HomeMy WebLinkAboutOrdinance No. 25-07 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 25-o?
AN ORDINANCE ANNEXING ONE(1) PARCEL OF LAND TOTALING APPROXIMATELY.46 ACRES,APPROVING
THE SANDERS ANNEXATION (ZCA2025-00001), AND WITHDRAWING PROPERTIES FROM THE TIGARD
WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT, AND WASHINGTON
COUNTY URBAN ROAD MAINTENANCE DISTRICT
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1)to annex
contiguous territory upon receiving written consent from owners of land in the territory proposed to be
annexed;and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which
currently lie within the boundaries of the Tigard Water District,Washington County Enhanced Sheriff's Patrol
District, and Washington County Urban Road Maintenance District upon completion of the annexation;and
WHEREAS, the Tigard Planning Commission held a public hearing on November 3, 2025, and Tigard City
Council held a public hearing on December 2, 2025, to consider the annexation of one (1) parcel of land
consisting of Washington County Tax Map (WCTM) 2S108BB, Tax Lot 02400 and withdrawal of said parcel
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 November 3, 2025 and December 2, 2025;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 property from the applicable service districts is in the best
interest of the City of Tigard.
ORDINANCE No.25-07
Page 1
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the
attached Exhibits"A"and "B",and withdraws said parcel 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" (ZCA2025-00001) 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 47.04-, vote of all c uncil members present after being read by number
and title only,this a"day of ,2025.
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this NOday of ��1 — , 2025.
ORDINANCE No. 25-D 7
Page 2
Yi- ng Hu, yor
Approved as to form:
City ttorney
1 5,)
Date
ORDINANCE No.25-07
Page 2
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EXHIBIT B
LEGAL DESCRIPTION FOR ANNEXATION
Lot 22,"The Woods",Washington County,Oregon
ANNEXATION CERTIFIED
BY
MAR 0 6 2025
WASHINGTON COUNTY A&T
CARTOGRAPHY
EXHIBIT C
Hearing Date:December 2,2025 Time:6:30 P.M.
PLANNING COMMISSION
RECOMMENDATION TO CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: SANDERS ANNEXATION
CASE NO: Zone Change Annexation(ZCA) ZCA2025-00001
PROPOSAL: This proposal is to annex one (1) parcel of land,located at 14105 SW 164TH Avenue,
into the City of Tigard in order to connect to city sewer.
APPLICANT: James H. Sanders
14105 SW 164th Ave
Portland,OR 97224
OWNER: Same as applicant
LOCATION: 14105 SW 164th Avenue;WCTM 2S108BB,Tax Lot 02400
COUNTY ZONE: R-6:Residential,6 units/acre
CITY ZONE: RES-C:Residential-C
APPLICABLE
REVIEW
CRITERIA: The approval standards for annexations are described in Community Development
Code Chapters 18.710,18.720,and 18.910,Comprehensive Plan Goal 1,Goal 11,Goal
12, and Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS)
Chapter 222
SECTION II. PLANNING COMMISSION RECOMMENDATION
The Planning Commission finds that the proposed annexation (ZCA2025-00001) 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 6.2,Policy 10;Goal 11.1,Policy 4; Goal 11.3,Policy 6; Goal 12; and Goal 14.2,
Policies 1-4. Therefore, the Planning Commission recommends APPROVAL of ZCA2025-00001 to
City Council.
PLANNING COMMISSION RECOMMENDATION
SANDERS ANNEXATION PAGE 1 OF 13
ZCA2025-00001
SECTION II. BACKGROUND INFORMATION
The 0.46-acre site (14105 SW 164th Avenue;WCTM 2S108BB,Tax Lot 2400) is located on the west side of
SW 164th Avenue; south of SW Rhus Court, and north of SW Wood Place. According to the Washington
County Assessment and Taxation report, the site was developed with a detached, single-family dwelling in
1974. The property is also occupied by an attached garage,paved driveway, and associated landscaping.As
defined by Washington County Land Use Districts,the subject site is R-6(Residential,5 units/acre minimum
density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will
be zoned(RES-C),under City of Tigard designations.
On November 3, 2025, Planning Commission held a public hearing to consider this application for
annexation (Case No. ZCA2025-00001). No public testimony was received at the hearing. After a brief
deliberation,Planning Commission unanimously recommended approval of this annexation to City Council.
SECTION III. APPLICABLE REVIEW CRITERIA AND FINDINGS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City: Tigard Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12,
Goal 14.2(Policies 1-4.Tigard Community Development Code(TCDC)Chapters 18.710,18.720
and 18.910.
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
PLANNING COMMISSION RECOMMENDATION
SANDERS ANNEXATION PAGE 2 OF 13
ZCA2025-00001
in the city, and shall cause notices of the hearing to be posted in four public places in the
city for a like period.
This application to annex the subject property (14105 SW 164th Avenue;WCTM 2S108BB,Tax Lots 2400)
was submitted by the property owners. 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
(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.This requirement is met.
222.125 Annexation by consent of all owners of land and majority electors.
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
(Procedure for annexation without election) 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.
This application to annex the subject property(14105 SW 164th Avenue;WCTM 2S108BB,Tax Lots 2400)
was submitted by the property owners. The application included consent from all owners of the land
proposed for annexation,therefore,an election is not required.
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.
PLANNING COMMISSION RECOMMENDATION
SANDERS ANNEXATION PAGE 3 OF 13
ZCA2025-00001
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 September 24, 2025 and notified the applicant on September 24, 2025 that
deliberations on this proposed boundary change were tentatively 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 four public places on October 9,2025 (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 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.This requirement is met.
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 property, 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.This requirement is met.
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;
PLANNING COMMISSION RECOMMENDATION
SANDERS ANNEXATION PAGE 4 OF 13
ZCA2025-00001
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 County 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.This requirement is met.
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 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.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.This requirement is met.
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.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 property, 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; 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. City of Tigard will continue to provide water services to the site,
and TVF&R will continue to provide fire protection and emergency medical services to the site. The
proposed annexation will not adversely impact levels of service within the City of Tigard.This requirement
is met.
E. A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel
that lies partially within and outside the UGB.
PLANNING COMMISSION RECOMMENDATION
SANDERS ANNEXATION PAGE 5 OF 13
ZCA2025-00001
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 October 16,2025,more than 15 days prior to the public
hearing before Planning Commission.This requirement is met.
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 property, and have sufficient
capacity to provide service.This requirement is met.
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 the
Washington County Enhanced Sheriff's Patrol District, and the Washington County Urban Road
Maintenance District upon completion of this annexation request.This requirement is met.
3. The proposed effective date of the boundary change.
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. ZCA2025-00001, the effective date of this annexation will
be upon filing with the Oregon Secretary of State,as outlined in ORS 222.180.This requirement is met.
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.
Conclusion: Based on the foregoing, staff find that the applicable requirements of Metro Code 3.09
are met.
PLANNING COMMISSION RECOMMENDATION
SANDERS ANNEXATION PAGE 6 OF 13
ZCA2025-00001
CITY OF TIGARD COMPREHENSIVE PLAN
Goal 1: Citizen Involvement
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 October
9,2018(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 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.
This goal is satisfied.
Goal 6: Environmental Quality
Goal 6.2:Ensure land use activities protect and enhance the community's water quality
Policy 10: The City shall continue to facilitate the extension of the City's wastewater system to
neighborhoods without service within the Tigard Urban Service Area,provided:
A. properties benefiting from the extension pay their fair share of the cost; and
B. annexation occurs prior to any property receiving service.
The city is facilitating the extension of the City's wastewater system to a property that was previously on
septic. The property owner has obtained permits, paid for the connection to the city system therefore has
paid their fair share of the cost.
In this case the annexation is occurring after connection to sewer due to the complete failure of the septic
system. The city allowed connection on the condition that the property owner agreed to annex to the city.
This goal is satisfied.
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 findings below, staff concludes 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 services at this time. However, city stormwater infrastructure is available adjacent to the site:
there is an existing public drainageway going through the property. The City of Tigard Public Works
Department reviewed the proposal and determined there is adequate capacity to serve the existing property.
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ZCA2025-00001
Water — City of Tigard Public Works Department. The property is located within the Tigard Water
Service Area.The subject site is currently served by an existing 6-inch water main along SW 164`'Avenue.
The City of Tigard Public Works Department reviewed the proposal and determined there is adequate
capacity to serve the existing property.
Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject property
in order to connect to City of Tigard sewer.This is consistent with City of Tigard Comprehensive Plan Goal
11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City
wastewater services." City of Tigard sewer infrastructure is available by an existing eight inch sanitary main
located in a public sanitary easement that terminates in a manhole at the northwest corner of the property.
The City of Tigard Public Works Department reviewed the proposal and determined there is adequate
capacity to serve the existing property.
Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides
police services to the subject property. 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.The City of Tigard Police Department reviewed the applicant's proposal and had
no objections.
Fire — Tualatin Valley Fire and Rescue. The subject property is 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. TVF&R reviewed the applicant's proposal and had no
objections.
Parks—City of Tigard Public Works Department.The applicant proposes to annex a.046-acre property
into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not
adversely impact the city's ability or capacity to provide for parks and recreational needs.
Streets — City of Tigard Engineering Division. The subject property currently connects to SW 164th
Avenue via an existing residential driveway. SW 164th Avenue is currently under the Washington County's
jurisdiction. The proposed annexation will not impact the existing transportation system. In addition, the
property will be removed from the Washington County Urban Road Maintenance District. The City of
Tigard Engineering Division reviewed the applicant's proposal and had no objections.
Goal 11.1: Develop and maintain a stormwater system that protects development,water resources,
and wildlife habitat.
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 services at this time. However, city stormwater
infrastructure is available adjacent to the site: there is an existing public drainageway going through the
property. The City of Tigard Public Works Department reviewed the proposal and determined there is
adequate capacity to serve the existing property.This goal is satisfied.
Goal 11.3:Develop and maintain a wastewater collection system that meets the existing and future
needs of the community.
Policy 6: The City shall require a property to be located within the City limits prior to receiving
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ZCA2025-00001
wastewater services.
The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is
consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property
to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer
infrastructure is available by an existing eight-inch sanitary main located in a public sanitary easement that
terminates in a manhole at the northwest corner of the property. The City of Tigard Public Works
Department reviewed the proposal and determined there is adequate capacity to serve the existing property.
This goal is satisfied.
Goal 12.1: Provide a safe, comfortable, and connected transportation system for all users.
The subject property currently connects to SW 164th Avenue,which is currently under Washington County's
jurisdiction. The proposed annexation will not impact the existing transportation system. In addition, the
property will be removed from the Washington County Urban Road Maintenance District. The City of
Tigard Engineering Division reviewed the applicant's proposal and had no objections.This goal is satisfied.
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.
The applicable Tigard zoning district designation for the subject property is addressed under TDC Sections
18.720.030.B and 18.720.030.0 of this report.This goal is satisfied.
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 fords
that all urban level services are available to the proposed annexation property and have sufficient capacity
to provide service.This goal is satisfied.
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.
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 property and
have sufficient capacity to provide service.
As addressed later 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.
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ZCA2025-00001
The subject property(14105 SW 164th Avenue;WCTM 2S108BB,Tax Lots 2400) are bordered by the City
of Tigard to the west,and Unincorporated Washington County to the north,east,and south.This annexation
will not create an "island" of unincorporated land and will shrink the existing "island" that is currently
unincorporated. 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. Accordingly, this proposed annexation request is
consistent with the policy outlined above.
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
18.710.080 Type III-Modified Procedure
A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter
18.710 of the City of Tigard Community Development Code (TCDC),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. 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 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
18.720.020 Approval Process
A. A quasi-judicial annexation application is processed through a Type III-Modified procedure,
as provided in Section 18.710.090. 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 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
As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in
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SANDERS ANNEXATION PAGE 10 OF 13
ZCA2025-00001
compliance with Metro Code Chapter 3.09.The specific sections of Metro Code Chapter 3.09 that apply to
this application are addressed above.This criterion is met.
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
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.Accordingly,staff finds this proposed annexation is in the city's best interest.This criterion is met.
B. 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 Chapter 18.670,Washington
Square Regional Center Plan District.
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.
TDC 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 Zone Name
R-6 Res. 6 units per acre RES-C Residential-C
TDC Table 18.720.1 summarizes conversions of the county's plan and zoning designation to the city's
designations that are most similar.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 property will be RES-C (Medium Density
Residential),under City of Tigard designations.
18.910.050 Easements
A. Easements. Easements for sewers,drainage,water mains,electric lines or other public utilities
shall be either dedicated or provided for in the deed restrictions, and where a development is
traversed by a watercourse or drainageway, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially with the lines of the watercourse.
B. Utility easements. A property owner proposing a development shall make arrangements with
the city, the applicable district, and each utility franchise for the provision and dedication of
utility easements necessary to provide full services to the development. The city's standard
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ZCA2025-00001
width for public main line utility easements shall be 15 feet unless otherwise specified by the
utility company, applicable district, or City Engineer.
The proposed development is traversed by a drainage way flowing east to west along the southern and
western portions of the property. Additionally, the existing public sanitary sewer manhole located near the
northwest corner of the property must be included in a 15-foot by 15-foot public utility easement.Easements
for public utilities must be provided at the time of land use approval. Proposed easements are depicted in
the preliminary plans. The following conditions of approval are required to meet this standard:
Within 90 days of the effective date of the annexation,the applicant must record all applicable utility
easements including, but not limited to, for access, surface water drainage, and sanitary sewer and
provide recorded copies to the City.
With conditions of approval,this standard is met.
18.910.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to
connect developments to existing mains in compliance with Clean Water Services requirements
and the comprehensive plan.
The applicant submitted a permit for the sewer connection in compliance with Clean Water Services
requirements and the comprehensive plan.This standard is met.
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
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 13,2025, staff received a phone call from Sally and
John Quinn, 16537 SW Sunshine Coast Street,asking general questions of what was being proposed.As of
November 5,2025,no other public comments were received.
SECTION VII. CONCLUSION
The Planning Commission finds that the proposed annexation (ZCA2025-00001) meets all applicable
approval criteria, outlined in TDC Chapters 18.710 and 18.720; Comprehensive PlanGoal 1.1, Goal 11.1
, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro CodeChapter 3.09; and
ORS Chapter 222. Therefore, the Planning Commission recommends approval of this
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ZCA2025-00001
annexation to City Council.
�rr � ��1t'-"—/ " November 6,2025
PREPARED :Y: i Agnes Lindor
Senior Planner
Nathan Jackson,Planning Commission President
Dated this 12th day of November 2025.
Attachments:
Attachment 1: Zoning Map
Attachment 2:Map and Legal Description
PLANNING COMMISSION RECOMMENDATION
SANDERS ANNEXATION PAGE 13 OF 13
ZCA2025-00001
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Attachment 2
LEGAL DESCRIPTION FOR ANNEXATION
Lot 22,"The Woods",Washington County,Oregon
ANNEXATION CERTIFIED
BY
MAR 0 6 2025
WASHINGTON COUNTY A&T
CARTOGRAPHY
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