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Ordinance No. 08-11 QTY OF TIGARD,OREGON TtGARD QTY COUNCIL ORDINANCE NO. 2008- 1 AN ORDINANCE ANNEMNG 7.58 ACRES OF LAND, INCLUDING THREE (3) PARCELS AND RIGHT OF WAY, APPROVING TIE BRENTWOOD HOMES ANNEXATION (ZCA2008-00004) AND WITHDRAWING PROPERTY FROM THE TIGARD NATER. DISTRICT, WASI-IINGTON COUNTY ENHANCED ED SIZE 'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS`MAINTENANCE DISTRICT. VA-IEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), CARS 222.125, and CARS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the tenatoryproposed to be annexed;and WI-iEREAS, the City of Tigard is authorized by CARS 222.111(2) to annex contiguous territory upon the City's own motion; WF-MREAS, the City of Tigard is authorized by CARS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard. Water.District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WFEREAS, the Tigard City Council held a public hearing on August 12, 2008, to consider the annexation of three (3) parcels (Washington County Tax Map (WCIM 2S108AB, Tax Lots 1200 and 1201; and WCTM 25108 A, Tax Lot 4800) of land located on SW Bull Mountain and Roshak Roads and adjoining right-of-way,and withdrawal of said parcels from the Tigard Water District,Washington C-ountyEn arced Sheriff's Patrol District and Washington County Urban Roads Maintenance District; and IEREAS,pursuant to ORS 222.521(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore,no option regarding the assumption of debt needs to be made; and. I3EREAS,pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held public hearing on the issue of the annexation into the City and-v6thdiawal of the annexed parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District on August 12,2008; and WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington C ountyUrban Roads Maintenance District;and WFIE EAS, 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, 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 Metra 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. NOW,THEREFORE, CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels and right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol:District and Washington County Urban Roads Maintenance District. SECTION ': 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 "E" and incorporated herein bythis 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 take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing,filing with state and county agencies as required bylaw,and providing notice to utilities. SECTION 5 Pursuant to ORS 222.120(5), the effective date of the -withdrawal of the property from. Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTIO 6: Pursuant to CARS 222.465,the effective date of the withdrawal of this property from the Tigard Water District shall.be,July 1,2009. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED By UnQMn S vote of all Council members present after being read bynumber and title only,this �b day of ,2008. thy Wheatley,City Recorder J APPROVED:By Tigard Qty Council this — day of ,2008. g Dirlzen,M4or Approved as to farm: ty Attorney _ Date 2S 10 8AB, Tax Lots 1200 & 1201 EXFHBIT A (Including Right-of-Way) Legal description of Annexation to the City of Tigard A parcel of land located in part of the Northeast one-quarter of Section 8 Township 2 South,Range 1 West,Willamette Meridian,in Washington County, Oregon, more particularly described as follows: Commencing at the 3-1/4" aluminum disc, being the North 1/4 corner of Section 8 said point being the Point of Beginning: thence N 00' 2')' 24" E a distance of 155.12 feet along the East line of Tract "D" of Stanhurst, a subdivision plat recorded in Washington County plat records; thence N 89' 49' 35" E a distance of':)00.06 feet; thence S 00' 19' 30"W a distance of 155.07 feet to the Northwest corner of Lot 2 Wonder VieNv Estates, a subdivision plat recorded in Washington County subdivision records; thence S 00' 04' 53" E a distance of 635.13 feet along the west line of said Lot 2 to a point on the north line of that tract of land described in Document No. 2004-003518, of the Washington County deed records; thence N 89' 36' 18"W a distance of 147.71 feet along said north line; thence S 00' 23' 50" W a distance of 225.99 feet to the center line of SW Bull Mountain Road; thence N 79' 16' 44" W a distance of 156.43 feet along thecenter line of SW Bull Mountain Road to the intersection of the center line of SW Bull Mountain Road with the extension east line of Stanhurst; thence N 00' 07' 38" E a distance of 830-04 feet along the east tine of Stanhurst to the Point of Beginning. Containing 6.21 Acres ...... .................. NW Ifo NE 1/4 SECTION 8 72S RIW W M. 2S 1 8 A WAS f11N OTON COUNTY OREGON SCALE II I IQO:' 1200 .76 ir. • SEE MAP 2S 1 S .xR`rsmx .. .ar•:x ....� i9UNR p5�E LANE) �.. 4 , �aw es+..xiren r•,r�ap-�re,.. rr sec tr-aaaas r .,,xR.p«Rr lDl 1201 i ANO pg0 � aaimr. 1cs 13,A6N 1 is - I 3d L a taa Rore 1 a eCY.lxpa,"rAapcv,um,ugNpy 1 S p vx r $ i 102 100 19iAc PAI Ap 1 1 I 2. 3 -..cR1rJ••e5s 1 I I wRv u•R as Z)a u aRa 9 W 0 N D E R v f 200 gal a . GS.7356 I w 5 8 1 It•5 1RR,7ZT"I ® "r I a — 'xa'aaRp+.�eal rrr r e"°k, • n:x I SEE MAP SEE MAP - Mal 700.rr 700 300 25 1 8AA 2S. I BOR �x a 10 . 1300 1900 d.damr. ? .x••.•a xi• 115,7493900 OaO 400 +It7 r * TA $ R W' '^ 9,. FOR ASSESSMENT ar�nqa @ p . 5 5 $ PURPOSES ONLY '" " . .•,r p DO NOT RELY ON FOR ANY OTHER USE 8 • *xa.a e.o. `� T8�J1� -1 R• a.rr b Fx'k} Soo B '. 1503°.Rp 1. 8 i•r k � �IIl I .ri xi y'F ax M.Ro �. 4 r e • p IDOOr 7 'to._—— 361"0 I I I9O3 rai-R1 I to1 j 1 t� 1 1609 2290 35W $pY .95Ar. i �Eo #940. � '9<., CR��*.x, '• :1a .cr7AA W..3 Q$. 1. -.ei •c�:uR.. A•wrq ;t�«r -•r.rx r«ax. 341W 14511 °3, C.. 4 IS Qa r ' .iFAr. *+19C.! "•sic.._'✓ . J °i'i Ar wit. 12 00 ` I .V��$ 4 _ .19 Ar. " 3TOO q 5 .m .. L&243 6 38rA,.•r' TNAOT'H` N 19.E 1901" 14 'R sp LANE .3amr.. w 1 $ _ gq}p 1904. . SEE MAP 1402 1-31MM31 2EOtl 2700 2800 w ` '� ,icAr, €. �. 2S 1 BAD a .ir/r. q +7..8 8 9 3mo A1e wrs n•ei[ nr xxr "em arvvdr 1. SEE MAP 25 1 OAC 2S I BAB 2S108BA, Tax Lot 4800 (Including Right-of-Way) E3&HBIT B ANNEXATION DESCRIPTION The following described property located in the northwest one-quarter of Section 8 Township 2 South, Range I West, of the Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at the North one-quarter corner of Section 8 Township 2 South, Range I West, of the Willamette Meridian also being the northeast corner of Lot 4 Stanhurst as recorded in book 55 Page 27 of the Washington County Subdivision Records; Thence S 001 01' 37" E, along the east line of said Lot 4, a distance of 308.82 feet to the easterly southeast corner of Lot 4; thence N 61" 01' 43" W, a long the north line of lot 3, a distance of 101.13 feet to the northwest corner of said Lot 3; thence S 391 32' 55" W, along the west line of said Lot 3 and its extension, a distance of 284.61 feet to the center line of SW Roshak Road and a point on a non-tangent curve to the left; thence along said center line and curve to the left with a radius of 250.00 feet, a central angle of 5' 43' 57" (a chord which bears N 49' 12' 31" W, 25.00 feet) and a length of 25.01 feet; thence N 39' 32' 55" Ea distance of 265.51 feet to a point S 48' 26'34" E a distance of 48.39 feet from the northeast corner of Lot 6 Stanhurst; thence N 480 26' 34" W a distance of 48.39 feet to the northeast corner of Lot 6 Stanhurst; thence N 481 26' 34" W, along the north line of said Lot 6, a distance of 162.33 feet to the northwest corner of said lot 6 and a point of curve of a non tangent curve to the right; thence along said curve to the right with a radius of 16.00 feet, a central angle of 690 51' 48" (a chorda which bears N 690 09' 09" E, 18.32 feet) and a length of 19.51 feet to a point of reversing curve to the left; thence along said curve to the left with a radius of 45.00 feet, a central angle of 97' 58' 10" (a chord which bears N 551 05' 58" E, 67.91 feet) and a length of 76.94 feet to the most northerly southwest corner Lot 4 Stanhurst; thence N 39' 13' 24" Ea distance of 93.78 feet; thence N 89' 49' 39" E a distance of 145.00 feet to the point of beginning. Containing 59750 Square Feet; 1.37 Acres. { 2S 1 OSSA 2S 1 08BA rafMGa r g' y nm frau ��" ��apraa -ro 'k� palesea Q �p �8+ mm raiz e m r_ � -�. cl 53 tl� 54 yV 5ia fu'n ss t�• ? q 9'r9. ' 6 9s aG "� 30 ;41 _ i.d T to J F- h � �. ��m .-.�/ayT±fa rp lwym f„-.-q•+:,�msxgi tr.' k+`8. kms..,, -- ,, � / .. d ��� PALERM ]d- Jf pm g% S° f!1 n 31 K WA3L� # C LANE= 6 . ^'---a "y?¢ ,o, ivew is oxer "aa a . 3 ^r aria. �a k �a�'f {ZX �a a+ 7 2� O;r 3t 4 � yvr�. 11�� .—.� � kY..:-i -- --,-•--•-' C4:R� 03 02 01 C,qm 1t q---:xmn #' °sg-Ae °:`` °`�i =j 7790 _ �f Vii. • �9 p�t F s�3:ioaa? j. 1 ' _" *in x �E9W �m 1 INfN^ '!#9Yl j{mow, rNxlYl,. R e1aL,�..14 L.6 r a�.®t+attu 45l[E(+l npaxa��s..-. y m1�L ae•4 dry�' ai�dr� < fmr,„ga �C� ]�y! b9ou59G17 l 11 Gra�lr�:1! 32 4 °• 513a 114 COMER OW,G0.IERyO`'N''G571kE3 A �ka zo �{jE imuap 1 - afa J '�' $k a'n aiaap f m,s® p .�r4vroaa m4man �� . fl 25 O 0 + ..I"A 54W ,Ma, i3 A�14 61 4 3I 24iM1 ' fi" "�a Son. �9 N COUNTY OREGON ' P� t,:t,.. 1 y 12 $' �Rd 4o9d NEI 4 NW1114 SECTION 08 T25 R9 W W.M. • rsan - `m-•�e•,,,wa" 9�n�.! 4� i' 1 ,ate 'r'h. r'x3 ,p 4 SCALE A'a 1SI0' m Ir ' �tx>' - or# �.`.h r`ail ,.@ r ab a � - - . ma4 f P .a ssao ,„ °3&. ar 32 9s 'as a5'S8 5r, a 1 - n so0. tf".)' • " mrw to' m.mr �, cy I",11 it 0 r dr 5 h .�. m- mxo 2300 t t � � +re± { r" a ��8 um 0 5 30.0 err I {..3 la ""II 7$ r:` e a '161.1p f2 71 11 22' 7 1Ir I, �` t r M1 � aa-� gfi44�. a 4906 xu rm SW CC)LC)Nk PLACE - I. arm S, `" i p� 5 Y a , ` �S, � � G R b 11030 ¢ Y a79azar —'as ao. 'k 2700 2700 ±z 3$0. "4 ay y .y '! 5h°,yi +I n 3$ �7, a �- ' elo0 ^ga'�$. 730. 4' 20ca 4 2 '! <y4 i4 �.�„ ` FOR ADMIONAL ° ITE 2 .� 3= - y PLACE: 4 ^ S w;a 4 r a `� 4'�° 4&G9 mrx caws hfrtr0n3.LS F85f7EA7 I --'r ,u s.._�'."""'"rTm"— -•rl 'ea �7- ° } 'tio 98E ell �� zP 2400 Y \ .$8 II HA A8 AA R r 4 4 $ E I \6200 rj�+ i`.�@ 13 t wJgr- 1r. 8�7' :raram 3390 W ..aeam a "s '` �''' ,� 1000 ,y S1 ?x3x,.�_ '-1}4 ,71 A,.� . . .� _I 7( 4 0 ......-..... t4a. ]009 '^k .li hi %��y �'�,� 0 460 y(3 Ell r G '.Ail +� f' 5200 3100 1� p 1 lOtl9 4390 yjf I2 4 . { ) 6f _' Qla J { 1` = a � 9 tl1 a. 7r 1 R � nA { mm rwm'— i r. vi � . ac nimss ��y ;�� S '� S: 3409 Q SYY CO 1.'Q .:.$� 7600 ]i� 4t '•'{.e7 on ..9 +8 3 I +L-.—.. ..�., r,.s 15im si q p°h - Cals=aftdTaxWEar.291o5BA 17DO hq .moms.- �B 1200 ��. 1300 1400 ti 0 05090� r �° -�` �1,100.dr0.,S2005101.4g01.3W.tGr. COLONY DRIVEi � s � 4 �� 5 e99 % ��## 07¢0 o 6000 v a, 9 C1 3500 m 3 f $$k in 1100 3700 f+ 3500 P� 3090 � 4000 ) � @ 4W L nrm � nam j7,.-- 4J m'- -_r a ,i'Y��':G=f 9Go A 79a � {?fU�c'OGRAPHY I 3 9000 g.. �,j 7000 d4� jgi f� 4300 = 4190 ! p>500 L _ IID I I I as f PLOT SATE.December RP SES FOR ASSESSMENT PURPOSES US �„ $rel f U) arrL'c6ON T ET ELE LUV +xm. 9 d m"aaam sa. 1 RC3Af C:R "S � BULL MOUNTAIN m� ROAD Tas.'' 4pbrm aaea� p"'4.4 k. m chair r° 4 .'--.:�, .., _.x�� -._,�._ .�r a .a.-=• -..:.. _ ..r re. 0 ® $$ ,f 114 @� g��rea A ttl 9110 "�' .�?1-+,-•' v•n•���=� � _ 14 . ai. 10.. ,� iC "� 4.,-. o_ r1 z °^ .r•Rc - .° .. ' 2S 1 08BA 2S 1 08BA Uooa crtewic arra wts•Taw o�rrea VICINITY ZCA.2008-00004 BRENTWOOD HOME ANNE-K-J TI AKE-R LI'V0 0"" F T G A d SUBJECT SITE - I NY PL ` � l �2 a y, T1�.a.i3aaa ltap pig V�✓ ii V b 90 too 270 390 450 Feet r-=937 t 4 saa J Information on this map is taroenera$o=wn only and should be varifed with the[YeaaWpmant 5aru cos Qiaisian, 191#5 5UY 1{ali 01wBULL MOUNTAIN RQ r) Tigard,OR 97229 (503)039.4171 J tmp:lho ww.c.i.ti9ard.or us Community development Plot date: Jul 25,200Q, C:lmaigic\MAGIC03.APP TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owners) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and-give consent to, Annexation of said property to the City of Tigard. We understand that the City�vreview this request in accordance with CARS Chapter 222 and applicable regional and local policies prior to approving of denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF L CSV -Property Owner&Re stered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME I iso IRV OV ADDRESS Townsl;p/ 141a Tax Lot Precinct DATE Section Number Number Number K .- . -:, J +►�ttil�c z est - r-. c '51 ©g fl& I R DO L41D r 1-b l�7 H isVurpIn\masters\revised\an%per .t 2 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the propert described below and/or elector(s) residin at the referenced locations), hereby petition for, and ive consent to, Annexation of said property o the City of Tigard. We undersand that e City will review this request in accordance with I S Chapter 222 and applicable regional and local policies prior to approving or denyin: t n Annexation. r l Al,, LEGEND: JUIJ 2008 PO- Property Owner = a RV- Registered Voter f - & I FE ING PAGE F OV- Pro ort Owner& Registered Voter AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV ov ADDRESS To"ship! Map Tax Lot Prednct uATE. Section /dumber Number Number 1'560-5 5'Ll�l , 5' a , So WOO c i.tcurpintrmasterslrevisedlanxpeln..ms l 15-Aug-42' EXHIBIT E Hearin Date: Au ust U. 2008 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL ti. FOR THE CITY OF TIGARD, OREGON 120 DAYS NIA SECI"ION 1. APPLICATION SUMMARY FILE NAME: BRENTWC7CJD HOMES ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2008-00004 APPLICANTS/ APPLICANT'S OWNERS: Sun Midge Builders,Inc. P: LanPacific,Inc. DBA Brentwood Homes Scott Ermmens &Rene Nelson Attn: John Noffz 5125 SW cadn,Suite 140 15170 SSI Finis Lane Poi land,OR 97239 Tigard, OR 97224 OVVNERS tined Clarence and Barbara K.Z cla lir nexation): 15605 S4 Roshak Road Tigard,OR 97224 PROPOSAL: Annexation of three ( � parcels tot 7.45 7.45 acres plus 0.13 acres of right of-w=ay t2no to the City of rgarzl. The initi applicant and owner is Srzn Ridge Builders, owner of Tax Lots 1200 and 1201. Sun Ridge Builders plans to develop its 6.1-acre roperty into a 16-lot subdivision called Brentwood Estates. The prope MCC �nd use approval from Wash"' `a on County( aC�o) on November 6, Z00 pp " (Waco Casefile 07-314-S/DR.). The su ject proper is required to be annexed to receive public utility services. The connection for public utilities will be from within the Cach Creek property, which is within the City and owned by the City. The City invited the owners of nine neighborin ppro cities to join the annexation and the owners of one 1.35-acre property(1560 SW oshak Road) accepted. The property owners of the three subject parcels have consented to the annexation. LOCATION: SW Bull Mountain Road tots st before SW Roshak Roadaslrisr�g�ori County Tax Map 51U8AB,Tar1200 and 1201), and 156,95SW Roshal Road ( ICTM 7108B Tax lot 4800). CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington C aunty R-6 District 'is to implement the policies of the Comprehensive flan for areas designated for residential development at no more than six (6U-2 nts per acre and no less than five (le uraits per acre,except as specified by Section or Section 303-6. The intent of R-6 District is topRrovrde the opportunity for more flexibility in development than is allowed in thel-15 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,5001' square feet and the mini num lot area shall be 4,(7(30 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. BRENTWOOD HOMES ANNEXAnON ZCA2008-00004 PAGE 1 OF 10 EQUIVALENT CITY ZONE. It-7: Medium-Densitv Residential District. The City of'Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached srngle-f .y homes with or without accessary*residential units at a minimum lot size of 5,0�( square feet, and duplexes, at a minima n lot size o�10,000 square feet.Mobile home parrs and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA:- CTS Cha 222, Metro Cade Chapter 3.09, Gc)mm ity Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Gaal 1.1 (Updated Version); Goal 11.1 Policy 4 (U dated Version), Goal 11.3,Policy 6 (Updated Version)and Policy 10.1. (T`�tan-updated Version). nj, SECTION II. STAFF RECOMMENDATION Staff recorntrrends that the Council find that the proposed annexation (Z 008-00004) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Cade Chapters 18.320 and 18.390, and the following Comprehensive Flan Goals and Policies: Geral 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated. Version); Goal 11.3, Policy 6' (Updated Version) and Policy 10.1 ( ton-updated Version). Therefore, staff recommends APPROVAL of ZCA2008-00004 by adoption of the attached ordinance. SECTION III. BACKGROLTND INFORMATION The pro osed annexation includes three (3) parcels and adjoining right-cif-way on Bull Mountain and Roshak Roads. The arcels are located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (Z(%006-00002). The Sun idgeparcels are cont ous to the Cityalon the north and east boundaries of Tax Lot 12010 and a portion of the east bounduaty of Tax Lot 120 The Zickulu property(Tax Lot 4800) is contiguous to the west boundary of Tax Lot 1201. Tax Lot 1200 is heavily treed and contains sensitive land areas including steep slopes (aver 25% grade) and significant habitat. Tax Leat 1201 is gently sloped with sparse trees. Both parcels are vacant. Tax Lot 4800 contains a single-family dwelling built in 1961 with mature landscaping and significant habitat areas overlaying the northern portion of the property. The total area proposed for annexation is 7.58 acres. The parcels are 7.45 acres and the proposed right-of- way is approximately 0.13 acre. The City invited all adjacent property owners to join the annexation and received one petition from Clarence and Barbara Zrckuhr the owners of an adjacent property with access from SW Roshak Road; all owners of the subject parcels that have petitioned for annexation have consented to the annexation. Clarence and Barbara Zickuhr are the only registered voters within the proposed annexation area and both have signed the etition to annex. Therefore, 100% of property owners and 100% of the registered voters have petitioned for annexation. BRENTWOOD HC?NIES ANNEXATION Z(A2008-00004 PAGE 2 OF 10 SECTION IV. APPLICABLE REVIEW CRITEMA, FINDINGS AND CONCLUSIONS State:'C)RS Chapter:222 Regional:Metro Code Chapter 3.09 City: Community Developmens Code Chapters 18.320 and 18.390, and the following Comprehensive flan Goals and Policies: Goal 1.1 (Updated Version)• Goal 11.1,Policy (Updated Versi6h); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updateVersion). A.CITY of TIGARD COMMUNITY ITY DEVELOPMENT �(TITI E 18) Staff has determined that the pro�pposal is consistent with the relevant portions of the Community Development Code based on the following findings: Chanter 18.320.020.13: ADoroval Process and Standards. Approval Criteria. The d6cision to approve, approve with modification or deny an application to annex property to the City shall be based on the following criteria: 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 (Non-updated) (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 proposed area "if 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." Upon annexation, the subject pro erty will be zoned R-7, a Medium-Density Residential zone, with a nu u .lot size of 5,000 square eet. The subject properties total 7.45 acres. The Brentwood Estates WACC approval included 26 single-family and duplex units. Tax Lot 4800, based on the 1.35-acre size of the prc�pe , ccauuld Dave an estimated maxrrnum of 9 units. Steep slopes on the parcel could reduce the rnax mute c of nsity on this parcel. Based on the available informati6n,staff estimates a maximum density of 35 units on the subject property When these sites develop,the applicant wiH be required to connect to public service facilities. The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate, as well as consider the sensitive lands present. Water- City of Ti ard. Tigard Water District is the current service provider for the subject properties. Upon ' exatron, ity of Tr ard will be the provider of water. Water rs available to serve the subject property According to the Jr 24, 20108 letter to aura Ridge Builders, Inc, from City Engineer tus arenas,the water system does ave tl e overall infrastructure and adequate capacity to serve the properties to be annexed at the rrrost intense use allowed without significantly reducing the Ievel of service available to developed and uutdeveloped land within Tigard. Sewer- Clean Water Services/City of Tigard. Clean Water Services (CADS) is the service provider of sewer service. The exist*IT single-farfrily home on Tax Lot 4800 is on a septic systema. The owners do not have immediate plans to evelo the property with more dwelling units. f or:when the parcel develops, the parcel will alread be inside city limits and will be re Lured to receive City sewer services. The Brentwood Homes subdivision approval shows connection to sewer to the north in Barer Lane. The owner and the City are in negotiation for an alignment through.City property for this connection. Upon annexation the City of Tigan[will be the provider of sewer service. According to the July 24, 2008 letter to Surra T is ge Bulilders, Inc, from City Engineer tus Duenas, the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the City. BRENTWOOD HONES ANNEXAMN ZC.A2008-00004 PAGE 3 OF 10 • i i i` 16 i i• • i " i 6 i ! i + i i i s�� • •i i i i •i • •e i • f ! r ! •q • ! • ! • M #i ! • • • a • M s • "s ` ! • ! • s i r s ! i i •® ! i si` `i ! • a s s a ii ! -i i i i i - � � e i ! - �`s e ! ® - a - ® . - - i - s ! .! - - �- - g • • • ♦ i # ! !i ! i- ! f ® i ! ! • i a � i, i i" �` ��a ip i i 1! - ••. . - - - i s r ` - a - • +r - • - _ - - _ _ s - s _ o - _ i-a • � i _ ! ii • � � • -i ! ! • ! � •, i• ii • • i i • i� •• f • M • • • Y ! • i • li `• •- - -6 i i -• !! • i • • ` 8 M ii "! • � -i t - !#A • i i i • i • # i if i i • i -• • i ii i ! i i l # �i� • • •!" • 1 i ! `i • ! i • t ■' �� ! ��• s ��� � � ! iti * f In addition the City maintains a list of interested arties organized by geography. Notice was mailed to interested parties in the West area on July 21, 208, including former members of Citizen. Involvement Team.West. Staff finds that this policy is met. Goal 11.1 f Updated). Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving; City storinwater services. A single-family home exists on Tax Lot 48001 and the owners do not have immediate fans to develop the �perty with more dwelling units. If or when the parcel develops the parcel will ready be inside city is and will. be require to receive City stormwater services. he rentwood Homes subdivision approval shows connection to City stormwater services to the north in the Cach Creep. area. The owner and the City are in negotiation for an alignment and outfall on City property for this connection. The City has stipulated that the owner complete the annexation prior to any site work on City property. Therefore, this y is met. Goal 11.3 (Updated): Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. A single-family home exists on'Tax Lot 4800 and the owners do not have immediate pTans to develop the �perty wrtll more dwelling units. If or when the parcel develops, the parcel already be inside city is and will be required to receive City sewer services. The Brentwood Homes subdivision approval shows connection to CWS sewer to the north in Barer Lane. However, since the sewer must cross through Ci groppe the sewer will become City sewer. The owner and the City are in negotiation for an alignment through ty proper yy for this connection. The City has stipulated that the owner complete the annexation prior to any site work on City property. Therefore,this policy is met. Policy 10.1.1 (Non-updated). 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 develo�aed 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, 3. Police; and 6.Fire Protection. As addressed under 18.320.020 above, all services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area. b) If required b an adapted capital improvements program ordinance, the applicant shall sign and recon)with y ashington County a nonremonstrance agreement regarding tthhe following. 1. The formation of a local inr rovement district (L.I.D.) for any of the following, services that could be Tewe navided through suc a district. The extension or improvement of the following: a) Water, b) r, c Diainae, and d) Streets. 2. The formation of a special district for any of thy, above services or t7ie 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 nonrenionstrance agreement for this area. Some urban services are alreaXy available for the proposed annexation territory; others are available nearby and would require connections from the proposed: annexation area if the properties are developed in the future. tl The City sharovide urban services to areas within the Tigard Urban Planning Area or within the Urban Gro2i Boundary upon annexation. The proposed territory is within the Tigard Urban Plannin Area and within the s Urban Growth Bounda . UNanning on annexation, urban services will be pprovi ed as outlined in the chin ton County- Tigard TJrban Na ` g Area Agreement,Tigard Urban Services Agreement and current Citypolicies. Staff finds that this policy is met. Z REPT nVOOD HONES ANNEXATION ZC:A2008-00004 PAGE'5 OF 10 Policy 10.1.2 (Dion-updated)Urbanization. Aproval of proposed annexations of land. by the City shall e based on findings,with rectspeto the Vlowin : a) The annexation eliminates an existing "pocket" or"island" of unincorporated territory; or,b) he annexation will not create an irregular boundary that makes it difficult for the police in an erne envy situation to determine whether the parcel is within or outside the Ci , c The Police Te artment has commented upon the nnexation; d the lard is located wiiYin tike Ti and a of me est and is conngnous totheCity boundary; e) he annexation can be accorn o ated by the services listed in 10.1.1(a). a) The subject parcels are contiguous to the City and are located in urrincorporated territory in the Tiand Urban Services Area and Tigard Area of Interest. The properties are only accessed from S Bull Mountain and Roshak Roads which is typical of other properties located north of Bull Mountain Road to the east. Annexing the subjectparcel and ad'olnmg right-of-way would help to reduce a ppo��__�cket of unincorporated territory located north of Bull Mountain and I�oshak Roads and west of SW 153,4 Avenue. b) The proposed annexation will not create an irregular boundary that will make it difficultfor the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subiect properties are clear. c) The City of Tigard Police Department was .notified of the proposed annexation and suggested that a monument marker be�placed on But Mountain Road to identify house numbers located on the private access drive to J'ax Lent 4800. A monument marker currently exists identifying the four dwellings which take access from the private drive. d) The UPAA (2000 includes the prop9sed annexation territory within Tigard's Area of Interest.The proposed annexation territory is contiguous to the City. e) Lastly, as the findings for Chapter 18.320.020, above, demonstrated, the annexation can be accommodated for tie following services: water, sewer, drainage; streets; police; and fire protection. Items a through e have been met. Therefore staff fronds that the proposed annexation meets Policy 101.1.2. Policv 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Wash zoning d designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforrns to the county zoning designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page. TABLE.AZOA C ONVERSibti TABLE FOR COUNTY AND CITY PLAN AND ZONING MSIGNATIONS Wailiington County Lind Vie City aT1�015 Kiitig fltr oCTlgnad - Distilats,Plau Designatlon Pratt L e0pidtion R a, ;5 tutus acla RA°5*R-J n7 su.it. Lear deueil.v 1.5 uiuts aria SFR 5,0x0 w. ft. Med,d deusitr(-1*units a5 re RA atis-P iuiiss c1? R-._'l idn-fanaly 12 ituts acre Med datisity 6-1"anz acre •i�Res.{�uists:-rclt F::-,Rh+l;i-fanilc i^auals acre Med,daiisinr6-12 iuuts acre ?15 Ret.3'umtt acr-2 a-_5 Muln-fuuih._' rims acre Medima-High denuw 1'-2- =M aztz 3'q Fr.'s 14 tuaa acies R>5 Mtilti-faiully 25 uinis..crabiedtttu-Hiatt deasirs`1�-3 GU2ti4!acie Cn.ice C'aittntetccat C'-P coulauwial?Jo:i,swtwl CP Commercial Plofeziioual NC-Ni inht,,nL<adC iui.erriat i:'T.:ties.htaihoodCoirnnciat CNNeielibcrlicudCotatimcial C'BD C.x)1uieiciat Blvjnezt C'BD Cmiaw ictal Business CBD CcutmeiciU Btluin-?s4 :Di;%tct D snict Milim P,i G-me;al Conum cial CO Gene it Ccmiaeicial CO Geti?rtl C01W11eicial LND Ind'.1gt l I:L Lsnlii hAntiial Listhtlndustriais BRENTWOOD 1-101tIES ANNEXATION ZCA2008-00004 PAGE 6 OF 10 The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the 'aunty's plan and tang designano ns. R G aunty zc�n�n converts to the City's 17 zonir� . As this is a Zone Change Annexation (ZC.A) pplication, up on approval and execution o the propose annexation the strbjcc arcel will automatically convert to R 7 zonzng. In addition, the C ity's 'amprehensve Flan designation or medium-density resrderztial will be applied to the properties. Chanter 18.320.020.0 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 mast closet irnplernents the City's or County's comprehensive plan n7ap desr nation. The asci runent of these designations shall occur autornattcally and concur7ently witgh the annexat orx. n the case of land which carries County,designations, the City shall convert the Cour "s comprehensive plan snap and zona designations to the City designations which are t] e most srtnilar. A zone change is required if the applicant requests a con-rprehensive and/or zoning snap designation other than the existing designations. (SeeChapter 18.380). A request for a zone change can be pprocessed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard -7 zoning district is the most similar to Washington County's R:6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned 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. Chapter 18.390.060: Type IV Procedure Annexations areprocessed by means of a Type IV procedure, as governed by Cha ter 18.390 of the Corrrmunity Deve o meat Code (Title 18) using standards of approval contained in 1090.0203, which were addressed in rite previous section. Cha ter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 20 days prior to the hearingbyy mail and to publish notice at least 10 lousiness da prior to the hearing- the City marled notice on Jul3�21, 2008, and �published public notice in 7"11 7"gc�x i, rWatrn v Tii for two successive weeks (July Z4,2008 July 31,2008) prior to the August 12,2008 public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a 'Type IV decision: 1. The Statewide Planning Goals and Guidelines adapted under Oregon Revised Statutes Chapter 1979 The City's Compprehensive Ilan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planninggoals. As reviewed above, the annexation proposal meets the existing Comprehensive Ilan policies and is,therefore,in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222. Sta�w(ORS 222.120(4)(bd, ORS 222.125 and ORS 222.170(1)) allows for a city to annex contig�rous territory whhen owners of torr in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a cityto act on its own motion to annex contiguous territory A city is not required to hold an election or such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing� before its legislative body (City Council) and pprovide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a news aper of generalw circulation. in the city and shall cause notices of the hearing to be postedd rn four public places in the city 45 days prior to the caring. Owners of the subject parcels have signed petitions for annexation to the City. The subject parcels are contr ous to the NsbouliftThe City has acted on its own motion to annex the right-of-wayon S' ountain andRoshaads,which adjoins the subject properties. BRENTWOOD T-MES ANNEXAMN ZCA2008-00004 PAGE 7 OF 10 The Ci paublished ublic notice in The Ti rni Tualatin Slx Tint for two successive weeks (July 24, 2008 8. tilt'31, Cl0 pprior to the August 12, 008,public hearing and posted.the hearing notice for public view on June 27, 2 (l8: Tigard Library, Tigard City Hall, Tigard Pernut Center, an at the proposed territory on SW Bull Mountain Road. Staff farads that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Cade (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review staii6rds. Note that this report is available 15 days before the hearing (July 29, 20108 for an August 12, 2008, hearin . Staff has deteirn ned that the a livable METRO re rlatrons etro Cade 3.09.040(W 8�d have �een met based on the To—flowing indirlgs. Metro 3.09. 40 (b)—'hater than 15 days prier to flare 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 in this report,urban services are available to the affected territory. (2) A description of how the proposed bounda change complies with any urban service provider agreements adopted pursuant to ORS 195.0 5 between the affected entity and all necessary parties; As addressed previously in this report, the annexation�proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUBA (2006). J3) A description of how the proposed boundary change is consistent with the comprehensive and use plans, public facility Vans, regional fraTonamework and functional plans, r l urban.grogoals and objectives, urn planning agreements and similar agreements tithe affected entity and of all necessary parties; As addressed previousl in this report, the annexation proposal complies with all applicable oafs and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (US A (2006) anal TUSA (2006).The}�ro osed annexation terrtoryis within the Urban Growth Boundary and subject to the Regional Framewor=k Flan and Urban Growth Mana ement, Functional flan provisions. There are no specific applicable standards car criteria for boundary ranges in the Regional Framework Plan or the roan Growth Management Functional Plan.I3owever, the CC�iity's Coprehhensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complyrng with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Frameworl�flan. (4) Whether the proposed boundary change will result in the withdrawal of the affected. territory r-orn the legal boundary of any necessary party, and The__��pproppo�osed territory will remain within ashi%on County but will be required to be withdrawn from the asfvsrgton C ourrtyEnhanced Sheriff's Patrol District Washington County Urban Roads Maintenance District andthe Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will tale place August 12, 2008. If the Council adopts findns to approve ZA200 - 00004,the effective date of the annexation will be 30 days later on September 11, fl08. BRENINVOOD HONES ANNEXAMN 2CA2008-00OG4 PAGE 8 OF 10 Metra Code3.09.040 d d An approving entity's final decision on a boundary change shall include findings and conclusions add ssin� ie following criteria: 1. Consistency with directly applicable rovisions in an urban service provider agreement or annexation plan adopted pursuant to 0 195.065; As addressed previously in this application., the roposed annexation coo lies with all applicable provisions of urban service pprovider agreements ( AA (2006) and the 7�15'r1 ( Cffl. The pro��ppo�_�sed annexation is in the Area of Interest and Urban Service Area, which are subject to the PAA and TUBA. The agreements state that the County and City will be supportive of annexations to the City. Therefore. the.proposed annexation is consistent with these agreements. 2. Consistency with directly applicable ovis ions of urban planning or other agreements, other than agreements adopted pursuant to CRS 195.065, between the affected entity and a necessary pages The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice re uirements in the UPAA, providing Washington County with 45-da notice prior to the public hearua . e aggr�.eercent states that so that all propertr"es within. the Tigard roan Service Area will be servedgby the City, the County and City will be supportive of annexations to the City.,' The annexation proposal is consistent with this agreement. As previousl stated in this report, this proposal meets all applicable City of Tigard Comprehensive flan provisions. s 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 under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Com rehensive Plan, the annexation is consistent with the Functional Plan and the 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 the provision of*public facilities or services because it i consistent with the terms of the TUSA (2006),which ensures the timely,orderly, and efficient extension of public facilities and urban services; it is contiguous to existin city limns ant! and and lastly, urban services are available to the proposed annexation.territory and Save not been found to significantly reduce existing service levels. 6.The territory lies within the Urban Growth Boundary; and The proposed territory is within Metre's Urban Growth Boundar.•y.. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. and CDC 18.390.060) 4.(Tity applicable comprehensive plan policies, and As demonstrated in previous sections of this 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 urnplementin ordinances that apply to this propused annexation. The Development Code and Municipal Code will.appy to the proposed ten-itory if or wlen it develops. BRENTWOOD HOMES ANNEXATION ZCA-7008-00004 PAGE 9 OF 10 SECTION VIL OTBER STAFF COMMENTS The Ciy of Tigard Public Worls Depa ent reviewed the proposal and provided comment in a June 200 email from Brian lager which outlines the tentative terms of an easement agreement between the Ci and SLua Midge Builders, Inc for the development cif the Brentwood Estates project. The outline adressescledule,permitting authority,easement scope,utility alignments,and pathwayunproveents. The City of Ttern-iined nd Police Depanent provided comment on the annexation stating that the Department has that it-has adequate services to serve the most intense use allowed and that providing services will not significantly reduce the level of services available to developed and undeveloped land witff the City of Tigard. The Ci. of Tiard EngineeringDivision provided comment on the annexation with a copy of a letter to Sura�dge Binders, Inc, from Agustin Duenas, City Engineer, dated July 24, 2008. The letter confirms thaVign capacity to roide water sanitary sewer, storm drama e, an streets to the subject properties�fieant redluction in the fevel of services provided to dgeveloped and undeveloped properties in te City. SECTION VIII.. AGENCY COMMENTS Clean Water Seivices (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. SECTION IX. PUBLIC COMMENTS The GMT mailed notice to surrounding property owners within 500 feet and all interested parties on July 21,200 As of the date of this report,staffhasnot received any written public comments. % {{ 7/25/2008 PREPARED BV- ryPagenstecher DATE Associate Planner BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 10 OF 10