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ZCA2021-00002 APPROVED ZCA2O2 1 - 00002 FROUDE ANNEXATION OFFICE OF THE SECRETARY OF STATE 0 F ARCHIVES DIVISION �, �� 0•p STEPHANIE CLARK SHEMIA FAGAN '�lift, �`'' DIRECTOR . _ ¢ SECRETARY OF STATE F: -_�--_<�rtnria��. 0 800 Summer Street NE N v Y Salem,Oregon 97310 '' Information(503)373-0701 CHERYL MYERS / 59 Fax(503)378-4118 DEPUTY SECRETARY OF STATE htto://sos.oreaon.aov/archives June 14, 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 June 14, 2021 the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD #21-10 AN 2021-0059 (ZCA 2021-00002) (Froude) For your records please verify the effective date through the Applicable ORS. Our assigned file number(s) are included in the above information. Sincerely, j\c\.x...jockrsi Dani Morley Oregon State Archives Official Public Documents Cc: Department of Revenue Population Research Center Final Documents for Annexation to Tigard Metro proposal number: WA2321 Ordinance/Resolution: 21-10 Annexation:ZCA 2021-00002 DOR: 34-2449-2021 OFFICE OF THE SECRETARY OF STATE ; ARCHIVES DIVISION STEPHANIE CLARK SHEMIA FAGAN DIRECTOR 4: �y1 SECRETARY OF STATE II r ' 800 Summer Street NE Salem,Oregon 97310 Information(503)373-0701 CHERYL MYERS Fax(503)378-4118 DEPUTY SECRETARY OF STATE Mta://sos.oreaon.aovlarchives June 14,2021 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 June 14, 2021 the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD#21-10 AN 2021-0059 (ZCA 2021-00002)(Froude) For your records please verify the effective date through the Applicable ORS. Our assigned file number(s)are included in the above information. Sincerely, 6\:),,,cd\ Dani Morley Oregon State Archives Official Public Documents Cc: Department of Revenue Population Research Center DOR 34-2449-2021 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 1\9ap Approved Tigard OR 97223 June 4, 2021 As per ORS 308.225 'Description VMap -Received from: Lina Smith On: 5/12/2021 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. #21-10_(ZCA 2021-00002) (Froude) has been: Vi Approved 6/4/2021 I Disapproved Department of Revenue File Number: 34-2449-2021 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: VChange I I Proposed Change filed with the County Assessor i The change is for: Formation of a new district Transfer Annexation of a territory to a district Merge Withdrawal of a territory from a district L1 Establishment of Tax Zone Dissolution of a district CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-/Q AN ORDINANCE ANNEXING TWO(2)PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BEEF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WAI'hR 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)(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 222.120(5) and 222.520 to withdraw properties which currently lie 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 April 5,2021,and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2SI10BC, Tax Lot 1300, and WCTM 2S110CB, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels 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 April 5,2021 and May 11,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties 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 properties from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SEC lION 1: The Tigard City Council hereby annexes the subject parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No.21-/O Page 1 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" (ZCA2021-00002) 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. SEC PION 5: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the properties 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 1,02i/v/YI d4/.{L... vote of all council members present after being read by number and title only,this //i4t day of *7924:sy ,2021. Carol A.Krager,City Reco4er APPROVED: By Tigard City Council this //.11k day of 7)2a 2021. 3 on B.Snider,Mayor Approved as to form: --j//./sbOrr/I./id 42 f�I6 GiTGoof rtx‘otrt City Attorney �` �11'(.i"tpdi . �.k o�••TI(7''4,9/'',! Original,' " of it ..• NtCi*,q�'•.. 9 '� 5/12/2021Y!Recorder" V v • Date y /?, ,.. ..0c,.."/,_.4 Date _*: *: SEAL ORDINANCE No.21-10 o �' • Page 2 'i .c�tt *•.....•'11. 4.v.s�� %%,,', OF�OR;�\\\ AK „.... N., ..&EIRIFORESTRY,LLC .. 41.1....5 11965 SIN Herman Road,Suite 100,Vedette,OR 97062Job R49S9 P:(SOS)561.61511 www ake enO.eem AIM alaNinulia a RWEgnri OFFICES 14 OEM,OR•KUHER,OR-YUAIATIM,OR•VANCOUVER,NIA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South,Range 1 West, Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights",also being on the City of Tigard city limits line;thence along said city limits line and along the west line of said plat and the southerly extension thereof,South Ol°37'55"West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line,South 58°58'34"West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of ' 1500.00 feet,Delta of 05°27'45",Length of 143.01 feet,and a Chord of South 56°14'41"West 142.95 feet;thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said east line,North ? 01°49'12"West 1037.35 feet to the south line of the plat of" hornwood"and the City of Tigard city limits line;thence along said south line and said city limits line,South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the east line of said plat and the northerly extension thereof,and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way tine of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line and the southerly extension thereo&and continuing along said city limits line,South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28"West 23.59 feet to the Point of Beginning. The above described tract of land contains 11.26 acres,more or less. • 01/22/2021 ANNEXA1 ION CERTIFIED RECIMARD I. LAND suRVEEYOR1 "_ ��Z.4___ FEB 16 2011 OREGON WASHINGTON COUNTY A&T MICS. CARTOGRAPHY RENEW 03 /21 -Eilir — —j Nss'17'05"E 260.3'_ �. EXHIBIT B - - _ _- - -4Ji-- - -1- - A TRACT OF LAND LOCATED IN wilful.MOUNTAIN RD < ,.--.7.-; • `' I. ,o THE NW 1/4 AND SW 1/4 OF I. SEC. 10, T2S R1W, W.M. — - - — - - - %oULL N IA Y °TY, OREGON V11°1 12' . tow , _ FARK 1.1 ig . ,k ropyL... _(. 4, -1/7"---- '. ;i\i---];: l -► FEB 16 2021 4..7. ,, , :: -.71 I -, 02/09/2021 —-�\ ,.1 n _ _4,4i!IINGTUN C :4 ► 'i i +asreREu -""�. •, -- ----ifs AT .._ CARTS' r4i,, ft► PROFESSIONAL "Es �pGE' LAND 'SURVEYOR � � f1.___ , oREooN • s�'Ic toe '�SWASPENIRiDGE DR1 i -"1H UM OF_ S THE SW 1/4 RE/IE1rk 11/30/21 588/0181 87.46' 'i RIpit �- 1 ,1 1.,_... lam, "Asti '' I - ---''' //// ! ! I 1 t N t CITY OF TIGARD AREA: N8810'28'Wt 23.59' I 1 CITY UNITS 1.---] ,,, SE O SWAt1STTS" I-- SCALE: 1"mo 200 FEET M 1 f . ? / 1 _ I , 1,........_ PillialliiViiiii loRNAGAIN— -$W tURNAt3AIN DR _ 200 040 too 400 ; ( CURVE TABLE e� CURVE RADIUS DELTA LENGTH 1 CHORD 4 \ .� C1 1500.00' 5'27'45" 143.01' S5614'41"W 142.95' -I A,,,,.X.2. i —.- - S58.5WW 143.77' _ �``( CITY OE TIGARD EXHIBIT — Ci ANNEXATION MAP B L�143.01' AKS &FORES1RY, LLC "et?, �� °W 12a8.5 SW HERMAN lUA4AT1N, OR 97082 ' STE 100AS( "Ito& 29.58' 503.563.6151 YAIlW.A1(5-EN6.GOb9 4959 EXHIBIT C Hearing Date:May 11,2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL13 FOR THE CITY OF TIGARD, OREGON Ti G A R D 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation(ZCA) ZCA2021-00002 APPLICANTS: Venture Properties,Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego,OR 97035 AKS Engineering&Forestry,LLC Attn: Mimi Doukas 12965 SW Herman Road,Suite 100 Tualatin, OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION IL PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2021-00002)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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORNAiTION The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800)are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the properties will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15,2021 (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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021,March 25, 2021,and April 1,2021) prior to the April 5, 2021 public hearing before the Planning Commission. City staff also posted the public PLANNING COMMISSION RECOMMENDATION PAGE 2 OF 12 ZC.A2021-00002 FROUDE ANNEXATION 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15,2021 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 Beef Bend Road 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(11'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; PLANNING COMMISSION RECOMMENDATION PAGE 4 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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. 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 Beef Bend Road 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 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; PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 May 11, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 maybe processed concurrently with an annexation application or after the annexation has been approved. Within the Washington PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 12 ZCA2021-00002 FROUDE ANNEXATION the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area,and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road. Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time.However,city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Goal 1L1, 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to PLANNING COM IISSION RECOMMENDATION PAGE 8 OF 12 ZCA2021-00002 FROUDE ANNEXATION receiving wastewater services. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12:To provide and encourage a safe, convenient,and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction.Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation,both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties 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. PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 12 ZCA2021-00002 FROUDE ANNEXATION Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County.Upon approval of this annexation,the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request.This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 owner of the subject properties submitted an annexation application to the City on February 22, 2021. 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 April 5,2021) and before City Council(scheduled for May 11,2021). City staff posted public hearing notices in four public places on Match 15, 2021 (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 March 1,2021;and the City published a PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 12 ZCA2021-00002 FROUDE ANNEXATION public hearing notice in The Tigard Times for more than two successive weeks(with publish dates on March 18,2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1,2021.As of April 13,2021,city staff has received four written comments from neighboring property owners with questions about future development plans for the subject properties, and about density standards and housing types allowed in the R-7 Zone. RESPONSE: The applicant is only requesting to annex the subject properties into the City of Tigard,and is not proposing any new development on the subject properties at this time. City staff also provided copies of Community Development Code Chapters 18.40 Measurements, 18.110 Residential Zones, and 18.200 Residential Development Standards to neighbors who requested more information about density standards and housing types allowed in the R-7 Zone. Attachments: Attachment 1: Zoning Map PLANNING COMMISSION RECOMMENDATION PAGE 11 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation (ZCA2021-00002)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 ZCA2021-00002 to City Council. '—`�- April 13,2021 PREPARED BY: Lina Smith Assistant Planner C//0222 &11/496(41;e April Ap 13,,2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION PAGE 12 OF 12 ZCA2021-00002 FROUDE ANNEXATION Attachment 1: R-1 R-2 Zoning Map City of Tigard, Oregon Generalized Zoning Categories Subject Site Zoning Classifications R-4.5 Li R-1 Residential Low-Density o R-2 Residential Low-Density LI R-3.5 Residential Low-Density D R-4.5 Residential Low-Density o R-7 Residential Medium-Density o R-12 Residential Medium-Density R-25 Residential Medium-High-Density R-40 Residential High-Density R-7 MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 11111111111 . - . (i!'" 1;Z: 014: . 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P1117-1111111111111111 Scale: 0.07 Mlles King „, COMMUNITY DEVELOPMENT DEPARTMENT 02/26/2021 City of Tigard , : 13125 SW Hall Blvd 0, • - Tigard, OR 97223 Map Created: (503) 639-4171 www.tigard-or.goy T IG D CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-/0 AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BEEF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAIN 1'LNANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(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 222.120(5) and 222.520 to withdraw properties which currently lie within the boundaries of the Tigard Water District,Washington County Enhanced Sheriff's 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 April 5, 2021, and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S110BC, Tax Lot 1300, and WCTM 2S110CB, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels 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 April 5,2021 and May 11,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties 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 properties 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 parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 21-/G Page 1 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" (ZCA2021-00002) 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 222.120(5),the effective date of the withdrawal of the properties 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 I//,tljj.f I tiG/.. vote of all council members present after being read by number and title only,this /Irk day of �y9ct , ,2021. Carol A.Krager,City Recoder APPROVED: By Tigard City Council this /1 day of 7AN 2021. Jason B. Snidcr,Mayor Approved as to form: �� Certified to be True Copy of Orr✓i t a ncC. .2/-/0 City Attorney 1'3s�'(�F�"l .�--��‘�y OF 1/�?'q 11/j/ 5/12/2021 City Recorder-qty of C f 4041clpq� •. �� Date Date .tea y / 2/ a0ot s * * ORDINANCE No. 21- SEALa•fQ t Page 2 • O \0� � S °• �9ppR{ •• O \\ i •••°•° ///,//1OF10111 0,\. A!�S AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#4959 P.(503)563.6151 I www.aks-ene.c°m II gFCIE;TT, OFFICES IN: RENO,OR • KEIZER,OR -TUALATIN,OR-VANCOUVER,WA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights", also being on the City of Tigard city limits line; thence along said city limits line and along the west line of said plat and the southerly extension thereof, South O]°37'55"West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line, South 58°58'34" West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of 1500.00 feet, Delta of 05°27'45", Length of 143.01 feet,and a Chord of South 56°14'41"West 142.95 feet;thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said east line,North 01°49'12" West 1037.35 feet to the south line of the plat of"Thornwood"and the City of Tigard city limits line;thence along said south line and said city limits line, South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the cast line of said plat and the northerly extension thereof, and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way line of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line and the southerly extension thereof, and continuing along said city limits line, South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28"West 23.59 feet to the Point of Beginning. The above described tract of land contains 11.26 acres,more or less. 01/22/2021 ANNEXATION CERTIFIED REGISTERED �f PROFESSIONAL BY v V LAND SURVEYOR ^-~ FEB 16 2021 OREGON WASHINGTON COUNTY A&T JANUARY 12, 2016 CARTOGRAPHY MICHAEL S. KAUPLt, 89 sp RENEWS: 00/21 . N j-N88'17'05�E'26037'_ EXHIBIT B - - _- - - -I- - A TRACT OF LAND LOCATED IN SW BULL MOUNTAIN RD (7,; _ i_ t::::// i , THE NW 1/4 AND SW 1/4 OF _ _ _ r J - -11----�"�� SEC. 10, T2S, R1 W, W.M. _ r ""°waw" i� a I � ;Lti � TY' OREGON \,.•TR_DY1(.11! PAI ; � �S" °—JF: FEB 16 2021 ^�\ g 02/D9/2021 _' le — A4IiINGTON CO' M 1 l''iteciISTERED . "ESTATES AT. M - CARTOC,rgt re PROFESSIONAL Ir A$ "pRN LAND SURVEYOR \,N __ _IDGE —/ 8' T p_ -NCRTH THE Sr ' RIDGE" RE /3 /21 . SpEN 71,\ IIIII CITY OF TIGARD R�� N88'10'28"W,23.59' I CITY LIMITS / 11.26 ACRESf POINT OF BEGINNING f / NW CORNER CF PLAT OFO / 'SOUTH VIEW HEIGHTS" --J -S UMNVIEW ST ` ? SEIGHTS" 1.-- I --— SCALE: 1"=200 FEET IMM11111."6ii ,TURNA SIN=c SW TURNAGAIN DR _ yp'p o 40 100 top HEIGN 3 , , i; ':g-— ,) 2 ri / • CURVE TABLE 1 s ` _ , � CURVE RADIUS DELTA LENGTH CHORD CI 14 \ Cl 1500.00' 577'45" 143.01' 55614'411 142.95' i N –i � S58'S8'34"W 143.77' CITY OF TIGARD EXHIBIT Cl ANNEXATION MAP B ��4 ' Lu143.01. AKS 12965 SWHERRMA RDFORESTRY,, STE OLLC aura, M 8`, ss S53'30 49 W TUALATN, OR 97062 AMISC AKS d0��/ 29.E 503.563.6151 WWWAKS-ENG.COM4959 I* 4951101T N5*X L B I / 1 EXHIBIT C Hearing Date: May 11.2021 Time: 7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE III in CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation (ZCA) ZCA2021-00002 APPLICANTS: Venture Properties, Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego, OR 97035 AKS Engineering& Forestry, LLC Attn: Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION II. PLANNING COMMISSION RECOMMENDATION, Planning Commission finds that the proposed annexation (ZCA2021-00002) 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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the properties will be zoned R-7 (Medium-Density Residential),under City of Tigard designations.The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15, 2021 (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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021,March 25, 2021, and April 1,2021) prior to the April 5, 2021 public hearing before the Planning Commission. City staff also posted the public PLANNING COMMISSION RECOMMENDATION PAGE 2 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15,2021 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 fords 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 Beef Bend Road 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; PLANNING COMMISSION RECOMMENDATION PAGE 4 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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. 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 Beef Bend Road 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 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; PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 12 ZC-12021-00002 FROUDE ANNEXATION 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 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 May 11, 2021. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 12 ZCA2021-00002 FROUDE ANNEXATION the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area, and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road. Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time.However,city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to PLANNING COMMISSION RECOMMENDATION PAGE 8 OF 12 ZCA2021-00002 FROUDE ANNEXATION receiving wastewater services. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties 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. PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 12 ZCA2021-00002 FROUDE ANNEXATION Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County. Upon approval of this annexation, the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 owner of the subject properties submitted an annexation application to the City on February 22, 2021. 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 April 5,2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1, 2021; and the City published a PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 12 ZCA2021-00002 FROUDE ANNEXATION public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1,2021.As of April 13,2021,city staff has received four written comments from neighboring property owners with questions about future development plans for the subject properties, and about density standards and housing types allowed in the R-7 Zone. RESPONSE: The applicant is only requesting to annex the subject properties into the City of Tigard, and is not proposing any new development on the subject properties at this time. City staff also provided copies of Community Development Code Chapters 18.40 Measurements, 18.110 Residential Zones, and 18.200 Residential Development Standards to neighbors who requested more information about density standards and housing types allowed in the R-7 Zone. Attachments: Attachment 1: Zoning Map PLANNING COMMISSION RECOMMENDATION PAGE 11 OF 12 ZC12021-00002 FROUDE ANNEXATION SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation (ZCA2021-00002) 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 ZCA2021-00002 to City Council. April 13. 2021 PREPARED BY: Lina Smith Assistant Planner April 13. 2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION PAGE 12 OF 12 ZCA2021-00002 FROUDE ANNEXATION Attachment 1: R-2 Zoning Map R-1 , _ ______— City of Tigard, Oregon Generalized Zoning Categories Subject Site Zoning Classifications R-4.5 0 R-1 Residential Low-Density ❑ R-2 Residential Low-Density 0 R-3.5 Residential Low-Density ri R-4.5 Residential Low-Density 0 R-7 Residential Medium-Density E R-12 Residential Medium-Density 0 R-25 Residential Medium-High-Density 0 R-40 Residential High-Density R-7 ❑ 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 ` � 0 C-N Neighborhood Commercial j m . •C-P Professional Commercial • MUC Mixed Use Commercial P! }� t / I ■ MUC-1 Mixed Use Commercial 1 a r • / f °,1,`:k s de ea Ito mwttoia s .Tn.Qty of Tigard es n nty.reeresentat�ron sor guarantee as to the content.accuracy,timel ess ompisteness or any of the date vrovid.d herein.The'City of h gerd shell assume m o liability toany errors, inaccura cies in the information provided regardless o/ how caused. • _ llllll E Scale: 0.07 Miles King C ; t y COMMUNITY DEVELOPMENT DEPARTMENT City Tigard 13125 SWW Hall Blvd - Ill Tigard, OR 97223 Map Created: (503) 639-4171 02/26/2021 www.tigard-or.gov TIGARD PUBLIC HEARING EXHIBIT C Hearing Date:May 112021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE 1,1 CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation (ZCA) ZCA2021-00002 APPLICANTS: Venture Properties, Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego, OR 97035 AKS Engineering& Forestry,LLC Attn: Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION II. PLANNING COMMISSION RECOMMENDATION. Planning Commission finds that the proposed annexation(ZCA2021-00002)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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORMATION. The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the properties will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15,2021 (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 March 1, 2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021,March 25,2021,and April 1,2021) prior to the April 5, 2021 public hearing before the Planning Commission. City staff also posted the public PLANNING COMMISSION RECOMMENDATION PAGE 2 OF 12 ZCA2021-00002 FR()UDE ANNEXATION 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15,2021 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 Beef Bend Road 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; PLANNING COMMIISSION RECOMMENDATION PAGE 4 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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. 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 Beef Bend Road 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 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; PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 May 11, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 Washington County Land Use City 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 12 ZCA2021-00002 FROUDE ANNEXATION the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area, and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road. Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time. However,city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to PLANNING COMMISSION RECOMMENDATION PAGE 8 OF 12 ZCA2021-00002 FROUDE ANNEXATION receiving wastewater services. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties 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. PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 12 ZCA2021-00002 FROUDE ANNEXATION Amiummum. HI Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County. Upon approval of this annexation, the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 owner of the subject properties submitted an annexation application to the City on February 22, 2021. 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 April 5,2021) and before City Council(scheduled for May 11,2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1,2021; and the City published a • PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 12 ZCA2021-00002 FROUDE ANNEXATION public hearing notice in The Tigard Times for more than two successive weeks(with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1,2021.As of April 13,2021,city staff has received four written comments from neighboring property owners with questions about future development plans for the subject properties, and about density standards and housing types allowed in the R-7 Zone. RESPONSE: The applicant is only requesting to annex the subject properties into the City of Tigard, and is not proposing any new development on the subject properties at this time. City staff also provided copies of Community Development Code Chapters 18.40 Measurements, 18.110 Residential Zones, and 18.200 Residential Development Standards to neighbors who requested more information about density standards and housing types allowed in the R-7 Zone. Attachments: Attachment 1: Zoning Map PLANNING COMMISSION RECOMMENDATION PAGE 11 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation (ZCA2021-00002) 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 ZCA2021-00002 to City Council. April 13.2021 PREPARED BY: Lina Smith Assistant Planner Cy April 13.2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION PAGE 12 OF 12 ZCA2021-00002 FROUDE ANNEXATION CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD Froude Annexation ZCA2O21-00002 Presented to Tigard City Council May 11, 2021 CT TY OF TIGARD • R-2 ZoningMap P • City of Tigard. Oregon Generalized Zoning Categories Subject Slte Zoning Classifications R-4.5 R-1 Rtridental lLow-Density R-2 R and intim I Low-Densty R-3.5 Residential low-Density A-4.5 Resid int is I Low-Density 11-7 Resdantiml Medium-Density R-12 Residinti,l Medium-Density R-25 Residential Medium-High-Density 11-40 Residential Hgh-Density MUR-1 Mined Use Residential l MUR-2 Mined Use Residenti.l2 ▪MU-CBD Mired Use Cent ram Bus Dist ' C.0 Co rmmunhy Corn m arc I.I •Ge General Commercial C-N Neighborhood[onwards) IIS DP Professional Obmmarcial •MUC Mixed Use Cbmmarcill •MU61 Mined Use Commarcial1 • PR V` p, Site' 0.0? Ruler. King CI Y COMMINITY aIVIl01MINT 0111 RTM INT • City of Tigard • 13125 SW Hall Blvd Tigard,OR 97223 Map C reared: (503)1139-4171 0��' wwwlig'rd-or.gov CITY OF TIGARD PLANNING COMMISSION Minutes,April 5,2021 Location: Members Remote via Microsoft Teams Link to virtual hearing online: https://boxcast.ty/channeliovinvra r8xolrw6bwbss Call-in number for public testimony: 503-966-4101 Public testimony call-in time was between 7:00 and 7:15 p.m. CALL TO ORDER President Hu called the meeting to order at 7:00 p.m. ROLL CALL Present: President Hu Vice President Jackson Commissioner Brook Alt. Commissioner Miranda Commissioner Quinones Commissioner Roberts Commissioner Schuck Commissioner Watson Absent: Alt. Commissioner Dick Commissioner (K7) Tiruvallur Commissioner Whitehurst Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant; Lina Smith, Assistant Planner; Susan Shanks, Senior Planner Council Representation: Councilor Jeanette Shaw COMMUNICATIONS MINUTES President Hu asked if there were any additions, deletions, or corrections to the March 15, 2021 minutes; there being none, President Hu declared the minutes approved as submitted. PUBLIC HEARING 7.05 p.m. FROUDE ANNEXATION - QUASI-JUDICIAL ANNEXATION ZCA2021-00002 April 5, 2021 Page 1 of 6 The applicant requests to annex the two (2) properties listed below into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800) HEARING STATEMENTS President Hu read the required statements and procedural items from the hearing guide. There were no abstentions; Commissioner Schuck said he wanted to disclose up front that he knows Kelly Ritz of Venture properties. He said he has no personal connection to the company or to the application today,but that he wanted to disclose that. President Hu thanked him and asked if there were any challenges of the commissioners for bias or conflict of interest: None. Ex-parte contacts: None. Site visitations: Commissioners Jackson and Roberts had visited the site. STAFF REPORT Assistant Planner Lina Smith introduced herself. She pulled up a PowerPoint Presentation (Exhibit A) and shared the following information regarding the annexation: • The proposal is to annex 2 properties located south of Bull Mountain Road and north of Beef Bend Road into the City of Tigard • The applicant is not proposing any new development on the subject properties at this time. • If the annexation is approved, the subject properties will automatically be assigned to the Tigard R-7 Zone, or Medium-Density Residential. • City staff, including the Engineering and Public Works Departments, reviewed the applicant's proposal and determined there are adequate public facilities and services available to the subject properties. • As detailed in the staff report submitted to the Planning Commission, the proposed annexation meets all applicable approval criteria in the Tigard Community Development Code, the Tigard Comprehensive Plan, Metro Code, and State Statutes. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2021- 00002) meets the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and18.720, 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, Policies1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2021-00002 to City Council. Lina noted she would be happy to answer any questions and that the applicant is present should they have any questions for them. April 5, 2021 Page 2 of 6 QUESTIONS "I'm curious,what determines which city an annexed property goes to when the property is also bordered by another city?" All the cities have urban service area agreements that are written up between cities and we essentially draw lines on maps for areas that we would annex; they're known to be areas that would eventually need urban services. Also, in this case, they would be connecting to Tigard services — specifically sewer and stormwater, and that requires them to annex into Tigard. APPLICANT PRESENTATION Mimi Doukas of AKS Engineering was present on behalf of Venture Properties. She noted that they did not have a formal presentation as the annexation is straightforward in terms of criteria. She believes staff has done well with the general overview. She added, "The criteria is generally that you need to be adjacent to the city, that you need urban serviceability, and you need a willing applicant—all of which we have." She noted that Venture Properties has a long history of working with Tigard and they're excited to move forward with the project. She said she and others were there to answer any questions the commissioners may have. QUESTIONS FOR APPLICANT There were no questions. PUBLIC TESTIMONY - President Hu asked if there was anyone on the line waiting to testify. IT informed him that there were no callers waiting to testify. Assistant Community Development Director,Tom McGuire noted that some of the neighbors had indicated they might call in, and because of that he asked that the lines remain open until a few minutes after the stated timeframe. The agenda had stated that the lines would be open from 7:00 —7:15 PM and it was a few minutes from 7:15, so they waited for any callers until approximately 7:20 PM; there were none. PUBLIC TESTIMONY —None. PUBLIC HEARING CLOSED DELIBERATION There was a short deliberation with the commissioners generally noting that this was a rather straightforward item. The consensus was that they would recommend approval. President Hu asked if anyone would like to make a motion. April 5, 2021 Page 3 of 6 MOTION Commissioner Roberts made the following motion: "I move that the Planning Commission forward a recommendation of approval to City Council for application ZCA2021-00002 and adoption of the findings and conditions of approval contained in the staff report."The motion was seconded by Commissioner Jackson VOTE / RESULT A vote was taken with 7 voting Yea —0 Nay RESULT MOTION TO RECOMMEND APPROVAL PASSES UNANIMOUSLY, 7-0 President Hu noted that City Council will hear this annexation case on May 11. BRIEFINGS 1A—Washington Square Regional Center Staff: Sr. Planner Susan Shanks Senior Planner Susan Shanks noted that this would be her fourth update briefing to the Planning Commission on this project. She shared a PowerPoint presentation (Exhibit B). She went through the community engagement portion of the project explaining that there is an interactive, online open house through the entire month of April. They are offering$50 gift cards as an incentive for participation and to compensate people for their time. She noted that the information they are sharing is rather "meaty" so they want to make it worth people's while that they might be able to win one of four $50 gift cards if they participate. The website where the open house is taking place is: www.engage.tivard-or.gov/thesquare. She noted that at that URL through April you can see a quick synopsis of the area that's being talking about and you can join the virtual interactive open house. She said part of the community engagement is asking people to help update the 20-year-old vision for the Tigard Regional Center subareas located in Tigard, Beaverton and unincorporated Washington County. They want to know what people think about the proposed recommendations in Tigard's planning area. She noted that some of the planning areas are in Unincorporated Washington County because as properties choose to annex to the city when they become adjacent to the city boundary, they become part of the City of Tigard — so they're included in the long-range planning efforts. She went through and talked about the major subareas. She said they have some very specific questions regarding the different areas. They also have questions about priorities such as, "Where do people want to see Tigard focus energy to improve pedestrian and bicycle facilities in a particular area?" She noted the proposal is to maintain the original vision for the Washington Square Mall; right-size the original vision for all other areas;refine the original transportation vision; and focus on near-term, financially achievable outcomes. She went over the next steps. She will be coming back before the Commission and City Council with another legislative project to adopt the recommendations. There will eventually be a April 5, 2021 Page 4 of 6 Transportation System Plan (TSP) update presentation by Sr. Transportation Planner Dave Roth who will be bringing it as a Legislative project for the Planning Commission's recommendation to City Council. She said that what we learn from the Open House and what we've learned through the Washington Square project will be reflected in the TSP update. Then Susan will likely be bringing code amendments to the commission to specifically change things in the Planned District Chapter that regulates development in Washington Square Mall. They will reflect the kinds of things that were mentioned earlier, things such as medium density housing, and lowering the height from say 200 feet down to something that's more reasonable. She said we'll also be looking at the funding strategies and noted that she's been working with Economic Development Manager Lloyd Purdy on some funding strategy ideas; she's also working with Finance Director Toby LaFrance. They will be talking about some affordable housing strategies and economic development incentives. She noted that the Planning Commission will see some things come across to them as a commission, and other things will go straight to the City Council. Susan concluded her presentation and said that she hoped people would attend the virtual Open House (www.engage.tigard-or.gov/thesauarel that's live online through April 30, 2021. 113 —Legislative Project to Amend WSRC Subdistrict Boundary Staff: Sr. Planner Susan Shanks/Assistant Planner Lina Smith Associate Planner Lina Smith introduced herself. She pulled up a map to illustrate her talk about amending the WSRC subdistrict boundary. She noted the Washington Square Regional Center Plan District includes a Subdistrict that allows Motor Vehicle Sales/Rental on specific properties As seen on the map (Exhibit C), she said the subdistrict is currently located on the Washington Square Mall properties. City staff will propose to reduce the overall size of this Subdistrict by about 80 acres, resulting in Motor Vehicle Sales/Rental being allowed on one (1) property east of Highway 217 on Greenburg Road, and five (5) properties west of Highway 217 on Cascade Avenue. Some background on why the change is being proposed: • Market analysis and community outreach from the Washington Square long-range planning project has shown that the proposed areas are appropriate for motor vehicle sales. • The idea is to limit new car dealerships to areas without potential for pedestrian-oriented development. • Substantially reduce the area that allows car dealerships; shrinking the Subdistrict by about 80 acres. • This would prevent more dealerships from locating on the mall property but allow car dealerships near Highway 217 where there is no potential for pedestrian-oriented development. • Car dealerships are not a neighborhood-serving business and not welcomed by all residents. However, they have a regional customer base and are appropriately located in a regional center; employ many more people than other retail sales businesses; and provide skilled and unskilled local jobs at a range of salaries. April 5, 2021 Page 5 of 6 • The proposed car dealership locations would preserve the mall property for pedestrian- oriented development and restrict new car dealerships to locations further away from residential areas. She noted that city staff will formally present this proposal to Planning Commission next month on May 3 and will provide more details at that time. OTHER BUSINESS Assistant Community Development Director Tom McGuire reminded the commissioners that recently they'd been supplied with a link to the videotaped Land Use Law training that City Attorney Shelby Rihala had provided a few weeks earlier. He told the commissioners that if they're interested in other types of training such as that, to feel free to email him with any ideas they may have. He concluded, "The Planning Commission schedule will be seeing additional land use cases coming up in the next couple of months and even a little bit into the summer. There will also be several major legislative projects coming your way as well. It looks like we're getting back to a busy Planning Commission schedule. Doreen will send the updated rolling calendar as hearings and briefings are added." ADJOURNMENT President Hu adjourned the meeting at 8:15 p.m. - ' ") 0 Doreen Laughlin, Planning .• ission Secretary 7*"4 ATT ST: President \-Kang Hu April 5, 2021 Page 6 of 6 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD EXHIBIT A Froude Annexation ZCA2O21-00002 Presented to Tigard Planning Commission I April 5, 2021 CITY OF TIGARD R-2 Zoning Map City of Tigard. Oregon Generalized Zoning Categories MIN Subject Site Zoning Classifications -A R-1 R mid ant is I low-13 warty R-2 R esid ant i!I law-Densly R-3.5 R mid entia ILow-Density R-4.5 R mid ant is I Low-D east y R-7 Residential Medium-Density 5-12 R esE inti al Medium-Density 5-25 Residential Medium-High-Density R-40 R esid ant i a i H igh-Densiry MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 •MU-I8D Mixed Use Central Bus Dist GC Co immunity Commerce •C-G General Commercial C-N Neiahhorhood Cbmmerc ill •CP Prateabn.'Commercial U MUC Mixed Use Cbmmerclal •MUGI WNW Use Commercial l 77'\ I awl. .::lw P k \f,v , • S.y�- 0,07 Maes King C - y CONNYNITY e1V IlOIN Ile011e aTYlNT City of Tigard gi ' 13125 SW Hall Blvd Tigard,OR 97223 Nap C.aaled: (503)939-4t71 _ ,, . . 0272872221 www.tigard-or.gov EXHIBIT B rim WASHINGTON SQUARE a REGIONAL CENTER Planning Commission Meeting Project Briefing #4 119 April 5, 2021 TIGARB Community Engagement 7 ■ HII� GT � N SQU ARE 1NAS a REGIONAL CENTER ONLINE 11111r1"1 0PEN HOUSE Participate and you could win a $50 gift card! $50iz. Tigard www.engage,tigard-or.govlthesquare Community Engagement Help us update the 20-year-old vision for this area. The regional center is located in Tigard, Beaverton, and unincorporated Washington County. Tell us what you think about proposed recommendations in TIGARD's planning area. --uww.--,, :.,i.,,....T ; „ ? n ,....„..,-, 4r TIGARD REGIONAL CENTER SUBAREAS .._ ." ' Ci t,:. 16 . t.. ,', .,A . •, 4 ' . r , A:3 4dp OS ' 1 C _ c t 164 r - ,. - L MALL „.. . 11 4 lb `‘ SUBAREA iSAIr ' le e MET7GER f=„ — - ' f I SUBAREA , 1,* 711* '? :'-' „. *IS L *,'., ,,,,, elt : , .r „Ai po . « 0.17, „, -3- NIMBUS/ ,-,7' , , ,,,,,, . _ 4r- ' irr:21"Ir .. I° CASCADE ' 4,1%. : SUBAREA ' - ''', ..li ,, .4'.141,44., , :,- - -- .'-‘4-- 410 - .44......, ,0. - - . 4'..„` .„...,,- '* % -*alf.... *1-4:14„ 'Tr ''' '''...-.'"k-, Lk ire. 4r i. -. . . ,. 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Bagan Park ---, ik ,-,t .., ii- , .....; ' . ^' ' - # (Planned) -. ------ -, 1 ; i• t, .. \ Arikw-- . . - ' ' s i 11111 0 Washington Square Regional Center ' i‘41-Nt.41riFv ' !*"1( “ ' 4 - .,Manning Area ' * ARI) • % - i • Proposal • Maintain the original vision for the Washington Square Mall • Right-size the original vision for all other areas • Refine the original transportation vision • Focus on near-term, financially achievable outcomes n a) x CD z Next Steps Lots of community feedback! c-- Online Open House April 1 - 30 Next Steps i 2020 I 2021 Spring Summer Fall Winter Spring Summer Fall Document Existing Conditions I IEvaluate Opportunities,Needs, Challenges Iimmi ONO 111.11OM — — — ow MINN Sift I Develop Future Land Use and Transportation Ideas II. lift 114* ' Produce Recommendation Report I 1 Take Recommendations to City Council 444 110 1 alio aft 00 ..11 11111111 NM in MI NM WM Community Engagement • Stakeholder Working Group Meeting 0 Potential Additional Stakeholder Working Group Meeting ■ Community engagement includes phone calls, interviews, online surveys,presentations, open houses,displays, mailings and electronic communications. Next Steps Implementation • TSP Coordination (PC) • Code Amendments (PC) • Funding Strategies • Affordable Housing Strategies • Economic Development Incentives lam• tn 0 V1 coed __ID Li • 0 >% ` III / MI Existing Subdistrict (97.45 acres) / . ,N, Nil IN'-,7 ' E EXHIBIT C W. Proposed Subdistrict (17.73 acres) .. . BE IV Tigard City Boundary i . a,42_1 :..1 Ci 711 H ', 7 !'0,,, ... / i / -, ______ \ // 0 / , .., ' i te CO PL //\\ , \‘.. . 17 II _ t--m 1111 k' l',,,X/ \ ' / 0Sb ,' 1 \ V"),' \ ,_ '.' ( I . , rd ...._,, te... \ ' \ ---------- ---\\ ` -_ / � .44 phi., / / --f � ` � \ `- ` / ` _ _--- ~�_ ______ _ _ , Hearing Date:Anril 5.2021 Time:7:00 P.M. STAFF REPORT TO THE PLANNING COMMISSION 1119 FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation (ZCA) ZCA2021-00002 APPLICANTS: Venture Properties, Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego, OR 97035 AKS Engineering& Forestry, LLC Attn: Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. FROUDE ANNEXATION PAGE 1 OF 12 ZCA2021-00002 SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2021-00002) 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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation, the properties will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. The applicant is not proposing any new development on the subject properties at this time. 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15,2021 (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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021,March 25,2021,and April 1,2021) prior to the April 5, 2021 public hearing before the 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. FROUDE ANNEXATION PAGE 2 OF 12 ZCA2021-00002 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15,2021 (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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, FROUDE ANNEXATION PAGE 3 OF 12 ZCA2021-00002 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 Beef Bend Road 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. FROUDE ANNEX,_- PAGE 4 OF 12 ZCA2021-00002 mommomm. 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. 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. 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. Shy' Beef Bend Road 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 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 FR()UDE ANNEXATION PAGE 5 OF 12 ZCA2021-00002 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 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 May 11, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 FROUDE ANNEXATION PAGE 6 OF 12 ZCA2021-00002 drrr�rrrn. 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 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have FROUDE ANNEXATION PAGE 7 OF 12 ZCA2021-00002 adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area, and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road. Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time.However,city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SAX' Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. FROUDE -1NNEXATION PAGE 8 OF 12 ZCA2021-00002 The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation,both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties 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. Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered FROUDE ANNEXATION PAGE 9 OF 12 ZCA2021-00002 to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County. Upon approval of this annexation, the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 owner of the subject properties submitted an annexation application to the City on February 22, 2021. 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 April 5,2021) and before City Council (scheduled for May 11,2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March FROUDE ANNEXATION PAGE 10 OF 12 ZCA2021-00002 wn► 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1, 2021. On March 9, 2021, an e-mail was received from neighboring property owners James and Sally Angaran,with questions about zoning and density; city staff responded to the inquiry the same day. On March 22, 2021, an e-mail was received from neighboring property owner Cindy Moon, with questions about future development on the subject properties and allowable housing types in the R-7 Zone; city staff responded to the inquiry the same day. No other public comments have been received as of March 26,2021. Attachments: Attachment 1: Zoning Map FROUDE ANNEXATION PAGE 11 OF 12 ZCA2021-00002 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. March 11.2021 PREPARED BY: Lina Smith Assistant Planner _, ,.//72- z4 March 11.2021 APPROVED BY: Tom McGuire Assistant Community Development Director FROUDE ANNEXATION PAGE 12 OF 12 ZCA2021-00002 COMMENTS alis I.. I✓ ..„ ° N • TIGARD REQUEST FOR COMMENTS DATE: March 1 2021 RECEIVED TO: Per Attached MAR 0 3 202$ CITY 0 FROM: City of Tigard Planning Division PLANNINIG/E.NG.NEEp,ING STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Email: LinaCSnu,tigard-or.gov ZCA2021-00002 - FROUDE ANNEXATION - REQUEST: The applicant requests to annex the two (2) properties listed below into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800). 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: MARCH 15.2021..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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: 44 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: I Name&Number of Person Commenting: Sgt. Jeff Lain #33563 S,3 3 -716-2.733 Lina Smith From: Jeremy Tamargo Sent: Monday, March 1, 2021 3:20 PM To: Lina Smith Subject: RE: Request for Comments: Froude Annexation Hi Lina, Thanks for the opportunity to review! No new development is proposed with the annexation application. No additional comments from development engineering at this time. Regards, Jeremy Jeremy Tamargo, PE City of Tigard Principal Engineer Direct: (971) 713-0281 From: Lina Smith<LinaCS@tigard-or.gov> Sent: Monday, March 1, 2021 11:38 AM To: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>; Keith Liden<keith.liden@gmail.com>; landusenotifications@oregonmetro.gov; Naomi Vogel<Naomi_Vogel@co.washington.or.us>; lutdir@co.washington.or.us; lutdevel@co.washington.or.us;samantha.ridderbusch@centurylink.com;Jackie Humphreys <HumphreysJ@CleanWaterServices.org>; Kevin_Arnold@comcast.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; Mel Marzahl<MMarzahl@TigardWaterDistrict.org>;John Wolff (TVFR)<john.wolff@tvfr.com>;Wells, Russell<russell.wells@ziply.com>; or.metro.engineering <or.metro.engineering@ziply.com> Subject: Request for Comments: Froude Annexation Please see the attached request for comments for the Froude Annexation,for 2 properties located at 12200 SW Bull Mountain Road. No new development is proposed at this time. If you have comments, please submit them to me by Monday, March 15,2021.The applicant's materials can be accessed online by clicking the link below: httos://tieard-mv.shareooint.com/:f:/e/personal/linacs tigard- or eov/EuSBQJJKohxGkxXSu9DePbQBiE6gi6aaUMGeONSxDhKIwA?e=PCiTxo Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCSPtigard-or.eov 1 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: Theresa Reynolds Sent: Monday, March 1, 2021 11:55 AM To: Lina Smith Subject: RE: Request for Comments: Froude Annexation Hi Lina Looks good, no comment. Theresa Reynolds Theresa Reynolds Water Quality Facility Supervisor City of Tigard 503-718-2704 theresa@tigard-or.gov From:John Goodrich<johng@tigard-or.gov> Sent: Monday, March 1, 2021 11:44 AM To:#PW_Supervisors<PW_Supervisors@tigard-or.gov> Cc: Rob Murchison<robm@tigard-or.gov>; Rick Gruen<rickg@tigard-or.gov> Subject: FW:Request for Comments: Froude Annexation Lina sent this out for comment. Annexation only, no development proposed at this time. Send Lina your comments, if any. Thanks, John John Goodrich Executive Manager Public Works Department x2609 From:Lina Smith<LinaCS@tieard-or.gov> Sent: Monday, March 1, 2021 11:38 AM To:Jeremy Tamargo<jeremyt@tigard-or.eov>; Mark VanDomelen <markv@tieard-or.gov>;Jeffrey Lain <ieff.lain@tieard-or.gov>;John Goodrich<iohng@tieard-or.gov>; Keith Liden<keith.liden@email.com>; landusenotifications@oregonmetro.gov: Naomi Vogel<Naomi Vogel@co.washington.or.us>; lutdir@co.washington.or.us; lutdevel@co.washington.or.us:samantha.ridderbusch@centurvlink.com;Jackie Humphreys <HumohrevsJ@CleanWaterServices.org>; Kevin Arnold@comcast.com; brian.kellev@nwnatural.com: Steve.Hursh@o&n.com; Kristen Tabscott<kTabscott@pridedisposal.com>;Jean Devenport <idevennortPttsd.k12.or.us>;gsmoke@ttsd.k12.or.us; Mel Marzahl<MMarzahl@TigardWaterDistrict.org>;John Wolff (TVFR)<iohn.wolff@tvfr.com>; Wells, Russell<russell.wells@ziplv.com>;or.metro.engineering <or.metro.engineering@ziolv.com> Subject: Request for Comments: Froude Annexation 1 Please see the attached request for comments for the Froude Annexation,for 2 properties located at 12200 SW Bull Mountain Road. No new development is proposed at this time. If you have comments, please submit them to me by Monday, March 15,2021.The applicant's materials can be accessed online by clicking the link below: https://tigard-mv.sharepoint.com/:f:/R/personal/Iinacs tigard- or gov/EuSBQJJKahxGkxXSu9DePbQBIE6gi6agUMGeONSxDhKIwA?e=PCiTxp Thank you, Lina Smith 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 Lina Smith From: Sam Morrison Sent: Tuesday, March 2, 2021 10:13 AM To: Lina Smith Cc: Aaron Beattie;John Goodrich Subject: FW: Request for Comments: Froude Annexation Attachments: ZCA2021-00002 Request for Comments.docx Hi Lina. No Issues for Water at this time. From:John Goodrich<johng@tigard-or.gov> Sent: Monday, March 1, 2021 11:44 AM To:#PW_Supervisors<PW_Supervisors@tigard-or.gov> Cc: Rob Murchison<robm@tigard-or.gov>; Rick Gruen<rickg@tigard-or.gov> Subject: FW: Request for Comments: Froude Annexation Lina sent this out for comment. Annexation only, no development proposed at this time. Send Lina your comments, if any. Thanks, John John Goodrich Executive Manager Public Works Department x2609 From: Lina Smith<LinaCS@tigard-or.gov> Sent: Monday, March 1, 2021 11:38 AM To:Jeremy Tamargo<jeremvt@tigard-or.gov>; Mark VanDomelen<markv@tigard-or.gov>;Jeffrey Lain <ieff.lain@tigard-or.gov>;John Goodrich<iohng@tigard-or.gov>; Keith Liden<keith.liden@gmail.com>; landusenotificationsPoregonmetro.gov: Naomi Vogel<Naomi Vogel@co.washington.or.us>; lutdir@co.washington.or.us: lutdevel@co.washington.or.us;Samantha.ridderbusch@centurvlink.com;Jackie Humphreys <HumphrevsJ@CleanWaterServices.org>; Kevin Arnold@comcast.com; brian.kellev@nwnatural.com; Steve.HurshPoen.com: Kristen Tabscott<kTabscott@pridedisposal.com>;Jean Devenport <idevenport@ttsd.k12.or.us>;gsmoke@ttsd.k12.or.us; Mel Marzahl<MMarzahl@TigardWaterDistrict.or >;John Wolff (TVFR)<iohn.wolff@tvfr.com>;Wells, Russell<russell.wells@ziplv.com>; or.metro.engineering <or.metro.engineering@ziolv.com> Subject: Request for Comments: Froude Annexation Please see the attached request for comments for the Froude Annexation,for 2 properties located at 12200 SW Bull Mountain Road. No new development is proposed at this time. If you have comments, please submit them to me by Monday, March 15,2021.The applicant's materials can be accessed online by clicking the link below: https://tigard-mv.sharepoint.com/:f:/g/personal/Iinacs tigard- or gov/EuSBQJJKahxGkxXSu9DePbQBiE6gi6aciUMGeONSxDhKIwA?e=PCiTxo Thank you, t Lina Smith 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 l igard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." ti 2 11111 III TIGARD REQUEST FOR COMMENTS DA'1'L: March 1, 2021 R E E `trf E L) TO: Per Attached MAR 0 3 2021 CITY 0. i•.41,c,_, FROM: City of Tigard Planning Division PLANNING!E;,;C.r.;EEl;;NG STAFF CONTACT: Lina Smith Assistant Planner Phone: (503)718-2438 Email:LinaCS(a'tigard-or.gov ZCA2021-00002 - FROUDE ANNEXATION - REQUEST: The applicant requests to annex the two (2) properties listed below into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800).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 CQMMENTS BACK BY:MARCH 15,2021.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: 1 INg We have reviewed the proposal and have no objections to it. _ Please contact at our office. _ Please refer to the endosed letter or email. Written comments provided below: I Name&Number�f PersonCommenting, .S ` mss -718-2.7a, Lina Smith From: Lina Smith Sent: Tuesday, March 9, 2021 5:09 PM To: SallyandJim Angaran Subject: RE: Froude Annexation Hi Jim and Sally, We don't have all the information at this time to determine the site's net development area, but the following Code sections help explain how we calculate the maximum number of lots that can fit on a site: http://acode.us/codes/tigard/view.php?topic=18-18 00-18 40-18 40 020&frames=on http://acode.us/codes/tigard/view.php?topic=18-18 00-18 40-18 40 130&frames=on http://gcode.us/codes/tigard/view.php?topic=18-18 200-18 290&showAll=1&frames=on I'd also like to note that the applicant is currently only proposing to annex these properties,and they are not proposing any development at this time.The applicant is also not proposing to change the site's zoning;the properties are currently zoned R-6 under Washington County,which automatically converts to Tigard's R-7 zoning upon annexation. If the applicant does propose future development on these properties,they will be required to submit for another land use application,and you will receive another notice in the mail. Please let me know if you have any questions. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCSPtieard-or.gov From:SallyandJim Angaran<sallyandjim@me.com> Sent:Tuesday, March 9, 2021 4:34 PM To: Lina Smith<LinaCS@tigard-or.gov> Subject: Froude Annexation Caution!This message was sent from outside your organization. Allow sender I Block sender Lina, Re the Froude Annexation:what would be the maximum number of homes on both plots if zoned R-7 and likewise if zoned R-4.5? Thank you, Jim&Sally Angaran 12018 SW Stringer Lane Tigard, OR 97224 503-302-4699 salivandiimaicloud.com 1 Lina Smith From: Kristen Tabscott <kTabscott@pridedisposal.com> Sent: Tuesday, March 9, 2021 12:46 PM To: Lina Smith Subject: RE: Request for Comments: Froude Annexation Caution!This message was sent from outside your organization. Allow sender I Block sender We have no objections to this. Kristen Tabscott EXECUTIVE ASSISTANT Pride Disposal&Recycling Company 503-625-6177 oridedisnosal.com Follow the latest Pride news: Facebook I Twitter I enewsletter From: Lina Smith<LinaCS@tigard-or.gov> Sent:Monday, March 1,2021 11:38 AM To: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>; Keith Liden<keith.liden@gmail.com>; landusenotifications@oregonmetro.gov; Naomi Vogel<Naomi_Vogel@co.washington.or.us>; lutdir@co.washington.or.us; lutdevel@co.washington.or.us;samantha.ridderbusch@centurylink.com;Jackie Humphreys <HumphreysJ@CleanWaterServices.org>; Kevin_Arnold@comcast.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; Mel Marzahl<MMarzahl@TigardWaterDistrict.org>;John Wolff (TVFR)<john.wolff@tvfr.com>;Wells, Russell<russell.wells@ziply.com>; or.metro.engineering <or.metro.engineering@ziply.com> Subject: Request for Comments: Froude Annexation Please see the attached request for comments for the Froude Annexation,for 2 properties located at 12200 SW Bull Mountain Road. No new development is proposed at this time. If you have comments, please submit them to me by Monday, March 15,2021.The applicant's materials can be accessed online by clicking the link below: https://tigard-mv.sharepoint.com/:f:/e/personal/linacs tigard- or Rov/EuSBQJJKahxGkxXSu9DePbQBiE6gi6aaUMGeONSxDhKIwA?e=PCiTxo Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.Rov 1 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: Wednesday, March 17, 2021 9:28 AM To: Lina Smith Subject: RE: Request for Comments: Froude Annexation Warning!This message was sent from outside your organization and we are unable to Allow sender I Block sender verify the sender. Hello Lina, After review of the Froude Annexation ZCA2021-00002, with no development being proposed at this time TVF&R has no comments or objections to this annexation. Thank you for the opportunity to review and comment on this project. John Wolff— IAA! CFI Deputy Fire Marshal John.wolff@tvfr.com 503-259-1504 From: Lina Smith<LinaCS@tigard-or.gov> Sent: Monday, March 1, 2021 11:38 AM To: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>; Keith Liden<keith.liden@gmail.com>; landusenotifications@oregonmetro.gov; Naomi Vogel<Naomi_Vogel@co.washington.or.us>; lutdir@co.washington.or.us; lutdevel@co.washington.or.us;samantha.ridderbusch@centurylink.com;Jackie Humphreys <HumphreysJ@CleanWaterServices.org>;Kevin_Arnold@comcast.com; brian.kelley@nwnatural.com; Steve.Hursh@pgn.com; Kristen Tabscott<kTabscott@pridedisposal.com>;Jean Devenport <Devenport@ttsd.k12.or.us>;gsmoke@ttsd.k12.or.us; Mel Marzahl<MMarzahl@TigardWaterDistrict.org>;Wolff,John F.<John.Wolff@tvfr.com>;Wells, Russell<russell.wells@ziply.com>; or.metro.engineering <or.metro.engineering@ziply.com> Subject: Request for Comments: Froude Annexation ***The sender is from outside TVF&R—Do not click on links or attachments unless you are sure they are safe*** Please see the attached request for comments for the Froude Annexation,for 2 properties located at 12200 SW Bull Mountain Road. No new development is proposed at this time. If you have comments, please submit them to me by Monday, March 15,2021.The applicant's materials can be accessed online by clicking the link below: httos://tigard-mv.sharepoint.com/:f:/g/personal/linacs tieard- or gov/EuSBQJJKghxGkxXSu9DePbQBiE6gi6agUMGeONSxDhKIwA?e=PCiTxp Thank you, Lina Smith 1 Assistant Planner City of Tigard J 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: Lina Smith Sent: Monday, March 22, 2021 11:11 AM To: Cindy Moon Subject: RE: Grouse Annexation ZCA2021-00002 Hi Cindy, Yes,the Planning Commission hearing will be virtual,and the City Council hearing will most likely be virtual as well.You can find more information on how to access the virtual hearings here: https://www.tigard- or.gov/citv hall/public hearines.oho If future development is proposed on the subject properties,you will receive another notice in the mail,and will also have an opportunity to submit comments at that time. You can learn more about the housing types that are allowed in the R-7 Zone in the following links: http://acode.us/codes/tieard/view.ohatooic=18-18 100-18 110-18 110 040&frames=on http://acode.us/codes/tieard/view.php?topic=18-18 200&frames=on Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail:LinaCS@tigard-or.gov From:Cindy Moon<cindy.r.moon@gmail.com> Sent:Monday, March 22, 2021 10:38 AM To: Lina Smith<LinaCS@tigard-or.gov> Subject:Grouse Annexation ZCA2021-00002 Caution!This message was sent from outside your organization. Allow sender I Block sender Hi Lina I plan to attend the upcoming meetings if held virtually. I did go online to try and read more about this annexation request. I know it stated no new development is proposed at this time.Am I able to learn if there are projections for up to 5 years from now? Also I would like to know more about what can be developed on an R-7 zone?Apartment or condominiums?Or just single structure housing? I appreciate your help in being able to answer my questions. Thank you, Cindy Moon Cindv.r.moon@gmail.com (503)505-2435 1 Boundary Change Preliminary Review DOR 34-P814-2021 CO R E G O N 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 Tigard OR 97223 March 25, 2021 Documents received: 2/26/2021 From: Lina Smith This letter is to inform you that the Description and Map for your planne, > . o City of Tigard((ZCA 2021--00002) (Froude-Bull Mtn)) in Washington County . n reviewed per your request. They MEET the requirements of ORS 308.225 for use t ° n der, Ordinance, or Resolution which must be submitted to the Washington County A and the Department of Revenue in final approved form before March 31 of the year i , • h the change will become effective. Not sure if calls are needed along the east line of"Troy Pa and the west lines of"Estates at Aspen Ridge", and "Aspen Ridge". If so, then resubmit he revised legal descriptio _ i, ano 1er Preliminary Review. Please include a Revision date on any revis• ents. *IA If you have any questions please contact Elise Bruch, Elise.A.Bruch@oregon.gov Boundary Change Preliminary Review DOR 34-P814-2021 OREGON DEPARTMENT c„,„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 Tigard OR 97223 April 2, 2021 Documents received: 2/26/2021,4/2/2021 44%From: Lina Smith This letter is to inform you that the Description and Map for your planne' - - o City of Tigard ((ZCA 2021--00002) (Froude -Bull Mtn)) in Washington County n reviewed per your request. They MEET the requirements of ORS 308.225 for use 't ,n . der, Ordinance, or Resolution which must be submitted to the Washington County - - and the Department of Revenue in final approved form before March 31 of the year i r o =h the change will become effective. On 4-2-2021, DOR received information from the surveyo t verified the description did not need any additional calls added to the description. The maps and description are ready for use in t ina cket. 0:%*° +40 Vilik 14° ' If you have any questions please contact Elise Bruch, Elise.A.Bruch@oregon.gov Lina Smith From: Lina Smith Sent: Monday,April 5, 2021 9:57 AM To: kteylerjarrett Subject: RE: Questions for meeting on Froude Annexation on Beef Bend Rd (ZCA2021-00002) Hi Kathy, The applicant is only proposing to annex in the subject properties right now,and is not proposing any development on them at this time. If future development is proposed on the subject properties,you will receive another notice in the mail,and will also have an opportunity to submit comments at that time. You can learn more about the R-7 Zone and the housing types that are allowed in that zone in the links below: http://gcode.us/codes/tigard/view.php?topic=18-18_100-18_110-18_110_040&frames=on http://qcode.us/codes/tigard/view.php?topic=18-18_200&frames=on Hope you feel better,and feel free to contact me if you have further questions. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov Original Message From: kteylerjarrett<kteylerjarrett@comcast.net> Sent: Monday,April 5,2021 9:42 AM To: Lina Smith<LinaCS@tigard-or.gov> Subject:Questions for meeting on Froude Annexation on Beef Bend Rd (ZCA2021-00002) I'm Kathy,a homeowner in the SouthView development next to the plot being considered for development. I'm not sure whether I'll be able to make the meeting,depending on the side effects from my Covid shot. But I would like to know what"medium density" means in the development description. Does that mean duplexes, townhomes?If townhomes,we have no other such development on our side of the street,and I am concerned it will considerably increase traffic on what are now dead-end roads. I'm assuming they will make the two dead ends in our development through streets, but will there be any other access that could spread the traffic out? I hope to make the meeting, but if I can't, can you send me an answer? Thank you. Kathy Jarrett 12066 SW Turnagain Drive 971-222-7526 1 Lina Smith From: Lina Smith Sent: Monday,April 5, 2021 1:01 PM To: Blaine Neu Cc: Jacob B Subject: RE: Future Development between Bull Mountain and Beef Bend Hi Blaine, Thank you for talking to me on the phone,and I hope I was able to answer your questions.You're also welcome to attend the virtual hearing tonight: https://www.tigard-or.gov/citv hall/public hearings.php.You can also provide public testimony at the hearing by calling 503-966-4101 between 7:15 p.m.to 7:30 p.m. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tieard-or.gov From: Blaine Neu<Blaine@bblarchitects.com> Sent: Monday,April 5, 2021 12:46 PM To: Lina Smith<LinaCS@tigard-or.gov> Cc:Jacob B<jacob.burkhardt@gmail.com> Subject: Future Development between Bull Mountain and Beef Bend Warring!This message was sent from outside your organization and we are unable to Allow sender I Block sender verify the sender. Hi Lina, I'm confused by the zoning requirements for the future development between Bull Mountain and Beef Bend. I'm also curious why the neighborhood on the opposite side of the lot(an existing Residential neighborhood) isn't currently zoned—are these lots outside your jurisdiction? 1 lc+.I- . ) B LI LL -MCJUIT►AlN=R.D R-4.5 v.41 R-40 PR -- -, �,, 11011111111. .7 R-7 .�- , I ifdR7 • +, i to alnial f ,r; _ i le, 1 e, /, � ' I .. C;G I am concerned with our property values if the lot gets developed with anything less than the surrounding neighborhoods that will directly connect to our streets. The Tigard Zoning Code allows Attached Dwelling units (AD U's, Courtyard Units, Quads,and Rowhouses of up to 5 units per grouping) in a Medium Density R-7. Medium Density R-12 allows for Apartments (so we definitely don't want that, but I wouldn't expect that would ever be zoned for the that). R-7's even allow for mobile home parks, cottage clusters, etc. but because the streets are an extension of our neighborhood, my expectation is it would be the same types of lot sizes/homes of our neighborhood (R-7). I see a conflict in the zones,though,that I hope you can clarify. R-7 has a 5,000 S.F. minimum lot size,and I'm assuming that's per dwelling,so I can't see a rowhouse working for R-7, or a mobile home park,or even a quad or courtyard unit.So even though the zone itself allows for it,these likely wouldn't meet the 5,000 s.f. minimum lot size required so how are they"allowed"?Should we be concerned by this? Thanks, Blaine Neu Project Manager 200 North State Street Lake Oswego OR 97034 Office. 503 635 4425 Direct: 503.850.7863 2 eet.(5TS www.bblarchitects.com In light of current health concerns, as of(3/23/2020), BBL Architects'staff will be working remotely. Please note, however, our project teams are fully operational remotely. Do not hesitate to contact us by email, direct line, or cell phone regarding our projects. Also, we will be scheduling video conferencing and site visits as required. Please be safe and stay positive during this time. 3 DOR 34-2449-2021 Notice to Taxing Districts ORS 308.225 OREGON DEPARTMENT --"":41111FOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 b oundary.change s @oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Description and 11ap Approved Tigard OR 97223 June 4, 2021 As per ORS 308.225 Description VIMap -Received from: Lina Smith On: 5/12/2021 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. #21-10 (ZCA 2021-00002) (Froude) has been: 14 Approved 6/4/2021 Disapproved Department of Revenue File Number: 34-2449-2021 ` 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: i Formation of a new district H Transfer Annexation of a territory to a district Merge Withdrawal of a territory from a district Establishment of Tax Zone Dissolution of a district DOR 34-2449-2021 Notice to Taxing Districts ORS 308.225 OREGON DEPARTMENT —Air 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 June 4, 2021 As per ORS 308.225 Description VIMap -Received from: Lina Smith On: 5/12/2021 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. #21-10_(ZCA 2021-00002) (Froude) has been: VI Approved 6/4/2021 Disapproved Department of Revenue File Number: 34-2449-2021 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: Change 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 kV'Withdrawal of a territory from a district Li Establishment of Tax Zone Dissolution of a district CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.21-/d AN ORDINANCE ANNEXING TWO(2)PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BEEF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WA1'hR DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAIN 1'L+NANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(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 222.120(5) and 222.520 to withdraw properties which currently lie within the boundaries of the Tigard Water District,Washington County Enhanced Sheriff's 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 April 5,2021,and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S110BC, Tax Lot 1300, and WCTM 2511003, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels 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 April 5,2021 and May 11,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties 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 properties 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 parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 21-/0j Page 1 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" (ZCA2021-00002) 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. SEC 11ON 5: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the properties 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 i�//,menl itGl4 vote of all council members present after being read by number and title only,this //' day of '7'724y .2021. Carol A.Krager,City Recor er APPROVED: By Tigard City Council this //.1A-day of 7nat-4 2021. ] on B.Snider,Mayor Approved as to form: Certified be True Copy of Ord/lid n /'/6 �/) /�,� `�t�if l it��t r r i4 City"Attorney Ldp v c f"1 �6 ONA% OF TIG9 rn , 5/12/2021 �Cky Recordemr--City of Y •,.CC ��Ntc�pq,•., Datete '? *= SEAL = ORDINANCE No.21-10 I. Page 2 . •' °• '' •.• gyNs p.`* ''"�,0�•.OF rOR ce�$ !2965 Her s21 www td1910 AK AKS ENGINEERRVG i FORESTRY,/LC 965 SW Herman Road,Salta SOa TwN4fn,OR 97067 AKS Job 44959 dat F: ewn ENa t4Wrilra R3.RSTRY OFfiCES EY: lino,OM-KEITER,OR-TUAWTIN,OR-VANCOUVER,WA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South,Range I West,Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights",also being on the City of Tigard city limits line;thence along said city limits line and along the west line of said plat and the southerly extension thereof,South 01°37'55"West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line, South 58°58'34"West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of 1500.00 feet,Delta of 05°27'45",Length of 143.01 feet,and a Chord of South 56°14'41"West 142.95 feet;thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said east line,North I 01°49'12"West 1037.35 feet to the south line of the plat of`Thornwood"and the City of Tigard city limits line;thence along said south line and said city limits line, South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the cast line of said plat and the northerly extension thereof,and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way line of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line and the southerly extension thereof and continuing along said city limits line,South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28"West 23.59 feet to the Point of Beginning. The above described tract of land contains 1126 acres,more or less. • 01/22/2021 ANNEXA1'ION �CERTIFIED PROFESS REGISTEREDIONALEY._� ,. v LAND SIURVEYOR FEB 16 2021 OREGON WASHINGTON COUNTY A&T S. u CARTOGRAPHY MICHEL 21191M311/21 _ . ........._ -8. EXHIBIT B g FN8817057 260.37' - — -4 ' -1- - A TRACT OF LAND LOCATED IN swsuu_mOUNTAIN RD if •- .. 1 11-IE NW 1/4 AND SW 1/4 OF -- -1-- SEC. 10, T2S, R1W, W.M., / oi 1:-.061-104 ‘,itatill9L9Ncqy,NTY, OREGON , ijoili. A I 1 ' i' w' 40 . ppRK I 1 pi -cr / Ego ---1,A H--I —53 I/s —A—) .--- --I \ :_, i •• I (tit- ---- FEB 1 6 2021 - ,.1 4., 4; ------1>•-•-.1._ g. , t-- -- 4.14st IINGTON C :T. . „,,itdoisTERE0 ••,,,,......„ . L_____=. _ i s,-,. –--.--ts AT - CARTOGRA, 4Y 67400FiraffrytR , pi ITSTii mor _...-— TI ___ .TRoftWilvw ./C6.4:t4,... OREGON ' ,''\. . "1-...."; RIDGEL 1 . ' Sw AarcN DR—, ''.--- -"1" UNE DF— ISMAEL S. ULNA S /i S8810'281 87.481 1 , fuoGre • 1,-,.4 ,.1 1 ,...1, I *ASK" I '''' ! 1 A / ' A 1 _m i. I 1 _ CITY OF TIGARD / wAREA:ort.i. movi 23.59' 1 CITY UMITS / POR4T OF BEGINNING , . NWCORNERN viEwOF PLAT OF ------ —JVO„re- ' -SW AUTUMNV1EW ST 1. I i--- SCALE: rimt 200 FEET , .._.............-____ \ } _114Cirl I if4 //1 • /--"T_ Pillialialidniiii IURNAGAIN—g ,-SW TURNAGA1N DR 200 0 40 100 2113 1.001/5. .- -..__,......-...t II'e i .; Id j jj -----.; 1 I E ; le CURVE TOE — '... :i lg it ..... CURVE RADIUS DMA LENGTH CHORD W 010 1 xi Cl 1500.00' 527'45* 143.01' S5614'4rW 142.951 ---------,% .158.5g34...M. .19,77 _ . ...._ . __ __ _.----\:,i- A C1 ANNEXATION MAP I 13 1-°1434/' 1142985131243"SW HERMANkRPRESMY, STEcnYtob°1FICTIGARD lel"H;:,01 S53'349TUALATIN, OR 97082 29.58 503.563.6151 VAWLAKS-ENG.CON 4959 blitk 4I Ulf I Nick tin 6 I Allo } EXHIBIT C Hearing Date:May 11.2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE .114 CITY COUNCIL s FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation(ZCA) ZCA2021-00002 APPLICANTS: Venture Properties,Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego,OR 97035 AKS Engineering&Forestry,LLC Attn: Mimi Doukas 12965 SW Herman Road,Suite 100 Tualatin, OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION II. PLANNING COMMISSION RECOMMENDATION. Planning Commission finds that the proposed annexation(ZCA2021-00002)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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the properties will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, 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 April 5, 2021), and one before City Council. (scheduled for May 11, 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 March 15,2021 (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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021,March 25, 2021,and April 1,2021) prior to the April 5, 2021 public hearing before the Planning Commission. City staff also posted the public PLANNING COMMISSION RECOMMENDATION PAGE 2 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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. MET'O 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15,2021 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 Beef Bend Road 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,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(I TSD)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; PLANNING COMMISSION RECOMMENDATION PAGE 4 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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. 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 Beef Bend Road 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 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; PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 May 11, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 maybe processed concurrently with an annexation application or after the annexation has been approved. Within the Washington PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5,2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 12 ZCA2021-00002 FROUDE ANNEXATION the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area, and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road.Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time.However,city sewer infrastructure either currently exists adjacent to the proposed annexation area,or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way.Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to PLANNING COMMISSION RECOMMENDATION PAGE 8 OF 12 ZCA2021-00002 FROUDE ANNEXATION receiving wastewater services. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation,both properties will be withdrawn from the Washington County Urban Road Maintenance District Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties 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. PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 12 ZCA2021-00002 FROUDE ANNEXATION Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County.Upon approval of this annexation,the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request.This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 owner of the subject properties submitted an annexation application to the City on February 22,2021. 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 April 5,2021) and before City Council(scheduled for May 11,2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1,2021;and the City published a PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 12 ZCA2021-00002 FROUDE ANNEXATION public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1,2021.As of April 13,2021,city staff has received four written comments from neighboring property owners with questions about future development plans for the subject properties, and about density standards and housing types allowed in the R-7 Zone. RESPONSE: The applicant is only requesting to annex the subject properties into the City of Tigard,and is not proposing any new development on the subject properties at this time. City staff also provided copies of Community Development Code Chapters 18.40 Measurements, 18.110 Residential Zones, and 18.200 Residential Development Standards to neighbors who requested more information about density standards and housing types allowed in the R-7 Zone. Attachments: Attachment 1: Zoning Map PLANNING COMMISSION RECOMMENDATION PAGE 11 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation (ZCA2021-00002) 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 ZCA2021-00002 to City Council. April 13.2021 PREPARED BY: Lina Smith Assistant Planner April 13.2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION PAGE 12 OF 12 ZCA2021-00002 FROUDE ANNEXATION i Attachment 1: R-2 Zoning Map R-1 i I - «Ρ- - City of Tigard, Oregon Generalized Zoning Categories mom Subject Site Zoning Classifications R-4.5 0 R-1 Residential Low-Density O R-2 Residential Low-Density 0 R-3.5 Residential Low-Density 0 R-4.5 Residential Low-Density 0 R-7 Residential Medium-Density 0 R-12 Residential Medium-Density D R-25 Residential Medium-High-Density R-40 Residential High-Density R-7 MUR-1 Mixed Use Residential 1 _. i MUR-2 Mixed Use Residential 2 • MU-CBD Mixed Use Central Bus Dist C-C Community Commercial II C-G General Commercial '~', i C-N Neighborhood Commercial 1 •C-P Professional Commercial •MUC Mixed Use Commercial / v f t S/ •MUC-1 Mixed Use Commercial 1 /." '�"/i �~ ours. ./ 1 ,i r oI I.a.n.ro room,.•ori..... .sours..The City of tet se to � ^,.•f the ene.o,��:��..er r�.n.•..or co..vrn.n..e of.nr - i .i m.a•i•.r.an.n n.....n.carr o ng•.e•n•u 4 pi ••Y� ..e.....- in•"som u•liability for any•nun,o sroo or !' � .In .•Inform•tton ororfa•e�ng•rdiess of cnaw c •..a. „.,,, A-0- .I�e 44 �„�,14. .r�; • r ile ,., ,,, , ..„, ...... ., \ , _, r,'' 4.1:,--.0 '''' ....' ‘ \ / " j ' .„--- ',, 1� Scale: 0.07 Mlles . y • �i ,Ki . . g :�/' fy��.,/ r-. ,r COMMUNITY DEVELOPMENT DEPARTMENT G. ;Q fl jr� City of Tigard ft.. . ¢- ,i ��, •._ y ~,`•—�f 13125 SW Hall Blvd . .. • /'j� p3 4, l @�'y f ��"i Map Created; Tigard,(503) 639-4171 ' i,: TIGAIit) 02/2612021 www.tigard-or.gov PUBLIC NOTICES 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 DECISION FOR: FROUDE ANNEXATION (ZCA2021-00002) ❑ 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,May 13.2021 and deposited in the United States Mail on May 13.2021 .postage prepaid. .4ot, Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the /I/ day of C/U .2021. aAL.-_;1 AM9 0,7 O } 1 1_GGttRIU L OR ADO 'e''�� L��►�c/v ;J1)TARPUBLIC,IC, ORCC;ON COMMISSION NO 911,117 MY COMMIS(I)N f:xr I«Fti ,; ,.,I9--11'1, ?nz, NOTARY P TBLIC OF OREGON My Commission Expires: M/i/20X.3 120 DAYS= N/A EXHIBIT ,9- DATE FILED: May 11,2021 DATE MAILED: May 13,2021 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF DECISION BY THE CITY COUNCIL Case Number: ZCA2021-00002 (QUASI-JUDICIAL ANNEXATION). Case Name: FROUDE ANNEXATION Applicant: Venture Properties. Inc..4230 SW Galewood Street.Lake Oswego. OR 97035 Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust. 12200 SW Bull Owners: Mountain Road.Tigard.OR 97224 Address of Property: 12200 SW Bull Mountain Road Tax Map/Lot Nos.: WCTM 2S110BC.Tax Lot 1300 and WCTM 2S110CB.Tax Lot 1800 A FINAL DECISION INCORPORATING THE FACTS, FINDINGS, AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION (ORDINANCE NO. 2021-101. 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 APRIL 5. 2021. AND UNANIMOUSLY RECOMMENDED APPROVAL TO CITY COUNCIL. THE CITY COUNCIL HELD A PUBLIC HEARING ON MAY 11. 2021, PRIOR TO MAKING A DECISION ON THIS REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS,FINDINGS,AND CONCLUSIONS CONTAINED WITHIN ORDINANCE NO. 2021-10. REQUEST:The applicant requests to annex the two (2)properties listed below into the City of Tigard.No new development is proposed on the subject properties at this time.LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800). 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: ❑x 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. 2021-10 (JUNE 10,2021),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 LinaCS@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 LinaCS@tigard-or.gov. Zoning Map R-1 _—` City of Tigard. Oregon Generalized Zoning Categories Subject Site Zoning Classifications R-4.5 R-1 ResidentialLow-Density R-2 RKid entialLow-Density R-3.5 R esid ant is I Low-Density R-4.5 Resident is I Low-Density R-7 REidentialMedium-Density R-12 RESidenti al Medium-Density R-2SReidential Medium-High-Density R-40 Residential High-Density i'S. MUR-1 Mixed Use Residential 1 . MUR-2 Mixed Use Residential 2 •MU-CBD Mixed Use Central Bus Dist C-C Community Commercis I 1 •C-GGeneral Commercial C-N Neighborhood Commercial ■C-P Professional Commercial 1 •MUCMix ed Use Commercial t `y '~ MUG1 Mixed Use Commercial1 •,11 77 j,rii.-4 ::/:,t ' 4' n fr !F` - { If1,.J-1 e!i Mixed o re,..ci 11 al TISfr1 f,.f le,.a e a.frrf f t 1:Npre,.ea t.clef,n 11 f ra I lee f,.to Ire[,ftefI ad,..ldd tine....,.der[en61et6.e,.de 1 f I tl n"..1.;.:'. ie la[f or IIa1M11 f lerefi•.rror.1 61..lof d,er 11 Ye[,.rf I.Is tle lllorna al.P er1l�ea na,3 riled,.of f kr' '=t f \ 1 NsSCG: 0.07 Mita _ King C - ` COMMUNITY DEVELOPMENT DEPARTMENT y T C " ,., 13125 SW Ha I I Blvd ~ :- • r:,. Tigard.OF 57223 Map Crcalad: (503) 639-4171 0212812021 www.1igard-or.gov TIGARD CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-11(9 AN ORDINANCE ANNEXING TWO(2) PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BEEF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES 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 222.120(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 222.120(5) and 222.520 to withdraw properties which currently lie within the boundaries of the Tigard Water District,Washington County Enhanced Sheriff's 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 April 5, 2021,and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S110BC, Tax Lot 1300, and WCTM 2S110CB, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels 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 April 5,2021 and May 11,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties 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 properties 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 parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 21-10 Page 1 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" (ZCA2021-00002) 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 222.120(5),the effective date of the withdrawal of the properties 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 jJ/1,m/ina.14- vote of all council members present after being read by number and title only,this //1 day of 7224 y ,2021. Carol A.Krager,City Recoder APPROVED: By Tigard City Council this /1 ¢A'day of 772,4,4 ,2021. 0.40.0 J on B.Snider,Mayor Approved as to form: �� Certified to be True Copy of(J►t✓i rt Q t (1--11/ y ,.�`��,,OF T!G '��,, City rtarne 5/12/2021 City Recorder—Oty of ligarir ci •. tS1Clfi Date Date � /?, a .._t, '� ORDINANCE No. 21-40 *=SEA �S O �, Page 2 �''i °P0RppRAr 1ueuafn, AKS Job#4959 P:(5035)5 14155 Roadng.c°m MSA lamessalS INQN .SuT .L OR 97062 151 I www. ENGp4kgRiNG&Comoro" .. ..... „.,..—_.. _ .,, OFFICES IN:AEkO,OR• Ka7E14 OR-TUAtATIN,ORn--VANCOUVER,WA ... EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South,Range 1 West,Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights",also being on the City of Tigard city limits line;thence along said city limits line and along the west line of said plat and the southerly extension thereof,South 01°37'55"West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line, South 58°58'34"West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of 1500.00 feet,Delta of 05°27'45",Length of 143.01 feet,and a Chord of South 56°14'41"West 142.95 fret;thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said east line,North 01°49'12"West 1037.35 feet to the south line of the plat of"Thornwood"and the City of Tigard city limits line;thence along said south line and said city limits line, South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the cast line of said plat and the northerly extension thereof,and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way tine of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line.and the southerly extension thereof;and continuing along said city limits line, South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28"West 23.59 feet to the Point of Beginning. The above described tract of land contains 1126 acres,more or less. 01/22/2021 ANNEXAZION CERTIFIED IP = ) ORFAISt ION= JIL. ° SURVEYOR / FEB 1 S 2021 OREGON WASHINGTON COUNTY A&T 11/4 MICE s Its CARTOGRAPHY Rt.tt1K 730/21 �Ir�-- -f g �N881r05 0033r� EXHIBIT B _ - A TRACT OF LAND LOCATED IN 3W BULL MOUNTAIN Rb -�-�': `.�-�, ' .,, THE NW 1/4 AND SW 1/4 OF ' L - ,--- / - ,- SEC. 10, T2S, R1 W, W.M., i., u Qr1 iTY, OREGON 1_Igo i I _I.,' * qv/ " — 1. ,. . 2 1 j \_ t ; I s i -- / — FEB ! 62021 __ _____---,---:-7-,-,...L.. -r._ - .' ,,,.. ' 02/09/2021 g- 17,.- t ,911INGTQN G :«' + , ,;' sTERED iy " • RI LAMD SURY YOR N r 1 : . �_ _ JANUARY12,,N2016 ''''SW ASPEN RIDGE DR t ' °-- —NORTH LINE OF-- MAIL S. KALNA sr-I -I -I 1 THE SW 1/4 — /sU/Y1 S881028E 8746 , ; ' for , I - . ! � ,-. e& I N CITY OF TIGARD AREA: N8810'28'W�23.59' , CITY LMIITs 1/ 11.26 ACRES± POINT OF kotei NG /f�// NW CORN`EROFPLAT eOF - 'i `- / "SOUTH 1tK71 T1Li1i1'7 � --'--.i -SMV AUTUMNVIEW ST , GHTS.° { i---- SCALE: 1" 200 FEET i I i; / ' 1 1 I I ,EI .--SW TURNAGAIN DR niii ,� IA - 0 4o too 202I -.14- Ppl ---") $ ( CURVE TABLE • i L' CURVE RADIUS DELTA LENGTH CHORD f \ CI 1500.00' 5'27'45" 143.01' S5614'411 142.95 ~-t 7 ' S58181341V 143.77' __ -A:',I / CITY OF TIGARD EMT Ct ANNEXATION MAP • B I.=143.01' AKS ENG &FORESTRY. LIC 1'Li,,- 0. 12955 SW HERMAN Im, SIE 100 Ai( t�:,i's r �'� WI' a' S533O 49 W TUX.A'1P OR 97082 NKS V.AKS-ENG.COM 4959 28.58 503.563.61S1 W. lrotia'unNeu Lai ridneil EXHIBIT C Hearing Date: May 11,2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON T 1 G A RD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation (ZCA) ZCA2021-00002 APPLICANTS: Venture Properties,Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego, OR 97035 AKS Engineering&Forestry,LLC Attn:Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION II. PLANNING COMMISSION RECOMMENDATION, Planning Commission finds that the proposed annexation (ZCA2021-00002)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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORMATION, The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the properties will be zoned R-7(Medium-Density Residential),under City of Tigard designations. The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15, 2021 (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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021,March 25, 2021,and April 1,2021) prior to the April 5, 2021 public hearing before the Planning Commission. City staff also posted the public PLANNING COMMISSION RECOMMENDATION PAGE 2 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 heating 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15,2021 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 Beef Bend Road 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; PLANNING COMMISSION RECOMMENDATION PAGE 4 OF 12 ZCA202I-00002 FROUDE ANNEXATION 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. 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. 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 Beef Bend Road 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 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; PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 12 ZCA2021-00002 FROUDE ANNEXATION ANY 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 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 May 11, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 18.7201 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 OP 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 12 ZCA2021-00002 FROUDE ANNEXATION isiwar the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area, and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road. Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time. However,city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to PLANNING COMMISSION RECOMMENDATION PAGE 8 OF 12 ZCA2021-00002 FROUDE ANNEXATION receiving wastewater services. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties 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. PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 12 ZCA2021-00002 FROUDE ANNEXATION avow Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County. Upon approval of this annexation,the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 owner of the subject properties submitted an annexation application to the City on February 22, 2021. 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 April 5,2021) and before City Council(scheduled for May 11,2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1,2021; and the City published a PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 12 ZCA2021-00002 FROUDE ANNEXATION public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021,March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1,2021.As of April 13,2021,city staff has received four written comments from neighboring property owners with questions about future development plans for the subject properties, and about density standards and housing types allowed in the R-7 Zone. RESPONSE: The applicant is only requesting to annex the subject properties into the City of Tigard,and is not proposing any new development on the subject properties at this time. City staff also provided copies of Community Development Code Chapters 18.40 Measurements, 18.110 Residential Zones, and 18.200 Residential Development Standards to neighbors who requested more information about density standards and housing types allowed in the R-7 Zone. Attachments: Attachment 1: Zoning Map PLANNING COMMISSION RECOMMENDATION PAGE 11 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation (ZCA2021-00002) 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 ZCA2021-00002 to City Council. April 13. 2021 PREPARED BY: Lina Smith Assistant Planner 7FApril 13.2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMnIISSION RECOMMENDATION PAGE 12 OF 12 ZCA2021-00002 FROUDE ANNEXATION Attachment 1: ' R-2 Zoning Map R-1 i _ --' _'.•-' City of Tigard, Oregon Generalized Zoning Categories limo Subject Site Zoning Classifications R-4.5 O R-1 Residential Low-Density El R-2 Residential Low-Density O R-3.5 Residential Low-Density 0 R-4.5 Residential Low-Density 0 R-7 Residential Medium-Density 0 R-12 Residential Medium-Density 7-1 R-25 Residential Medium-High-Density R-40 Residential High-Density R-7 MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 • MU-CBD Mixed Use Central Bus Dist • C-C Community Commercial le C-G General Commercial ,..----.\ i C-N Neighborhood Commercial f � C-P Professional Commercial / 4 .,MIP UC Mixed Use Commercial t c/ • MUC-1 Mixed Use Commercial 1 .r 0 '0. ...5_,A ,/ jam+ r --'f•' // J�/' D.tt Is dodo.from multiple sources.The City of Tlp.rd makes now .ramp....tile Mallon�or guerentee.3 to mbcc :omelet onnt,accorecy,tirtnllnees or cmelet.n.e.of ens of the date provided ee,eln.The city el Tigere shoo ./'..+ inaccuracies In ins lltMermotiion pro o.oldeair iond.or ' rroy� eStons.or of Q' ...P-..r ^ new<.<..e. lk P *..— ..* �' ., 4e Vit} r` /�4 ; p 1l f /--0_,„-\ b Scaie: 0.07 Mlles iiros1+ 'King •,` , /'; `>-' �. *-. `� COMMUNITY DEVELOPMENT DEPARTMENT �'^ W City? f 4 „..., 4' tjc City of Tigard �;� ��' `s ii4 *q;',-.1 �� 13Tigard, OR 125 SW 197223 l Blvd 311 u , r7 Map Created: (503) 639-4171 ' l r./• " TIG.AIi� 02126/2021 www.tigard-or.gov EXHIBIT /5 City ofTigard City ofTigard 11 q Community Development q Community Development i : .4ATTN: Lina Smith "s ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 VENTURE PROPERTIES, INC. AKS ENGINEERING & FORESTRY, LLC ATTN: KELLY RITZ ATTN: MIMI DOUKAS 4230 SW GALEWOOD STREET 12965 SW HERMAN ROAD, SUITE 100 LAKE OSWEGO, OR 97035 TUALATIN, OR 97062 City ofTigard City ofTigard ., Community Development „ Community Development ATTN: Lina Smith : - . ATTN: Lina Smith 13125 SW Hall Blvd. 13125 SW Hall Blvd. TIGARD TIGARD Tigard, OR 97223 Tigard, OR 97223 BEVERLY FROUDE SURVIVORS TRUST AND ANGARAN,JAMES M & SALLY J CARL J. FROUDE CREDIT SHELTER TRUST LIVING TRUST 12200 SW BULL MOUNTAIN ROAD BY ANGARAN, SALLY J TR TIGARD, OR 97224 12018 SW STRINGER LN TIGARD, OR 97224 City ofTigard City ofTigard III „ Community Development ., Community Development ATTN: Lina Smith ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 MOON, CINDY R JARRETT, KATHLEEN TEYLER 15413 SW TURNAGAIN DR 12066 SW TURNAGAIN DR TIGARD, OR 97224 TIGARD, OR 97224 City ofTigard ., Community Development ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 BURKHARDT,JACOB M NEU, BLAINE M 12071 SW TURNAGAIN DR TIGARD, OR 97224 AFFIDAVIT OF POSTING NOTICE City of Tigard IIII to Planning Division 13125 SW Hall Boulevard TIGARD Tigard, OR 97223 In the Matter of a Quasi-Judicial Annexation,processed through a Type III-Modified Procedure: Land Use File No.: ZCA2021-00002 Land Use File Name: FROUDE 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 12200 SW Bull Mountain Road. a copy of said notice being hereto attached and by reference made a part hereof, on the 15th day of March 2021. _ .. .IC�. 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 23 day of VuVe-- ,20 21 . OFFIGIAL STAMP / -- , :j(�' a EDGARDO MALDONADO . �' ♦i \ �,� �� ,ii j tnl�Y PURL Ir, OREGON � �, /� //i a s.. )MMiS`,tnN NI) Uc+1'117 MY COMMISSIUN EXPIRES OUT OBER o ,q):M NOTARY PUTT. C OF OREGON My Commission Expires: ia01/2003 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, April 5, 2021. Tigard City Council will conduct a public hearing on this application beginning at 7:30 p.m. on Tuesday, May 11, 2021. Attend the Virtual Hearings: www.tigard-or.gov/city_hall/public_hearings.php - FROUDE ANNEXATION - QUASI-JUDICIAL ANNEXATION CASE NO. ZCA2021-00002 REQUEST: The applicant requests to annex the two (2) properties listed below into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800). 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. h AFFIDAVIT OF MAILING 111 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 Public Hearing FOR: Froude Annexation ZCA2021-00002 ❑ 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, March 1. 2021 and deposited in the United States Mail on March 1.2021 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) / Subscribed and sworn/affirmed before me on the I/ day of A/412&61 ,2021. r./;:_L)(14ADo i r,,I )1\I ! / f(�17q NOTARY P :LIC OF OREGON My Commission Expires: /0'e)/-2.02.3 EXHIBIT (i- me i 114Notice of Land Use Public Hearing '� Quasi Judicial Annexation TIGARD, Froude Annexation (ZCA2021-00002) March 1, 2021 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 Froude Annexation (ZCA2021-00002) Case Number: Location: 12200 SW Bull Mountain Road;WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 Request: The applicant requests to annex the two (2) properties listed above into the City of Tigard. No new development is proposed on the subject properties at this time. Planning Commission 7 PM on Monday,April 5, 2021 Public Hearing: City Council 7:30 PM on Tuesday, May 11, 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 Applicant: Venture Properties, Inc. 4230 SW Galewood Street Lake Oswego, OR 97035 Applicant's Representative: AKS Engineering& Forestry,LLC Attn: Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 Property Owners: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard, OR 97224 Zone: Upon annexation, the subject properties 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 City of Tigard, Community Development Department • 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 2 of 3 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. 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 R-2 Zoning Map City of Tigard, Oregon Generalized Zoning Categories Subject Site Zoning Classifications R-4.5 O R-1 Residential Low-Density 0 R-2 Residential Low-Density . 0 R-3.5 Residential Low-Density El R-4.5 Residential Low-Density LI R-7 Residential Medium-Density LI R-12 Residential Medium-Density 0 R-25 Residential Medium-High-Density 0 R-40 Residential High-Density 0 MUR-1 Mixed Use Residential 1 ®MUR-2 Mixed Use Residential 2 • MU-CBD Mixed Use Central Bus Dist ' rewr .K—+ •C-C Community Commercial •C-G General Commercial O C-N Neighborhood Commercial i,. •C-P Professional Commercial 4 ,' ■ MUC Mixed Use Commercial ti t •-, � _ P .. ■ MUC-1 Mixed Use Commercial 1 A - 1 _ Data l derived from multiple:Dorcas The City of T 9ard it .F--- . I makes no warranty retpresentation or guarantee as to "" timeliness or co / / the courant accaracy ,mal n completeness of any '• '� of the data provided hereon The City of Tigard shall / o liability for any errors. +rsr Jf inaccuracies the i formation p ovided regardless of [., _ _ how caused 1- f.-- L 0 '‘ 4.440)' -,-- * f,1 1 R > rG t Scale: 0.07 Miles .i ! King CityCOMMUNITY DEVELOPMENT DEPARTMENT q ` City of Tigard 4 �. --.\ r,:; 13125 SW Hall Blvd t,1.^' I Tigard, OR 97223 Map Created: (503) 639-4171 ► r 02/26/2021 www.tigard-or.gov T 1 t ,�11) y fit EXHIBIT B 2S110BD04000 2S110BC01800 2007 ARMSTRONG FAMILY TRUST ABEL,NEIL&DAGNY BY ARMSTRONG,DANIEL&CYNTHIA TRS 11982 SW VIEWCREST CT 11959 SW ELEM AR CT TIGARD,OR 97224 TIGARD,OR 97224 2S110CB13000 2S110CB06100 AHLGREN,DEBBORA ANNE AICHER,LYNDA L&CHRISTOPHER J 12065 SW AUTUMNVIEW ST 15340 SW TURNAGAIN DR TIGARD,OR 97224 TIGARD,OR 97224 2S110BC10300 2S110BC05400 ALEXANDER FAMILY REVOC LIVING TRUST ALKHAROUBI,AHMED BY ALEXANDER,JOSEPH&SALLY TRS 11529 SW PACIFC HWY,STE B 12047 SW CAFFALL LN PORTLAND,OR 97223 TIGARD,OR 97224 2S110CB11600 2S110BC12700 AMINU,AL-FAROUQ ANASTASIOU,ANASTIS TEKESTE,HELINA ANASTASIOU,HARRY 15172 SW HARVEYS VIEW AVE 17 PARTRIDGE LN TIGARD,OR 97224 LAKE OSWEGO,OR 97035 2S110CB12200 2S110BC11200 ANDERSON,JUSTIN&SUVARNA ANGARAN,JAMES M&SALLY J LIVING TRUST 15062 SW HARVEYS VIEW AVE BY ANGARAN,SALLY J TR TIGARD,OR 97224 12018 SW STRINGER LN TIGARD,OR 97224 2S110CB11100 2S110BC03700 ARLINGTON HEIGHTS NO.3 HOA ASHBY,JEFFREY M BY BLUE MOUNTAIN COALMUNITY MANAGEMENT ASHBY,LENIE S 17933 NW EVERGREEN PKWY,STE 200 12345 SW WINTERVIEW DR BEAVERTON,OR 97006 TIGARD,OR 97224 2S110BC13200 ATN:DONNY LEE ASPEN RIDGE HOMEOWNERS ASSN SECTOR HOUSING OFFICER BY VIAL FOTHERINGHAM LLP 2185 SE 12TH PLACE 17355 SW BOONES FERRY RD STE A WARRENTON,OR 97146 LAKE OSWEGO,OR 97035 2S110CB80017 2S110CB90011 AUTEN,JAN M TRUST BACKAL\N,WILFRED H&JUDITH R 12088 SW KING ARTHUR ST UNIT C 12160 SW ROYAL CT#B KING CITY,OR 97224 KING CITY,OR 97224 2S110CB11800 2S110CB05100 BADOWSKI,NORBERT F BALZER,MICHAEL J 15152 SW HARVEYS VIEW AVE 2839 NW LAKE RD TIGARD,OR 97224 CAALIS,WA 98607 2S110CA03401 2S110CB14700 BARKER,BRADLEY&MICHELLE FAMILY TRUST WAXIER,WILLIAM G 31 DA VINCI ST 15238 SW HARVEYS VIEW AVE LAKE OSWEGO,OR 97035 TIGARD,OR 97224 2S110BC11600 BEILKE,SUSAN BECK,DUSTIN&KATIE 11755 SW 114TH PLACE 12303 SW WINTERVIEW DR TIGARD,OR 97223 TIGARD,OR 97224 2S110CB90026 2S110BCO2300 BLAIR,MILO BOITANO,TIMOTHY DEAN& 12072 SW ROYAL CT CAROLYN M KING CITY,OR 97224 11988 SAY/ASPEN RIDGE DR TIGARD,OR 97224 2S110CB80016 2S110CB80031 BORROR,SHELLEY&GORDON BO LI MILEY,KATHLEEN 12065 SW IMPERIAL AVE 12015 SW IMPERIAL AVE KING CITY,OR 97224 KING CITY,OR 97224 2S110CB14600 2S110CB01600 BRAVO,ARNIANDO BRAYTON,JULIE B BAIG,FATIMA BRAYTON,LOIS A 15181 SW HARVEYS VIEW AVE 15475 SW 123RD AVE TIGARD,OR 97224 KING CITY,OR 97224 2S110CB01100 2S110BC10700 BROD,S LEPHEN D&YVONNE W BRONSON,STEPHEN D&DAWNMARIE 15575 SW 123RD AVE 12059 SW STRINGER LN KING CITY,OR 97224 TIGARD,OR 97224 2S110CB02600 2S110CB80021 BROSTERHOUS,EUGENE&WILLA FAMILY BROWDER,MARIAN H REVOCABLE TRUST 12066 SW KING ARTHUR ST#B 12140 SW PAR 4 DR KING CITY,OR 97224 KING CITY,OR 97224 2S110CB02901 2S110BC04500 BROWN,MARK BRUCE,LEIF&SIERRA 12040 SW PAR 4 DR 12465 SW ASPEN RIDGE DR KING CITY,OR 97224 'TIGARD,OR 97224 BUEHNER,GRETCHEN 2S110CB11400 PO BOX 230268 BUI,VIET QUOC&SHANNON NATSUKO TIGARD,OR 97281 15212 SW HARVEYS VIEW AVE TIGARD,OR 97224 2S110BC06000 2S110CB14000 BUIZON,ARTHUR Z&GERILDINE BURKHARDT,JACOB M 12350 SW THORNWOOD DR NEU,BLAINE M TIGARD,OR 97223 12071 SW TURNAGAIN DR TIGARD,OR 97224 2S110CB13700 2S110CB90013 BURNE FIE,DAVID G&THERESA ANN BUSTOS,JOE M&ANNETTE B 14305 SW 114TH AVE 12160 SW ROYAL COURT#C TIGARD,OR 97224 PORTLAND,OR 97224 2S110CB07400 CAFFALL,REX BUXTON TRUST 13205 SW VILLAGE GLENN BY BUXTON,RODNEY P JR&MARIS S TRS TIGARD,OR 97223 15427 SW TURNAGAIN DR TIGARD,OR 97224 2S110BD06400 2S110BC07500 CAMPBELL,WILLLVM P&ALLISON R CANTRELL,DONALD P&DENISE L 11960 SW ASPEN RIDGE DR 12360 SW ASPEN RIDGE DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB12900 2S110CB13900 CARLISLE,CHARLES A&MICHELLE M CARMIENCKE,MICHA 12053 SW AUTUNINVIEW ST 12055 SW TURNAGAIN DR TIGARD,OR 97224 TIG-1RD,OR 97224 CAROL RENAUD 2S110CB80020 COUNTY ADMINISTRATIVE OFFICE-COMMUNITY CARTER,JOHN A&SHARON A SHOUP ENGAGEMENT FAMILY LIVING TRUST 254 N FIRST AVENUE MS20 2803 BAMBOO CT HILLSBORO,OR 97124 LAKE HAVASU CITY,AZ 86404 2S110CB80015 2S110BC05600 CHANDLER,CAROL A CHEUNG,DAVID HA&LIANA LA REV TRUST 12088 SW KING ARTHUR ST,#333B 2231 SKYLINE DR KING CITY,OR 97224 MILPITAS,CA 95035 2S110CB80013 2S110CB80033 CHILDERS,EVA M CHINN,WILLIAM 12095 SW IMPERIAL AVE 12022 SW KING ARTHUR ST#B KING CITY,OR 97224 TIGARD,OR 97224 2S110BC04400 2S110BC04100 CHINNALAN,RAJENDRAN CHRISTENSEN,BRYAN E&LILY 12440 SW WIN 1ERVIEW LN 12370 SW WINTERVIEW LN TIGARD,OR 97224 TIGARD,OR 97224 CITY OF TIGARD 2S110BC00501 ATTN:LINA SMITH CLINTON FAMILY REVOCABLE TRUST 13125 SW HALL BLVD. BY JACK&I LkRY CLINTON TIGARD,OR 97223 14670 SW HAZELTREE IER TIGARD,OR 97224 2S110BC06400 CONNERY,STACY COMRIE,JOHN P&CHERYL M 12564 SW MAIN STREET 12365 SW ASPEN DR TIGARD,OR 97223 TIGARD,OR 97223 2S110BC09700 2S110CB04700 COOPER,BENJAMIN CORNWELL,VANESSA 14560 SW 120TH PL 15257 SW TURNAGAIN DR TIG_1RD,OR 97224 PORTLAND,OR 97224 CRAGHEAD,ALEXANDER 2S110CB12700 12205 SW HALL BOULEVARD CUFFIE,KIB11E TIGARD,OR 97223-6210 LATHAN,JAMIL 1 12021 SW AUTUMNVIEW ST TIGARD,OR 97224 2S110CB07900 2S110CB90021 CUNNINGHAM,DAVID&JANICE ANN D'ANGELO,l\L1RK D 12465 SW AUTUMNVIEW ST D'ANGELO,ANTHONY P TIGARD,OR 97224 PO BOX 1036 BEAVERTON,OR 97075 2S110CB01710 2S110BC08000 DAUM,BRYAN FRANCIS&NANCY LYNN DEBIEN,MICHAEL 12220 SW PAR 4 DR 12438 SW ASPEN RIDGE DR KING CITY,OR 97224 TIGARD,OR 97224 2S110BD04300 DEFILIPPIS,VICTOR DECLERCQUE,KEVIN M&LISA M 13892 SW BRAYDON CT 11964 SW ELEM AR CT TIGARD,OR 97224 TIGARD,OR 97224 2S110BC03600 2S110CB05400 DEJONG,JOSHUA&AMANDA DELSOUZ,ALBORZ BAHRI&ti'ADELINE HANNAH 12365 SW WINTERVIEW DR 15391 SW TURNAGAIN DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB13800 2S110CB06800 DIAMOND,JESSICA SUZAN&PE TER DIMMER,LARK& 12033 SW TURNAGAIN DR GEORGE,KATHY TIGARD,OR 97224 15327 SW 122ND AVE TIGARD,OR 97224 2S110CB06900 2S110CB90005 DOLINNY,DOMNIKA V&VIKTOR M DONALDSON,MELENA 15349 SW 122ND 12235 SW KING ARTHUR ST TIGARD,OR 97224 KING CITY,OR 97224 2S110CB90002 2S110CB01707 DOOLEY,MARY ANN DORR,GEORGANNE HUNT,DAVID E SR 12250 SW PAR 4 12272 SW ROYAL CT KING CITY,OR 97224 KING CITY,OR 97224 DOUKAS,AIIMI 2S110BCO2700 AKS ENGINEERING AND FORESTRY,LLC DOWSETT,SHARON P SURVIVOR'S TRUST 12965 SW HERALAN ROAD#100 14640 SW 120TH PL TUALATIN,OR 97062 TIGARD,OR 97224 2S110CB01706 2S110BC11100 DUERFELDT,PHILLIP E DUNCAN,SEAN JP 12260 SW PAR 4 DR GARCIA,VANESSA ACOSTA KING CITY,OR 97224 12036 SW STRINGER LANE TIGARD,OR 97224 2S110CB11700 2S110CB01200 DURR-1NI,QURATULAIN EDWW'_3RDS,ALICE RUTH TR NIAZI,HARRIS KHAN 15555 SW 123RD AVE 15166 SW HARVEYS VIEW AVE KING CITY,OR 97224 TIG-1RD,OR 97224 2S110BC05300 2S110BC09300 EGAN,TRACY S& EISAWY,AHMED BITTS,LAURA K BADRAN,OMNIA 12265 SW THORNWOOD DR 12498 SW WINTERVIEW DR TIGARD,OR 97224 TIGARD,OR 97223 2S110CB06200 2S110BCO2800 ELLIS,SHANNON TRUST EMRICK,NICOLE M 15318 SW TURNAGAIN DR 14680 SW 120TH PL TIGARD,OR 97224 TIGARD,OR 97224 ENGVALL,ANN 2S110CB05000 15461 SW 82 PL ENSAF,PEYI`LAN TIGARD,OR 97224 BAGHERY,1\JARJAN 15313 SW TURNAGAIN DR TIGARD,OR 97224 2S110CB01500 2S110BC07700 ERICKSON FAMILY REVOCABLE LIVING TRUST ERNST,ROBERT H&DEFY J BY ERICKSON,KAARE 0&SHARON D TRS 12410 SW ASPEN RIDGE DR 15495 SW 123RD AVE TIGARD,OR 97224 KING CITY,OR 97224 2S110CB 13200 2S 110CB05200 ESTERLINE,CHRIS JOHN EVANS,FRANK D 12087 SW AUTUMNVIEW ST 15357 SW TURNAGAIN DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB90023 2S110CB80034 FENTON,SCOTT FIDEL,KATHYANN 4957 N PRINCETON ST 12005 SW IMPERIAL AVE PORTLAND,OR 97203 KING CITY,OR 97224 2S110CB90018 2S110CB11300 FIGLIULO,JULIANNE FILZEN,GREGORY J 12115 SW KING ARTHUR ST 15230 SW HARVEYS VIEW AVE KING CITY,OR 97224 TIGARD,OR 97224 2S110BC00700 2S110CB90006 FITZWATER LIVING TRUST FLOCK DEIRDRE L LIVING ''RUST BY FITZWATER,D SCOTT& 12238 SW ROYAL CT FITZWATER,KARLENE G TRS KING CITY,OR 97224 12350 SW CORYLUS CT TIGARD,OR 97224 2S110BC12000 2S110CB80002 FOOTT,JEFFREY B&ANGELA B FORBISH,PAMELA 14782 SW 122ND PL 12284 SW KING ARTHUR ST TIG-1RD,OR 97224 KING CITY,OR 97224 2S110BC07900 2S110BC01900 FORTNER,PATRICK D&MARGARITA FOWLER FAMILY TRUST 12432 SW ASPEN RIDGE DR BY FOWLER,ROBERT E AND PEGGY Y TRS TIGARD,OR 97224 11981 SW ASPEN RIDGE DR TIGARD,OR 97224 2S110CB08000 2S110CB80029 FOWLER,MARK A&DEBRA S FRANTZ,DENNIS 12433 SW AUTUMN VIEW ST ALEXANDER,CLARA Z TIGARD,OR 97224 12044 SW KING ARTHUR ST UNIT C KING CITY,OR 97224 2S110CB05700 2S110BD01000 FRELLY,ETHAN A FRENCH DISCLAIMER TRUST LOSTUMBO-FRELLY,DANIELA BY FRENCH,ROSY LAND B TR 15428 SW TURNAGAIN DR 11925 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 multiple 2S110CB09100 FROUDE,BEVERLY SURVIVOR'S TRUST FUCHS,ARNOLD C&SHIRLEY K FROUDE,CARL J CREDIT SHELLER TRUST 14996 SW SUMMERVIEW DR 12200 SW BULL MTN RD TIGARD,OR 97224 TIGARD,OR 97224 2S110CB06500 2S110BC06100 FUDGE,MICHAEL J&NATALIE D FULCHER,JOHN M&SANDRA L 15232 SW TURNAGAIN DR 12370 SW THORNWOOD DR TIGARD,OR 97224 TIGARD,OR 97224 2S110BC07100 2S110CB90001 GALLAGHER,SCOTT A&SARAH L GALLIEN,BEVERLY 12270 SW ASPEN RIDGE DR 12265 SW KING ARTHUR ST TIGARD,OR 97224 KING CTTY,OR 97224 2S110CB07500 2S110CB04900 GANG,BOBBY&GLADYS GANSIANTY,LIDIAWATY& 15435 SW TURNAGAIN DR STEVEN,ANDREAS TIGARD,OR 97224 15271 SW TURNAGAIN DR TIGARD,OR 97224 2S110BA06800 2S110BC04800 GARCIA,SERGIO TAPLA GARNER,GARTH J GONZALEZ,MA ISABEL GARDUNO 12365 SW THORNWOOD DR 12036 SW WILDWOOD ST PORTLAND,OR 97224 TIGARD,OR 97224 2S110CB02500 2S110BC04600 GERARD LIVING TRUST GERMANO,CHRISTOPHER&MONICA B BY GERARD,CHARLES G&RENITA C TRS 12459 SW ASPEN RIDGE DR 12150 SW PAR 4 DR TIGARD,OR 97224 KING CITY,OR 97224 2S110BC13000 2S110BD06500 GINEST,DONAVAN LEROY&LANI NGUYEN GLAZIER,DON C&JANEIL A 12045 SW ASPEN RIDGE DR 11944 SW ASPEN RIDGE DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB90022 2S110CA03701 GOSS,KERMA A& GREENFIELD,JAMES R RICHARD,MAY J 15105 SW 119TH AVE 12092 SW ROYAL CT TIGARD,OR 97224 KING CITY,OR 97224 2S110CB12500 HADLEY,BONNIE CHAIR CPO 4B HADDADI,ALIREZA 16200 SW PACIFIC HWY,SUITE H,BOX 242 15020 SW HARVEYS VIEW AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110BC11500 2S110CB03200 HALL,DANIEL T&JACQUELENE N HALL,DOUGLAS S&RENEE M 12315 SW WINTERVIEW DR 12311 SW AUTUMNVIEW ST TIGARD,OR 97224 TIGARD,OR 97224 2S110BC12400 HAMILTON,LISA CPO 4B VICE CHAIR HALL,MICHAEL&JUDY 13565 SW BEEF BEND ROAD 14773 SW 122ND PL TIGARD,OR 97224 TIGARD,OR 97224 2S110BCO2000 2S110CB80028 HANSEN,ERIC&LESLIE HARSHFIELD,JEANNE E 12096 SW ASPEN RIDGE DR 12025 SW IMPERIAL AVE TIGARD,OR 97224 KING CITY,OR 97224 2S110CB01704 2S110CA04500 HARTVICKSON,LEONARD TRUST HARVEY,ARTHUR R LIVING TRUST HARTVICKSON,H DEANNE I'KUST 15157 SW 119TH AVE 12280 SW PAR 4 DR PORTLAND,OR 97224 KING CITY,OR 97224 2S110CB03700 2S110BC06900 HASSAN,ZOHOUR&KHATERA 1-AUGEN,BRADLEY A&BRI FIANY 12344 SW AUTUMNVIEW ST 12255 SW ASPEN RIDGE DR PORTLAND,OR 97224 TIGARD,OR 97224 2S110CB80003 2S110BB02000 HAWES,VIOLET E HELSETH,DENNIS H&NANCY L 12275 SW IMPERIAL AVE 14420 SW HAZELHILL DR KING CITY,OR 97224 TIGARD,OR 97224 2S110BC03400 HERING,J.BLAKE HENTHORNE,DILLON J&ALEXANDRA GANTRY,INC. 12425 SW WINTERVIEW DR 121 SW MORRISON,SUITE 210 TIGARD,OR 97224 PORTLAND,OR 97204 2S110BC05200 2S110BC12200 HONG,AMY&ANH HOOKER,JASON R&MARA D 12285 SW THORNWOOD DR 14811 SW 122ND PL TIGARD,OR 97224 TIGARD,OR 97224 Aiimmimmiw HOWL.AND,HAROLD AND RUTH 2S110CB80036 13145 SW BENISH HUI,FRANCISCO TIGARD,OR 97223 12022 SW KING ARTHUR ST UNIT A KING CITY,OR 97224 2S110BC06500 2S110BC03900 HUMMEL,LEVY J&MOLLY J HUMMERT,ROBERT S&SHARON A 12345 SW ASPEN RIDGE DR 12330 SW WINTERVIEW LN TIGARD,OR 97224 TIGARD,OR 97224 2S110BC05700 2S110CB05300 IMWALLE,JEFFREY E&HEATHER M ISHIKAWA,REID Y 12290 SW THORN WOOD DR 15379 SW TURNAGAIN DR PORTLAND,OR 97224 TIGARD,OR 97224 2S110CB12400 2S110CB14300 JAFF,MUZAFER K JARRETT,KATHLEEN TEYLER AZIZ,PAIMAN M 12066 SW TURNAG-1IN DR 15038 SW HARVEYS VIEW AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110BD03900 2S110BC01600 JENIE,STEFAN JOHNSON,BRET ARIFIN,FELICIA W 12235 SW BULL MOUNTL IN RD 11933 SW ELEMLIR CT TIGARD,OR 97224 TIGARD,OR 97224 2S110CB80014 2S110BC00500 JOHNSON,HANNI S JOHNSON,PAMELLA SIMS 12088 SW KING ARTHUR ST#D 12235 SW BULL MOUNTLAN RD KING CITY,OR 97224 TIGARD,OR 97224 2S110BC07400 2S110BC11000 JOHNSON,ZACHARY K&MONIQUE JOHNSTON,WILLLIM&LINDA 12340 SW ASPEN RIDGE DR 12042 SW STRINGER LN TIGARD,OR 97224 TIGARD,OR 97224 2S110CB06300 2S110BCO2200 JONES,JOY L KAEDING,GEORGE E&ELLEN E 15270 SW TURNAGAIN DR 12012 SW ASPEN RIDGE DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB03500 2S110BD05300 KAER,ALISON K KAM LIVING TRUST 12377 SW AUTUMNVIEW ST BY KAM,RICHARD L&LYNETTE N TRS TIGARD,OR 97224 11979 SW VIEWCREST CT PORTLAND,OR 97224 2S110CB90017 2S110BC09900 KANE,MARY PATRICLI KARR,GEOFFREY 12120 SW ROYAL CT UNIT B PETERSEN,ASHLEY D KING CITY,OR 97224 14580 SW 120TH PL TIGARD,OR 97224 2S110BD05200 2S110BC04700 KATO,TORU&YUKO KAUFMANN,BRYAN D&SHELLEY M 231 DANVILLE DR 12385 SW THORNWOOD DR LOS GATOS,CA 95032 TIGARD,OR 97224 2S110CA03700 2S110BC00600 KEMP,EILEEN M TRUST KENT,JUDITH A 15125 SW 119TH AVE 6894 APOLLO RD TIGARD,OR 97224 WEST LINN,OR 97068 2S110CB90007 2S110CB01711 KERBY,LYNNOURE KESSLER,JAMES D&JANET L 12215 SW KING ARTHUR ST 12210 SW PAR 4 DR KING CITY,OR 97224 KING CITY,OR 97224 2S110BC06200 2S110CB90016 KEUFTEDJIAN,ALBERT A KEULER,DEBORAH ANN 12390 SW THORNWOOD DR 12120 SW ROYAL CT UNIT D TIGARD,OR 97224 KING CITY,OR 97224 2S110BCO2100 2S110BC11900 KIM,JIN YOUNG&OK KIM,SEONGGYU&SEUNG EUN 12055 SW ASPEN RIDGE DR 14776 SW 122ND PL TIGARD,OR 97224 TIGARD,OR 97224 multiple 2S110CB04600 KING CITY ASSOCIATES LLC KODACHAWAD,PADMAJARANI 3811 SW BARBUR BLVD GHONGADI,SHANTINATH PORTLAND,OR 97239 15245 SW TURNAG-1IN DR TIGARD,OR 97224 2S110BC10600 2S110CB08300 KOSANAM,SIVANESAN S LAMB,DARREL&SHANNON DEVARAJ,VIDHYA 12454 SW AUTUMNVIEW ST 12064 SW CAFFALL LN TIGARD,OR 97224 TIGARD,OR 97224 2S110CB01400 2S110BC00200 LARSEN,JEROME E&JANET M LASSELLE,PAMELA 15515 SW 123RD AVE LASSELLE,COURTNEY KING CITY,OR 97224 12175 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S110CB90025 2S110BD02200 LAZZARO,AGNES H LEATHERS,DAVID F&LUZ M 1201 BENSKIN SW 11964 SW WILDWOOD ST CANTON,OH 44710 TIGARD,OR 97224 2S110CB12800 2S110BC12800 LEE,ARTHUR&WAN-I LEE,ERIC&MICHELE 12037 SW AUTUMNVIEW ST 9933 SW MORRISON ST TIGARD,OR 97224 PORTLAND,OR 97225 2S110CA03400 2S110CA04600 LEE,J\LVO&SUE U LEVERENZ,NATHAN B&JULIA M 15185 SW 119TH AVE 15171 SW 119TH AVE PORTLAND,OR 97224 TIGARD,OR 97224 2S110CB13500 2S110BC07300 LI SONG LIVING TRUST LIBBY FAMILY REV LIV TRUST BY LI,SHUN& BY ROBERT I/MENA ALIBBY TRS SONG,LINLIN TRS 12320 SW ASPEN RIDGE DR 12050 SW AUTUMNVIEW ST TIGARD,OR 97224 TIGARD,OR 97224 2S110BC04000 LISA HAMILTON LIM,CHHENG LY&YOUHENG LENG CPO 4B VICE-CHAIR LENG,CHANDARA& 16200 SW PACIFIC HWY SUITE H BOX 242 PICH-LENG,YANIN TIGARD,OR 97224 12350 SW WIN l'ERVIEW LN TIGARD,OR 97224 2S110BC06300 LONG,JIM CHAIR,CPO 4M LLANES,DAVID&IRMA 10655 SW HALL BLVD. 12385 SW ASPEN RIDGE DR TIGARD,OR 97223 TIGARD,OR 97224 2S110BD04100 2S110CB13100 LOONEY,GAYLAND R&PATRICIA M LOPEZ,DANIEL S 11977 SW ELEMAR CT 12073 SW AUTUMNVIEW ST TIGARD,OR 97224 TIGARD,OR 97224 2S110CB80018 2S110CB06700 LOSS,RAYMOND M LO 1'1 RIDGE,MIKE W 12088 SW KING ARTHUR ST#A 15305 SW 122ND AVE KING CITY,OR 97224 TIGARD,OR 97224 2S110BD05500 2S 110BD06200 LOUIE,S''EVEN P&BEVERLY TRUST LOVATO,JOSEPH N 11920 SW VIEWCREST CT 11937 SW ASPEN RIDGE DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB02300 2S110CB80010 LOW,DAVID C&NANCY A LYNN,I\L1XWELL ELLIO LI LIVING TRUST 12170 SW PAR 4 DR 12120 SW KING ARTHUR ST KING CITY,OR 97224 KING CITY,OR 97224 2S110CB12600 2S110BC05100 MAK,GUSTAVO K&MIMI M MARTIN,MICHAEL&WHITNEY 12007 SW AUTUMNVIEW ST 12305 SW THORNWOOD DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB90003 2S110CB08400 MCCARTHY,ANNE M MCDONALD,MIKEL S 12243 SW KING ARTHUR ST 12467 SW ST ANDREWS LN KING CITY,OR 97224 TIGARD,OR 97224 2S110CB14400 2S110CB02900 MCGEE,THOMAS&ROBIN MEANS REVOCABLE FAMILY TRUST 12052 SW TURNAGAIN DR MEANS,RICHARD T&ELIZABETH F TRS TIGARD,OR 97224 12020 SW PAR 4 DR KING CITY,OR 97224 2S110CB06000 2S110CB80001 MEDINA,RICHARD \IERRICK,MICHAEL D CABRAL,ZAHIRA 14874 SW 106TH AVE 15362 SW TURNAGAIN DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB01703 MILDREN,GENE MEYERS,BENSON MILDREN DESIGN GROUP VANDERSTEEN,CATHARINE 7650 SW BEVELAND ST,STE 120 12290 SW PAR 4 DR TIGARD,OR 97223 KING CITY,OR 97224 2S110CB01709 2S110CB04800 MILLER,PATRICL-\J MILSTED,SCO1`1 & 12230 SW PAR 4 DR STOVER-MILSTED,SUSAN L KING CITY,OR 97224 15269 SW TURNAGAIN DR PORTLAND,OR 97223 2S110CB80022 2S110BC05900 MITCHELL,PENNY J MONTES,RAFAEL&ALICIA 12045 SW IMPERIAL AVE 12330 SW THORNWOOD DR KING CITY,OR 97224 TIGARD,OR 97224 2S110CB05500 2S110CB03400 MOON,CINDY R MOONEY,JEFFREY T&TARA D 15413 SW TURNAGAIN DR 12355 SW AUTUI\H"1VIEW ST TIGARD,OR 97224 TIGARD,OR 97224 2S 110BC08200 2S 110CB80009 MOONEY,MATTHEW RYAN MORALES,CARMEN&LUIS 12450 SW ASPEN RIDGE DR 12125 SW IMPERLIL AVE TIGARD,OR 97224 KING CITY,OR 97224 2S110CB14100 2S110CB00900 MOWERY,TAYLOR A&BROOKE K MUNGER,NORMAN G FAMILY TRUST 12085 SW TURNAGAIN DR 12400 SW BEEF BEND RD TIGARD,OR 97224 TIGARD,OR 97224 MURDOCK,NATHAN AND ANN NEAL BROWN. GRI 7415 SW SPRUCE STREET MEADOWS INC REALTORS TIGARD,OR 97223 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 2S110CB13600 2S110CB90009 NELSON,GARY E NESBITT,KATHLEEN FRANCES LIVING TRUST 12028 SW AUTUMN VIEW ST 12163 SW KING ARTHUR ST TIGARD,OR 97224 KING CITY,OR 97224 2S110BC12600 2S110CB03000 NEW CENTURY HOLDINGS LLC NEWI\LAN,LARRY W 13376 SW BENCHVIEW TER NEWMAN,CALLY A PORTLAND,OR 97223 15085 SW 122ND AVE PORTLAND,OR 97224 2S110CB09000 2S110BC04200 NGUYEN,JENNIFER L&CHRIS H NGUYEN,MAI-TR-ING 12412 SW AUTUMNVIEW ST 12390 SW WINTERVIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB03300 2S110CB80019 NGYUEN,MICHAEL B NIEMCZYK,SHARON 12333 SW AUTU\INVIEW ST 12055 SW IMPERIAL AVE PORTLAND,OR 97224 PORTLAND,OR 97224 2S110BC11700 2S110BC00300 NIGA,DIONISIE&SOFIA NORDT,FRANK J REVOCABLE LIVING TRUST 12287 SW WINTERVIEW 14440 SW HAZELHILL DR TIGARD,OR 97224 PORTLAND,OR 97210 2S110BC05000 2S110CB05800 NORE PIO,NED J NOVAK,JOHN C&KELLY A DIXON-NORETTO,TONJA M 15406 SW TURNAGAIN DR 12325 SW THORNWOOD DR TIGARD,OR 97224 PORTLAND,OR 97224 2S110CB80008 2S110CB04500 OGDEN,M ARCY JO TRUST OLESON,DAVID EDWARD& 12250 SW KING ARTHUR ST OLESON,SHELLY DIANE KING CITY,OR 97224 15233 SW 122ND AVE TIGARD,OR 97224 2S110BA06900 2S110CB80030 OLIN,GARY L&SHIRLEY J OLSON,ERIC 12000 SW WILDWOOD ST 12044 SW KING ARTHUR#A TIGARD,OR 97224 KING CITY,OR 97224 2S110CB04200 2S110CB80005 O'NEILL,TODD O'RIELLY,MICHAEL D 10788 SW DOGWOOD ST 12265 SW IMPERIAL AVE TUALATIN,OR 97062 KING CITY,OR 97224 2S110BD04400 2S110BD06100 OSBORNE LIVING TRUST PARK,SUN J BY OSBORNE,DONALD L&MURIEL J TRS 11915 SW ASPEN RIDGE DR 11938 SW ELEI\LAR CT TIGARD,OR 97224 TIGARD,OR 97224 2S110CB80035 2S110CB11900 PA 1"I ERSON,MARVIN WESLEY PAYNE,MATTHEW L&CINDY L 12022 SW KING ARTHUR ST#C 15138 SW HARVEY'S VIEW AVE KING CITY,OR 97224 TIGARD,OR 97224 2S110CB90004 2S110BC09800 PAZ,\JARY M PEPPER,TIMOTHY 12246 SW ROYAL CT 14550 SW 120TH PL KING CITY,OR 97224 TIGARD,OR 97224 2S110BC05500 2S110CB90024 PETERS,RONALD D&ILA M PETERS,SHARON L 12240 SW THORNWOOD DR 12084 SW ROYAL CT TIGARD,OR 97224 KING CITY,OR 97224 2S110BC07000 2S110BC03300 PE PTV,AL-TAJUAN PRAM,DAVID HUNG WELKER,BRIAN JOHN NGUYEN,THERESA 12250 SW ASPEN RIDGE DR 12435 SW WINTERVIEW DR TIGARD,OR 97224 TIG_1RD,OR 97224 2S110BC03800 2S110BC12100 PHAN,STEVEN K&LIEN PHILLIPS,ROBERT L JR&CHRISTINE M 12325 SW WINTERVIEW DR 14818 SW 122ND PL TIGARD,OR 97224 TIGARD,OR 97224 2S110BC06700 2S110CB80011 PHUA,DESMOND C PIERCE,NANCY JO TANG,LAI L 12115 SW IMPERIAL AVE 12305 SW ASPEN RIDGE DR KING CITY,OR 97224 TIGARD,OR 97224 2S110BD05400 2S110BC12300 PLANK,KIMBERLEY E MARSON&KEVIN A PLATT,ANDY 11946 SW VIEWCREST CT ENDERS,JODY TIGARD,OR 97224 14787 SW 122ND PL TIGARD,OR 97224 2S110CB14500 2S110BC11800 PRUI I"l,CHARLEY WESLEY JR&MIRANDA KAY QUANG,BENNY CHI 12030 SW TURNAGAIN DR KNIGHT,HEATHER ANN TIGARD,OR 97224 12273 SW WINTERVIEW DR TIGARD,OR 97224 2S110BC08100 2S110BC06600 RABBANI,MON PLY RAFTER,MARK P&EVA J 12444 SW ASPEN RIDGE DR 12325 SW ASPEN RIDGE DR TIGARD,OR 97224 TIGARD,OR 97224 2S 110BC04300 2S 110CA03600 RAMOS,ROTERNA G&FRANCIS M RANDALL,GARY&BARBARA 12420 SW WINTERVIEW DR 15145 SW 119TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110BC05800 2S110BC00400 REID,SCO 1'1 E&ALLISON R REINSTADLER FAMILY TRUST 12310 SW THORNWOOD DR BY REINSTADLER,WILLIAM R&CHERYL A TRS TIGARD,OR 97224 14550 SW HAZELTREE TER TIGARD,OR 97224 2S110CB04400 2S110CB90008 RIFE,ALYSSA L RIHALA,ROBERT ROY&DEBRA LYNN KEU l'ER,JAMAL 18535 SAY/EDGEWOOD CT 15191 SW 122ND AVE LAKE OSWEGO,OR 97035 TIGARD,OR 97224 2S110CB07100 2S110CB80027 ROBERTS,LEAH M ROBERTS,LYDA C ROBERTS,GIL W 12044 SW KING ARTHUR ST UNIT B 15383 SW 122ND AVE KING CITY,OR 97224 TIGARD,OR 97224 2S110CB80007 ROGERS,KATE RODLUN,LAURELI 9527 SW BROOKLYN LN 12255 SW IMPERIAL AVE TIGARD,OR,97224 KING CITY,OR 97224 RORiMLAN,SUE 2S110CB90020 11250 SW 82ND AVE ROSENSTOCK,S IEPHEN TIGARD,OR 97223 12120 SW ROYAL CT UNIT A KING CITY,OR 97224 2S110BC04900 2S110CB07600 ROWE,SCOTT B&KRISTINA A RUECKER,DONALD CRAIG&BEVERLY LYNN 12345 SW THORNWOOD DR 14998 SW AUGUSTA lER TIGARD,OR 97224 TIGARD,OR 97224 RUEDY,ROBERT 2S110BC07200 14185 SW 100TH AVENUE RUSNAC,CLAUDIU&SIMONA TIGARD,OR 97224 12300 SW ASPEN RIDGE DR TIGARD,OR 97224 2S110CB80004 2S110CB80012 SALADE,MELVINA MARIE SALEH,HUGO 12276 SW KING ARTHUR ST 14934 SW GREENFIELD DR KING CITY,OR 97224 TIGARD,OR 97224 SAVANNAH EDSON 2S110BC03500 METROPOLITAN LAND GROUP,LLC SC1-L DE,FINN E&EMILY 17933 NW EVERGREEN PARKWAY,SUI1E 300 12395 SW WINTERVIEW DR BEAVERTON,OR 97006 TIGARD,OR 97224 2S110CB90019 2S110CB80023 SCHULTZ,CAROL J SCHWARZ,MICHELLE&THUY LIEN 12120 SW ROYALCOURT#C 12066 SW KING ARTHUR ST UNIT C KING CITY,OR 97224 KING CITY,OR 97224 2S110CB08800 2S110BC07800 SCOTT,JACOB H&HOLLY N SELEEM,ALLkA 12446 SW ST ANDREWS LN ABDELMEGED,RAMY GAMAL TIGARD,OR 97224 12426 SW ASPEN RIDGE DR TIGARD,OR 97224 2S110BD04200 2S110CB04000 SHARIF,HAMID&TAMINAE LIVING TRUST SHELTON,DAVID&KRISA LIVING TRUST 11980 SW ELEM AR CT 15113 SW 122ND AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110CB80025 2S110CB00201 SLIPSAGER,KURT SMITH,EULA L 17933 NW EVERGREEN PKWY#290 15045 SW 122ND AVE BEAVERTON,OR 97006 TIGARD,OR 97224 2S110CB02200 2S110BD05100 SMITH,SHARON D SMURTHWAITE,THOMAS J& 12180 SW PAR 4 DR ROSEMARY A KING CITY,OR 97224 11927 SW VIEWCREST CT PORTLAND,OR 97224 2S110CB80024 2S110CB03900 SORENSON,MARY ANN SORIANO,DORIS GRACE&VINCENT R 12066 SW KING ARTHUR ST UNIT A 12310 SW AUTW'& VIEW ST KING CITY,OR 97224 TIGARD,OR 97224 2S110CB06400 SPRING,BRAD SPENCER,BRLAN &JUDITH 7555 SW SPRUCE STREET 15254 SW TURNAGAIN DR TIGARD,OR 97223 PORTLAND,OR 97224 2S110CB80026 2S110CB01000 SPRINGER,SANDRA C S'I'APLEFORD,PATRICIA A 12044-D SW KING ARTHUR ST 15595 SW 123RD AVE KING CITY,OR 97224 KING CITY,OR 97224 2S110CB90010 2S110CB05900 STEFFENS,SHERRYE LOU STINE,WILLIAM W&EILEEN G 12160 SW ROYAL CT UNIT D 15384 SW TURNAGAIN DR KING CITY,OR 97224 TIGARD,OR 97224 2S110CB90014 2S110BC07600 STOKES,SOPHIE A SUI,YI 12160 SW ROYAL CT#A 12380 SW ASPEN RIDGE DR KING CITY,OR 97224 TIGARD,OR 97224 SUNDBERG,ROSS 2S110CB11500 16382 SW 104TH AVE SWENSON,M ARTI TIGARD,OR 97224 15180 SW HARVEYS VIEW AVE TIGARD,OR 97224 2S110CB12000 2S110BC08300 SY,RICHARD CON&RACHELLE CHRISTINA TABLER,TIMOTHY J 15116 SAV HARVEYS VIEW AVE 12456 SW ASPEND RIDGE DR TIGARD,OR 97224 TIGARD,OR 97224 2S110CB13300 2S110CB90012 TAMURA,PAUL DOUGLAS&LAURA ELLEN 1'ERUI,MARK EDWIN&JUDITH A 12080 SW AUTUMNVIEW ST 12345 SW CADY LN TIGARD,OR 97224 BEAVERTON,OR 97005 2S110BC10500 2S110CB02400 THEETGE,MARK ALLEN&WENDY K THONLIS FAMILY TRUST 12048 SW CAFFALL LN BY THONL\S,DENNIS W&NANCY J TRS TIGARD,OR 97224 1804 N ELDORADO AVE KLAMATH FALLS,OR 97601 multiple multiple THORNWOOD HOMEOWNERS ASSN TIGARD WA l'LR DISTRICT BY VENTURE PROPERTIES,INC 8777 SW BURNHAM ST 4230 GALEWOOD ST,STE 100 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S110BC13100 2S110BD02300 TOMLIN,SHEA TOSHIMA,MASATO CISNEROZ,AMY 3716 SW SHATTUCK RD 12087 SW ASPEN RIDGE DR PORTLAND,OR 97221 TIGARD,OR 97224 2S110CB02902 2S110BC06800 TROUDT,ROBERT W LIVING TRUST TRUONG,HIEU ANH 12060 SW PAR 4 DR TON,HUONG NGUYEN KING CITY,OR 97224 12275 SW ASPEN RIDGE DR TIGARD,OR 97224 2S110BD06300 TTSD TSE,TENNY P&GEORGLANA S ATTN:DAVID MOORE 11959 SW ASPEN RIDGE DR 6960 SW SANDBURG ST TIGARD,OR 97224 TIGARD,OR 97223 2S110CB12300 2S110CB02800 TURCHAN,PAUL&MARL\ TURNER,GENA ELISE 15050 SW HARVEYS VIEW AVE PO BOX 6723 PORTLAND,OR 97224 ALOHA,OR 97007 2S110CB14200 2S110BC10900 TYLER,DAVID&LISA REV LIVING TRUST UTBERG,DOUGLAS JAMES&JASMINE 1\1ANEK 12078 SW TURNAGAIN DR 29750 NE BENJAMIN RD TIGARD,OR 97224 NEWBERG,OR 97132 2S110BA06700 2S110BC09400 VANDERSOMMEN,BRODY L&AMY B VENTURE PROPERTIES,INC 12058 SW WILDWOOD ST 4230 GALEWOOD ST,STE 100 TIGARD,OR 97224 LAKE OSWEGO,OR 97035 2S110CB02700 2S110CB03100 VONRUDEN,JACK J&RUBY I WALKER,SARAH E 12130 SW PAR 4 DR 15097 SW 122ND AVE KING CITY,OR 97224 TIGARD,OR 97224 2S110CB06600 2S110BC10400 WARNER,PAULA \VARZENSKI,DANIEL T MURDOCK,JOSEPH WARZENSKI,STEVEN 15273 SW 122ND AVE 4545 II\LAR'JION WAY TIGARD,OR 97224 LOS ANGELES,CA 90065 2S110CB13400 WA'EGENER,BRIAN WATT,ROBERT THADDEUS 9830 SW KIMBERLY DRIVE 12068 SW AUTUMNVIEW ST TIGARD,OR 97224 TIGARD,OR 97224 2S110CB80006 2S110CB01708 WELP LIVING TRUST WEST,LYNN TRUST BY ALLEN&BERNIECE E WELP TR 12240 SW PAR FOUR DR 12262 SW KING ARTHUR ST KING CITY,OR 97224 KING CITY,OR 97224 2S110BC12900 2S110CB08900 WESTWOOD HOMES LLC \HITCHER,JOANN CHRISTINE&ERIK D 12700 NW CORNELL RD 12420 SW ST ANDREWS LN PORTLAND,OR 97229 TIGARD,OR 97224 2S110BD00901 2S110CB90015 WHITNEY,PAUL&DLANE F FAMILY TRUST WILLIAMS,SUSAN MARIE 12035 SW BULL MOUNTAIN RD 12123 SW KING ARTHUR CT TIGARD,OR 97224 KING CITY,OR 97224 2S110CB07700 2S110CB01300 WILSON,CHRISTOPHER TODD WILSON,JOSEPH M&DLANNE J WILSON,DAVA JANE 15535 SW 123RD AVE 15040 SW AUGUSTA 1'ER TIGARD,OR 97224 TIGARD,OR 97224 2S110CB04100 2S110CB01705 WONG,ROGER R&TAMARA J WRENN,WILLIE B&SHARRON LOU HUFFORD-WONG REV LIV TRUST 12270 SW PAR 4 DR 15135 SW 122ND AVE KING CITY,OR 97224 PORTLAND,OR 97224 2S110CB80032 2S110CB02903 WRIGHT,GERALD J&JO ANN WRIGHT XUE,JOHN S&LINDA A REVOCABLE LIVING TRUST 12080 SW PAR 4 DR BY WRIGHT,GERALD J&JO ANN TRS KING CITY,OR 97224 12022 SW KING ARTHUR ST#D KING CITY,OR 97224 2S110BC10800 2S110CB03600 YAN,BO YANG,LIU LIU,YIYUN ZHANG,HEMING 12033 SW STRINGER LN 12366 SW AUTUMNVIEW ST TIGARD,OR 97224 TIGARD,OR 97224 2S110CB12100 2S110CB07000 YEE,ALAN WAYNE REVOCABLE LIVING TRUST YOUNG,DOUGLAS A&TERESA S PRINZ,CHERYL MOORE REVOCABLE TRUST 987 SOLANA CT 14513 SE 26TH ST MOUNTAIN VIEW,CA 94040 VANCOUVER,WA 98683 2S110CB04300 2S110CB03800 ZELLMER,CHRISTINA&JACOB ZOMMERS,SCOTT P&JACQUELINE 15179 SW 122ND AVE 12322 SW AUTUMN VIEW ST TIGARD,OR 97224 TIGARD,OR 97224 Pamplin MediaGroup 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland, OR 97269-2169 Phone: 503-684-0360 Fax: 503-620-3433 E-mail: legals@commnewspapers.com AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, PUBLIC HEARING ITEM Clackamas, SS I,Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting Manager of the The Times, a newspaper of general circulation, serving This annexation application requires public hearings before Ti- Bvtn/Tigard/Tualatin/Sherwood in the afore- gard Planning Commission and Tigard City Council. In accor- said county and state, as defined by ORS dance with the City of Tigard's Emergency Declaration related 193.010 and 193.020,that to COVID-19 and Governor Brown's Executive Order 20-16, the public hearing on this application before Planning Commis- City of Tigard sion will be held virtually,and it is possible that the City Coun- -FROUDE ANNEXATION- cil hearing may be as well. QUASI-JUDICIAL ANNEXATION CASE NO. You are invited to attend the public hearings.If you wish to ZCA2021-00002 pro- vide comments at a virtual pblic hearing,the ity will proide Ad#• 194793 a call-in number to receive oral testimony during the hearing. Additional information and call-in procedures will be provid- ed on the meeting agenda. If you would like to submit written A copy of which is hereto annexed,was comments, please e-mail them to LinaCS( rigard-or.gov by published in the entire issue of said 4:30 p.m. on the day of each hearing. Comments must be di- newspaper(s)for 3 week(s) in the rected toward the applicable approval criteria,listed below. following/ 021,03 If you have anyquestions, or would like more information on 03/18/2021,03/25/2021,04/01/2021 this application, lease contact Lina Smith,Assistant Planner at ` r (503)718-2438 or LinaCS(a�tigard-or.gov. C`, t(Co' i. `��-�-�-4) Tigard Planning Commission will conduct a public hearing Charlotte Allsop (Accounting Manager) on this application beginning at 7:00 p.m. on Monday,April 5,2021.Tigard City Council will conduct a public hearing on this application beginning at 7:30 p.m. on Tuesday, May 11, Subscribed and sworn to before me this 2021. 04/01/2021. Attend the Virtual Hearings: www.tigard-or.gov/city_hall/pub- lic_hearings.php OP ' -FROUDE ANNEXATION- NO RY PUBLIC FOR OREGON QUASI-JUDICIAL ANNEXATION CASE NO. ZCA2021-00002 REQUEST: The applicant requests to annex the two(2)prop- erties listed below into the City of Tigard.No new development is proposed on the subject properties at this time.LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S 110CB,Tax Lot 1800).COUNTY ZONE: Acct#: 107839 R-6: Residential 6 units per acre. CITY ZONE: R-7: Medi- Attn:Joe Patton um-Density Residential. APPLICABLE REVIEW CRITE- TIGARD,CITY OF RIA: Tigard Community Development Code Chapters 18.710 13125 SW HALL BLVD and 18.720; Tigard Comprehensive Plan Goals 1, 11, 12, and TIGARD,OR 97223 14; Metro Code Chapter 3.09; and Oregon Revised Statutes Chapter 222. Il OFFICIAL STAMP 1 Copies of the materials and evidence considered by the City are J I;* . KRISTIN C.OLSON part of the public record and available for review.If you would NOTARY PUBLIC-OREGON ) like to review these materials at no cost,please contact the staff t''4- COMMISSION NO.997532 ! person listed above.Additionally, at least 15 days prior to the MY COMMISSION EXPIRES MARCH 10,2024 ' Planning Commission public hearing, the staff report will be available online, at no cost: wvyyytjgard-gr.gov/city_hall/pub- lic 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. Publish March 18,25,April 1,2021. TT1947( Pamplin MediaGroup 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland,OR 97269-2169 Phone: 503-684-0360 Fax: 503-620-3433 E-mail: legals@commnewspapers.com — AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, PUBLIC HEARING ITEM Clackamas, SS I,Charlotte Allsop, being the first duly sworn, depose and say that I am 4t,. . the Accounting Manager of the The Times, a newspaper of general circulation, serving This annexation application requires public hearings before Ti- Bvtn/Tigard/Tualatin/Sherwood in the afore- gard Planning Commission and Tigard City Council. In accor- said county and state, as defined by ORS dance with the City of Tigard's Emergency Declaration related 193.010 and 193.020,that to COVID-19 and Governor Brown's Executive Order 20-16, the public hearing on this application before Planning Commis- City of Tigard sion will be held virtually,and it is possible that the City Coun- -FROUDE ANNEXATION- cil hearing may be as well. QUASI-JUDICIAL ANNEXATION CASE NO. ZCA2021-00002 You are invited to attend the public hearings.If you wish to pro- vide comments at a virtual public hearing,the City will provide Ad#: 194793 a call-in number to receive oral testimony during the hearing. Additional information and call-in procedures will be provid- ed on the meeting agenda. If you would like to submit written A copy of which is hereto annexed,was comments, please e-mail them to LinaCS( tigard-or.gov by published in the entire issue of said 4:30 p.m. on the day of each hearing. Comments must be di- newspaper(s)for 3 week(s) in the rected toward the applicable approval criteria,listed below. following issue(s): .._ ..�, 03/18/2021,03/25/2021,04/01/2021 It you have any questions, or would, like more information on this application,please contact Lina Smith,Assistant Planner at i / (503)718-2438 or LinaCS(&,,tigard-or.gov. CY Q=4' l� Tigard Planning Commission will conduct a public hearing Charlotte Allsop(Accounting Manager) on this application beginning at 7:00 p.m. on Monday,April 5,2021.Tigard City Council will conduct a public hearing on this application beginning at 7:30 p.m. on Tuesday, May 11, Subscribed and sworn to before me this 2021. 04/01/2021. Attend the Virtual Hearings: www.tigard-or.gov/city_hall/pub- lic_hearings.php ( - ), -FROUDE ANNEXATION- NOT PUBLIC FOR OREGON CASE ANNEXATION CASE NO.ZCA2021-00002 REQUEST: The applicant requests to annex the two(2)prop- erties listed below into the City of Tigard.No new development is proposed on the subject properties at this time.LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S11OCB,Tax Lot 1800).COUNTY ZONE: ACCt it: 107839 R-6: Residential 6 units per acre. CITY ZONE: R-7: Medi- Attn:Joe Patten um-Density Residential. APPLICABLE REVIEW CRITE- TIGARD,CITY OF RIA: Tigard Community Development Code Chapters 18.710 13125 SW HALL BLVD and 18.720; Tigard Comprehensive Plan Goals 1, 11, 12, and TIGARD,OR 97223 14; Metro Code Chapter 3.09; and Oregon Revised Statutes Chapter 222. OFFICIAL STAMP Copies of the materials and evidence considered by the City are KRISTIN C.OLSON 1 part of the public record and available for review. If you would \ _ NOTARY PUBLIC-OREGON 1 like to review these materials at no cost,please contact the staff COMMISSION NO.997532 I person listed above.Additionally, at least 15 days prior to the MY COMMISSION EXPIRES MARCH 10,2024 i Planning Commission public hearing, the staff report will be available online, at no cost: www.tigard-or.gov/city_hall/pub- lic 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. Publish March 18,25,April 1,2021. TT194793 ei 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. 2021-10 File No. ZCA2021-00002 File Name: Froude Annexation Date: June 17, 2021 The following property was recently approved for annexation into the City of Tigard: Case Name and Froude Annexation (Case No. ZCA2021-00002) Number: Property Owners: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard, OR 97224 Property Address and 12200 SW Bull Mountain Road;WCTM 2S110BC, Tax Lot Legal Description: 1300 and WCTM 2S110CB, Tax Lot 1800 Ordinance Number: 2021-10 Effective Date of June 14, 2021 Annexation: Attachment: Ordinance No. 2021-10 Copy: ZCA2021-00002 Land Use File CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-10 AN ORDINANCE ANNEXING TWO(2)PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BEEF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WA1'h.R DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAIN IENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(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 222.120(5) and 222.520 to withdraw properties which currently lie 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 April 5,2021,and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S110BC, Tax Lot 1300, and WCTM 2S110CB, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels 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 April 5,2021 and May 11,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties 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 properties 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 parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 21-JO Page 1 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" (ZCA2021-00002) 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. SEC:110N 5: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the properties 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 i//Witen/ 4-- vote of all council members present after being read by number and title only,this //14t day of .7794y .2021. Carol A.Krager,City Recor 'er APPROVED: By Tigard City Council this 1/.11.-day of 7,24 ,2021. N. 3 on B.Snider,Mayor Approved as to form: Certified to be True Copy of O rridl r�9 4 iii i i li!:,/6 i City Attorney � � /., "A......1." _ `N OF T' ,/ / By .. ' .I .`1 GA S..',, 4)oor r. 5/12/2021 Mi'C.tt Reawder--City of` U ,.' %CIPZ... '. Date Date et ?1?, . -4:;1/41-1! = G �*= SEAL I*= ORDINANCE No.21-//1 C elf} Page 2 1.,,%i ". 'o�A,.+` ; 0`�.� si., `OF o� .\N'' NCS t ,Oft9 AK AKS ENGINEERING&FORESTRY,LLC 4004.3 !2965 SW Hermon Road,Suite 100,1uelnHnOR 97062 8)56!•6151 t www.sis•anr.c°m AKS Job#4959 ENGINteminaFoniumw OFFICES 9d.lEkO,on•KERER,OR-TUAIATIN,OR•VANCOUVER,WA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South,Range 1 West, Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights",also being on the City of Tigard city limits line;thence along said city limits line and along the west line of said plat and the southerly extension thereof,South 01°37'55"West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line,South 58°58'34"West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of 1500.00 feet,Delta of 05°27'45",Length of 143.01 feet,and a Chord of South 56°14'41"West 142.95 feet thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said east line,North 01°49'12"West 1037.35 feet to the south line of the plat of"Thornwood"and the City of Tigard city limits line;thence along said south line and said city limits line,South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the cast line of said plat and the northerly extension thereof,and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way line of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line and the southerly extension thereof;and continuing along said city limits line,South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28"West 23.59 feet to the Point of Beginning. The above described tract of land contains 11.26 acres,more or less. 01/22/2021 ANNEXA1I'ONCERTIFIED REGISTPROFESSIONAL AL '11 BY__.., _ V LAND SURVEYOR FEB 16 2021 ,mak Zat.. OREGON WASHINGTON COUNTY &T ata12, 2011 INCUR S. KAM�S CARTOGRAPHY t 6JS0/21 Nas'17a5' 2so.3i' EXHIBIT B — - ___--1- -- -} -- J- - A TRACT OF LAND LOCATED IN -a—wino"auu MOUNTAIN RD ,l ,_ ,� THE NW 1/4 AND SW 1/4 OF j� _. -- 1 � I4. �-- -� SEC. 10 T2S, R1 W W,M. \.-ffloY.1!_lr, ,; r 'r"'" } ' TY, OREGON R _ ______1 _53 /i,•;, ___EsTAik.. _,, --kk --TV-- 1 of. r ', FEB 16 2021 � 02/09/2021 :: - J _ 2' _ T u i ' OREGON ois i • 'SSW ASPEN RIDGE DR-- i -NORTH UNE OF-- MIMS S.-7-1 O'28`E 67.46' � i 1}E SIN 1 Ror iamb I/30/21 t ` �-14' -. A'i 'Om, �1°I ��: / ;' sa7o'2e•w'z3ss' ( N CITY OF Tomo ,/� 1128 ACRESf \ r i i i ! CITY WAITS /r P Ir of BEt MAA1G NV/MROF PLAT OF•SOUTH wEw HEIGHTS' K1 A UMNYIWfH /" T ; 3T5' --- SCALE: ran 200 FEET ., A04 g 4 /.4 I i-----/ swiunt*aMhR _ o 40 100 200 1.9: *�- ( 11 " it g �; CURVE TABLE 1 E 1 ,, CURVE RADSlS DELTA LENGTH CHORD --4-�w Cl 1500.00' 527'45' 143.01' S56'14'41•W 142.95' I 4 � ,chi-' , _-- ! / .__. 55858'34•w"143.77.. _ _ _......,,.___. __ __ _ . . ._ �� 1 /' CITY OF TIGARD EIWIBIIf 'r Cl ANNEXATION MAP B L' 143.0t' AKS ANG► FORESTRY, LLC ,..,• 12985 SW HFRIdAN R0, STE 10O '��' ,�' S5330'49 W TUALATIK OR 97062 AKS IS 29.58' 503.563.6151 www.AKS-E14G.COM 4959 you.ivat un KIWI US II I LWOW EXHIBIT C Hearing Date:May 11,2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE ` CITY COUNCIL _ FOR THE CITY OF TIGARD, OREGON T I G A R D 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation(ZCA) ZCA2021-00002 APPLICANTS: Venture Properties,Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego,OR 97035 AKS Engineering&Forestry,LLC Attn: Mimi Doukas 12965 SW Herman Road,Suite 100 Tualatin,OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2021-00002)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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFO TION The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the properties will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15,2021 (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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021, March 25, 2021,and April 1,2021) prior to the April 5, 2021 public hearing before the Planning Commission. City staff also posted the public PLANNING COMI'IISSION RECOMMENDATION PAGE 2 OF 12 ZCA2021-00002 FROUDE ANNEXATION romsr 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15,2021 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 Beef Bend Road 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(USD)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; PLANNING COMMISSION RECOMMENDATION PAGE 4 OF 12 ZCA2021-00002 FROUDE ANNEXATION ask. 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. 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. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services ate 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 Beef Bend Road 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 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; PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 May 11, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 12 ZCA2021-00002 FROUDE ANNEXATION err 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 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 12 ZCA2021-00002 FROUDE ANNEXATION the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water— City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area, and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road.Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time.However,city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way.Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site.Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to PLANNING COMMISSION RECOMMENDATION PAGE 8 OF 12 ZCA2021-00002 FROUDE ANNEXATION receiving wastewater services. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation,both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties 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. PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 12 ZCA2021-00002 FROUDE ANNEXATION Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County. Upon approval of this annexation,the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request.This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 owner of the subject properties submitted an annexation application to the City on February 22, 2021. 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 April 5,2021) and before City Council(scheduled for May 11,2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1,2021;and the City published a PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 12 ZCA2021-00002 FROUDE ANNEXATION public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021,March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1,2021.As of April 13,2021,city staff has received four written comments from neighboring property owners with questions about future development plans for the subject properties, and about density standards and housing types allowed in the R-7 Zone. RESPONSE:The applicant is only requesting to annex the subject properties into the City of Tigard,and is not proposing any new development on the subject properties at this time.City staff also provided copies of Community Development Code Chapters 18.40 Measurements, 18.110 Residential Zones, and 18.200 Residential Development Standards to neighbors who requested more information about density standards and housing types allowed in the R-7 Zone. Attachments: Attachment 1: Zoning Map PLANNING COMMISSION RECOMMENDATION PAGE 11 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation (ZCA2021-00002) 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 ZCA2021-00002 to City Council. April 13.2021 PREPARED BY: Lina Smith Assistant Planner April 13,2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION PAGE 12 OF 12 ZCA2021-00002 FROUDE ANNEXATION f Attachment 1: R-2 Zoning Map R-1 1 � _ City of Tigard, Oregon Generalized Zoning Categories somi Subject Site Zoning Classifications R-4,5 i ❑R-1 Residential Low-Density 0 R-2 Residential Low-Density O R-3.5 Residential Low-Density O R-4.5 Residential Low-Density 0 R-7 Residential Medium-Density 0 R-12 Residential Medium-Density D R-25 Residential Medium-High-Density R-40 Residential High-Density R-7 MUR-1 Mixed Use Residential 1 i MUR-2 Mixed Use Residential 2 • MU-CBD Mixed Use Central Bus Dist C-C Community Commercial •C-G General Commercial f'^`'� ]C-N Neighborhood Commercial i 11 ��.' •C-P Professional Commercial `!� •MUC Mixed Use Commercial t $/ •MUC-1 Mixed Use Commercial 1 k / -!`-I' jam! te - Dela Is a a from multiple aourca rna City e1 T;9ora �,.^,• .•eRaano tonl warrerty,y'oyr000 Mallen.or 0uaran Ne• le I of lna date edea n..o'In•Tae City of•lanae•al en of TI :shell aro the ll^for any a y Don • �.• raa ee uraeras r the i low o tion 0 eridsd'regardlessae j'' how eauaaa. ° .,,. r, i <% �, • j ,,,;(.2„.„,...,,,, Scale: 0.07 Miles {I :King �' - f j, > r •� �•ti • J - re COMMUNITY DEVELOPMENT DEPARTMENT G7 :i t%A f City of Tigard . f-p � .._� f ~r--�.i 13125 SW Hall Blvd • �f s,��a. �\ ''Y�! / - Map Created: Tigard,(503) 639-4171 I .7 , ` 02/26/2021 www.tigard-or.gov I f A P. 1111111 i ' TIGARD City of Tigard 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: I Case Name and Number: Froude Annexation (ZCA2021-00002) Property Owners: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard,OR 97224 Property Address and 12200 SW Bull Mountain Road;WCTM 2S110BC,Tax Lot 1300 Legal Description: and WCTM 2S110CB,Tax Lot 1800 I Ordinance Number: 2021-10 Effective Date of Upon the effective date of Ordinance No. 2021-10 (June 10,2021), Annexation: 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 a,tigard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Enclosures Copy: ZCA2021-00002 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-/a AN ORDINANCE ANNEXING TWO(2)PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BF.FF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAIN FENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(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 222.120(5) and 222.520 to withdraw properties which currently lie 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 April 5,2021,and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S110BC, Tax Lot 1300, and WCTM 2S110CB, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels 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 April 5,2021 and May 11,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties 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 properties 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 parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 21-/6j Page 1 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" (ZCA2021-00002) 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. SECi'1ON 5: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the properties 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 f,/ em"1r1G/,4._.. vote of all council members present after being read by number and title only,this /itit day of 77741 .2021. ‘/Y,2 t5-i'A ( _ Carol A.Kroger,City Recoidet APPROVED: By Tigard City Council this //.th'day of 77)a' 2021. _ 9••%fgo'• . J 2on B.Snicks,Mayor Approved as to form: Certified to be?nits�y Of t� i h eto f 6 f !t 1t�6 Ci y AttorneyOtiginajoAl,d .1291/44't`,.. 5/12/2021 a�y Recorder .. ;iP4 •.t%tCI '.= Date _ • S -* i SEAL i*1.7 ORDINANCE No.21-/U % ° .4,,/`y Page 2 'iSI\ , .P " Q `,� / ... .• `ti . A!�s _ 12965 NEERINO&FORESTRY.Ut AKS ENGt SW Kennon Road,Suite 100,7wuNn,OR 97062 AKS Job 04959 P:(SOS)56161511 www.e 0.mm EN(aa aF Ry maces IN:OENO,OR-KEIZk,OR-TUAIATIN,OR-VANCOUVER,WA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South,Range 1 West, Willamette Meridian,Washington County,Oregon,and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights",also being on the City of Tigard city limits line;thence along said city limits line and along the west line of said plat and the southerly extension thereof,South 01°37'55"West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line, South 58°58'34"West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of i 1500.00 feet,Delta of 05°27'45",Length of 143.01 feet,and a Chord of South 56°14'41"West 142.95 feet;thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said cast line,North 1 01°49'12"West 1037.35 feet to the south line of the plat of"Thornwood"and the City of Tigard city limits line;thence along said south line and said city limits line,South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the cast line of said plat and the northerly extension thereof,and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way line of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line*and the southerly extension thereof and continuing along said city limits line,South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28"West 23.59 feet to the Point of Beginning. The above described tract of land contains 11.26 acres,more or less. 01/22/2021 ANNEXAT ION CERTIFIED REGISTERED If PROFESSIONAL I LAND SURVEYOR ) FEB 16 2021 ../(-1't a.-. OREGON WASHINGTON COUNTY A&T S. 2011 CARTOGRAPHY MICIUEL KAMA 1•LS ;,1,1 'i g I-1188170511 2641371 EXHIBIT B - - - --t—V-----, - -- -1— A TRACT OF LAND LOCATED IN SWBULL RD it..:. : s..... , • r 6. THE NW 1/4 AND SW 1/4 OF '/,'/1 t LVi L -- 1.-- SEC. 10, T2S, R1W, W M • •I 02/09/2021 . ISO _,..,ne• LAND SURVEYOR I I J. ' ,i El AsPOI Kluw- ---—_ •/ivi,00A+ .._ , , ,r______ _ . \ ••-____ _ i. 1 JANUARY 111),N2016 SW ASPEN RIDGE OR-- mat.S. KAM ----- -NORTH LINE OF-- / -1-1 --I -I I THE SW 1/4 — t Enia7/SS 0/21 1 5118101.81 87.461 , __,, oinGr'' 4‘.- 1 *A5Wit 7 • A 1 ' CITY OF TIGARD / crry win 7 11.7AAREA:ACRES± N881018.W 23.59' I 11111 POINT OF BEGINNING ., NW CORNER OF/ PLAT OF ' "SOWN WEW HEIGHTS*' ----.... ______, viEW ' -SW AUTUPANYEW ST0ROOS' I I-- SCALE: 1"=200 FEET 1 );r4 / ' I L I--- Plailliala iuRNAGAIS—g _SW TURNAGAIN DR 14Ø !!fri —; .• I$. --161 201 -5 I ( —ac —- — CURVE TARE -1.1 --% . ._. — 6. t ..... CURVE RADIUS DELTA LENGTH /'" CHORD Cl 1500.00' 577145" 143.01' S5614'411 142.95 - S5V58134"W 143.77' _ , i,- .7" Cl CITY OF TIGARD ANNEXATION NIAP FORESTRY, LLC L-143a. tskisertilE "inimm 4RD, STE 100 /IL S533014911 wALATK oR mg 29.58 AS( EXiiili El Witt 0 etto MSIC MS JOB 503.560151 irrams-eacou 4959 EXHIBIT C Hearing Date:May 11,2021 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE :II111CITY COUNCIL I FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: FROUDE ANNEXATION CASE NO: Annexation(ZCA) ZCA2021-00002 APPLICANTS: Venture Properties,Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego,OR 97035 AKS Engineering&Forestry,LLC Attn: Mimi Doukas 12965 SW Herman Road,Suite 100 Tualatin,OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM. 2S110BC,Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800 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. PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION IL PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2021-00002)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 ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB,Tax Lot 1800)are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road,west of SW Pacific Highway(Highway 99W).The properties are also located directly north of the City of Tigard's boundary with King City.Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation,the properties will be zoned R-7(Medium-Density Residential),under City of Tigard designations.The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15,2021 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed public hearing notices to all interested patties,and neighboring property owners within 500 feet of the subject site on March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021, March 25, 2021,and April 1,2021) prior to the April 5, 2021 public hearing before the Planning Commission. City staff also posted the public PLANNING COMMISSION RECOMMENDATION PAGE 2 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on Match 15,2021 (Tigard City Hall,Tigard Permit Center,'Tigard Public Works, PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 12 ZC',2021-00002 FROUDE ANNEXATION 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 March 1,2021;and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. 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 Beef Bend Road 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,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(if 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; PLANNING COMMISSION RECOMMENDATION PAGE 4 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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. 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. 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 Beef Bend Road 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 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; PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 12 ZCA2021-00002 FROUDE ANNEXATION 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 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 May 11, 2021. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002,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 PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 12 ZCA2021-00002 FROUDE ANNEXATION a 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 Washington County Land UseCity 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 March 15,2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 12 ZCA2021-00002 FROUDE ANNEXATION the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area,and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road.Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant's proposal and had no objections. Sewer—City of Tigard Public Works Department.The applicant is not requesting City of Tigard sanitary sewer service at this time.However,city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally,the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way.Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Goal 1L1, 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to PLANNING COMMISSION RECOMMENDATION PAGE 8 OF 12 ZCA2021-00002 FROUDE ANNEXATION receiving wastewater services. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site.Additionally, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12:To provide and encourage a safe,convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard's jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation,both properties will be withdrawn from the Washington County Urban Road Maintenance District Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Furthermore, the City of Tigard Engineering Division reviewed the applicant's proposal and had no objections. 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 properties is addressed under CDC Sections I8.720.030.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. PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 12 ZCA2021-00002 FROUDE ANNEXATION Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bordered to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County. Upon approval of this annexation,the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However,this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in the current annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. 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 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 Iegislative 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 owner of the subject properties submitted an annexation application to the City on February 22,2021. 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 April 5,2021) and before City Council(scheduled for May 11,2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 Match 1,2021;and the City published a PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 12 ZCA2021-00002 FROUDE ANNEXATION public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18,2021,March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. ACTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. 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 March 1,2021.As of April 13,2021,city staff has received four written comments from neighboring property owners with questions about future development plans for the subject properties, and about density standards and housing types allowed in the R-7 Zone. RESPONSE: The applicant is only requesting to annex the subject properties into the City of Tigard, and is not proposing any new development on the subject properties at this time.City staff also provided copies of Community Development Code Chapters 18.40 Measurements, 18.110 Residential Zones, and 18.200 Residential Development Standards to neighbors who requested more information about density standards and housing types allowed in the R-7 Zone. Attachments: Attachment 1: Zoning Map PLANNING COMMISSION RECOMMENDATION PAGE 11 OF 12 ZCA2021-00002 FROUDE ANNEXATION SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation (ZCA2021-00002)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 ZCA2021-00002 to City Council. April 13.2021 PREPARED BY: Lina Smith Assistant Planner C/7. April 13,2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION PAGE 12 OF 12 ZCA2021-00002 FROUDE ANNEXATION l i Attachment 1: `1 R-2 Zoning Map City of Tigard, Oregon Generalized Zoning Categories mom Subject Site Zoning Classifications R-4.5 ❑R-1 Residential Low-Density o R-2 Residential Low-Density 0 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 D R-25 Residential Medium-High-Density - R-40 Residential High-Density R-!7 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 j I C-N Neighborhood Commercial 11f --)� 11C-P Professional Commercial ��/ I MUC Mixed Use Commercial t /` I. MUC-1 Mixed Use Commercial 1 X `'- r'l -- :: rr` Det Is derived from multiple source'.The City of Tiperd I f ,� metes no Neccurty,repreaentellon,co guarantee et to / the content,accuracy,timeliness or completeness of eny `J of the date previded herein.The City of',fiord'hull a 1180.111y COT any errors, Tite me scuts scree r the 1 Itrm atlen 0 eorli regardless o. a ��rhots ceo.d. ff •/'G° ."", Scale: 0.07 Miles iI King '' ``' 'd • + - '-•:7 1I. ••• a' i �e� COMMUNITY DEVELOPMENT DEPARTMENT d .Cr t;,- City of Tigard --i- .. A r I .rf 13125 SW Hall Blvd '` 03 �r� % @-t'y pf r------•-,1 Map Created: Tigard, 639-41717 • . ' ' 02/26/202' www.tigard-or.gov 1 I I'Aft F) APPLICANT MATERIALS Case#: City of Tigard V ‘410+0 . . COMMUNITYDEVELOPMENTDEPARTMENT TIGARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) ❑ Modification: ❑Type I (D Type II ❑ Adjustment ❑ Planned Development: (X) Annexation f Consolidated Plan O Comprehensive Plan Map Amendment Concept Plan ❑ Conditional Use Detailed Plan ❑ Downtown Development Review: ❑ Sensitive Lands Review: ❑ Type I ❑ Type II O Type I ❑ Type II ❑ Type III ❑ Adjustment ❑ Site Development Review: ❑ Type I ❑ Type II ❑ Home Occupation—Type II O Subdivision ❑ Land Partition ❑ Temporary Use Permit O Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan: O Marijuana Facility Permit ❑ Modification ❑ Discretionary Review O Miscellaneous: ❑ Zoning Map Amendment ❑ Type II O Type III PROJECT INFORMATION Project name: Froude Bull Mountain Annexation Brief description of project:Tigard annexation of+11.13 acres of land and change coning from Washington County R-6 to City of Tigard R-7 zone. SITE INFORMATION Location (address if available): 12200 SW Bull Mountain Road & 0 Beef Bend Road Tax map and tax lot number(s):(2S110BC01300 & 2S110CB01800) Site size: 4.87 acres (TL1300) 6.26 acres (TL1800) Zone: R-6 (County) to R-7 (City) APPLICANT INFORMATION Name: Venture Properties, Inc Mailing address: 4230 SW Galewood Street City/State: Lake Osweao. OR Zip: 97035 Phone:Contact Applicant's Representative Email: Contact Applicant's Representative Applicant's representative: Mimi Doukas: AKS Engineering & Forestry Phone: (503) 563-6151 Email: mimidQaks-eng.com =b k" .,.. ., >,,ltof* ,. ,,I,,,... Y ...,ti,,�w ,.. ., ..<. .,,y�� _, .,..M:. •..:,.., .w.41.4. ..,4...., City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER INFORMATION ❑ Same as applicant (Attach list for additional owners) %ow Namefroude Family Trust (45.44% split ownership)and Beverly J. Froude Survivor's Trust (55.56 % split ownership) Mailing address: 12200 SE Bull Mountain Road City/State: Tiaard. OR Zip: 97224 Phone:Cnntec.t Applicant's RepresentativeEmail: Contact Applicant's Representative 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 tigardplannerondutva,tigard-or.gov. I certify that I am the property owner or I am eligible to initiate this application, as provided in the Tigard Comm •.% Develo•ment Code. To the best of my knowledge, all the information provided within this application packal e is c• ete ,nd a urate. t , t as-i -26Z. I Applicant's signature* 1111, Print name ) Date Property owner's signature* Print name Date *4r.r 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 USE ONLY Case No.: Application fee: Received by: Date: '14rrr Related Case(s): Determined complete by: Date: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 Case#: City of Tigard m ICOMMUNITY DEVELOPMENT DEPARTMENT i II °oos"" ` k� Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) 0 Modification: O Type I O Type II ❑ Adjustment 0 Planned Development: ® Annexation O Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan O Conditional Use O Detailed Plan ❑ Downtown Development Review: 0 Sensitive Lands Review: O Type I O Type II O Type I O Type II O Type III O Adjustment 0 Site Development Review: ❑Type I O Type II ❑ Home Occupation—Type II 0 Subdivision ❑ Land Partition 0 Temporary Use Permit O Lot Line Adjustment/Lot Consolidation 0 Urban Forestry Plan: O Marijuana Facility Permit O Modification O Discretionary Review ❑ Miscellaneous: 0 Zoning Map Amendment El Type II Li Type III PROJECT INFORMATION Project name: Froude Bull Mountain Annexation Brief description of project:Tigard annexation of+11.13 acres of land and change Inning from Washington County R-6 to City of Tigard R-7 zone. SITE INFORMATION Location (address if available): 12200 SW Bull Mountain Road & 0 Beef Bend Road Tax map and tax lot number(s):(2S110BC01300 &2S110CB01800) Site size: 4.87 acres (TL1300) 6.26 acres(TL1800) Zone: R-6 (County)to R-7 (City) APPLICANT INFORMATION Name: Venture Properties, Inc Mailing address:4230 SW Galewood Street City/State: Lake Osweao. OR Zip: 97035 Phone:Contact Applicants Representative Email: Contact Applicant's Representative Applicant's representative: Mimi Doukas: AKS Enaineerina & Forestry 44.°Phone: (503)563-6151 Email: mimid@aks-eng.eom City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER INFORMATION 0 Same as applicant (Attach list for additional owners) NameFroude Family Trust(45.44%split ownership)and Beverly J. Froude Survivor's Trust(55.56 %split ownership) Mailing address: 12200 SE Bull Mountain Road City/State: Tigard. OR Zip: 97224 Phone: . • . . _•• ' .. • ' : - . - _• . ' -Email: Contact Applicant's Representative 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 tigardplanneronduty@tiaard-or.eov. 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. Applicant's '; ature* Print na Date U'acr eNzi Property owner's signature* Print name Date 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. s I .A1 F t is ()NI.) Case No.: Application fee: Received by. Date: Related Case(s): Determined complete by: Date: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 '►rr THIS SECTION IS TO BE COMPLETED BY V'ASHINGTON COUNTY ASSESSOR'S OFFICE CERTIFICATION OF PROPERTY OWNERSHIP INERSHIP (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: 17a-bF51,fa_ TITLE: G-4SaiiittNEX � ^ ATION-CERTIFIED DEPARTMENT: C� Z G 'f`1 COUNTY OF: FEBwAstE-ukr,,----ry 1 € 2021 DATE: 21!G l21 WASHINGTON-COUNTY A&T CARTOGRAPHY 7J * Indicates that"Owner"means the owner of the tide CO real pmpertyor the contract purchaser of real property THIS SECTION IS TO BE COMPLETED BY WASIIINGTON 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 territory to he annexed. NAME: TITLE: DEPARTMENT: COUNTY OF: DALE: 'troy is\curpin\masters\revised\certify.rst 15-Aug-02 TO THE COUNCIL NCIL 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 willeview this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO-Property Owner RV-Registered Voter PAGE Or OV-Property Owner&Registered Voter 1_ .....I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME I PO RV OV ADDRESS Township/ IMap I Tax Lot I Precinct DATE mber v. . . a 1 r 1: - FGA... 12200 SW Bull Mountain RD. 2S/ 10 11tOBC 1 113001....1 414 Z--3-2-4 Z_3-u .. L/a►s rows- Poi X 0 SW Beef Bend RD. 2S/ 10 110CB 1800 414 -3-zi Craig Froude signing on behalf of the Froude Family Trust and the Beverly J. Survivor's Trust I iI .... . .g • is\eurplit mAcrArcviscrl\nnvetn.mq 2RJan.IJ DI" ABLE MAJORITY WORKSHEET FOR.LNEXATION TO TI-IE CITY OF TIGA Please list all properties/registered voters included in the proposal. (If needed,use separate sheets for additional listings.) • "PROPERTIES** PROPERTY DESIGNATION (Tax NAME OF PROPERTY OWNER TOTAL ASSESSED VALUE OF. STGNE Lot Numbers) ACRES THE PROPERTY PETIT' YES NU 2S 110BC 01300 13z,jerly 1-rdUd - T;CiA r. 4.87 r �� Qy� 870 2S 110CB 01800 CAA Grid.f-S'til ✓ it 6.26 ' i-,SG 0, Zz.v Craig Froude signing on behalf of the Froude Family Trust and the Beverly J. Survivor's Trust TOTALS •:TUT .�.. . .. **REGISTERED VOTERS** ADDRESS OF REGISTERED VOTER NAME OF REGISTERED VOTER SIGNED PETITION • • .YES NU • TOTALS: **SUMMARY** c\curpin\masters\revised\auxwkshr.mst 15-Aug-02 TOTAL NUMBER OF REGISTERED VOTERS IN THE PROPOSAL;__. NUMBER OF REGISTERED VOTERS\VJ IO SIGNED PETITION:_._ , . PERCENTAGE OF REGISTERED VOTERS WI IO SIGNED PETITION — - TOTAL ACREAGE IN THE PROPOSAL: ±11.13 acres ACREAGE SIGNED FOR:. PERCENIAGE OF ACREAGE SIGNED FORT.--_ _... TOTAL NUMBER OF SINGLE-FAMILY UNITS: TOTAL NUMBER OF MULTI-FAMILY UNITS: TOTAL NUMBER OF COMMERCIAL STRUCTURES: TOTAL NUMBER OF INDUSTRIAL STRU:IURES_._. Froude Bull Mountain Annexation Date: February 2021 Submitted to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Applicant: Venture Properties, Inc. 4230 SE Galewood Street,Suite 100 Lake Oswego,OR 97035 AKS Job Number: 4959 AAIMIESS ENGINEERING&FORESTRY 12965 SW Herman Road,Suite 100 Tualatin,OR 97062 (503)563-6151 Table of Contents I. Executive Summary 2 II. Site Description/Setting 2 III. Applicable Review Criteria 2 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE 2 18.710.080 Type III—Modified Procedure 6 CITY OF TIGARD COMPREHENSIVE PLAN 8 Goal 1 Citizen Involvement 8 Goal 11 Public Facilities and Services 8 Goal 12 Transportation 8 Goal 14 Urbanization 9 METRO CODE 9 CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 9 IV. Conclusion 10 Exhibits Exhibit A:Application Form and Petition Exhibit B: Property Ownership Exhibit C: Legal Description and Exhibit Map of Affected Territory Exhibit D:Zoning Map Froude Bull Mountain Annexation Submitted to: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Applicant: Venture Properties, Inc. 4230 SE Galewood Street,Suite 100 Lake Oswego,OR 97035 Property Owners: Froude Family Trust and Beverly J. Froude Survivor's Trust 12200 SE Bull Mountain Road Tigard,OR 97224 Applicant's Consultant: AKS Engineering & Forestry, LLC 12965 SW Herman Road,Suite 100 Tualatin,OR 97062 Contact(s): Mimi Doukas,AICP, RLA Email: mimid@aks-eng.com Phone: (503)563-6151 Site Location: South side of SW Bull Mountain Road; North Side of SW Beef Bend Road; East side of SW 122nd Avenue, Tigard, OR Washington County Assessor's Map: 2S110BC; Lot 1300 and Map 2S110CB; Lot 1800. Site Size: ±4.87 acres(Lot 1300)and±6.26 acres (Lot 1800). City Zoning Upon Annexation: R-7 Medium-Density Residential S( Froude Bull Mountain—City of Tigard February 2021 Annexation Page 1 I. Executive Summary Venture Properties,Inc. is submitting this application to annex±11.13 acres of land into the City of Tigard. The subject site is located immediately south of SW Bull Mountain Road between SW Bull Mountain Road and SW Beef Bend Road.Additionally,the application seeks to replace the subject properties'Washington County R-6 (Residential 6 units per acre) zoning designation with the City's R-7 (Medium Density Residential) zoning district, consistent with the City's Conversion Table for County and City Comprehensive Plan and Zoning Designations(Table 18.720.1, below). II. Site Description/Setting Located near the southern City Limit boundary immediately south of Bull Mountain Road between Bull Mountain Road and Beef Bend Road, Tax Lot 1300 of Washington County Assessor's Map 2S110BC and Tax Lot 1800 of Assessor's Map 2S 110CB are ±11.13 acres. Tax Lot 1800 is vacant, while a single-family residence occupies Tax Lot 1300.Properties to the east are located in the City of Tigard and are developed as single-family residences. Properties to the west of Tax Lot 1300 are located within the City of Tigard and developed as single-family residences. The properties west of Tax Lot 1800 are also developed as single-family homes, but not located within the City of Tigard. Streets have been stubbed to the subject property's eastern property line with the intention that they will extension through the subject property. Similarly,streets have been stubbed to the western property line from neighboring developed properties with the intention that they will extend through the subject site. The subject property contains slopes in excess of 10 percent. Beginning in northwest corner of the property,the terrain slopes down to the southwestern corner at an average slope of 14 percent. Tax lot 1800 has frontage along SW Beef Bend Road and a curb-tight sidewalk and overhead utilities extend along this frontage.Tax lot 1800 also has frontage along SW 122nd Avenue.Tax Lot 1300 has frontage along Bull Mountain Road with no constructed frontage improvements and the property has overhead utilities extending the length of the property's frontage. III. Applicable Review Criteria CITY OF TIGARD MUNICIPAL CODE 18.700 Land Use Applications and Review Types 18.710 Land Use Review Procedures 18.710.010 Purpose The purpose of this chapter is to establish a standard review procedure for land use applications.This chapter is intended to make the land use review process clear and understandable, to facilitate timely review by the city, and to enable the public to participate in the local land use decision-making process. 18.710.030 General Provisions A. Pre-application conferences.A pre-application conference is required for all Type II and Type III applications, except for Home Occupations, Extensions, and Complex Tree Removals. The Director may waive the requirement for a pre-application conference.Legislative actions are exempt from a pre-application conference.(...) Response: This annexation application follows a Type Ill application process. A pre-application conference was held on October 7, 2020.The criteria are met. AKFroude Bull Mountain—City of Tigard February 2021 Annexation Page 2 B. Neighborhood meetings.A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications, planned development review, sensitive lands review (Type II and III), site development review (Type II), subdivision, and zoning map amendment (quasi-judicial).(...) Response: A neighborhood meeting is not required for annexation applications. The criteria do not apply. C. Application submittal. (...) Response: This application for annexation is submitted by the contract purchaser of the subject property with the signed consent of the property owners. A detailed description of the subject property is included in this narrative above.The criteria are met. Ii Application completeness.(...) Response: The Applicant understands and accepts the completeness process for this annexation application.The criteria are met. E. Modifications of annlications. A modification of application means the applicant's submittal of new information after an application has been deemed complete and prior to close of the record on a pending application that would modify a development proposal by changing one or more of the following components: proposed uses, operating characteristics, intensity, scale,or site layout,in a manner that requires the application of new criteria to the proposal or that would require a substantial change to the findings of fact. It does not mean a submittal of new evidence that merely clarifies or supports the pending application.(...) Response: This application is for annexation of property into the City of Tigard and does not contain a modification of a previously submitted application.The criteria do not apply. F. Amended decision process. (...) Response: The Applicant understands and accepts the Amended Decision process. The criteria are met. G. Withdrawal of an application. An application may be withdrawn prior to issuance of a decision.(...) Response: The Applicant understands and accepts the application withdrawal process. The criteria are met. H. Re-submittal of annlication following denial. Applications that have been denied,excluding applications denied solely on procedural grounds,may not be resubmitted for the same or a substantially similar proposal unless one or more of the following are met: 1. Twelve months has passed since the denial became final; 2. Substantial changes are made to the application that resolve all findings for denial of the application;or 3. Standards and criteria relative to the findings of the original denial have changed. Response: This is the first application for annexation of this property.The criteria do not apply. Aiss Froude Bull Mountain—City of Tigard February 2021 Annexation Page 3 merimromora I. Receipt of submittals. Any submittals for which a deadline is provided for in this chapter must be addressed to the recipient department designated in the notice and actually and physically received by the designated recipient department on or before the close of business on the due date, except that if the due date falls on a state or federal holiday,a regular weekday that the Community Development Department,or its successor,is not open for business,or a weekend,will be extended to the close of business on the next day that the department is open for business. Emails are considered received at the time shown on the city's email system.Submittals received after the deadline will not be considered or effective. Response: This application for annexation does not have a deadline for submission. This criterion does not apply. f. Conformance with application. Unless provided otherwise in the decision, development must conform in all material respects to the approved application and submittals in support of the application. Response: The Applicant understands the requirement to conform with approved plans. This criterion is met. 18.710.070 Type III Procedure A. Notice of hearing. 1. A notice of hearing must be provided as follows: a. At least 20 days prior to the hearing date,a notice of hearing must be mailed to: i. The applicant and all owners or contract purchasers of record of the proposed development site; ii. All property owners of record within 500 feet of the proposed development site; iii. City's interested parties who have requested to receive notice of all land use notices; iv. Any city-recognized neighborhood group and community organizations whose boundaries include the proposed development site; v. Any affected governmental agency that is entitled to such notice;and vi. In actions involving appeals,the appellant and all parties to the appeal. b. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. c. At least 14 days prior to the hearing date,a notice of the hearing must be posted on the proposed development site by the applicant. An affidavit of posting such notice must be prepared by the applicant and submitted as part of the record. Response: The Applicant understands the hearing notice requirements and the sign posting responsibility of the applicant. When a hearing date is set a sign will be posted on the property by the Applicant.The criteria are met. K Froude Bull Mountain—City of Tigard February 2021 ^� Annexation Page 4 2. A mailed notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time,and location of the hearing; f. State the failure to raise an issue at the hearing,in person,or by letter, or failure to provide statements or evidence sufficient to afford the approval authority an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue; g. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; h. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing,and that a copy may be provided at a reasonable cost; i. Include a general explanation of the requirements for submittal of testimony and the procedure for conducting hearings;and j. Contain the following notice: "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." Response: The Applicant understands the information required to be included with the hearing notice.The criteria are met. 3. A posted notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time,and location of the hearing; f. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the ASFroude Bull Mountain—City of Tigard February 2021 Annexation Page 5 applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost;and g. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and that a copy may be provided at a reasonable cost. Response: The Applicant understands the information required to be included in the posted notice of hearing.The criteria are met. B. Hearing requirements. Hearings before the appropriate approval authority, as provided in Table 18.710.2,will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.100. Response: The Applicant understands that this application for annexation is decided by the City Council with a recommendation by the Planning Commission. The criterion is met. C. Decision requirements.The approval authority will approve,approve with conditions, or deny the requested application based on the applicable approval criteria and development standards. Response: The Applicant understands the decision requirements and outcome options available to the deciding body.This criterion is met. D. Notice of decision. Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is filed by the approval authority with the Director. The notice must be provided in compliance with Paragraphs 18.710.060.C.2 and 3. Response: The Applicant understands the notice requirements for the decision.This criterion is met. E. Final decision and effective date. The decision of a Type III application is final for purposes of appeal on the date the notice of decision is mailed. The decision is effective on the day after the appeal period expires,unless an appeal is filed. Response: The Applicant understands when the decision is effective for this Type III application.This criterion is met. 18.710.080 Type III—Modified Procedure All applications subject to the Type III-Modified review will follow the procedures provided in Section 18.710.070, except that the approval authority may remand the decision to the recommending body. Response: Narrative responses to Section 18.710.070 are in the above section.The criterion is met. 18.720 Annexations 18.720.010 Purpose The purpose of this chapter is to establish procedures and criteria for annexations, under the provisions of Metro Code Chapter 3.09 and Oregon Revised Statutes including, but not limited to, ORS Chapter 222. The provisions of this chapter are intended to achieve the orderly and efficient annexation of lands to the city that will result in providing a complete range of urban services and consistency with the comprehensive plan. 18.720.020 Approval Process A. A quasi-judicial annexation application is processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided L0.3( Froude Bull Mountain—City of Tigard February 2021 Annexation Page 6 by the City Council with a recommendation by Planning Commission. B. A legislative annexation application is processed through the Legislative procedure,as provided in Section 18.710.110. 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: L The annexation complies with Metro Code 3.09;and 2. The annexation is in the city's best interest. Response: The applicant understands that this application for annexation is decided by the City Council with a recommendation by the Planning Commission. Narrative responses to the criteria of Metro Code 3.09 are included with this application and addressed below. The subject property is currently within Tigard's Urban Growth Boundary and located near the southern City Limit boundary. It is in the best interest of the City of Tigard to annex this property.The criteria are met. 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. 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 Plan Designation Districts/Plan Designation R-5 Res.5 units per acre R-4.5 Low-density residential R-6 Res.6 units per acre R-7 Medium-density residential R-9 Res.9 units per acre R-12 Medium-density residential R-15 Res.15 units per acre R-25 Medium-high density residential R-24 Res.24 units per acre R-25 Medium-high density residential Office Commercial(OC) C-P Professional Commercial Neighborhood Commercial(GC) C-G General Commercial Industrial(IND) I-L Light Industrial Institutional(INST) Equivalent to adjacent County Equivalent to adjacent County base zone base zone Response: The Washington County zoning designation for the subject property is R-6(Residential 6 units per acre)which translates to the City of Tigard zoning designation of R-7 (Medium- S( Froude Bull Mountain—City of Tigard February 2021 Annexation Page 7 density residential). The applicant agrees with this zoning conversion from County zone R-6 to City zone R-7.The criteria are met. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1 Citizen Involvement 1.1 Provide citizens,affected agencies,and other jurisdictions the opportunity to participate in all phases of the planning process. Response: This application for annexation is decided by the City Council in a public hearing. The hearing process, along with the notice sent out by the City of Tigard, provide citizens, affected agencies, and other jurisdictions an opportunity to participate in all steps of this process.The criterion is met. Goal 11 Public Facilities and Services 11.1 Develop and maintain a stormwater system that protects development,water resources,and wildlife habitat. Response: This application is for annexation to bring the subject property into the City of Tigard. Future improvements on this property will follow all required processes for stormwater and protection of the water resources and wildlife habitat. Existing stormwater lines are currently within the public rights-of-way of SW Thornwood Drive,SW Aspen Ridge Drive, and SW Autumnview Street and are ready to be extended through the subject site. The criterion is met. 11.2 Secure a reliable, high quality, water supply to meet the existing and future needs of the community. Response: Existing water supply lines are currently found in the public rights-of-way of SW Thornwood Drive,SW Aspen Ridge Drive,and SW Autumnview Street and are ready to be extended through the subject site.This water supply is secure,reliable,and of high quality to serve the existing and future needs of the community. Annexation of the subject property does not change the quality or location of the existing water supply. This criterion is met. 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Response: This application is for annexation to bring the subject property into the City of Tigard. Future improvements on this property will be reviewed for compliance with this standard at the time of a future application. Existing wastewater collection system lines are within the public rights-of-way of SW Thornwood Drive, SW Aspen Ridge Drive, and SW Autumnview Street and are ready to be extended through the subject site. The criterion is met. Goal 12 Transportation 12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the community. Response: This application is for annexation and any future improvements on this property will be reviewed for compliance with this standard at the time of a future application. Neighboring properties have been built out with public right-of-way stubbed to the AI( Froude Bull Mountain—City of Tigard February 2021 Annexation Page 8 subject property in five locations.Successful annexation of the subject property will allow future street connections and improved circulation. The criterion is met. Goal 14 Urbanization 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. Response: This application is for annexation to bring the subject property into the City if Tigard.The intent of this application is to follow all steps necessary to implement the Tigard Urban Services Agreement as improvements are made to the subject property. The criterion is met. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.045 Expedited Decisions A. The governing body of a city or Metro may use the process set forth in this section for minor boundary changes for which the petition is accompanied by the written consents of one hundred percent of property owners and at least fifty percent of the electors, if any, within the affected territory. No public hearing is required. B. The expedited process must provide for a minimum of 20 days' notice prior to the date set for decision to all necessary parties and other persons entitled to notice by the laws of the city or Metro. The notice shall state that the petition is subject to the expedited process unless a necessary party gives written notice of its objection to the boundary change. C. At least seven days prior to the date of decision the city or Metro shall make available to the public a report that includes the following information: 1. The extent to which urban services are available to serve the affected territory,including any extraterritorial extensions of 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 3. The proposed effective date of the boundary change. Response: This application is for annexation into the City of Tigard. The applicant accepts the notice process outlined in the above criteria.The criteria are met. 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; b. Any applicable annexation plan adopted pursuant to ORS 195.205; c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)between the affected entity and a necessary party; d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; AI( Froude Bull Mountain—City of Tigard February 2021 Annexation Page 9 e. Any applicable comprehensive plan; f. Any applicable concept plan;and 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; Response: Aspen Ridge drive is a public street stubbed to the eastern and western property lines of Tax Lot 1300 with the intention of being extended through the subject property. SW Winterview Drive and SW Thornwood Drive are also public streets stubbed to the eastern property line of Tax Lot 1300 with the intention of being extended through the subject property. Also included with this annexation application is Tax Lot 1800 located adjacent to Tax Lot 1300 to the south. On both the eastern and western property lines are public streets intended to be extended through the subject property (SW Autumnview Street and SW Turnagain Drive). Annexation of the subject property will facilitate these additional public facilities to be constructed.The criteria are met. b. Affect the quality and quantity of urban services;and Response: There are four public streets stubbed to the property lines of the subject property.Within the right-of-ways of those public streets are urban services ready to be extended through Tax Lots 1300 and 1800. Sanitary, storm, and water are all available to serve the subject property once annexed.This criterion is met. c. Eliminate or avoid unnecessary duplication of facilities or services. Response: Annexation of the subject property will result in avoiding unnecessary duplication of facilities and services.The criterion is met. 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 partially outside the UGB. Response: The criteria responded to in this narrative fully implement the relevant State Statues. Applicable comprehensive plan sections have been included in this submitted narrative. The applicant is not aware of any concept plan this annexation application is required to address.These findings demonstrate that Metro and State annexation criteria are met. IV. Conclusion The required findings have been made and this written narrative and accompanying documentation demonstrate that the application is consistent with the applicable provisions of the City of Tigard Municipal Code. The evidence in the record is substantial and supports approval of the application. Therefore,the Applicant respectfully requests that the City approve this application for annexation. LS( Froude Bull Mountain—City of Tigard February 2021 Annexation Page 10 AKS rtw 0 0 0 rt rt 0 Exhibit A: Application Form and Petition Case#: ZCA2021-00002 1111 City of Tigard COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADL') ❑ Modification: O Type I O Type II ❑ Adjustment ❑ Planned Development: ® Annexation Consolidated Plan ❑ Comprehensive Plan Map Amendment r: Concept Plan ❑ Conditional Use Detailed Plan ❑ Downtown Development Review: ❑ Sensitive Lands Review: O Type I O Type II O Type I ❑ Type II O Type III O Adjustment ❑ Site Development Review: O 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 O Modification O Discretionary Review ❑ Miscellaneous: ❑ Zoning Map Amendment O Type II O Type III PROJECT INFORMATION Project name: Froude Bull Mountain Annexation Brief description of project:Tigard annexation of±11 13 acres of land and change Toning from Washington County R-6 to City of Tigard R-7 zone. SITE INFORMATION Location (address if available): 12200 SW Bull Mountain Road & 0 Beef Bend Road Tax map and tax lot number(s):(2S110BC01300 & 2S110CB01800) Site size: 4.87 acres(TL1300) 626 acres (TL1800) Zone: R-6 (County) to R-7 (City) APPLICANT INFORMATION Name: Venture Properties, Inc Mailing address:4230 SW Galewood Street City/State: Lake Osweao, OR Zip: 97035 Phone:Contact AoDlicant's Representative Email: Contact Applicant's Representative Applicant's representative: Mimi Doukas: AKS Engineerina & Forestry Phone: (503) 563-6151 Email: mimidQaks-eng.com City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION 0 Same as applicant (Attach list for additional owners) Namefroude Family Trust (45.44% split ownership)and Beverly J. Froude Survivor's Trust(55.56 % split ownership) Mailing address: 12200 SE Bull Mountain Road City/State: Tiaard. OR Zip: 97224 Phone: .• . :•. ' .. ' ;-. - -. . ' -Email: Contact Applicant's Representative 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 rigardplanneronduty a@tigard-or.gov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Comm • i Develo•ment Code. To the best of my knowledge,all the information provided within this application packa+a is c.• ete ,nd a urate. y.e,\ t II Applicant's signature* ` Print name Date Property owner's signature* Print name Date 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. Si At t I.SE ONL\ Case No.: ZCA2021-00002 Application fee: $3.852 Received by AL Date: 2/19/2021 Related Case(s): Determined complete by: Date: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 Case#: 71 City of Tigard COMMUNITY DEVFT OPMENT DEPARTMENT TIGARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) 0 Modification: 0 Type I 0 Type II ❑ Adjustment ❑ Planned Development: ® Annexation 0 Consolidated Plan ❑ Comprehensive Plan Map Amendment 0 Concept Plan ❑ Conditional Use O Detailed Plan ❑ Downtown Development Review: 0 Sensitive Lands Review: O Type I O Type II 0 Type I 0 Type II O Type III 0 Adjustment 0 Site Development Review: O Type I 0 Type II ❑ Home Occupation—Type II 0 Subdivision O Land Partition 0 Temporary Use Permit O Lot Line Adjustment/Lot Consolidation 0 Urban Forestry Plan: O Marijnan2 Facility Permit 0 Modification 0 Discretionary Review O Miscellaneous: 0 Zoning Map Amendment OType II OType III PROJECT INFORMATION Project name: Froude Bull Mountain Annexation Brief description of project Tigard annexation of±11.13 acres of land and change Toning from Washington County R-6 to City of Tigard R-7 zone. SITE INFORMATION Location (address if available): 12200 SW Bull Mountain Road & 0 Beef Bend Road Tax map and tax lot number(s):(2S110BC01300&2S110CB01800) Site size: 4.87 acres(TL1300) 6.26 acres(TL1800) Zone: R-6 (County)to R-7 (City) APPLICANT INFORMATION Name: Venture Properties, Inc Mailing address:4230 SW Galewood Street City/State: Lake Osweao. OR Zip: 97035 Phone:Contact Apnlicant's Representative Email: Contact Applicant's Representative Applicant's representative: Mimi Doukas: AKS Enaineering & Forestry Phone: (503)56:3-6151 Email: mimid@aks-eng.com Cs�+36srax^z1�±_i na24.^:.f�s3Y_T #. 'SY��"..L.`A•..%.`g'd3C::Y.^'?T.�'M•,s..�•»*x _ ._,."':N_�..�,'.L'.'9. _ mC1.ax.x..o..,,,..a..:.aa:wc.:a..7Eg?L;E:.'3i'?sZk6ti3:..air""�'+'�2L2S".:S!+-.'L?`S":m:'.a'k"":+';:.:i.:.. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER INFORMATION 0 Same as applicant (Attach list for additional owners) Namefroude Family Trust(45.44%split ownership)and Beverly J. Froude Survivor's Trust(55.56% split ownership) Mailing address: 12200 SE Bull Mountain Road City/State: Tigard. OR Zip: 97224 Phone: ., y ... ' . : -.,- -, . 1 Email:Contact Applicant's Representative 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 tigardplanneronduty iitivard-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. Applicant's ' ture* Print na , Date/ Orr 1fo�o� at - �7 ��Z Property�owner s signature* Print name d Date 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. 'I I t til; OAL1 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 DOUBLE MAJORITY WORKSHEET FOR ANNEXATION TO TI-IE CITY OF TIGARD Please list all properties/registered voters included in the proposal. (If needed,use separate sheets for additional listings.) "PROPERTIES" PROPERTY DESIGNATION (Tax NAME OF PROPERTY OWNER TOTAL ASSESSED VALUE OF. SIGNED Lot Numbers) ACRES ME PROPERTY Pic tION YES NU 2S 110BC 01300 S RA/e_rkt -Fro ade- 5*(4fthvoi 1": 4.87 r eLio, 676 2S 110CB 01800 C4,-/ Gez f--S1146/ I-4J 6.26 SG.0, 11.0 Craig Froude signing on behalf of the Froude • Family Trust and the Beverly J. Survivor's Trust I TOTALS: **REGISTERED VOTERS** • ADDRESS OF REGISTERED VOTER NAME OF REGISTERED VOTER SIGNED YESNO • • TOTALS: **SUMMARY" iAcurpIrAmasterAirvisetNauxvikslit.mst I5-Aug-02 TOTAL NUMBER OF REGISTERED VOTERS IN THE PROPOSAL: . . NUMBER OF REGISTERED VOTERS\VI IO SIGNED PETITION — — PERCENTAGE OF REGISTERED VOTERS NVI10 SIGNED PETITION- TOTAL ACREAGE IN THE PROPOSAL: ±11.13 acres • ----- ACREAGE SIGNED FOR. PERCENTAGE OF ACREAGE SIGNED FOR--- TOTAL NUMBER OF SINGLE-FAMILY UNITS: — -- TOTAL NUMBER OF MULTI-FA-MILY - - . _____ TOTAL NUMBER OF COMMERCIAL STRUCTURES: TOTAL NUMBER OF INDUSTRIAL STRUCTURES __ . _ THIS SECTION IS TO BE COMPLETED BY WASHINGTON COUNTY ASSESSOR'S OFFICE CERTIFICATION 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: F0.5n— TITLE: G--6 wof kit NEXATION CERTIFIED DEPARTMENT: Com/ Z, 44`t' COUNTY OF: tfi --W;"/ FEB 1 £ 2021 DATE: Z•h(2 2-! NTYA&T CARTOGRAPHY * indicates that'Owne?meant the owner of the tide to real property or the contract purchaser of real property. THIS SECTION IS TO BE COMPLETED BY WASHINGTON 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 temtoryto be annexed. NAME: TITLE: DEPARTMENT: COUNTY OF: DATE: iAcurpin\masters\revised\cenifymst 15-Aug-02 Exhibit B: Property Ownership Ihe V) N 0 N Q.. O a eci pm PZ X W •5 x A M r Customer Service Department :4;013e‘ � jC s Phone:503.219.TRIO(8746) First American Title Fax:503.790.7872 4 Email:cs.oregon@firstam.com Date: 1/29/2021 OWNERSHIP INFORMATION Owner:Froude,Beverly Survivors Trust&Froude,Carl J Credit Parcel#:R493709 Shelter Trust CoOwner: Ref Parcel#:2S110CB01800 Site:Portland OR 97224 TRS:02S/01W/10/SW Mail:12200 SW Bull Mountain Rd Tigard OR 97224 County:Washington PROPERTY DESCRIPTION ASSESSMENT AND TAXATION Map Grid:655-B7 Market Land:$0.00 Census Tract:031908 Block:2003 Market Impr:$0.00 Neightborhood:Cpo 4b Bull Mtn Market Special:$2,860,220.00 School Dist:23J Tigard-Tualatin Market Total:$2,860,220.00(2020) Impr Type: %Improved:0.00% Subdiv/Plat: Assessed Total:$3,690.00(2020) Land Use:6401 -Designated Forestland-Vacant- Levy Code:23.78 Residential Tax:$59.39(2020) Std Land Use:OTHR-Other Millage Rate:16.1178 Zoning:Washington Co.-R-6-Low Density Residential Exemption: District Exemption Type: Lat/Lon:45.41015621 /-122.80251706 Watershed:Fanno Creek-Tualatin River Legal:ACRES 6.27,POTENTIAL ADD'L TAX LIABILITY PROPERTY CHARACTERISTICS Bedrooms: Total SqFt: Year Built: Baths,Total: First Floor: Eff Year Built: Baths, Full: Second Floor: Lot Size Ac:6.26 Acres Baths,Half: Basement Fin: Lot Size SF:272,686 SqFt Total Units: Basement Unfin: Lot Width: #Stories: Basement Total: Lot Depth: #Fireplaces: Attic Fin: Roof Material: Cooling: Attic Unfin: Roof Shape: Heating: Attic Total: Ext Walls:Wood Building Style: Garage: Const Type: SALES AND LOAN INFORMATION Owner Date Doc# Sale Price Deed Type Loan Amt Loan Type CARL CREDIT J FROUDE 11/23/2009 101880 Deed Conv/Unk BEVERLY SURVIVORS FROUDE 11/23/2009 101881 Deed Conv/Unk BEVERLY SURVIVORS FROUDE 04/28/2009 36700 Deed Conv/Unk CARL CREDIT J FROUDE 04/28/2009 36701 Deed Conv/Unk FROUDE FAMILY TRUST 02/01/2006 12614 Deed Conv/Unk CARL J FROUDE Deed Conv/Unk Sentry Dynamics, Inc.and its customers make no representations,warranties or conditions,express or implied,as to the accuracy or completeness of information contained in this report. 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LIMI :Ir.!!! :.id's? rit t } r �yes.`•� �� "• }1~. 1 ti a w 1,5 41.507, —...1 P. ' '"ilii1 :y.A�,.e 01.. y1.4t y ;,;. ,ti 5i...r� }.1'�3F� �I' N �" . ,n.-"ea. �`1_�y � ±/` , ,..-�/' I > • r ice,_v ) Illi 7 4 ii •, • SW OURMAM RO - i !I as ti 111111 .l y `� 4ourhan T5E[FBE DRU �.G _ t�1 .�` t y/1 • r IIII a 11� 116!Y/ .....' •!I!� x:II�SW rtSCNE R,RD ...ili��Ii', if *. 4.,,,.,i.LOODWAY.; ..,„ �'I��fpilfl in ate:Ma 1 yin, r. ,�/r i . ., ..... 1..„,, ... j "".. ood Fringe Aea �� *♦�t�•� ter= y �pi r-i. . . • ,. . ..,►� �//��f :r� �,.._-�� 011r 4:4"/ �i� �''�A." ,/4, ;�� _ s4 AInnNRnr . s "4 A'.aim �� IIv� COtt•�t �/ ■Ium Will.41 011111111111 i •� `� %. •i >ri" At . riwip • EI ev iY�7IF7 Ii. �e. _ -.__ ► .} /L► Io An �g- � ' a ;_-r1�ll •I'_ •,1t/i'T. NIA r• -4' , 0.�r ''/� ! ' Ng ''4'''''' /' w, r .i .-�, _ ., imam • re ►. .•Nason,;, 7, I L . u till...."0-41:b.,. O`. L 1 • , ,,�,�i�-� aN(t+��`�■� SJ 1' _0,0�VH�+F fti[Y,,:,.T f ii�i r�r IT,, ,, A M 1♦,t ♦' Parcel ID:R493709 's Sentry Dynamics, Inc.and its customers make no representations, First American Title warranties or conditions,express or implied,as to the accuracy or A...—.4-1-' completeness of information contained in this report. Washington County,Oregon 2009-101881 11/23/2009 11:01:17 AM D-DW Cnta1 Stne9 C TOMPKINS I t $20.00$5.00$11.00$15.00-Total c 551.00 �‘ Acct.No.: R0491916&R0493709 I IUhIIlUllIfllfIlllIlIIfI I11111IIII Nll 01429223200901 188100400441 After recording return to: 1.Richard Noberrbcht.OW.Ctar ofAapaumatt ane Zalutsky.Klarquist&Reinhart P.C. Ta=at+o„_and E=-uncle co„nty Curb for Waewuta+ Ait q County Oregon do hereby certify that the vdffml 215 SW Washington Street,Third Floor instrument of wasMeting was received and recorded In a K!?-»(. Portland.Oregon 97204-2636 book of records of said court n N Richard eb.rrbcht.Director Of Afaeaament and •ral}:' ", Taxation.Es-011kio County Clerk Until a change is requested, all tax statements shall be sent to the following address: Beverly J.Froude,Trustee 12200 SW Bull Mountain Rd Tigard,OR 97224 Warranty Deed RERECORDED TO CORRECT NAME OF GRANTOR,PREVIOUSLY RECORDED AS DOCUMENT NUMBER 2009-036700. Grantor: BEVERLY J. FROUDE,sole surviving Trustee of the FROUDE FAMILY TRUST AGREEMENT DATED 3/11/97 Grantee: BEVERLY J. FROUDE,TRUSTEE of the CARL J. FROUDE SURVIVOR'S TRUST u/a dtd. 3/11/97 Washington Com'Oni°On 2009-036700 • 04/2012009 10:19:19 AM DOW Cnt.1 atn.f C TOMIKINS $15.00 WOO 111.00-Tata/s 131.00 Acct.No.: R0491916&R0493709 •iiiiii r ��111 IIllIl 013 . , . rr 3x70,S`8'T,32 I,Richard or d AkMkMnert and After recording return to: Tendon and Covaly Clerk her WMNnpton •,rr. t Zalutsky,Klarquist&Reinhart,P.C. ewer • do twney clew mn m.within ' �t`� 215 SW Washington Street,Third Floor n"'of voting wwas received and'Scn nw �r Portland.Oregon 97204-2636 R10"'rd NNl«+tcnt. 'i Totten,5..omo.County Clerk Until a change is requested,all tax statements shall be sent to the following address: Beverly J.Froude,Trustee 12200 SW Bull Mountain Rd Tigard,OR 97224 WARRANTY DEED ACMEMEdT DOVItb MARtK 11,1944 BEVERLY J. FROUDE, sole surviving Trustee of the FROUDE FAMILY TRUST Grantor, conveys and warrants to BEVERLY J. FROUDE, TRUSTEE of the BEVERLY FROUDE SURVIVOR'S TRUST u/a dtd.3/11i97,Grantee,an undivided 55.56%interest as a tenant in common in the following described real property located in Washington County.Oregon: See Exhibits A and B,attached hereto and incorporated herein by this reference.. The true consideration for this conveyance is Snone. } ear Dated: U .1 - ,2009 Beverly J.Fro T -tee BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300.195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,OREGON LAWS 2007. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED ISA LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424.OREGON LAWS 2007. STATE OF OREGON,Washington County)ss. This instrument was acknowledged before me on April 2 ,2009,by Beverly J. Froude.Trustee of the Froude Family Trust under agreement dated 3/11/97. 1 OFFICIAL SEAL �( STEPHEN J KLAROUIST j NOUuttl PUBLLGOREciON Notary ublic f goo C M ISSIOON EXPIRES APRIL 12 EXHIBIT"A" Beginning at a point on the East and West center line of Section Ten(10),Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, North 89°54' East 720.7 feet from the quarter section corner on the West line of said Section Ten (10), the said beginning point being the Southwest corner of that certain tract conveyed to Carl I.Froude et ux as described in Deed Book 211 at Page 656, Deed Records of Washington County, Oregon; thence North 0° 12-1/2' East along the West line of said Froude tract 829.65 feet to a point in the center of Bull Mountain Road; thence North 86°20' East along the center line of said road 260 feet to a point marked by an iron pipe; thence South 0° 12' West along the East line of said Froude tract 845.79 feet to a point on the East and West center line of said Section Ten (10); thence South 89°54' West along said East and West center line 259.53 feet to the point of beginning. Ti- 13ao; 12.0'1(9(4 - --- — — I EXHIBIT B PARCEL 1: A portion of that certain tract of land in the Southwest Quarter of Section 10, Township 2 South. Range I West, Willamette Meridian. Washington County, Oregon, conveyed to H.R. Stromquist by deed recorded in Book 124. page 48, Washington County Deed Records. said portion being more particularly described as follows: Beginning at a point North 89°49'50" East 633.60 feet from a stone marking the quarter corner on the West line of Section 10,Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon,said point being as shown on record of survey#9983 filed with the County Surveyor's office on February 10, 1966,as prepared by John W.Compton,Jr.,Registered Surveyor;thence North 89°30' East 322.62 feet marked by a 5/8 inch by 30 inch iron rod;thence South 00°24'15"East 423.54 feet,to a point marked by a 5/8 inch iron rod; thence South 89°39'West, 298.46 feet,more or less,to a point which bears South 03°30' East 424.28 feet from the point of beginning; thence North 03°30' West 424.28 feet,more or less,to the point of beginning. TOGETHER WITH a nonexclusive easement for road and utility purposes over and across that 50 foot strip of land the centerline of which begins at 5/8 inch iron rod which is North 89°49'50" East 633.6 feet and North 89°39' East 322.62 feet from a stone marking the quarter corner on the West line of Section 10.Township 2 South, Range 1 West of the Willamette Meridian;thence South 0°24'15'' East 871.46 feet,more of less,to the center of Southwest Bend Road(County Road No.A-148). PARCEL II: A tract of land in the Southwest Quarter of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, Washington County,Oregon described as follows: Beginning at a point North 89°49'50" East 633.6 feet from the quarter corner of the West line of said Section 10,said point being the Northwest corner of that tract described in deed to Harvey L. Knauss et ux, recorded March 30, 1966, in Book 594, page 313. Washington County Deed Records; thence South 03°30' East along the boundary line established by Agreement recorded March 11, 1966, in Book 591, page 365 of said Deed Records, 1054.25 feet to the center of Bend Road; thence North 54°58'45" East along the center of such road 318.14 feet,more or less,to the Southeast corner of that tract described in Contract recorded December 7, 1965, in Book 380, page 272, said Deed Records, thence North 00°24'15" West along the East line of said last described tract and the East line of that tract described in deed to Joseph S. Grimstad, et ux, recorded January 20, 1987, in Book 628, page 148, said Deed Records, 871.46 feet to the Northeast corner of said Grimstad tract; thence South 89°39'West 322.02 feet,more or less,to the point of beginning. TOGETHER WITH a nonexclusive easement for road and utility purposes over and across that 50 foot strip of land the centerline of which begins at a 5/8 inch iron rod which is North 89°49'50" East 633.6 feet and North 89°39' East 332.62 feet from a stone marking the quarter corner on the West line of Section 10, Township 2 South, Range I West of the Willamette Meridian; thence South 00°24'15" East 871.46 feet,more or less,to the center of Southwest Bend Road(County Road No.A-148). TOGETHER WITH any and all other easement rights appurtenant to the above described property, including but not limited to the easement described in Book 631, page 645, Deed Records of Washington County.Oregon;SUBJECT TO easements,zoning and use restrictions and conditions of public record. Amok Customer Service Department t �M � �J 5 `, Phone:503.219.TRIO(8746) :isle; First American Title Fax:503.790.7872 Email:cs.oregon@firstam.com Date: 1/29/2021 OWNERSHIP INFORMATION Owner:Froude,Beverly Survivors Trust&Froude,Carl J Credit Parcel#:R491916 Shelter Trust CoOwner: Ref Parcel#:2S110BC01300 Site:12200 SW Bull Mountain Rd Tigard OR 97224 TRS:02S/01W/10/NW Mail:12200 SW Bull Mountain Rd Tigard OR 97224 County:Washington PROPERTY DESCRIPTION ASSESSMENT AND TAXATION Map Grid:655-B6 Market Land:$612,460.00 Census Tract:031908 Block:2003 Market Impr:$98,080.00 Neightborhood:Cpo 4b Bull Mtn Market Special:$2,138,330.00 School Dist:23J Tigard-Tualatin Market Total:$2,848,870.00(2020) Impr Type:R1 -Residence Single Family % Improved:3.00% Subdiv/Plat: Assessed Total:$222,110.00(2020) Land Use:6411 -Designated Forestland-Improved- Levy Code:23.78 Residential Tax:$3,574.57(2020) Std Land Use:RSFR-Single Family Residence Millage Rate:16.1178 Zoning:Washington Co.-R-6-Low Density Residential Exemption: District Exemption Type: Lat/Lon:45.41250379/-122.80232214 Watershed:Fanno Creek-Tualatin River Legal:ACRES 4.88,POTENTIAL ADD'L TAX LIABILITY PROPERTY CHARACTERISTICS Bedrooms:3 Total SqFt:2,904 SqFt Year Built:1960 Baths,Total:1 First Floor:1,178 SqFt Eff Year Built:1960 Baths,Full: Second Floor:548 SqFt Lot Size Ac:4.87 Acres Baths,Half: Basement Fin: Lot Size SF:212,137 SqFt 1 Total Units: Basement Unfin:1,178 SqFt Lot Width: #Stories: Basement Total:1,178 SqFt Lot Depth: #Fireplaces:1 Attic Fin:548 SqFt Roof Material:Comp Shingle Cooling: Attic Unfin: Roof Shape:Gable Heating:Forced Air Attic Total:548 SqFt Ext Walls:Siding Building Style:RSO-Single Family Garage:Garage 200 SqFt Const Type:Wood Frame SALES AND LOAN INFORMATION Owner Date Doc# Sale Price Deed Type Loan Amt Loan Type FROUDE CARL J CREDITS 11/23/2009 0000101880 Quit Claim Conv/Unk FROUDE BEVERLY SURVIVORS 11/23/2009 0000101881 Quit Claim Conv/Unk FROUDE BEVERLY SURVIVORS 04/28/2009 0000036700 Quit Claim Conv/Unk FROUDE CARL J CREDIT S 04/28/2009 0000036701 Quit Claim Conv/Unk FROUDE,CARL&BEVERLY 01/18/2008 0000004929 Deed Of Trust$20,000.00 Conv/Unk FROUDE,CARL&BEVERLY 06/28/2007 0000071739 Deed Of Trust$50,000.00 Conv/Unk FROUDE,CARL&BEVERLY 09/28/2006 0000115449 Deed Of Trust$50,000.00 Conv/Unk FROUDE FAMILY TRUST 02/01/2006 0000012613 Quit Claim Conv/Unk FROUDE,CARL&BEVERLY 07/20/2005 0000084517 Deed Of Trust$100,000.00 Conv/Unk FROUDE,BEVERLY SURVIVORS TRUST& 2009101881 DW Sentry Dynamics, Inc.and its customers make no representations,warranties or conditions,express or implied,as to the accuracy or completeness of information contained in this report. 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L, I sti !..AN t ."'r ' i 4s,,,1 _lut_..1,4L4 ',1' '''''' - I w At rn MINVISIN ST "•"< 1.2., i Parcel ID:R491916 0.S Site Address:12200 SW Bull Mountain Rd First American Title Sentry Dynamics,Inc.and its customers make no representations, warranties or conditions,express or implied,as to the accuracy or .41... completeness of information contained in this report. I Street Map No 1 i so Oita , ,,an i a, oat 4 ir ( • ir �'!�`�� ,,'� W AERIE DRC`» •�, Y ;:: A J4 ill �„�� II I R 2`�: .'..;4,43'A-77 OAARDE S1J� -min .. �. ., ',�i.,_ - J ��,-.; - .�_ .W COLE L /�■ r.�� 1 > Ili; IN �. • �� W CHANDLER D G-iai ` _y _ i- ailliti mill Wil 1 Z. �� /� 1 illm/ u1 riuli 1m _ ' 1 ,� G_` i-'-SW DUCHILLY CTiiiNoir , „ w ; i IF 1111/411111i1111/9 !. ' in /, g4 alig g All01411111110 ..); i 1111iiPir. 1 mil nor 2 AllillteAt I 1 INS ;ll } j _ z• ,II , a ' — L.. 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',:'. -.- 1 .1 111." dill 1 sw •• -'- ' ,I , S Ex' LEVI ION 09...---,d.-F i INK , —I InEredtfpn ' i 1- 4 $•_.....• , 00' _ .100 - t ncte'rit .a - 11,..P 11101/ - .04 - IIIIIR 1•*.,AnnU. ._ha c ,,,,e/it Om - ...at% / III . ..../...........,,_ , - 4.1 so• 11101, 'el. stir- SW,124TN'AVE c ,40, 0 6,0 otik __.„ - .„...--..'". 471,4t.,,,, ..m...,, , %. '—• . /------ it , - Parcel ID:R491916 C •*S , • Sentry Dynamics, Inc.and its customers make no representations, 1 First •American Title warranties or conditions,express or implied,as to the accuracy or ./,._!‘ . completeness of information contained in this report. - ^.j Washington County,Oregon 2009-101881 9 11/23/200911:01:17 AM 0-OW Cnt=1 8tn•9 C TOMPKINS S20.00$5.00 511.00$15.00-Total=S51.00 I f �Z Acct.No.: R0491916&R0493709 11111111 IIllhIOIfthIII IHII 11111111 I IU 01429223200901018810040044 After recording return to: I Richard tiODerrsCht Director Of AOseasmeeu OAA a`(':", ,Klarquist&Reinhart P.C. Tax■twand w E:O. nakro County Clerk for Weetertpt Zalutsk YCounty Oregon do Mnby certify that the within ..Zrr„Ty 215 SW Washington Street Third Floor natrument of voiding was received arid recorded M the y T book of records of said coul Jt+�9 Portland,Oregon 97204-2636 �•<<uf 4�=' '..2 Richard MOMrreCht,Nelda.Shut 1Omerit and notation.Es"Offk,o County Clete Until a change is requested, all tax statements shall be sent to the following address: Beverly J.Froude,Trustee 12200 SW Bull Mountain Rd Tigard,OR 97224 Warranty Deed RERECORDED TO CORRECT NAME OF GRANTOR,PREVIOUSLY RECORDED AS DOCUMENT NUMBER 2009-036700. Grantor: BEVERLY J. FROUDE,sole surviving Trustee of the FROUDE FAMILY TRUST AGREEMENT DATED 3/11/97 Grantee: BEVERLY J. FROUDE,TRUSTEE of the CARL J. FROUDE SURVIVOR'S TRUST u/a did. 3/11/97 Washington County,Oregon 2009-036704 • 04/20/200910:19:19 AM 0.0* Cnts1 Slln.9 C T014PKINS $13.00$3.00$11,00-Totals$31.00 Acct.No.: R0491916&R0493709 11111111 01359> ,' ,307.0.•3••32 t Richard Slam or d W..wwur and After recording return to: Twtanand- 1 Camay Cleft for Washington T Zal ,Klarquist&Reinhart,P.C. Com'• se Mrd portly Wet"'o within `, •"` ` ""^J of wilting was lyly: rounded n Oho �' :�'� 215 SW Washington Street,Third Floor records al wild C;`• g`9 Richsro►l.►.nrcht.Director oraus... c�`f i� Portland,Oregon 97204-2636 Tplclon,Ewafki.County Carr Until a change is requested,all tax statements shall be sent to the following address: Beverly J.Froude,Trustee 12200 SW Bull Mountain Rd Tigard,OR 97224 WARRANTY DEED ACREEME00T DeiTaa MAktH 0,1194 BEVERLY J. FROUDE, sole surviving Trustee of the FROUDE FAMILY TRUST+&k-thet I9L4)7 Grantor. conveys and warrants to BEVERLY J. FROUDE, TRUSTEE of the BEVERLY FROUDE SURVIVOR'S TRUST ula dtd.3/11/97,Grantee,an undivided 5536%interest as a tenant in common in the following described real property located in Washington County,Oregon: See Exhibits A and B,attached hereto and incorporated herein by this reference.. The true consideration for this conveyance is Snone. t �� Dated: 0 -,l -.�7. - ,2009 Bever�ly J.Froud T tee BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,OREGON LAWS 2007. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY, UNDER ORS 195.300.195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424.OREGON LAWS 2007. STATE OF OREGON,Washington County)ss. This instrument was acknowledged before me on April 2 ,2009,by Beverly J. Froude,Trustee of the Froude Family Trust under agreement dated 3/11/97. I - S � .,. oFFtaAI E y�; STEPHEN J KLAAOUIST , � OTAOpMNNSSION NRY PUBUN0. 2660C-0EGON3 Notary ublic f, • gon MY COMMISSION EXPIRES APRIL 26.2012 EXHIBIT"A" Beginning at a point on the East and West center line of Section Ten(10),Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, North 89°54' East 720.7 feet from the quarter section corner on the West line of said Section Ten (10), the said beginning point being the Southwest corner of that certain tract conveyed to Carl J.Froude et ux as described in Deed Book 211 at Page 656, Deed Records of Washington County, Oregon; thence North 0° 12-1/2' East along the West line of said Froude tract 829.65 feet to a point in the center of Bull Mountain Road; thence North 86°20' East along the center line of said road 260 feet to a point marked by an iron pipe; thence South 0° 12' West along the East line of said Froude tract 845.79 feet to a point on the East and West center line of said Section Ten (10); thence South 89°54' West along said East and West center line 259.53 feet to the point of beginning. '1"t_ 1300; Rd'11?1!o 1 EXHIBIT B PARCEL I: A portion of that certain tract of land in the Southwest Quarter of Section 10, Township 2 South, Range I West, Willamette Meridian, Washington County, Oregon, conveyed to H.R. Stromquist by deed recorded in Book 124, page 48. Washington County Deed Records, said portion being more particularly described as follows: Beginning at a point North 89°49'50" East 633.60 feet from a stone marking the quarter corner on the West line of Section 10,Township 2 South,Range I West, Willamette Meridian, Washington County, Oregon,said point being as shown on record of survey N9983 filed with the County Surveyor's office on February 10, 1966,as prepared by John W.Compton,Jr.,Registered Surveyor;thence North 89°30' East 322.62 feet marked by a 5/8 inch by 30 inch iron rod;thence South 00°24'15"East 423.54 feet,to a point marked by a 5/8 inch iron rod; thence South 89°39'West, 298.46 feet,more or less,to a point which bears South 03°30' East 424.28 feet from the point of beginning; thence North 03°30' West 424.28 feet,more or less,to the point of beginning. TOGETHER WITH a nonexclusive easement for road and utility purposes over and across that 50 foot strip of land the centerline of which begins at 5/8 inch iron rod which is North 89°49'50" East 633.6 feet and North 89°39' East 322.62 feet from a stone marking the quarter corner on the West line of Section 10.Township 2 South, Range I West of the Willamette Meridian;thence South 0°24'15" East 871.46 feet,more of less.to the center of Southwest Bend Road(County Road No.A-148). PARCEL II: A tract of land in the Southwest Quarter of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, Washington County,Oregon described as follows: Beginning at a point North 89°49'50" East 633.6 feet from the quarter corner of the West line of said Section 10,said point being the Northwest corner of that tract described in deed to Harvey L. Knauss et ux, recorded March 30, 1966, in Book 594, page 313, Washington County Deed Records; thence South 03°30' East along the boundary line established by Agreement recorded March 11. 1966, in Book 591, page 365 of said Deed Records, 1054.25 feet to the center of Bend Road; thence North 54°58'45" East along the center of such road 318.14 feet, more or less,to the Southeast corner of that tract described in Contract recorded December 7, 1965, in Book 380, page 272, said Deed Records, thence North 00°24'15" West along the East line of said last described tract and the East line of that tract described in deed to Joseph S. Grimstad, et ux, recorded January 20, 1987, in Book 628, page 148, said Deed Records, 871.46 feet to the Northeast corner of said Grimstad tract; thence South 89°39'West 322.02 feet,more or less,to the point of beginning. TOGETHER WITH a nonexclusive easement for road and utility purposes over and across that 50 foot strip of land the centerline of which begins at a S/8 inch iron rod which is North 89°49'50" East 633.6 feet and North 89°39' East 332.62 feet from a stone marking the quarter corner on the West line of Section 10, Township 2 South, Range I West of the Willamette Meridian; thence South 00°24'15" East 871.46 feet,more or less,to the center of Southwest Bend Road(County Road No.A-148). TOGETHER WITH any and all other easement rights appurtenant to the above described property, including but not limited to the easement described in Book 631, page 645, Deed Records of Washington County,Oregon;SUBJECT TO easements,zoning and use restrictions and conditions of public record. Exhibit C: Legal Description and Exhibit Map of Affected Territory Crj O 'O U CU Ct O al U to GU Q r-r CrS bA G) V 4.4.10011 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 S11°i3c. d' 2S1 f o C13 ) 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 lib Fb3"G�2 TITLE C-t S -1444 DEPARTMENT C -6 GPIAjr COUNTY OF \,ik lir -c DATE 2 / /'i ANNEXATION CERTIFIED BY 7/� FEB 16 2021 WASHINGTON COUNTY A&T CARTOGRAPHY I:curpin\masters\revised\legal description cerrification.doc 15-Aug-02 1 AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97052 AK5 Job#4959 P:(503)563-6151 I www.aks-enE.com "G1.4E1Ra45&F(MFSTIty OFFICES IN: BEND,OR- KEIZER,OR -TUALATIN,OR-VANCOUVER,WA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South,Range 1 West, Willamette Meridian, Washington County, Oregon,and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights", also being on the City of Tigard city limits line;thence along said city limits line and along the west line of said plat and the southerly extension thereof, South 01°37'55"West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line, South 58°58'34"West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of 1500.00 feet, Delta of 05°27'45",Length of 143.01 feet,and a Chord of South 56°14'41"West 142.95 feet;thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said east line,North 01°49'12"West 1037.35 feet to the south line of the plat of"Thornwood"and the City of Tigard city limits line;thence along said south line and said city limits line, South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the east line of said plat and the northerly extension thereof, and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way line of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line and the southerly extension thereof,and continuing along said city limits line, South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28" West 23.59 feet to the Point of Beginning. The above described tract of land contains 11.26 acres,more or less. 01/22/2021 ANNEXATION CERTIFIED REGISTERED PROFESSIONAL 1 BY LAND SURVEYOR FEB i 6 2021 OREGON WASHINGTON COUNTY A&T JANUARY 12, 2016 CARTOGRAPHY IAICIUIEL S. KAUNA R9558PLS RENE*: b730/21 'Ir .3 EXHIBIT B o �N88"l7't�5"E 260.37' -„L-.: - -� -- - - -- - - -I A TRACT OF LAND LOCATED IN SW BULL MONTAIN RD 1 \ , THE NW 1/4 AND SW 1/4 OF — SEC. 10, T2S, R1W, W.M. ! '. . w‘) -+ I I IT, OREGON I t MOHNTAIN "tooas I —12- VIEW " 1PARK o ,1 Es!t,_, •�-�'' w -. i ''" FEB 16 2021 — — s �� , ::ia 3 02/09/2021 �+' _ _ ^ z In _` WASHINGTON COU i t r IA rs1ERED `-- --_._ _ » TABS A aT» CARTOGRAF-IY PROFESSIONAL �� i 8 ASPEN LAND SURVEYOR " —— _ »TN N' /C61-t•- __ • OREGOARY 12,N 2016 , `� _ JANU SSW ASPEN RIDGE DR— — _-NORTH LI_NE OF- MICHAEL S. KAMA - -7-`I I ""I ITHE SW 1/4 RENEWS; 6/30/21 S88'10 28 E 87.46� »ASPEN RIDGE'. 1 1 1 1 1 N CITY OF 11GARD AREA: N8810'281,23.p' 1 LTYT lTs � 11.26 ACRESf/ PINT OF BEGINNING / NW CORNER OF PLAT OF "SOUTH VIEW HEIGHTS" I O -.._ 11 *SOUTH _ -SW AUTUMNVIEW ST VIEW ESCALE: 1"=200 FEET P111111.111106i » RNAGAIN--- SW TURNAGAIN DR _ 200 040 100 200 HEIGHTS —3_1,4 i e ►, ,i.!... s ...: r..... r- u, 2 Le) CURVE TABLE 1 � e ____ E RADIUS DELTA LENGTH CHORD cin WAICa iil' 41.1° \ Cl 1500.00' 527145" 143.01' S5614'41'W 142.95' _ /. S58'58'34"W 143.77' ✓1 CITY OF TIGARD EXH. T 'r Cl ANNEXATION MAP B • AILS ENGINEERING & FORESTRY, LLC Df MHJ �;$ L=143.01 12965 SW HERMAN RD, STE 100Allis AKS JOB: M /40¢0 29 58�r4gwW .503.563.6151 597062 WWW.AKS—ENG.COM 4959 OW.41159(711 ANP&X UN II 1 k77iiI1 B A3a. rhI .ma. 2S110BC • • «" _ YeW -Il.....5H P. . N1G a• 3bta .SWW ]N1W.. !t alum - *.' _',tl, ` tp RtpB s N ,. yap V r• S •,k $ .,e11v ,r'W. lTaw mart';„11.1-`�`I 1:w SW CORYUS CT . • SW F e �tru,_ .- \ J 'r^T_ _.br- " -- Derr ya. ». -'!"—"� „v, ,ysw , w op. �/ a tB 01K ��iei•.- mar. : p�wo, a4^OeaW. /- / C »90/L �. ]BxW 38 000 ri 200 G 4) 400 a �'. ®19JI r 31.371. _ICS 2 WASHINGTON COUNTY OREGON " / P CI` 1 DB �s - "� SW 114 NW 1/43ECTION 10 T2S R7 W W.M. ' ,,, e9 IV "gym .'; SCALE 1"•100' 261 • .:r:, ' u __4 r FeTOD aeao s ,�: • t' ' 23 74 - t 1 '1 zu ,a, �w. 6,, 1 ,36 _i1 22 231 aa. .3e 1 321 N, i . , , ° 1 Rm1 '� H ,iF., ,,, •r%+c . s , 1 .S \' 111 .. : 1 4k. I 2 RR . . 01x\ F 2.. 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" 4 4 R a i 3` . t' mh2 1 i1, Q�V c0 UO l , C Q R a A fi o 3 t�a ,o g F" 2Oy{• 2 F oO r' Q: V t g ^ - - l3 A A k 1 ` V Z 8 8 V24 iilz5;Ylt t t ti¢¢s t A 2u) t e o� N 1 i 7i, x ^IRI R Q' A A ^ R Q i-;ysll ;{§ eW2i'Fj N N - D O L---) .' (� �'1s } y� V4 0081t.1 t t t ; z� R : s A: A . a S U a 8 55 s"% t <wwp a i I I s 1 s . .. .. v a s . a 8 S B F k�lNil p '8 'd'`4 ZooIi 1 it �, tatR - . X A R s3 $ s CO f S.4011 e- 041 ott { �, / "f mit !t 41. '`' � `,, I a Ma...Ir.' III* ,,, R ` co � ��,��A i5 i E44E,,. N., .1".,+ ,` . t.e ' 7 1 N N i i ie r 4 •, ti •: it %.'" J�•,i--1,4. ''4it°0 Mta .1el,,..• 1.P�a s[[ .. '�. P,; AKS T1 r• 0 OQ "L3 Exhibit D: Zoning Map Lill \ \ • :'=�G^M'MATI�ST R e�6°t - - '-Ai PI �.i Zoning Map 01� / ,` Ilb Effective 10/22/2020 „.. . . W „Ian (____,,,,,. , 3240 rc �� !I City of Tigard,Oregon illfw'_ >,1-- „„.,„„,F, M ...7. In 1101. co R-121 . :-. _ /, NLA 'E I: T O N `_ a-12 3 ® v 1 _. �= ' ill I> 1 Zoning Classifications •,,,,,"--.... •y % -- _.N M'E- I R-1Residential Low-Density 1 ° � ' W q PR P I � o Or, 1---. d�,RO MUR-2 T I R-2 Residential Low-Density P----,•-/ �_,� `�S� RR' R•7 R-25 R-7 R-1Li-.-_--J' -• - R 'I R-3.5 Residential Low-Density ' - --r SONO I MUR-1 PR / R-4.5 Residential Low-Density w R-2 R-0.5 R-7 Residential Medium-Density PR a ¢ R-3.5 IR R 12 R-7 ¢ t- R-0.5 R-12 Residential Medium-Density R-25 ,- R•12 'n R-1 �RI \� R-25 . les / ,^v c\- R-0.5 MUE R-25 Residential Medium-High-Density // - c P 1 R-40 Residential High-Density ,� I(�' l\�/ R-7 �,., �O�'g •r R-25 R 7 ...•. MUR-1 Mixed Use Residential 1 ' S t �. «- - -// ��-. . MUR-2 Mixed Use Residential 2 y L �► /c PRIHRI P• WI illvd u • 4 r /•II" -{ R-12 R 12 ,-''Q - MU-CBD Mixed Use Central Bus Dist '� } I R-25 l 'C p1.NU ST ® •ROlr D PR II�,T) F-��11 - C-C Community Commercial �f I r� R-12 - y �5�i� MI C-G General Commercial _• -' �'� __ I Al R-4.5 G'v2 - O C-N Neighborhood Commercial -.- 1 .-^ ( WA-CNTy I III ikF it .L _ 'ib - C-P Professional Commercial In - S R-0.SIHR) R-25 '.a 11 a-25 p /, I "�- ` °s, - MUC Mixed Use Commercial I R4.5 --1-.I t % !II/ Ell MUC-1 Mixed Use Commercial 1 EI I , R �' fI R-7 _ / /R-4.5 !� '� BU9sR-25 �L N TMU Triangle Mixed Use 11 0-C i �.. l� R-3.5 R-Ix N. R-3.5 �\ O MUE Mixed Use Empoloyment II- . �' I 1, ' --+{1`i¢ _, R-0.5 ) PR -- I - MUE-1 Mixed Use Employment 1 L-__11 I ,1 c2,-0 - =1-�1-_ R] • ^ --� GAARCEF R-0.S IHR) R-] IHR ` .O y, - MUE-2 Mixed Use Employment 2 11 I ' / 'II 1) I U R-3.5 R 25 MCDO NA LD ST+ } Ay n 1-L Light Industrial 1 I PR R-7IIR-12 Ji�I` Ir _rl 11 R-05 '- Z . - I-P Industrial Park II I—__ Lr w 1 r R-1 f I R-2 �t w 1-J R 12 I L - r e an Recreation II �G_G7 _- !.I k I _ _._ `��y� 1� m 1-H Heavy Industrial EI -, _._ I "BULL MOU ITS IN-RD Q P� 'T.4�RIM PR Pa d R t' R-12 PR C fo - "� I I R-a.5 R-3.5 'PRI ^ r 1 ? - WA-Cnty Washington County f� ---- I- _ R-40 R7- n . 'pR 1 �- Overlay Zones 'Cu R-12 R-4.5 Q �- 1 -,g� i �y If, Resource Overlay LCD 0 x� IR.7 I/ - P,R)y ., 'Plc \ ,�11w a] Ic "- I_ q' �i �` �R' E 0 Tigard Gty Boundary 0 �/I �7 / R-25 4IUrban Services Boundary {"�� I •` I^ y d R-7 eUrban Growth Boundll rI �a ( Y au R- ay !'=1--- �I ?... / of`5 ..�' C- 12 C-GI 3 EBF- 0'' _. .- _--_ - DURHAM-RD B'E'N' --z C-N 1-1 �i1 Scale f� _ �� :I Subject �` / L...._ Property . R-7 R-0.5 �-- I-P / 1 �� 0 0.26 0.6 i.Q.Ai fIa....: .- par z ./ / 1I - !1Ti�Ir-11------- jar �f R-12 / LL J I I ‘1'.--\.11i1.--- I t-t_ _ +e+w- z 7 11111111,1 Zoning Designations of the Tigard Municipal Code, c.— 3I �\ r /� ro Mapereetee.vaono2l Title 18:Community Development Code r ( \ PR / ro UCa GP/, ile Current zoning designations for the City of Tigard in conformity I r- f� City o f Tigard. Oregon with the City's Comprehensive Plan guides development ,tII `` 1 a e`-£ -°BN 13125 S W Hall Blvd throughout the City. The map is intended as a general 1 _ 1 /l11 1 a ;v' Tigard, OR 97223 reference only and zoning designations should always be verified. 1 H' I / 1 ii 503 639-4171 Ir ■A -•t. psi `1-1� to ` L. Wit:, .. i -J, n]I/l�F?JH i, �., I www.tigard-or.gov a111-\1t,. ... .. .. . . 1apGaikry_MXDs1E_panning\e zoning\zonig1117.mxd AS Submittal Transmittal OOMMWOMAMOWN AKS Engineering &Forestry LLC 112965 SW Herman Rd. Suite 100 Tualatin, OR 97062 FROM: Kathrine Lindsey AKS Engineering & Forestry LLC TO: Agnes Lindor (Kowacz) 12965 SW Herman Rd. City of Tigard Suite 100 13125 SW Hall Blvd Tualatin, OR 97062 Tigard, OR 97223 lindseyk@aks-eng.com agnesl@tigard-or.gov 503-563-6151 503-718-2429 n/a City of Tigard Community Development 1125 SW Hall Blvd Tigard, Oregon 97223 tigardplanneronduty@tigard-or.gov 503-639-4171 PROJECT: Froude Bull Mountain Subdivision DATE SENT: 2/19/2021 4959 SUBJECT: Annex LUA ID: 00008 PURPOSE: As Requested VIA: Info Exchange REMARKS: Sub 1 Hello, Attached please find the link to the Annexation Application for Froude Bull Mountain Subdivision. The file materials are separated into individual documents and a hard copy of the Annexation package will be delivered on Monday February 22, 2021. Thank you, Kathrine Lindsey AKS AKS ENGINEERING & FORESTRY, LLC 12965 SW Herman Road, Suite 100 I Tualatin, OR 97062 P: 503.563.6151 Ext. 208 I www.aks-ena.com I LindsevK@aks-eno.com Offices in: Bend, OR I Keizer, OR I Tualatin, OR I Vancouver, WA NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply e- mail and immediately delete the message and any attachments without copying or disclosing the contents. AKS Engineering and Forestry shall not be liable for any changes made to the electronic data transferred. Distribution of electronic data to others is prohibited without the express written consent of AKS Engineering and Forestry. Page 1 of 2 Submittal Transmittal G!i 2/19/2021 ID: 00008 CONTFNTS Q1 Y: DATED DESCRIPTION: ACTION: 1 2/19/2021 4959 20210219 CoT Annex.pdf QTY: DATED DESCRIPTION: ACTION: 1 2/19/2021 4959 20210219 EX A App Form and Petition.pdf QIY: DATED DESCRIPTION: ACTION: 1 2/19/2021 4959 20210219 EX B Property Owner.pdf QIY: DATED DESCRIPTION: ACTION: 1 2/19/2021 4959 20210219 EX C Legal Descrip and Exhibit Map.pdf QIY: DATED DESCRIPTION: ACTION: 1 2/19/2021 4959 20210219 EX D Zone Map.pdf COPILS Jennifer Arnold (AKS Engineering & Forestry LLC) Mimi Doukas (AKS Engineering & Forestry LLC) Paul Sellke (AKS Engineering & Forestry LLC) Page 2 of 2 CORRESPON 1)ENCE ADDITIONAL INFORMATION Lina Smith From: Google Forms <forms-receipts-noreply@google.com> Sent: Thursday, June 17, 2021 11:55 AM To: Lina Smith Subject: Annexation Questionnaire Caution!This message was sent from outside your organization. Allow sender I Block sender �"�� t.^�5�,t ,� } * ey, *4 G,, r�„ Y„ ' 5 �' ffff *:t.. ' � lf.. Fi" Thanks for filling out Annexation Questionnaire Here's what we got from you: .,:4$22A174,415WW t: "i w.'�; .'L4: `. t "haaizit^q "xce, .;u. m: .":�;`.^"i Annexation Questionnaire College of Urban and Public Affairs Population Research Center Post Office Box 751 Portland,Oregon 97207-0751 POPEST®a pdx.edu www.odx.edu/Drc 503-725-3922 tel, 503-725-5199 fax Email * 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: 21-10 (ZCA 2021-00002) (Froude) Final Order Number: 2021-0059 Secretary of State Filing Date: MM 06 DD 14 YYYY 2021 2 0" z Ax A,M -.« '0141-t100'- 1y"t, 0'- Alr0. 451 0 4k Date of Enumeration MM 06 DD 17 / YYYY 2021 Check here if there are no residences or population in the annexation. No added population/residences There is population and/or residences vi t# k 4F w� v- � * z ar�r v :@ '�.�y sq ca e w�-. z'� r bx. ... �r.�- '.'t^ ,r4< ...z_,, >4a ,: G�,. ..r. 'k "�.^: �f �. ra�Crz�Si �`fid. . �'' � �`�.. ..'ra+f Total number of units in single family structures 1 Number of occupied units in single family structures Number of vacant units in single family structures 3 Total number of people in occupied single family structures �,E�c�� P'. 4'� � .� €:-��-, r �'�.,� `✓�e�,no�., �c.#a+r_ a:��, .�1h..eT. �'° ��.. r�' � xt >�a { ,*.i, ��w a � y��,�x�t x 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 »` �"t r "#;�>dk �rt � Total number of mobile homes 0 Total number of persons living in the mobile homes 0 . 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 hk _ 100 4-. .,�x.� 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 �r 7 te£. Annexation Enumerated by: Name: Lina Smith Position: Assistant Planner 5 Ammomismilw Phone Number (503)718-2421 Comments? Create your own Google Form Report Abuse 6 IN ■ • TIGARD City of Tigard February 25, 2021 AKS Engineering& Forestry, LLC Attn: Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 Project: Froude Annexation Site: 12200 SW Bull Mountain Road;WCTM 2S110BC,Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800 Land Use File: ZCA2021-00002 Dear Applicant: Staff has conducted a preliminary review of your annexation application, and determined that it is complete as of February 25, 2021. Tigard Planning Commission will conduct a public hearing on your application on Monday, April 5, 2021 at 7:00 p.m. Tigard City Council will conduct a public hearing on your application on Tuesday, May 11, 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: ZCA2021-00002 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov