HomeMy WebLinkAboutFINAL Staff Report to Planning Commission RT2.0 annexationRIVER TERRACE 2.0 ANNEXATION PAGE 1 OF 10
ANX2025-0001
Hearing Date: November 3, 2025 Time: 7:00 P.M.
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: RIVER TERRACE 2.0 ANNEXATION
CASE NO: Annexation (ANX) ANX2025-0001
PROPOSAL: The City of Tigard proposes to annex to into its corporate boundary 39 parcels located
between SW Scholls Ferry Rd. to the north, SW Beef Bend Rd. to the south, SW
Vandermost Rd. to the West, and SW 150th Ave. to the East. These properties are
collectively part of the River Terrace 2.0 area that was brought into the Urban Growth
Boundary through a legislative action taken by Metro in February of 2023. The
properties are currently under Washington County zoning and land use authority and
will remain so until the City adopts the River Terrace 2.0 Community Plan.
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
OWNER: Multiple owners
LOCATION: Shown in attachments
COUNTY ZONE: FD-20: Future Development, 1 units/20 acres
CITY ZONE: None, County Zoning will continue to apply until the adoption of the River Terrace
2.0 Community Plan.
APPLICABLE
REVIEW
CRITERIA: Tigard Community Development Code Chapters 18.710 and 18.720; Metro Code
Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222
SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find that the proposed annexation (ANX2025-0001)
meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09,
Comprehensive Plan Goals 1 and 14, and Community Development Code Chapters 18.710 and 18.720.
Therefore, staff recommends that the Planning Commission recommend APPROVAL of ANX2025-
0001 to City Council.
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SECTION III. BACKGROUND INFORMATION
The River Terrace 2.0 area consists of two former Urban Reserves that were collectively the focus of a
Concept Plan prepared by the City of Tigard and submitted to Metro in October 2021 in support of an
application to expand the Urban Growth Boundary. The Metro Council voted to add these areas to the
regional Urban Growth Boundary in February of 2023 through a land swap that removed a roughly
equivalent amount of land from elsewhere in the region. The City is currently preparing a Community Plan
that will apply new zoning and development standards to this area, and will include infrastructure plans and
a financing strategy to support development and growth. Until this planning is complete, the current
Washington County zoning and development standards will continue to apply.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City: Comprehensive Plan Goals 1 and 14
Tigard Community Development Code (TCDC) Chapters 18.710 and 18.720
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.
Finding: The City of Tigard is initiating this annexation on petition to the Council under the provisions of
ORS 222.170.
(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.
Finding: The City of Tigard is not required to submit the proposal for annexation to the electors of the
territory proposed for annexation or the city because it is exempted by the provisions of ORS 222.170 and
ORS 222.120 as detailed below.
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
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not required to submit a proposal for annexation of territory to the electors of the city for
their approval or rejection.
Finding: The City of Tigard is not required by its charter to submit a proposal for annexation of territory to
the electors of the city for approval or rejection. The city is utilizing the process of ORS 222.120 to annex
the subject territory without an election.
(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.
Finding: The City has fixed a day for a public hearing before the legislative body on December 2, 2025 at
which time the electors of the city may appear and be hear 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.
Finding: City staff published a public hearing notice was published in The Tigard Times for two successive
weeks (with publish dates on October 23 and October 30, 2025) prior to the November 3, 2025 public
hearing before the Planning Commission. Public hearing notices were posted in seven public places on
October 9, 2025 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at four locations around
the subject site).
ORS 222.170 Annexation by consent before public hearing or order for election
(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 (Procedure for annexation without
election), 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 (Authority and procedure for annexation), if the city legislative body submits
the question to the electors of the city.
Finding: The public hearing for this annexation is being held under the procedures of ORS 222.120 as
detailed above. Petitions have been submitted to the city from owners of property in the area. The petitioners
represent more than half of the owners of land in the territory (28 of 39 properties, or 71.8 percent), who
also own more than half of the land in the contiguous territories (407.37 of 487.29 acres, or 83.6 percent),
who also represent more than half of the assessed value of all real property in the contiguous territory
($94,171,330 of $110,772,600, or 85.0 percent.)
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Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission
(on November 3, 2025) and before City Council (on December 2, 2025). City staff published, posted, and
mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times
for two successive weeks (with publish dates on October 23 and October 30, 2025) prior to the November
3, 2025 public hearing before the Planning Commission; public hearing notices were posted in four public
places on October 9, 2025 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at the subject
site); and public hearing notices were mailed to all interested parties, and neighboring property owners within
500 feet of the subject site on October 8, 2025.
Conclusion: Based on the foregoing, staff find that the applicable requirements of ORS 222 are met.
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.
Finding: 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 September 24, 2025. Notice was provided to the subject properties that
deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled
for November 3, 2025) and before City Council (scheduled for December 2, 2025). City staff posted public
hearing notices in seven public places (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at
four intersections around the subject site) on October 9, 2025, more than 20 days prior to the first hearing;
city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500
feet of the subject site on October 8, 2025, more than 20 days prior to the first hearing; and the city published
a public hearing notice in The Tigard Times for two successive weeks (with publish dates on October 23,
and October 30, 2025) prior to the November 3, 2025 public hearing before the Planning Commission.
These notices provide a mapped description of the affected territory, the date, time, and place of the
hearings, and the contact information for obtaining more information and the staff report.
3.09.045 Expedited Decisions
This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D
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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;
Finding: 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. The Community Plan will include plans and funding mechanisms for all urban
services and the same will be made available to the proposed annexation territory. The proposed annexation
complies with the provisions of that agreement, which designates Tigard as the planning authority for
urbanization of these lands.
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
acknowledgements that the city is the ultimate planning, annexation, and urban services provider within the
subject territory.
b. Any applicable annexation plan adopted pursuant to ORS 195.205;
Finding: 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;
Finding: 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; the City of
Tigard Police Department will provide public safety services, instead of the Washington C ounty Sheriff’s
Office; and the subject site will be removed from the Washington County Urban Road Maintenance District.
City of Tigard will continue to provide water services to the site, and Tualatin Valley Fire and Rescue
(TVF&R) will continue to provide fire protection and emergency medical services to the site. The special
districts serving this territory have been notified of this annexation and are participating
d. Any applicable public facility plan adopted pursuant to a statewide
planning goal on public facilities and services;
Finding: The City of Tigard Public Facility Plan was adopted in 1991, in compliance with Statewide Planning
Goals and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes
appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as
required by Oregon Administrative Rules Chapter 660, Division 25. The completion of the River Terrace
2.0 Community Plan will make further amendments to these plans and Goal 11 of the Tigard Comprehensive
Plan.
e. Any applicable comprehensive plan;
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Finding: There is not yet a Comprehensive Plan for this territory. The City is currently in the process of
completing a Community Plan for this territory and it will be applied upon adoption. This standard is not
applicable.
f. Any applicable concept plan; and
Finding: The properties in this territory are the subject of the River Terrace 2.0 Concept Plan, which
supported the City’s application to Metro for inclusion of this territory into the Urban Growth Boundary.
Annexation of this territory will not conflict with the goals and vision of the Concept Plan, and will advance
the work related to the Community Plan and the mutual goals of Metro and the City to expedite housing
development to address regional housing need.
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.
Finding: The Concept Plan approved by Metro through its action to add the subject territory to the Urban
Growth Boundary demonstrated that these areas could be added to the city’s jurisdiction and urbanized in
an orderly and timely manner, while providing for sustainable infrastructure funding. Urban services will be
provided to the area in a similar manner to the current provision. The City of Tigard Police Department will
provide public safety services, instead of the Washington County Sheriff’s Office; and the subject site will
be removed from the Washington County Urban Road Maintenance District. Clean Water Services will
continue to provide stormwater and sewer service. Tualatin Valley Fire and Rescue will continue to provide
fire protection and emergency medical services to the site. Library services will continue to be provided
through the Washington County Cooperative Library Service. City of Tigard will add water service to the
area.
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.
Finding: The subject territory is not located outside the UGB.
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:
Finding: This staff report was made available to the public on October 16, 2025, 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;
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Finding: As addressed in the River Terrace 2.0 Concept Plan, infrastructural urban services can be provided
to the territory with development. The Community Plan will include refined infrastructure system plans for
implementing this service expansion.
2. Whether the proposed boundary change will result in the withdrawal of the affected
territory from the legal boundary of any necessary party; and
Finding: The proposed annexation territory will remain within Washington County, but will be withdrawn
from the Washington County Enhanced Sheriff’s Patrol District, and the Washington County Urban Road
Maintenance District upon completion of this annexation request.
3. The proposed effective date of the boundary change.
Finding: A public hearing regarding this annexation request will take place before Tigard City Council on
December 2, 2025. Council will make a decision on this application, with a recommendation from Planning
Commission. If Council adopts findings to approve Case No. ANX2025-0001, the effective date of this
annexation will be upon 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.
Finding: 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.
Finding: The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously
addressed in this report.
Conclusion: Based on the foregoing, staff find that the applicable requirements of Metro Code 3.09
are met.
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 legislative annexation. City staff posted public hearing notices in seven public places on October 9,
2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Works, and at four intersections around 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 October 8, 2025; and the city published a public hearing notice in The Tigard
Times for two successive weeks (with publish dates on October 23, and October 30, 2025) prior to the
November 3, 2025 public hearing before the Planning Commission. Additionally, this staff report was made
available to the public on October 16, 2025, more than 15 days prior to the public hearing before Planning
Commission.
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Goal 14.2: Implement the Tigard Urban Services Agreement through all reasonable and necessary
steps, including the appropriate annexation of unincorporated properties.
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.
Finding: The City does not maintain a zoning district equivalent to the Future Development – 20 zoning
designation currently applied to the subject properties. Washington County Zoning will continue to apply until
the adoption of the River Terrace 2.0 Community Plan.
Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level
services to an area when approving annexation.
Finding: The River Terrace 2.0 Concept Plan demonstrated that urban level services can be developed to serve
the area. Refined urban services plans including infrastructure plans will be adopted with the River Terrace 2.0
Community Plan.
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
B. Is consistent with applicable state statute.
Finding: The River Terrace 2.0 Concept Plan demonstrated that annexation and development of this area can
be accommodated by the City’s public facilities and services.. Refined urban services plans including
infrastructure plans will be adopted with the River Terrace 2.0 Community Plan.
As addressed earlier in this report, staff finds the applicable provisions of ORS 222 have been met, consistent
with this policy.
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 territory is bordered by areas that are either already annexed to the City of Tigard or other cities,
are under the planning authority of other cities, or are undesignated lands or rural reserves ineligible to be
annexed to the Urban Growth Boundary and the City.
Conclusion: Based on the foregoing, staff find that the applicable requirements of the Tigard
Comprehensive Plan are met.
__________________________________________________________________________________
CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Chapter 18.710 Land Use Review Procedures
18.710.120 Type IV Procedure
Finding: A legislative annexation is processed through a Type IV Legislative Procedure, as governed by
Chapter 18.710 of the City of Tigard Community Development Code (TCDC), using the approval criteria
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contained in TDC 18.720.030. City Council will make a decision on this application, with a recommendation
from Planning Commission. Additionally, TCDC 18.710 requires two public hearings: one before Planning
Commission (on November 3, 2025), and one before City Council (on December 2, 2025). City staff followed
public noticing requirements, in accordance with TCDC Section 18.710.090, Metro Code Chapter 3.09, and
ORS Chapter 222. City staff posted public hearing notices in four public places on October 9, 2025 (Tigard
City Hall, Tigard Permit Center, Tigard Public Works, and at major intersections around 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 October 9, 2025; and the city published a public hearing notice in The Tigard Times
for two successive weeks (with publish dates on October 23, and October 30, 2025) prior to the November
3, 2025 public hearing before the Planning Commission.
Chapter 18.720 Annexations
18.720.030 Approval Process
B. A legislative annexation application is processed through the Legislative procedure, as provided
in Section 18.710.120.
Finding: This application is for a legislative annexation and is being processed through a Type IV Procedure,
as governed by TCDC 18.710, using the approval criteria contained in TDC 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
Finding: 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 above.
2. The annexation is in the city’s best interest.
Finding: As addressed under Metro Code Section 3.09.045.D.2 of this staff report, this proposed annexation
will help to promote the timely, orderly and economic provision of City of Tigard public facilities and
services; affect the quality and quantity of urban services; and eliminate or avoid unnecessary duplication of
facilities or services. Additionally, the addition of these lands will help the City, the region, and the State of
Oregon to meet their housing goals, including the provision of undersupplied housing types.
Conclusion: Based on the foregoing, staff find that the applicable requirements of the Tigard
Community Development Code are met.
SECTION V. OTHER STAFF AND AGENCY COMMENTS
The City of Tigard Engineering Division, Police Department, and Public Works Department were
sent copies of the applicant’s proposal and had no objections.
Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal and had no objections.
SECTION VI. PUBLIC COMMENTS
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City staff mailed public hearing notices to all interested parties, and neighboring property owners within 500
feet of the subject site on October 8, 2025. On October 10, 2025, staff received an email from Robin van
der Hoest asking general questions of what was being proposed. On October 11, 2025, staff received an
email from Raja Vellanki expressing concern about the urban growth boundary, asking questions about the
urgency behind annexation, and expressing concern about planning for traffic and transportation. As of
October 16, 2025, no other public comments were received.
Attachments:
Attachment 1: Map and Legal Description
SECTION VII. CONCLUSION
The proposed annexation meets all applicable approval criteria, outlined in ORS Chapter 222, Metro Code
Chapter 3.09, Comprehensive Plan Goals 1 and 14, and Tigard Community Development Code Chapters
18.710 and 18.720. Therefore, staff recommends that the Planning Commission recommend approval of
this annexation to City Council.
October 16, 2025
APPROVED BY: Schuyler Warren
Assistant Director of Community Development