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ZCA2020-00001
APPROVED CA2020 - 00001 BULL MOUNTAIN SUMMIT OFFICE OF THE SECRETARY OF STATE F ARCHIVES DIVISION STEPHANIE CLARK Bev Clarno a; DIRECTOR SECRETARY OF STATE ' - ' z 800 Summer Street NE Jeff Mor Salem,Oregon 97310 J Morgan 5s (503)373-0701 Deputy Secretary of State Facsimile(503)378-4118 August 21, 2020 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 August 21,2020 the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD #20-07 AN 2020-0069 (ZCA 2020-00001) (Bull Mtn Summit) For your records please verify the effective date through the applicable ORS. Our assigned file number(s) are included in the above information. Sincerely, Dani Morley Official Public Documents Cc: Department of Revenue Population Research Center Final Documents for Annexation to Tigard Metro proposal number: WA2220 Ordinance/Resolution: 20-07 Annexation: ZCA 2020-00001 DOR: 34-2421-2020 SOS: AN 2020-0069 OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION STEPHANIE CLARK Bev Clarno DIRECTOR SECRETARY OF STATE 800 Summer Street NE Salem,Oregon 97310 Jeff Morgan (503)373-0701 Deputy Secretary of State Facsimile(503)378-4118 August 21, 2020 Washington County 155 N First Ave.,Suite 350 MS-14 Hillsboro, Oregon 97124 Dear Recorder: Please be advised that we have received and filed, as of August 21,2020 the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD #20-07 AN 2020-0069 (ZCA 2020-00001) (Bull Mtn Summit) For your records please verify the effective date through the applicable ORS. Our assigned file number(s) are included in the above information. Sincerely, Dani Morley Official Public Documents Cc: Department of Revenue Population Research Center DOR 34-2421-2020 Notice to Taxing Districts ORS 308.225 CO R E G O N DEPARTMENT �IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Description and Map Approved Tigard OR 97223 August 10, 2020 As per 011S 308.225 -------------------------------------------------------------------------------------------- ---------------------------------------- ----------- -------------------------------------------- VDescription VMap -Received from: Lina Smith On: 7/21/2020 This is to notify you that your Description and Map in Washington County for: Annex to City of Tigard ; Withdrawal from Several Districts ORD. #20-07 (ZCA 2020-00001) (Bull Mtn Summit) has been: V Approved 8/10/2020 ❑ Disapproved Notes: Department of Revenue File Number: 34-2421-2020 ` If you have not already done so,the approved Reviewed by: Elise Bruch, Elise.A.Bruch@oregon.gov oregon.gov version of the Description and Map must also be Boundary: VChange ❑Proposed Change filed with the County Assessor The change is for: 71 Formation of a new district ❑ Transfer Annexation of a territory to a district ❑Merge Withdrawal of a territory from a district ❑ Establishment of Tax Zone ❑Dissolution of a district CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20-07 AN ORDINANCE ANNEXING 'IWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OF-WAY, APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001), 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 he 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 June 15,2020,and Tigard City Council held a public hearing on July 1.1, 2020, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S108AB, Tax Lots 1300 and 1400 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 June 15,2020 and July 14,2020;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. 20-07 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' (ZCA2020-00001) 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 unanimous vote of all council members present after being read by number and title only,this 14th day of Tuly .2020. (�*0,4j _ Caroline Patton,Deputy City�Cecorder APPROVED: By Tigard City Council this 14th day of Tuly ,2020. Jason B. Snider,Mayor Approved as to form: City Atto cy 7/15/2020 Date ORDINANCE No. 20-07 Page 2 State of OREGON County of Washington I certify (or attest) that this is a true and correct copy of a record in the possession of the City of TiQard's Records division. Dated:July 15,2020 Official Stamp OFFICIAL STAMP SARA CAROLINE PATTON t NOTARY PUBLIC OREGON COMMISSION NO 976555 MY COMMISSION EXPIRES JULY 29.2022 Notary Public4State o regon My commissiovi vp,res o�Zq-2o2z Document Descriution This certificate is attached to Ordinance No. 20-07 dated.Tuly 14.2020,consisting of 2 pages. E ]" ERICD Civil Engineering Land Survey Land Use Planning Construction Management EXHIBIT A SHEET 1 OF 2 LEGAL DESCRIPTION FOR ANNEXING 2 TRACTS OF LAND INTO THE CITY OF TIGARD Tracts of land described in Document Numbers 2007-62034 and 2007-64398, Washington County Deed Records, situated in the Northeast 1/4 of Section 8, Township 2 South, Range 1 West, W.M., Washington County, Oregon, being more particularly described as follows: Beginning at the most easterly southwest corner of Lot 2, "Brentwood Estates"; thence along the south line of said Lot 2 and its extension along the south line of Lot 2, "Wonder View Estates", S89053'27"E, 355.34 feet to the westerly right of way line of SW 153rd Avenue; thence along said westerly line, S05025'47"W, 289.15 feet, to the centerline of SW Bull Mountain Road; thence along said centerline, N76°31'13"W, 18.79 feet; thence continuing along the centerline of said Bull Mountain Road, N79016'38"W, 315.98 feet; thence along the southerly extension of the east line of Tract A and along the east line of Tract "A", "Brentwood Estates" and its extension along the easterly line of Lot 1, "Brentwood Estates", N0001 1'27"E, 225.36 feet to the Point of Beginning. Containing 88,074 Square Feet. REGISTERED PROFESSIONAL LAND SURVEYOR OREG N EDWARD KING PHELPS 2586 EXPIRES 12-31-20 STE. 100, 6445 S.W.Fallbrook Place • Beaverton, Oregon 97008 • 503-746-8812 I TEL • 503-639-9592 I FAX www.emeriodesign.com EXHIBIT B PROPERTY BEING SITUATED IN THE N.E. 1/4 OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 1 WEST W.M., WASHINGTON COUNTY, OREGON Ar REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 19, 1993 EDWARD KING PHELPS 2586 EXPIRES 12-31-20 SCALE. 1" = 100' POINT OF BEGINNING LOT 2 LOT 2 "BRENTWOOD "WONDER VIEW ESTATES" ESTATES" S89'53'27"E J 355.34' DOCUMENT NO. 1 DOCUMENT NO. M 2007-62034 2007-64398 h LOT1 N I roi "BRENTWOOD N ESTATES" ^ 88,074 SQ FT 2 TRACT "A" I 3 "BRENTWOOD n ESTATES„ CEN 7t,?LINe, OS._N7-*16 '-ulW ..315 98 _ S,W. BULL MOU LL MOUNTAIN F''pA0 N74IN ROAD N76 31 113"W 1g 79, � � d 11WD PROJECT NO. 3084010 DATE 3-6-2020 ANNEXATION BY. EK, 6445 SW FALLBROOK PL SLUE 100 GRAHAM COLTON SCALE 'Pm100' BEAWRTON, OREGON 97008 (503) 746-8812 TIGARD, OREGON SHEET NO 2 OF 2 EXHIBIT C Hearing Date: Tuly 14.2020 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON ' 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN SUMMIT ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2020-00001 APPLICANT: Isenhart Consulting,LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 OWNERS: Vito P. and Felicity J. Cortese 11856 SW 175th Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, OR 97224 PROPOSAL: This proposal is to annex two properties located at 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1400 and 1300) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road WCTM 2S108AB,Tax Lots 1400 and 1300 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. BULL TK)UNTAIN SUMMIT ANNEXATION PAGE 1 OF 12 ZCA2020-00001 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2020-00001)meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00001 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are located on the north side of SW Bull Mountain Road,west of SW 153rd Avenue, and east of SW 155"' Avenue. The properties are bordered to the north, east, and west by the City of Tigard, and are bordered to the south by SW Bull Mountain Road.The properties south of SW Bull Mountain Road are part of unincorporated Washington County. Both of the subject properties are currently developed with single detached houses.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, but intends to apply for a future subdivision application after the proposed annexation becomes effective. On June 15, 2020, Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00001). 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 Chanter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (scheduled for June 15, 2020), and one before City Council (scheduled for July 14, 2020). 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020;and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 BULL TNIOUNT SIN SUI,\I:\fIT ANNEXATION PAGE 2 OF 12 ZCA2020-00001 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. 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 April 7,2020,and notified the applicant on April 7, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for June 15, 2020) and before City Council (scheduled for July 14, 2020). City staff posted public hearing notices in four public BULL MOUNTAIN SUM IIT ANNEKTION PAGE 3 OF 12 ZCA2020-00001 places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 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 Bull Mountain 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 BULL MOUNTAIN SUMMIT ANNE'_-M )N PAGE 4 OF 12 ZC X2020-00001 on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991, and updated in 2019, in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan.The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application.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. SSV Bull Mountain 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 on May 28, 2020, more than 15 days prior to the public BULL MOUNTAIN SUFI,\IIT ANNEX 1TION PAGE 5 OF 12 ZCA2020-00001 hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory, including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party;and The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriff's Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District 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 July 14, 2020. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00001, 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 BULL MOUNTAIN SUAITMIT ANNE' PAGE 6 OF 12 ZCA2020-00001 land that carries county designations, the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29, 2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS 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 I 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on May 21, 2020;and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28,2020 and June 4,2020) prior to the June 15,2020 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 BULL MOUNTAIN SUMMIT ANNE' PAGE 7 OF 12 ZCA2020-00001 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 adequate capacity to serve the subject site. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard eater Service area,and both properties are currently served by an existing 12-inch water main in SW Bull Mountain Road.Accordingly,city water facilities have adequate capacity to continue serving the subject properties. Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Police —City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site. Fire — Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex two properties, totaling 1.8 acres in size,into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division. The subject properties front on SW Bull Mountain Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District. Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city 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. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to BULL MOUNTAIN SUMMIT ANNEXATION PAGE 8 OF 12 ZCA2020-00001 receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with the policy outlined above. City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject properties front on SW Bull Mountain Road,which will be annexed into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District.Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 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. The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are bordered to the north, east,and west by the City of Tigard, and are bordered to the south by SW Bull Mountain Road. The properties south of SW Bull Mountain Road are part of unincorporated BULL;NK)UNT.IIN SUMMIT ANNEXATION PAGE 9 OF 12 ZCA2020-00001 Washington County. Because the subject site is surrounded on three sides by the City of Tigard, this annexation will not create an "island" of unincorporated land, and it is not necessary to include the adjacent properties in this annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject 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 owners of the subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) submitted an annexation petition to the City on March 19,2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However, the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for June 15,2020) and before City Council (scheduled for July 14,2020). City staff posted public hearing notices in four public places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4,2020) prior to the June 15,2020 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 BULL IMOUNTAIN SUIMMIT ANNEXATION PAGE 10 OF 12 ZCA2020-00001 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.When the applicant applies for a future subdivision application, the Engineering Division will include a condition of approval for the development to extend public utilities to and through the site. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation.When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation.When the applicant applies for a future subdivision application,city staff will send a copy of the applicant's proposal to the agency for further comments. Tigard-Tualatin School District was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the agency for further comments. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will include a condition of approval for the applicant to comply with all TVF&R requirements. 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 May 21,2020.As of June 25,2020,one(1) e-mail was received from Sonna Durdel, property owner of 14262 SW 155`x' Terrace. Ms. Durdel expressed concerns about screening between the subject site and her property,and referenced the residential development standards in CDC Chapters 18.200 and 18.270, and the screening standards in CDC Chapter 18.420. RESPONSE: The applicant is only proposing to annex the subject site, and no physical development is proposed at this time. Therefore, the residential development standards and screening standards do not apply to this proposal. The applicable CDC standards for this annexation are outlined in Chapters 18.710 and 18.720. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated June 15, 2020 BULL bMUNT_UN SUMMIT ANNEXATION PAGE 11 OF 12 ZCA2020-00001 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. _Tune 25. 2020 PREPARED BY: Lina Smith Assistant Planner �..3' '�/i Gam/ �� June 25.2020 APPROVED BY: Tom McGuire Assistant Community Development Director BULL MOUNTAIN SUNITMIIT ANNE).ATION PAGE 12 OF 12 ZCA2020-00001 ATTACHMENT 1 Zoning Map 1 4 City of Tigard, Oregon Generalized Zoning Categories PAS.. Subject Site J Zoning Classifications ri 0 R-1 Residential Low-Density R-2 Residential Low-Density R-3.5 Residential Low-Density R-4.5 Residential Low-Density ml R-7 Residential Medium-Density El R-12 Residential Medium-Density AL El R-25 Residential Medium-High-Density El R-40 Residential High-Density MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 �71 OU MU-CBD Mixed Use Central Bus Dist in ■C-C Community Commercial C-G General Commercial X Orl en 9 �L�n �=Jlq -N Neighborhood Commercial El C C-P Professional Commercial MUC Mixed Use Commercial N]i a r n i'k—.f) MUC-1 Mixed Use Commercial 1 TMU Triangle Mixed Use �,l.Plnco Ln s . 1- LIJ > Tig _n—as n. b, 'y h..-U- L IL Its W 6w I ala Au_s_tIn__S t Scale: 0.07 Miles �- � Ir COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Map Created: (50 3) 639-4171 Hu,LJIInc'. St 05/19/2020 www.tigard-or.gov ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Minutes,June 15,2020 Location: Members Remote in via Microsoft Teams Link to virtual hearing online: httDs://www.tiizard-or.izov/citv hall/public hearin2s.Dhr) Call-in number for public testimony: 503-966-4101 Public testimony call-in time between 7:15 and 7:30 p.m. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Commissioner Quinones Commissioner Roberts Alternate Commissioner Schuck Commissioner (K7) Tiruvallur Commissioner Watson Commissioner Whitehurst joined a bit late due to technical difficulties. Absent: Alt. Commissioner Sarman Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant; Lina Smith, Assistant Planner; Susan Shanks, Senior Planner COMMUNICATIONS —President Feeney noted that there was an error on the call-in number for public testimony. It was correct on the Agenda; however,it had been posted on the City Website one digit off. He gave the correct number by way of correction. CONSIDER MINUTES President Feeney asked if there were any additions, deletions, or corrections to the February 3 minutes; there being none, President Feeney declared the minutes approved as submitted. PUBLIC HEARING BULL MOUNTAIN SUMMIT ANNEXATION QUASI-JUDICIAL ANNEXATION,ZCA2020-00001 June 15, 2020 Page 1 of 5 DESCRIPTION OF PROPOSAL: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1300 and 1400). QUASI-JUDICIAL HEARING STATEMENTS President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Jackson and President Feeney had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over a PowerPoint (Exhibit A). She noted that this proposal is to annex two properties located on the north side of Bull Mountain Road into the City of Tigard. The applicant is not proposing any new development on the subject properties at this time, but the applicant intends to apply for a future subdivision application after the proposed annexation becomes effective. Because this future subdivision will connect to City sewer, this annexation is first required. City staff,including the Engineering and Public Works departments reviewed the applicant's proposal and determined there are adequate facilities and services available to the subject site. additionally, 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 (ZCA2020- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00001 to City Council. APPLICANT'S PRESENTATION Danelle Isenhart, of Isenhart Consulting,introduced herself as the applicant representing the developer of the site. She noted that she didn't have a full presentation as they agree with staff on the annexation. She told the commissioners that this annexation is the first step before the proposed subdivision,which is proposed to be about 11 lots. She said she had no other comments other than that she agrees with the staff report at this point. QUESTIONS OF THE APPLICANT—None. QUESTIONS OF STAFF June 15, 2020 Page 2 of 5 Commissioner K7 asked a clarifying question. He noted there was a large subdivision located very near the subject annexation and that he was concerned that those nearby residents had been notified of the annexation. Assistant Planner Lina said that a notice of annexation had been sent by USPS mail to all the neighbors that live within 500 feet of the site and that there was a notice posted on the site as well. She explained that the notice the City sent out only referred to the annexation (not the possible subdivision). She said the applicant could speak to them about the neighborhood meeting that they had held. Applicant Danelle Isenhart told the commissioners that they'd held a neighborhood meeting and had covered both the annexation and the subdivision at the same time to let the neighbors know that this was possibly being proposed. She noted that a number of people from the nearby development Commissioner K7 was concerned about were in attendance at that meeting. Lina added that they will mail a separate notice regarding the subdivision to the nearby neighbors if/when the application comes Commissioner Jackson noted, "Obviously the intention is to eventually turn these lots into a subdivision. I'm curious if for this specific annexation decision... if calling out that it was going to be subdivided in any way ties our hands in the future." Lina answered, "If you're asking if that links the applications together - for instance if we make this decision to annex, and then in the future they use the fact that the annexation report included the language of subdivision... would that set a precedent or some sort of indication that that was going to proceed —I would say no. Because there's different criteria for the subdivision application. Theoretically, they could annex and never develop —and that would be okay. But because they gave us a heads up and said they were going to apply for a subdivision application, I did just want to call that out on the public notices, but again, it would be a separate application for the actual subdivision and separate approval criteria." PUBLIC TESTIMONY President Feeney asked if there was anyone on the line waiting to testify. He was informed that there currently was no one calling in with testimony. The commission waited five minutes to give the public time to call in. No one called in. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —None. PUBLIC HEARING CLOSED QUESTIONS President Feeney asked if there were any questions from the commission for the applicant or staff. There were none. June 15, 2020 Page 3 of 5 DELIBERATION President Feeney asked if there were any questions or clarifications internally that the commissioners would like to ask. There were none and there was no further deliberation. MOTION Vice President Hu made the following motion: "I move the Planning Commission forward a recommendation of approval to City Council of application number ZCA2020-00001 and adoption of the findings contained in the staff report." The motion was seconded by Commissioner Roberts. VOTE All in favor, none opposed: 9-0 RESULT Motion for approval CARRIES. President Feeney noted that this is scheduled to go to the City Council on July 14, 2020. BRIEFING Senior Planner Susan Shanks stated that she was there to give the commissioners a briefing on the Washington Square Regional Center Update project. The last time she had been before the commission was in October of last year. She shared her screen and went over the Washington Square Alternative Community Engagement Strategy and Maps (Exhibit B). The main points of the briefing: • Since the last project briefing in October, the city issued an RFP, selected and got a consultant team under contract, and entered into an IGA with Metro for the grant award. • The consultant team is led by ECO Northwest and includes 3J Consulting, SERA Architects,Toole Design, and Verde. • The project kickoff meeting with the consultant team occurred the week that most employees began working remotely because of COVID-19. • The project team immediately began work on an alternative Community Engagement Strategy to address the challenges and social distancing requirements associated with COVID-19. • The project team may adjust the project schedule depending upon what we hear from the community, especially with regard to the community's ability and interest to participate in a long-range planning project. The project is currently still on schedule. June 15, 2020 Page 4 of 5 Susan noted that there is more information on the City of Tigard website located at https:/A„Nvw.tigard-or.eov/the square/. She noted that there's a place on that website for the public to sign up to be on the "interested party” list should they desire to do that, and also that there was staff contact information listed there as well. She noted that she would be back with another Planning Commission briefing on this topic - likely in august or September. President Feeney thanked Susan for the presentation. He also thanked Commissioner Jamie Watson for volunteering to be on the Stakeholder Workgroup for this project. OTHER BUSINESS — Assistant Community Development Director Tom McGuire reminded the commission that there is a meeting scheduled for next month;it will be regarding the Macerich project and will be held on July 61". He noted that the notice went out last week and that due to the anticipated high public interest, they will likely limit the staff report so that there's more time for the public to speak. ADJOURNMENT President Feeney adjourned the meeting at 8:30 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Brian Feeney Tune 15,2020 Page 5 of 5 CITY OF 1 Respect • Care Do the Right Thing G e t i t D • ■ EXHIBIT BuR Mountain Summit Annexation ZCA2020-00001 Presented to Tigard Planning Commission I June 15, 2020 -oning Map City of Tigard, Oregon R-7 Generalized Zoning Categories of ® Subject Site j Zoning CeiiLot Ds R-]ResidResidential Low-0atrity R-2 Residential Law-Oertsity R-3.5 R esid em is l Law-Density R4.5 R esid ant N I Law-Density R-7 RWdentislMMium-Donsity R-12 Ragdentlll Medhtm-Densly 9-25 Residentid Medium-High-Density Rio Resldentill High-0ensiry gay e. MUR-]MMed Use Residemiall Moi MUR-2 Moore!Use Residenti112 �NTq�N ■MU-CBO Mixed Use Central Bus Dirt Rb .. GC Co mmunity CommHL is l GG General Commercol GN Neighborhood Cbmnnomial ^ I ■GP Professional Commercial { r _.. 1 ff ■ Med Use Commercid NO;s ; MUCM An,sr nik "`� .J. ..,ly` };.r..., . ,y f -• �... ■MUG]Meed Use Commercial] TMU Trion&MNed Use LU 0 L nn. t commomirY 01MO/MI4r OI/Aarmw City of Tigard ,-i 131255W Ha I19W Tgard,OR 87223 .<2 M.pcm: ISd3]639-4171 Ruraundr R -._. - d9f 8P2R1d www.lgatd-or.gov PUBLIC HARI-N..- G City of Tigard Tigard City Council Meeting Minutes July 14, 2020 1. STUDY SESSION At 6:30 p.m.,Mayor Snider called the Study Session to order. A. Qualified Immunity Discussion Mayor Snider explained that he asked for this briefing in light of recent public comment to City Council regarding police services. City Attorney Rihala introduced Steve Kraemer from City/County Insurance Services (CIS) to present this item on qualified immunity and answer all of Council's questions. Mr. Kraemer also held a Q&A session with the Police Department the day prior so that everyone is on the same page. Mr. Kraemer explained that historically, the United States passed a law, 1983,which gives an aggrieved person the right to sue a government actor if they have intentionally violated an individual's rights. He clarified that this is not limited to police but applies to any government actor. The rights violated are typically the 4`' amendment,including an unreasonable search and seizure, for example. From Supreme Court precedent, the qualified immunity doctrine stated that a police officer could not be sued for violating someone's constitutional rights if it was not clearly established it was unconstitutional and if there was a good faith basis for believing what they did was constitutional.The problem with this theory was that a good faith basis was a subjective jury determination. The new standard developed was if a reasonable officer would have believed his actions were unconstitutional, they would be covered under qualified immunity. The criticism of qualified immunity is that it's not in the Constitution and it was created by precedent only. This doctrine has been under scrutiny for a number of years, but most recently in light of the George Floyd incident in Minneapolis. Mr. Kraemer said that qualified immunity cases typically rely on previously decided and factually similar caselaw, unless the facts of the case are obviously unconstitutional. Mayor Snider asked about the Yale Law Journal article regarding qualified immunity, specifically the purpose of the doctrine at its conception and whether it achieves its intended effects. He asked Mr. Kraemer why they would advocate for the status quo (on qualified immunity) as a community and as a country. Mr. Kraemer explained that it is not intended to stop people from suing police officers when their constitutional rights have been violated, but in the cases where the law is unclear. It acknowledges the fact that police work may not include time to research available caselaw in a split-second decision. He emphasized that this doctrine is used very infrequently and is not meant to remove the ability to prosecute police but protect against expensive litigation. TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 13 He clarified that Oregon law does not prevent police officers from being prosecuted for the common law counterpart of the federal violation. For instance, an officer was protected from federal prosecution but was convicted of breaking the equivalent state law, e.g. battery. Mr. Kraemer said depending on which state you are in,it does not take a remedy away from an individual. There are advantages for people to sue in federal court because there is no tort cap, but this rarely comes into play anyway because most cases are not worth as much as a tort cap. Mayor Snider said they need to include qualified immunity in the list of items the new commission will address. Mr. Kraemer added that since qualified immunity is a federal doctrine,there is nothing the Oregon legislature could do that would impact the availability of qualified immunity for federal claims. He said that the doctrine is being examined at the national level and any action would need to come from the United States legislature. Mayor Snider asked Mr. Kraemer for his opinion and he said he felt it was unfair to ask an officer to make that calculation in the moment and the ultimate effect is that officers err on the side of not acting. He said this dynamic makes it hard for officers to do their job and he believes it will likely be watered down or overturned. He reiterated this does not apply to blatant constitutional rights violations,like those in the George Floyd incident. Councilors Newton and Lueb thanked Mr. Kraemer for his explanation. B. Council Liaison Reports Councilor Lueb reported on the Parks and Recreation Advisory Board. She said their recent meeting included discussion of vision and leadership in the City's recreation division. She thanked City Manager Wine and Public Works Director Rager for coming to discuss recent position turnover in the division and having an open and honest discussion with the Board. Councilor Newton reported that the Youth Advisory Council elected a new president named Natalia. Council President Goodhouse helped her join the Lake Oswego-Tigard (LOT) Water Board meeting. She said they received the annual drought report and established a process for developing the amended agreement coming soon, specifically regarding a new decision-making model. Youth Councilor Calderon reiterated that the Youth Advisory Council elected Natalia as their new president,adding that he hopes to work to bring the Council and TYAC closer together. Councilor Anderson reported no updates, as both meetings he had were cancelled last week. He said that the Westside Economic Alliance (WEA) housing and Tigard Chamber Board meetings were upcoming. Council President Goodhouse followed up on Councilor Newton's report regarding the LOT Water Board meeting. They discussed a necessary disconnection from Portland Water and said they were looking for new options for another emergency connection down the road. Mayor Snider asked why they were disconnected from Portland and Councilor Newton said Portland has vacated the connection and it won't be available any longer. Council President Goodhouse said it was sudden and they're working to get an emergency back-up TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 13 source. Council President Goodhouse said that he had his last class with Leadership Tigard as well as a call with the National League of Cities that discussed COVID and non-profits, including how to raise money and on addressing mental health needs. He said that the annual Relay for Life was virtual this year with over 100,000 participants. The ownCenter Advisory Commission (ICAC) had a community visioning workshop with an in depth look at how Downtown Tigard will look in the future, covering a variety of topics. Mayor Snider said he participated in the Mayors calls with Chair Kathryn Harrington. He said that COVID-19 cases are not headed in the right direction. He said he was very concerned about what that was going to mean for the business community, the City itself and local residents. He added that other mayors requested to see the City's revised draft of the Public Safety Transformation Commission and discussed whether something should be organized on a larger, more regional basis. Council President Goodhouse asked the Mayor if he wanted to discuss the Metro open forum on their upcoming transportation measure. Mayor Snider said that the Metro Council has decided they want to fund the transportation measure through a payroll tax, making businesses concerned. Council President Goodhouse said that citizens did not want vehicle registration,which led them to the payroll tax method. Councilor Anderson pointed out that the payroll tax would not take effect until January 2022, to give businesses a break regarding the COVID pandemic. He said the item would go to a vote on Thursday. 2. BUSINESS MEETING A. At 7:30 p.m.,Mayor Snider called the City Council meeting to order. B. Mayor Snider asked Deputy Recorder Patton to call the roll. Present Absent Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ C. Mayor Snider asked everyone to join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 3. PUBLIC COMMENT Mayor Snider announced that written public comments were due by 4:30 p.m. and can in questions will be taken via telephone for agenda item (4) QUASI-JUDICIAL PUBLIC HEARING: BULL MOUNTAIN SUMMIT ANNEXATION by calling 503-966-4101 from 7:30 p.m. to 7:45 p.m. The public may call in now to get in the queue for comment on any non- agenda items. TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 13 A. Follow up to Previous Public Comment City Manager Wine updated the Council regarding the Ascension Drive situation and request from Mr. Bryan Wolf. She said she hopes those following will know that the City Engineer Lori Faha is developing a comprehensive response to be posted about the City's process on the Tigard Engage website.They have created the website to accept comments from neighbors through the end of the month, and the changes will only be implemented once those comments have been received. Council President Goodhouse said that a letter went out regarding a proposed solution to the neighbors without being posted on the website and before being discussed with Council. He asked why a proposed solution was developed before accepting comments from the public and why the Council was not involved. City Manager Wine said she was unsure of the order of events,but that a memo from City Engineer Lori Faha was provided to the Mayor and Council and followed-up in Administrative Reports. Implementation will not move forward until the engagement period is complete. Council President Goodhouse asked if the proposal was sent out to citizens and City Manager Wine confirmed. He said he thought it would come to Council before it went to citizens. Mayor Snider clarified that it sounds like it did come to Council in a briefing memo before going out to citizens and City Manager Wine confirmed that was the case. B. Update from Chief McAlpine Police Chief McAlpine showed Council the June Strategic Dashboard (included as part of the meeting packet) and said she would like to highlight that assaults increased by 64% for the month of June. She explained there were five aggravated assaults and a homeless male at the BottleDrop location. Most of the other assaults were in the mental health category. Chief McAlpine also highlighted the online crime report line item,which is new as of June 2020. They hope this online reporting ability will help free up police officers' time. Police Chief McAlpine stated that under photo enforcement,there is a new line item for speed enforcement data. She said that they cannot provide reports on the percentage of Tigard residents versus non-Tigard residents as easily, so she plans to run this report on a quarterly basis for Council. She added that the Police dashboard will now be publicly available on the Police website and the community page. She said there is now a Tigard Police call log listed on the City's website, making it fully available to the public and media for reproduction. Chief McAlpine said that the community is often interested in the annual fireworks report and that this year was very similar to last year. The department had a dedicated enforcement team this year and peak report times did come earlier in the evening around 9 to 10 p.m. Chief said they have not met their goal,but that the incidents did not rise significantly,partly due to the COVID pandemic. Mayor Snider said that in 2019, there was not a local fireworks show either. He said there are clearly more complaint calls on the years when a local fireworks show does not occur. Chief McAlpine agreed that did seem evident in the data from 2017 through 2020. She plans to bring more detailed data to the Council in July. Councilor Newton asked Chief to describe the kinds of things residents may use the online crime reporting system on the Police website for. Chief McAlpine said it is typically used for TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 13 crimes with no suspect information, such as simple property crimes,where someone is requesting a report for insurance purposes for example. There is a complete list of what you can report on the website. Councilor Lueb asked if the fireworks data was just from the night of July 4th or for the entire week, since she found that fireworks were active all week. Chief McAlpine said the data was specific to the holiday, but she would be happy to expand the data collection for next year. Councilor Lueb said she was just curious if fireworks calls were higher over the entire week and Chief McAlpine said not from a police perspective. C. Tigard Area Chamber Update Jessica Love provided Council an update on Leadership Tigard Class of 2020 who held their last class and will be graduating July 29th. Their class project was a playground for Family Promise of Tualatin Valley. Ms. Love explained that the Washington County business recovery center is now open at the Tualatin Chamber of Commerce, and chambers across the state are lobbying for liability relief from COVID-19. The Chamber has three new board members from Burgerville,Washington Square and the Tigard-Tualatin School District. She reported that Tigard Shining Stars will be virtual in early fall with a special award ceremony for scholarship recipients. The Tigard Farmers'Market has reached capacity and now looking at how to grow the footprint of the market. Beginning on Sunday, all patrons will be required to wear a mask while they shop. Councilor Newton asked Ms. Love about the business recovery center and whether the services were accessed virtual or in person. Ms. Love said they are providing services through virtual consultations and in person outreach with COVID precautions. Mayor Snider thanked Love for her updates. D. Public Comment 1. Written Comments a. Bryan Wolf—Ascension Drive Parking b. Russell Glynn—City Action on Racial Injustice 2. Phone-In Comments Mayor Snider announced all written public comments were due by 4:30 p.m. Call in questions will be accepted by calling 503-966-4101. a. Bryan Wolf, 13075 SW Ascension Drive,Tigard Mr. Wolf said he wanted to augment comments made earlier and correct the record. First, he stated there was an implication the City has not made a decision yet, but the City tried to make a decision three times, beginning in April. He said the City's citizen outreach is perfunctory and the City has been sending out staff and crew to implement the changes. Mr. Wolf said he believed delays are due strictly to City Council intervention and that none of the commitments from the June 9th meeting have been fulfilled. He added that he has lived in Tigard for 22 years and expects more from elected and hired officials. Mayor Snider said he would appreciate direct feedback on what the Council could have done to help prevent this situation. He clarified that Mr. Wolf's comments reflect what the Council collectively understands, but that he believes it is important TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 13 for the public to know that there were community meetings prior to the June 30th communications. Council President Goodhouse reiterated that he thought there would be more of a process, that a sign would be erected before the communications went out so there was not a perception a decision had already been made. He said one thing was said but another thing happened, and he believed that causes mistrust. Mayor Snider followed up to add it was about more than the appearance of listening to citizens, but actually incorporating their comments into City decisions. Councilor Newton clarified that staff have posted a proposal and are seeking further feedback currently through the Engage Tigard website. Councilor Lueb said that was also her assumption and that she wants the residents to feel heard. City Manager Wine said she did not have anything to add. She said staff could resend Council the detailed process outline staff prepared. She said she is sympathetic that it may seem that staff have decided something, but she can assure them that staff have made a diligent effort to listen to concerns and explain why they reached the conclusions they did initially. She said staff are soliciting further comment and feedback from neighbors for the entire month of July. City Manager Wine said she apologized if the Council thought this was a decision they would be making,but that this is under the purview of the City Engineer. She said she appreciates all the feedback they've received, and staff will continue to be responsive. b. Kate Rogers Ms. Rogers explained she is the current Chair of the TCAC (Town Center Advisory Commission) and sat on the Advisory Committee for the Senior Housing Project alongside the Senior Center. She said affordable senior housing is a critical need in the community and she supports the development of the property. Ms. Rogers explained she was happy with the selection of NW Housing Alternatives since they have the appropriate experience. The Advisory Committee were able to provide robust feedback and develop several design revisions to better accommodate critical needs. She said she is in favor of moving the Senior Housing Project forward. c. Faez Soud Mr. Soud said he was a member of the Town Center Advisory Commission (ICAC) and also sat on the committee for the Senior Housing Project alongside the Senior Center Project Committee. He is in support of the project moving forward. Tigard needs additional affordable housing for vulnerable populations like the elderly, and this is an ideal location next to services and recreation. Mr. Soud said affordable housing should be distributed across the City and not segregated from other housing. He thanked City staff for their work on this project and collaboration with other entities. 4. QUASI-JUDICIAL PUBLIC HEARING: BULL MOUNTAIN SUMMIT ANNEXATION (ZCA 2020-00001) TIGARD CITY COUNCIL MEETING MINUTES-July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 13 A. Mayor Snider opened the public hearing. B. Hearing Procedures—City Attorney Rihala read the hearing procedures. Specifically, Council's decision must be based on the following substantive criteria: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goals 1, 11, 12, and 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222. C. Mayor Snider asked if any member of Council has a conflict of interest. There were none. D. Mayor Snider asked if any member of Council has had any ex parte contact. There were none. F. Assistant Planner Smith stated that the proposed annexation is for two properties on the north side of SW Bull Mountain Road into Tigard. Although the current applicant is not proposing any new development at this time, they plan to submit a subdivision application if the annexation is successful. Annexation is required since the property will connect to the City's sewer. Smith said that the proposed annexation meets all applicable criteria. At a June 15, 2020 public hearing, the Planning Commission unanimously recommended approval to City Council. Mayor Snider asked if there were any questions for staff. There were none. G. Response to testimony by staff—None. Mayor Snider asked staff if there was any written or phone-in comment received on this agenda item. There was none. H. Mayor Snider closed the public hearing. I. Council Discussion and Consideration: Ordinance No. 20-07 Council President Goodhouse made a motion to approve Ordinance No. 20-07. Councilor Newton seconded. Mayor Snider asked the Deputy Recorder to read the number and title of the resolution. Ordinance No. 20-07 -AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OF-WAY, APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001),AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT Mayor Snider asked the Deputy Recorder to conduct a roll call vote. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 13 The motion passed unanimously. 5. UPDATE ON SENIOR HOUSING ALONGSIDE THE TIGARD SENIOR CENTER PROJECT Redevelopment Project Manager Farrelly introduced Destin Ferdun, Director of Housing Development for Northwest Housing Alternatives (NHA) for an update on the Senior Housing alongside the Senior Center Project. He said the City started working with NHA about a year ago after a competitive process. They have since been working with an advisory committee that has met 5 times. They were about to begin the next phase of the project,public engagement,when the COVID-19 pandemic began, so they have had to recalibrate their plans. Staff have sent a mailer with postage-paid postcards to solicit feedback from neighbors as well as holding an open house webinar via Zoom on June 25th. Mr. Farrelly showed Council the basic site plan and said he wanted to address why they had chosen that site. He explained it is very close to the Tigard Public Library, Fanno Creek Park and Trail as well as the walkable downtown core. Locating it next to the Senior Center also allows for opportunities to partner in connecting residents with services. The City will lease the property at no cost, making rent lower for residents. The project will allow seniors to age in place in Tigard,while also seeking to correct inequities in City's past housing policies. Destin Ferdun said he was excited about the project and the opportunity to improve the site. They are proposing 57 one-bedroom affordable apartments at the site,with residency restricted to seniors age 62 and older that fit certain income requirements. He described the proposed income requirements under potential funding sources and mentioned a certain number of apartments would be reserved for veterans. Every apartment will be fully accessible. Mr. Ferdun said the site plan will improve the outdoor area, add a computer center, on-site laundry and activity space. He acknowledged parking at the location is a concern. There will be a parking management plan developed with managed parking spaces and a monitoring system. He emphasized that the parking is only a major issue between 9 a.m. and 2 p.m., and that residents will be encouraged not to own a car due to the available amenities nearby. Ferdun explained that if they are successful in receiving funding through the Metro bond they will move forward with the Disposition and Development Agreement (DDA). After that they would move to 90% designs and obtaining permits,with construction beginning in about 12 months. They anticipate construction would last 12 to 14 months. Mayor Snider asked Redevelopment Manager Farrelly to explain the purpose of the briefing tonight and whether there are questions for Council. Mr. Farrelly clarified it was strictly informational since the last formal briefing occurred in February. He said there would be a DDA and lease coming before the Council in the future, depending on the outcome of their funding application. There is no official action requested at this time. Mayor Snider asked if they could comment on the members of the public who have reached out to Council with their concerns regarding the project. Mr. Farrelly reported that there have been a lot of questions, but staff have worked to be responsive. Staff have been posting all questions and answers on the Tigard Engage website as they are received so other members of the public TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 13 can benefit from those responses as well. Mr. Ferdun added that he had met with a group of neighbors recently and there continues to be concerns that the team will need to continue to hear and attempt to address and adapt. He encouraged the public to visit the Tigard Engage website if they had other questions or concerns. Councilor Newton thanked them for their presentation and said she appreciated the pivot in communications. She emphasized that once funding is secured and an application submitted, the public will have the opportunity to review and comment on a completed site plan. She said she thinks there are residents who will benefit from this project,like her mother who has already passed. Youth Councilor Calderon said he also sees the need for the project and hopes this will address some of the problems facing the senior center when it comes to accessing the facility and its services. Councilor Lueb echoed earlier comments and thinks it is a cool project for an important demographic. She acknowledged the citizen engagement has been difficult and she appreciated staff s work on addressing those comments. Councilor Anderson agreed it was a great project and thinks the key is the synergy with the senior center. He asked Mr. Ferdun if there would be any impact on Church parking under the current configuration. Mr. Ferdun answered no. Councilor Anderson asked if there would be any changes to the Meals on Wheels traffic flow. Mr. Ferdun said that is their intention, but it is pending the parking management plan. Council President Goodhouse asked if the comments from the public have changed or died down over the course of their engagement. He wondered if the issues have been resolved. Mr. Farrelly said questions have revolved around parking, loss of trees on the property,and a continued belief the site is in the flood plain, although it is not. They have also heard concerns about traffic impacts of residents who drive and parking spilling over into the neighborhood. They have had positive conversations with the adjacent Church and about the existing parking agreement with the senior center. Mayor Snider asked if they could condition residency on lacking a vehicle. Mr. Farrelly said he was not sure if that was legally allowed, but that the marketing of the property would emphasize transit and the vanpool, among other transit options. Mayor Snider thanked staff for their report. 6. LEAGUE OF OREGON CITIES LEGISLATIVE AGENDA Senior Management Analyst Hendrix said Council is being asked to identify four priorities for the League of Oregon Cities agenda for the upcoming legislative session. Mayor Snider asked how different the priorities are from the last discussion and said he would be surprised if they are in a different place than the last time they had discussed the topic. TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 13 • Councilor Newton said her top four priorities were COVID-19 economic recovery investments,property tax reform, mental health and digital equity and inclusion. Her fifth choice would have been affordable housing. • Council President Goodhouse said his top priorities were mental health,property tax reform, COVID-19 economic recovery investments and infrastructure investments. • Councilor Anderson said his top four priorities were property tax reform, COVID-19 economic recovery investments, broadband infrastructure, and water utility rate assistance. He said he would like to wait on mental health until they know more about the recently passed Metro bond and its proposed wraparound services. • Youth Councilor Calderon said his top four priorities were internet access, mental health, climate change, and COVID-19 economic recovery. • Councilor Lueb said her top four priorities were COVID-19 economic recovery investments, housing, and long-term transportation infrastructure funding. • Mayor Snider said he only had three priorities,which were COVID-19 recovery investments, property tax reform, and mental health. He said there was consensus on property tax reform and COVID-19 economic recovery investments, so those will comprise two of the Council's four priorities. Mayor Snider said four out of six Council members prioritized mental health and asked if that should be the third priority and Council agreed. Other priorities mentioned are housing, digital equity and inclusion,infrastructure financing, water utility rate, broadband infrastructure, long term transportation infrastructure, and climate change. There was discussion regarding the fourth priority. Councilor Lueb proposed housing be the last priority and Mayor Snider asked if Council could agree. Councilor Anderson and Council President Goodhouse said they felt the Metro housing bond would address housing. Council President Goodhouse stated he thought infrastructure should be included. Mayor Snider proposed sending five priorities,including housing and services investment and infrastructure funding and resilience. The Council agreed. 7. DISCUSS RACIAL JUSTICE AND CITY ACTION City Manager Wine said this is a standing agenda item for Council,who she believed wished to discuss the current draft of the Racial Justice and City Action Plan proposal. Mayor Snider said he was prepared to take comments and would like to give the Police Chief and City Attorney the opportunity to speak on the comments and feedback they provided. Those and suggestions from the Tigard Police Officers Association (TPOA) were incorporated into the current draft. Chief McAlpine thanked the Mayor for the opportunity to have a robust conversation with her regarding her input. She highlighted that the national narrative has shocked the country and is a very important conversation. She would like to remind everyone that across the country,laws and policing are different and they should recognize not all flarratives reflect the reality in Tigard policing. She asked they add two Councilors to the list of members, as well as representative members of the LGBTQ and religious communities in Tigard. Mayor Snider said they would try to incorporate this feedback, although the size of the commission was getting large. City Attorney Rihala reflected on her conversation with the police analyst hired to staff the City of Eugene commission,which was established in the late 1990s. She emphasized that they TIGARD CITY COUNCIL MEETING MINUTES-July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 13 created their commission in response to longstanding policing issues and community mistrust, which is significantly different than the conditions than here in Tigard. She encouraged Council to consider conditions in Tigard as they draft this proposal. Mayor Snider provided an overview of the comments from the TPOA. He stated the group would like issues to be discussed in four categories: (1) items not practiced at the Tigard Police Department; (2) items beyond the scope of change due to state or federal law; (3) items already being changed at the state or federal level; (4) items Tigard police can affect change on. They expressed concern that under the current draft, the public may get the impression the issues they plan to discuss at the commission are related to current practices at the Tigard Police Department when they are not. Council President Goodhouse said that he would change the third bullet under background, striking the second half of the statement. Mayor Snider said they would need to ensure the statement is still factually true regarding the challenge he issued. Council President Goodhouse also noted that "stop making traffic stops for violations" seemed like a radical change in policing. He was curious where the Police Association fell on that item but felt it should be removed. Mayor Snider said that this statement may need to be reframed, but the issue they are trying to get at is getting sworn police officers out of dangerous circumstances that they do not need to be involved in. He asked if they even needed to have the traffic stop encounter when it could be accomplished in other ways. Chief McAlpine said that from a practical point of view, the primary concern of residents is traffic and enforcement is necessary. She said she would be concerned if they went down that road. Mayor Snider said he would like to clarify that it was not a question of enforcing traffic laws, but how they accomplish that. He said the text may not be communicating that well and the intent is to change how that enforcement is done. Councilor Lueb recalled an instance when she was in high school and was pulled over. She felt the interaction she had with the officer was more impactful than just receiving a citation. Council President Goodhouse said he agreed that an automated citation does not really replace the impacts of an interaction. He recognizes there may be a paradigm shift occurring and they could look into ways to do things differently as well. Councilor Lueb clarified that she was in support of having the conversation,but she thinks rewriting the question would better describe the issue. Mayor Snider said the word violation was purposefully chosen and does not include investigating a traffic crime, such as a DUI (driving under the influence). Youth Councilor Calderon said that he would caution against using the words "white man." He said he felt the commission's membership is diverse,but he would like to expand the number of community members to include representation for the LGBTQ+ and faith-based communities in Tigard. Mayor Snider asked if Calderon wanted to add the new two representatives in addition to increasing the number of community members on the commission. Youth Councilor Calderon said that he would just like the added representation and the number of members would not necessarily have to increase. TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 13 Councilor Anderson said he was under the impression this would be a temporary commission but that it sounds like the proposal envisions a permanent board. Mayor Snider said he was not proposing the commission be permanent but that they could revise the proposal. Councilor Anderson said he thought they could add additional community members,up to 15 members total, since not all members would be able to attend every meeting. He said he was impressed with the document and was glad other groups got to weigh in. Councilor Lueb said she supported LGBTQ+ and faith-based members on the commission. She thinks the business community is not being represented on the commission and proposed adding a Tigard Area Chamber of Commerce designee. She also said that given the unknowns regarding the student resource officer (SRO), they do not have enough representation for students, from both public and private schools, since the issue directly impacts them. She added that she thinks the City should reevaluate the usefulness of Peer Court and potentially restoring the program. Mayor Snider said that they need to add information regarding the SRO process currently underway within the Tigard-Tualatin School District and asked City Manager Wine to draft that language. Councilor Newton said more representation is better, but that they should be careful about adding too many members. Mayor Snider asked what she thought about 15 members and Councilor Newton said she thought that would be an upper limit. She reflected that the issue of traffic stops should be better described to include officer safety considerations. She said the community should have the chance to hear about the City's contract with TriMet to better understand that relationship. Councilor Newton said Peer Court may also need to be expanded and that would be another important area for the commission to discuss. Mayor Snider asked if the Council was comfortable with pushing the current draft with edits out to the public at this time or whether more edits were required. Council President Goodhouse said he wondered if they should categorize what can be done at each level of government (local, state,government). This would be a good way to explain why the City cannot act on each of the areas of concern. Mayor Snider said he was concerned that categorizing the issues may limit dialogue on issues that the City cannot change.There was further discussion regarding the levels of government and how to address those in the proposal document. City Attorney Rihala reflected that education on these issues will be critical to understanding for the commission members and the public. She said they would need to provide this important context to the commission before engaging in deeper discussion. Chief McAlpine said providing an overview of the roles should be useful and not stifle dialogue. Mayor Snider asked if they thought the information needed to be added to the draft proposal and Chief McAlpine said she would be happy to develop that material. Mayor Snider reviewed the statement in the draft proposal including the "white male" comparison and said they could remove that reference but that it would water down the statement. There was further discussion and Youth Councilor Calderon suggested they add "to be equal to all other members of the community" in the place of the "white male" reference. The Council agreed. TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 13 Mayor Snider asked staff and Councilor Lueb to send their additional content as soon as possible in order to have it posted on the website by Friday. 8. NON-AGENDA ITEMS 9. ADMINISTRATIVE REPORT City Manager Wine said her only administrative report was to inform Council of distribution funding from Washington County for District 3. The City is part of a group recommending to the County funding should be spent in District 3. She said they are generating ideas about how those funds should be spent and encourage members of Council to reach out to her with those ideas. The purpose of funding is to build mental health and rebuild the community psyche. 10. EXECUTIVE SESSION—None. 11. ADJOURNMENT At 9:46 p.m., Councilor Lueb made a motion to adjourn. Councilor Newton seconded the motion. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ The motion passed unanimously. Caroline Patton,De City Recorder Attest: Jason B. Snider, Mayor Date: TIGA.RD CITY COUNCIL MEETING MINUTES-July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 13 12/31/2020 Printed Agenda ! q G", of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: July 14, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. Please see explanation under PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the Cite of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212. this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: • Written public comment maybe submitted electronically at\�,,,v\N:tigard-or.s,ov/Comments. All comments must be submitted before 4:30 p.m. the day of the meeting. • If you prefer to call in, please call 503-966-4101 between 7:30 p.m. and 7:45 p.m. to be placed in the queue. We ask that you plan on limiting your testimony to three minutes. VIEW LIVE VIDEO STREAMING ONLINE: http: wx«vtigard-or.gov city hall/council mcetlng.pLp CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 P.M. Monday 6:00 a.m. https://agendas.tigard-or.gov/print_agenda.cfm?seq=1751&reloaded=true&id=0 1/3 12/31/2020 Printed Agenda City= of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: July 14, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM 1. STUDY SESSION A. DISCUSSION OF QUALIFIED IMMUNITY 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time 7:30 PM 2. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 3. PUBLIC COMMENT (Two Minutes or Less, Please) A. Follow-up to Previous Public Comment B. Update from Police Chief McAlpine C. Tigard Area Chamber of Commerce D. Public Comment—Sign Up Sheet 4. QUASI-JUDICIAL PUBLIC HEARING: BULL MOUNTAIN SUMMIT ANNEXATION (ZCA- 2020-00001) 7:50 p.m. estimated time 5. UPDATE ON SENIOR HOUSING ALONGSIDE THE TIGARD SENIOR CENTER PROJECT 8:10 p.m. estimated time 6. LEAGUE OF OREGON CITIES LEGISLATIVE AGENDA 8:45 p.m. estimated time https://agendas.tigard-or.gov/print_agenda.cfm?seq=1751&reloaded=true&id=0 2/3 12/31/2020 Printed Agenda 7. RACIAL JUSTICE AND CITY ACTION 9:00 p.m. estimated time 8. NON AGENDA ITEMS 9. ADMINISTRATIVE REPORT 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT 9:45 p.m. estimated time https://agendas.tigard-or.gov/print_agenda.cfm?seq=1751&reloaded=true&id=0 3/3 12/31/2020 Print Agenda Item Summary AIS-4263 4. Business Meeting Meeting Date: 07/14/2020 Length (in 20 Minutes minutes): Agenda Title: Quasi-judicial Public Hearing: Bull Mountain Summit Annexation (ZCA2020-00001) Prepared For: Lina Smith, Submitted By: Lina Smith, Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Ordinance Public Hearing- Quasi-judicial Public Hearing: Yes Publication Date: Information ISSUE Consider adoption of an ordinance to annex two properties located at 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB, Tax Lots 1400 and 1300) into the City of Tigard. No new development is proposed on the subject properties at this time. STAFF RECOMMENDATION / ACTION REQUEST The Planning Commission recommends City Council approve the proposed Bull Mountain Summit Annexation (ZCA2020-00001) by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are located on the north side of SW Bull Mountain Road, west of SW 153rd Avenue, and east of SW 155th Avenue. Both properties are currently developed with single detached houses. 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 at this time, but intends to apply for a future subdivision application after the proposed annexation becomes effective. On June 15, 2020, Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00001). No public testimony was received at the hearing. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. OTHER ALTERNATIVES Adopt findings to deny the application. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A https://agendas.tigard-or.gov/print_ag_memo.cfm?seq=4263&rev_num=0&mode=External&re loaded=true&id=0 1/2 12/31/2020 Print Agenda Item Summary DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Exhibit A Exhibit B Exhibit C PowerPoint https://agendas.tigard-or.gov/print_ag_memo.cfm?seq=4263&rev_num=0&mode=External&reloaded=true&id=0 2/2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20-07 AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OF-WAY, APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001), 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 he 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 June 15,2020,and Tigard City Council held a public hearing on July 14, 2020, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S108AB, Tax Lots 1300 and 1400 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 June 15,2020 and July 14,2020;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties from the Tigard `Fater District, Washington County Enhanced Sheriff s 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 deterniined 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. 20-07 Page 1 from the Tigard`Yater District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council' (ZCA2020-00001) 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 unanimous vote of all council members present after being read by number and title only,thus 14th day of July 2020. � Ca,1 _ Caroline Patton,Deputy Cityiecorder APPROVED: By Tigard City Council this 14th day of July .2020. rr1 Jason B. Snider,Mayor Approved as to form: City Atto ey 7/15/2020 Date ORDINANCE No. 20-07 Page 2 State of OREGON County of Washington I certify (or attest)that this is a true and correct copy of a record in the possession of the Citv of TiQard's Records division. Dated July 15,2020 Official Stamp OFFICIAL STAMP SARA CAROLINE PATTON NOTARY PUBLIC OREGON 4State COMMISSION NO 976555 MY COMMISSION EXPIRES JULY 29,2022 Notary Publico(Preg�on my comm i ssio vi R)4)i res o?-2q-2022- Document Descrintion This certificate is attached to Ordinance No.20-07 dated lulv 14,2020,consisting of 2 pages. EAAER,11CD Civil Engineering �'� Land Survey P.c� ,?2 Land Use Planning Construction Management EXHIBIT A SHEET 1 OF 2 LEGAL DESCRIPTION FOR ANNEXING 2 TRACTS OF LAND INTO THE CITY OF TIGARD Tracts of land described in Document Numbers 2007-62034 and 2007-64398, Washington County Deed Records, situated in the Northeast 1/4 of Section 8,Township 2 South, Range 1 West, W.M., Washington County, Oregon, being more particularly described as follows: Beginning at the most easterly southwest corner of Lot 2, "Brentwood Estates"; thence along the south line of said Lot 2 and its extension along the south line of Lot 2, "Wonder View Estates", S8905327"E, 355.34 feet to the westerly right of way line of SW 153rd Avenue;thence along said westerly line, S05025'47"W, 289.15 feet, to the centerline of SW Bull Mountain Road; thence along said centerline, N76031'13"W, 18.79 feet; thence continuing along the centerline of said Bull Mountain Road, N79016'38"W, 315.98 feet; thence along the southerly extension of the east line of Tract A and along the east line of Tract "A", "Brentwood Estates" and its extension along the easterly line of Lot 1, "Brentwood Estates", N0001 1'27"E, 225.36 feet to the Point of Beginning. Containing 88,074 Square Feet. REGISTERED PROFESSIONAL LAND S RVEYOR ORE_. N EDWARD KING PHELPS 2586 EXPIRES 12-31-20 STE. 100, 6445 S.W.Fallbrook Place • Beaverton, Oregon 97008 . 503-746-8812 I TEL • 503-639-9592 I FAX www.emeriodesign.com EXHIBIT B PROPERTY BEING SITUATED IN THE N.E. 1/4 OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 1 WEST W.M., WASHINGTON COUNTY, OREGON REGISTERED PROFESSIONAL LAND SURVEYOR E OREGON JANUARY 19, 1993 EDWARD KING PHELPS 2586 EXPIRES 12-31-20 SCALE. I" = 100' POINT OF BEGINNING LOT 2 LOT 2 "BRENTWOOD "WONDER VIEW ESTATES" ESTATES" S89'53'27"E 355.34' DOCUMENT NO. DOCUMENT NO. io 2007-62034 2007-64398 'n LOT11N °p "BRENTWOOD N ESTATES" z4' 88,074 SQ FT Z TRACT "A" "BRENTWOOD o ti o ESTATES N SRC/NE OF S w BULL M _315 S W OUN RAIN BUIL MOUN7AIIV ROAD_ ,gAll 3113 „w 18.79, © TIGARD PROJECT NO. 305-010 ANNEXATION DATE 3-5-2020 BY: EKP 6445 SW FALLBROOK PL SUITE 100 GRAHAM COLTON SCALE Tm100' BEAVERTCNN, OREGON 97006 TIWD, OREGON SHEET NO 2 OF 2 (503) 746-8612 EXHIBIT C Hearing Date:Iuly 14.2020 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE ' CITY COUNCIL FOR THE CITY OF TIGARD, OREGON ' 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN SUMMIT ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2020-00001 APPLICANT: Isenhart Consulting,LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 OWNERS: Vito P. and Felicity J. Cortese 11856 SW 175th Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, OR 97224 PROPOSAL: This proposal is to annex two properties located at 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1400 and 1300) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road WCTM 2S108AB,Tax Lots 1400 and 1300 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. BULL MOUNTAIN SUMMIT ANNEXATION PAGE 1 OF 12 ZCA2020-00001 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2020-00001)meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00001 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are located on the north side of SW Bull Mountain Road, west of SW 153"Avenue, and east of SW 155" Avenue. The properties are bordered to the north, east, and west by the City of Tigard, and are bordered to the south by SW Bull Mountain Road.The properties south of SW Bull Mountain Road are part of unincorporated Washington County. Both of the subject properties are currently developed with single detached houses.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, but intends to apply for a future subdivision application after the proposed annexation becomes effective. On June 15, 2020, Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00001). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chanter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (scheduled for June 15, 2020), and one before City Council (scheduled for July 14, 2020). 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on May 21,2020;and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 BULL IMOUNT SIN SU:NL\LIT_1NNEXATION PAGE 2 OF 12 ZCA2020-00001 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. 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 April 7,2020,and notified the applicant on April 7,2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for June 15, 2020) and before City Council (scheduled for July 14, 2020). City staff posted public hearing notices in four public BULL MOUNTAIN SUMMIT ANNEXATION PAGE 3 OF 12 ZCA2020-00001 places on May 22, 2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 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 Bull Mountain 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 BULL MOUNTAIN SUMMIT ANNEX.MON PAGE 4 OF 12 ZC 12020-00001 on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991, and updated in 2019, in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal.Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services;and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application.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 Bull Mountain 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 on May 28, 2020, more than 15 days prior to the public BULL MOUNTAIN SUNINIIT ANNEXATION PAGE 5 OF 12 ZCA2020-00001 hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced 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 July 14, 2020. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00001, 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 BULL MOUNTAIN SUMMIT ANNEK-ITION PAGE G OF 12 ZCA2020-00001 land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29, 2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28,2020 and June 4,2020) prior to the June 15,2020 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,`Fater Supply and Distribution, Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation BULL IMOUNTAIN SUMIMIT ANNEXATION PAGE 7 OF 12 ZCA2020-00001 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 adequate capacity to serve the subject site. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area,and both properties are currently served by an existing 12-inch water main in SW Bull Mountain Road.Accordingly,city water facilities have adequate capacity to continue serving the subject properties. Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Police —City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site. Fire — Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex two properties, totaling 1.8 acres in size,into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division.The subject properties front on SW Bull Mountain Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District. Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city 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. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to BULL IMOUNTAIN SUMMIT ANNE'ATION PAGE 8 OF 12 ZCA2020-00001 receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with the policy outlined above. City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject properties front on SW Bull Mountain Road, which will be annexed into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District.Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 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. The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are bordered to the north, east, and west by the City of Tigard, and are bordered to the south by SW Bull Mountain Road. The properties south of SW Bull Mountain Road are part of unincorporated BULL MOUNTAIN SUIMMIT ANNES MON PAGE 9 OF 12 ZC_12020-00001 Washington County. Because the subject site is surrounded on three sides by the City of Tigard, this annexation will not create an "island" of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject 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 owners of the subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) submitted an annexation petition to the City on March 19, 2020. Additionally,the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However, the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for June 15,2020) and before City Council(scheduled for July 14,2020). City staff posted public hearing notices in four public places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4,2020) prior to the June 15, 2020 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 BULL MOUNTAIN SUMMIT ANNEXATION PAGE 10 OF 12 ZCA2020-00001 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.When the applicant applies for a future subdivision application, the Engineering Division will include a condition of approval for the development to extend public utilities to and through the site. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation.When the applicant applies for a future subdivision application,city staff will send a copy of the applicant's proposal to the agency for further comments. Tigard-Tualatin School District was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the agency for further comments. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will include a condition of approval for the applicant to comply with all TVF&R requirements. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parries, and neighboring property owners within 500 feet of the subject site on May 21,2020.As of June 25,2020,one(1) e-mail was received from Sonna Durdel, property owner of 14262 SW 155`x' Terrace. Ms. Durdel expressed concerns about screening between the subject site and her property,and referenced the residential development standards in CDC Chapters 18.200 and 18.270,and the screening standards in CDC Chapter 18.420. RESPONSE: The applicant is only proposing to annex the subject site, and no physical development is proposed at this time. Therefore, the residential development standards and screening standards do not apply to this proposal. The applicable CDC standards for this annexation are outlined in Chapters 18.710 and 18.720. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated June 15,2020 BULL'MOUNTAIN SUMMIT ANNEXATK)N PAGE 11 OF 12 ZCA2020-00001 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. Tune 25. 2020 PREPARED BY: Lina Smith Assistant Planner June 25. 2020 APPROVED BY: Tom McGuire Assistant Community Development Director BULL MOUNTAIN SUMMIT ANNEXATION PAGE 12 OF 12 ZCA2020-00001 ATTACHMENT 1 Zoning Map City of Tigard, Oregon Generalized Zoning Categories Subject Site " V Zoning Classifications 0 R-1 Residential Low-Density R-2 Residential Low-Density Jilli R-3.5 Residential Low-Density r R-4.5 Residential Low-Density ;Tt- E Y •�'y ❑R-7 Residential Medium-Density . + R-12 Residential Medium-Density R-25 Residential • Medium-High-Density R-40 Residential High-Density + F MUR-1 Mixed Use Residential 1 y �, � �� � •. �, -�� a j(�C C � N�- ; - MUR-2 Mixed Use Residential 2 - ' T MU CBD Mixed Use Central Bus Dist C-C Community Commercial ' { ` C-G General Commercial ' 4 ! =A ?lana C-N N.. :, .. ...1 Commercial _- !=Imm Aft C-P Professional Commercial ■MUC Mixed Use Commercial N em air n ik T �< ■MUC-1 Mixed Use Commercial 1 TMU Triangle Mixed Use <. j' � Pirk lac• In _ r w _ Q,. `. o,r :a<r.<a+.am m roi<:once me c+r or r vara !2i�� 1... 46a� ? ` �(3 .\ � > W w C, = <++n<ada+a a ie a n <n Th,City a+Tlyara�nan 6.� _ a F— m.ccaraa a me�+o.msro a res aea iey,.eiess o+ LynLn�gy u u e' o pro L 10 Aus inSt Scale: 0.07 Miles � OMMUNITY DEVELOPMENT DEPARTMENT t F'� r c t t _ City of Tigard i 13125 SW Hall Blvd t Tigard, OR 97223 A- Map Created: tt° '� (503) 639-4171 --" _� - 05/19/2020 www.ti and-or. ov Dakalb St „"�- + �' - Burgundy St 9 9 ATTACHMENT CITY OF TIGARD PLANNING COMMISSION Minutes,June 15,2020 Location: Members Remote in via Microsoft Teams Link to virtual hearing online: httr)s://www.tieard-or.aov/city hall/public hearines.oho Call-in number for public testimony: 503-966-4101 Public testimony call-in time between 7:15 and 7:30 p.m. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Commissioner Quinones Commissioner Roberts Alternate Commissioner Schuck Commissioner (K7) Tiruvallur Commissioner Watson Commissioner Whitehurst joined a bit late due to technical difficulties. Absent: Alt. Commissioner Sarman Staff Present: Tom McGuire,assistant Community Development Director; Doreen Laughlin, Executive assistant; Lina Smith,Assistant Planner; Susan Shanks, Senior Planner COMMUNICATIONS —President Feeney noted that there was an error on the call-in number for public testimony. It was correct on the agenda;however, it had been posted on the City Website one digit off. He gave the correct number by way of correction. CONSIDER MINUTES President Feeney asked if there were any additions, deletions, or corrections to the February 3 minutes; there being none, President Feeney declared the minutes approved as submitted. PUBLIC HEARING BULL MOUNTAIN SUMMIT ANNEXATION QUASI-JUDICIAL ANNEXATION,ZCA2020-00001 June 15, 2020 Page 1 of 5 DESCRIPTION OF PROPOSAL: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1300 and 1400). QUASI-JUDICIAL HEARING STATEMENTS President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Jackson and President Feeney had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over a PowerPoint (Exhibit A). She noted that this proposal is to annex two properties located on the north side of Bull Mountain Road into the City of Tigard. The applicant is not proposing any new development on the subject properties at this time, but the applicant intends to apply for a future subdivision application after the proposed annexation becomes effective. Because this future subdivision Will connect to City sewer, this annexation is first required. City staff,including the Engineering and Public Works departments reviewed the applicant's proposal and determined there are adequate facilities and services available to the subject site. Additionally, 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 (ZCA2020- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00001 to City Council. APPLICANT'S PRESENTATION Danelle Isenhart, of Isenhart Consulting,introduced herself as the applicant representing the developer of the site. She noted that she didn't have a full presentation as they agree with staff on the annexation. She told the commissioners that this annexation is the first step before the proposed subdivision,which is proposed to be about 11 lots. She said she had no other comments other than that she agrees with the staff report at this point. QUESTIONS OF THE APPLICANT—None. QUESTIONS OF STAFF June 15, 2020 Page 2 of 5 Commissioner K7 asked a clarifying question. He noted there was a large subdivision located very near the subject annexation and that he was concerned that those nearby residents had been notified of the annexation. assistant Planner Lina said that a notice of annexation had been sent by USPS mail to all the neighbors that live within 500 feet of the site and that there was a notice posted on the site as well. She explained that the notice the City sent out only referred to the annexation (not the possible subdivision). She said the applicant could speak to them about the neighborhood meeting that they had held. Applicant Danelle Isenhart told the commissioners that they'd held a neighborhood meeting and had covered both the annexation and the subdivision at the same time to let the neighbors know that this was possibly being proposed. She noted that a number of people from the nearby development Commissioner K7 was concerned about were in attendance at that meeting. Lina added that they will mail a separate notice regarding the subdivision to the nearby neighbors if/when the application comes in. Commissioner Jackson noted, "Obviously the intention is to eventually turn these lots into a subdivision. I'm curious if for this specific annexation decision... if calling out that it was going to be subdivided in any way ties our hands in the future." Lina answered, "If you're asking if that links the applications together - for instance if we make this decision to annex, and then in the future they use the fact that the annexation report included the language of subdivision... would that set a precedent or some sort of indication that that was going to proceed —I would say no. Because there's different criteria for the subdivision application. Theoretically, they could annex and never develop —and that would be okay. But because they gave us a heads up and said they were going to apply for a subdivision application, I did just want to call that out on the public notices, but again, it would be a separate application for the actual subdivision and separate approval criteria." PUBLIC TESTIMONY President Feeney asked if there was anyone on the line waiting to testify. He was informed that there currently was no one calling in with testimony. The commission waited five minutes to give the public time to call in. No one called in. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. PUBLIC HEARING CLOSED QUESTIONS President Feeney asked if there were any questions from the commission for the applicant or staff. There were none. June 15, 2020 Page 3 of 5 DELIBERATION President Feeney asked if there were any questions or clarifications internally that the commissioners would like to ask. There were none and there was no further deliberation. MOTION Vice President Hu made the following motion: "I move the Planning Commission forward a recommendation of approval to City Council of application number ZCA2020-00001 and adoption of the findings contained in the staff report." The motion was seconded by Commissioner Roberts. VOTE All in favor, none opposed: 9-0 RESULT Motion for approval CARRIES. President Feeney noted that this is scheduled to go to the City Council on July 14, 2020. BRIEFING Senior Planner Susan Shanks stated that she was there to give the commissioners a briefing on the Washington Square Regional Center Update project. The last time she had been before the commission was in October of last year. She shared her screen and went over the Washington Square Alternative Community Engagement Strategy and Maps (Exhibit B). The main points of the briefing: • Since the last project briefing in October, the city issued an RFP, selected and got a consultant team under contract, and entered into an IGA with Metro for the grant award. • The consultant team is led by ECO Northwest and includes 3J Consulting, SERA Architects,Toole Design, and Verde. • The project kickoff meeting with the consultant team occurred the week that most employees began working remotely because of COVID-19. • The project team immediately began work on an Alternative Community Engagement Strategy to address the challenges and social distancing requirements associated with COVID-19. • The project team may adjust the project schedule depending upon what we hear from the community, especially with regard to the community's ability and interest to participate in a long-range planning project. The project is currently still on schedule. June 15, 2020 Page 4 of 5 Susan noted that there is more information on the City of Tigard website located at https://www.tgard-or.gov/thesquare/. She noted that there's a place on that website for the public to sign up to be on the "interested party" list should they desire to do that, and also that there was staff contact information listed there as well. She noted that she would be back with another Planning Commission briefing on this topic -likely in August or September. President Feeney thanked Susan for the presentation. He also thanked Commissioner Jamie Watson for volunteering to be on the Stakeholder Workgroup for this project. OTHER BUSINESS— Assistant Community Development Director Tom McGuire reminded the commission that there is a meeting scheduled for next month;it will be regarding the Macerich project and will be held on July 6th. He noted that the notice went out last week and that due to the anticipated high public interest, they will likely limit the staff report so that there's more time for the public to speak. ADJOURNMENT President Feeney adjourned the meeting at 8:30 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Brian Feeney June 15,2020 Page 5 of 5 CITY OF TIGARD • e c t a n • C a r e Do the Right Thing G e t it Done ■ EXHIBIT Bull Mountain Summit Annexation ZCA2020-00001 Presented to Tigard Planning Commission I June 15, 2020 Zoning Map City of Tigard. Oregon R-7 Generalized Zoning Categories i Subject Sfte I Zoning Classifications R-1 Residential low-Density R-2 Residentisl Low-Density R-3.5 Residernia I Low-Density RAS Residentia Ilow Density R-7 Resdentid Medium-Denney ',;f R-12 Residential Medium-Densly J R-25 Residential l ''� ti I �1�gtY "' Medium-High-Density R-40Residential High-Density IL S I'Vi MUR 1 Mixed Use Residential1 �UC� MUR-2 Mixed UseResidentisl2 Af r '�' 1 - -`- - - :may yffi. H � VNTA�N ■MU-CSD Mixed Use CentnlRus D'et t C-C Community Commercial I .'[cr < > -.."' Y ,e']s ■GG General Commercial 'R t C-N Neghhorhoad Commercial CW arc Professionalmm ercial A .4 ■MUCM aid Useill MUMagid Usee Com Commerziall . i 1 +. }. •�1 t _ _ TMU Triangle Maad Use l� L � y all F 1 y „, a''r�! r+ •YYiaa ` �. �•�rt ? A1 ' ; `�� COMMaNITY OIVIlOININT el r�RTMINT Coy of Tigard 131255W Ha 11 Blvd .. T ig a rd.OR 97223 NnpCrcmm- (503)639-4171 U uk�I la Sf .. f511rllundv St as,lw= www.figard-ol.gov CITY OF TIGARD PLANNING COMMISSION Minutes,June 15,2020 Location: Members Remote in via Microsoft Teams Link to virtual hearing online: httr)s://www.tijzard-or.aov/citv hall/public hearinRs.r)hp Call-in number for public testimony: 503-966-4101 Public testimony call-in time between 7:15 and 7:30 p.m. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Commissioner Quinones Commissioner Roberts Alternate Commissioner Schuck Commissioner (K7) Tiruvallur Commissioner Watson Commissioner Whitehurst joined a bit late due to technical difficulties. Absent: alt. Commissioner Sarman Staff Present: Tom McGuire,assistant Community Development Director; Doreen Laughlin, Executive assistant; Lina Smith,assistant Planner; Susan Shanks, Senior Planner COMMUNICATIONS —President Feeney noted that there was an error on the call-in number for public testimony. It was correct on the agenda; however,it had been posted on the City Website one digit off. He gave the correct number by way of correction. CONSIDER MINUTES President Feeney asked if there were any additions, deletions, or corrections to the February 3 minutes; there being none, President Feeney declared the minutes approved as submitted. PUBLIC HEARING BULL MOUNTAIN SUMMIT ANNEXATION QUASI-JUDICIAL ANNEXATION,ZCA2020-00001 June 15, 2020 Page 1 of 5 DESCRIPTION OF PROPOSAL: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1300 and 1400). QUASI-JUDICIAL HEARING STATEMENTS President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Jackson and President Feeney had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over a PowerPoint (Exhibit A). She noted that this proposal is to annex two properties located on the north side of Bull Mountain Road into the City of Tigard. The applicant is not proposing any new development on the subject properties at this time, but the applicant intends to apply for a future subdivision application after the proposed annexation becomes effective. Because this future subdivision will connect to City sewer, this annexation is first required. City staff, including the Engineering and Public Works departments reviewed the applicant's proposal and determined there are adequate facilities and services available to the subject site. Additionally, 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 (ZCA2020- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00001 to City Council. APPLICANT'S PRESENTATION Danelle Isenhart, of Isenhart Consulting,introduced herself as the applicant representing the developer of the site. She noted that she didn't have a full presentation as they agree with staff on the annexation. She told the commissioners that this annexation is the first step before the proposed subdivision,which is proposed to be about 11 lots. She said she had no other comments other than that she agrees with the staff report at this point. QUESTIONS OF THE APPLICANT—None. QUESTIONS OF STAFF June 15, 2020 Page 2 of 5 Commissioner K7 asked a clarifying question. He noted there was a large subdivision located very near the subject annexation and that he was concerned that those nearby residents had been notified of the annexation. Assistant Planner Lina said that a notice of annexation had been sent by USPS mail to all the neighbors that live within 500 feet of the site and that there was a notice posted on the site as well. She explained that the notice the City sent out only referred to the annexation (not the possible subdivision). She said the applicant could speak to them about the neighborhood meeting that they had held. Applicant Danelle Isenhart told the commissioners that they'd held a neighborhood meeting and had covered both the annexation and the subdivision at the same time to let the neighbors know that this was possibly being proposed. She noted that a number of people from the nearby development Commissioner K7 was concerned about were in attendance at that meeting. Lina added that they will mail a separate notice regarding the subdivision to the nearby neighbors if/when the application comes in. Commissioner Jackson noted, "Obviously the intention is to eventually turn these lots into a subdivision. I'm curious if for this specific annexation decision... if calling out that it was going to be subdivided in any way ties our hands in the future." Lina answered, "If you're asking if that links the applications together - for instance if we make this decision to annex, and then in the future they use the fact that the annexation report included the language of subdivision... would that set a precedent or some sort of indication that that was going to proceed —I would say no. Because there's different criteria for the subdivision application. Theoretically, they could annex and never develop —and that would be okay. But because they gave us a heads up and said they were going to apply for a subdivision application, I did just want to call that out on the public notices, but again, it would be a separate application for the actual subdivision and separate approval criteria." PUBLIC TESTIMONY President Feeney asked if there was anyone on the line waiting to testify. He was informed that there currently was no one calling in with testimony. The commission waited five minutes to give the public time to call in. No one called in. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. PUBLIC HEARING CLOSED QUESTIONS President Feeney asked if there were any questions from the commission for the applicant or staff. There were none. June 15, 2020 Page 3 of 5 DELIBERATION President Feeney asked if there were any questions or clarifications internally that the commissioners would like to ask. There were none and there was no further deliberation. MOTION Vice President Hu made the following motion: "I move the Planning Commission forward a recommendation of approval to City Council of application number ZCA2020-00001 and adoption of the findings contained in the staff report." The motion was seconded by Commissioner Roberts. VOTE All in favor, none opposed: 9-0 RESULT Motion for approval CARRIES. President Feeney noted that this is scheduled to go to the City Council on July 14, 2020. BRIEFING Senior Planner Susan Shanks stated that she was there to give the commissioners a briefing on the Washington Square Regional Center Update project. The last time she had been before the commission was in October of last year. She shared her screen and went over the Washington Square Alternative Community Engagement Strategy and Maps (Exhibit B). The main points of the briefing: • Since the last project briefing in October, the city issued an RFP, selected and got a consultant team under contract, and entered into an IGA with Metro for the grant award. • The consultant team is led by ECO Northwest and includes 3J Consulting, SERA Architects,Toole Design, and Verde. • The project kickoff meeting with the consultant team occurred the week that most employees began working remotely because of COVID-19. • The project team immediately began work on an alternative Community Engagement Strategy to address the challenges and social distancing requirements associated with COVID-19. • The project team may adjust the project schedule depending upon what we hear from the community, especially with regard to the community's ability and interest to participate in a long-range planning project. The project is currently still on schedule. June 15, 2020 Page 4 of 5 Susan noted that there is more information on the City of Tigard website located at https://www.tigard-or.e-ov/thesquare/. She noted that there's a place on that website for the public to sign up to be on the "interested party" list should they desire to do that, and also that there was staff contact information listed there as well. She noted that she would be back with another Planning Commission briefing on this topic -likely in August or September. President Feeney thanked Susan for the presentation. He also thanked Commissioner Jamie Watson for volunteering to be on the Stakeholder Workgroup for this project. OTHER BUSINESS — Assistant Community Development Director Tom McGuire reminded the commission that there is a meeting scheduled for next month;it will be regarding the Macerich project and will be held on July 6th. He noted that the notice went out last week and that due to the anticipated high public interest, they will likely limit the staff report so that there's more time for the public to speak. ADJOURNMENT President Feeney adjourned the meeting at 8:30 p.m. Doreen Laughlin, Plan mission Secretary AT MST: President Brian Fe _June 15,2020 Page 5 of 5 CITY OF 1 Respect • Care D • t he Right Thing G e t it Done EXHIBIT Bull Mountain Summit Annexation ZCA2020-00001 Presented to Tigard Planning Commission I June 15, 2020 • I - ':' Zoning Map 4-Oil City of Tigard, Oregon Generalized Zoning Categories l _ Subject Site `. Zoning Classifications y a vy',,, - -•,`J� R-1 Residential Low-Density CggII R-2 Residential Low-Density Yf i� R-3.5 Residentia)Low-Density R-.5 Resident ial Low-DensRy 1 r R-7 ResidentlalMediu m-DensRy R-1211esidential Medium-DensRy #, ,,.. I R-25Rwidential L } Medium-Hgh-Density -40ResidentialHgh-Density :;' "x - - - MUR-1 Mimed Use Residential) :,F.-.- r5 ` e.."Y $uC( Ou MUR-2Mimed Us&Hwidential2 Y �1 T ■MU-CBD Mimed Use Central Bus Dist VolC-CCorrmunity Commercial �C-BGeneral Commercial .•7�', - .;:•,� .. -� K►i_ani.Cn. a meraa "� � �r <• GN Negh horhood Co mmerclal - ++ �• '"x y. ■GP Professional Com I Nam arnik�r "" - `*.► �•.+�"�`• :'- -- MUCMimed Use(bmmercial MU41 Mimed Use Commerciall TMU Triangle Mixed Use LU ",t #. jt :1;:r..... I COMMUNITY D"ILOrMr NT EtramTMr NT .."._ City of Tigard 13125 5110 Hall Blvd Tigard,OR 97223 s MnpG—d: (503)639-4171 I'..v.il, ,• I;, .a.x,Ae Rt 09la-2720 —..tigard-ar.go,Y EXHIBIT B 171 .1M REGIONAL CENTER Alternative Community Engagement Strategy Washington Square Regional Center Update Project City of Tigard I May 28,2020 I. Introduction In light of COVID-19 and associated social distancing requirements, the city recognizes the need to modify its community engagement strategy for the Washington Square Regional Center (WSRC) Update Project,which has recently gotten underway. The majority of the funding for this project is provided by Metro through their 2040 Planning and Development Grant program (IGA Contract No. 936295). Exhibit C of the IGA Contract would need to be modified to reflect the alternative community engagement strategy proposed by this document. The city remains committed to meeting the goals of its original community engagement strategy as summarized below. • Engage as many stakeholders as possible from a broad and diverse cross section of property owners,businesses,residents, agencies, and service providers within and adjacent to the regional center,including historically underrepresented community members in Metzger. • Design an engagement process that results in project outcomes that reflect the diverse opinions of all stakeholder groups. • Build on and refine the land use and regulatory framework in response to market trends, city aspirations,and stakeholder priorities. • Coordinate with regional partners. II. Original Community Engagement Strategy The original community engagement strategy included a series of in-person meetings, events, and activities,which are not currently possible in the COVID-19 environment. The original elements of the strategy are provided below. Page 1 of 8 • 5 WSRC Stakeholder Working Group (SWG) Meetings • Metzger Community Outreach (e.g. door knocking) • 3 Metzger Community Events • 2 WSRC Open Houses • 3 Focus Groups • Stakeholder Interviews • Community Group Presentations • Online Surveys and Communications • Direct Mailings III.Alternative Community Engagement Strategy Given the uncertainty associated with the length of the social distancing requirements, coupled with the emotional and economic impact of COVID-19, the city proposes to modify how and when to engage the community on this project. The city used the following guiding principles to develop the alternative strategy with the assumption that traditional in- person meetings, events, and activities will likely not be possible or desirable for the duration of the project. • Sensitive Sensitive to the larger issues that the community may be experiencing because of COVID-19 and the related economic disruptions. • Safe Safe for all stakeholders and project team members through the use of social distancing, direct mailings, and technology. • Supportive Supportive of those stakeholders who have historically experienced barriers to participation and/or who may currently experience barriers to participation because of COVID-19 through the use of financial or technological assistance. • Meaningful Meaningful involvement of stakeholders through a combination of in-depth one-on- one interactions, small-group virtual meetings, and widely-dispersed short-format surveys. The details of the alternative strategy,including a comparison to the original strategy and a preliminary schedule, are on the following pages. A more detailed community engagement plan for the five distinct rounds of engagement identified by this strategy will follow once the project has completed some preliminary outreach and determined that the community has the capacity to participate. If it appears that the impacts of COVID-19 will prevent the project from meeting its stated engagement goals, other alternatives or a project delay will be considered. Page 2 of 8 Community Engagement Strategy Comparison The elements of the original strategy are bulleted below with the elements of the alternative strategy in italics underneath. The symbol in front of each italicized line denotes the overall change in level of effort (and budget) to implement each proposed alternative element as compared to what was planned for the original strategy. [+] = more effort [—] = less effort [NIL] = same effort • 5 WSRC SWG Meetings [+] A minimum of 2 virtual SWIG meetings with breakoutgroups, a minimum of 1 SWIG cohort meeting(e.g. residents only),follow-up calls or surveys after each meeting, and ongoing project interaction supported through a private online forum. Possible additional urban design charette centered around the mall site, specifically the transit center and stormwater opportunity sites. • Metzger Community Outreach [+] Similar amount of outreach but timing and methods adjusted for COVID-19, including but not limited to:direct mailings, online and phone surveys, displays at kg neighborhood locations, social media postings, and community leader phone trees and interviews. More time and budget spent on supporting community leaders and gathering input through community outreach rather than at events. • 3 Metzger Community Events [—] Potentially 1 event—more if it is successful and cost ffective--but timing and methods adjusted for COVID-19, including but not limited to neighborhood walks or outdoorgatherings. • 2 WSRC Open Houses [NIL] 2 virtual open houses. • 3 Focus Groups [—] 0 focusgroups. More time and budget spent on other engagement efforts such as SWIG support, Metzger outreach, and online engagement. • Stakeholder Interviews [NIL] Similar number of interviews but timing and methods adjusted for COVID-19. • Community Group Presentations [NIL] Similar number of presentations but timing and form adjusted for each group. Presentations may be done as virtual meetings or as email or phone updates. • Online Surveys and Communications [+] Stronger online presence with morefrequent updates and more opportunities for online engagement across multiple applications. • Direct Mailings [NIL] Similar number and types of mailings, but additional mailings may be needed. TBD. Page 3 of 8 Alternative Community Engagement Strategy Preliminary Schedule with Project Tasks 2020 2021 Jan Feb Mar Apr May Jun Jul Ault Sep Oct Nov Dec Jan Feb Mar Apr May Jun-Sep sow 1 CarRrad �Ta*1 Prolect Manasement Talc 2 Community Ensalement Tart S Report Card (Task 4 Oppileeds-Constraints Analysis �To*S lard Use Framework Tads 6 Metzger Rpt Task 7 Final Report Tads S Adoption ABBIITS ,;, uns 1 ,� MTG ; I OPEN HOUSE stwaEsSE61swei) OUTREACH 1 KM / 1 MT6 j OPEN HOUSE I ' ! OUTREACH ( ( OPEN HCN15E 1 OPEN HOUSE 1 1 wBWEimiswei) OUTREACH ,MTG WM ` MT6 j OPEN HOUSE M!SKW s 1WSKAAetwer) �` OUTREACH �- Jt OPEN HOUSE/ OPEN HOUSE," Br1AK/WEE UPDATES Update TASK s Update Update TASK 4 Update Update TASK 5 Update Update Update Update Update soCiAL MEOM TASK DEUVERAKES I ENGAGEMENT OPPORTUNITIES I OPEN HOUSE Terms and Symbols © Five distinct rounds of engagement with two major points of input during Rounds 2 and 4 o SWG = Stakeholder Working Group o WSRC = Washington Square Regional Center o METZGER = Metzger community o MTG = Virtual group meeting o OUTREACH = SWG membership outreach 0 1-on-1 = Individual phone or video conference with each SWG member o PROJECT OUTREACH = Various types of engagement offering multiple points of project contact/input o OPEN HOUSE = Virtual open house o PC/CC = Planning Commission and City Council briefings Alternative Strategy Details Rounds of EngaLyement • It is expected that community engagement will need to be flexible and adaptive throughout the project in response to the evolving COVID-19 situation. As such, the project would develop separate plans for each round of engagement to allow community feedback and lessons learned to inform each successive round of engagement. Page 4 of 8 Stakeholder Working Group (SWG) • In lieu of 5 SWG meetings, the project would convene a minimum of 2 virtual SWG meetings with breakout groups during Rounds 2 and 4. Timing of SWG meetings would allow members to learn about and comment on the current project task and provide direction on the next project task. These major touch points with the project would be augmented as follows: o Business and Resident SWG members would be called by a project team member prior to the first SWG Meeting to learn about the project,ask questions,and complete a short interview. o Resident SWG members would be convened in a smaller group setting prior to the first SWG meeting. o All SWG members would have access to an online private interactive forum where they could post questions,provide comments, and interact with one another and the project team outside of scheduled meetings. o Follow-up surveys or phone calls would be conducted after each meeting. • The project would also consider additional SWG or SWG cohort meetings during Rounds 3 and 5 depending upon need and budget. • In order to support meaningful and successful participation by SWG members from historically marginalized/underrepresented communities, the project would work to understand how best to support these members and ensure their voices are heard by: o Asking them what they need to effectively participate, e.g. technology, training, interpretation services, childcare, etc. o Providing stipends to compensate them for their time and effort. ($500/member for up to 8 members) o Committing professional resources to build their leadership capacity, advocacy skills, and understanding of city planning. o Providing time on all SWG meeting agendas for representatives to report on what they've heard from their community networks. o Asking them to help shape the project's engagement strategies and methods. • SWG Membership would be as follows: Resident SWG Membership: 1. Former WSRC SWG member 2. Current Planning Commissioner and Metzger community member 3. CPO 4M member 4. Apartment or renter resident—identib,need for stipend or technology/training Page 5 of 8 5. Hispanic resident—identi need for stipend or technology/training 6. African American resident—identi ft need for stipend or technology/training 7. Youth resident—iden/i ft need for stipend or technology/training 8. Additional community leaders as needed to reflect the diversity of the community TBD 9. Community organizations TBD Business SWG Membership: 1. Macerich (Washington Square Mall) 2. Lincoln Center 3. Greenburg business 4. Cascade business 5. Nimbus business (Beaverton?) 6. Nimbus business (local serving? minority owned?) —identi need for stipend or technology/training 7. Hall business (local serving? minority owned?) —identi need for stipend or technology/training 8. Banker, broker,builder TBD 9. Business organizations TBD Agency SWG Membership: 1. Washington County 2. Beaverton 3. Metro 4. ODOT 5. TriMet 6. CWS 7. TVWD (Optional) 8. Tigard Water District (Optional) Metzger Community Outreach/Events • In lieu of 3 Metzger community events, the project would: o Enlarge the Resident SWG membership to include more members from historically marginalized/underrepresented communities and commit staff and financial resources to support them. o Potentially hold one outdoor event, such as a neighborhood walk or outdoor meeting. Potential topic of discussion: transportation needs and priorities. o Pursue other forms of engagement suggested by SWG members or other community members or organizations. • In order to help the project reach and hear from historically marginalized/ underrepresented communities, the project would: Page 6 of 8 o Utilize existing community contact lists developed by Verde and Unite Oregon to cultivate interest in serving on the Resident SWG and feel the temperature of the community to determine how best to proceed. o Ask community leaders and/or SWG members to directly assist with the project's engagement efforts,including but not limited to conducting interviews with members from their community. The project would compensate them for their time and effort. • It is expected that community engagement methods would need to be flexible and adaptive throughout the project in response to the evolving COVID-19 situation. Community outreach methods include but are not limited to the following: direct mailings, emails, online and phone surveys, displays at key neighborhood locations, social media postings, and SWG/community leader phone trees and interviews. • At a minimum,the project would attempt to discover the following information from the community through interviews or surveys in such a time and manner that their input helped shape project outcomes: o Neighborhood concerns and aspirations o Neighborhood transportation needs and priorities o Land use scenario preferences • Initial phone calls, mailing(s), social media posts, and associated website links would: o Introduce and describe the project o Provide a community snapshot o Ask residents to complete an online or phone survey o Ask residents for contact preferences (phone, email, text,mail) and contact information for project updates or follow-up surveys o Ask residents if there are other groups or people that the project team should contact. • Since responses to initial phone calls and mailing(s) would be critical to the success of the engagement effort, the project team should discuss how best to incentivize and support participation,including but not limited to the following: o Financial incentives (e.g.Visa cash cards) o Language access o Mailing design (including return address and return postage) Business Outreach Prior to COVID-19,the project sent out two letters to almost all businesses in the Washington Square Regional Center Plan District, followed by emails to a smaller subset of mostly owner-operated businesses that were geographically dispersed within the regional Page 7 of 8 center. This effort resulted in a number of interviews,a meeting, and a potential SWG member. Similar to the community outreach strategy, the business outreach strategy would need to be flexible and adaptive but could probably rely on more traditional engagement methods in many instances, such as direct mailings,emails, and virtual meetings. The project would rely on existing City of Tigard and City of Beaverton business contacts,including business license information, and those from the Verde and Unite Oregon contact lists. Urban Design Charette This event was not identified in the original scope of work. However,given the current circumstances, the project is taking the liberty of assuming that the Washington Square Mall would have been identified as a key opportunity site for redevelopment had the original community engagement strategy been able to run its course. With this in mind, the project proposes to engage Macerich,i.e. the mall owner, and perhaps others, e.g. SWG members,in a charette that potentially focuses on two aspects of redevelopment about which there is i known public interest and implications,namely: o Transit-Oriented Development (TOD),including transit center re/location o Stormwater Management A TOD charette presents a unique opportunity to explore how the transit center could,in the future, serve as a true "center" for the regional center if provided with the right urban design framework that was supportive of transit-oriented development. This work would inform the land use scenarios developed in Task 5. Key agency and consultant team members would be as follows: o TriMet (Transit access and improvements) o CWS &Tigard (Stormwater management) o SERA Architects (Urban design) o ECONorthwest (Transit-oriented development) IV. Alternative Community Engagement Strategy—Next Steps • Re-evaluate project scope, schedule, and budget in light of the Alternative Community Engagement Strategy. • Research virtual meeting platforms that support breakout rooms and language interpretation. • Develop Round 1 community engagement plan. Page 8 of 8 Ira, L Regional Center Boundary (2018 Aerial) ♦w ,. i ! ! n a.. GARf)FN HOME RU �!!�' wr` "— +fid �' •a� 1�y r - 2 . k f _ y �. .. • t 'wl' f pft•..�• � 1 �•,rs+" J AR r s'►- , y �7gy��' ;.}�r cls i -;�:'� i#,�.'l�_ .,:� # ll..�� -til • �•, t^ i M.!# �1 '��j.y t�`x t� y �� t f'• ° "J•C c ' Ar 217 W m 71 •. al 1 r - i .s r 't 4•! .k 'rin •7. I!" l�'t•'... i nS ai: Alf AN Washington Square Regional Center (Metro Boundary) Washington Square Regional Center ^•+ ' •� �, _�. (Tigard Plan District Area) rti � a }L`Y *} SZ •'e l'rl Tigard City Boundary 0 0.2 0.4 ar�t"ia •.T > i SPY �:. �. Miles I ITS, b, Key Sites i _, "°, _ " •'; . �.- GARU'EN HOME R•W r .:�.�r - i � ��" ., .,fit e...._, •M*e. �•. l� - Red Tail {' J ,#w � Its Golf RX Course':, .• r + • t MEN ESStop. =.�I, :..�r•� .;' '• ra it • s �v •' t r •. t O iii.��_ • R + CentVI ' - ,; Washington 1 Square Mall " • 1C .t :• �•.,�K ., I � •- ., .�:'�� .1 .• Metz•er Park �"�' •.Pt ���?=r' �;• � C _ r'I '`'17t ,..i�I , '" L 1 ���`9y` C'' �'. r ��+;�•i� 'dk.� Z = r'�-�_-•-.._.•--���I_� *t.., � it' ,* rl�'•w f a�+ :�'. ; •a ''r• r �,,..r� `s N,..n,.'.!{, " �'• MZge ""1iF�• +11 .y�, '; '! „lig•'.! �`, �'�►: �• � • � •s' `� ` �iA��Elerrielitary,'�_�n ``.A �.�"+• Lln'coln l bwefi - , s ' r` Center ,,, }. 2019 Key Sites Washington Square Regional Center ' (Metro Boundary) Washington Square Regional Center (Tigard Plan District Area) �?�►<. ' �Frlr ���i� ti t f I Tigard City Boundary ��` _ 0 0.2 0.4 ' t `x 4 ..` Miles A r Transportation Projects: F + Original Plan Recommendations (2001) _ _ 1 1 G' RDE RD TDM Program: Parking supply/demand and utilization analysis 4b it G h y � 1 z � 15 1 Eliander 1 12 Vehicle Access 1 Hall Blvd Signal p�.rC`' 1 Timing&Bus 1 ueue um in 1 a '1S S WES Station hq<< 1 1 �o 1 1 7b 16 Grccnburg Rd tiimal'Timing Shuttle Service: 10 i Connecting VES,Mall, Lincoln Center, Nimbus/Cascade Districts 14 � 217 ra to I 1 �. 1b ♦ Type of Project: ® - • Complete Streets O , Intersection ♦ s s • 11 O Ped/Bike • Transit T Washington Square Regional Center �� Hwy 217 Capacity (Metro Boundary) Improvements: 16 J� r I-5 to Hwy 26 ■ Washington Square Regional Center P?P (Tigard Plan District Area) 0 l i I Tigard City Boundary �� ,♦ 0 0.2 0.4 ,, ,_I_!' Miles y¢ _ .t .. , Nti n..1�R,�R �,'j'•F5 .Y!•�. J �-s' •4 a , !rr 17, al Employees by Subarea byYear (2003, 2010, 2018) — _-.. ,— ---..-- ... . Aw• nl G�A'RDEN pH O MEtR 4�a. "'• .��' ' °a..iF.'° a:'�i'M�I�f'+,.• ► rya__ �_ Subarea Bl .. } -. 'y, +•rr+:�. , }_ 2003:1,671 �a''`� - 1.: x 0 2010:1,193 •�' 2018:1,492 , �R Subarea B3 + 1,A 4 t' 2003:981 .P •, r t 2010:842 Red Tail All2018:603 Golf Course i k Sub,.trea 2003:4,160 R Rd 2010:3,333 r \ s t o`��o� 4Y 2018:3,397 , "'r•�� � -i w ��;-° .�a� � SubareaT6 ��. 2003:136 IN �'� . r •�' f�:VO .k• r � - 2010.124 f •K ��, r f# 2018:121 wr E Subarea T3 Subarea T4 • .• �+ 2003:474 4,094 2010:433 't` 2010:03:4,559 20 �g ` 2018:4,178 7 1 2018:357 T .L Subarea T1 2003:750 .R, o *Y-'a,..d r'a �•�../a +.' 2010:702 217 n SuUarea TS �y m .r +k`. vti r A +p�p•.i"' i* •4i i 2018:529 c 2003: > 2010:2,837 • y {* F`,��t }° 1 ��a ; 2018:1,964 ' TM ,n *r per•° ie a t1;4,;. Subarea T /� t r)E 2003:8262 ° + 1f i� s %a �'��• 2010:864 2018:1,100 A i �... !b✓4.aQr�..R tar.:s.,� �3aa► .a. }� WSJ h--l� y�i :?` y'. l "�„f � ... ,.7, Washington Square Regional Center ��/y t�'" a�2' ? !y'� a'°�T� � �I ;'""r�!1•"� 4. +' (Metro Boundary) €i• e+ ` ���. ! a 1 SR► Washington Square Regional Center �`= :• ► s-: z *. �' At a A 1L--31 (Tigard Plan District Area) —i � .- ° ,la_' ass • 0 0.2 0.4 t r Tigard City Boundary M 41 ..► ` " ti 4 t Miles 170 Floor Area Ratio by Site GAR DEN-HOME RD i 1 _ 4 O �u i\ � 9ON•�O O OVA i r— t 1 _ a 217 ju Floor Area Ratio Less than 0.30 0.30-0.59 0.60 - 1.24 . 1.24 and Greater ® Meets Tigard Min. FAR Washington Square Regional Center (Metro Boundary) Washington Square Regional Center P2`P (Tigard Plan District Area) Tigard City Boundary �� 0 0.2 0.4 Miles p ��♦��' NO i C Redeveloment Potential ! NUN r! f11♦!! _ D ♦aili � _ ., ... •.l.�►' ►,� C.mono ,�`�__ Red Tail Golf Course * tat u� �rrr Cc �i pN/ q!�♦fir M�` ���► IF !♦ ♦r � ,tom � � C!<at a♦ria! •� � ;� . � i!i!i!i!i!i i emet ■ ■. 1� �' r A!O � I'`� �l i ►q .�•!♦ ���. � ii .. � yam.. .e♦``s '; 217 Elementary IAS Improvement to Land Ratio pl! ■ `t� Redevelopment Potential: �flf« wZ\ ] �I` c <0.33 - High �� �" i .�� `M r 1� ln._♦♦rte.. `; + . o\`!� v � 0.33 - 1.00 - Moderate — o '- x , > 1.00 Low ��C14 Ar!! t1w,Buildable Lands Inventor ��, �l�o��.,,a � low 11 CWS Vegetated Corridor Washington Square Regional Center (Metro Boundary) E • Washington Square Regional Center -- ---- -- � �t (Tigard Plan District Area) 0 �. L t r I Tigard City Boundary j*!�l�� ��� �'•- for • ® 0 0.2 0.4 -� ♦�1�� Miles a Regional Center Boundary (2018 Aerial) f � iiid. rte, p� i( raw �,At' N- A .� %. - . an rit, zt Ki A ��' ..,� *� ,•�tv.. ` �� .i♦ •y ,tri`, �., \>6�. ��yP 12'a-� .._ _•� -%MTS• '�' i" —• ... F ... Tjr lar ;�.., � _ � ''�� �`,-+�..+a. •►• It . / �si♦i 217 E:' � i � •w �./'• /fir.. �.♦1r '� ��. tr ,J--•. �3��•. u +-�• 4` ��'r�-• w'Mi�l..► j� •'/.�* �� ,f. i ►tr�'# .f lair✓ i. .1! i�_ '+ i. Washington Square Regional Center (Metro Boundary) iSr.,` Washington Square Regional Center - ar t_;, ti.i . �' z ,, !�► ✓ (Tigard Plan District Area) •� ' "�' , :� , t y r✓— �` yrs" •,.�{_ 0 0.2 0.4 Tigard City Boundary ` '"s es Hearing Date:Tune 15.2020 Time: 7:00 P.M. STAFF REPORT TO THE MF PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN SUMMIT ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2020-00001 APPLICANT: Isenhart Consulting,LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 OWNERS: Vito P. and Felicity J. Cortese 11856 SW 175th Avenue Beaverton,OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, OR 97224 PROPOSAL: This proposal is to annex two properties located at 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1400 and 1300) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road WCTM 2S108AB,Tax Lots 1400 and 1300 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. BULL MOUNTAIN SUNIMIT_ANNEXATION PAGE 1 OF 12 ZCA2020-00001 SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2020-00001) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies: Goal 1.1;Goal 11.1,Policy 4;Goal 11.3,Policy 6;Goal 12;and Goal 14.2,Policies 1-4.Therefore,staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00001 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are located on the north side of SW Bull Mountain Road,west of SW 153'Avenue, and east of SW 155"' Avenue. The properties are bordered to the north, east, and west by the City of Tigard, and are bordered to the south by SW Bull Mountain Road.The properties south of SW Bull Mountain Road are part of unincorporated Washington County. Both of the subject properties are currently developed with single detached houses.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, but intends to apply for a future subdivision application after the proposed annexation becomes effective. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chanter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (scheduled for June 15, 2020), and one before City Council (scheduled for July 14, 2020). 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public`Forks, 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 May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 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. BULL MOUNTAIN SUTNI,IIT ANNEXATION PAGE 2 OF 12 ZCA2020-00001 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 April 7,2020, and notified the applicant on April 7, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for June 15,2020) and before City Council (scheduled for July 14, 2020). City staff posted public hearing notices in four public places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 BULL INfOUNT1IN SUMMIT ANNEXATION PAGE 3 OF 12 ZCA2020-00001 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 Bull Mountain 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. BULL INIOUNTAIN SUNBT IIT ANNEXATION PAGE 4 OF 12 ZCA2020-00001 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. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. 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 Bull Mountain 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 on May 28, 2020, 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; BULL MOUNTAIN SUMMIT ANNEX.ITION PAGE 5 OF 12 ZCA2020-00001 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 July 14, 2020. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00001, 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 BULL MOUNTAIN SUALMIT ANNELATI()N PAGE 6 OF 12 ZCA2020-00001 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 May 22, 2020 (Tigard City Hall,Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28,2020 and June 4,2020) prior to the June 15,2020 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 BULL INIOUNTAIN SUMMIT ANNEKNTION PAGE 7 OF 12 ZCA2020-00001 the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area,and both properties are currently served by an existing 12-inch water main in SW Bull Mountain Road.Accordingly,city water facilities have adequate capacity to continue serving the subject properties. Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Police —City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site. Fire — Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex two properties, totaling 1.8 acres in size,into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division. The subject properties front on SW Bull Mountain Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District. Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city 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. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with the policy outlined above. City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed BULL MOUNTAIN SUAITIIT ANNEIATION PAGE 8 OF 12 ZCA2020-00001 annexation area. City sewer facilities have adequate capacity to serve the subject site. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The subject properties front on SW Bull Mountain Road,which will be annexed into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District.Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 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. The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are bordered to the north, east, and west by the City of Tigard, and are bordered to the south by SW Bull Mountain Road. The properties south of SW Bull Mountain Road are part of unincorporated Washington County. Because the subject site is surrounded on three sides by the City of Tigard, this annexation will not create an"island"of unincorporated land,and it is not necessary to include the adjacent properties in this annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject 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. BULL MOUNTAIN SUMMIT ANNEXATION PAGE 9 OF 12 ZCA2020-00001 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 owners of the subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) submitted an annexation petition to the City on March 19,2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However, the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for June 15,2020) and before City Council (scheduled for July 14,2020). City staff posted public hearing notices in four public places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4,2020) prior to the June 15,2020 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. When the applicant applies for a future subdivision application, the BULL IIOUNTAIN SUN I1lIIT_ANNE-MON PAGE 10 OF 12 7.0,-2020-00001 Engineering Division will include a condition of approval for the development to extend public utilities to and through the site. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation.When the applicant applies for a future subdivision application,city staff will send a copy of the applicant's proposal to the agency for further comments. Tigard-Tualatin School District was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the agency for further comments. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will include a condition of approval for the applicant to comply with all TVF&R requirements. 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 May 21,2020.As of June 5,2020,one (1) e-mail was received from Sonna Durdel, property owner of 14262 SAY/ 155"' Terrace. Ms. Durdel expressed concerns about screening between the subject site and her property,and referenced the residential development standards in CDC Chapters 18.200 and 18.270, and the screening standards in CDC Chapter 18.420. RESPONSE: The applicant is only proposing to annex the subject site, and no physical development is proposed at this time. Therefore, the residential development standards and screening standards do not apply to this proposal. The applicable CDC standards for this annexation are outlined in Chapters 18.710 and 18.720. Attachments: Attachment 1: Zoning Map BULL MOUNTAIN 5UNIMIT ANNEXATION PAGE 11 OF 12 ZCA2020-00001 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. Opp �� ��� Mav_ 28 2020 PREPARED BY: Lina Smith Assistant Planner May 28. 2020 APPROVED BY: Tom McGuire Assistant Community Development Director BULL MOUNTAIN SUNIINIIT ANNEXATION PAGE 12 OF 12 ZCA2020-00001 f , ATTACHMENT 1 Zoning Map City of Tigard, Oregon R-7 {_ `� Generalized Zoning Categories i I Subject Site _ I Zoning Classifications El R-1 Residential Low-Density J '.i tom' , a 1� y I �" 7 0 R-2 Residential Low-Density a 1 J El R-3.5 Residential Low-Density et to •rryry^ c ER-4.5 Residential Low-Density Y .i :r1 •F El R-7 Residential Medium-Density R-12 Residential Medium-Density R-25 Residential Medium-High-Density 0R-40 Residential High-Density 1:1MUR-1 Mixed Use Residential 1 QCW r . ■MUR-2 Mixed Use Residential 2 N Tq ■MU-CBD Mixed Use Central Bus Dist in `; -' ♦ - Ra ■C-C Community Commercial qv z ,t,r , ■C-G General Commercial —Art an•Ln - I , M ;� + O C-N Neighborhood Commercial JtkY 'r' + c ■C-P Professional Commercial — A To a r n A7.0am". ..�._ „, ' x f t` tt`: e ■MUC Mixed Use Commercial yyt°:{ '• I ,. ■ MUC-1 Mixed Use Commercial l � . ■TMU Triangle Mixed Use ISParkplace Ln I � F ' W T ` c � �K agree • m r a ealar, para'rae s j- iV m a he�cohae �c n.e�iraea:o mal—h—ore, c or the as prnvaeee'here n.The C,tr or T Bard shall r 1 _ - . y... "'ha;,, • _ Ia d ' I �a<ca.ac....me�r„mem z�se o ar+ded rega�m<u or t+ S `.Ly n'l n a S t = vs p) r, . • �3 – •� s• ' 'f A u 8 t In S 1 Scale: 0.07 Miles e COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard g., 13125 SW Hall Blvd r Tigard, OR 97223 — Map Map Created: (503) 639-4171 Dekalb S1 ' -..t_ ••'1r' Bu t g u n dY S t 05119/2020 www.tigard-or.gov C01�I1�I�: �TTS A AFFIDAVIT OF MAILING9 1 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(,,)Below ® NOTICE OF Land Use Public HearinLy/Request for Comments FOR: Bull Mountain Summit Annexation ZCA2020-00001 ❑ 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 21.2020 and deposited in the United States Mail on May 21.2020 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of ,2020. OFFICIAL'STAMP EDGARDO MALDONADO NOFARY PUBLIC OREGON ,. "i CUAIMISFION Nt_a 991411 NlY COR4MISSION EXPIRES OCTCIBEH pit -'073 NOTARY PU LIC OF OREGON My Commission Expires: ld�lhe,?-3 Exhibit A REQUEST FOR COMMENTS DATE: May 21,2020 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith.Assistant Planner Phone: (503) 718-2438 Email: LinaCSnigard-or.gov ZCA2020-00001 - BULL MOUNTAIN SUMMIT ANNEXATION - REQUEST: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SSW Bull Mountain Road (WCTM 2S108AB, Tax Lots 1300 and 1400). 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: JUNE 4. 2020. You may use the space provided below or attach a separate letter to return your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if you have any questions. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact at our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: EXHIBIT A Notice of Land Use Public Hearing Quasi-judicial Annexation Bull Mountain Summit Annexation (ZCA2020-00001) May 21, 2020 Dear Neighbor, You are receiving this notice because an annexation is proposed in your neighborhood,which requires public hearings before Tigard Planning Commission and Tigard City Council. In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16,the public hearing on this application before Planning Commission will be held virtually, and it is possible that the City Council hearing may be as well. You are invited to attend the public hearings. If you wish to provide comments at a virtual public hearing, the City will provide a call-in number to receive oral testimony during the hearing. Additional information and call-in procedures will be provided on the meeting agenda. You may also submit written comments, as provided below. If you have any questions, or would like more information on this application, please contact the staff person listed below. Project Name and Bull Mountain Summit Annexation (Case No. ZCA2020-00001) Case Number: Locations: 15345 and 15395 SW Bull Mountain Road (`VCTM 2S108AB,Tax Lots 1300 and 1400) 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,June 15, 2020 Public Hearing: City Council 7:30 PM on Tuesday,July 14,2020 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: Isenhart Consulting, LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 Property Owners: Vito P. and Felicity J. Cortese 11856 SW 175`'Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, 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 presentation from city staff, open the hearing, and invite oral and written testimony. Planning City of Tigard,Community Development Department • 13125 S\X'Hall Boulevard,Tigard, Oregon 97223 Page 2 of 3 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 Zoning Map r City of Tigard, Oregon • t *¢ > R-7 f _ Generalized Zoning Categories o I � Subject Site Zoning Classifications El R-1 Residential Low-Density R-2 Residential Low-Density a r R-3.5 Residential Low-Density 0 R-4.5 Residential Low-Density C, X O R-7 Residential Medium-Density r EJ R-12 Residential Medium-Density R-25 Residential Medium-High-Density R-40 Residential High-Density — Si7 MUR-1 Mixed Use Residential 1 W g-U�L M�_' ®MUR-2 Mixed Use Residential 2 a +-� # ., { DUN 1 q f k ■MU-CBD Mixed Use Central Bus Dist 1 ■C-C Community Commercial " ` s `'? ', - `A, - •_j i ■C-G General Commercial t I en w I n D C-N Neighborhood Commercial rr, ■C-P Professional Commercial "— MUC Mixed Use Commercial N pm at n i k a>r ■MUC-1 Mixed Use Commercial 1 ■TMU Triangle Mixed Use Parkplaco Ln e. ..d troy m..... —epuara1nree Ti9are mac .-t.. .cv,t1. .1 on ".,loran.—of.ny G r dr) - Q LV = o,xrnadaw�'i an iavaro�`aw ca.c�wo r Tny.,d:nam Y.^ d 1` I' .. i.accuraues m me n1.—..,,%7. d7 reregarale::o f r Lynne St i T A u'-Din S Scales 0.07 Miles Im COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard 13125 SW Hall Blvd 7223 Tigard, Created: (503) 63994171 D•kalb Sr f C Burguedv St -_" 05/19/2020 www.tigard-or.gov EXHIBIT B City ofTigard City ofTigard Community Development Community Development ATTN: Lina Smith ATTN: Lina Smith 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 Development Services/Development Eng. Building Division/Mark VanDomelen ATTN:Joe Wisniewski Building Official (Copy on all Notices of Decision) City ofTigard City ofTigard Community Development Community Development = ATTN: Lina Smith Z ATTN: Lina Smith 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 TIGARD Tigard, OR 97223 Police Department/Julia Jewett Public Works/John Goodrich Crime Prevention Officer (Copy on all Notices of Decision) City ofTigard City ofTigard Community Development Community Development ATTN: Lina Smith ATTN: Lina Smith 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 WA Co. Dept of Land Use & Trans WA Co. Dept of Land Use & Trans Naomi Vogel-Beattie Planning and Development Services 1400 SW Walnut St MS 51 Principal Planner, Community Planning Hillsboro, OR 97123-5625 155 N First Ave, Ste 350 MS 13 Hillsboro, OR 97124 EXHIBIT B City ofTigard City ofTigard „ Community Development Community Development = ATTN: Lina Smith = ATTN: Lina Smith 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 WA Co. Dept of Land Use & Trans Comcast Cable Corp. ATTN: Current Planning Kevin Arnold 155 N First Ave, Ste 350 MS 13 11308 SW 68th Parkway Hillsboro, OR 97124 Tigard, OR 97223-9196 City ofTigard Community Development e ATTN: Lina Smith 13125 SW Hall Blvd. Tigard, OR 97223 Portland General Electric Service and Design Project Manager 2213 SW 153rd Drive Beaverton, OR 97003 a G TIGARD REQUEST FOR COMMENTS DATE: May 21,2020 TO: Per Attached FROM: Citv of Tigard Planning Division STAFF CONTACT: Lina Smith.Assistant Planner Phone: (503) 718-2438 Email: LinaCS(&tigard-or.pov ZCA2020-00001 - BULL MOUNTAIN SUMMIT ANNEXATION - REQUEST:The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB, Tax Lots 1300 and 1400). 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: TUNE 4. 2020. You may use the space provided below or attach a separate letter to return your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if you have any questions. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact at our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: Notice of Land Use Public Hearing ' Quasi-Judicial Annexation Bull Mountain Summit Annexation (ZCA2020-00001) May 21,2020 Dear Neighbor, You are receiving this notice because an annexation is proposed in your neighborhood,which requires public hearings before Tigard Planning Commission and Tigard City Council. In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16,the public hearing on this application before Planning Commission will be held virtually, and it is possible that the City Council hearing may be as well. You are invited to attend the public hearings. If you wish to provide comments at a virtual public hearing,the City will provide a call-in number to receive oral testimony during the hearing. additional information and call-in procedures will be provided on the meeting agenda. You may also submit written comments, as provided below. If you have any questions, or would like more information on this application,please contact the staff person listed below. Project Name and Bull Mountain Summit Annexation (Case No. ZCA2020-00001) Case Number: Locations: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1300 and 1400) 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,June 15,2020 Public Hearing: City Council 7:30 PM on Tuesday,July 14, 2020 Public Hearing: Attend the Virtual Hearings: ,vNvw.tigard-or.gov/city—hall/pubfic—hearings.php Submit Written Comments: E-mail: LinaCS@tigard-ongov 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: Isenhart Consulting, LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 Property Owners: Vito P. and Felicity J. Cortese 11856 SW 175"'Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, 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/pubhc—hearings.php. Hard copies of the materials, evidence, and staff report are available at a reasonable cost. Please contact the staff person listed above for more information. Public Hearing Information The Community Development Director will prepare a staff report and recommendation on this application to the Planning Commission. Planning Commission will then make a recommendation on this application to City Council. After considering all the evidence, including the Planning Commission's recommendation, applicant's materials, applicable approval criteria, and all written comments, City Council will either approve the application, approve the application with conditions, or deny the application. The decision will be mailed to the applicant, and anyone who submitted testimony. The public hearings on this application will be conducted in accordance with Tigard Community Development Code Section 18.710.100, and any rules of procedure adopted by the Tigard City Council. At the hearings, Planning Commission and City Council will receive a staff report presentation from city staff, open the hearing, and invite oral and written testimony. Planning City of Tigard,Community Development Department • 13125 SW Hall Boulevard,Tigard, Oregon 97223 Page 2of3 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 i Zoning Map City of Tigard, Oregon R-7 _ Generalized Zoning Categories ,G � M Subject Site • i . Zoning Classifications R-1 Residential Low-Density 1 :.i 1 "t 1 R-2 Residential Low-Density io 4 El R-3.5 Residential Low-Density I e D R-4.5 Residential Low-Density - Y J t O R-7 Residential Medium-Density J 0 R-12 Residential Medium-Density f t ---� ,. ) �• +t E3 R-25 Residential Medium-High-Density -J . - I R-40 Residential High-Density MUR-1 Mixed Use Residential 1 13 U 1L ■MUR-2 Mixed Use Residential 2 t- -- 7.4 ■MU-CBD Mixed Use Central Bus Dist r E N R4 ■ ' I �-- r � /-' ,�• C-C Community Commercial _:j t•. C r> „ ■C-G General Commercial " ..3 b :'. s -`3Arl*n a Ln a C C-N Neighborhood Commercial t` � r17, �� � l ■C-P Professional Commercial y i1' ' ■MUC Mixed Use Commercial Nsm � arnikc1 q 4 S'', y ■M UC-1 Mixed Use Commercial 1 .:. t11 l _ t ) __._ J + ■TMU Triangle Mixed Use -- yj r � t Parkplacw Ln a ... ) ,—� a+�'a.`y / •, r --�.^� rrJ I-- ISI I~- -�, i . " d s r f.i ,0 C' Q oar s a.r.ee aom mule ole soo rn.cry or r gars .ccy r mess o.coomer.has or any :(land :} ) ,r' ( '"• _...._.! > 1,w V = y or m.a.r.proa,e.a n... Th.oc ry 11o or Tig— r m a o aroe.e,'e q,.aieas or .LynSt •'f A u s t1r n Sy, Scale: 0.07 Miles � ! COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard r =i 13125 SW Hall Blvd - aj ,• `. Tigard, OR 97223 J r __ Map Created (503) 639-4171 Burgundy St 05/19/2020 www.tigard-or.gov Boundary Change Preliminary Review DOR 34-P795-2020 O R E G O N DEPARTMENT :;�4IOF 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ May 12, 2020 Documents received: 5/12/2020 From: Lina Smith This letter is to inform you that the Description and Map for your planned-- o City of Tigard((ZCA-2020-00001) (Bull Mtn Summit) ) in Washington County ave b I n reviewed per your request. They DO NOT MEET the requirements for use with an , ordinance, or Resolution in accordance with ORS 308.225. --Label Township, Range, Section, uarter, W.M. Washi Ron�, Oregon on the map. --Line 5 of Legal description: Add "most easterly" to the west corner in the point of beginning. --Label centerline of SW Bull Mountain Rd on ap --Line 11 of Legal description: Add'Bre states" to the call to Tract A. If you have any questions please contact Elise Bruch, Elise.A.Bruch@oregon.gov Boundary Change Preliminary Review DOR 34-P795-2020 O R E G O N DEPARTMENT �WOF 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ May 19, 2020 Documents received: 5/12/2020, 5/19/2020 From: Lina Smith This letter is to inform you that the Description and Map for your planne to City of Tigard((ZCA-2020-00001) (Bull Mtn Summit) ) in Washington County n reviewed per your request. They MEET the requirements of ORS 308.225 for use it 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 h the change will become effective. Comments for Revised documents rec'd by DOR on 5-19-2 --Line 11 of legal description: Add "....along the extension of the east line of Tract A and along the east line of Tract A...." This fix should be made and included in th version of the description. If you have any questions please contact Elise Bruch, Elise.A.Bruch@oregon.gov r C REQUEST FOR COMMENTS DATE: May 21,2020 TO: Per Attached FROM: Citv of TiLyard Planninv Division STAFF CONTACT: Lina Smith.Assistant Planner Phone: (503) 718-2438 Email: LinaCS(a�tigard-or.gov ZCA2020-00001 - BULL MOUNTAIN SUMMIT ANNEXATION - REQUEST: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB, Tax Lots 1300 and 1400). 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: TUNE 4. 2020. You may use the space provided below or attach a separate letter to return your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if you have any questions. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. _ Please contact at our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting:David C. Moore,Tigard-Tualatin School District CFO 503-431-4016 Lina Smith From: Lina Smith Sent: Thursday, May 28, 2020 7:52 AM To: 'Sonna Durdel' Subject: RE: Bull Mountain Summit Annexation (ACA2020-00001) Thank you for your e-mail. Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tieard-or.eov From:Sonna Durdel<SonnaDurdel@outlook.com> Sent:Wednesday, May 27,2020 9:37 PM To: Lina Smith <LinaCS@tigard-or.gov> Subject: Fw: Bull Mountain Summit Annexation (ACA2020-00001) Caution!This message was sent from outside your organization. Allow sender Block sender From:Sonna Durdel<Son na Du rdel@outlook.com> Sent:Wednesday, May 27,2020 9:34 PM To: LinaCS@tigard-or-gov<LinaCS@tigard-or-gov> Subject: Bull Mountain Summit Annexation (ACA2020-00001) Based on our conversation this afternoon I did some more research into the Tigard Community Development Code and found that it does address my concern for screening for adjacent property in order to soften and screen from view....reduce visual impact and to provide privacy for R-7 uses. It also specifically states screening is to be used to unify new development with existing neighborhoods. 18.200 and 18.420 18.270.0106 states as a purpose for R-7 zoning: To accommodate incremental growth in neighborhoods WHILE PRESERVING Residential QUALITY of LIFE. With R-7 zoning for the subject property that allows: mobile home parks duplexes row houses etc along with allowable structures to a height of 35 feet (that's as tall as a 3 story office building) It will have a negative visual impact and affect the privacy and quality of life for some of the existing properties in Brentwood estates. The specific properties affected are along the West property line of the subject property. They are the Brentwood Estates common area and my home Lot 1 of Brentwood Estates (WCTM 2S18AB-03900). I would like to request as part of the approval for the R-7 zone change that the City place a condition or a deed restriction on the subject property that would require when the property is developed that adequate evergreen screening will be placed along the West property line of an adequate height to screen these properties. This would also meet the goal in the Cities criteria of"to unify new development with existing neighborhood." As we noted Arborvitaes screens are used all up and down Bull Mt. and would tie together already existing evergreens. They are tall and narrow not to take up too much property. Lina if you have questions on any of the above please give me a call at 5035045851 or if you have a better suggestion for addressing my concerns. Thank you for your consideration Sonna Durdel 14262 SW 155th Terrace Also if you would like to visit my property to better visualize let me know I 'd be happy to have you come to look. z a C REQUEST FOR COMMENTS DATE: May 21,2020 TO: Per Attached FROM: City of TiLard Planning Division STAFF CONTACT: Lina Smith.Assistant Planner Phone: (503) 718-2438 Email:LinaCS(a�.tigard-or.gov ZCA2020-00001 - BULL MOUNTAIN SUMMIT ANNEXATION - REQUEST:The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB, Tax Lots 1300 and 1400). 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: JUNE 4. 2020. You may use the space provided below or attach a separate letter to return your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if you have any questions. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. Please contact at our office. Please refer to the enclosed letter or email. X Written comments provided below: EnLyineering has no objection.The proposed development will be reauired to extend public utilities to and through the site and will be a condition of approval as part of a future subdivision land use process.Engineering has provided the applicant preliminary comments rewarding the proposed subdivision development during a recent pre-application meeting., Name&Number of Person Commenting: Joe Wisniewski,Assistant City Engineer Lina Smith From: Stefanie Kouremetis Sent: Wednesday,June 3, 2020 7:24 PM To: Lina Smith Subject: RE: Request for Comments: Bull Mountain Summit Annexation Follow Up Flag: Follow up Flag Status: Flagged Thanks Lina No comments Stefanie Kouremetis Community Engagement Program Coordinator Workdays: Monday-Thursday 7:00am-5:30pm Stefanie Kouremetis Tigard Police Department _ t n"mnrty ErvP40mm°i"Tz'm LexartunaR;++ (503)718-2814 Ve o r4: elan!,z.,�ure�zr.,€tt�ar:-ar,�: 13125 SW Hall Blvd. Tigard,OR 97223 www.tigard-or.gov From: Lina Smith <LinaCS@tigard-or.gov> Sent:Thursday, May 21, 2020 11:05 AM To:Joe Wisniewski<joew@tigard-or.gov>; Mark VanDomelen<markv@tigard-or.gov>;Julia Jewett <juliaJewett@tigard-or.gov>;Stefanie Kouremetis<stefanie.kourem etis@tigard-or.gov>;John Goodrich<johng@tigard- or.gov>;John Wolff(TVFR)<john.wolff@tvfr.com> Subject: Request for Comments: Bull Mountain Summit Annexation Please see the attached request for comments for the Bull Mountain Summit Annexation at 15345 and 15395 SW Bull Mountain Road. If you have comments, please submit them to me by Thursday,June 4,2020. 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 sert or received by City of Tigard employees are subject to public record laws. If requested, e-mail 1 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 I From: Kristen Tabscott <kTabscott@prided isposal.com> Sent: Thursday,June 4, 2020 7:33 AM To: Lina Smith Subject: RE: Request for Comments: Bull Mountain Summit Annexation Follow Up Flag: Follow up Flag Status: Flagged Caution!This message was sent from outside your organization. Allow sender I Block sender Good morning, We have no comments on the annexation of the properties.We just ask we approve any future developments to the property. Have a great day! Kristen Tabscott EXECUTIVE ASSISTANT Pride Disposal&Recycling Company 503-625-6177 widedisposal.com Follow the latest Pride news: Facebook I Twitter I enewsletter From: Lina Smith<LinaCS@tigard-or.gov> Sent:Thursday, May 21, 2020 11:12 AM Subject: Request for Comments: Bull Mountain Summit Annexation Please see the request for comments for the Bull Mountain Summit Annexation at 15345 and 15395 SW Bull Mountain Road: https://tigard-mv.sharei)oint.com/:b:/g/personal/linacs tigard- or gov/ESN9oAKAVL9MvXaL8WHfkoYBfFJxdHJrFPEr6OiSnnQ-ZQ?e=Mn3GxK.The applicant does not propose any new development on the subject properties at this time. If you have comments, please submit them to me by Thursday,June 4,2020. 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 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: Thursday,June 4, 2020 8:40 AM To: Lina Smith Subject: Bull MT Summit Annexation ZCA2020-00001 Attachments: City of Tigard Bull Mt Subdivision PRE2020-00007.pdf Follow Up Flag: Follow up Flag Status: Flagged Caution!This message was sent from outside your organization. Allow sender I Block sender Lina, TVF&R has reviewed the application and has no objection to the annexation of this property. As no development is proposed at this time please refer to previous conditions submitted at pre-app in February 2020 relative to potential fire access and water supply conditions. (attached for reference) Thank you for the opportunity to review and comment on this project. John Wolff— IAAI CFI Deputy Fire Marshal John.wolff@tvfr.com 503-259-1504 i Lina Smith From: John Goodrich Sent: Tuesday,June 9, 2020 7:50 AM To: Lina Smith Subject: Bull Mountain Summit Annexation - Request for Comments Good morning Lina, Hope you are doing well,adapting to our new normal. I have been doing a combination of coming into the office two days a week, and working remotely two days. It seems to work OK for now. I reviewed the annexation request,and have no comments. Water and sewer are in place(according to our GIS and CWS information), so no problems there. Stormwater may be a different issue, but the future development will deal with that. Thanks, John John Goodrich Executive Manager City of Tigard/Public Works Department Ext. 2609 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." 1 DOR 34-2421-2020 Notice to Taxing Districts ORS 308.225 O R E G O N DEPARTMENT �IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Description and Map Approved7 Tigard OR 97223 August 10, 2020 As per ORS 308.225 ----------------------------------------------------------------- SKDescription VMap -Received from: Lina Smith On: 7/21/2020 This is to notify you that your Description and Map in Washington County for: Annex to City of Tigard ; Withdrawal from Several Districts ORD. #20-07 (ZCA 2020-00001) (Bull Mtn Summit) has been: V Approved 8/10/2020 ❑ Disapproved Notes: Department of Revenue File Number: 34-2421-2020 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 ❑Proposed Change fled 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 ❑ Establishment of Tax Zone ❑Dissolution of a district PUBLIC .N...- OTIC S e ■ City of Tigard Memorandum To: Affected City Staff From: Lina Smith,Assistant Planner Re: RECENT ANNEXATION AND CENSUS INFORMATION City of Tigard Ordinance No. 2020-07 File No. ZCA2020-00001 File Name: Bull Mountain Summit Annexation Date: August 24, 2020 The following properties were recently approved for annexation into the City of Tigard: Case Name and Bull Mountain Summit Annexation (Case No. ZCA2020- Number: 00001) Property Owners: Vito P. and Felicity J. Cortese 11856 SW 175t1' Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, OR 97224 Property Addresses and 15345 and 15395 SW Bull Mountain Road Legal Descriptions: WCTM 2S108AB, Tax Lots 1300 and 1400 Ordinance Number: 2020-07 Effective Date of August 17, 2020 Annexation: Attachment: Ordinance No. 2020-07 Copy: ZCA2020-00001 Land Use File CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20-07 AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OF-WAY, APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001), 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 he 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 June 15,2020,and Tigard City Council held a public hearing on July 14, 2020, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S108AB, Tax Lots 1300 and 1400 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 June 15,2020 and July 14,2020;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. 20-07 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' (ZCA2020-00001) 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 `dater District, Washington County Enhanced Sheriff s 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 unanimous vote of all council members present after being read by number and title only,this 14th day of July 2020. Caroline Patton,Deputy City4ecorder APPROVED: By Tigard City Council this 14th day of July .2020. Jason B. Snider,Mayor Approved as to form: City Atto ey 7/15/2020 Date ORDINANCE No. 20-07 Page 2 State of OREGON County of Washington I certify (or attest) that this is a true and correct copy of a record in the possession of the City_ of Tigard's Records division. Dated July 15,2020 Official Stamp OFFICIAL STAMP SARA CAROLINE PATTON NOTARY PUBLIC OREGON COMMISSION NO 976555 MY COMMISSION EXPIRES JULY 29.2022 Notary Public-State o regon my comm j Ssio vj R.NP res o?-2q-2D2z Document Description This certificate is attached to Ordinance No. 20-07 dated Tulv 14.2020,consisting of 2 pages. EAAERIICD Civil Engineering Land Survey �2 Land Use Planning Construction Management EXHIBIT A SHEET 1 OF 2 LEGAL DESCRIPTION FOR ANNEXING 2 TRACTS OF LAND INTO THE CITY OF TIGARD Tracts of land described in Document Numbers 2007-62034 and 2007-64398, Washington County Deed Records, situated in the Northeast 1/a of Section 8, Township 2 South, Range 1 West, W.M., Washington County, Oregon, being more particularly described as follows: Beginning at the most easterly southwest corner of Lot 2, "Brentwood Estates"; thence along the south line of said Lot 2 and its extension along the south line of Lot 2, "Wonder View Estates", S89053'27"E, 355.34 feet to the westerly right of way line of SW 153rd Avenue; thence along said westerly line, S0502547"W, 289.15 feet, to the centerline of SW Bull Mountain Road; thence along said centerline, N76°31'13"W, 18.79 feet; thence continuing along the centerline of said Bull Mountain Road, N79016'38"W, 315.98 feet; thence along the southerly extension of the east line of Tract A and along the east line of Tract "A", "Brentwood Estates" and its extension along the easterly line of Lot 1, "Brentwood Estates", N0001 1'27"E, 225.36 feet to the Point of Beginning. Containing 88,074 Square Feet. REGISTERED PROFESSIONAL LAND SURVEYOR OREN EDWARD KING PHELPS 2586 EXP/RES 12-31-20 STE. 100, 6445 S.W. Fallbrook Place • Beaverton, Oregon 97008 • 503-746-8812 I TEL • 503-639-9592 I FAX www.emeriodesign.com EXHIBIT B PROPERTY BEING SITUATED IN THE N.E. 1/4 OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 1 WEST W.M., WASHINGTON COUNTY, OREGON REGISTERED PROFESSIONAL LAND" SURVEYOR OREGON JANUARY 19, 1993 EDWARD KING PHELPS 2586 EXPIRES 12-31-20 ,f SCALE. 1" = 100' POINT OF BEGINNING LOT 2 LOT 2 "BRENTWOOD "WONDER VIEW ESTATES" ESTATES" S89 53'27"E 355.34' DOCUMENT NO. I DOCUMENT NO. M 2007-62034 2007-64398 to Lor 1 N J t ESTATES- � 88,074 SQ FT 2 TRACT "A" 3 Q "BRENTWOOD ESTATES" � th N7g CEN7E'RLIN S w S.W. BULL MOUNTA1N ROgp ... NTA/N ROAD N76 31'r3„w 18 79• �CD PROJECT NO. 308-010 DATE 3-6-2020 ANNEXATION BY. MP 64+5 SW FAUBROOK w. SUITE 100 GRAHAM COLTON SCALE T•100' BEAVERRTON, OREGON 97008 (503) 746-8812 TIGARD, OREGON SHEET NO 2 OF 2 EXHIBIT C Hearing Date:Tuly 14.2020 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE ■ CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN SUMMIT ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2020-00001 APPLICANT: Isenhart Consulting,LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 OWNERS: Vito P. and Felicity J. Cortese 11856 SW 175th Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, OR 97224 PROPOSAL: This proposal is to annex two properties located at 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1400 and 1300) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road WCTM 2S108AB,Tax Lots 1400 and 1300 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. BULL MOUNTAIN SUMMIT ANNEXATION PAGE 1 OF 12 ZCA2020-00001 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2020-00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00001 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are located on the north side of SW Bull Mountain Road,west of SW 153rd Avenue, and east of SW 155" Avenue. The properties are bordered to the north, east, and west by the City of Tigard, and are bordered to the south by SW Bull Mountain Road.The properties south of SW Bull Mountain Road are part of unincorporated Washington County. Both of the subject properties are currently developed with single detached houses.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, but intends to apply for a future subdivision application after the proposed annexation becomes effective. On June 15, 2020, Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00001). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chanter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (scheduled for June 15, 2020), and one before City Council (scheduled for July 14, 2020). 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 BULL MOUNTAIN SUMMIT ANNEXATION PAGE 2 OF 12 MA2020-00001 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. 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 April 7, 2020,and notified the applicant on April 7, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for June 15,2020) and before City Council (scheduled for July 14, 2020). City staff posted public hearing notices in four public BULL MOUNTAIN SUMMIT ANNEN TION PAGE 3 OF 12 ZCA2020-00001 places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 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 Bull Mountain 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 BULL IN1OUNTAIN SUINITNIIT ANNEXATION PAGE 4 OF 12 ZCA2020-00001 on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991, and updated in 2019, in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application.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 Bull Mountain 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 on May 28, 2020, more than 15 days prior to the public BULL MOUNTAIN SUMMIT ANNEXATION PAGE 5 OF 12 ZCA2020-00001 hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory, including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriff's Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District 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 July 14, 2020. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00001, 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 BULL:MOUNTAIN SUAITMIIT ANNEXATION PAGE 6 OF 12 ZCA2020-00001 land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29, 2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning I City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units per acre R-7 I 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject site on May 21, 2020;and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28,2020 and June 4,2020) prior to the June 15,2020 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 BULL INIOUNT SIN SUTNn,1IT_ANNEXATION PAGE 7 OF 12 ZCA2020-00001 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 adequate capacity to serve the subject site. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area,and both properties are currently served by an existing 12-inch water main in SW Bull Mountain Road.Accordingly,city water facilities have adequate capacity to continue serving the subject properties. Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site. Fire — Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex two properties, totaling 1.8 acres in size,into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division.The subject properties front on SW Bull Mountain Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District. Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city 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. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to BULL MOUNTAIN SUMMIT ANNEXATION PAGE 8 OF 12 ZCA2020-00001 receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with the policy outlined above. City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject properties front on SW Bull Mountain Road,which will be annexed into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District.Each of the subject properties is currently developed with an existing single detached house,and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 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. The subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are bordered to the north, east, and west by the City of Tigard,and are bordered to the south by SW Bull Mountain Road. The properties south of SW Bull Mountain Road are part of unincorporated BULL MOUNTAIN SUMMIT ANNEXATION PAGE 9 OF 12 ZCA2020-00001 Washington County. Because the subject site is surrounded on three sides by the City of Tigard, this annexation will not create an"island" of unincorporated land, and it is not necessary to include the adjacent properties in this annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject 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 owners of the subject properties (15345 and 15395 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) submitted an annexation petition to the City on March 19, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However, the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for June 15,2020) and before City Council (scheduled for July 14,2020). City staff posted public hearing notices in four public places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4,2020) prior to the June 15, 2020 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 BULL MOUNTAIN SUI\ii,\fIT ANNEXATION PAGE 10 OF 12 ZCA2020-00001 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. When the applicant applies for a future subdivision application, the Engineering Division will include a condition of approval for the development to extend public utilities to and through the site. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application,city staff will send a copy of the applicant's proposal to the department for further comments. Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation.When the applicant applies for a future subdivision application,city staff will send a copy of the applicant's proposal to the agency for further comments. Tigard-Tualatin School District was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the agency for further comments. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will include a condition of approval for the applicant to comply with all TVF&R requirements. 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 May 21,2020.As of June 25,2020,one(1)e-mail was received from Sonna Durdel, property owner of 14262 SW 155`' Terrace. Ms. Durdel expressed concerns about screening between the subject site and her property,and referenced the residential development standards in CDC Chapters 18.200 and 18.270,and the screening standards in CDC Chapter 18.420. RESPONSE: The applicant is only proposing to annex the subject site, and no physical development is proposed at this time. Therefore, the residential development standards and screening standards do not apply to this proposal. The applicable CDC standards for this annexation are outlined in Chapters 18.710 and 18.720. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission, Draft Minutes dated June 15,2020 BULL MOUNT SIN SUMMIT ANNE4ATION PAGE 11 OF 12 ZCA2020-00001 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. Tune 25.2020 PREPARED BY: Lina Smith Assistant Planner Tune 25.2020 APPROVED BY: Tom McGuire Assistant Community Development Director BULL MOUNTAIN SUMMIT ANNEX-ATION PAGE 12 OF 12 ZCA2020-00001 ATTACHMENT 1 ` r Zoning Map City of Tigard, Oregon y 4 r t R-7 _ Generalized Zoning Categories ! M Subject Site Zoning Classifications Y, E)R-1 Residential Low-Density } �..� ;i y •• '> El R-2 Residential Low-Density O R-3.5 Residential Low-Density :rlo �,� ; R-4.5 Residential Low-Density X .t•r.. ❑R-7 Residential Medium-Density O R-12 Residential Medium-Density 0 R-25 Residential Medium-High-Density � jy t EJ R-40 Residential High-Density ... �' � •• ,• a g w .* 0 MUR-1 Mixed Use Residential 1 ' i► �..p ' r ti 'BuILL M �1 ■ MUR-2 Mixed Use Residential 2 Uh Tq - ■MU-CBD Mixed Use Central Bus Dist } C-C Community Commercial �,. �,�,rr ■C-G General Commercial i- Arl*ne Ln 1s � ■ . .{ ElC-N Neighborhood Commercial It ■C P Professional Commercial aamarn.�k�i~,_' R 4 _ I•--jr } ' +► ,e"` ? ■MUC Mixed Use Commercial _ * „ r Y ■MUC-1 Mixed Use Commercial l -�_. ;v,.�' �,I � __} ' .x ■TMU Triangle Mixed Use t Parkplac• Ln LU I >0 ` .ate y j',� .�. l~ 'I•I Q oaea s ser Yea from muh_ soarcesome a ry er agars i 11 1•• A_ ,� Il F —^ I Q maMe^rn Y 0 esenar o r campuaranree a t T G sib ~i f rn.c Y e�n,ss oo n.iaraneas sol a�Y �.✓ I e Y `V i C = r rneae w q 'a a m n.Th,arr or rgara s a ` l „„•,,, I, I �A t m -i" I (r a a. .- I� ,naccarac me yrorm•�o�oro.ass ega�ciess or r Austin S i• Scale: 0.07 Miles PP `s COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 9 Map Created: (50 3) 639-4171 gundy St 05/19/2020 www.tigard-or.gov Dlkalb St Bur ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Minutes,June 15,2020 Location: Members Remote in via Microsoft Teams Link to virtual hearing online: httns://www.tigard-or.eov/citv hall/public hearinRs.phr). Call-in number for public testimony: 503-966-4101 Public testimony call-in time between 7:15 and 7:30 p.m. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Commissioner Quinones Commissioner Roberts Alternate Commissioner Schuck Commissioner (K7) Tiruvallur Commissioner Watson Commissioner Whitehurst joined a bit late due to technical difficulties. Absent: Alt. Commissioner Sarman Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Lina Smith,Assistant Planner; Susan Shanks, Senior Planner COMMUNICATIONS —President Feeney noted that there was an error on the call-in number for public testimony. It was correct on the Agenda; however, it had been posted on the City Website one digit off. He gave the correct number by way of correction. CONSIDER MINUTES President Feeney asked if there were any additions, deletions, or corrections to the February 3 minutes;there being none, President Feeney declared the minutes approved as submitted. PUBLIC HEARING BULL MOUNTAIN SUMMIT ANNEXATION QUASI-JUDICIAL ANNEXATION, ZCA2020-00001 June 15, 2020 Page 1 of 5 DESCRIPTION OF PROPOSAL: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1300 and 1400). QUASI-JUDICIAL HEARING STATEMENTS President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Jackson and President Feeney had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over a PowerPoint (Exhibit A). She noted that this proposal is to annex two properties located on the north side of Bull Mountain Road into the City of Tigard. The applicant is not proposing any new development on the subject properties at this time,but the applicant intends to apply for a future subdivision application after the proposed annexation becomes effective. Because this future subdivision will connect to City sewer, this annexation is first required. City staff,including the Engineering and Public Works departments reviewed the applicant's proposal and determined there are adequate facilities and services available to the subject site. Additionally, 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 (ZCA2020- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00001 to City Council. APPLICANT'S PRESENTATION Danelle Isenhart, of Isenhart Consulting,introduced herself as the applicant representing the developer of the site. She noted that she didn't have a full presentation as they agree with staff on the annexation. She told the commissioners that this annexation is the first step before the proposed subdivision,which is proposed to be about 11 lots. She said she had no other comments other than that she agrees with the staff report at this point. QUESTIONS OF THE APPLICANT—None. QUESTIONS OF STAFF June 15, 2020 Page 2 of 5 Commissioner K7 asked a clarifying question. He noted there was a large subdivision located very near the subject annexation and that he was concerned that those nearby residents had been notified of the annexation. Assistant Planner Lina said that a notice of annexation had been sent by USPS mail to all the neighbors that live within 500 feet of the site and that there was a notice posted on the site as well. She explained that the notice the City sent out only referred to the annexation (not the possible subdivision). She said the applicant could speak to them about the neighborhood meeting that they had held. Applicant Danelle Isenhart told the commissioners that they'd held a neighborhood meeting and had covered both the annexation and the subdivision at the same time to let the neighbors know that this was possibly being proposed. She noted that a number of people from the nearby development Commissioner K7 was concerned about were in attendance at that meeting. Lina added that they will mail a separate notice regarding the subdivision to the nearby neighbors if/when the application comes in. Commissioner Jackson noted, "Obviously the intention is to eventually turn these lots into a subdivision. I'm curious if for this specific annexation decision... if calling out that it was going to be subdivided in any way ties our hands in the future." Lina answered, "If you're asking if that links the applications together - for instance if we make this decision to annex, and then in the future they use the fact that the annexation report included the language of subdivision... would that set a precedent or some sort of indication that that was going to proceed —I would say no. Because there's different criteria for the subdivision application. Theoretically, they could annex and never develop —and that would be okay. But because they gave us a heads up and said they were going to apply for a subdivision application, I did just want to call that out on the public notices, but again, it would be a separate application for the actual subdivision and separate approval criteria." PUBLIC TESTIMONY President Feeney asked if there was anyone on the line waiting to testify. He was informed that there currently was no one calling in with testimony. The commission waited five minutes to give the public time to call in. No one called in. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. PUBLIC HEARING CLOSED QUESTIONS President Feeney asked if there were any questions from the commission for the applicant or staff. There were none. June 15,2020 Page 3 of 5 DELIBERATION President Feeney asked if there were any questions or clarifications internally that the commissioners would like to ask. There were none and there was no further deliberation. MOTION Vice President Hu made the following motion: "I move the Planning Commission forward a recommendation of approval to City Council of application number ZCA2020-00001 and adoption of the findings contained in the staff report." The motion was seconded by Commissioner Roberts. VOTE All in favor, none opposed: 9-0 RESULT Motion for approval CARRIES. President Feeney noted that this is scheduled to go to the City Council on July 14, 2020. BRIEFING Senior Planner Susan Shanks stated that she was there to give the commissioners a briefing on the Washington Square Regional Center Update project. The last time she had been before the commission was in October of last year. She shared her screen and went over the Washington Square Alternative Community Engagement Strategy and Maps (Exhibit B). The main points of the briefing: • Since the last project briefing in October, the city issued an RFP, selected and got a consultant team under contract, and entered into an IGA with Metro for the grant award. • The consultant team is led by ECO Northwest and includes 3J Consulting, SERA Architects,Toole Design, and Verde. • The project kickoff meeting with the consultant team occurred the week that most employees began working remotely because of COVID-19. • The project team immediately began work on an Alternative Community Engagement Strategy to address the challenges and social distancing requirements associated with COVID-19. • The project team may adjust the project schedule depending upon what we hear from the community, especially with regard to the community's ability and interest to participate in a long-range planning project. The project is currently still on schedule. June 15, 2020 Page 4 of 5 Susan noted that there is more information on the City of Tigard website located at https: tivard-or.gov/thesuuare/. She noted that there's a place on that website for the public to sign up to be on the "interested party" list should they desire to do that, and also that there was staff contact information listed there as well. She noted that she would be back with another Planning Commission briefing on this topic - likely in August or September. President Feeney thanked Susan for the presentation. He also thanked Commissioner Jamie Watson for volunteering to be on the Stakeholder Workgroup for this project. OTHER BUSINESS — Assistant Community Development Director Tom McGuire reminded the commission that there is a meeting scheduled for next month;it will be regarding the Macerich project and will be held on July 6th. He noted that the notice went out last week and that due to the anticipated high public interest, they will likely limit the staff report so that there's more time for the public to speak. ADJOURNMENT President Feeney adjourned the meeting at 8:30 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Brian Feeney June 15, 2020 Page 5 of 5 CITY OF TIGARD • e c t a n • C a r e Do the Right Thing G e t it Done w EXHIBIT A Bull Mountain Summit Annexation ZCA2020-00001 Presented to Tigard Planning Commission I June 15, 2020 Zoning Map City of Tigard, Oregon R-� Generalized Zoning Categories I ® Subject Site Zoning Classifications R-1 Resid ent is I Law-Density R-2 Resident is I Low-Density R-3.5 Residentia I low-Density R4.5 RmidentialLow-Density R-7 RWdentialMadium-Density �`- R-12 Residential Medium-Density R-25 Residential J Medium-High-Damsity R40 Residential High-D ansity MUR-1 Mixed Use Resident i al 1 Fr U L L MO MUR-2 Mixed Use Realdential 2 U N 7 ■MU-CBD Mixed Use Central Bus Dist '110 GCCommunitycommmial G6 6 en era l Comm arc al GN Neighborhood Cbmmamial ■GP Professional Commercial ■MUCMi ed Use Commercial =m.in•L ' NMUG1 Mored Usa Co rten ercial] _ TMU Triangle Mixed Use I w I _ 9s ¢ W _ H .,<...,a«un rww.e,•u M.Ma Lynne :t HJn 5 wH �r 51 0.07 Wee commomITT elvrlorMiw etraaTmimT a City of Tigard j� .. 131255/10 Hal l Blvd T igard.OR 97223 MnPCaered: (503)639-4171 St OS't 9)2Rd www.l iga rd-or.gov ■ i City of Tigard July 20, 2020 NOTICE TO AGENCIES, PUBLIC UTILITIES, ELECTRIC COOPERATIVES AND TELECOMMUNICATIONS CARRIERS OPERATING WITHIN THE CITY OF TIGARD, OREGON The following properties were recently approved for annexation into the City of Tigard: Case Name and Number: ' Bull Mountain Summit Annexation (Case No. ZCA2020-00001) Property Owners: Vito P. and Felicity J. Cortese 11856 SW 175"'Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, OR 97224 Property Addresses and 15345 and 15395 SW Bull Mountain Road Legal Descriptions: WCTM 2S108AB,Tax Lots 1300 and 1400 Ordinance Number: 2020-07 Effective Date of Upon the effective date of Ordinance No. 2020-07 (August 13, Annexation: 2020),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 properties • Surveyed map of the subject properties Please feel free to contact me at (503) 718-2438 or LinaCSa_,tigard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Enclosures Copy: ZCA2020-00001 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20-07 AN ORDINANCE ANNEXING -BX70 (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OFAWAY, APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001), 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 he 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 June 15, 2020,and Tigard City Council held a public hearing on July 14, 2020, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S108AB, Tax Lots 1300 and 1400 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 June 15,2020 and July 14,2020;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 die attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 20-07 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' (ZCA2020-00001) 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 Sheriff s 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 unanimous vote of all council members present after being read by number and title only,this 14th day of luly )2020. Caroline Patton,Deputy City-Aecorder APPROVED: By Tigard City Council this 14th day of Julys 2020. r� Jason B. Snider,Mayor Approved as to form: City Atto ey 7/15/2020 Date ORDINANCE No. 20-07 Page 2 State of OREGON County of Washington I certify (or attest) that this is a true and correct copy of a record in the possession of the City of Tigard's Records division. Dated July 15,2020 Official Stamp OFFICIAL STAMP SARA CAROLINE PATTON ' NOTARY PUBLIC OREGON r COMMISSION NO 976555 MY COMMISSION EXPIRES JULY 29.2022 Notary PubliO-State o egon My commissl'o0 00r5 o�2q-2o2� Document Descrintion "11iis certificate is attached to Ordinance No.20-07 dated July 14.2020,consisting of 2 pages. E ]" ERICD Civil Engineering Land Survey Land Use Planning Construction Management EXHIBIT A SHEET 1 OF 2 LEGAL DESCRIPTION FOR ANNEXING 2 TRACTS OF LAND INTO THE CITY OF TIGARD Tracts of land described in Document Numbers 2007-62034 and 2007-64398, Washington County Deed Records, situated in the Northeast 1/4 of Section 8, Township 2 South, Range 1 West, W.M., Washington County, Oregon, being more particularly described as follows: Beginning at the most easterly southwest corner of Lot 2, "Brentwood Estates"; thence along the south line of said Lot 2 and its extension along the south line of Lot 2, "Wonder View Estates", S89053'27"E, 355.34 feet to the westerly right of way line of SW 153rd Avenue; thence along said westerly line, S05°25'47"W, 289.15 feet, to the centerline of SW Bull Mountain Road; thence along said centerline, N76°31'1YW, 18.79 feet; thence continuing along the centerline of said Bull Mountain Road, N79016'38"W, 315.98 feet; thence along the southerly extension of the east line of Tract A and along the east line of Tract "A", "Brentwood Estates" and its extension along the easterly line of Lot 1, "Brentwood Estates", N0011 1'27"E, 225.36 feet to the Point of Beginning. Containing 88,074 Square Feet. REGISTERED PROFESSIONAL LAND SURVEYOR ON RiQEDWARD KING PHELPS 2586 EXPIRES 12—JI-20 STE. 700, 6445 S.W. Fallbrook Place • Beaverton, Oregon 97008 • 503-746-8812 I TEL • 503-639-9592 I FAX www.emeriodesign.com EXHIBIT B PROPERTY BEING SITUATED IN THE N.E. 1/4 OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 1 WEST W.M., WASHINGTON COUNTY, OREGON REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 19, 1993 EDWARD KING PHELPS 2586 EXP/RES 12-31-20 SCALE: lm = 100' POINT OF BEGINNING LOT 2 LOT 2 "BRENTWOOD "WONDER VIEW ESTATES" ESTATES" S89'53'27"E 355.34' DOCUMENT NO. I DOCUMENT NO. M 2007-62034 I 2007-64398 h LOT 1 N I 00 "BRENTWOOD N N ES TA TES" 88,C SQ FT 2 TRACT "A" C 3 Q "BRENTWOOD o ESTA TES R �h�h �0 CENERN`N79'16 8. otf/VrA MOUNrA1l lN ROAD 7631 3h►� '13"w 18 79' TIGARD PROJECT NO. 3 0 ANNEXATION BATE: 3-6--202202 0 BY: EKP 6445 SW FALLBROOK PL SUITE 100 GRAHAM COLTON SCALE: 1tiiw eEAMTON, atEOON 07008 TIGARDOREGON, (503) 746-8812 SHEET NO 2 OF 2 AFFIDAVIT OF MAILING am9 • 0 r 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 seared the following: Check Appropriatc Box(s)Mow ® NOTICE OF Land Use Decision FOR: Bull Mountain Summit annexation ZCA2020-00001 ❑ AMENDED NOTICE- Decision making body: ❑ City of Tigard Community Development Director /Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council A cope 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, July 20.2020 and deposited in the United States Mail on luly 20.2020 .postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of 4!�MWX 2020. EDGAR00 MALDONADO CO MMI iSION NO My COMMISSION FXPIRES 0C TC)DEA, NOTA RZ'P LIC OF OREGON 1\13'Commission Expires: EXHIBIT A 120 DAYS = N/A DATE FILED: July 14,2020 DATE MAILED: July 20,2020 CITY OF TIGARD Washington County, Oregon NOTICE OF DECISION BY THE CITY COUNCIL Case Number: ZCA2020-00001 (OUASI-TUDICIAL ANNEXATION) Case Name: BULL MOUNTAIN SUMMIT ANNEXATION Applicant: Danelle Isenhart. Isenhart Consulting.LLC.P.O.Box 2364.Beaverton.OR 97075 Vito P. and Felicity J. Cortese- 11856 SW 175"'Avenue.Beaverton.OR 97007 Owners: Teresa B.Hilliard. 15345 SW Bull Mountain Road.Portland.OR 97224 Addresses of Properties: 15345 and 15395 SW Bull Mountain Road Tax Map/Lot Nos.: Washington County Tax Assessor's Map 2S108AB.Tax Lots 1300 and 1400 A FINAL DECISION INCORPORATING THE FACTS, FINDINGS, AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION (ORDINANCE NO. 2020-07). 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 TUNE 15, 2020, AND UNANIMOUSLY RECOMMENDED APPROVAL TO CITY COUNCIL. THE CITY COUNCIL HELD A PUBLIC HEARING ON JULY 14. 2020. PRIOR TO MAKING A DECISION ON THIS REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS,FINDINGS,AND CONCLUSIONS CONTAINED WITHIN ORDINANCE NO. 2020-07. REQUEST:The applicant requests to annex two (2) properties into the City of Tigard.No new development is proposed at this time.LOCATION: 15345 and 15395 SW Bull Mountain Road(WCTM 2S108AB,Tax Lots 1300 and 1400).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 ❑ Denial FINAL DECISION: THIS IS THE FINAL DECISION OF THE CITY,AND IS EFFECTIVE UPON THE EFFECTIVE DATE OF ORDINANCE NO. 2020-07 (AUGUST 13,2020),AND FILING WITH THE OREGON SECRETARY OF STATE. The adopted ordinance and findings of facts can be obtained from Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard,OR 97223,by calling at (503) 718-2438,or by e-mail to LinaCSna,tigard- or.gov. APPEAL: A review of this decision may be obtained by filing a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA),according to their procedures within 21 days after this decision becomes final.The deadline to file a Notice of Intent to Appeal with LUBA is August 4,2020. 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 LinaCSaa,tivard-or.eov. .R ' ' Zoning M a p z x �'� >�► r .► City of Tigard, Oregon ,. . i —Erx Generalized Zoning Categories -%• M Subject Site Zoning Classifications E �R-1 Residential Low Density I]R-2 Residential Low-Density to r } 1 R-3.5 Residential Low-Density El R-4.5 Residential Low-Density E)R-7 Residential Medium Density El R-12 Residential Medium-Density M` 140 El R-25 Residential Medium-High-Density t f - « t ,4.-_"i # El R-40 Residential High-Density El MUR-1 Mixed Use Residential 1 -- + �L L ■MUR-2 Mixed Use Residential 2 eV Vi ~~- U_N�Tq f - ■MU-CBD Mixed Use Central Bus Dist in ¢r f_ ■C-C Community Commercial Y�l ( .- ■C-G General Commercial _AtIena Ln 4 r a C-N Neighborhood Commercial .�•. ' - .; , ,��`, � � ■C-PProfessional Commercial al MUC Mixed Use Commercial Nmarn _"«"T ■MUC-1 Mixed Use Commercial 1 a ,t� _—_. - . "____ ■TMU Triangle Mixed Use Parkplaco Ln ...A__.J i C O oI a.e der.ed nom mui�pie soa The C ty oT ga k e Y m a ma g a a ,y some pparag eaf ,,rtl �,••„•„t Y Y• _ Q Z ort eeda,o p gv,dad ner Tn c y gr T gard a aug J } "•,7 a: ' ♦ Pl,�� _ ; {+ 0.�,�0".. _ ga c<vac es^aeem nowm�apsee rg.dee Lya�e e ZLX ynne St ( � „gr 11 , } ¢- * � l -x• AU9titt S � _ Scale: 0.07 Miles COMMUNITY DEVELOPMENT DEPARTMENT OIL6 City of Tigard 1� - ��': • 13125 SW Hall Blvd Tigard, OR 97223 Map Created, (503) 639-4171 Wit' • "� �� —Y Burgundy St—�` i—_� 05/19/2020 www.tigard-or.gov CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20-07 AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OF-WAY, APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001), 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 he 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 June 15, 2020,and Tigard City Council held a public hearing on July 14, 2020, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S108AB, Tax Lots 1300 and 1400 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 June 15,2020 and July 14,2020;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 CI'T'Y 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. 20-07 Page 1 from the Tigard Nater District,Washington County Enhanced Sheriff s Patrol District,and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council' (ZCA2020-00001) 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 unanimous vote of all council members present after being read by number and title only,this 14th day of July .2020. Caroline Patton,Deputy City4ecorder APPROVED: By Tigard Cite Council this 14th day ofTulyy .2020. Jason B. Snider,Mayor Approved as to form: City Atto ey 7/15/2020 Date ORDINANCE No. 20-07 Page 2 State of OREGON County of Washington I certify (or attest) that this is a true and correct copy of a record in the possession of the City of Tigard Records division. Dated:July 15,2020 Official Stamp OFFICIAL STAMP SARA CAROLINE PATTON NOTARY PUBLIC OREGON COMMISSION NO 976555 MY COMMISSION EXPIRES JULY 29,2022 Notary Public-State o regon my cornmisSOVI fifes 0?-2q-2o2z Document Description This certificate is attached to Ordinance No. 20-07 dated July 14.2020,consisting of 2 pages. El" ETUCD Civil Engineering Land Survey Land Use Planning Construction Management EXHIBIT A SHEET 1 OF 2 LEGAL DESCRIPTION FOR ANNEXING 2 TRACTS OF LAND INTO THE CITY OF TIGARD Tracts of land described in Document Numbers 2007-62034 and 2007-64398, Washington County Deed Records, situated in the Northeast 1/4 of Section 8, Township 2 South, Range 1 West, W.M., Washington County, Oregon, being more particularly described as follows: Beginning at the most easterly southwest corner of Lot 2, "Brentwood Estates"; thence along the south line of said Lot 2 and its extension along the south line of Lot 2, "Wonder View Estates", S89053'27"E, 355.34 feet to the westerly right of way line of SW 153`d Avenue;thence along said westerly line, S05025'47"W, 289.15 feet, to the centerline of SW Bull Mountain Road; thence along said centerline, N76031'13"W, 18.79 feet; thence continuing along the centerline of said Bull Mountain Road, N79016'38"W, 315.98 feet; thence along the southerly extension of the east line of Tract A and along the east line of Tract "A", "Brentwood Estates" and its extension along the easterly line of Lot 1, "Brentwood Estates", N0001 1'27"E, 225.36 feet to the Point of Beginning. Containing 88,074 Square Feet. REGISTERED PROFESSIONAL LAND S RVEYOR OREG N EDWARD KING PHELPS 2586 EXPIRES 12-31-20 STE. 100, 6445 S.W. Fallbrook Place • Beaverton, Oregon 97008 • 503-746-8812 I TEL • 503-639-9592 I FAX www.emeriodesign.com EXHIBIT B PROPERTY BEING SITUATED IN THE N.E. 1/4 OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 1 WEST W.M., WASHINGTON COUNTY, OREGON REGISTERED PROFESSIONAL LAND SURVEYOR E OR15GON JANUARY 19, 1993 EDWARD KING PHELPS 2588 EXP/RES 12-31-20 SCALE. 1" = 100' POINT OF BEGINNING LOT 2 LOT 2 "BRENTWOOD "WONDER VIEW ESTATES" ESTATES" S89 53'27"E 355.34' DOCUMENT NO. I DOCUMENT NO. 2007-62034 2007-64398 h LOT 1 N 0 I 'BRENTWOOD N N ESTATES" 88,074 SQ FT 2 I TRACT "A" "BRENTWOOD n ESTATES" Z c� RCrNN79�s'38 0E OF S "w S, 98, W. BUIL M BUL~~M`T'ArN RO OL/NTA/N ROAD A0 N76'31,1.3-W'13"W 18 79' D TIWD PROJECT NO. 308-M DATE 3-6-2020 ANNEXATION BY: EKP 8445 SW FALLBROOK PL SLATE 100 GRAHAM COLTON SCALE: raw BEAVERTON, OREGON 97008 (503) 746-8812 TIGARD, OREGON SHEET NO 2 OF 2 EXHIBIT C Hearing Date:Tuly 14.2020 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON ' 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN SUMMIT ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2020-00001 APPLICANT: Isenhart Consulting,LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 OWNERS: Vito P. and Felicity J. Cortese 11856 SAX' 175th Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 S\V Bull Mountain Road Portland, OR 97224 PROPOSAL: This proposal is to annex two properties located at 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1400 and 1300) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 15345 and 15395 S\X'Bull Mountain Road WCI'M 2S108AB,Tax Lots 1400 and 1300 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. BULL MOUNTAIN SUN1`111'ANNEI.�TION PAGE 1 OF 12 ZCA2020-00001 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2020-00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2020-00001 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (15345 and 15395 SW Bull Mountain Road; `UCTM 2S108AB, Tax Lots 1400 and 1300) are located on the north side of SW Bull Mountain Road,west of S\X' 153"' Avenue, and east of SNX,' 155"' Avenue. The properties are bordered to the north, east, and west by the City of'Tigard, and are bordered to the south by SW Bull Mountain Road.The properties south of SNy7 Bull Mountain Road are part of unincorporated Washington County. Both of the subject properties are currently developed with single detached houses. 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, but intends to apply for a future subdivision application after the proposed annexation becomes effective. On June 15, 2020, Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2020-00001). No public testimony was received at the hearing. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: Oregon Revised Statutes Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chanter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (scheduled for June 15, 2020), and one before City Council (scheduled for July 14, 2020). 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 May 22, 2020 ("Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on May 21, 2020;and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 BULL MOUNTAIN SUM;�fIT_ANNEXATION PAGE 2 OF 12 ZCA2020-00001 public hearing before the Planning Commission. Cite staff also posted the public hearing information on the City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the public hearing before Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexation applications are processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. This application is for a quasi-judicial annexation, and is being processed through a 'Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 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 April 7, 2020, and notified the applicant on April 7, 2020 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for June 15, 2020) and before City Council (scheduled for July 14, 2020). City staff posted public hearing notices in four public BUIL MOUNTAIN StJT\INIIT.-1NNEXATION 11_NGE 3 OF 12 ZCA2020-00001 places on May 22, 2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site); city staff mailed public hearing notices to all necessary parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 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`Tater Services. SW Bull Mountain 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 BULL MOUNTAIN SUMMIT ANNEXATION PAGE 4 OF 12 ZCA2020-00001 on public facilities and services; The City of Tigard Public Facility Plan was originally adopted in 1991, and updated in 2019, in compliance with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. 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 Bull Mountain 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 'TSD 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 on May 28, 2020, more than 15 days prior to the public BULL'MOUNT UN SUNINIIT ANNEZ.ITION PAGE 5 OF 12 ZCA2020-00001 hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation site,and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County's Enhanced Sheriff's Patrol District and Urban Road Maintenance District upon completion of this annexation request.The subject site will also be withdrawn from the Tigard Water District 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 July 14, 2020. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2020-00001, 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 BULL MOUNTAIN SUMMIT ANNEXATION PAGE G OF 12 ZCA2020-00001 land that carries county designations,the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations.A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29,2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS 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 May 22, 2020 (Tigard City Hall, Tigard Permit Center, Tigard Public`Yorks, 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 May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28,2020 and lune 4,2020) prior to the June 15,2020 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 BULL MOUNT.UN SUMMIT ANNEIATION PAGE 7 OF 12 ZCA2020-00001 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 adequate capacity to serve the subject site. Water — City of Tigard Public Works Department. The two subject properties are located within the Tigard`Vater Service area,and both properties are currently served by an existing 12-inch water main in SW Bull Mountain Road.Accordingly,city water facilities have adequate capacity to continue serving the subject properties. Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Police —City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject properties. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site. Fire — Tualatin Valley Fire and Rescue. The subject properties are located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. Parks — City of Tigard Public Works Department. The applicant proposes to annex two properties, totaling 1.8 acres in size,into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the City's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division. The subject properties front on SSV Bull Mountain Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District. Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater service at this time. However, city 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. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to BULL MOUNTAIN SUMANT ANNEXATION PAGE 8 OF 12 ZCA2020-00001 receiving wastewater services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer for a future subdivision application. This is consistent with the policy outlined above. City sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to serve the proposed annexation area. City sewer facilities have adequate capacity to serve the subject site. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The subject properties front on Syy' Bull Mountain Road,which will be annexed into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject properties will be withdrawn from the Washington County Urban Road Maintenance District.Each of the subject properties is currently developed with an existing single detached house, and it is not anticipated that this annexation will generate additional traffic, or negatively impact the City's existing transportation system. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 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. The subject properties (15345 and 15395 SNC' Bull Mountain Road; WCTM 2S108AB, Tax Lots 1400 and 1300) are bordered to the north, east, and west by the City of Tigard, and are bordered to the south by SSV Bull Mountain Road. The properties south of S\X' Bull Mountain Road are part of unincorporated BULL\IOUNT.IIN tiU�I�fIT_1NNE\ATION PAGE 9 OF 12 ZCA2020-00001 Washington County. Because the subject site is surrounded on three sides by the City of Tigard, this annexation will not create an "island"of unincorporated land, and it is not necessary to include the adjacent properties in this annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject 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 owners of the subject properties (15345 and 15395 SNXI Bull Mountain Road; NVCTM 2S108AB, Tax Lots 1.100 and 1300) submitted an annexation petition to the City on March 19, 2020. Additionally, the City of Tigard Charter does not expressly require the City to submit a proposal for annexation of territory to the electors of the City for their approval or rejection. Therefore, an election is not required for this annexation application. However, the City is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (scheduled for June 15,2020) and before City Council (scheduled for July 14,2020). Cite staff posted public hearing notices in four public places on May 22,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works, and at the subject site); city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on May 21, 2020; and the City published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on May 28, 2020 and June 4, 2020) prior to the June 15, 2020 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 BULL 1\1OUNTAIN SU:N1:NIIT ANNESATION PAGE 10 OF 12 ZCA2020-00001 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. When the applicant applies for a future subdivision application, the Engineering Division will include a condition of approval for the development to extend public utilities to and through the site. The City of Tigard Police Department was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. The City of Tigard Public Works Department was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the department for further comments. Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application,city staff will send a copy of the applicant's proposal to the agency for further comments. Tigard-Tualatin School District was sent a copy of the applicant's proposal,and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will send a copy of the applicant's proposal to the agency for further comments. Tualatin Valley Fire and Rescue was sent a cope of the applicant's proposal, and had no objections to the proposed annexation. When the applicant applies for a future subdivision application, city staff will include a condition of approval for the applicant to comply with all TVF&R requirements. 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 May 21,2020.As of June 25,2020,one(1) e-mail was received from Sonna Durdel, property owner of 14262 S\`' 155`x' Terrace. his. Durdel expressed concerns about screening between the subject site and her property,and referenced the residential development standards in CDC Chapters 18.200 and 18 270,and the screening standards in CDC Chapter 18.420. RESPONSE: The applicant is only proposing to annex the subject site, and no physical development is proposed at this time. Therefore, the residential development standards and screening standards do not apply to this proposal. The applicable CDC standards for this annexation are outlined in Chapters 18.710 and 18.720. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated June 15, 2020 BULL,INIOUNTAIN SUNIN11T ANNEXATION PAGE 11 OF 12 ZCA2020-00001 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. June 25.2020 PREPARED BY: Lina Smith Assistant Planner Tune 25.2020 APPROVED BY: Tom McGuire Assistant Community Development Director BULL MOUNTAIN SUMMIT ANNEXATION PAGE 12 OF 12 ZCA2020-00001 ATTACHMENT 1 Zoning Map - City of Tigard, Oregon q j > R-7a, w Generalized Zoning Categories dSubject Site _ Zoning Classifications ❑R-1 Residential Low-Density ❑R-2 Residential Low-Density ❑R-3.5 Residential Low-Density ❑ R-4.5 Residential Low-Density Y - �� ❑R-7 Residential Medium-Density ❑ R-12 Residential Medium-Density ❑R-25 Residential ^+' T �, / �� r'- __ - _____ - tr ♦ ., Medium-High-Density t j- I - 5 f` t-• _• ❑ R-40 Residential High-Density - • El MUR-1 Mixed Use Residential 1 r - (yam C w_S�- ■MUR-2 Mixed Use Residential 2 -- -• - w ---_N T q f ■MU-CBD Mixed Use Central Bus Dist y _ ■C-C Community Commercial ■C-G General Commercial _ {• ". z —Ari en a 1.n1:1t C-N Neighborhood Commercial I' fl f _ +' r I ■C-P Professional Commercial - ' '�'` ---— e y `+f j ■MUC Mixed Use Commercial N.emarnik-Dr —Tr.. ■MUC 1 Mixed Use Commercial 1 . _ ! t - ■TMU Triangle Mixed Use Parkplac y•, _ 3 . e Ln _ 7 fa r} ' }lr� l F ,`•�{ - rJ O D41 ata s ee.vea r m muwPle souse Tne c.tr or T 9xre 'T ,.y1. 9 { ' ma ea,•.o wara�tr more:nntae�on5 r paaran,aa as< Ji i i 'e Y +„ thetnt,accuracy,t me,nass or c oor nny llr i w � h r.�•.v � �,P �1 (�` of 1I:eaAnta P vreetl M1erern The City t T,9.re shall V - � _ .., p I ll� n,, F•' :,accorac es r oche nmrvmatuosea°:o�eee.ya°aiea or ca �. :o Lyst < I �� ' t °4a.a r• 44y� . r" M Ay S to R S 1 k Scale: 0.07 Miles f x _ .. ffff -e, •� e,a `;'3 R r �''a D .. -- �. J COMMUNITY DEVELOPMENT DEPARTMENT W x � � :.._tee" .Y,....r..�..y....v......« .3. i'.. e0tt4 * ,.. �r+ .1 tN� -i ,` 4 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Map Created* (50 3) 639-4171 Dekatb Stv �� x -• ''^ Butgundv St 05/19/2020 www.tigard-or.gov ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Minutes,June 15,2020 Location: Members Remote in via Microsoft Teams Link to virtual hearing online: https://www.tipard-or.Rov/city hall/public hearinizs.php Call-in number for public testimony: 503-966-4101 Public testimony call-in time between 7:15 and 7:30 p.m. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Commissioner Quinones Commissioner Roberts Alternate Commissioner Schuck Commissioner (K7) Tiruvallur Commissioner Watson Commissioner Whitehurst joined a bit late due to technical difficulties. Absent: Alt. Commissioner Sarman Staff Present: Tom 1\1cGuire,assistant Community Development Director; Doreen Laughlin, Executive Assistant; Lina Smith,assistant Planner; Susan Shanks, Senior Planner COMMUNICATIONS —President Feeney noted that there was an error on the call-in number for public testimony. It was correct on the Agenda; however,it had been posted on the City Website one digit off. He gave the correct number by way of correction. CONSIDER MINUTES President Feeney asked if there were any additions, deletions, or corrections to the February 3 minutes; there being none, President Feeney declared the minutes approved as submitted. PUBLIC HEARING BULL MOUNTAIN SUMMIT ANNEXATION QUASI-JUDICIAL ANNEXATION,ZCA2020-00001 June 15,2020 Page 1 of 5 DESCRIPTION OF PROPOSAL: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1300 and 1400). QUASI-JUDICIAL HEARING STATEMENTS President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Jackson and President Feeney had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over a PowerPoint (Exhibit A). She noted that this proposal is to annex two properties located on the north side of Bull Mountain Road into the City of Tigard. The applicant is not proposing any new development on the subject properties at this time, but the applicant intends to apply for a future subdivision application after the proposed annexation becomes effective. Because this future subdivision will connect to City sewer, this annexation is first required. City staff, including the Engineering and Public Works departments reviewed the applicant's proposal and determined there are adequate facilities and services available to the subject site. Additionally, 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 (ZCA2020- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14 2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2020-00001 to City Council. APPLICANT'S PRESENTATION Danelle Isenhart, of Isenhart Consulting, introduced herself as the applicant representing the developer of the site. She noted that she didn't have a full presentation as they agree with staff on the annexation. She told the commissioners that this annexation is the first step before the proposed subdivision,which is proposed to be about 11 lots. She said she had no other comments other than that she agrees with the staff report at this point. QUESTIONS OF THE APPLICANT—None. QUESTIONS OF STAFF June 15, 2020 Page 2 of 5 Commissioner K7 asked a clarifying question. He noted there was a large subdivision located very near the subject annexation and that he was concerned that those nearby residents had been notified of the annexation. Assistant Planner Lina said that a notice of annexation had been sent by USPS mail to all the neighbors that live within 500 feet of the site and that there was a notice posted on the site as well. She explained that the notice the City sent out only referred to the annexation (not the possible subdivision). She said the applicant could speak to them about the neighborhood meeting that they had held. Applicant Danelle Isenhart told the commissioners that they'd held a neighborhood meeting and had covered both the annexation and the subdivision at the same time to let the neighbors know that this was possibly being proposed. She noted that a number of people from the nearby development Commissioner K7 was concerned about were in attendance at that meeting. Lina added that they will mail a separate notice regarding the subdivision to the nearby neighbors if/-,vhen the application comes in. Commissioner Jackson noted, "Obviously the intention is to eventually turn these lots into a subdivision. I'm curious if for this specific annexation decision... if calling out that it was going to be subdivided in any way ties our hands in the future." Lina answered, "If you're asking if that links the applications together - for instance if we make this decision to annex, and then in the future they use the fact that the annexation report included the language of subdivision... would that set a precedent or some sort of indication that that was going to proceed —I would say no. Because there's different criteria for the subdivision application. Theoretically, they could annex and never develop —and that would be okay. But because they gave us a heads up and said they were going to apply for a subdivision application, I did just want to call that out on the public notices, but again, it would be a separate application for the actual subdivision and separate approval criteria." PUBLIC TESTIMONY President Feeney asked if there was anyone on the line waiting to testify. He was informed that there currently was no one calling in with testimony. The commission waited five minutes to give the public time to call in. No one called in. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION— None. PUBLIC HEARING CLOSED QUESTIONS President Feeney asked if there were any questions from the commission for the applicant or staff. There were none. June 15, 2020 Page 3 of 5 DELIBERATION President Feeney asked if there were any questions or clarifications internally that the commissioners would like to ask. There were none and there was no further deliberation. MOTION Vice President Hu made the following motion: "I move the Planning Commission forward a recommendation of approval to City Council of application number ZCA2020-00001 and adoption of the findings contained in the staff report." The motion was seconded by Commissioner Roberts. VOTE All in favor, none opposed: 9-0 RESULT Motion for approval CARRIES. President Feeney noted that this is scheduled to go to the City Council on July 14, 2020. BRIEFING Senior Planner Susan Shanks stated that she was there to give the commissioners a briefing on the Washington Square Regional Center Update project. The last time she had been before the commission was in October of last year. She shared her screen and went over the Washington Square Alternative Community Engagement Strategy and Maps (Exhibit B). The main points of the briefing: • Since the last project briefing in October, the city issued an RFP, selected and got a consultant team under contract, and entered into an IGA with Metro for the grant award. • The consultant team is led by ECO Northwest and includes 3J Consulting, SERA Architects,Toole Design, and Verde. • The project kickoff meeting with the consultant team occurred the week that most employees began working remotely because of COVID49. • The project team immediately began work on an Alternative Community Engagement Strategy to address the challenges and social distancing requirements associated with COVID-19. • The project team may adjust the project schedule depending upon what we hear from the community, especially with regard to the community's ability and interest to participate in a long-range planning project. The project is currently still on schedule. June 15, 2020 Page 4 of 5 Susan noted that there is more information on the City of Tigard website located at https://www.tigard-or.gov/thesquare/. She noted that there's a place on that website for the public to sign up to be on the "interested party" list should they desire to do that, and also that there was staff contact information listed there as well. She noted that she would be back with another Planning Commission briefing on this topic - likely in August or September. President Feeney thanked Susan for the presentation. He also thanked Commissioner Jamie Watson for volunteering to be on the Stakeholder Workgroup for this project. OTHER BUSINESS — Assistant Community Development Director Tom McGuire reminded the commission that there is a meeting scheduled for next month;it will be regarding the Macerich project and will be held on July 6th. He noted that the notice went out last week and that due to the anticipated high public interest, they will likely limit the staff report so that there's more time for the public to speak. ADJOURNMENT President Feeney adjourned the meeting at 8:30 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Brian Feeney June 15,2020 Page 5 of 5 CITY OF TIGARD Respect and Care Do the Right Thing G e t it Done ■ EXHIBIT A Bull Mountain Summit Annexation ZCA2020-00001 Presented to Tigard Planning Commission I June 15, 2020 Loning Map City of Tigard, Oregon P-' - Generalized Zoning Categories ® Subject Site Zoning Classifications 8-1 Residential Law-Densey R•2 Resitl ential Law-Densky e R-3.5 Rasid lem is I Low-D ensky R4.S Resid altt is l Low-Denshy 1 R-7 ResidentielMetlium Oensky R-12Rwidwtial Medium-Density R-25 Residential Medium-Hjgh-Density J"7 jT R40ResidentialHgh-D ens2y MUR-1 Mued Use Residential l S 1" ah W �tl r-C rH MUR-2 Mued Use Residenti alt - ■MU-CID Mixed Use Cemct raiBus Di d qt GCCommunky Cammersltl _ ■C.D 13..V ll Camerc 4 ml C-N Neighborhood Lbmmerclal ��_---_ —x�'°` ■GP Pm}essbnal Cbmmerclel N.�m arnik�r ■MUC Muetl Use Cammertlal MUG1 Mued Use Cammemiall TMU Triangle Mued Use rE m iia -4V `. 4^,-..iCt .•_..i L _n_e 5tl ..,....a.. y ... .......« « .a r 2, i Tfi A$ Nil.a ] I . ' J - OrYF NT eF rI11TNINT - .. - Cily of Tigard a 1 Is �y .� t 13125 SW Ha 11 BNd 'Aw1 + .._._ z x { } _..:.• -� 1, "t 1.: Tigard.OR 97223 �. ....r A Neacmem 1503)639.4171 - D°k s�lb St �l / ,., Burau ndv St_- _. g gov OVISV2020 www i and-o r. EXHIBIT B City ofTigard City ofTigard Community Development w Community Development ATTN: Lina Smith I= ATTN: Lina Smith 13125 SW Hall Blvd. 13125 SW Hall Blvd. TIGARD Tigard, OR 97223 Tigard, OR 97223 ISENHART CONSULTING, LLC KEMMER RIDGE, LLC ATTN: DANELLE ISENHART ATTN: GRAHAM COLTON P.O. BOX 2364 8030 SW 8TH AVE BEAVERTON, OR 97075 PORTLAND, OR 97219 City ofTigard City ofTigard Community Development Community Development ATTN: Lina Smith li ATTN: Lina Smith 13125 SW Hall Blvd. 13125 SW Hall Blvd. TIGARD Tigard, OR 97223 Tigard, OR 97223 VITO & FELICITY CORTESE TERESA HILLIARD 11856 SW 175TH AVE 1415 LOVELAND MADEIRA RD,APT 5 BEAVERTON, OR 97007 LOVELAND, OH 45140 City ofTigard Community Development Is ATTN: Lina Smith 13125 SW Hall Blvd. Tigard, OR 97223 DURDEL, SONNA M LIVING TRUST 14845 SW MURRAY SCHOLLS DR STE 110 PMB 329 BEAVERTON, OR 97007 AFFIDAVIT OF POSTING NOTICE City of Tigard e Planning Division = 13125 SW Hall Boulevard Tigard, OR 97223 In the Matter of a Quasi-Judicial Annexation,processed through a Type III-Modified Procedure: Land Use File No.: ZCA2020-00001 Land Use File Name: BULL MOUNTAIN SUMMIT 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 Citv Hall.Tigard Permit Center.Tigard Public Works.and 15345 and 15395 SW Bull Mountain Road.a copy of said notice being hereto attached and by reference made a part hereof, on the 22"d day of May 2020. Signature of Person Who Performed Posting Jn the presence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the .20 day of l_70Y?llalw .20,2/ . _OFFICIAL STAMP EDGARDO MALDONADO h NOTARY PUBLIC OREGON COMMISSION NO 991417 `9 MY COA4MISSICIN EXPIRES OCTOBER Ot 2023 NOTARY PUBLI OF OREGON My Commission xpires: `01/1,2d2,3 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,June 15, 2020. Tigard City Council will conduct a public hearing on this application beginning at 7:30 p.m. on Tuesday,July 14, 2020. Attend the Virtual Hearings: www.tigard-or.gov/city_haU/pubhc_hean*ngs.php - BULL MOUNTAIN SUMMIT ANNEXATION - QUASI JUDICIAL ANNEXATION CASE NO. ZCA2020-00001 REQUEST: The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB, Tax Lots 1300 and 1400). 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_haU/pubhc_hean*ngs.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. AFFIDAVIT OF MAILING 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: ((;heck Appropnatc&»(s)Belo ® NOTICE OF Land Use Public Hearing FOR: Bull Mountain Summit Annexation ZCA2020-00001 ❑ AMENDED NOTICE- Decision malting 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 hst(s),marked Exhibit "B",and by reference made a part hereof, May 21.2020 and deposited in the United States Mail on May 21.2020 .postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of 52020. OFFICIAL STAMP 1 EDGARDO MALDONADO 5C t)z) N )FARY PUBLIC OREGON Cg COMMISSION NO 991417 MY CO %MISSION EXPIRES OCTOBER 0! 2023 NOTARY PUB/C OF OREGON My Commission Expires: 1010'(1,702-3 EXHIBIT A Notice of Land Use Public Hearing • Quasi-judicial Annexation ' Bull Mountain Summit Annexation (ZCA2020-00001) May 21, 2020 Dear Neighbor, You are receiving this notice because an annexation is proposed in your neighborhood,which requires public hearings before Tigard Planning Commission and Tigard City Council. In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16,the public hearing on this application before Planning Commission will be held virtually, and it is possible that the City Council hearing may be as well. You are invited to attend the public hearings. If you wish to provide comments at a virtual public hearing, the City will provide a call-in number to receive oral testimony during the hearing. Additional information and call-in procedures will be provided on the meeting agenda. You may also submit written comments, as provided below. If you have any questions, or would like more information on this application, please contact the staff person listed below. Project Name and Bull Mountain Summit Annexation (Case No. ZCA2020-00001) Case Number: Locations: 15345 and 15395 SW Bull Mountain Road (WCTM 2S108AB,Tax Lots 1300 and 1400) 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,June 15,2020 Public Hearing: City Council 7:30 PM on Tuesday, July 14,2020 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: Isenhart Consulting,LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 Property Owners: Vito P. and Felicity J. Cortese 11856 SW 175`'Avenue Beaverton, OR 97007 Teresa B. Hilliard 15345 SW Bull Mountain Road Portland, 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 presentation from city staff, open the hearing, and invite oral and written testimony. Planning City of Tigard,Community Development Department • 13125 S`X'Hall Boulevard,Tigard, Oregon 97223 Page 2 of 3 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 f a lk ° x Zoning Map City of Tigard, Oregon v Generalized Zoning Categories O M Subject Site I Zoning Classifications ' ❑ R-1 Residential Low-Density 13 R-2 Residential Low-Density r — O R-3.5 Residential Low-Density a - n O R-4.5 Residential Low-Density X i El R-7 Residential Medium-Density O R-12 Residential Medium-Density El R-25 Residential Medium-High-Density I I]R-40 Residential High-Density �. . MUR-1 Mixed Use Residential 1 @ V C O` ■MUR-2 Mixed Use Residential 2 -U N_ T ■MU-CBD Mixed Use Central Bus Dist a' ' - R n ■C-C Community Commercial ■C-G General Commercial __.___Arlen. I n t E3 C-N Neighborhood Commercial r� 0 C-P Professional Commercial ■MUC Mixed Use Commercial —+—tN-em at n ik pr + ■MUC-1 Mixed Use Commercial 1 r t- r $� t ■TMU Triangle Mixed Use I Pnrlrplir. Ln ' It ~ W` .a s F- �W momei<soarcaa rna-y or ny1. wa.,amy ,av,aaem T, o m .a. a ,1 y i m I ma r m ac co,ecv h, Deas or oo a ana o,any 4 } `� � - r y •, C! = naoc.rac d ezvro.eea narem rnancuy r nyare anau +f •'"�".' Q�`a Q d nein�'r�ro mss o�r ,aea r nz.eies:or Ly,nneSt i uta 7F aaaame ne� r a Scale: 0.07 Miles j i + COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard rR f' ~''`. 1 .• i• 131SW Hall Blvd _. Tigard, OR 97223 ' - --' - Akk _____"__ Map Created: (50 3) 639-4171 ��kalb St Burgundy St o5nsnozo www.tigard-or.gov i EXHIBIT B 2S108AB02200 2S108AB02000 AI-ANSARI,ALI _\LBARGHOUTHI,REE\L-�T \IOH.\\I\IED,NASRIN BARGHOUTHI,AZE\M A 14429 SV'153RD AVE ALB_1RGHOUTI,jA\LA�L TIGARD,OR 97224 14401 SW 153RD AVE TIG_\RD,OR 97224 multiple ATTN:DONNY LEE _\LDERTON,CHARLOTTE_ANNE CHRISTI SECTOR HOUSING OFFICER EXE\1PT TRUST 2185 SE 12TH PLACE -1LDERTON,DEAN NVILLI.\\M.ALLEN EX WARRENTON,OR 97146 14705 SE 84TH ST NEW'CASTLE,WA 98059 2SI08BA04900 BEILKE,SUSAN BARRETT-ALBRECHT FAMILYTRUST 11755 SW 114TH PLACE BY ALBRECHT,\LIRGIT TIGARD,OR 97223 15655 SW ROSI-L,K RD TIG_-1RD,OR 97224 2S108AB03500 2S108AB01904 BELOKAR KALIT\LIVING TRUST BOUGHTON,STEPHEN C LIVING TRUST BY BELOKAR,_\BHISHEK& BY BOUGHTON,STEPHEN CTR KALIT_ ,:\LAINU TRS 15210 SW BULL\MOUNT AIN RD 14424 SW 153RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108B_\07200 25108AC05900 BR.IZIER,STEPHEN&SONDRA LIVING BRUGATO,THO\LIS&NANCY 14270 SW KOVEN CT 14560 SAY'NE\LkRNIK DR TIG_\RD,OR 97224 TIGARD,OR 97223 BUEHNER,GRETCHEN C_\FFALL,REX PO BOX 230268 13205 SW VILL_1GE GLENN TIGARD,OR 97281 TIGARD,OR 97223 C_1ROL REN_\UD multiple COUNTY AD\IINISTRATIVE OFFICE- CO\M\fUNITY CENTURION HOMES INC ENGAGEMENT 7128 SW GONZ\GA ST#200 254 N FIRST AVENUE\iS20 PORTI—AND,OR 97223 HILLSBORO,OR 97124 2S108.1B01502 CIT\"OF TIGARD CISNEROS,NOHELY ISABEL ATTN:LIN_\S\LITH CISNEROS,j ARIDL3 jEANNETTE 13125 SW HALL BLVD. 15556 SW BULL\IOUNTAIN RD TIGARD,OR 97223 TIG_\RD,OR 97224 2S108AB04400 CONNERY,ST ICY CONNELLY,CHRISTOPHER&SHEIL.A.F 12564 SW;\LAIN STREET REVOCABLE TRUST TIG_1RD,OR 97223 14076 SW 155TH TER TIGARD,OR 97224 2S108AB01300 CRAGHE_1D,ALEXANDER CORTESE,VITO P&FELICITY J 12205 SW I4.kLL BOULEV ARD 11856 SW 175TH AVE TIGARD,OR 97223-6210 BE_\VERTON,OR 97007 2SI08AB04100 DEFILIPPIS,VICTOR DECKER,LEL_1ND C&DLANNE R 13892 SAS'BR.AYDON CT 14180 SW 155TH TER TIGARD,OR 97224 TIG.ARD,OR 97224 25108.AB02400 251081AB01001 DOBRINSKI,BRAD&JOHANN.A DUNN,DAVID R&CHRISTINE_A DOBRINSKY,VERNON NV&BEVERLY_A TRU 15295 BULL?\IOUNT.AIN RD 14459 SAS'153RD_-AVE TIGARD,OR 97224 TIGARD,OR 97224 25108AB03900 2S108BA00700 DURDEL,SONN A M LIVING TRUST ELLIS,CI-LAD:\I 14845 SAS':\iURRAY SCHOLLS DR .ADAIMS,JESSICA STE 110 RMB 329 15685 SL`'BULL MOUNTAIN RD BE.AVERTON,OR 97007 TIG_ARD,OR 97224 ENGV.ALL,ANN 2S108BA07000 15461 SAS'82 PL ERDIT\LAN,TERRY&DONNA 2016 REV T TIGARD,OR 97224 15536 SAX'ROSRK RD TIG.ARD,OR 97224 25108.AB00200 25108.AB00600 ESSIG,PAULA J &DREW A F_AGERSTROM FA-MIILY TRUST 14225 SAX'150TH.-AVE BY F_AGERSTROII,-T\LARK.ALSTON& TIG_ARD,OR 97224 FAGERSTRO-M,JENNIFER RENEE TRS 15105 SAS'BULL MOUNTAIN RD PORTLAND,OR 97224 25108.AB03600 FROUDE,BEVERLY FIGUERO.A,NARCISO M 12200 SLS'BULL'MOUNT--UN ROAD VEL.AZQUEZ,CAROLIN.A R TIG_1RD,OR 97224 14408 SW 153RD_-AVE PORTLAND,OR 97224 25108 AB00400 25108.AB03400 GLE_ASON,JACK M GOLDNLAN,THONLAS ANDRE-W' 14305 SAN'150TH.-AVE CAUTHORN,KRISTIN:A TALARIE TIGARD,OR 97224 14440 SW 153RD AVE TIGARD,OR 97224 25108AB03300 FUMLEY,BONNIE CHAIR CPO 4B GREISINGER,C SRI LYNN 16200 SW PACIFIC HWY SUITE H BOX 242 14456 SAvv'153RD AVE TIGARD,OR 97224 TIG.ARD,OR 97224 2S108B.A04600 H.AIMIILTON,LISA CPO 4B VICE CH'sIR HALVORSON,CHARLES&KAREN F_AIMIL 13565 SAY'BEEF BEND ROAD 15565 SAS'ROSH_AK RD TIG.ARD,OR 97224 TIG_ARD,OR 97224 HERING,J.BI—kKE. 25108.AB01500 NORRIS BEGGS&SIMPSON HERN.ANZ FAMILY TRUST 121 SAyv'MORRISON,SUITE 200 BY HERNANZ,HIPOLITO&ALARILYN R TR PORTLAND,OR 97204 15420 SW BULL'MOUNT_AIN RD TIGARD,OR 97224 25108AB01400 25108.AB05100 HILLLARD,TERESA B HIND,CANDICE MICHELLE L 15345 SW BULL MOUNTAIN RD PHOU,LY TIGARD,OR 97224 HING FAMILY TRUST ET AL 14087 SW 155TH TER 'I'IGARD,OR 97224 25108AB00300 HOGAN,KEVIN HJORT,SUSAN O LIVING TRUST 14357 SVG/ 133RD AVENUE 14265 SAYS'150TH.AVE TIG.ARD,OR 97224 TIGARD,OR 97224 HOWL.AND,H.YROLD AND RUTH 25108.AB05400 13145 SW BENISH J.ACKIILYN,THO IAS E&\fELIND_Y S TIGYRD,OR 97223 14217 SW 155TH TER TIGARD,OR 97224 25108 AB02500 2S108B_Y07100 JOHNSON,DANIELLE K KARDIAS,CHRISTOPHER R&LOUISE 1\1 HILL,.-AUBREY E 14304 SW MOVEN CT 15392 SW ARLENE LN TIGARD,OR 97224 TIGARD,OR 97224 25108AB00700 25108_YB05000 KERR,LORA J DING,GARY P&KATHY_Y SIKORY,SUZANNE T\1 14051 SVG'155TH TERRACE 15165 SW BULL IMOUNT_YIN RD TIGARD,OR 97224 TIGARD,OR 97224 2S108B Y07500 LISA HAMILTON CPO 4B VICE-CH_YIR hOVEN HEIGHTS HOMEOWNERS'.ASSOC 16200 SW PACIFIC HWY SUITE H BOX 242 PO BOX 661 TIGYRD,OR 97224 PORTLAND,OR 97207 LONG,JIM CH-AIR,CPO 41\1 25108 YB01604 10655 SAY'FIALL BLVD. LYS_YGHT LIVING TRUST TIGARD,OR 97223 15400 SW BULL MOUNTAIN RD PORTLAND,OR 97224 2S108B_A06800 2S108B_Y04500 ,\L-1SSEY,CAPRICE M&D_AVID S MCGUIRE,THOIALAS P&DEBORAH_A 14268 SW 134TH DR 15545 SW ROSILAK RD TIGYRD,OR 97223 TIGARD,OR 97224 25108.AB01501 IMILDREN,GENE MC-MURR.YY,GREG D MIILDREN DESIGN GROUP 15550 SYY'BULL'\ITN TD 7650 S`V'BEVEL.AND ST,STE 120 TIG.ARD,OR 97224 TIG.ARD,OR 97223 25108AB04300 25108 AC09000 YfILLER,AARON 1\1&BELLY_A MOVSHOVICH,YIZCMC&LIVLA 14104 SAY'155TH TER 7420 SAY'64TH PL TIG-ARD,OR 97224 PORTLAND,OR 97219 MURDOCK,NATFIAN AND.ANN NE_3L BRO\XN.GRI 7415 S`y'SPRUCE STREET MEADOWS INC REALTORS TIGARD,OR 97223 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 2S108AB02700 2S108AB01503 NEESE,DANIEL PAUL&PHET�LILY NELSON,ED\VkRD W&RENE G 15356 SW ARLENE LN 15510 SW BULL MOUNTAIN RD PORTL.IND,OR 97224 TIGARD,OR 97224 25108 AC06000 2S108BA06900 NET'\LkRNIK F.MMILY TRUST NETZLOF,JENNIFER EI-MNE BRUGATO,THO-,\LAS&NANCY 15514 S\yv'ROSH 1K RD 14515 SAI NEIL-1RNIK DR TIGARD,OR 97224 TIGARD,OR 97224 2SI08BA00600 2S108AI305200 OLSSON,BRUCE A&DOROTHY P ORNEI-�S LIVING TRUST 15665 Six'BULL MOUNT_1IN RD BY ORNELAS,MICH 3EL J&I\L-�RCL�J TR PORTLAND,OR 97224 14139 SVI 155TI-I TER TIGARD,OR 97224 2SI08ABO1100 2S10831304000 PARSONS,GREGORY A FATMILY TRUST P_1TEL,R3MESH P&NANCIE A PATEL PO BOX 3607 14246 SV'155TH TER TUAI--MN,OR 97062 TIGARD,OR 97224 2SI08ABO1000 2S108AB01900 PHELPS,DAVID S AND JE_1NE TE POND FAMILY TRUST PO BOX 551 15140 SW BULL MOUNTAIN RD TUALATIN,OR 97062 TIGARD,OR 97224 25108 AB00800 2S108AB05300 PRUHSMEIER,CAROL S REED,BRIANIM&JENNIFER A PO BOX 23234 14173 SW 155TH TER TIGARD,OR 97281 TIGARD,OR 97224 2S108AB02100 25108AB02800 REICH,CHARLES&BARBARA ROBINSON,TIMOTHY K&DAWN R 14415 SW 153RD AVE 15338 SAY' 1RLENE LN TIGARD,OR 97224 PORTLAND,OR 97224 2S108AB02300 ROGERS,KATE ROGERS,BRENT A 9527 S\Yv'BROOKLYN LN ROGERS,TANYA R TIG_1RD,OR,97224 14443 SW'153RD_AVE TIGARD,OR 97224 RORALAN,SUE 2S108AB02600 11250 S%N'82ND AVE ROSLING,STEVEN NI JR TIG_3RD,OR 97223 ROSLING,EVELZN C 15374 SW ARLENE LN TIGARD,OR 97224 RUEDY,ROBERT 2S108B_A00400 14185 SW 100TH AVENUE RYAN,LORIND_A C TIG.ARD,OR 97224 15545 SAX'BULL AIOUNT.IIN RD TIG.ARD,OR 97224 2S108B1A00500 SAVANNAH EDSON SALAZAR,EFR.AIN ROBLES METROPOLITAN LAND GROUP,LLC 15555 SAY/BULLMOUNT.AIN RD 17933 NAS'EVERGREEN P_ARKAV'_AY,SUITE 300 TIG.ARD,OR 97224 BE AVERTON,OR 97006 25108.AB03100 25108AC08700 SCHLICHTING TRUST SCHi�IIDT,MICH-AEL BY SCHLICHTING,NL-�RK.A&LAURA E TR SCHMIDT,Y.AOCHIEN SABIN_A 14488 SW 153RD.-AVE 15281 SAS'P.ARKPLACE LN TIGARD,OR 97224 PORTL3ND,OR 97224 2S108B_A05000 25108_-AB01901 SHAMS,_AHMED Al SMITH,HARRIS D JR REVOCABLE TRU 15615 SW ROSIEAK RD BY SMITH,HARRIS D JR TR PORTLAND,OR 97224 15230 SW BULL AITN RD TIGARD,OR 97224 25108.AB02900 SPRING,BRAD SPEER,DANIEL P&K.AILYN R 7555 SW SPRUCE STREET 14481 SAX'153RD_-AVE TIGARD,OR 97223 PORTLAND,OR 97224 2S108B.A06700 25108.AB01603 STOLLER,DENNIS R&DEBORAH SULLIVAN,PAUL D&DANA 14342 SW KOVEN ST 15250 SW BULL MOUNTAIN RD TIG.ARD,OR 97224 PORTL),ND,OR 97224 SUNDBERG,ROSS 25108_AC08900 16382 SW 104TH_-AVE TEICHROEB,EUGENEIM&CHERIE R TIG_ARD,OR 97224 15231 SAX'P.ARKPLACE LN PORTLAND,OR 97224 2SI08AB03200 2S108BA07300 TERZO,KAREN TRAN,DZUNG JOSEPH&KIM_ANH 14472 SW 153RD_AVE 14244 SAV'KOVEN CT PORTLAND,OR 97224 TIG.ARD,OR 97224 25108 AB04200 TTSD TRINH,NINA LE .ATTN:DAVID MOORE 14148 SANG'155TH TER 6960 SW SANDBURG ST TIGARD,OR 97224 TIG_ARD,OR 97223 25108.AB03000 W'EGENER,BRIAN VESTERG.AARD,LARS&KIRSTEN 9830 SW KIMBERLY DRIVE 14497 SW 153RD AVE TIG.ARD,OR 97224 TIGARD,OR 97224 25108AB01602 2SI08AC08800 \VILKINSON,GREGORY"S WILLIA-MS,RICHARD D&DEBORAH ILS 15380 SW BULL MOUNTAIN RD 15255 SkN'PARKPLACE LN TIGARD,OR 97324 PORTI AND,OR 97224 2SI08AB00900 2S108BA04700 W-ILLIS,JA IES L&AIARTI iii WRIGHT,DOUGLAS T&JNIONICA C 15285 SW BULL MOUNTAIN RD 15585 SW ROSH_1K RD TIGARD,OR 97223 TIGARD,OR 97224 2S108B X04800 ZICKUHR,CL.3RE.NCE J&BARBARA K 15605 S\X'ROSHAK RD TIGARD,OR 97224 City of Tigard PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGALS SECTION OF THE TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: 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. 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. If you would like to submit written comments,please e-mail them to LinaCS@tigard-or.gov by 4:30 p.m. on the day of each hearing. Comments must be directed toward the applicable approval criteria,listed below. If you have any questions, or would like more information on this application,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,June 15,2020.Tigard City Council will conduct a public hearing on this application beginning at 7:30 p.m. on Tuesday,July 14, 2020. Attend the Virtual Hearings:ww\v.tigard-or.gov/city_haH/pubhc_hean'ngs.php - BULL MOUNTAIN SUMMIT ANNEXATION QUASI-JUDICIAL ANNEXATION CASE NO. ZCA2020-00001 REQUEST:The applicant requests to annex two (2) properties into the City of Tigard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain Road(WCTM 2S108AB,Tax Lots 1300 and 1400). 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. TT PUBLISH DATES: • May 28,2020 • June 4,2020 Pamplin MedlaGroup 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland, OR 97269-2169 Phone: 503-684-0360 Fax: 503.620-3433 E-mail: legais@commnewspapers.com AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, 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 „r_ Bvtn/Tigard/Tualatin/Sherwood in the afore- said county and state, as defined by ORS • 193.010 and 193.020,that City of Tigard PUBLIC HEARING ITEM: BULL MOUNTAIN SUMMIT ANNEXATION This annexation application requires public hearings before Ti- QUASI-JUDICIAL ANNEXATION CASE NO. gard Planning Commission and Tigard City Council. In accor- ZCA2020-00001 dance with the City of Tigard's Emergency Declaration related Ad#• 165722 )ib COVID-19 and Governor Brown's Executive Order 20.16, • -the public hearing on this application before BCommis- _sion will be held virtually,aid it is possible the City Coun- A copy of which is hereto annexed,was cil�.may be as well. published in the entire issue of said You are hIv#aid to aadr puha .tf y, ,mpro- vide comments at a virtual public#tem,the 9 Will*e following issue(s): a call-in number to receive oral testimony during the earin; 05/28/2020,06/04/2020 Additional information and Call-in procedures will be provid- ed on the meeting agenda. If you would like to submit written n comments, please e-mail them to t-naC tib rd or goy by N 4:30 p.m. on the day of each hearing.Comments mu be di- Charlotte Allsop(Accou Ing Manager) rected toward the applicable approval criteria,listed below. If you have any questions,or would like more information on Subscribed and sworn to before me this this application',please contact Lina Smith,Assistant Planner at 06/04/2020. (503)718.2438 or tt-iW jlzKd-QLgov, Tigard Planning Commission will Conduct a,public hearing on this application beginning at IWO p.m. on MondaN June (_V 13,2020. Tiigard City Council will conduct a public hearing NOlIARY PUBLIC FOR OREGON on this application beginning at 7:30 pl m. on Taesday,July 14,2020, Attend the Virtual Hearings: rt:aar_d`nr gov/ci, lV aLbli•,�—.-mac hc_,rr_ing.�,,�hp BULL,MOUNTAIN SUMMIT ANNEXATION- Acct#: 107839 QU I E NO.ZCA20204"I ANNEXATION Attn: Joe Patton TIGARD,CITY OF REQUEST.The applicimi requests to annex two(2)properties 13125 SW HALL BLVD into the City of Tiggaarrd. No new development.is proposed at TIGARD, OR 97223 this time. LOCATfE')N: 15345 and 15395 SW Bull Mountain _ _ __,�,� OFFICIAL STAMP KRISTIN C.OLSON 1 :•' NOTARY PUBLIC-OREGON 1 COMMISSION NO.997532 1 MY COMMISSION EXPIRES MARCH 10,2024 i :1.Namplin dlaGroup 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, Clackamas, SS I,Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting Manager of the The Times, Q a newspaper of general circulation, serving = Bvtn/Tigard/Tualatin/Sherwood in the afore- said county and state, as defined by ORS 193.010 and 193.020,that ! City of Tigard PUBLIC HEARING ITEM: BULL MOUNTAIN SUMMIT ANNEXATION QUASI-JUDICIAL ANNEXATION CASE NO. This annexation application requires public hearings before Ti- ZCA2020-00001 gard Planning Commission and Tigard City Council. In accor- dance with the City of Tigard's Emergency Declaration related Ad#: 165722 'io COVID-19 and Governor Brown's Executive Order 20-16, the public hearing on this application before Planning Conis- A copy of which is hereto annexed,was sion will be held virtually,aryl it is possible dint the City Coun- published in the entire issue of said cil herring may be as vwill. newspaper(s)for 2 week(s) in the You are inviod t+Dat>l Wft pwic following issue(s): �'lfy�wish m pro- following g issue(s): 06/04/2020 vide comments at a virtual public tearing,the Citywill provide a call-in number to receive oral testimony during the hearing. Additional information and call-in procedures will be provid- Cf„ ed on the meeting agenda. If you would like to submit written comments, please e-mail them to 1-my by Charlotte Allsop (Accou tin Manager) 4:30 p.m. on the day of each hearing, Comments must be di- g g ) rected toward the applicable approval criterias listed below. If you have any questions,or would like more information on Subscribed and sworn to before me this this application,please contact Lina Smith,Assistant Planner at 06/04/2020. (503)718-2438 or LinaCS2AjguAtg.ge . Tigard Planning Commission will conduct a public hearing on this applictation beginning at '7:00 p.m. on Monday,June 19, 2020.Tigard,City Couneil will conduct a public hearing NOT,kRY PUBLIC FOR OREGON on this application beginning at 7:30 p.th.'on Tvouby,4uly t4,2020, Attend the Virtual Hearings; ww%tigAtd!QLgmjcjjX__bAjjj ttulallG.�id#1>tlOg6•>?1>il Acct#: 107839 "BULL MOUNTAIN SUMMIT ANNEXATION- Joe Patton QVAS14UDICIAL ANNEXA'T'ION Acct CASE t4O.ECAZ020.00001 TIGARD, CITY OF 13125 SW HALL BLVD REQUEST:Theapplicant requests to annex two(2)properties TIGARD, OR 97223 into the City of Tgard. No new development is proposed at this time. LOCATION: 15345 and 15395 SW Bull Mountain OFFICIAL STAMP 1 � �.. KRISTIN C.OLSON ' NOTARY PUBLIC-OREGON i COMMISSION NO.997532 MY COMMISSION EXPIRES MARCH 10,2024 i' P 6605 SE Lake Road, Portland, OR 97222 Phone:(971)204-7707 Fax:(971)204-7702 Email:accounting@pamplinmedia.com Account: 107839 Date: 06/03/20 Ad Date: 05/27/20 B Name: LIZ LUTZ Class: 1202 Company: TIGARD,CITY OF Ad ID: 165722 Address: 13125 SW HALL BLVD Ad Taker: CALLSOP r s �urN_rr s smexatim applioalim public hearings before WTi ear. TIGARD, OR 97223 Sales Person: TT74 wd planning cammitsim rgata em cameil m.tt« Words: 392 :ton«with the City of T.gad's Emergency Ikelarstim n o COVID-19 and Governor B'owo's Executive Ordu 20.16 Telephone: (503)718-2487 Lines: 66 �pnbGt heating�thia appGtatim before plmthe ty ion will be head vtrmdiy and it is possible that the Ci Description: PUBLIC HEARING ITEM:This Agate Lines: 83 ul hearing may be as well. annexation Depth: 9.153 lm co invited to atteodthe pubcche hearing, t If on wish to ride comments;at s venial public heenng,the City will vid I tail-in number to receive oral testimony dm- the Ipro Inserts: 4 k"tional information and call-in procedures wall be pm :d on the meeting agenda.If ym would like to submit Blind Box: I �xmments,please e-msil them to 10"OU&gardg8Y 1:30 p.m.on the dry of eachhearing.Comments must be m stood toward the applicable=-. vittria,listed below. Other Charges: $0.00 Gross: $470.46 1 f yon have my Iqunes ions,or would kine more information cc les sppGuhan,pleax emuct Lina Smith,Assistant planner Discount: $0.00 503)718-2438 or 'acrd or.aov. Surcharge: $0.00 Paid Amount: - $0.00 Rgard Manning commission will conduct a ppuubblic h m this lication beginning at 7:00 p,m.on R1.unda,Jon Credits: $0.00 s ao2.'p�rd cat,cannel will tmmt«a blit in this application beginning at 7:30 p.m.an Tuesday,July Bill Depth: 9.153 Amount Due: $470.46 14,2020• Wed the Vinod Hearings:ywwjjasrdbcanvkity hall, Package Start Stop Cost 9 -BULL MOUNTAIN S[JMMTTANNEXATION- QUASI.HJDICIALANNEXATION The Times 05/28/20 06/04/20 2 $470.46 CASENO.ZCA20o annex xt IEQUFST:The Gant requests to annex two(2)properties West Zone PN 05/27/20 06/03/20 2 $0.00 his the L CGUWOiv u�5 and i11 5 w sept1 "a` toad(WCfM 2S108AB,Tax Iota 1300 and 1400).CO fY ZONE:R-6:Residential 6 unipacre.CITY ZONE 11-7:Mediumd)ensity Residential.APPLICABLE REVIE i.MITERM Tigard Community 1Xve"cnt Code Chapwn (8.710 and 18.1-20;Tigard Comprehensive Man Goals I,it ',12,and 14;Metro Code Chapter 3.09;and Oregon Pteviset 'imitates chapter 222. 'cpies ofthe materials and evidence considered by the City tart of the public record and available for review.Ifym woul de to review these materials at no wet,please contact the Ic'm fitted above.Additionally,at least 15 days prior to lamingg Commission public hewing,the staff report will rvdlable Doling at m cost: ard-ar=lcjl;�ha ta�Hard eopiu of the materials available at a reasonable wet please cooed the t bff1 eo listed about for nae mfocmm"' I'ubbsh Mry 28,Ione 4,2020 TT16572? Ad Note: Customer Note: We Appreciate Your Business! Thank You LIZ LUTZ! APPLICANT 1�IATRIALS RE(d MAR 19 ''ARD PLAN%�; �-"%161NEERING Bull Mountain Summit Annexation Application APPLICANT: Graham Colton Kemmer Ridge, LLC 8030 SW 8th Avenue Portland, OR 97219 OWNERS: Vito & Felicity Cortese (TL 1300) 11856 SW 175th Avenue Beaverton, OR 97007 Teresa Hilliard (TL 1400) 1415 Loveland Madeira Rd., Apt 5 Loveland, OH 45140 APPLICANT'S REPRESENTATIVE: Danelle Isenhart, AICP Isenhart Consulting, LLC P.O. Box 2364 Beaverton, Oregon 97075 REQUEST: Annexation of 2 properties, for future subdivision application SITE LEGAL DESCRIPTION: Tax Lots 1300 & 1400; Tax Map 2S1W 08AB Tigard, Oregon SIZE: 88,074 square feet SITE ADDRESS: 15345 & 15395 SW Bull Mountain Road LAND USE: R-7 (upon annexation) List of Exhibits Copies of Land Use Application & Title/Deed 1 Washington County Annexation Forms 2 Findings for Land Use Approval 3 Pre-application Meeting Notes 4 Land Use Application & Title/Deed Exhibit No. 1 RECEIVED City of Tigard MAR 19 2020 Case#:.c.7-CA2bW C)CCO COMMUNITY DEVELOPMEI�TAOV% WTRM RING Master Land Use Application I-4LND USE APPLICATION TYPE 0 Accessory Dwelling Unit(ADU) 0 Modification: 13 Type 1 0 Type 11 Q Adjustment 0 Planned Development: XAnnexation 0 Consolidated Plan 0 Comprehensive Plan Map Amendment 0 Concept Plan 0 Conditional Use C3 Detailed Plan E) Downtown Development Review: 0 Sensitive Lands Review: CD Type I C3 Type 11 0 Type I ED Type IT C3 Type pe III CD Adjustment 0 Site Development Review: D Type 1 0 Type pe 0 Home Occupation-Type 11 0 Subdivision 0 Land Partition CD Temporary Use Permit 0 Lot Line Adjustment/Lot Consolidation 0 Urban Forestry Plan: (--) Marijuana Facility Permit 0 Modification 0 Discretionary Review 0 Miscellaneous: 0 Zoning Map Amendment 0 Type 11 C3 Type III PROJECT INFORMATION Project name: Bull Mountain Summit Annexation Brief description of project: Annexation of 2 properties on SW Bull Mountain Road, for future subdivision application SITE INFORMATION Location (address if available): 15345 & 15395 SW Bull Mountain Road Tax map and tax lot number(s): 2S1 08AB 1300 & 1400 Site size: 88,074 sq. ft. Zone: Upon annexation - R-7 APPLICANT INFORMATION Name: Graham Colton, Kernmer Ridge LLC Mailing address: 8030 SW 8th Aveune City/State: Portland, OR Zip: 97219 Phone: 503-784-3366 Email: gcolton9@gmail.com Applicant's representative: Danelle Isenhart, Isenhart Consulting, LLC Phone: 503-880-4979 Email: danelle@isenhartconsulting.com City of Tigard - 13125 SW Hall Blvd. - Tigard,Oregon 97223 - wwwtigard-or.gov - 503-718-2421 - Page 1 of PROPERTY OWNER INFORMATION ❑ Same as applicant t'kttac:ll list for additional o%v�ners) TL. 13001 Natne: Vito and Felicity Cortese \tailing address: 11$56 SW 175th Avenue City/State: Beaverton, OR zip: 97007 Phone: l�anail: SUBMITTAL REQUIREMENTS in addition to this application form,you must submit all required items listed in Subscrtion 18,710,030k of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the ph7tiner on duty at 5O3-718-2421 or , i pia iierondutyCt I certify that I ani the property owner or I am eligible to initiate this application,as provided in the'Tigard CommunitN Dev'clopmeat Code. 'I'o the best of my knowledge, all the information provided within this application package is complete and accurate. Graham Colton, Kemmer Ridge LLC Applicant's sigma re* Prim liamc Date Vito Cortese P)he 'ertt�owner's signature* Print name Date ti� 2 Felicity Cortese .5 a c 1erty orr nex`s s z tore* Print namfe a e _ owner must sign this application or submit a separate worrci} authorization when the owner and applicant are different people. G` Case No.: LC^74 U— 004)( \.pplication frc13V lot Reeceir'ed Ery: ., A L I)atc:-3 Belted Case(s): _... Determined complete by: Date: fi�=Yx�a.<5?'1,�4w^.`:'�fi.3 n..uirt ',•:.. „' '--R�:S�^`Si I.Sw,;::: _, m,an:., w 5 Ya.,..,..:r. f 'M.'LaN,*.s: av,a « -.c. s ' `a ..dt'ah, .<...v...�wfiWlffiY&.f"1C 9�k2'�'X�s"9b'. „:+<n dn.e Y OtygfTiga!rd k ' �, .'i ' (?.SII 13hc1. 'li},;trcl,f)set°,�„� '�'':'. i rrrrr�.tir,�zcl or, s,r 50t3.718-2121 • Pake2crQ City of Tigard MAR 19 2020 Case#: Z-C6ZOW-6606 1 COMMUNITY DEVELOPMENT DEMAITFIRWD -'N IEERING Master Land Use Application LAND USE APPLICATION TYPE 0 Accessory Dwelling Unit(ADU) 0 Modification: 13 Type I CD Type 11 0 Adjustment 0 Planned Development: XAnnexation C-D Consolidated Plan F) Comprehensive Plan Map Amendment D Concept Plan 0 Conditional Use 0 Detailed Plan ❑ Downtown Development Review: 0 Sensitive Lands Review: ED Type I [D Type 11 0 Type 1 0 Type 11 0 Type III 0 Adjustment 0 Site Development Review: 0 Type I ED Type II 0 Home Occupation-Type 11 CD Subdivision C-) Land Partition D Temporary Use Permit ED Lot Line Adjustment/Lot Consolidation C-) Urban Forestry Plan: 0 Marijuana Facility Permit 0 Modification 11 Discretionary Review 0 Miscellaneous: 0 Zoning Map Amendment 0 Type 11 C3 Type III PROJECT INFORMATION Project name: Bull Mountain Summit Annexation Brief description of project: Annexation of 2 properties on SW Bull Mountain Road, for future subdivision application SITE INFORMATION Location (address if available): 15345 & 15395 SW Bull Mountain Road Tax map and tax lot number(s): 2S1 W 08AB 1300 & 1400 Site size: 88,074 sq. ft. Zone: Upon annexation - R-7 APPLICANT INFORMATION Name: Graham Colton, Kemmer Ridge LLC Mailing address: 8030 SW 8th Aveune City/State: Portland, OR Zip: 97219 Phone: 503-784-3366 Email: gcolton9@gmail.com Applicant's representative: Danelle Isenhart, Isenhart Consulting, LLC Phone: 503-880-4979 Email: danelle@isenhartconsulting.com City of Tigard - 13125 SW Hall Blvd. - Tigard,Oregon 97223 - wwwtigard-or.gov - 503-718-2421 Page 1 of PROPERTY OWNER INFORMATION Cl Same as applicant (Attach list for additional owners) TL 1400 Name: Teresa Hilliard Mailing address: 1415 Loveland Madeira Rd.,Apt 5 'City/State: Loveland, OH Zip. 45140 Phone: a�3'. �"�rl. , Email: tbhllllardpdx(a Qmall.eom 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 tigaglanneronduty a ' d-orQov. 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 i package is complete and accurate. Graham Colton, Kemmer Ridge LLC �/eAPpBean's tune* Printname Dat ' • ���= � �� Teresa Hilliard Property,owner's signature* Print name• Date i Property owner's signature* . Print name Date *The owner must sign this application or submit a separate written authotiaation when the owner and applicant are different people. .y >:tZozi �S x.. .t;M1. .}� >4+ ,•.. ,� F%'.. i t�•k>2>a" ' 4 .Aux•..,a' J• �S„o;a.. �.S aYi�,t: r.-•'c�. .t•�r;;.. ..t c::.%''.'\y'Cx:..,h�.,.,:_.f �F(�.:t:'�54:',:!.'hat3iF 'w`. {:;t:: .;.{y±o+E ,ia"+'•::::j,;:{:..�J.i':bd:r`b? :'.,"i"•,�`i:,p. y'�c'-.�+.'•,E,.rEL....�C�'I•. 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C�e ;Ss;.f <H,� 'AF.' l^.:ksH. .z�:•>• r t�:. a..xx::�• .n s:r: ::rx'. x:{.•s•$�j{AJy�s;: '4i cvt:s'::::...,..•': ''.�-'?,:�^:.•'"•:' �.;;z' 'Na T•�{.>. � aS:ZY:>•`,'+�.1.::$� ��...G�:,''`'t.$F:+v,,�'•` t3S't'�.»:.N.i�::2L'rM..£..,x::si.:....3:rfii.,+x?�: �.ta:..a,`�.:'•wr.J'..:e4r LtiY:.Y-+�n� �.+...w.:H;i.: S:�Ai�..'f>:, {•4 �+r:: ��`c.. '+,. City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223' • www.dgud-or.gov 503-718-2421 Page 2 of 2 j First American rit/e Insurance Company i t American 121 SW Morrison Street,Suite 300 Portland,OR 97204 Phn-(503)222-3651 (800)929-3651 Fax-(877)242-3513 IV MAR 19 2020 CIT" ',) i'.GARD Order No.: 7000-3067390 3�Lt,Ritdll'+l a,i���ClAveaEr iCJO January 27, 2020 FOR OUESTIONS REGARDING YOUR CLOSING. PLEASE CONTACT: 30YCE 3AMESON, Escrow Officer/Closer Phone: (503)350-5005 - Fax: (866)656-1602- Email:jjameson@firstam.com First American Title Insurance Company 5335 SW Meadows Road, Suite 100, Lake Oswego, OR 97035 FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT: 3ames J. Welch, Title Officer Toll Free: (800)929-3651 - Direct: (503)795-7669 - Email: jwelch@firstam.com 3rd Supplemental Preliminary Title Report County Tax Roll Situs Address: 15395 SW Bull Mountain Road, Tigard, OR 97224 2006 ALTA Owners Standard Coverage Liability $ 506,000.00 Premium $ 1,359.00 2006 ALTA Owners Extended Coverage Liability $ Premium $ 2006 ALTA Lenders Standard Coverage Liability $ Premium $ 2006 ALTA Lenders Extended Coverage Liability $ Premium $ Endorsement 9.10,22&8.1 Premium $ Govt Service Charge Cost $ City Lien/Service District Search Cost $ Other Cost $ We are prepared to issue Title Insurance Policy or Policies of First American Title Insurance Company, a Nebraska Corporation in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit A attached hereto. and as of January 10, 2020 at 8:00 a.m., title to the fee simple estate is vested in: Vito P. Cortese and Felicity J. Cortese, as tenants by the entirety Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued,and the full premium paid. Preliminary Report Order No.:7000-3067390 Page 2 of 8 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. The exceptions to coverage 1-S inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Water rights, claims to water or title to water, whether or not such rights are a matter of public record. 7. Statutory powers and assessments of Clean Water Services. 8. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. 9. Easement, including terms and provisions contained therein: Recording Information: June 30, 1959 as Book 419, Page 375 In Favor of: Adjacent property owners For: the right to maintain and service the existing power line 10. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Vito P. Cortese and Felicity J. Cortese, husband and wife Grantee/Beneficiary: Wells Fargo Bank, N.A. Trustee: Wells Fargo Financial National Bank Amount: $160,000.00 Recorded: June 11, 2007 Recording Information: Fee No. 2007 064398 First American Title Preliminary Report Order No.:7000-3067390 Page 3 of 8 Note: This Deed of Trust contains Line of Credit privileges. If the current balance owing on said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that the beneficiary will issue a proper request for full reconveyance. The lien of said Deed of Trust was subordinated to the lien of the instrument recorded December 19, 2014 under recording no. 2014 081225 by agreement recorded December 19, 2014 under recording no. 2014 081226 . 11. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Vito P. Cortese and Felicity J. Cortese, husband and wife Grantee/Beneficiary: Mortgage Electronic Registration Systems, Inc., MERS solely as a nominee for Green Tree Servicing LLC, its successors and assigns Trustee: First American Title Insurance Company Amount: $196,000.00 Recorded: December 19, 2014 Recording Information: Fee No. 2014 081225 12. Temporary Construction Easement as contained in that certain Dedication Deed, including terms and provisions thereof. Recorded: December 28, 2018 as Fee No. 2018-086775 - END OF EXCEPTIONS - NOTE: Taxes for the year 2019-2020 PAID IN FULL Tax Amount: $3,843.26 Map No.: 2S18AB-01300 Property ID: R483809 Tax Code No.: 023.78 NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are recorded (including situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the County must be filed. THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! First American Title Preliminary Report Order No.:7000-3067390 Page 4 of 8 RECORDING INFORMATION Filing Address: Washington County 161 NW Adams Avenue, Suite 103 Hillsboro, OR 97124 Recording Fees: $41.00 First Page (Comprised of: $ 5.00 per page $ 5.00 per document- Public Land Corner Preservation Fund $ 11.00 per document- OLIS Assessment&Taxation Fee $ 20.00 per document - Oregon Housing Alliance Fee) $ 5.00 E-Recording fee per document $ 5.00 for each additional page $ 5.00 for each additional document title, if applicable $20.00 Non-Standard Document fee, if applicable PLEASE NOTE THE FOLLOWING INCREASE IN RECORDING FEES EFFECTIVE 3UNE 4, 2018 DUE TO A$40 INCREASE IN THE OREGON HOUSING ALLIANCE FEE RECORDING INFORMATION Filing Address: Washington County 161 NW Adams Avenue, Suite 103 Hillsboro, OR 97124 Recording Fees: $81.00 First Page (Comprised of: $ 5.00 per page $ 5.00 per document - Public Land Corner Preservation Fund $ 11.00 per document-OLIS Assessment&Taxation Fee $ 60.00 per document-Oregon Housing Alliance Fee) $ 5.00 E-Recording fee per document $ 5.00 for each additional page $ 5.00 for each additional document title, if applicable $20.00 Non-Standard Document fee, if applicable FiistAmencan Title Preliminary Report Order No.:7000-3067390 Page 5 of 8 First American Title Insurance Company SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (Iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). ALTA OWNER'S POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (Iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons In possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,daims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien"or right to a lien,for services, labor, material,equipment rental or workers compensation heretofore or hereafter furnished,imposed by law and not shown by the public records. NOTE: A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)WILL BE FURNISHED UPON REQUEST TI 149 Rev.7-22-08 FirstAmerican Title Preliminary Report Order No.:7000-3067390 Page 6 of 8 gpqmcqw ct` I FrstAmmican Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govem the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govem our use of personal information regardless of Its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal Information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such Information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty Insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have Joint marketing agreements. Former Customers Even If you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation Is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the Information about you we receive on the Internet In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site, pages viewed and similar information.First American uses this Information to measure the use of our site and to develop ideas to Improve the content of our site. There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your Inquiry, process an order or allow you to access specific account/proflle information.If you choose to share any personal information with us,we will only use it In accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. --------------------------------------------------------------------- Falr Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) F%rsl American Title Preliminary Report Order No.:7000-3067390 Page 7 of 8 Exhibit"A" Real property in the County of Washington, State of Oregon, described as follows: Beginning at a point on the center of Bull Mountain Road (County Road A-147), which point bears South 000 09' West, 830.2 feet and South 790 16' East, 155.92 feet from the one-quarter section corner on the North line of Section 8, Township 2 South, Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon, and running thence South 790 16' East along the center line of said road, 150.0 feet; thence North 020 45' East, 252.8 feet; thence North 890 55' West, 159.18 feet; thence South 000 05' West, 224.81 feet to the point of beginning. Excepting therefrom that portion conveyed to Washington County, a political subdivision of the State of Oregon by a Dedication Deed recorded March 16, 2012 as Fee No. 2012 019783. Further excepting therefrom that portion conveyed to Washington County, a political subdivision of the State of Oregon by a Dedication Deed recorded December 28, 2018 as Fee No. 2018-086775 First American Title MUMS A*wow Map-0**A*4wtqp by Sefty Oyrornlos X ;tkAc .11 ler" ) 5200 C/ 14 28 AC W 1100 Isom 4200 2 4M84 r3.14 AC L AC 29 AC LC) U) 4100 3 .28 AC 26AW 4M 5400 16 2 3 32 AC 4OW 2 34 AC 570 6.xJ.ra $07 fit 4W 1 4� AS AC TP'C' 3900 A 30 AC 1300 • A* 1400 109 AC saw Ok TRW VC 4 .75 140 ' ism Q'44 t A .31 AC rig 9 43 AC :VY 3 6 rob 2100 2 9?1) 2 U1 7W 15M 52AC .48 AC cc Ways 2:70 g1l Col 35W 3"1 If- LO i a is A 23M ue.noCh: b9 AC 9 1501 2 4 3,400 A4 AC 15 to Zoo Y4 id MS,79 wo CN 39W 2400 N 26"I'"AC - VI CO A TRACT',, 3700 L%� 5 3300'�' TRACT 9 4j *tM - - 1A PaimelXD: 8483809 FirstArne4riCan Title" 1-hi,Map/plat is being fumished as an aid In locating the herein described land In relation to adjoining streets,natural boundaries and other land,and is not a survey of the land depicted. Except to the extent a policy of title Insurance is expressly modified by endorsement,If any,the company does not Insure dimensions, distances,location of easements,acreage or other matters shown thereon. httpzfldkonfaAwtrycVmmin.netftwMep7pomolkJ=PA83908don4-*OR-Yft*WngWn First American ride insurance Company B Amt°", ican 121 SW Morrison Street,Suite 300 W- 4 Portland,OR 97204 Phn-(503)222-3651 (800)929-3651 Fax-(877)242-3513 MAR 1 9 2020 Order No.: 7000-3067403 G CITY Y O,a T ba.�,s s6� I January 21, 2020 '�_t,��,°�a�,°�� �.�,f_.�•. m -� FOR OUESTIONS REGARDING YOUR CLOSING. PLEASE CONTACT: JOYCE JAMESON, Escrow Officer/Closer Phone: (503)350-5005 - Fax: (866)656-1602- Email:jjameson@firstam.com First American Title Insurance Company 5335 SW Meadows Road, Suite 100, Lake Oswego, OR 97035 FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT: Sarah Walters, Title Officer Toll Free: (800)929-3651 - Direct: (503)790-7857 - Email: sawalters@firstam.com 3rd Supplemental Preliminary Title Report County Tax Roll Situs Address: 15345 SW Bull Mountain Road,Tigard, OR 97224 2006 ALTA Owners Standard Coverage Liability $ 759,000.00 Premium $ 1,739.00 2006 ALTA Owners Extended Coverage Liability $ Premium $ 2006 ALTA Lenders Standard Coverage Liability $ Premium $ 2006 ALTA Lenders Extended Coverage Liability $ Premium $ Endorsement 9.10,22&8.1 Premium $ Govt Service Charge Cost $ City Lien/Service District Search Cost $ Other Cost $ We are prepared to issue Title Insurance Policy or Policies of First American Title Insurance Company, a Nebraska Corporation in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit A attached hereto. and as of January 13, 2020 at 8:00 a.m., title to the fee simple estate is vested in: Teresa B. Hilliard Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued,and the full premium paid. Preliminary Report Order No.:7000-3067403 Page 2of8 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance,violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Water rights, claims to water or title to water, whether or not such rights are a matter of public record. 7. Statutory powers and assessments of Clean Water Services. 8. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. 9. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Teresa B Hilliard, a married woman Grantee/Beneficiary: Mortgage Electronic Registration Systems, Inc., MERS solely as a nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender, its successors and assigns Trustee: Pacific Northwest Title of Oregon, Inc. Amount: $417,000.00 Recorded: June 04, 2007 Recording Information: Fee No. 2007 062034 The beneficial interest was assigned by successive assignments, the last of which was; Recorded: December 12, 2012 as Fee No. 2012 105900 To: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc.,Alternative Loan Trust2007-16CB Mortgage Pass-Through Certificates, Series 2007-16CB. First American Title Preliminary Report Order No.: 7000-3067403 Page 3 of 8 - END OF EXCEPTIONS - NOTE: Taxes for the year 2019-2020 PAID IN FULL Tax Amount: $6,123.16 Map No.: 2S18AB-01400 Property ID: R483818 Tax Code No.: 023.78 NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are recorded (including situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the County must be filed. THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! FirstAmerican Title Preliminary Report Order No.:7000-3067403 Page 4 of 8 RECORDING INFORMATION Filing Address: Washington County 161 NW Adams Avenue, Suite 103 Hillsboro, OR 97124 Recording Fees: $41.00 First Page (Comprised of: $ 5.00 per page $ 5.00 per document - Public Land Corner Preservation Fund $ 11.00 per document- OLIS Assessment&Taxation Fee $ 20.00 per document-Oregon Housing Alliance Fee) $ 5.00 E-Recording fee per document $ 5.00 for each additional page $ 5.00 for each additional document title, if applicable $20.00 Non-Standard Document fee, if applicable PLEASE NOTE THE FOLLOWING INCREASE IN RECORDING FEES EFFECTIVE JUNE 4, 2018 DUE TO A $40 INCREASE IN THE OREGON HOUSING ALLIANCE FEE RECORDING INFORMATION Filing Address: Washington County 161 NW Adams Avenue, Suite 103 Hillsboro, OR 97124 Recording Fees: $81.00 First Page (Comprised of: $ 5.00 per page $ 5.00 per document- Public Land Corner Preservation Fund $ 11.00 per document-OLIS Assessment&Taxation Fee $ 60.00 per document-Oregon Housing Alliance Fee) $ 5.00 E-Recording fee per document $ 5.00 for each additional page $ 5.00 for each additional document title, if applicable $20.00 Non-Standard Document fee, if applicable FirstAlmerinan Title Preliminary Report Order No.: 7000-3067403 Page 5 of 8 cY AMr;p, do d91hh_. First American Title Insurance Company SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (Iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 13,or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). ALTA OWNER'S POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,claims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. S. Any lien"or right to a lien,for services, labor,material,equipment rental or workers compensation heretofore or hereafter furnished,imposed by law and not shown by the public records. NOTE: A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)WILL BE FURNISHED UPON REQUEST TI 149 Rev.7-22-08 First American Title Preliminary Report Order No.:7000-3067403 Page 6 of 8 r 6l,c First American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain Information.We understand that you may be concerned about what we will do with such information-particularly any personal or financial Information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Polity governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as Information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govern our use of personal Information regardless of its source. Flat American calls these guidelines its Fair Information Values. types of Information Depending upon which of our services you are utilizing,time types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your Information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Polity will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the Information about you we receive on the Internet. In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First American uses this Information to measure the use of our site and to develop ideas to Improve the content of our site. There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use It in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. -------------------------------------------------------------------- Fair Information Values Faimess We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use Information about a consumer In our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers In identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) FirstAmerican rtle Preliminary Report Order No.: 7000-3067403 Page 7 of 8 Exhibit"A" Real property in the County of Washington, State of Oregon, described as follows: Beginning at a point in the center of Bull Mountain Road (County Road No. A-147), which point bears South 000 09' West 830.2 feet and South 790 16' East 472.6 feet from the one-fourth section corner on the North line of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, County of Washington, State of Oregon; thence South 760 36' East along the center line of said road, 19.27 feet; thence North 050 24' East 289.0 feet; thence North 890 55' West 197.58 feet; thence South 020 45' West 252.8 feet to the center line of said road; thence so 790 16' East along center line, 166.68 feet to the point of beginning, Save and Except that portion of land conveyed to the city of Washington County, a political subdivision of the State of Oregon, by Deed recorded March 26, 2012 as Fee No. 2012 022422. first American>itle vi MOSSO, 4b J—) 4b 34 390 1400 LLI 1 A300 .30 AC OD '73 AC saw., 201219/83 2012-22422 7. OUNTAI N 20 b aotz- 12- O7�.O 190.13 134.;19 f".93 20.14 090 150 37 S 43 PC- rev,dev:r�CA a survey ;;OW tme and 16 V,', WOO to . "we slid If, and ojjn4rvSv*0( 8$6 nd*Aes oftwe difnenOolls, no re jy%creo" nat';ral t�w IPO'Acf lot wtj emoto d°cslmsttdrs Vne mpa3oe can 7it1e" -MIS rn to"do"Ing ewept to ,�,e CO or. retation dde0o"l."ent.It any, SOCa9e Firsteri of ew Van endorse Oefflents, "Odwwd bvto of e dista nots, Washington County Annexation Forms Exhibit No. 2 WASHINGTON COUNTY ED D MN{ 19 2020 CERTIFICATION OF REGISTERED VOTERS FOR ANNEXATION PURPOSES* I hereby certify that the attached petition for the annexation of the territory listed herein to the Citv of Tiqard contains, as of the date listed, the following information: 1 Number of signatures of individuals on petition. 3 Number of active registered voters within the territory to be annexed. 0 Number of VALID signatures of active registered voters within the territory to be annexed, on the petition. Tax lot number(s): 2S108AB01400 15345 SW Bull Mountain Rd DIVISION: ELECTIONS COUNTY: WASHINGTON DATE: March 11. 2020 NAME: Anaie Muller TITLE: Administrative Specialist 11 (Signature of Election Official) *This `Certification of Registered Voters for Annexation Purposes' DOES NOT, in any way, make the determination if this petition meets the annexation requirements of the city/district listed. Annexation certification sht rev4-043009 Department of Assessment&Taxation, Elections Division 2925 NE Aloclek Dr, Ste 170, Hillsboro, OR 97124-7523 Phone: 503/846-5800 Fax: 503/846-5810 Email:election 0)co.washinoton.or.us Website: www.co.washington.or.us/elections Aft. WASHINGTON COUNTY OREGON CERTIFICATION OF REGISTERED VOTERS FOR ANNEXATION PURPOSES* I hereby certify that the attached petition for the annexation of the territory listed herein to the Citv of Tiaard contains, as of the date listed, the following information: 2 Number of signatures of individuals on petition. 2 Number of active registered voters within the territory to be annexed. 0 Number of VALID signatures of active registered voters within the territory to be annexed, on the petition. Tax lot number(s): 2S108AB01300 15395 SW Bull Mountain Rd DIVISION: ELECTIONS COUNTY: WASHINGTON DATE: March 11, 2020 °u . NAME: Anaie Muller TITLE: Administrative Specialist II Si( tfElection Official) *This 'Certification of Registered Voters for Annexation Purposes' DOES NOT, in any way, make the determination if this petition meets the annexation requirements of the city/district listed. Annexation certification sht rev4-043009 Department of Assessment&Taxation, Elections Division 2925 NE Aloclek Dr, Ste 170, Hillsboro, OR 97124-7523 Phone: 503/846-5800 Fax: 503/846-5810 Email: election(a)co.washinaton.or.us Website: www.co.washinaton.or.us/elections 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-S 1 0 Mb ) has been checked by me and it is a true and exact description of the property under considera-ion, and the description corresponds to the attached map indicating the property. under consideration. NAME l TITLE (,7-(S �Grf DEPARTMENT CMt0C,-1W e CO"-"ay Or \/-/& � DATE 3l `�l ��99 � �.Al rY• .. r«air+..aa'�{ Y P''3 h'ia A:., .N"t.4,: z, ,+. .:•�x l;""a Ae:,y 2�._. MAR if 9 2620 %4 C 0 N YPit& 9 PHY I:curphAmastersVevisedMegal description certification.doc 15-Aug-02 EAAERI[ C) Civil Engineering ( Land Survey �.'+ ,�?2 Land Use Planning Construction Management EXHIBIT A SHEET 1 OF 2 LEGAL DESCRIPTION FOR ANNEXING 2 TRACTS OF LAND INTO THE CITY OF TIGARD Tracts of land described in Document Numbers 2007-62034 and 2007-64398, Washington County Deed Records, situated in the Northeast 1/4 of Section 8, Township 2 South, Range 1 West, W.M., Washington County, Oregon, being more particularly described as follows: Beginning at the southwest corner of Lot 2, "Brentwood Estates"; thence along the south line of said Lot 2 and its extension along the south line of Lot 2, "Wonder View Estates", S89053'27"E, 355.34 feet to the westerly right of way line of SW 153`d Avenue; thence along said westerly line, S05025'47"W, 289.15 feet, to the centerline of SW Bull Mountain Road; thence along said centerline, N76°31'13"W, 18.79 feet; thence continuing along the centerline of said Bull Mountain Road, N79016'38"W, 315.98 feet; thence along the easterly line of Tract "A" and its extension along the easterly line of Lot 1, "Brentwood Estates", N0001 1'27"E, 225.36 feet to the Point of Beginning. Containing 88,074 Square Feet. gq .✓'.nc{''b ds2�4.,..A l.k;;." R � gadL T IFIE REGISTERED --y-- PROFESSIONAL r --- LA�ND SURVEYOR (AR 0 9 2020 G?N (,'vUNTY A&T OREGON EDWARD KING PHELPS 2586 EXP/RES 12-31-20 STE. 100,6445 S.W.Fallbrook Place r Beaverton,Oregon 97008 • 503-746-6812 1 TEL • 503-639-9592 1 FAX www.emeriodesign.com BY--- \J-- MAR 0 9 2020 REGISTERED CARTOGRA °� PROFESSIONAL LAND SURVEYOR Y tiJ/ E OREGON JANUARY 19, 199.3 EDWARD KING PHELPS 2586 EXPIRES 12-31-20 ,SP SCALE. 1" = 100' POINT OF BEGINNING LOT 2 LOT 2 A "BRENTWOOD "WONDER VIEW ESTATES" ESTATES" S89 5327"E 355.34' DOCUMENT NO. DOCUMENT NO. M 2007-62034 2007-64398 zn LOT 1 cry I 1 I "BRENTWOOD ESTATES" W 88,074 SQ FT Z TRACT "A" 3 "BRENTWOOD ESTATES" ZY. �i S W. BUBO MD NTAIN RD 15 98 /V7g. - Ap 31'13"Ly 18 79 TIED PROJECT NO. 3084010 ANNEXATION DATE: 3-5-2azo fit✓ BY: EKP 6445 SW FALLBROOK PL SUITE 100 GRAHAM COLTON SCALE: P�100' BEAVERTON. OREGON 97008 (803) 746_8812 TIGARD, OREGON SHEET NO. 2 OF 2 �y 2S108AB •46A x C 2p 40 AG .Cn '.!�• IIF 1Nsw 2N4N' WAc' og ®® p I ' TR' 4/00V 4WD A �F 10 1fiAL: "4' ,. .'ECAC. -iNiw'' '.ip4ly; ',fN.1YR, 1N2Yi(. . f yAt b,, - �.. 8' 2�3 78_ 3: STN r< `�•151N'- la N• r« �P IJ` I''. ,q 49(10 SIN •, 8 11 .� ?a 4500 Lu SW CACHE \ 101 ,.,,. .-.'` . 312 1CREEKLANE �) = "°°� Z WASHINGTON COUNTY OREGON :..'• "i��r+fi'; `, Q ; NW 114 NE 1/SCALE SECTION 800 S R1W W.M. yd•.,' ;a,m ZLI 2 X66 ^" o -« q 3, .. 5100 �Q 3 29Ac ;g y /3N' ,s1.' 34+ .ss' 'ss. .l3. �'9i' .?1' 13 s. x d.' 4300 ,am ♦ • `� £ 2SSAC ]1000 .STAG & 102 �aA,11 dA 100 q" 52(X1 i/) 'MAC Y' g LMAC ,9z 3 14 - •�, ,. ,r"a 1 `; 720011004 to —AG a to kc) 4100 '.fi': "'3,• 5.9011 LLI^� I F• 3 3 - .,xi "' - m e:. ��.,'�� �;; T2s y '.,».� L'Q / 29 Ac5400 >. F 4000 F FOR ADDITIONAL MAPS VISIT OUR WE1361TE AT LLl 11` Y•- .� r� / u ^u. 1001 300 .B664 �� co a.} rzAC °x X 10 y L SAL,. Uq 3800 (V r WAt 23=78 y A W� , em � «„m S •� ,. �JA 30 Ac �j C 1300 -i B� 'BC�- � 87,E�. :•�� M T1 AC 1400 Z Ile, .. - ILS AC W 8 400 5 .•A TRP ^I _ 700m�'`4' _Qa ]snc �a - wa 1503 .. <i<a. 3]AC z�x LAK ;, ol�I.. 7 q Gecallatl 7axbt9 Fa: 23903AS 64 AC901t80lte0],tp01/BYJ.Iwt.t808,tT00,12DC.1201 MAC a 210o -SzFc .B 49Ac C. 9 .,'2y K 17 Feet Cr! 8 3500 1� '^ �8 9]Ac 50 100 200 300 WAC7m��,,, aam 2900 G 3400 W; 1900 \ba9�-� 1901 `gy 3f �4 tX a9 AC cyh - rlr MD I0 A �1�e _ SAC r +$ r (% �Assassra®rpt •`. x,wo; .. " ,< a+al / yc aSae A _.�.,<. x 24ou $f ,< �, a YSiiiirr `E t- - CAr GWPW 40AC' 9fAC,- D TMC_•e' 3 3 A A 9.. RI b 3300, a A>0 ��� 6';oLtp�p;J W. F4 TRACT' io;as 1'4,,: m •k4c' `'-�a9�,�` It 11X1$ '- S'a a SW °ARLENE CANE 3 Q- - _ bnm I +5 e2At 1903 mm w y 3200 WAC S 1302 g R l i 8 171 13 S1901 1DOA S aO PLOT DAT E:3,1312019 1T AC E 2500 7008123003 ter Nnc k " SMENT PtAi 3 R D I ew a ,g.' .1+>e.ric'''. , FORASSES POSES _R B_—_ 9, ,,2 ,?ato 30001<A& Y 31200 3i .T• x ONLFOR OTHER USE -DO NOT RELY ON r 5w fw ,.� 1ti� e,uo ''cilil"• id'r4' 'M'ih"' - t ,7.,,..vw�,��„ oa<we c' 9 a. t _ •, s{ $ .rap"' ..;y,<,A `1<"0<.'�. mo •.n5-m - .�� :3*", .. , ,. ., �� -:'e"• �.Me: x.Vii:(.�f�''.�'r� x.., ,. .. ''. .d1u. ., .. :',t(',.A•9..•�-.: � ��<Oun'� ��\�N�'Y't�ar S GARD A S 9 a 9w W P. KPLACE 108AB imanlce y , W. W a - �"�lP THIS SECTION IS TO BE COMPLETED BY WASHINGTON COUNTY ASSESSOR'S OFFICE CERTIFICATION OF PROPERTY OWNERSHIP (Double Ma�crityMethod) I hereby certify that the attached petition for annexation of the territory-described therein to the City of Tigard contains the names of the owners of a majority of the land area of the territory to be annexed, as shown on the 'last available complete assessment role. NAME: �� TITLE: G-fS ---7!` DEPARTMENT: C w�K`t _ 1-4,AR 6 9 29 0 COUNTY OF: \,.A5 He 0,,G._0/ 4;� f A 'I DATE: 3 /(� 40 * indicates that"Own:r"means th_owrer of the Citic to real pr�perryor the contrla p•m�aser of re:J properr- 'PHIS SECTION IS TO BE C:OMPLE"TED BY WASHINGTON COUNTY ELECTIONS OFFICE CERTIFICATION OF RE GIS'ITRED VOTERS I hereby certify that the attached petition for annexation of territory described herein to the City of Tigard conwins the names of at least a majority- of the electors registered in the territory to he annexed. NA�'VIE: TITLE: DEPARTMENT: _ COUNTY OF: DATE: iAcurpin\rrastersvrviseJ\cerrLyrrut 15-A-,g-02 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the unders�i ned oxvner(s) of the property described below and/or elector(s) residing at the referenced locations ,hereby petition for, andgive consent to,Annexation of said property to the City of'1'igard. We understand that the City u��review 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 _�_OF OV-Property Owner&Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO ( RV ( OV ADDRESS 'Township/ I II Tag Lot Precinct DATE r { 1 Section Number Number Numbc iq u Pu iu - _ i I � �wwriunminnnni mu n ilio mougin!,LII!.Illld! 1-�; 1 PXS t4#,O ry ✓�i Q�n rF�� t/ !S�_� ,8 t�M,c,/`�"' i2�.� �i�B !�O } N/� _- l 1 I I I I I I i:\ctuFln\m:ster€\rcriscd\an�(xtrt.trizt 2&-Jen-UtS 310P62o 5-3VCsLIJ 3 )J/ A4odc,4an4 rS TO THE COUNCIL OF TIIE CITY OF TIGARD,OREGON: we, cl owners) of the propertydescribed below and/or elector(s)-residing at the referenced k at* s:,hereby �iettttoxt for 'Vac seize to, Atinexatton of said property to the i of Tigard. Wi understand that the City v review this r quest imacco�nce.vvith ORS Ghaptex 222 and appl�ca`Eal+e egicx�al an local pciltaes prior to approving or deftying the request for At vexation. LEGEND. PO-Property Owner RV-Reotered Voter PA GE a OF OV-Property Owner&R ed Voter I AMA PROPERTY DESCRIP"T ION SIGNA'T'URE PRIMPED NAME ry RVI ©V ADDRESS Tow"W � M Taa Lot it Pmd . DATE Dumber .Number !1111JlL■'1■!!!II i'.!!1!°"'+■■'�■''�+'■Ill!!! 'I,Jl.!.II,!,191,UlJSJJL7,lJ'LLLl.11!!lI.IUILllII!l1ll.11,l!VI1LeJAJ _ EL ■!W_!!L"■U'JI1119.,.I1L„!!.L'LL_!! !A.11 JOHNI!d IIU.IIIIIIIIIIIII lllllllllLIIIIIIJIII!!l!i iel!!U!lJIIVJI!I, WtUtltieE TSR F,p¢ / irett� 15.��+13'_sit!$tri 11e ✓I TQ�' �t�'�.3� ✓ 5, , � r i�S/ 8`�4-B l�Ci,p� F ,uu�t G2rt.SLr �/ Roa■p: TT6�PAIP 9rzT� r1 ,. V j 1 11....Li,n.....,,!!.IiJIl1lIIIl16l�,IIiL.. �� �lll Illllll.11-. ' �� �°°�°1°'U...IWlL.._�!'�'9U'1'!!lUn�,!!11911L.!dL.'l...L_�'u'+���i�'n'� ����■�■!!lIIl11L.1„!'�, f:t^”`t^"�fl09E6tYS1,teYi✓CEI��n'1E�Ctfti.Tffit �-�YR•(1({ -3111 12020 I53aS 2 1/a �1� Vole DOUBLE MAJORITY WORKSHEET FOR ANNEXATION TO THE CITY OF TIGARD ` Please list all properties/registered voters inchuled in the proposal. (if needed, use separate sheets for additional listings) **PROPERTIES"11 PROPERTY DESIGN.A,-nON (Tax NAME OF PROPERl'Y OWNER TOTAL ASSESSED VALUE OF SIGNED Lot Numbers) ACRES THE PROPERTY TE n'110N 2S1 08AB 1300 N i-fu .7o Fe l i- '_1 CD r+c5e- 0.71 $238,450 ✓ 2S1 08AB 1400 'TeMsm {.�-� ���Q.✓� 1.09 $379,900 TOTALS: 110 1 P', 35-0 3 "REGISTERED VOTERS' ADDRESS OF REGISTERED VOTER NAME OF REGISTERED VOTER SI(JNF.D PETIT YES NO NO NJ C, -�SLUAMARY' i.-\curpin\matters\mviued\aiLxwksht.mst 15-Aug-02 TOTAL NUMBER OF REGISTERED VOTERS IN THE PROPOSAU-0 _ INUaER OF REGISTERED VOTERS WI IO SIGNED PE11-nON:____0 PF.R,NTAGE OF REGISTERED VOTERS WI IO SIGNED PF.nTION• TOTAL ACREAGE IN TI IE PROPOSAL: 1.80 acres T_ ACREAGE SIGNED FOR, 1 R O(),areS – PERCTNIA(,E OF ACREAGE SIGNED FOR _ TOTAI. NUMBER OF SINGLE--FAMILY UNITS: 2 - TOTAL Nt3MBEROI'MULTI-I-tML`.'UNI'IS:�_ -- TOTi'1I.NU 4BF.R OF CC)I\D ERIAL STRUCIURES: 0 TOTAL NbMBER of INDUSTRIAT S'TRU(`TURES_0- _ _ Findings for Land Use Approval Exhibit No. 3 March 19, 2020 MAR 19 20207� f i GARD /�-NGIN�`R1NG APPLZCANT ' S STATEMENT APPLICANT: Graham Colton Kemmer Ridge, LLC 8030 SW 8t" Avenue Portland, OR 97219 OWNERS: Vito & Felicity Cortese (TL 1300) 11856 SW 175th Avenue Beaverton, OR 97007 Teresa Hilliard (TL 1400) 1415 Loveland Madeira Rd., Apt. 5 Loveland, OH 45140 APPLICANT'S REPRESENTATIVE: Danelle Isenhart, AICP Isenhart Consulting, LLC P.O. Box 2364 Beaverton, Oregon 97075 REQUEST: Annexation of 2 properties on SW Bull Mountain Road, for future subdivision application SITE LEGAL DESCRIPTION: Tax Lots 1300 & 1400; Tax Map 2S1W 08AB Washington County, Oregon ADDRESS: 15345 & 15395 SW Bull Mountain Road SIZE: 88,074 sf LAND- USE DISTRICT: R-7 (upon annexation) Bull Mountain Summit -Annexation Page i of 11 I. APPLICABLE REGULATIONS A. City of Tigard Comprehensive Plan B. City of Tigard Title 18: Community Development Code Chapter 18.710 Land Use Review Procedures Chapter 18.720 Annexations C. Metro Code Chapter 3.09 D. Oregon Revised Statutes Chapter 222 II. AFFECTED JURISDICTIONS Domestic Water: City of Tigard Drainage: City of Tigard and Clean Water Services Erosion Control: City of Tigard Fire Protection: Tualatin Valley Fire and Rescue Parks: City of Tigard Police Protection: City of Tigard Schools: Tigard School District Sewer: City of Tigard Streets: City of Tigard Water Quality/Quantity: Clean Water Services III. PROJECT SUMMARY: The applicant is requesting the annexation of two properties that total 88,074 sf on SW Bull Mountain Road. The subject property is identified by the Washington County assessor as Tax Lots 1300 and 1400 of Tax Map 251-08AB. It is further identified as 15345 and 15395 SW Bull Mountain Road. The existing dwellings will be removed in the future for the future 11-lot subdivision. The abutting properties within the City of Tigard are all within the R-7 District. Upon annexation this site will be zoned R-7 in the City of Tigard. The site has frontage on SW Bull Mountain Road and SW 153rd Avenue. All necessary utilities (i.e., power, sanitary sewer, water, etc.) are presently available to the site. The water and sanitary sewer utilities are in the city's jurisdiction; therefore, annexation to the City is required due to future development (subdivision) tying into the existing city utilities. Bull Mountain Summit-Annexation Page 2 of 11 IV. FINDINGS A. CITY OF TIGARD COMPREHENSIVE PLAN COMMENT: Except where required by the City of Tigard Community Development Code, this application is not required to address the city's goals and policies related to the development of land, since the City of Tigard Comprehensive Plan is implemented by the code. GOAL 14- URBANIZATION 14.1 Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. Policies: 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or S. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. Recommended Action Measures: ill. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. COMMENT: The proposed annexation is requested as the future 11-lot subdivision will be required to connect to City water and sewer. 14.2 Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. Policies: 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. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: Bull Mountain Summit-Annexation Page 3 of 11 A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 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; S. 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. 5. The City shall maintain its right to annex property as allowed by state statute. 6. The City shall periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. COMMENT: Per Table 18.720.1, the site will be zoned R-7 by the City of Tigard upon approval of the annexation. The site is currently in the R-6 zone in Washington County. The proposed annexation is requested as the future 11-lot subdivision will be required to connect to City water and sewer. Adequate water is available in SW Bull Mountain Road. A new (replaced) water line will be provided in SW 153rd Avenue, per City comments, with the subdivision application. Adequate sanitary sewer is available in SW Bull Mountain and in a public sewer line within an easement on the adjacent property to the west. Engineering design will determine the best connection based on depths of pipes. Stormwater design will be provided with the subdivision application with a storm facility within a tract in the subdivision. Applicable State statutes are addressed below. The site is adjacent to city properties to the north and west. B. CITY OF TIGARD TITLE 18: COMMUNITY DEVELOPMENT CODE CHAPTER 18.710: LAND USE REVIEW PROCEDURES SECTION 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 applications are exempt from a pre- application conference. COMMENT: A pre-application conference was held on February 18, 2020 with the City of Tigard staff. The annexation is a Type III-modified application and a pre-application meeting is required. This standard is satisfied. Bull Mountain Summit-Annexation Page 4 of 11 C. Application submittal. 1. Applications may be initiated by: a. All of the property owners or, contract purchasers of the subject property, or any agent authorized to represent the property owners or contract purchasers. Easement holders are not considered owners for this section. If the subject property was divided without a partitioning or subdivision approval required by law at the time of the division, an application for approval of the land division may be filed by the owner, contract purchaser, or representative of 1 of the units of land created by the division; b. The Director; c. Tigard City Council; d. Tigard Planning Commission; or e. A public entity that has the right of eminent domain for projects the entity has the authority to construct. COMMENT: The application for the annexation has been initiated by the property owners and the contract purchaser (applicant). This standard is satisfied. 3. The application shall include, at a minimum, the following items. The Director may waive items listed if they are not applicable to the proposed application. a. Application form, including signature of the property owner or public agency initiating the application. b. Deed, title report, or other proof of ownership. c. Detailed and comprehensive description of existing site conditions, all existing and proposed uses and structures, including a summary of all information contained in any site plans. d. Narrative that demonstrates how the proposal meets all applicable approval criteria, regulations, and development standards. e. Site plans, landscape plans, grading plans, elevation drawings, preliminary plat, final plat, or similar to scale. f. Any other materials required by a specific land use application. g. Any required service provider letters, including, but not limited to, Clean Water Services, waste disposal company, or other entity. h. Any required studies or reports, including, but not limited to, a traffic impact analysis, wetland delineation report, or geotechnical report. 1. Copy of any existing and proposed restrictions or covenants. j. Payment of all fees, based on the fee schedule in effect at time of submittal, as adopted by city council. k. Copy of the pre-application conference notes, if applicable. 1. Copy of the mailed neighborhood meeting letter, the mailing list, affidavits of mailing and posting, copy of the meeting sign-in sheets, meeting minutes, and any handouts provided at the meeting, including the site plan, if applicable. Bull Mountain Summit-Annexation Page 5 of 11 COMMENT: The required application form for this annexation application has been included with this submittal. This application addresses the applicable requirements for approval of an annexation in the City of Tigard Community Development Code, and other applicable codes. The required fee for annexation has been submitted with this application. This standard is satisfied. CHAPTER 18.720: ANNEXATIONS SECTION 18.720.030: APPROVAL CRITERIA A. ADDroval 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 2. The annexation is in the city's best interest. COMMENT: Metro Code 3.09 is addressed below. The annexation is in the city's best interest as the properties are contiguous with other city properties to the west and south. The annexation and future subdivision will provide utility improvements to the city system that will allow for future development to the east and north. Annexation of the 2 properties will bring the City a larger tax base as well. The proposed subdivision is for 11 lots. This criterion is satisfied. S. Assianment of comDrehensive Dlan and zonina desianations. 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 .lune 29, 2001, Figure 4 Adopted Zoning Designations. COMMENT: The site is in the R-6 zone in Washington County. The surrounding properties are in the R-7 zone in the City. The site will be zoned R-7 in the City upon annexation. The comprehensive plan designation will be Medium Density Residential. This criterion is satisfied. Bull Mountain Summit-Annexation Page 6 of 11 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. COMMENT: Per Table 18.720.1, the site will be zoned R-7 by the City of Tigard upon approval of the annexation. The site is currently in the R-6 zone in Washington County. C. METRO CODE CHAPTER 3.09: LOCAL GOVERNMENT BOUNDARY CHANGES SECTION 3.09.040: REQUIREMENTS FOR PETITIONS A. A petition for a boundary change must contain the following information: 1. The jurisdiction of the reviewing entity to act on the petition; 2. A map and a legal description of the affected territory in the form prescribed by the reviewing entity; 3. For minor boundary changes, the names and mailing addresses of all persons owning property and all electors within the affected territory as shown in the records of the tax assessor and county clerk; and 4. For boundary changes under ORS 198.855(3), 198.857, 222.125 or 222.170, statements of consent to the annexation signed by the requisite number of owners or electors. COMMENT: This annexation application includes the map and legal description of the territory to be annexed and all forms signed off by Washington County (see Exhibit 2). The owner information for both properties are on the application forms for this minor boundary change. This standard is satisfied. SECTION 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: 1. The extent to which urban services are available to serve the affected territory, including any extra territorial 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. Bull Mountain Summit-Annexation Page 7 of 11 C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. 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. COMMENT: After the application is deemed complete, City staff will arrange for the hearings for this proposed annexation application. Applicable ORS Statutes are addressed below. This standard is satisfied. D. OREGON REVISED STATUTES CHAPTER 222: BOUNDARY CHANGES; MERGERS; CONSOLIDATIONS; WITHDRAWALS 222.111: AUTHORITY AND PROCEDURE FOR ANNEXATION; SPECIFYING TAX RATE IN ANNEXED TERRITORY (1)When a proposal containing the terms of annexation is approved in the manner provided by the charter of the annexing city or by ORS 222.111 to 222.180 or 222.840 to 222.915, the boundaries of any city may be extended by the annexation of territory that is not within a city and that is contiguous to the city or separated from it only by a public right of way or a stream, bay, lake or other body of water. Such territory may lie either wholly or partially within or without the same county in which the city lies. (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. (3)(a) Except as provided in paragraph (b) of this subsection, the proposal for annexation may provide that, during each of not more than 10 full fiscal years beginning with the first fiscal year after the annexation takes effect, the rate of taxation for city purposes on property in the annexed territory shall be at a specified ratio of the highest rate of taxation applicable that year for city purposes to other property in the city. (b) For purposes of paragraph (a) of this subsection, a proposal for annexation initiated by the legislative body of a city may provide for a duration of not more than 20 full fiscal years. (c) The proposal may provide for the ratio to increase from fiscal year to fiscal year according to a schedule of increase specified in the proposal, but in no case may the proposal provide for a rate of taxation for city purposes in the annexed territory that exceeds the highest rate of taxation for city purposes applicable to other property in the city for the current year. (d) If the annexation takes place pursuant to a proposal providing for taxation at a ratio, the city may not tax property in the annexed territory at a rate other than the ratio that the proposal authorizes for that fiscal year. Bull Mountain Summit-Annexation Page 8 of 11 (e) Notwithstanding paragraph (d) of this subsection, during the term of fiscal years provided for pursuant to paragraph (b) of this subsection, the ratio shall be 100 percent for property that is sold or transferred to new ownership, beginning with the first property tax year that begins after the sale or transfer. (4)(a) When the territory to be annexed includes a part less than the entire area of a district named in ORS 222.510, the proposal for annexation may provide that if annexation of the territory occurs the part of the district annexed into the city is withdrawn from the district as of the effective date of the annexation. (b) Notwithstanding paragraph (a) of this subsection, if the affected district is a district named in ORS 222.465, the effective date of the withdrawal of territory shall be determined as provided in ORS 222.465. (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. (6) The proposal for annexation may be voted upon by the electors of the city and of the territory simultaneously or at different times not more than 12 months apart. (7) Two or more proposals for annexation of territory may be voted upon simultaneously, but in the city, each proposal shall be stated separately on the ballot and voted on separately, and in the territory proposed for annexation, no proposal for annexing other territory may appear on the ballot. COMMENT: Both properties proposed for annexation are contiguous to the city limits. The proposed annexation has been initiated by the owners of the two properties to be annexed. City staff will arrange for the hearings for this proposed annexation application. These hearings will be less than 12 months apart. 222.125: ANNEXATION BY CONSENT OF ALL OWNERS OF LAND AND MAJORITY OF ELECTORS; PROCLAMATION OF ANNEXATION The legislative body of a city need not call or hold an election in the city or in any contiguous territory proposed to be annexed or hold the hearing otherwise required under ORS 222.120 when all of the owners of land in that territory and not less than 50 percent of the electors, if any, residing in the territory consent in writing to the annexation of the land in the territory and file a statement of their consent with the legislative body. Upon receiving written consent to annexation by owners and electors under this section, the legislative body of the city, by resolution or ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. Bull Mountain Summit-Annexation Page 9 of 11 COMMENT: The owners of the property proposed to be annexed have signed the petition of annexation forms and have had them reviewed and verified by Washington County. All three property owners have signed the applicable forms. The residents of the properties are renters and some are registered voters in Oregon. The tenants have not been asked to sign the annexation application paperwork as they are not owners. City staff will arrange for the hearings for this proposed annexation application. 222.127: ANNEXATION WITHOUT ELECTION NOTWITHSTANDING CONTRARY CITY LAW UPON PETITION OF ALL OWNERS OF LAND; DECLARATION OF ANNEXATION (1) This section applies to a city whose laws require a petition proposing annexation of territory to be submitted to the electors of the city. (2) Notwithstanding a contrary provision of the city charter or a city ordinance, upon receipt of a petition proposing annexation of territory submitted by all owners of land in the territory, the legislative body of the city shall annex the territory without submitting the proposal to the electors of the city if: (a) The territory is included within an urban growth boundary adopted by the city or Metro, as defined in ORS 197.015; (b) The territory is, or upon annexation of the territory into the city will be, subject to the acknowledged comprehensive plan of the city; (c) At least one lot or parcel within the territory is contiguous to the city limits or is separated from the city limits only by a public right of way or a body of water; and (d) The proposal conforms to all other requirements of the city's ordinances. (3) The territory to be annexed under this section includes any additional territory described in ORS 222.111 (1) that must be annexed in order to locate infrastructure and right of way access for services necessary for development of the territory described in subsection (2) of this section at a density equal to the average residential density within the annexing city. (4) When the legislative body of the city determines that the criteria described in subsection (2) of this section apply to territory proposed for annexation, the legislative body may declare that the territory described in subsections (2) and (3) of this section is annexed to the city by an ordinance that contains a description of the territory annexed. COMMENT: The owners of the property proposed to be annexed have signed the petition of annexation forms and have had them reviewed and verified by Washington County. All three property owners have signed the applicable forms. The territory is within the urban growth boundary. The territory will be (upon annexation) subject to the comprehensive plan of the City of Tigard. Both properties proposed for annexation are contiguous to the city limits. The proposed annexation conforms to all other requirements of the City's ordinances, as addressed in this application. This criterion is satisfied. 222.170 ANNEXATION BY CONSENT BEFORE PUBLIC HEARING OR ORDER FOR ELECTION; PROCLAMATION OF ANNEXATION. Bull Mountain Summit-Annexation Page 10 of 11 (1) The legislative body of the city need not call or hold an election in any contiguous territory proposed to be annexed if more than half of the owners of land in the territory, who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land in the territory and file a statement of their consent with the legislative body on or before the day: (a) The public hearing is held under ORS 222.120, if the city legislative body dispenses with submitting the question to the electors of the city; or (b) The city legislative body orders the annexation election in the city under ORS 222.111, if the city legislative body submits the question to the electors of the city. COMMENT: The proposed properties for annexation are contiguous with existing city properties. All existing owners of the properties (3 owners) have signed the applicable application forms for the annexation. Therefore, an election is not required for the proposed annexation. City staff will arrange for the hearings for this proposed annexation application. This criterion is satisfied. V. SUMMARY AND CONCLUSIONS Based upon the findings of this report and the submitted supplemental graphics material, the applicant has demonstrated compliance with the requirements of the relevant sections of the City of Tigard Community Development Code and other applicable codes for the requested annexation. Therefore, the request should be approved. Bull Mountain Summit-Annexation Page 11 of 11 Pre-application Meeting Notes Exhibit No. 4 7 717- -INIED 'q City of Tigard MAR 19 2020 Pre-Application Conference Notes Residential Developments GINEERNC Meeting Date: February 18, 2020 PRE2020-00007 Applicant: Danelle Isenhart, Isenhart Consulting,LLC Contact: (503) 880-4979/ dan ell e(—(t),i sen liartconsul tin L,.c o1n. Property Locations: 15345 and 15395 SW Bull Mountain Road;WCTM 2S108AB,Tax Lots 1300 and 1400 Proposal: Annex two (2) lots into City of Tigard for 11-lot subdivision for single detached houses Base Zone: Upon annexation,R-7 (Medium-Density Residential) Sensitive Lands: No Overlay Zone: No Plan District: 0 Yes 0 No If yes,which plan district: N/A Required Applications: Annexation(Type 111-Modified),Subdivision(Type 11),and Adjustment(Type 11) for cul-de-sac longer than 200 feet Planner: Una Smith Contact: (503) 718-2438/ Awlicable Chapters 18.110 Residential Zones 18.290 Single Detached Houses 18.410 Off-Street Parking and Loading 18.420 Landscaping and Screening 18.710 Land Use Review Procedures 18.715 Adjustments 18.720 Annexations 18.830 Subdivisions 18.910 Improvement Standards 18.920 Access,Egress, and Circulation 18.930 Vision Clearance Areas Land Use Application Review Process 18.710 Land Use Review Procedures The Annexation application is subject to a Type III-Modified procedure, as provided in Section 18.710.080. The annexation requires two public hearings: one before Planning Commission, and one before City Council. The approval authority is City Council, with an initial hearing and recommendation by Planning Commission,and the appeal authority is the State of Oregon Land Use Board of Appeals (LUBA). Review the complete procedures in Chapters 18.710 and 18.720. Annexation application requirements. Please submit one (1) copy of each item: • Completed Master Land Use Application Form • Copies of property tides or deeds • Property surveys and legal descriptions • Narrative addressing applicable approval criteria in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard,Tigard Comprehensive Plan,Metro Code Chapter 3.09,and Oregon Revised Statutes Chapter 222 • Annexation forms (city staff will e-mail to applicant) • Application fee: Refer to Fee Schedule The Subdivision and Adjustment applications are subject to a Type II procedure, as provided in Section 18.710.060. The approval authority is Community Development Director, and the appeal authority is the Hearings Officer. Review the complete procedures in Chapter 18.710. • A neighborhood meeting is required for the Subdivision application. • For submittal requirements,refer to Section 18.710.030.0 and the pre-application packet. Applicable Standards 18.110 RESIDENTIAL ZONES Applicable Zone: R-7 (Medium-Density Residential) 18.290 SINGLE DETACHED HOUSES A short summary of development standards for single detached houses is outlined below. Refer to Table 18.290.1 for the complete development standards. STANDARD R-7 Minimum Lot Size 5,000 sq.ft. Minimum Lot Width 50 ft. Minimum Setbacks -Front 15 ft. - Street Side 10 ft. - Side 5 ft. - Rear 15 ft. - Garage 20 ft. Maximum Height 35 ft. Maximum Lot Coverage 80% Minimum Landscape Area 20% Minimum Parking 1 off-street vehicle parking space per house Minimum and Maximum Density Refer to Sections 18.40.020 and 18.40.130 for calculating density 18.420 LANDSCAPING AND SCREENING Req-uired Tree Canopy (Section 18.420.060): • Minimum tree canopy for the entire site: 40% • Minimum tree canopy per lot: 15% • Minimum number of street trees: Determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street trees is the nearest whole number. An Urban Forestry Plan must be coordinated and approved by a project landscape architect or project arborist, i.e. a person that is both a certified arborist and tree risk assessor. The plan must include the following: • Tree preservation and removal site plan—Section 10,Part 1 of Urban Forestry Manual • Tree canopy site plan—Section 10,Part 2 of Urban Forestry Manual • Supplemental report—Section 10, Part 3 of Urban Forestry Manual 18.715 ADIUSTMENTS See attached document for approval criteria. 18.720 ANNEXATIONS Applicant's narrative must address applicable approval criteria in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard, Tigard Comprehensive Plan, Metro Code Chapter 3.09,and Oregon Revised Statutes Chapter 222. 18.910 IMPROVEMENT STANDARDS A cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern,or strict adherence to other standards in this code preclude street extension and through circulation (Section 18.910.030.L): • All cul-de-sac shall terminate with a turnaround. Use of turnaround configurations other than circular shall be approved by the City Engineer;and • The length of the cul-de-sac shall be measured from the centerline intersection point of the 2 streets to the radius point of the bulb. • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. 18.920 ACCESS. EGRESS AND CIRCULATION, Table 18.920.1 Housing Type Minimum Minimum Access Minimum Pavement Driveways Required Required Width Single Detached 1 10 ft. 10 ft. Houses 18.930 VISION CLEARANCE AREAS Vision Clearance Areas must be maintained between 3 and 8 feet in height at intersections of streets with driveways,railroads,and other streets. • The size of the vision clearance area depends upon the abutting street's functional classification and any existing obstructions within the vision clearance area. • Vision clearance areas must be shown on the site plan, and any obstructions in these areas must be identified. Service Provider Letters The following service provider letters are required with your land use application submittal: ® Clean Water Services ® Pride Disposal Additional Information ENGINEERING REOUIREMENTS (Chanter 18.910 and 18.9201 All requirements relating to street and utility improvements are provided in the Engineering Checklist. DEVELOPMENT PERMITS Development permits will not be accepted until a land use approval has been granted. Comments from the Building Division are not included in these notes. For specific questions,please contact the Building Division at (503) 718-2439 or for any Building Code related questions or issues. Final inspections will not be granted until all land use conditions of approval are satisfied. REGULATED AFFORDABLE HOUSING SDC EXEMPTION If the proposal includes regulated affordable housing, the development may be eligible to receive an exemption of the City's Transportation and Park System Development Charges(SDC). Please contact the SDC Administrator at 503-718-2460 or sdcO)tigard-cn-gm, for more information. DISCLAIMER The pre-application conference and notes cannot cover all applicable requirements related to the proposed development. Failure of city staff to provide information required by Title 18 does not constitute a waiver of the applicable criteria, regulations, or standards. It is recommended that the applicant read Title 18 or contact city staff with any questions prior to submittal. EXHIBIT A City Council Draft Proposed Code Amendment unit used to meet the standard of Paragraph 18.710.120.C.2, except as housing that meets that standard,for a period of 60 years from the date of the certificate of occupancy. Chapter 18.715 ADJUSTMENTS 18.715.040 Approval Process An adiustment-Adj*4ffetit-applications.afe is processed through a Type I1 procedure as provided in Section 18.710.060.(Ord. 18-28 §1) 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstratins substantial compliance. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; and a. Has only minor impacts on surrounding properties or public facilities;or b. Addresses a site constraint or unusual situation;or c. Utilizes innovative design or results in sustainable development de,telepr w. .t that is gar 1 afea and the ever-all pufpese of the base zone; 3--T�e Frep-caci adjustment t4iliges ifineveAive design, results in sus4aiffable develepment, of addresses a -rit 2 unusual-sitestierr 24. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 3. If the proposed adjustment addresses a site constraint or unusual situation. utilizes innovative design. or results in sustainable development. anv impacts from the proposed adjustment are mitieated to the extent practicable:and 4. If more than one adiustment is proposed, the cumulative effect of the adiustments results in development that is eenerally consistent with the existing development pattern of the surroundine area and the overall purpose of the base zone. Chapter 18.720 ANNEXATIONS 18.720.020 Approval Process Omnibus Amendments Page 32 of 39 Y PRE-APPLICATION MEETING INS A ENGINEERING SECTION Q ekyeTwK*am Community Development SkapbWASBs WComxmity DATE: 'Tuesday. February 18.2020 PROJECT NAME: Bull Mountain Subdivision CASE NUMBER: PRE2020-00007 PROJECT ADDRESS: 15345 & 15395 SSV Bull Mountain,'I'igard, OR 97223 PROJECT DESCRIPTION: Annexation and 11-lot subdivision for detached single-family homes. L.xisting dwellings to be removed. New street for access to all new dwellings. TRANSPORTATION • SVI Bull Mountain �k o l;xisting Conditions • Number of lanes and width varies • Classified as collector street o Required Section • Half width improvements • See figure 18.910.2 of'1'DC; 18.910 ■ Dedicate 37'of right-of-way from centerline • 1 lalf width turn lane (6') • 11'lane • 6' bike lane • 14' sidewalk/planter strip • SW 153rd Ave o Existing Conditions ■ Classified as Local Street o Required Section ■ half width improvements * See figure 18.910.4 ■ Dedicate. 27' of right-of-way from centerline • 16'paved surface with curb • 11' sidewalk/planter strip • New Street(Name TBDj o Required Section per table 18.910.1 o Minimum spacing for local streets along a local street is 125 feet. • Provide 8'Public Utility I?asement along all street frontages. CITY( F T1GARD F.ngincerinh Division,2020 STORMWATER • 1?xisting M'S Storm Sewer along Bull Mountain Road • Improvements: o Stormwa ter systems shall be designed and constrUcte(1 meeting.>,(,VIS Design and (;onstruction Standards including water quality,detention,hydromodification and 1,11M. WASTERWATER (SANITARY SEWER) • l,,xisting(:WS Sanitary Sewer along;Bull Mountain Road WATER • 0ty of Tigard 12" DII'located along Bull Mountain Road OVERHEAD UTILITIES • Fxisting overhead utilities and proposed utilities must be removed and placed underground. GRADING AND EROSION CONTROL • A grading and erosion control permit will be required for the construction of the development PREPARED BY: Toe Wisniewski DATE:2/14/2020 ENGINEERING DIVISION STAFF (:11Y OP TIGARD I Ai pnccring I)ivvon,2020 Figure 18.910.2 Collector Sample Cross Sections [I] AMU 2 Lam 58,R,RW %4, tArr r� 74 3 LA"70'.U,RM ktl AMW AMOK AM fA- S LAN". RW [1] Parking is allo-%xred on collectors within the doumtoiwl urban renei%val district. Bike lane requirements on these same collectors shall be determined by the City Engineer. Loral Residential Street 1500 A. Standard—-- (sample') B. Skinny Street Option(criteria) ;7t (,,)tl OFeet lkvi Iry If patkng On both Wdo's ('Atelia WoV4 jenoth not to @�rpeO 6N)toof * Traffic flow plan must be subrntried and approved • Not appropriate tot sums serving more than 1,000 xpd • No parking pe matted withm 30 feet of an uttersection • Apptcptaw adjacent to single detached house development grtly CHY OF'I'lGARD Engineering Dwwon,2020 Figure 18.410.5 _..... Uwal Residential Street 500 A, Shoidird B Skinny Sttcct Option(critctin) i,.✓°r Residential local Street]Cui-de•sac C ntena • Traffic(lois plan must be submi"ed anti appimod • Not apptoprrate for streets arty-uip more than 500 iTA • No parking penwtied ANithm y0 fret of an intersection • Apptopnate adtacrnt to single drtached house dr%elopmmt tmh • Must provide a nummum of 1 o$-suret parking space for evert•20 feet ofrestrrcted sweet fromaee C fY f F.I lGARD I mginccnng Dwiv„n,2020 www.tvfr.com Tualatin Valley Fire & Rescue February 21, 2020 Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Bull Mt. Subdivision Tax Lot I.D: 2S108AB 1300 & 1400 15345 & 15395 SW Bull Mt. Rd. Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the pre-application meeting held on February 18, 2020. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDINGS AND FACILITIES: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (OFC 503.1.1)The cul-de-sac shown is less than the required 96 foot diameter with turning radii of 28'inside 48'outside. 2. DEAD END ROADS AND TURNAROUNDS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams can be found in the corresponding guide. httr)://www.tvfr.com/DocumentCenterNiew/1438 (OFC 503.2.5 & D103.1) 3. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet(26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1) 4. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read"NO PARKING-FIRE LANE"and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 5. NO PARKING: Parking on emergency access roads shall be as follows(OFC D103.6.1-2): 1. 20-26 feet road width—no parking on either side of roadway 2. 26-32 feet road width—parking is allowed on one side 3. Greater than 32 feet road width—parking is not restricted Command and Business Operations Center and South Operating Center Training Center North Operating Center 8445 SW Elligsen Road 12400 SW Tonquin Road 11945 SW 70th Avenue Wilsonville,Oregon Sherwood,Oregon Tigard,Oregon 97223-9196 97070-9641 97140-9734 503-649-8577 503-2S9-1500 503-259-1600 6. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked"NO PARKING FIRE LANE" at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background(or as approved). (OFC 503.3) 7. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) 8. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3) 9. TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than 28 feet and 48 feet respectively, measured from the same center point. (OFC 503.2.4 & D103.3) The cul-de-sac shown does not meet these minimum radii requirement. 10. ACCESS ROAD GRADE: Fire apparatus access roadway grades shall not exceed 15%. 11. GATES: Gates securing fire apparatus roads shall comply with all of the following (OFC 0103.5, and 503.6): 1. Minimum unobstructed width shall be not less than 20 feet(or the required roadway surface width). 2. Gates serving three or less single-family dwellings shall be a minimum of 12 feet in width. 3. Gates shall be set back at minimum of 30 feet from the intersecting roadway or as approved. 4. Electric gates shall be equipped with a means for operation by fire department personnel 5. Electric automatic gates shall comply with ASTM F 2200 and UL 325. 12. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) 13. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC 503.4.1). Traffic calming measures linked here: htti)://www.tvfr.com/DocumentCenterNiew/l578 FIREFIGHTING WATER SUPPLIES: 14. FIREFIGHTING WATER SUPPLY FOR INDIVIDUAL ONE-AND TWO-FAMILY DWELLINGS: The minimum available fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix B. (OFC 13105.2) 15. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) 16. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply, approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) Residential One-and Two-Family Development 3.4—Page 2 FIRE HYDRANTS: 17. PRIVATE FIRE HYDRANT IDENTIFICATION: Private fire hydrants shall be painted red in color. Exception: Private fire hydrants within the City of Tualatin shall be yellow in color. (OFC 507) 18. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway unless approved by the Fire Marshal. (OFC C102.1) 19. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly. (OFC 507) 20. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6 &OFC 312) 21. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) BUILDING ACCESS AND FIRE SERVICE FEATURES 22. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please feel free to contact me at 503-259-1504. Sincerely, PO4V WOM John Wolff Deputy Fire Marshal 11 John.wolff@tvfr.com Cc: A full copy of the New Construction Fire Code Applications Guide for Residential Development is available at httiD://www.tvfr.com/DocumentCenterNiew/1438 Residential One-and Two-Family Development 3.4—Page 3 CORRESPONDENCE ADDITIONAL INFORMATION Lina Smith From: Google Forms <forms-receipts-noreply@google.com> Sent: Monday, August 24, 2020 3:31 PM To: Lina Smith Subject: Annexation Questionnaire Caution!This message was sent from outside your organization. Allow sender I Block sender NUMMONKMENNOMMMEMNINN' m Thanks for filling out Annexation Questionnaire Here's what we got from you: A E f Annexation Questionnaire College of Urban and Public Affairs Population Research Center Post Office Box 751 Portland,Oregon 97207-0751 POPEST@pdx.edu www.odx.edu/arc 503-725-3922 tel, 503-725-5199 fax Email address * linacs@tigard-or.gov The information on this form will be used to certify annexed population. Please return the completed questionnaire no later than 10 days after receiving this notice. NOTE: Please contact the Population Research Center if the annexed area has more than 125 housing units because this requires an enumeration to be conducted under the supervision of the Population Research Center. i We are requesting information about the following annexation: City Name: Tigard County Name: Washington Ordinance Number: 20-07 (ZCA 2020-00001) (Bull Mtn Summit) Final Order Number: 2020-0069 Secretary of State Filing Date: MM 08 DD 17 YYYY 2020 2 Date of Enumeration MM 08 DD 24 YYYY 2020 Check here if there are no residences or population in the annexation. No added population/residences There is population and/or residences Total number of units in single family structures 2 Number of occupied units in single family structures 2 Number of vacant units in single family structures 3 0 Total number of people in occupied single family structures 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 Total number of mobile homes 0 Total number of persons living in the mobile homes 4 Special units include such things as campers or RVs, tents, cars or vans, houseboats, other boats, and motels/hotels. If you have special units in this annexation please fill out the "Special Unit and Group Quarters Inventory" that is attached to the email we sent and return it to popest@pdx.edu There are special housing units in this annexation and we will be emailing the inventory There are no special housing units in the annexation Group quarters are places where people live or stay in a group living arrangement, which are owned or managed by an entity or organization providing housing and/or services for the residents.This is not a typical household-type living arrangement.These services may include custodial or medical care as well as other types of assistance, and residency is commonly restricted to those receiving these services. People living in group quarters are usually not related to each other.Group quarters include such places as college residence halls, residential treatment centers,skilled-nursing facilities, group homes,military barracks,correctional facilities,and workers' dormitories. See Appendix A attached to the email for more information and clarification on group quarters. If you have special units in this annexation please fill out the "Special Unit and Group Quarters Inventory" that is attached to the email we sent and return it to popest@pdx.edu There are group quarters in this annexation and we will be emailing the inventory There are no group quarters in this annexation Annexation Enumerated by: Name: Lina Smith Position: Assistant Planner 5 Phone Number (503) 718-2438 Comments? Create vour own Google Form 6 ■ City of Tigard April 7, 2020 Isenhart Consulting, LLC Attn: Danelle Isenhart P.O. Box 2364 Beaverton, OR 97075 Project: Bull Mountain Summit Annexation Site: 15345 and 15395 SW Bull Mountain Road;WCTM 2S108AB, Tax Lots 1300 and 1400 Land Use File: ZCA2020-00001 Dear Ms. Isenhart: Staff has conducted a preliminary review of your application to annex the above-referenced properties, and determined that it is complete as of April 7, 2020. Tigard Planning Commission will conduct a public hearing on your application on Monday, June 15, 2020 at 7:00 p.m. Tigard City Council will conduct a public hearing on your application on Tuesday,July 14,2020 at 7:30 p.m. Both hearings will be located in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, OR 97223. 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 LinaCSntigard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Copy: ZCA2020-00001 Land Use File 13125 SW Hall Blvd. 0 Tigard, Oregon 97223 * 503.639.4171 TTY Relay: 503.684.2772 9 www.tigard-or.gov