Ordinance No. 07-17 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2007-
AN ORDINANCE ANNEXING 1.81 ACRES, APPROVING THE HIGHLAND HILLS
SUBDIVISION ANNEXATION (ZCA2007-00003) AND WITHDRAWING PROPERTY FROM
THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE
DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(6), ORS 222.125, and ORS
222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
territory proposed to be annexed; and
WIEREAS, the City of Tigard is audiorized by ORS 222.120(5) and 222.520 to -vithdiaxv properties
which currently he widi i7 the boundary of the Tigard Water District, Washington County Enhanced
Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion
of the annexation; and
WHEREAS, the ,Tigard City Council held a public hearing on October 9, 2007, to consider the
annexation of one (1) parcel (Washington County Tax Map 2S109AB, Tax Lot 300) of land located
north of SW Bull Mountain Road and withdrawal of said property from the Tigard Water District,
Washington County Enhanced ShetifPs Patrol District and Washington County Urban Roads
Maintenance District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt
obligations, however, in diis instance tie Tigard Water District has no debt for die City to assume,
therefore, no option regarding d-ie assumption of debt needs to be made; and
WIEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and die City held a
public hearing on the issue of die annexation into die City and withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District on October 9,2007; and
WHEREAS, pursuant to ORS 222.524, die City must declare the withdrawal of annexed properties
from die Tigard Water District, Washington County Enhanced Sheriff s Patrol District and
Washington County Urban Roads Maintenance District; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning most closely conforming to the County zoning; and
WHEREAS, die annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance `vita the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
ORDINANCE No. 07- )7
Page 1
WHEREAS, the Tigard City Council has carefully considered the testiinony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of die City of Tigard.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcel described in the attached Exhibit
"A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water
District,Washington County Enhanced Sheriffs Patrol District and Washington County
Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council' as findings in
support of this decision; a copy of the staff report is attached hereto as Exhibit "F" and
incorporated herein by diis reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to tape all necessary measures to irnplement the annexation,
including certified copies of the Ordinance with Metro for administrative processing,
filing with state and couiity agencies as requited by law, and providing notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of die property from
Washington County Enhanced Sheriff s Patrol District and Washington County Urban
Roads Maintenance District shall be the effective date of this annexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2008.
SECTION 7: In accordance with ORS 222.180, die annexation shall be effective upon filing with die
Secretary of State.
PASSED: By L)JV 1 h ►'J'M0YS vote of all Council members present after being read by number
and tithe only, this �f� day of (�C�7�_J , 2007.
LCather—ineheatley, City Recorder
ORDINANCE No. 07- 1
Page 2
APPROVED:By Tigard City Council this day of (JC—�c�' y , 2007.
C*r)-1 tq 4-�6 I
Approved as to form: �
i Attorney
( l� C C-' -7
Date
{
ORDINANCE No. 07- f
Page 3
Centerline Cancerpts, Ir��.
EXHIBIT "A"
February 27, 2006
Shady Peak
That tract of land described in document no. 2003-174-1 IS, Washington
County deed records, in the NE 1/4 of Section 9, T.2S., RAW., W.M.,
Washington County, Oregon, being more particularly described as follows:
BEGINNING at the northwest corner of Lot 28, "Raven Ridge",
Washington County Plat records; thence S00°05'57E on the west line of
said Lot 28, a distance of 52-45 to the most westerly southwest corner of said
Lot 28; thence S89°58'23"W on the north line of that tract of land described
in document no. 90-041679, Washington County deed records, a distance of
250.00 feet to the east line of that tract of land described in document no.
2005-008270, Washington County deed records; thence N00°05'57"W on
said east line and the east line of that tract of land described in document no.
91-030146, Washington County deed records, a distance of 315.00 feet to the
southwest corner of that tract of land described-in deed book 803, page 479,
recorded January 11, 1971, Washington County deed records; thence
S89"58' 1 1"E on the south line of said book 803, page 479 tract, a distance of
250.00 feet to the most westerly northwest corner of said "Raven Ridge";
thence S00°05'57"E on the west line of said "Raven Ridge" a distance of
262.53 feet to the POINT OF BEGINNING.
Said tract of land contains 78,748 square feet more of less.
. Subject to easements of record.
ANNEXATION CERTIFIED
BY �
JUL 2 4 2007
WASHINGTON COUNTY A&T
Q:IDOCS\LGLDESC\Shady1546-021-cgaiForAnnexWasii2.27-2006.doc CARTOGRAPHY
700 Moialla Avenue Oregon City,Oregon 97045
503650-028 fax 50365D-0189
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SIGNED ON:
REGISTERED WASHINGTON COUNTY, OREGON
PROFESSIONAL FEBRUARY 27. 2006
LANQ SURVEYOR DRAWN: MSG CHECKED: WGD111
SCALE 1'=50' ACCOUNT 1546-02
M:\PROJECTS\SHADYPEAK-02\SHADYP—EX
OREGON
JULY 16, 1957
WADE G. DONOVAN I�
2276 Centerline Cc ncepts Inc_
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EXHIBIT C
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
We, the undersigned owner(s) of the property described below and/or-elector(s) residing at the referenced location(s), hereby petition for, and
give consent to, Annexation of said property to the City of Tigard, We understand that th'e City will review this request in accordance with
DRS 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 l OF
OV-Pro2erty Owner& Registered Voter
AM A PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE .
8ectfon Number Number Number
.5�=�' / 2�3 .S•G.� . 25 .B 300 � Oho
: 1/4C G0�!
� - H %
u BY
I:kcurpinlmasterskrevisedlanxpein.msf 15-Aug-02
DOUBLE MAJORITY WORKSHEET FOR ANNEXATION TO THE CITY OF TIGARD
Please list all properties/registered voters included in the proposal. ( If needed, use separate sheets for additional listings.)
**PROPERTIES**
PROPERTY DESIGNATION (Tax Lot Numbers) NAME OF PROPERTY OWNER TOTAL ACRES ASSESSED VALUE OF WE PROPERTY GNED ETITION
i
"REGISTERED VOTERS**
ADDRESS OF REGISTERED VOTER NAME Of REGISTERED VOTER SIGNEDJETITION
LL
**SUMMARY** I:hcorpinlmaslerslrevl&edlanxwlcshfi.rr€s3 15-Aug-02
TOTAL NUMBER OF REGISTERED VOTERS-IN THE PROPOSAL:
NUMBER OF REGISTERED VOTERS WHO SIGNED PETITION:
PERCENTAGE OF REGISTERED VOTERS WHO SIGNED PETITION: 0•Q c]
TOTAL ACREAGE IN THE PROPOSAL: /
ACREAGE SIGNED FOR: a
PERCENTAGE OF ACREAGE SIGNED F R: Z6d
TOTAL NUMBER OF SINGLE-FAMILY UNITS:
TOTAL NUMBER OF MULTI-FAMILY UNITS:
TOTAL NUMBER OF COMMERCIAL STRUCTURES:
TOTAL NUMBER OF INDUSTRIAL STRUCTURES
EMMIT D CITY of - I,
eeocnhPnic ireFoft rtaTlan SYSTEM
wq VICINITY MAP
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EXHIBIT E
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EXHIBIT F
Agenda Item:
Hearin Date: October 9,2007 Time: 7:30 PM
STAFF REPORT TO THE
4
. ,
CITY COUNCIL -�o..
FOR THE CITY OF TIGARD, OREGON :'=! ,
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: HIGHLAND HILLS SUBDIVISION ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2007-00003
APPLICANT/ APPLICANT'S
OWNER: Shadypeak Development,LLC REP: Planning Resources, Inc.
Attn: Tom Secolo/ Attn: Dan Jung
Nate Schwalbach 7160 SW Fir Loop, Suite 201
2675 SW Thurman Street Portland, OR 97223
tr Portland, OR 97210
PROPOSAL: Annexation of one parcel just north of SW Bull Mountain Road containing a total of
1.81 acres to the City of Tigard. The applicant has received land use approval from
Washington County to develop the parcel into an 11-lot subdivision (Highland Hills
Subdivision, case file #07-034-S); however, the available server, water and storin
drainage connections are wid-iin the Cite of T1 Id, requiring the property to be
annexed into the City to receive services. Shady Peak Development, the sole owner
of the subject parcel, has consented to the annexation. The owners of five
neighboring properties were invited to join the annexation, but did not accept the
invitation.
LOCATION: 13273 SW Bull Mountain Road (north of SW Bull Mountain Road, just west of
Raven Ridge subdivision);WCTM 2S109AB,Tax Lot 300.
CURRENT
ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County
R-6 District is to implement the policies of tine Comprehensive Plan for areas
designated for residential development at no more than six (6) units per acre and no
less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6.
The intent of the R-6 District is to provide the opportunity 'for more flexibility in
development than is allowed in the R-5 District. The average lot area for single
family detached dwellings within a proposed development shall be no less than 4,500
square feet and die mini nurn lot area shall be 4,000 square feet. The minirnunrr lot
area for single family attached units shall be 3,500 square feet.
EQUNALENT
CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is
designed to accornrnodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum lot size of 5,000
square feet, and duplexes, at a mint nurn lot size of 10,000 square feet. Mobile home
parrs and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally. Note: In a subdivision, lot size may be averaged to
allow lots less than die rmn'i um lot size allowed in the underlying zoning district as
long as the average lot area for all lots is not less than allowed by the underlying
zoning district. No lot created under this provision shall be less than 80% of the
minimum lot size allowed in the underlying zoning district.
MGM—AND I H.LS ANN=MON
ZC A2007-00003 PAGE 1 OF 9
APPLICABLE
REVIEW
CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive PIan Policies 2 and 10,
Community Development Code Chapters 18.320 and 18.390.
SECTION H. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (ZCA2007-00003) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive
Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. Therefore, staff
recommends APPROVAL of ZCA2007-00003 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
The 1.81-acre subject property is north of SW Bull Mountain Road with access to it through a private shared
driveway. The subject property abuts the northern boundary of Alpine View subdivision, east of SW 133rd
Avenue. The pro erty slopes down about 9% to 10% from west west to east. There are no Significant Habitat
Areas on the subject property per the City's adopted map. The existing house was built in 1963. An
accessory structure also exists on the site.
Shadyyppeak Development, LLC, purchased the property on April 25, 2006. Tom Secolo and Nate
Sch�7, Bach, representatives of die company, initiated the annexation request. There are no registered voters
on tie property. The City invited die owners of the five neighboring properties to join die annexation, but
did not receive a response.
The applicant requests approval of annexation of one parcel (1.81 acres) to the City of Tigard. Staff found
all tight-of-wap associated with die subject property to already be widen Citv limits. The ppnvate accessway
adjacent to the subject property is already in the City. Therefore, no tight-of-way is included in the total
acreage.
The owner received land use approval from Washington County on May 18, 2007 for an 11-lot subdivision
(Highland Hills Subdivision, case file #07-034-S). 1-lowever, die available sewer, water and storin drainage
connections are within die City of Tigard, requiring the property to be annexed into the City to receive
services.
SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City: Comprehensive Plan Policies 2 and 10, Cornrnunity Development Code Chapters 18.320 and 18.390.
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18),
Staff has determined that die proposal is consistent widh die relevant portions of die Community
Development Code based on the following findings:
1. Chapter 18.320.020: Approval Process and Standards.
B. Approval Criteria. The decision to approve, approve with modification, or deny an application
to annex property to the City shall be based on the following criteria:
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1. All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water,
sewer, drainage, streets, police, and fire protection. Each service is addressed below.
Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to
serve the parcel "i£developed to the most intense use allowed," and "will not significantly reduce the level
of services available to developed and undeveloped land in the City of Tigard."
Water— City of Tigard. Tigard Water District currently serves the subject property. Upon annexation,
City of Tigard will be the provider. Rob Murchison, Project Engineer in the Public Worcs Department,
submitted const nents on behalf of die Department that it does not object to the proposed annexation.
Murchison states that the developer may be required to upsize the existing 4-inch water line on the north
size of the property to an 8-inch line per die City of Tigard Water Master Plan. Water is available in SW
Wilmington Road and SW Hood Vista Lane.
Sewer — Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the
provider of sewer service. Accordingg to pre-application notes by Kiln McMillan (City of Tigard
Engineering Department) dated April 6, 2006, die proposed territory would have access to an S-mch
sanitary sewer line in SW Wilmington Road and SW Hood Vista Lane. Prior to building, the development
must connect topublic sanitary sewer. It will be die developer's responsibility to extend die public sewer
to serve the development and adjacent unserved properties.
Drainage — Clean Water Services/City of Tigard. Upon annexation, the Citi of Tigard will be the
provider of storm drainage. The proposed territory has access to a Ci storm line in SW Wilmington
Road and SW Hood Vista Lane. Prior to building, the development will be required to connect to die
public drainage system.
Streets — City of Tigard Capital Construction & Transportation Division. The subject propertS- is
located adjacent to and east of SW Alpine Crest Way, which is adjacent to Alpine View Subdivision,
approved by the Ci on July 'IS, 2005. Raven Ridge subdivision to die east contains two City street
connections (SW W�nington Lane and SW Hood Vista Lane) to which the development will connect.
The County has required the developer to extend SW Wihnington Lane and SW Hood-\lista Lane.
Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the
proposal and has no objections to it.
Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and
Rescue's (TVF&R's) service area. TVF&R currently serves die subject property and will continue to serve
it after it is annexed.
Based upon thus review, staff finds that all public services (as defined by die Comprehensive Plan) are
available to the proposed annexation territory and all public services have sufficient capacity to provide
service to the proposed annexation territory.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
Three Comprehensive Plan policies apply to the proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff has
deterrniiied that dine proposal has satisfied die applicable Comprehensive Plan policies based on the
following findings:
Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be involved in all phases
of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, die City provides notice for Type IV
land-use applications. The City posted, mailed and published notice of die public hearing as follows. The
City posted the hearing notice at four public places on August 24, 2007: Tigard Library, Tigard City Hall,
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ZCA2007-00003 PAGE 3 OF 9
Tigard Permit Center, and in the vicinity- of the proposed territory off SW Bull Mountain Road. The City
Ar
notice of'the hearing in The Tigard Tualatin Shenvood Tivies for two successive weelis (September
20, 2007 and September 27,20 7) prior to the October 9, 2007, public hearing. The City also mailed notice
to all interested parties and surrounding property* owners within 500 feet on September 17, 2007). In
addition, dle City maintains a list of interested parties organized byp ggeography. Notice was mailed to
interested parties in die West area on September 17, 2007, inclucling former members of Citizen
Involvement Team West. Staff finds that this policv is met.
Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard,
a) the City shall review each of the following services as to adequate capacity, or such services to
be made available, to serve the parcel if developed to the most intense use allowed, and will not
significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard: 1. Water; 2. Sewer; 3. Drainage;4. Streets; 5. Police; and G. Fire Protection.
As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory.
Upon annexation, the subject proerty will be zoned R-7, a Medium-Density Residential zone, with a
minimulot size of 5,000 square Reet. The proposed territory has an estimated maximum density of 12
m
residential units and estimated minimum density of 10 units`. There will be 11 units based on the County-
approved design.
The development will be required to connect to public service facilities, such as sewer, storin drainage and
water, andprovide the necessary street improvements. Based on findings by the applicant and City staff,
there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire
protection) if developed to 11 residential units. The proposed annexation will not significantly reduce the
level of services available to developed and undeveloped and within the City of Tigard.
Staff concludes that there is adequate capacity to serve the proposed territory water, sewer, drainage
streets olice fire rotection if developed to the density erinitted and theproposed annexation will not
S' Mficanty reduce the level of services available to developed and undeveloped land within the Citi, of
,Tigard. .
b) If required by an adopted capital improvements program ordinance, the applicant shall sign
and record with Washington County a nonremonstrance agreement regarding the following: 1.
The formation of a local improvement district (I.J.D.) for any of the following services that could
be provided through such a district. The extension or improvement of the following: a) Water, b)
Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above
services or the inclusion of the property into a special service district for any of the above services.
This criterion does not apply. No capital improvements program requires a nonremonstrance agreement
for this area. Some urban services are already available for die proposed annexation territory; others are
available nearby and would require connections from the proposed annexation area. However, these public
facility requirements have been assigned as part of the recent development review by the County.
c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within
the Urban Growth Boundary upon annexation.
The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth
Boundary. Upon annexation, urban services will be provided as outlined in the Washington County-
Tigard Urban Planning Area Agreement,Tigard Urban Sell-,ices Agreement and current City policies. Staff
finds that tris policv is met.
Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based
on findings with respect to the following a) The annexation eliminates an existing "pocket" or
"island" of unincorporated territory; or, b) The annexation will not create an irregular boundary
that makes it difficult for the police in an emergency situation to determine whether the parcel is
within or outside the City; c) The Police Department has commented upon the annexation; d) the
land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The
annexation can be accommodated by the services listed in 10.1.1(a).
Using formula for density calculation in Chapter 18.715 of the Development Code.
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a) The proposed annexation territory is part of an island of unincorporated territory. Therefore, the
proposed annexation would help reduce an island of unincorporated territory.
b) The proposed annexation will not create an irregular boundary that will make it difficult for d-ie
police to locate a parcel in an emergency situation. B1, reducing the island of unincorporated
territory, the City's boundary will become more regular.
c) The City of Tigard Police Department has commented and has no objections to the proposed
annexation.
d) The UPAA (2006)includes die proposed annexation territor ;within Tigard's Area of Interest. The
proposed annexation territory is contiguous to the City on free sides, where it abuts Alpine View
Subdivision to the west and south and Raven Ridge subdivision to die east.
e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by die following
services: water, sewer, drainage; streets;police;and fire protection.
Items a through e have been met. Therefore, staff finds drat the proposed annexation meets Policy 10.1.2.
Policy 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington
County zonindesignation, the City of Tigard shall assign the City of Tigard zoning district
designation wKich most closely conforms to the county zoning designation.
Section 18.320.020.0 of die Community Development Code provides specifics on this conversion. See
Table 18.320.1.
TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLAN SND ZONING DESIGNATION'S
\\"nslnington C minty Laud Use C'itc of Tigard Zoning Cit-N.of Ticard
DistrictsTlan Designation Plan Desigiintion
R Res.5 units acre R-4.5 SFR 7.500 sq.ft. Low density 1-5 units acre
R-6 Res.6 units acre R-7 SFR 5.000 sq.ft. Med.densis-6-12 units acre
R-9 Ras.9 units acre R-12 Multi-fatuilt-12 units acre Med.density-6-12 wilts acre
R-12 Res. 12 uults acre R-1-Multi-family 12 units acre Med.densiry 6-12 units acre
R-15 Res. 15 units acre R-25 Multi-fantih_•25 units acre Medium-High denslt),13-2i
Wilts acre
R-24 Res. 24 units acres R-'S Multi-faniih-25 units acre Medium-Hien density 13-25
units'
acre
Office C'ounntercial C-P Conllllercial Professional CP Connuerclal Professional
NCNeighborhood Conitnercial C'?\Neighborhood C'oininerclal CN Neighborhood Commercial
CBD Coniniercial Biiiitless CBD Connuerclal Btlsllless CBD Conlnlerclal Business
Dlstnct District District
GC'General Connnercial CG General Commercial CG General Couuuereial
IND Industrial I-L Lielu Industrial Light Indusinal■
The subject property- is zoned R-6 by Washington County. Table 320.1 siunmarizes the conversion of die
County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoningg. As this is a
Zone Change Annexation (ZCA) application, upon approval and execution of tie proposed annexation,
tie proposed territory will automatically convert to R-7 zoning. In addition, die City's Comprehensive
Plan designation for medium-density residential will.be applied to tis area.
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ZCA2007-00003 P?rGE 5 OF 9
Chapter 18.320.020
C. Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the City's zoning district which most closely implements the City's or County's comprehensive
plan map designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land which carries County designations, the City
shall convert the County's comprehensive plan map and zoning designations to the City
designations which are the most similar. A zone chane is requireif the applicant requests a
comprehensive plan map and/or zoning map designation other than the existing designations.
(See Chapter 18.380). A request for a zone change can be processed concurrently with an
annexation application or after the annexation has been approved.
As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to
Washington County's R-6 zoningg district. The subject property is currently R-6 and will automatically
become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process.
There have been no requests for zoning other than R-7.
City.of Tigard Community Development Code
2. Chapter 18.390.060: Type IV Procedure
Annexations areprocessed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.13, which
were addressed ixi The previous section. Cha ter 18.390 requires City Council to hold a hearin on an
annexation. It also req�ures die City to provide notice at least 10 days prior to dhe healing b 1 mail and to
publish newspaper notice; the City mailed notice on September 17, 2007, and published p%hc notice in
The Tigard Tualatin Sherwood Times for two successive weeks (September 20, 2007 & September 27, 2007)
prior to the October 9, 2007, public heal-'mg.
Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
The City's Coinpreliensive Plan has been acknowledged by d1e Land Conservation and Development
Commission to be in coin Hance with state planning goals. As reviewed above, the annexation proposal
meets die existing Comprehensive Plan policies and therefore is in compliance with state planning goals.
2.Any federal or state statutes or regulations found applicable;
ORS 222:
State law ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory w len owners of land in the proposed annexation territory, submit a petition to the legislative body of
the city. ORS 222.120 requires the city to hold apublic hearing before its legislative body (City Council)
and provide public notice to be published once eacli Nveek for two successive weeks prior to die day of die
hearing, in a newspaper of general circulation in the city, and shall cause notices of dze hearing to be
posted in four public places in dze city for a like period.
The sole owner of land within die proposed territory has signed a petition for annexation to die City. The
proposed annexation territory is contiguous to the City's boundary on three sides.
The City published public notice in The Tiggard Tualatin Sherwood Times for two successive weeks (September
20, 2007 & September 27, 2007) prior to the October 9, 2007, public hearing and posted the hearing notice
at four public places on August 24, 2007: Tigard Library, Tigard City Hall, Tigard Permit Center, and in
die vicinity of the proposed territory off SW Bull MountainStaff finds iRoad. Stands flint die provisions of ORS
222 have been met.
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ZC A2007-00003 PAGE 6 OF 9
3. Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Note that flus report is
available 15 days before the hearing (September 24, 2007 for an October 9, 2007, hearing). Staff has
determined that the applicable METRO regulations (Metro Code 3.09.040(h) &(d),) have been met based
on the following findings:
Metro 3.09.040 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
make available to the public a report that addresses the criteria in subsections (d) and (g) below,
and that includes at a minimum the following:
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously ui d-is report, urban services are available to die affected territory.
(2) A description of how the proposed boundary change complies with any urban service provider
agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary
parties;
As addressed previously in di-is report, the annexation proposal complies with all applicable provisions of
urban service provider agreements, UPAA (2006);and TU5'A (2006).
(3) A description of how the proposed boundary change is consistent with the comprehensive
land use plans, public facility plans, regional framework and functional plans, regional urban
growth goals and objectives, urban planning agreements and similar agreements of the affected
entity and of all necessary parties;
As addressed previously in this re ort, die annexation proposal complies with all applicable policies of die
City of Tigard Comprehensive Plan and urban service provider a eements (UPAA (2006) and TUSA
(2006). The proposed annexation territory is tivit'Lin
the Urban Growth Boundary and subject to the
Regional Frameworli Plan and Urban Growth Management Functional Plan provisions. There are no
specific applicable standards or criteria for boundary changes in the Removal Framework Plan or die
Urban Growth Management Functional Plan. However, the �ity's Comprehensive Plan and Development
Code have been amended to comply with Metro functional plan requirements. By complying with die
Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and
the Regional Framework Plan.
�4) Whether the proposed boundary change will result in the withdrawal of the affected territory
rom the legal boundary of any necessary party; and
The proposed territory will remain widen Wasluinton County but will be required to be withdrawn from
li
the Washington County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance
District and the Tigard Water District upon completion of die annexation.
(5) The proposed effective date of the decision.
The �ublic hearing will take place October 9, 2007. If die Council adopts findin s to approve ZCA2007-
0000-3, die effective date of die annexation will be 30 days later on November S, 2 07.
Metro Code 3.09.040 (dl
(d) An approving entity's final decision on a boundary change shall include findings and
conclusions addressing the following criteria:
1. Consistency with directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
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ZCA2007-00003 PAGE 7 OF 9
As addressed previously in des application, die proposed annexation complies with all applicable
provisions of urban service rovider agreements (UI),4A (2006) and die TUSA (2006 . The proposed
annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA.
The agreements state drat the County and City will be supportive of annexations to the City. Therefore,
die Isroposed annexation is consistent With diese agreements.
2. Consistency with directly applicable provisions of urban planning or other agreements, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary
party;
The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and
notice requirements in the UR,14, providing Washington County wide 45-day notice prior to the public
hearing. The agreement states that `so drat all properties widen the Tigard Urban Service Area will be
served by die City, die County and City will be supportive of annexations to die City." The annexation
proposal is consistent wits this agreement.
As previously stated in this report, dais proposal meets all applicable City of Tigard Comprehensive Plan
provisions. Tlhis criterion is satisfied.
4. Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plan;
This criterion was addressed Linder Metro Code 3.09.040(b). By complying with theCity of Tigard
Community Development Code and Comprehensive Plan, die annexation is consistent with die
Functional Plan and die Regional Framework Plan.
5. Whether the proposed change will promote or not interfere with the timely, orderly and
economic provisions of public facilities and services;
The proposed annexation will not interfere with die provision of public facilities or services because it is
consistent with die terms of die TUSA (2006),which ensures the timely, orderly, and efficient extension of
public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban
services are available to die proposed annexation territory and Have not been found to significantly reduce
existing service levels.
6. The territory lies within the Urban Growth Boundary; and
The proposed territory is within Metro's Urban Growth Boundary.
7. Consistency with other applicable criteria for the boundary change in question under state and
local law.
In previous sections, des report reviewed the proposal's consistency xvid1 other applicable criteria and
found it to be consistent.
(Tigard CDC 18.390.060)
4.Any applicable comprehensive plan policies; and
As demonstrated in previous sections of diis report, the proposed annexation is consistent with, and
meets, all applicable comprehensive plan policies.
5. Any applicable provisions of the City's implementing ordinances.
There are no specific irmplementin ordinances that apply to dhis proposed annexation. The Development
Code (Chapter 18 of the City Code will apply to die proposed territory if or when it develops.
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ZC?.2007-00003 PAGE 8 OF 9
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works Department reviewed the proposal and has no objections.
The City of Tigard Police Department has reviewed the proposal and has no objections.
The City of Tigard Engineering Department was provided the opportunity to comment on the
annexation, but did not comment. However, the Department made comments during the pre-application
and County review phases, indicating that die subject property was required to annex into the City to
receive City services.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue, which currently serves the proposed territory, has been given the
opportunity to comment, but did not continent.
The Beaverton School District has reviewed the proposal and notes that the subject property is not
within the Beaverton School District (BSD). BSD does not expect die annexation woL�ld impact its
facilities and, therefore, has no objections.
SECTION IX. PUBLIC COMMENTS
r
The City mailed notice surrounding property owners within 500 feet and all interested parties on
September 17, 2007. As of the date of diis report, staff has not received any written continents.
4, 9/24/2007
PA Aroily Eng DATE
ssistant Planner
9/24/2007
REVIEWED BY: Richard B e w e f DATE
Planning Ma ager
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