 1/4 mile of a transit route) Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503- 249-3079) *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects(Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please sec Joe or Doreen if you need updates to it.Thank you. 1:1Community Development\Annexations\ZCA2020-00002 Rietman15_Public Notices\Copy of Request for Comments Notification List Rev.20180212 Page 2 of 2 APPLICANT MATERIALS Case#: 1,1 .. City of Tigard COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(Al) C) Modification: O Type I O Type II ❑ Adjustment ❑ Planned Development: .Annexation CJ Consolidated Plan ❑ Comprehensive Plan Map Amendment Li Concept Plan C) Conditional Use i. .1 Detailed Plan ❑ Downtown Development Review: ❑ Sensitive Lands Review: O Type I O Type II O Type I O Type II D Type III Li Adjustment ❑ Site Development Review: U Type I O Type II ❑ Home Occupation-Type II ❑ Subdivision ❑ Land Partition ❑ Temporary Use Permit ❑ Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan: ❑ Marijuana Facility Permit I--; Modification O Discretionary Review ❑ Miscellaneous: ❑ Zoning Map Amendment O Type II O Type III PROJECT INFORMATION Project name: 'i 12.4,►'t A vl An"1.210 ,..� o✓t Brief description of project: R9 VA.e S'1': A w A-0 A✓►ne- i r•-)13 c R 71 7.-/7 Af-c( n 0rdl, r - ea nn.e r f #t' C.c. St,,,cP r SITE INFORMATION ^ Location (address if available): 1411S- S t,-� 1 3 3 rvl AVC. , 1-Ls &r 4, o fZ q 7 1.z q Tax map and tax lot number(s): Z S l(S 9,A-C v 0 I p O O Site size: ..1S Zone: V. —(,, APPLICANT INFORMATION Name: S hQ.lea 2 41— i 0 r 1 A 1 •2,-kyvv k✓1 Mailing address: 14115 S W r3 3r-6A11 e_ City/State: Ts' Gk(-',. 6 lZ Zip: 9 7 2-2-Y Phone: 417 3 ?q R—1 -3) Email: \. r. Q�+ ON. t" p r a c c -S 4 , . Applicant's representative: Phone: Email: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 .91 PROPERTY OWNER INFORMATION "Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tivardnlannerondutvr'ti card-or.gov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. �-'7 /j/' •Jn r n TZ o -rn 6 n 1 r 2.7/ ZAS Applit's signature* Print name Date G:7, cJa✓t n L /cam � •'�'► n. "b•7/Zo Property owner's signature* Print name Date 5t, 72 miN tofay1z0 Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF [SF ONL1 Case No.: Application fee: Received by: Date: Related Case(s): Determined complete by: Date: ♦:•ar,��ma,,.w.. ,.w., i ..,a..�4h /ua....u.,.u��.+.waw.,.......w.«.+........_.,..M......,........,..._,..,.. ......,........w....,.....,..... .... .,..., ,. .......�„ . .. ..: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwugard-or.gov • 503-718-2421 • Page 2 of 2 • 1 STEWART TITLE AFTER RECORDING RETURN TO: SHAWN C. RIETMAN B. JORINE RIETMAN The within instrument,document and/or paper 14715 SW 133RD AVE. has been read and is hereby approved i TIGARD, OR 97224 UNTIL FURTHER NOTICE, ALL FUTURE n its entirety by the undersigned. TAX STATEMENTS SHALL BE SENT TO: r c SHAWN C. RIETMAN B. JORINE RIETMAN 14715 SW 133RD AVE. V TIGARD, OR 97224 TAX ACCOUNT NO. : 2S19A02102 STATUTORY WARRANTY DEED I' DANA W. HISEROTE AND VIRGINIA H. HISEROTE, AS TENANTS IN COMMON, Grantor, conveys and warrants to SHAWN C. RIETMAN AND B. JORINE RIETMAN, HUSBAND AND WIFE, Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in WASHINGTON County, Oregon, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. • The said property is free from encumbrances EXCEPT: PREMISES ARE WITHIN THE BOUNDARIES OF AND SUBJECT TO THE STATUTORY POWERS AND POWER OF ASSESSMENT OF THE UNIFIED SEWERAGE AGENCY; RIGHTS OF-THE--PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PREMISES LYING WITHIN THE BOUNDARIES OF S.W. 133RD AVENUE; - EASEMENT FOR ELECTRIC POWER LINES AND APPURTENANCES RECORDED 8/26/77 IN BOOK 1194 PAGE 913. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $235,000.00. Dated this day of March, 1997. DANA W. HISEROTE VIRGINIA H. HISEROTE STATE OF OREGON COUNTY OF CLACKAMAS On , 199 , personally appeared the above named DANA W. HISEROTE AND VIRGINIA H. HISEROTE and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for STATE OF OREGON My commission expires 9i ' c legal Description: Situated in the Northeast quarter of Section 9,Township 2 South,Range 1 West,Willamette Meridian,in the County of Washington and State of Oregon,described as follows: Being a portion of that tract conveyed to Bill Hummel by Cyril Wilson,recorded May 5,1977,in Book 1163, page 518,beginning at the Southeast corner thereof,an Iron rod found with cap set,which=Wing to deeds is South p°35'East, 1238.5 feet,South 61°29'East 11.45 feet, South 0°38'East 769.4 het and South 89°54' East 402.8 feet from the quarter corner on the North line of said Section 9, and Mrring thence North 0°37'West,on the East line of said Hummel Tract,also being the West right-of-way line of Southwest 133rd Avenue, 140.0 feet to an iron rod with cap set;thence North 89°54'West, 191 feet to an iron rod with cap set;thence South 30°10'10"West, 161.76 feet to an iron rod with cap set on the South line of said Hummel Tract;thence South 89°54'East,on said South line,273.8 feet to the point of beginning. • r--- • • Loan No. 6012363 Inv.No. Instrument Prepared by: CAROL ECKERSLEY Record&Return to Guaranty Bank,S.S.B. P.O.Box 23929 Attn:Doc Audit Department Milwaukee,WI 53223-0929 - - Space Above This Line For Recording Data) DEED OF TRUST 1j THIS DEED OFF AUC("Sevum�'yy InsWment^]is made on M 21.1997 The grantor is R ETMAN AND B.JORINE RIE'fMAN,HUSBAND AND WIFE ,("Borrower.The trustee is REGIONAL.TRUSTEE SERVICES CORPORATION ,('Trustee').The beneficiary is SHELTER MORTGAGE COMPANY,LLC. ,,which is organized and existing under the laws of THE STATE OF DELAWARE ,and whose address Is 9900SW GREENUm..,n.,,..., r.,,.,,.,.,"..,.,na..y.i.:SI SAS ("Lender. Borrower owes Lender the principal sum of One Hundred Eighty Eight Thousand and 00/100 Dollars(U.S.$ 168,000'00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Rotel,which provides for monthly payments,with the full debt,if not paid earlier,due and payable on APRIL 1,2004 This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note;(b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For the purpose,Borrower irrevocably grants and conveys to the Trustee,intrust,with power of sale,.the following described property located in WASHINGTON County,Oregon: PLEASE SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. • Tax Key No: 2S19A-02102 which has the address of 14715 SW 133RD AVENUE TIGARD (Street] (City] Oregon '97224' ("Property Address"); gip Code] TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to In this Security Instrument as the"Property." BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Properly is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Properly against all claims and demands,subject to any encumbrances of record. THE SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdction constitute a uniform security Instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2.Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")tor.(a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Properly;(b)yearly leasehold payments or ground rents on the Properly,if any;(c)yearly hazard or property Insurance premiums;(d)yearly flood insurance premiums,if any;(e)yearly mortgage insurance premiums, 8 any;and(f)any sums payable by Borrower to Lender,in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums. These Items are called"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time,12 U.S.C. Section 2601 CRESPA"),unless another law that applies to the Funds sets a lesser amount. If so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. OREGON -Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3038 9/90 3000001(9/96) Amended 5/91 (page t of 4 pages) Loan No. 6012363 ' The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,or entity(incbeig Lender, if Lender is such an institution)or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or ventying the Escrow Items,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However,Lender may require Borrower to pay a one-time charge for an independent real estate fax reporting service used by Lender in connection with this loan,unless rppicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender may agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accountingof the Funds,showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pleded as additional security for all sums secured by ails Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by all icable law,Lender shall account to per ower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any times not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and,In such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion. • Upon payment in tub of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower arty Fends held by Lender. If,under paragraph 21,Lender shall acquire or sell the Property,Lender,prior to the acquisition or sale of the Propel.shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. l • 3.Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied:first,to any prepayment charges due under the Note;second,to amounts payable under paragraph 2;find,to interest due;fourth,to principal due;and last,to any late charges due under the Note. 4..Charges;Liens. Borrower-shall pay at taxes,assessments,charges,fines and impositions attributable to the-Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,it any. Borrower shall pay these rjbligimiona In the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the person owed payment Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these ilaymeres directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)4grees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien In,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(cj secures from the holder bt,the,iferr itrt agreernent,satlefactory'to Lender subordinating the lien to this Security Instrument. If Lender detertrirres that any part of the Property is subject to a lien whichmay attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one-or more of the actions set forth above within 10 days of the giving of notice. 6.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the term"extended coverage"and any other hazards,Including floods or flooring,for which Lender requires Insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance car- rier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in ac- cordance with paragraph 7. • All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss lt not made,promptly by Borrower. -Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. e. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application;Leaseholds Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or corm*waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18.by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default it Borrower, during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the hese. If Borrower acquires tee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. - - 7.Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there Is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Properly and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.'Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear Interest from the date o1 disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8.Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage in- surance coverage required by Lender lapses or ceases to be In effect,Borrower shall pay the premiums required to obtain coverage sub- stantially equivalent to the mortgage Insurance previously in effect,at a coat substantially equivalent to the cost to Borrower of the mortgage insurance previously In effect,from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be In effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage in- surance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again bees avail- able and Is obtained. Borrower shall pay the premiums required to maintain mortgage insurance ibemires n effect,or to provide a ben reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. Lender shad give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation. The proceeds of any award or chem tor damages,direct or consequential,in connection with any condemna- tion or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. 5000001 Form 303e 9/90 (page 2 of 4 pages) ,r Loan No. 6012383 In the event of a total taking of the Properly,the proceeds shall be applied to the sums secured by this Security instruent whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking, divided by Lb)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In Nle event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount at the sums secured immediately before the taking,unless Borrower and Lender otherwise agree In writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages,Borrower fads to respond to Lender within 30-days after the date the notice is given,Lender is euttaraed to col- lect and apply the proceeds,at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree In writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11.Borrower Not Released;forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amor- tization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower sham r 11 operate to release the liability of the original Borrower or Borrower's successors In interest. Lender shall not be required to comma proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured b,,ties Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in ex- ercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability Co-signers. The covenants and agreements{it this Security rs Instrument shall bind and benefit the successoand assigns of Lender and Borrower,subject to the provisions of paragraph,17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a)is co-signing this Security Instrumento to mortgage,grant and convey that Borrower's interest in the Property under:the tams of this Security Instrument;(b)Is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that�i od any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Sew Note without that Borrower's consent. / 13.Loan Charges. if the loan secured by this Security Instrument Is subject to a law which sets maximum bat charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14:Notices. Any notice to Borrower provided for in the Security Instrument shall be given by delivering it or by making it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed 10 have been given to Borrower or Lender when given as provided in this paragraph. 16.Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16.Borroerees Copy. (Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest In Borrower.If all or any part of the Property or any interest a it is sold or transferred(or If a beneficial Interest In Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment In full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of this Security Instrument. if Lender exercises this option,Lender shad give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment en- forcing this Security Instrument Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expen- ses incurred in enforcing this Security Instrument including,but not limited to,reasonable attorneys'fees; and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as it no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20.Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involvinngg the Property and any Hazardous Substance or Environmental Law of which Borrower has ac- tual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law"means federal laws and laws of the jurisdiction where the Property Is located that relate to health,safety or environmen- tal protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under ppaarag h 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default�o)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,Lender at its option may require immediate payment In full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be en- titled to collect all expenses incurred In pursuing the remedies provided in this paragraph 21, inducing, but not limited to, reasonable attorneys'fees and coats of title evidence. Form 3038 9/90 (page 3 xr a pages) 5000001 Loan No. 6012383 N Lender Invokes the power of sale,Lender shall exelcute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Prop ty to be sold and shall cause such notice to be recorded kr each county In which any part of the Property Is located. Lender or Trustee shall give notice of sale In the manner prescribed by app8cable law to Borrower and to other persons prescribed by applicable law. After the time required by applicable law,Trustee,without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms dadgnated In the notice of sale In one or more parcels and In any order Trustee determines. Trustee may postpone sale of all oral/parcel of the .Property by public announcement at the time and place of any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,e,pressed or Implied. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale In the following order:(a)to all expenses of the sale,Including,but not Merited to, reasonable Trustee's and attorneys'fees;(b)to all sums secured by thla Security Instrument;and(e)any excess to the person or persons legal- ly entitled to IL 22.Reconveyance. Upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to rleonvey the Properly and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Truslae. Trustee shall reconvey the Properly without warranty to the person or persons legally entitled to it. Such person or persons shall pay recordation costs. Lender may charge such person or persons a fee for reconveying the Properly,but only if the fee is paid to a third p (such as the Trustee)for services rendered and the charging of the lee is permitted under applicable law. 23.Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Tru;;tee appointed hereunder. Without conveyance of the Property,the successor trustee shall succeed to all the title,power,and duties conferred upon Trustee herein and by applicable law. 24.Attorneys'Fees.As used in this Security Instrument and in the Note,"attorneys'fees"shall include any attorneys'tees awarded by appellate court 25.Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together/with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider Balloon Rider 0 Rate Improvement Rider El Second Home Rider El Other(s)[specify] BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained In'thls Security Instrument and in any riders)executed by Borrower and recorded with it. Witnesses: (Seal) SHAWN C.RIETMAN -Borrower I J I nRdir�+ /Seal) B.JORINE RIETIAN -Borrower 'Seal) -Borrower 'Seal) -Borrower [Space Below This Line For Acknowledgement] STATE OF OREGON, CLACKAMAS County as: On this. 4e1 .11 day of MARCH,1997 ,personally appeared the above named SHAWN C.RIETMAN AND B.JORINE RIETMAN,HUSBAND AND WIFE and acknowledged the foregoing instrument to be /their voluntary act and deed. Before me: • ' •n ex _Rte mow..). At NOTARY .� " PUBLIC a`` I COMMISSION NO.061136 9 COMMIS ICN WINO MAR.11 2000 Notary Public for Oregon .n r 1111111 AMMON .1i. 1..1. REQUEST FOR RECONVEYANCE The undersigned Is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indeb- tedness secured by this Deed of Trust,have been paid In full. You are hereby directed to cancel said'rote or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you Under this Deed 0f Trust to the person or persons legally entitled thereto. Dated: • S000001 (Page 4 of 4 noes, Form 3038 9/90 • Legal Description: • Situated in the Northeast quarter of Section 9,Township 2 South,Range 1 West,Willamette Meridian, in the County of Washington and State of Oregon,described as follows: Being a portion of that tract conveyed to Bill Hummel by Cyril Wilson,recorded May 5,1977,in Book 1163, page 518, beginning at the Southeast corner thereof, an iron rod found with cap set,which according to deeds is South 0°35' East, 1238.5 feet,South 61°29' East 11.45 feet,South 0°38' East 769.4 feet and South 89°54' East 402.8 feet from the quarter corner on the North line of said Section 9, and running thence North 0°37'West,on the East line of said Hummel Tract,also being the West right-of-way fine of Southwest 133rd Avenue, 140.0 feet to an iron rod with cap set;thence North 89°54'West, 191 feet to an iron rod with cap set; thence South 30°10'10"West, 181.76 feet to an iron rod with cap set on the South line of said Hummel Tract;thence South 89°54'East,on said South line,273.8 feet to the point of beginning. THIS SECTION IS TO BE COMPLETED BY WASHINGTON COUNTY ASSESSOR'S OFFICE CERTIFICA'lION OF PROPERTY OWNERSHIP (Double Majority-Method) I hereby certify that the attached petition for annexation of the territory described therein to the City of Tigard contains the names of the owners of a majority of the land area of the territory to be annexed,as shown on the last available complete assessment role. NAME: ,P`V.,�31�Si.x•i, uRa..1s 'nik.i+''.tA; �B.w .f T7I'LE: G4S —firGf+ `._ ... DEPARTMENT: CsiARC'rPfi i ' k? 8 (A.120 COUNTY OF: i Ar 141,1‘4"—, �/ {n h y9..`o+.9 y ,o...), { DATE:Ste: „ indic.ares that"Owner'means the owner of the tide to real propem'or the contract p rc`taser of real properr. THIS SE CI ION IS TO BE COMPLETED BY WASHINGTON COUNTY ELECTIONS OFFICE \...EMI IC 110N OF REGISTERED VOTERS I hereby certify that the attached petition for annexation of territory described herein to the City of Tigard contains the names of at least a majority of the electors registered in the territoryto he annexed. NAME: 11T LE: DEPARTMENT: ._ _ COUNTY OF: DAf.L: i:\cutptn\masters\reviaed\certify.mst 1S•Aag-02 CITY OF TIGARD CERTIFICATION OF LEGAL DESCRIPTION AND MAP I hereby certify that the description of the property included within the attached petition (located on Assessor's Map is I A-C- ) has been checked by me and it is a true and exact description of the property under consideration, and the description corresponds to the attached map indicating the property under consideration. NAME TITLE 64-S S f�C+ DEPARTMENT C A Z «( COUNTY OF LvA 14-'A -Z&1`) DATE iU/2crA0 Gij 2 8 2020 i1sA., :!NL—:e I.. ' '.. eJjt�`4 i se A Six P I:cuxpin\masters\revised\legal description certification.doc 15-Aug-02 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s),hereby petition for, and give consent to,Annexation of said property to the City of Tigard. We understand that the City will eview this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PC) -Property Owner RV -Registered Voter PAGE OF OV-Property Owner&Registered Voter AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV 1 OV ADDRESS Township/ {ap I TaY Lot I PrecinctDATE Section Number Number I Number " OV (qt i ') 3 e. --, Ov tcf?!S 51,333C-aAttsluiz�;, • = f I 1 is\curpin\nu;tc.s\revised\.:axpotn m<t 23 J.cn Uo [X)UBLE MAJOR1"I'Y WORI61WET IIC)R ANNEXATION TOTIIE CITY OF `1'1C,AK13 vir,Icr list ;til �rt,�t�rrhicsitt�I;istrtrd vetrtti ;minded in the 1trc.rj�rtr„1, ( 11 Herded, u'r leparatr %l ro.'. ft,r kr✓4ttu,r.zi1 ls,ivav' ) "'t PItt)PF R`t'1 I�.Vii'""' 1 rittwt'l;R'11 i n.. ►ua�lNivn tN (Tax A „ „ `I'Y ... NAM!? ()It PR( tI'f�.lt`t'Y t)WM1It?tt 'tYr!`t!t, Aa.';',;f':`it;t'.I) 'lr4t.I IP (IP `� ',.*,,i41.4 11r P.P.!, tf tf. !'Yr it'f"fir 1 - ;, t'"_• .--.. ..... .'-,.i.„t 1±. Sa(..l rif . ►tail 1 r IRO Ais: , 1i ► I I I **REC;f STF REI)VC).1"„ .It.S"" ADDl)RF;SS OF REGiS'I'1 RI_ll VOTER 'A NAME OF ItL:C,`1S'I*EK1W1) itrffEP .(41(,.....:4T-1„) ; -2yfam h 4 f:17; ty ?!s t,« / g _`I'3 ' ;=1\,r t. ,7, G1 ,,,(G( 41 '72/cA .SAA ), C:, %='-, L r,, c, , t 1(41 ( 5 LS t.t,,} !33'-‘4 ,4 v e , t 0 A. r d6/ 7 2 . -11.)(„.i. TOTALS: I i **SUMMARY* r\evopin'inxisers\larreAet.,..nritais asc I4.Mot r? TOTAL NUMBER OF REGISTERED VOTERS 114 THE PROPOSAL: 2_ NUMBER OF REGISTERED VOTERS WI 10 SIGNED PETITION:_ ___ 2.. PERCENTAGE.OF REGISTERED VOTERS WHO SIGNED PETITION: V/t) '17 . TOTAL ACREAGE IN THE PROPOSAL: .. 1 I - ___ ACREAGE SIGNED FOR _ ! 1 1 PERCENTAGE OF ACREAGE SIGNED FOR t 0 R') 7o TOTAL NUMBER OF SINGLE-FAMILY UNITS: I ' TOTAL NUMBER OF MULTI-FAMILY UNITS: 0 TOTAL NUMBER OF COMMERCIAL STRUCTURES: () _- TOTAL NUMBER OF INDUSTRIAL STRUCTURES_._" I) As AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#8439 P:(503)563-6151(www.aks-eng.com ENGxrmm G&F'FRESTRY OFFICES IN: BEND,OR - KEIZER,OR - TUALATIN,OR - VANCOUVER,WA EXHIBIT A Annexation Description A tract of land and a portion of right-of-way, located in the Northeast One-Quarter of Section 9, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Commencing at the southeasterly corner of the plat "Wilson Ridge" and also being on the west right-of-way line of SW 133rd Avenue (25.00 feet from centerline), said point bears South 89°54'00"East 2.00 feet from the southeast corner of Lot 7 of said plat;thence along the easterly extension of the south line of said plat, South 89°54'00" East 25.00 feet to the centerline of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the easterly extension of the north line of Document Number 97026952 and also being on the City of Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and continuing along said centerline, South 00°37'00"East 140.00 feet to the easterly extension of the south line of said deed;thence along said easterly extension and the south line of said deed,North 89°54'00" West 298.80 feet to the southwest corner of said deed and also being on said city limits line, said point bears South 89°54'00" East 129.00 feet from the southeast corner of Tract 'C' of said plat; thence along the westerly line of said deed and said city limits line,North 30°10'10"East 161.76 feet to the northwest corner of said deed; thence along the north line of said deed and the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the Point of Beginning. The above described tract of land contains 36,034 square feet, more or less. Bearings for this description are based on Survey Number 16,834, Washington County Survey Records. 10/27/2020 REGISTERED AN N iaA, . ,,... :. ,�.A.,. PROFESSIONAL � �' Y a' k`"gk"• -a LAND SURVEYOR BY - - i OCTitaitil 2 a 102 l OREGON JANUARY 9, 2007 NICK WHITE WASH N T o:a fi Ol i''-`fl A& ( 70652L5 . s # RENEWS: 6730/22 a EXHIBIT B A TRACT OF LAND AND A PORTION OF RIGHT—OF—WAY, LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON RIDGE is,,,,, << \� S ___..j/- I O 'WILSON -q- �4/ LOT 7i S89'54'00"E 25.00' RpgO S89'54100"E 2.00'74r 11 J POINT OF 25 COMMENCEMENT to SE COR "WILSON RIDGE" g IA --/ 15_____SW_N____COL _ LANE I . - N POINT OF BEGINNINGm DOC. NO. S89'54'00"E 216.00' 96108423 , o *.0eZDOC. N0. TRACT 'C' OF ,,o�" 97026952 0 WILSON RIDGE" L AREA=36,034 SF± .a * �� SSW 132ND_ N TERRACE S89'54 00 E N 89'54'00"W 298.80' 129.00' 0 W DOC. NO. M 91001003 I Z � � LEGEND 1 a 1111.1 I a CITY OF TIGARD CITY LIMITS UNE I 10/27/2020 PREPARED FOR SHAWN AND JORINE RIETMAN SCALE: 1"=100 FEET N PROFS SIONAL 14715 SW 133RD AVENUE PIIiiSil LAND SURVEYOR TIGARD, OR 97224 100 0 20 50 100 ANNEXATION MAP EXHIBIT OREGON B JANUAR1f g, 207 AKS ENGINEERING & FORESTRY, LLC ORM: WCB 7 NICK WHITE 12965 SW HERMAN RD, STE 100 CHKD: NSW 70652LS IUALATIN, OR 97062 AKS JOB: RENEWS30/22 503.563.6151 WWW.AKS-ENG.COMAM 8439 05c:8439 20201027 D33 I D331 - "607°.2 4.. ., 4' • ry. .25'.$.N o VJ - _... .3.,d= -- ` o" °:,s.:•„0,./....t,.-.1-.g.'',.-.,:7.• .',8.00'0"'. . 2S109AC pk .. 4, s " 9 SW $ 1TBR'. r is ... r; .6. 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ONm4 CORRESPON I)ENCE ADDITIONAL INFORMATION Lina Smith From: Google Forms <forms-receipts-noreply@google.com> Sent: Friday,January 29, 2021 8:35 AM To: Lina Smith Subject: Annexation Questionnaire Caution!This message was sent from outside your organization. Allow sender I Block sender w ,�c �v,.: � • .;, �hc °'� £+ a,�`,'�ys ;;w �+ ‘7,41;:, Thanks for filling out Annexation Questionnaire Here's what we got from you: *�':L+.:a nwoo. =y`,'.En h.t �£.�,+.. eti:S'3,'' . .M" .kys�"Yt',t;'*"",v�ii i' a En4%:�44_ ;2A��N''�f:AW.V s'i''��`wi.'..t''•"10.+'„n'' Annexation Questionnaire College of Urban and Public Affairs Population Research Center Post Office Box 751 Portland, Oregon 97207-0751 POPEST@pdx.edu www.Ddx.edu/Drc 503-725-3922 tel, 503-725-5199 fax Email address * LinaCS@tigard-or.gov The information on this form will be used to certify annexed population. Please return the completed questionnaire no later than 10 days after receiving this notice. NOTE: Please contact the Population Research Center if the annexed area has more than 125 housing units because this requires an enumeration to be conducted under the supervision of the Population Research Center. 1 We are requesting information about the following annexation: City Name: Tigard County Name: Washington Ordinance Number: 21-01 (Rietman ) (ZCA 2020-00002) Final Order Number: 2021-0009 Secretary of State Filing Date: MM 01 DD 26 1 YYYY 2021 2 Date of Enumeration MM 01 DD 29 YYYY 2021 Check here if there are no residences or population in the annexation. No added population/residences There is population and/or residences . ti(� . � y _� fi; t�'iXk 3'' y, 5 N ';��1 x. k4 t Y�" � 'Nr4� v �'�" � ,5 .Fo�",e.',.��;w 01 Total number of units in single family structures Number of occupied units in single family structures 1 Number of vacant units in single family structures 3 Total number of people in occupied single family structures ft E« f48} I imrrn $ aVr,nte 5 # xrRfa w x e wK. pn` 4 4 Total number of units in multi-family structures 0 Number of occupied units in multi-family structures 0 Number of vacant units in multi-family structures 0 Total number of people in the occupied multi-family structures 0 s,^�x; � �,..,. }�a�,� .was;, ss � � �rnrn �� .�, �� c�', �� i 'a, ,'{ w a °E4',°.�. ' �m"'�. �?:;u., �! •�. �`'. '` '9' '"��'" hZ�'�.��i`�">�"�y �^�r � h"� a � ti {��s�� `�' �1�^�,�,�w,; ,. #� r x �M1 n��. "+, s� Cf..�, .e:� � s..' .;ri� E ,��,,E.,"x.,.�d �.r.�.w� � ..r�`c^.X"��tE 6 �. �V.,k� ..,..,j�w €� m.�t ., x' �� Total number of mobile homes 0 Total number of persons living in the mobile homes 0 ,rt,?�':r�Y k• S� � Y`�A' r �' � �k�4' � 1( �.,. ,t-�' .� k Ja9'#•:� �� sett�* �, �� '. as ��E� € €, I ,a € J``G `d�k � 4 Special units include such things as campers or RVs, tents, cars or vans, houseboats, other boats, and motels/hotels. If you have special units in this annexation please fill out the "Special Unit and Group Quarters Inventory" that is attached to the email we sent and return it to popest@pdx.edu There are special housing units in this annexation and we will be emailing the inventory There are no special housing units in the annexation ' � �''` }��. ' Group quarters are places where people live or stay in a group living arrangement, which are owned or managed by an entity or organization providing housing and/or services for the residents.This is not a typical household-type living arrangement.These services may include custodial or medical care as well as other types of assistance, and residency is commonly restricted to those receiving these services. People living in group quarters are usually not related to each other.Group quarters include such places as college residence halls, residential treatment centers, skilled-nursing facilities, group homes, military barracks, correctional facilities, and workers' dormitories. See Appendix A attached to the email for more information and clarification on group quarters. If you have special units in this annexation please fill out the "Special Unit and Group Quarters Inventory" that is attached to the email we sent and return it to popest@pdx.edu There are group quarters in this annexation and we will be emailing the inventory There are no group quarters in this annexation �x yi�y ,'''"rr 'aa4yE'n .k- i } & q„" ,+ ' d `+ �M1 .ax�- i C"i ` # .ver. .�." 4 r. .. .>,..r...:�� ,. Annexation Enumerated by: Name: Lina Smith Position: Assistant Planner 5 Phone Number 5037182438 Comments? Create your own Google Form 6 .101 TIGARD City of Tigard November 5, 2020 Shawn C. and B. jorine Rietman 14715 SW 133rd Avenue Tigard, OR 97224 Project: Rietman Annexation Site: 14715 SW 133rd Avenue; WCTM 2S109AC, Tax Lot 600 Land Use File: ZCA2020-00002 Dear Property Owner(s): Staff has conducted a preliminary review of your application to annex the above-referenced property,and determined that it is complete as of November 5, 2020. Tigard Planning Commission will conduct a public hearing on your application on Monday, December 7, 2020 at 7:00 p.m. Tigard City Council will conduct a public hearing on your application on Tuesday,January 5,2021 at 7:30 p.m. The Planning Commission public hearing will be held virtually, and it is possible that the City Council hearing may be as well. I will contact you regarding any updates or changes. If you decide to withdraw your application before a decision is rendered,please be aware that application fees may not be fully refundable. Please feel free to contact me at (503) 718-2438 or LinaCS@tigard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Copy: ZCA2020-00002 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov