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Resolution No. 04-58 1 CITY OF TIGARD,OREGON RESOLUTION NO.04-6`3 A RESOLUTION AND FINAL ORDER APPROVING LAND USE APPLICATIONS ZCA 2003-00003,ZCA 2003-00004,ZCA 2003-00005,ZCA 2003-00006,FOR ANNEXATION OF CONTIGUOUS AREAS IN THE BULL MOUNTAIN AREA,ADOPTING FINDINGS,AND IMPOSING CONDITIONS. WHEREAS,staff has prepared a Bull Mountain Annexation Plan;and WHEREAS,the annexation proposed in the Bull Mountain Annexation Plan would add 1,376 acres,including approximately 7,600 residents living in 2,600 homes,from an area of unincorporated Washington County known as Bull Mountain to the Tigard city limits;and WHEREAS,Bull Mountain is located within the Metro Urban Growth Boundary;and WHEREAS,urban services to the Bull Mountain area will be provided according to the Tigard Urban Services Agreement;and WHEREAS,the Annexation Plan states that the City of Tigard can serve the Bull Mountain area without a significant reduction in city service to Tigard residents;and WHEREAS,on December 16,2003,the Council adopted a resolution that directed staff to hold a public hearing on the land use applications(ZCA2003-00003,ZCA2003-00004,ZCA2003- 00005,ZCA2003-00006)in July 2004 and to consider the annexation plan;and WHEREAS,in accordance with the December 16,2003,resolution,the City Council held a public hearing on the Bull Mountain Annexation Plan on July 27,2004;and WHEREAS,the City Council received additional written comment until August 3,2004;and WHEREAS,the City Council has reviewed the testimony,submittals,and staff report on this matter;and WHEREAS,the City Council by resolution has accepted the BL111 Mountain Annexation Plan as providing guidelines for the annexation of unincorporated areas of Bull Mountain;and WHEREAS,the City Council concludes that the annexation proposed in applications ZCA 2003- 00003 through 00006 are in compliance with all applicable review criteria in the Oregon Revised Statutes,Metro Code and the Tigard Community Development Code,as described in the Findings and in the Staff Report;and C:\DOCUME-1\Jane\LOCALS-1\Temp\BMRESO-2.DOC Resolution No. 04-59 Page 1 WHEREAS,the proposed annexation is subject to voter approval under ORS Chapter 222; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Land use applications ZCA2003-00003/ZCA2003-00004/ZCA2003- 00005/ZCA2003-00006,relating to the annexation of the Bull Mountain area by the Bull Mountain Annexation Plan,are approved. SECTION 2: The Tigard City Council adopts the"FINDINGS AND CONCLUSIONS REGARDING ANNEXATION OF BULL MOUNTAIN AREA TO CITY OF TIGARD BY ANNEXATION PLAN"as findings in support of this decision. A copy of those adopted findings is attached hereto as Exhibit B and incorporated herein by this reference. The Council adopts the Staff Report to the City Council,attached hereto as Exhibit C and incorporated herein by this reference,as additional findings. The Council further adopts the Bull Mountain Annexation Plan(Exhibit A),as additional findings. SECTION 3: The annexation shall be submitted to the voters in the City and in the area to be annexed as provided in ORS 222.111(5). The Council will consider a ballot title at its August 10,2004,meeting. SECTION 4: This resolution is final and effective when notice of the decision is mailed. The finality and effectiveness is limited to the land use applications and to the decision to submit the annexation proposal to the voters. The annexation does not become effective unless and until the annexation is approved by the voters and the Council proclaims adoption of the annexation. PASSED: This day of _2004. Mayo7-City of Tigard ATTEST: i i Jane McGarvin,Deputy City Recorder 1_ C:\DOCUME—I\jme\LOCALS-1\Temp\BMKESO-2.DOC Resolution No. 04-5V Page 2 EXHIBIT"A" THE BULL MOUNTAIN ANNEXATION PLAN A STEP TOWARD COMPLE TING OUR COMMUNITY CITY OF TIGARD JULY12,2004 s i i i i THE BULL N1[ OUNTAIN ANNEXATION PLAN JULY 2004 PRODUCED BY: THE CITY OF TIGARD IN COLLABORATION WITH WASHINGTON COUNTY I C[TX OF TIGARD. • 13125 SW HALL BLVD. i TIGARD,OR 97223 503/639-4171 TABLE OF CONTENTS ExEcvrivE SummAKY I.INTRODUCTION 1 II.ANNEXATION PLAN CRITERIA 5 A. LOCALS'rANDARDSOFURBANSERVICE AVAILABILITY 7 B. SCHEDULE FORPROVIDING URBAN SERVICES 10 C. TIMING AND SEQUENCE OF ANNEXATION 13 D. EFFECTS ONEXTSTING URBAN SERVICES PROVIDERS 16 E. LONG-TERMBENEFITS OF THE PLAN 19 III.ADDITIONAL REQUIREMENTS 21 IV.CONCLUSION 23 APPENDIX A:GLOSSARY APPENDIX B:FISCAL ANALYSIS UPDATE APPENDIX C:TAX RATE TABLE APPENDIX D:TIGARD URBAN SERVICE AGREEMENT,NOV.26,2002 APPENDIX E:EVALUATION CRITERIA FROM 2003 ASSESSMENT REPORT APPENDIX F: LIST OF PLAN AREA ROADS BY TRANSFER STATUS FOLLOWING ANNEXATION APPENDIX G:CHANGE IN SERVICE LEVELS BETWEEN COUNTY AND CITY FOR SERVICES WHERE PROVIDER AND SERVICE CHANGES UPON ANNEXATION TECHNICAL DOCUMENT B(AVAILABLE SEPARATELYI ■ Draft Faalitie aryl Public S&va5 Assasnxr&Rgw?t for the Buff Maouain A raz,2003. ■ 71x-Bufl MaaYain Arvrxadon Su4 2001. i i i i ExEcunw SUMMAR ANNEXATION PROPOSAL The Bull Mountain Annexation Plan is a Cityof Tigard proposal to annex 1,376 acres of Washington County known as Bull Mountain through the annexation plan process.With voter approval,the entire Plan Area will be annexed effective July 1,2005. The plan area is generally bounded on the north by Barrows Road,on the east by Tigard City limits,on the south by Beef Bend Road,and on the west partially by 150th Avenue and near Roy Rogers Road.Map 1 on p.4 of The Bull Mountain Annexation Plan denotes the Specific boundaries.The proposal does not include the LJGB sites 63 and 64,but their adjacency to the Plan Area was factored into the analysis. Upon annexation,the City of Tigard will be the service provider to the annexed territory for the following services:building and development services,water,street light maintenance, road quality maintenance,parks and open space,street maintenance,police,long-range planning,sanitary and storm sewer. Tualatin Valley Fire and Rescue will continue as the fire protection and emergency service provider,TriMet will continue as the mass transit provider,and school district boundaries will remain the same. ANNEXATION PLAN FOUNDATIONS Twentyyears ago,Washington county and the Cityof Tigard laid the groundwork for bringing Bull Mountain into Trgard's city limits(annexation).Although cattle and farms shared the mountain at that time,the County and City recognized that the area's inclusion within the Urban Growth Boundary would eventually lead to urban development.State land-use planning goals require the UGB to contain a 20-year supplyof land,and,when conditions warrant,lands within the boundary must be available for urban uses.Washington County and Bull Mountain residents developed the 1983 Bull Mountain CommunityPlan,which assigned urban densities to the area but did not provide for all urban services. Statewide planning Goal 14 directs local governments to have a plan in place to allow for an orderiyand efficient transition from rural to urban uses.In 1983,the County and Citysigned the Urban Planning Area Agreement(UPAA).The UPAA established Bull Mountain as part of the City's planning area and paved the wayfor the County and City to joindyserve the area.At the same time,the Citys long-term vision for land-use and development in Tigard(the Comprehensive Plan)encouraged the annexation of all unincorporated areas.The City acknowledged that it should provide urban services to its own citizens-once areas require urban services,residents should receive all the benefits of citizenship,including representation. 7 i Today,Bull Mountain has grown beyond its Waal roots,and become an urbanized area with streets,sidewalks,and urban service needs.Farms have been largely replaced by subdivisions built at the same densities as adjacent Tigard neighborhoods.Urban areas need urban service providers—and cities,not counties,are best equipped to provide urban services.Over time, the needs of an urban area will outpace a non-urban provider's service capabilities. The Tigard City Council established a goal in 2001 to develop an annexation policy/sttategyfor unincorporated areas.From 2001-2004,the City has thoroughlyexunined annexation and urban service issues for Bull Mountain.7heBrd1MaarainAma ra6mPlanbui1ds upon these efforts and proposes an annexation strategy.It addresses the how,when,where and who of annexation. State law created the annexation plan process as a growth management tool for jurisdictions:the plan must address criteria related to urban service provision to the Plan Area,and is a pre- requisite for an annexation vote by the annexing city and Plan Area. PLAN SIGNIFICANCE There are approximately 7,600 residents living in 2,600 homes on the mountain's approximately 1,376 unincorporated acres.Estimated development of the remaining land would raise the overall population to approximately 10,000.This additional growth will require additional facilities and services.Without annexation,the City has limited abilityto plan for,provide for,and manage growth outside its City limits to ensure that efficient and effective public facilities and services are available when needed.The current operative plan, The Bug Maoraw C 7rnarity MV4 was adopted by Washington County more than 20 years ago.The County has stated that it does not plan to undertake a comprehensive update of its comprehensive plan,including Wx Bull Maavav CarmozityPlan.The County will continue to make periodic changes.With annexation,the City of Tigard would be able to plan for,and manage,growth on Bull Mountain with an updated comprehensive plan for the entire community. Using existing service agreements among agencies,cost-benefit analyses,and the 2003 Public Faalitia and Seru<s Assessnz7rt Report for the Bull Mawrtain Ares recommendations,the plan addresses all criteria set forth by state law ORS 195: the provision(how and when)of urban services,annexation's impact on existing providers,the Timing and sequence of annexation, and the plan's long-term benefits.The plan also addresses Tigard Comprehensive Plan policies,which require a review to determine that services can be provided to the annexed area and their provision will not significantly reduce service levels to the City of Tigard. It must be noted that individual annexations will occur in the Plan Area with or without an annexation plan.Currently,annexations occur at the owner's request,resulting in a piecemeal approach to incorporation.In contrast,The Bull MaarainAraxxatian Plan provides a comprehensive approach for annexation.Long-term planning offers long-term benefits, including certainty of future incorporation,enhanced efficiency,and quantified costs and benefits -which provide certainty to Tigard residents that annexation will not impact their service levels. Financially,it captures more capital improvement dollars for parts and roads,and more funds to enhance capital facilities-such as the libraryand parks-currently used by both Bull Mountain and Tigard residents but paid for byTigard residents. Bull Mountain residents would receive park services,local representation,and urban services by an urban provider who can meet the needs of a growing community Lastly,annexation would unify the community,as both the city and Bull Mountain residents can plan together for their future, a future joined together 20 years ago.The Bull MamtainAnvrxation Plan presents a clear and efficient approach to annex unincorporated Bull Mountain and a step toward completing our community 1.INTRODUGTIO^T Twenty)eats ago,Washington Countyand the Cityof Tigard laid the groundwork for-Bull Mountain's annexation to Tigard.Although cattle and farms shared the mountain at that time, the Countyand Gtyrecognized that the aura's inclusion within the Urban Growth Boundary would eventuallylead to urban development.State land-use planning goals require the UGB to contain a 20-yearsupplyof land,and,when conditions warraM lands within the boundary must be available for urban uses.Washington County and Bull Mountain residents developed the 1983 Bull Mountain CommunityPlan,which assigned urban densities to the area but not Cuban services. State planning Goal 14 directs local governments to have a plan in place to allow for an orderly and efficient transition from rural to urban uses.In 1983,the County and Citysigned the Urban Planning Area Agreement(CIPAA),which established Brill Mountain as part of the City's planning area and paved the way for the Cnuntyand City to jointly serve the area.At the same time,the OVs long-term vision for land-use and development in Tigard(the Comprehensive Plan)encouraged the annexation of all unincorporated areas.The City acknowledged that it should provide urban services to its own citizens-once areas require urban services,residents should receive all the benefits of citizenship,including representation. Today,Bull Mountain has grown beyond its rural roots,and become an urbanized area with streets,sidewalks,and urban service needs.Over time and additional agreements,Tigard has absorbed more services toward an eventual annexation,blurring the line between County and Gry.However,major services remain under the County's purview,as does jurisdiction.Without annexation,the City has limited ability to manage growth outside its city limits to ensure that efficient and effective public facilities and services are provided. Since 2001,when the Tigard CityCouncit established a goal to develop an annexation policy/strategyforunincorporated areas,the City has thoroughlyexamined urban service issues for Bull Mountain:71xBrRM"rai rAwim.iwSurly(2001),which examined the costs and benefits of annexation;a public opinion surveyof Tigard and Bull Mountain residents on annexation(2002); 71xPrrHrcFaralniamrlSavn3Assasnr7rRq rtfordxBtRMaor,=Ana(2003),whichevaluatedthe factors affecting long-term service provision to Bull Mountain,including annexation. The 2003 Assessment Report demonstrated that annexation would serve citizens the most % efficiently-and effectivelyover the long term,providing urban levels of services to an area that has grown from a rural community to an urban neighborhood.In addition,annexation world allow the City and Bull Mountain residents to plan for Bull Mountain's future.The current operative plan,71x Bull Mcsndam Camwtity Plans was adopted by Was Kington County more i than 20 years ago.The County has stated that it does not plan to undertake a comprehensive update of its comprehensive plan,including 71xBufiMa Train CcvrsrsnvtypLvL The County will continue to make periodic changes.Also,unincorporated areas cannot collect packs system development charges(SDCs)from new developments or plan for parks,and the County has jurisdiction over the area's long-range planning.Annexation would allow the City and residents to plan for growth on Bull Mountain with an updated comprehensive plan for the entire conumunnity.As citizens of Tigard,Bull Mountain residents would have a say on local issues that affect rheircommunitys future. T)FiE BULL MouNrAtN ANNExAnoN PtAN—PAGE 1 The Brill Mamr4inAnn=a&n Plan represents a significant step toward the realization of an united Tigard and Bull Mountain community.The plan lays out a blueprint for annexation as required by state law ORS 195.205 and ORS 195.220,which established the annexation plan process.It addresses the how,when,where and who of annexation,but in essence,the plan is a proposal for extending urban services and transferring households to Tigard in an organized and efficient manner.It is based upon existing service agreements among agencies and cost-benefit analyses,and addresses the following,per state law ORS 195220: a) Local standards of urban service availability required as a precondition of annexation; b) The planned schedule for providing urban services to the annexed territory, c) The timing and sequence of annexation; d) The effects on existing urban services providers; e) The long-term benefits of the annexation plan. The plan examines each criterion separately.Each section offers a brief explanation of the criterion and follows with text based on the City's previous research and recent analysis produced by the City and County for this plan.Appendix A contains a glossary of planning terns used in this document Technical Document B(available separatelh contains copies of previous Bull Mountain reports,including 7fePuMcFaalitia aryl Savcff Assasmi r Report for dX BrdlMaotainArer,2003. A)THE ANNEXATION PLAN AREA.BOUNDARIES The Annexation Plan applies to the unincorporated area of Bull Mountain("Plan Area").It is bounded on the north by Barrows Road,on the east by Tigard city limits,to the south by Beef Bend Road,and on the west bythe new Urban Growth Expansion(UGB)Areas(Roy Rogers Road and 150` Ave.--See Map 1 on page 4).The Plan does not include the new UGB areas because they are not part of the existing County-City service agreements for Bull Mountain,and the Tigard City Council indicated that the Plan Area should be addressed fust.However,their adjacency to the Plan Area was factored into the analysis(see page 13). The land in the Plan Area is sloped—steeply in some areas—allowing for views at higher elevations.There is no commercial or industrial zoned land.Most of the property is zoned R-7,as designated in the Washington County Bull Mountain Cwr�Plat;a medium-density residential zone with minimum lot sizes of 5,000 square feet.The area consists of a combination of 1)a mix of larger undeveloped lou, i 2)larger lots developed through the County under different standards,and 3) smaller lots that are built to the minimum density allowed under the current zoning i regulations. 1 1 1 1 71-M BULL MOUNTAIN AMmx&-nom PLAN—PAGE 2 Subareas and Population Estimates The Plan Area comprises 1,376 acres,'with approximately Table 1.2003 Estimates 7,600 residents living in 2,600 homes.Numbers are 2003 estimates based on Census 2000 figures and average growth Homes Po elation rates-'Ibis is consistent with 7hePu&1icFadki andSevi a North 1991 2930 Assassr"rP-pP Jfi bxBrdl MaaranrAnu methods,with the JT77ottal 346 982 exception of deducting four annexations that took place from 1174 3259 late 2001 to 2003.2 167 452 Due to the area's size,it has been divided into four subareas: 2678 7623 North,West,South and East.These subareas were developed ' based on development patterns,topography,and man-made boundaries,such as major roads.The South area has the most homes and population,with North close behind.East has the least number of homes and people(Table 1). Future Projections Future projections were estimated by calculating the maximum number of new homes the area could potentiallyabsorb at current zoning(R-7,or 5,000 sq.ft.lots),and taking half of this projection to allow for moderate development'Based on these estimates,East has the largest share of future growth,due to large,undeveloped lots(Table 2).The remaining subareas have more developed subdivisions and few vacant lots,and have limited growth Table 2.Moderate Growth remaining. Estimated capa ) Additional Total Total The Pu is Faci i and Serua3 Assess"MtRe,port Motiles Homes Po ration Population (2003)used these numbers to approximate Horth +139 1130 +401 3331 service needs,costs,and associated revenues.' West +150 496 +457 1439 The condition and number of roads,current South +143 1317 +465 3724 condition of facilities,current and future East +483 650 +904 1356 population/homes,and year of development Total +915 3593 +2227 9850 affected each subarea's needs.The Annexation AVI. Plan analysis is based upon the 2003 report conclusions and additional refinements to the report data. i 1 i i l t I Differs from die 2001 studydue to five annexations:Pacific Crest,Fern Street,Tbotnwood,Daffodil HIL and Bohan-Cooper. 2 The numbers here(7,622 and 2,678)reflect 2003 projected population and deduct for four annexations, differing from?beBrdlMavrainSasdyandPxaxFaalld dSeru AssasnsaReport numbers. 'Based on vacant or urdetdevebped lots.A moderate scenario was assumed due to the uncertainty of the land madwt and eh"sting development Pattern-not everyowner well fullydevelop each vacant or underdeveloped parcel 4 The 2003 Repair did not deduct for annexations;the change did not signif icandy affect this analysis_ Tri BULL NloUN[ArN ANNExAiloN PIAN—PAGE 3 . :>\1`1jT''1.'.`Ti`:�:: ta r ' �•f< It in°i•�4 i 17 -fir -" ,, ^ ink r X111 L. I t f •r,,'�.�; ® (.i� Os <•.�- _ (ter' ,•� �tlr° %�P\It Will I��-f�' hr� MW MN �ie ie fi� ' �� `L.• ••!•' �\ ��r .Jill I! 1 ■ �4E I. � �� ' Iill- _ l �' Ril •Pa! �r (_f111—`till\a-v`.�./a A�l-@Moog-- MRMEN mUt ��.• MI vq H.ANNEXATION PLAN CRITERIA In 1993 die State Legislature established rhe annexation plan method to make annexation an effective growth management tool for jurisdictions.A inexation plans require fiscal and tentorial coordination between service providers,encourage the creation of long term master plans,address the economic viability of special districts,and clarify the costs and benefits of annexations Specifically,state law ORS195.220 requires annexation plans to include the following: a) Local standards of urban service availabilityrequired as a precondition of annexation; b) Tire planned schedule for providing urban services to the annexed territory, c) The dining and sequence of annexation; d) The effects on existing urban services providers; e) -the long-term benefits of the annexation plan What is an Urban Service? The pian uses the collective term"urban services" to refer to all services described below and listed in Table 4 on p.9.The scope of analysis includes those urban services defined by state law,local annexation criteria,and city/count3r agreements. State Law Definition State law ORS195 defines"urban services"as sanitarysewers,water,fire protection,parks, open space,recreation,streets,roads and mass transit. City of Tigard Annexation.Criteria The(71t}�s CommunityDeveloptnent Gude criteria for annexations are consistent with ORS195.220.The Code(Tide 18)states that the decision to annex property to the Cityshall be based on 1)all services and facilities being available to the area,and with sufficient capachyto provide service;and 2)satisfying all Gomprehensive Plan policies. Based on the City's Comprehensive Plan requirements,7lxB diMaox AmxxatrcnPlmzwnsiders police,and sanitary and storm sewer services as urban services and addresses their provision Thgard's Comprehensive Plan Policy 10(Urbanization)requires the following: 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*(most intense use allowed by the conditions of approval,the zone or the Comprehensive Plan),and will not significantly reduce the level of services available to developed and undeveloped land within the Cityof Tigard. The services are:1.Water,2.Sewer,3.Drainage,4.Streets,5.Police,and 6.Fire j Protection. J b) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. c) Approval of proposed annexations of land by the Cityshall be based on findings with respect to the following: i - SFrom DeparunemofLand ConservationaMDevdopm m;Bn:wwww+<-- s=.,ar=� �` pub/;- mhtm. 'Its Buu.MbuN[Am ANriExA1[oN PLAN—PAGE 5 is The annexation eliminates an existing"pocket"or"island"of unincorporated territory. ii. 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 iii- The Police Department has commented upon the annexation. iv. The land is located within the Tigard Urban Planing Area and is contiguous to the city boundary V- The annexation can be accommodated bythe services listed above. Additional Urban Services(City/County Agreements) The Plan also addresses building and development services,long-range planning,and street light maintenance,which are addressed in existing City/GountyAgreements CIXEA,USIGA,UPAA). See Appendix A for agreement definitions. 7 i r MIE BULL MoLwrmN AmwxAmoN PLAN—PAGE 6 A-LOCAL STANDARDS OF URBAN SERVICE AVAILABILITY An annexation plan adopted under ORS 195.205 sball include Local standards of urban services requited prior to annexation and the availability of each service. Level of Urban Service The annexation plan process emphasizes coordination between service agencies to identify and address any service deficiencies early in the process,assuring that services can be provided to local standards after annexation,Prior to the plan,state law requires urban service agreements between all service providers in the affected territory.By taking this step first,agencies resolve future service provision issues and lay groundwork for the plan- In Februaiy2003,Washington County,the C ityof Tigard,other agencies and service districts finalized the Tigard Urban Service Agreement CI USA)for the Bull Mountain area(Appendix D). In sum,all urban services are available for the Plan Area except recreation- The agreement determines long-term service providers and assigns Tigard as the ultnnate service provider for the Plan Area,except for services provided byspecial districts and agencies.Table 3 summarizes changes in local service standards between current and future providers. Urban Service Requirements Prior to Annexation Table 4 on p.8 provides an overview of how annexation affects services.It lists current services,providers before and after annexation,and identifies local service standards.Table 4 demonstrates that City of Tigard standards are higher for parks and open space,street maintenance,police,and long-range Table 3.Summary at Mn—tionp'a"nin66 In-an oa SerHce Serrice - grange long Barge Planning e Of those services,parks will require action by the rake. e County prior to annexation(see below)-Road Street Maintenance e quality maintenance also will require action per the Parks and Op-Space e toad Quality Maintenance Tigard Urban Service Agreement(TLJSA). County smrm Sever e action will allow the atyto provide its standard of Street nght Maintenanm e service following annexation-All other services will Sanitary Sever z require onlystaffing and equipment to meet local water o service standards as su nimarized in Table 4 on page 9. r�erreusan o The specifics are addressed in section IIB beginning tail&ng d Derelopmeat Services o on page 10.. Mass Transit O Fire fttet(ion E Emergency Services O Road Quality Maintenance o uta a.= Countimproves roads so that all individual S-i - ,'d`a lae ys r toads have a pavement condition index(PQ)of 40 or greater and the average PCI of streets and roads in the area is 75 or higher. 6 Neither Washington County nor Tigard provide this service at this time.However,Tigard has a Pads;and Recreation AdvisotyBoard that can exanvne the issue in the future. Tim BtuL MccwrAiNANNEx&moNpEAN—PAGE 7 Parks and Open Space • Countycollects parls system development charges(SDCs)for newdevelopment prior to annexation.Upon annexation,those funds will transfer to Tigard and be used toward new facilities. Summary.Criteria 1(Local Standards of Urban Service Availability) H All services except recreation arc available to the Plan Area Ei Providers foreach urban service arc established,per urban service agreements. El Local standards of urban service arc identified E!Whereapplicabl4 identifies steps needed by the County to meet local standards prior to annexation_ 1 i 1 t 1 f J EM BULL.MOUNTAIN ANNEXAIION PLAN-PAGE 8 Table 4.Bull Mountain:Service Standard Changes Following Annexation No Change:Senice and Pro%ider Remain the Same ..._ Service/CLrsenti royrder Provrdga050n-z ep K v �: :ftbinCti@ *r.€ ,^5.. Fiat Protection be Emergency Tualatin Valley Fite 8c Rescue No. Services(Tualatia Valley Fire& Rescue Mass Transit Unblet TriMet No. Building and Development Cityof Tigard No. Tigard now provides these services Services(Gtyof Tigard) for Plan Area through an agreement with Washington County.The agreement will cease but T rd continues same services.Recreation(No provider) No provider.Tigard does not provide No_Not currently provided.However, recreation services. Tigard has a Paris and Recreation Advisory Board that can examine the issue in the future. Schools Annexation does note n e school di trict bounds'es. Water(Cny of Tigard through a Cityof Tigard No. con[rrct wi[h T Water District Senice Remains the Same,Prci%rider Changes Sanitary Sewer(Clean Water City of Tigard The City will provide No. Services;Cay of Tigard Jan.1,2005) maintenance as of Jan.1,2005,per an agreement with Clean Water Services. It is not affected b annexation- Street Light Maintenance CityofTigatd No. as n Coun Storm Sewer(Clean Water City of Tigard The City will provide No. Services;Gcy.of Tigard Jan.1,2005) maintenance as of Jan.1,2005,per an agreement with Clean Water Services. It is not affected by annexation. Road Quality Maintenance* Cityof Tigard_ No.However,the Tigard Urban Service (Washington County) Agreement(TUSA)requires the County to (*Actions to maintain pavement improve individual roads to pavement quality) condition index (PCT)of at least 40,with all roads averaging at least 75,prior to transfegkg roads and service. Seyice Parks and Open Space(No City of Tigard. Yes;8 acres/1,000 people. provider) WashingtonCountydoes not provide these services to unincorporated areas. Street Maintenance- Gtyof Tigard. Yes_Mowing roadside grass and brush (Washington Countyrhrough the (strip and ditch line).Dust°abatement on Urban Road Maintenance District) graveled roads_Vegetation removal for i vision clearance-Crack sealing and road shoulders on 4-year cwle. Police(Washington County Cityof Tigard Yes.Additional-5 officers/1000 people Enhanced Sheriff Patrol District) (citystandard is 1.5 officers/1000). Response times for Priority 1 and 2 calls under four minutes. Community Development- City of Tigard.Thus includes Yes.Staff serves smaller area than County, Long Range Planning comprehensive planning,such as focuses on local projects. Annexation will (Washington County)- master plans.The 1983 Bull Mountain allow the City to plan for growth on Bull Community Plan is the operative plan Mountain with an updated comprehensive Washington County has in place for plan for the entire community. rhe Plan Area_ THE BULL MOUNCAINANNEXATIONPIAN—PAGE B.SCHEDULE FOR PROVIDING URBAN SERVICES An annexation plan adopted under ORS 195.205 shall include The planned schedule for providing urban services to the annexed territory. As shown in section IIA,the Plan Area receives most urban services today,four of which will be provided at higher standards after annexation.All services would be available upon annexation,due to the continuation of existing services per the Tigard Urban Service Agreement(TLISA). To ensure smooth transitions,this section identifies when providers would transfer services. The following analysis reviews staff and equipment needs and evaluates where gradual provider transitions will best serve the Plan Area,are dictated by the TUSA,or are required to maintain existing service levels to current Cityof Tigard residents.71x°BrdI Maanain Amocatian Plan defines the annexation effective date("upon annexation")as the day properties become part of Tigard's tax rolls.For analysis purposes,this section assumes a date of July 1,the fust day of the new fiscal year following an approval by voters. Equipment and Staff Needs For 71xPtdficFadbus dml Savo3 Assasrraa RTWo Gtyof Tigard staff from all affected departments projected start-up costs,needs,and abilityto serve the entire Bull Mountain area or individual areas upon annexation.Each department based its analysis on current population and housing unit estimates,future service needs at build-out,and service standards. All departments—except for Public Works(Streets Division)—concluded that they-could absorb any or all subareas using current resources,and without significantly reducing services to existing residents. The Public Worcs and Police departments concluded the following: • Public Works.Annexation of the Plan Area would increase the road mile inventoryby 23%.The Streets Division could not absorb the entire Plan Area's roads and streets upon annexation without huutg two employees and purchasing three trucks immediately. Police. o Response Times_Police could absorb all or arty-subareas with existing resources and maintain its standard of responding to Priority 1 and 2 calls i (crimes in progress)in under four minutes.There would be a temporary reduction in response time to Priority Three calls(lowest priority,no one in r danger,i.e.,car prowl)within a few minutes.Internal adjustments would ! occur to fully staff patrols until additional officers could be hired and fully trained. o Staff.The entire Plan Area requires 11 police officers,1 supervisor,and 1 support staff.New officer hiring procedures established in 2003 now reduce the training time needed to six months,as recruiting time has been significantlyshortened by maintaining an applicant pool. Tl m Br e r Mour-rmig ANNExA*noN PLAN—PAGE 10 A detailed plan and schedule for hiring staff and purchasing or transferring equipment from Washington Countywill be developed,as required by the VJSA. !Agreement Provisions The TUSA includes separate agreements for each service.For those services transferring to Tigard,the agreements state"upon annexation."There are two exceptions:roads and saaitaey/storm sewer. The TUSA states that within 30 days of annexation,the City will initiate jurisdiction transfer of roads,completing the transfer within one year from the annexation effective date.This applies to all roads and streets with a county road number(Appendix 19-Those roads and streets without a county road number automatically transfer upon annexation."Ihe sewer agreement defers to a separate operating agreement between the C ityand Clean Water Services.The operating agreement transfers sanitaryand storm sewer maintenance to the City on Jan.1,2005.The agreement covers an area including Tigard,Bull Mountain,King qty,Durham,and Metzger,and includes provisions for equipment and funding.Annexation does not affect the transfer or provision of sanitary and storm sewer services. Proposed Schedule for Tigard Assuming Urban Services A thorough consideration of T USA requrremenu,Bull Mountain's service needs,and the effects on existing services to Tigard residents suggests the following schedule Table 4.Proposed Schedule for Ti and to Provide Urban Services Building and Development Services(already provided) Parks and Open Space—Buff Mountain receives resident privileges for City parks Police Sanitary and Storm Sewer(provided by Tigard effective January 1,2005) Street Light Maintenance Streets and Roads(without a County Road Number)(see Appendix F) Water _ • Parks and Open Space—Initiale Capital Project planning for Cache Creek Nature Park.Explore additional park opportunities adjacent to Cache,including Tigard Water District reservoir property and Clute property_Develop playground either on Cache Creek or adjacent property.Maintenance begins ante funds are bought and developed. • Road Quality Maintenance and Street Maintenance:Roads j without county numbers automatically transfer with annexation. j Within 30 days of annexation,the City will initiate the process to transfer jurisdiction of roads with county numbers.This transfer should take no more than one year from annexation effective date. • Long-Range Planning-Annexation will allow the City to plan for growth on Bull Mountain with an updated comprehensive plan for the entire community. Tr>E But r.Mourrrn¢NAcvriexA naNPLAN—PAGE 11 Summary.Criteria 2(Schedule for Providing Urban Services) H City of Tigard can serve the gull Mountain area without a significant reduction in service to Tigard residents H City of Tigard will assume all services upon annexation,except Road 2uality and Street Maintenance for county number roads. H City ofTigardwillinltiatetransfer ofcounty-numberroads andsare iswithin 30 days ofa nnexa t ion,saying within I year. H Following annexation and within the first year,Tigard will initiate capital project planntng for Parks and Open Space and long- rangeplatuting. H Police can serve the entirearea without significantly reducing response times Priority 1 and 2 calls would be maintained at under 4 minutes,only a reduction in Priority 3 calls(lowest priority;no one in danger)will occur until additional staff is hired and trained. i i ` s Z11-MBULL NfouumwANmxAmoNPLAN—PAGE 12 G TIMING AND SEQUENCE OF ANNEXATION An annexation plan adopted under ORS 195.205 shall include Timing and Sequence of Annexation. Annexation plans offer the option of phased,or incremental,annexations.In some instances,it may be more efficient to annex an entire area at one time.In other cases,a phased annexation allows the necessary time for service providers to hire enough staff and buyequipment. 71bePublicFacdaze;aMSenice;Assasner¢Report examined nine sequencing options to identify the combinations which allowed the City to annex and efficiently serve the unincorporated Bull Mountain area:subareas alone,in contiguous pans(Le.,West and North);and All Areas at once.It also studied how timing(ie.,the year of annexation)affected service costs and the availability of capital improvement funds in the Plan Area. Sequencing Fadws Four evaluation factors were chosen based on Tigard Comprehensive Plan policies,which require annexations 1)to not significantly reduce service levels to the City of Tigard and 2) the affected property to receive efficient service provision at capacity(no service islands or irregular boundaries).Each factor was weighted,based on the extent to which it implements those policies: 1)Firtanoal hrpaa:Will this area be a financial drain on the city?Do service needs outpace tax dollars,and are there large capital improvements needed in the short terns?(45 points) 2)Effzdoxycfserdxprodsi=Is it easy to access this area,or will staff have to cross unincorporated areas to do so?Does it create islands of unincorporated areas?Is there an economyof scale?(30 points) 3)Adjaamy to the new Urban Gnrrerb Bavx&q prgrert s,located to the south and west of the Plan Area.Metro approved these areas in December 2002.A future city link to these areas would enable long-term planning.(20 points) 4)Add&ond Qmideraticm.An additional category was also included to capture additional considerations,such as publicly owned land with park potential,that didn't fit into the three main categories(5 points). i Rdnking The evaluation matrix ranked the nine options (the full evaluation matrix islocated in Appendix E),concluding the following: • The more areas annexed,the higher the ranking due to an increase in efficiency. t Annexing All Areas at once ranked most highly,due to economy of scale and its ability to support areas that ranked less highly. • The contiguous pairs were ranked the next highest,followed by all individual subareas,with the exception of West.In every combination except All Areas,West ranked low since it does not connect to City boundaries. THE BULi.MOumAINAmmxAnoNPLAN—PAGE 13 G%muier A=daNe Resowrrs The plan must also consider comments by individual service providers regarding their ability to serve the area upon annexation,per the Comprehensive Plan.As detailed in section IIB, all service providers except for Public Works(Streets Division)and Police could absorb any or all subareas with current resources. • Public Works(Streets Division)requires additional resources to serve the entire area upon annexation.Six worths prior to assuming services,the department would require two additional staff and three trucks.Annexing without these resources would reduce services,including street light clearance pruning,crack sealing,and postponement of speed humps,unless the county-number roads transfer was delayed,as the TUSA allows. • Police can serve Bull Mountain and the Cityof Tigard with current staff, resulting only in a temporary reduction in Priority'knee(lowest priority)call response times. The Priority 1 and 2 response time would be maintained at under 4 minutes.'Me response time to PriorityThree calls would varywithinminutes,and citizens would not see a difference.Internal adjustments would occur to fullystaff patrols until additional officers could be hired and fully trained.The department will need to hire 11 additional officers,1 supervisor,and 1 support staff. The PubicFadhtiff and Serzu Assasrr?rtRepot concluded that delaying the effective date of annexation by up to ayear would allow hiring and training of police staff and purchase of new equipment.Fbweve,since the report was completed,Police stated that an All Areas annexation would provide an advantageous economyof scale,as a larger department can provide more services and reduced response times.In addition,the recruiting and training process has been reduced to six months. Car atom To n=?rXnWyxr&-lerd cfserric,aLber-aajycrire staffand apuipnx-r prior to arvorawn or forstre�t,delay rrarafe+"9Fm'�j`racriz�-taads. Timing 'Ihe assessment report examined how timing(ie.,the year of annexation)affects the availability of capital improvement funds and general revenues in the Pian Area. Capital Inprvtererr Ftaik i Funding for capital improvements,such as major road improvements,parks,and sanitary and storm sewer,are partiallyfunded bysystem development charges(SDCs)paid bynew development.SDCs act as growth management tools by helping pay for system improvements,such as roads and parks,needed as population and households increase. i - In the Plan Area,SDCs are collected for storm and sanitary sewer,roads(the traffic impact fee or III),and water.However,Washington County does not collect parks SDCs in the Plan Area or provide parks services.Because SDCs are one-time charges applied to new developments,each new home built without SDCs represents lost revenue. The City of Tigard collects parks SDCs within its citylirnits,which are used for developing new Parks.Once the Countyadopts a parks SDC for the Plan Area,and following annexation,SDCs would be collected and directed into Cityprojects.The Countywill adopt Tt-MBULL MOUNrmNANIExA*uoNPEAN_PAGE 14 a parks SDC after the Tigard City Council adopts the annexation plan and acts to place it on the November 2004 ballot.Without a parks SDC,delaying annexation impacts the City's abilityto address Bull Mountain's parks capital needs.Each incrernental delay lessens contributions-or eliminates them entirely in some subareas(new developments have been built).Based on recent development trends,the assessment report recommended that annexation of All Areas should occur by 2005 to maximize potential financial contributions. Cbrx wicrr Atv=All A nal by 2005 or hate Wasbirtgt=Gbk t iratittae Parks SDCs in dx irrmm and aflownwe trine for'V n catm Timing and Sequencing With voter approval,the entire Plan Area will be annexed effective July 1,2005.In the .assessment report,this option ranked the most highlydue to economies of scale.Except for maintenance of Courity-numbered roads,Tigard will assume responsibility for urban services other than fire protection and mass transit.If voters approve the plan,the Gty will hire additional personnel and obtain additional equipment needed to maintain service standards for Public Works(Streets)_Tigard will assume responsibility for County numbered roads by agreement with the County,with the transfer of jurisdiction over those roads to occur within one year of annexation.Police can serve the area without a significant reduction in service, due to internal adjustments until additional police officers can be hired.The City will initiate the 6-month hiring/training process prior to annexation_The Citywill maintain existing levels of service within the Gty and will maintain or improve levels of service within the area to be annexed. t. i'. Surrunary:Criteria 3(Timing and Sequence) 3 H Themore areas annexed,the higher the tanhingdue to an increase in efficiency. 0 To maintain citywide service levels requires acquisition of staff and equipment prior to annexation for Public Works-Streets, UPolice cart serve thearea without a significam reduction in service,due to internal adjustments until additional police officers can be a hired.The City will initiate the 6-month hiring/trainingprocess prior to annexation Q TheTUSA requires the City to initiate the transfcrof county numbered roads within 30 days of annexation,with full transfer within oncycar. 0 To fund future capital insprovemcnts,annexation should occur by 2005 or have Washington County institute a parks SDC in the interim and allow more time forannexation_ 0Thacforr;annex all areas of Bull Mountain in July 2005,but ramp up staffing prior to annexation based on service Weds. 71-M BEALMoimrAmtAtmxnttoNP[.AN—PAGE 15 D.EFFECT'S ON EXISTING URBAN SERVICES PROVIDERS [The nnexation plan adopted under ORS 195.205 shall include effects on current urban services providers. Previous sections evaluated the Cityof Tigard's ability to provide urban services to the Bull Mountain area.However,the service providers that cease serving the area would also be affected.This section examines the impact of withdrawing the Plan Area from current service districts,both on service qualityand finances.Table 3 on page 7 provides a summary of service provider changes.The following information was developed in coordination with Washington County and the Tigard Water District,and is based upon estimated 2003 population and housing units(Table 1 on p.2). Was hi Lrigton County Service Districts Washington Countyreviewed howannexing the Plan Area would impact Countyservices and the services of its special districts based on 2003 data.It determined that there will be no significant impact on these services. ErrSerrml Sheriff's Patrol District(ESPD) The ESPD is funded with a two-tiered financing plan that includes a permanent rate of $0.6365 per$1,000 and a local option dollar levy of$6,150,000 per year for five years. The local option levy is authorized through 2008. As a result of this financial structure,only property tax revenue derived from the permanent rate will be affected by the proposed annexation. Annexation of the Plan Area would remove an estimated 3,192 properties from the ESPD area,or 5.3%of the ESPD assessed value.As a result,the district would lose an estimated $397,000 from the permanent rate if the entire Plan Area were to annex in one piece. The ESPD supports a total of 94 certified officers. At the ESPD average service level of.51 officers per 1,000 population,the theoretical reduction in staff due to the annexation would be an estimated 3.9 FTE,or 4.1%of ESPD certified officers. However,it is anticipated that growth elsewhere in the district will mitigate the need for actual staff reductions. Therefore the impact on the ESPD from the annexation is considered minimal,due to the expected a future growth in the remaining district over the next five years. Urban RoadMairno Disaia(URMD) The property tax revenue loss to the LHOAD is estimated to be$153,000. This represents 55%of revenue of the URMD. The district provides the majority of its services through contracts rather than with paid staff. Due to the relatively-small proportion of the URMD service area impacted by the proposed annexation and its reliance on contract-based work, the impact on the URMD is considered minimal_ M-w-BUELMoEwArNANNExATLONPLAN—PAGE 16 Shaft Dishier for L igiit&E(SDL) Washington county operates a street lighting district throughout the County. As areas develop,special assessment areas are established to collect and pay for street light installation,maintenance,and power. The assessments are determined specifically for each area based on actual costs and assessed annually on property tax bills. The proposed annexation area includes 49 street lighting district assessment areas encompassing 2,430 tax lots. The total assessment to be levied in these areas for FY 2003- 04 is$83,530. Upon annexation,the street lighting assessments will no longer be levied. "The impact of this lost revenue on the SDL is considered insignificant:the costs to provide maintenance and operation in the Plan Area will be absorbed by Tigard and no longer paid by the district. Because the street lighting assessments are included on property tax bills,coordination of the transition from the County Street District for Lighting to the City of ligard will be important. Was}nv-C—ty Washington County would lose its Bull Mountain share of County gas tax at an estimated $3.71 per capita or $27,179 due to the proposed annexation.The county would also lose an estimated$43,475 per year in cable television franchise fees. Total County operating revenues from all sources for FY 2003-04 are$297,000,000. The loss of the County gas tax share and cable franchise fee share will not have a significant impact on Washington County. The County also has established a number of Road Maintenance Local Improvement Districts(LIDS)throughout the County The Countyestablishes these LIDs and determines the assessments,but it has not imposed the assessments. The purpose of each district is to ensure that road maintenance activities will be adequately funded as new development occurs. They are a backup funding mechanism to the Urban Road Maintenance District.No assessments have been levied;therefore,the districts have no fiscal impact. Tigard Water District The Tigard Water District(TWD)consists of approximately 3,500 accounts within the Urban Growth Boundary(UGB).It is generally bounded by Barrows Road on the north, Tigard city limits on the east,Beef Bend Road on the west and King City on the south. TWD,the Cityof'regard,King City,and Durham compose the Intergovernmental Water Board.TWD serves properties that are inside the Urban Growth Boundary but y unincorporated. F&mt id fnp ras i The district collects its only revenues from 1%of total water sales within its boundaries. All water sales are billed and managed bythe City of Tigard,and the I% is remitted on an annual basis. Current accounts generate approximately$18,000 in revenue for TWD.Annexing the Plan Area would withdraw 83%of current accounts and just less than half(48-60/6)of the current MiE Buil.MouNrAim ANNEXAT[oN PLAN—PAGE 17 annual revenue.Approximately 524 accounts would remain in the district,producing approximately$9,450 in revenue(Appendix B contains all figures). lrstitr"Md 1"Pacts As Tigard and King Gtyannex land,they withdraw those lands from TWD.If the Plan Area is annexed,approximately 83%of the current accounts would be withdrawn.The remaining district territory is within the UGB and would be annexed in the future.At that tithe,the district will cease to exist. 'Ihe TWD Board has discussed this scenario and has been briefed by the Tigard City Attorney on the process of dissolving the district,should the need develop.However, annexing the Plan Area would not necessarily cat- a the district to dissolve since approximately 524 accounts would remain. Those accounts could be annexed into either King Qty or Tigard in the future.The Tigard Water District Board maychoose to dissolve the district following procedures clearly laid out in state law;that decision rests with the TWD Board. Other Districts The Plan Area currently is served by Tualatin ValleyFire and Rescue('I'VF8r1),TnMet,and Clean Water Services. The proposed annexation will have no impacts on TVF&P,or Tri-Met, which also provide service to the Qty of Tigard. The Qty of Tigard and Clean Water Services have entered into an agreement to transfer operation and maintenance of a portion of the Clean Water Services territory,including the Plan Area,to the Qty of Tigard effective January 1,2005. The Qty is already scheduled to provide these services regardless of annexation Therefore,the annexation of this territory to the City of Tigard is anticipated to have no impact on Clean Water Services. Summary-Criteria 4(Effects on Existing Service Providers) H Washington County's services or the services of its special districts would not be significantly impacted by the annexation. Q The Tigard Water District would lose 83%of current accounts and 48.6%of current annual revenue However,this dors not cause the district to dissolve as it can continue to serve its remaining customers. 0 Other service providers would not be significantly impacted. 11-mE Brur MoLwrAiNANriEXATioN PLAN—PAGE IS E.LONGTERM BENEFITS OF THE PLAN An annexation plan adopted under ORS 195.205 shall include The long-tern benefits of the annexation plan. Individual annexations will occur in the Plan Area with or without an annexation plum Currently,annexations occur at the owner's request,resulting in a piecemeal approach to incorporation.In contrast,The Bull MamuinA mxxation X=provides a comprehensive strategy for annexation,and long-term planning offers long-term benefits: • Completing the community.Annexation would allow the City to plan for growth on Bull Mountain with an updated comprehensive plan for the entire community. The plan presents a significant step toward completing our community as it was envisioned 20 years ago. • Smooth transition.All needed services have been identified,along with interim measures to get these services on-line prior to annexation.Citizens can depend on a smooth transition. • Efficiency.Ensures that annexations occur in an orderlymanner.It eliminates piecemeal annexations,which can create inefficiencies for service providers due to irregular boundaries.By coordinating services,agencies assure that services are not duplicated and are provided by the most appropriate provider,leading to cost- savings ostsavings and more efficient services. . Certainty in Service Provision.The plan establishes a date for annexation and service area adjustments,which allows the City,+County and affected special districts to plan for changes and capital improvements.The plan provides certainty for homeowners and developments on annexation's timeline,which can be factored into future decisions in the Plan Area. • Urban services by an urban provider.Bull Mountain has grown beyond its nual roots,and become an urbanized area with streets,sidewallrs,and services that require city-level maintenance.Urban areas need urban service providers,as envisioned in the Tigard and Washington Countycomprehensive plans. Cities,not counties,are best equipped to provide urban services,and past agreements have assigned this role to Tigard in Bull Mountain.Bull Mountain would receive its services from a provider just down the street who can respond quickly to service needs.Maintaining facilities f at higher levels protects the original investment and prevents more costly improvements in the long run,maximizing available funds. • Known costs and benefits.The plan clarified the costs and benefits of annexation to Bull Mountain residents,citizens of Tigard,the City and the County,and to all related agencies.By anticipating future needs,the analysis concluded that services can be provided to both Bull Mountain and current residents without a significant 'I)FW BULL MotnvretNANNExA*no"PLAN—PAGE 19 reduction in services.It assures current Tigard residents they can continue to rely on the same standard of service they receive today. Annexation will not raise taxes for current Tigard residents. • Equity.Annexation would allow all users to equitablyshare service costs.Bull Mountain residents enjoy Tigard paras and its library,but Tigard resident taxes pay for parts maintenance and almost half of the librarycapital costs(the other half comes from the County library system,for which all County residents pay).With annexation,everyone would pay for the same service,and facilities will benefit from increased maintenance dollars. • Parks services.Tigard provides parks services only to the incorporated area.Upon annexation,Bull Mountain will receive resident privileges.Once the area is annexed, Tigard can collect funds for acquisition,planning and development of parks, including Cache Creek in the North subarea. Unify the community.As citizens of Tigard,Bull Mountain residents would have a say on local issues that affect their community's future.Although Tigard has included Bull Mountain residents in its planning efforts(fhe Parks Master Plan, Tigard Beyond Tomorrow),Bull Mountain residents cannot vote on Tigard issues or its leaders,or run for Gty Council.Considering this plan together would help both parties work together for their future. Most of all,an annexation plan takes the guesswork out of future annexations.It is a blueprint for the Plan Area that clearly quantifies the future:uben will annexation happen, bawwill it occur,viwt services can residents expect,and howmuch will it cost,and vhy it's going to happen.Both the Plan Area and the City can plan for the future,as they move closer to completing their community. Summary.Criteria 5 (Long-Term Benefits) Q The plan provides a comprehensive approach to annexation.The plan's benefits include certainty,efficiency, smooth trartsition,more capital improvement dollars,urban services by an urban provider,quantifying the costs and benefits,equity,parks,and unifying the community. H It allows the city and residents to plan for Bull Mountain's future i i i i MME Bum MOUWMNAMYEXA'RONP[AN—PAGE 20 III.ADDITIONAL ANNEXATION PLAN REQUIREMENTS 77x-BuUMa vrainAnreeationR n proposes an orderly transition of services.It addresses the criteria contained in ORS 195.220: 1. Local standards of urban service availability required as a precondition of annexation; 2. The planned schedule for providing urban services to the annexed territory, 3. The timing and sequence of annexation; 4. The effects on existing urban services providers; 5. The long-term benefits of the annexation plan. The plan process includes two other considerations: L Urban Services Agreement with all urban services providers in the Plan Area.All providers in the Plan Area signed the Tigard Urban Service Agreement,and it took effect in February 2003.A copy is included as Appendix D. 2_Fiscal impact agreement between the county and annexing city if the annexation causes reductions in the countyproperty tax revenues(compression).The Washington county Finance Department conducted the following analysis: ORS 195.205(2)(b)states that`.`The territory contained in the annexation plan is subject to an agreement between the city and county addressing fiscal impacts,if the annexation is by a city and will cause reductions in the county property tax revenues by operation of section 11b,Article XI of the Oregon Constitution." Section 11b,Article XI of the Oregon Constitution(commonly known as Measure 5)limits total non-school property tax rates to no more than$10 per$1,000 of assessed valuation. If the tax rates of all non-school taxing jurisdictions exceed$10 per$1,000,the rates of each district are proportionately reduced to bring the total under the$10 limit, This process is called compression. The proposed Bull Mountain annexation area .04 makes up the majority of tax code area 23.78 and 51.78. The government tax rate in both code areas for FY 2003-04 was$6,0101 per $1,000. With tax rate adjustments in both codes due to the proposed annexation,the estimated resulting rate will be$7.1126 per i $1,000. This rate is well below the$10 I Measure 5 cap and therefore compression is not likely to occur in the near future.The i Plan Area will continue to pay County taxes after annexation,as allTigard areas do. As a result,no agreement between the C.rty and the County is required under this section because annexation of the Plan Area is not expected to cause reductions in Countyproperty tax revenues due to compression. TFW BULL MOUWAINANmxAmoN PLAN—PAGE 21 Summary.All Requirements for Annexation Plans I.Plan Criteria 0 Local standards of urban service availability required as a precondition of annexation; 0 The planned schedule for providing urban services to the annexed territory, 0 The timing and sequence of annexation; 0 The effects on existing urban services providers; H The long-term benefits of the annexation plan. 2.Pre-Requisite H Urban Service Agreements in place.(TUSA;effective February 2003) 3.Fiscal Impact Agreement Between City and County if Compression Occurs f7 County property taxes will not be reduced due to compression.No fiscal agreement is required. 0 All requirements have been addressed. i i i i < t r, IEfBMMOLMAINANMXPLnor4PLAN—PAGE 22 N CONCLUSION 7feBsdlMcwxzinAnn=atiDnPlmzpresents a systematic and efficient approach to annex unincorporated Bull Mountain and a move toward completing the Tigard community.The plan provides a proposal for Tigard to annex all areas of Bull Mountain in 2005. Using existing service agreements among agencies and cost-benefit analyses,the plan is grounded solidly on state law ORS 195.220 and addresses all the ORS 195.220 criteria.the provision(how and when)of urban services,annexation's impact on existing providers,the timing and sequence of annexation,and the plan's long-term benefits. The plan complies with state and Metro criteria.It also complies with the applicable Gty of Tigard Community Development Code and Comprehensive Plan policies.The annexation plan provides a blueprint for annexation,and for constructing an united Tigard and Bull Mountain community. i i i r M'E BUr.L M.OUMAINAIVIqEXA*UONPLAN—PAGE 23 APPENDIX A GLOSSARY Annexation:'Ihe act of permanently bringing unincorporated land areas into a City by transferring properties from the County tax roll to the City tax roll.Householders become residents of the annexing city,and receive City resident services. Annexation Effective Date:Following a yes vote and verification of results,annexation would become effective day one of the following fiscal year(Fuly 1,2005). Availability:The Service is provided to the area and the infrastructure is present.It does not mean that each hd` ft hold receives the actual service;for example,in the case of sewer, hook-ups are available in the area,but some households maintain septic tanks until they decide to connect Comprehensive Plan:The document that envisions how lands will be used nd.developed to a conununityand sets policy accordingly.It coordinates all functional and natural systems (Le.,facilities and natural resources).Each Oregon jurisdiction is required bystate land-use Planning laws to have an adopted comprehensive plan The plan includes a generalized.land use map.The land-use zoning code unplements the comprehensive plan.'rWtrd's is available on its website,www.citigard.onus Long-Range Planning:Arm of Community Development that is tasked with meeting State Planninp,.Goas.Staff develops long-term land use and transportation strategies,and pLnns _for future growth. Plan Area:The area proposed to be annexed,as shown on Map 1,page 4. Unincorporated:Lands that are not located inside any city limits.These areas are governed by Washington County. Urban Growth Boundary(UGB):Boundary that divides metropolitan areas from the surrounding rural areas.Areas within the LTGB can be developed at urban standards;areas outside the UGB cannot. Urban Planning Area:The Cityof riigard's ultimate boundary,determined through the , Urban Planning Area Agreement with Washington County- Urban Service:Services that typicallyare provided to incorporated areas.ORS195 defines urban services as sanitarysewers,water,fire protection,parks,open space,recreation, streets,roads and mass transit 7heBu&MamramAroxxationx=also considers the following services as urban police,storm sewer,building and development services,and street light maintenance- LM BULL MOUNTAIN ANNEXA-noN PLAN—PAGE 24 Urbanization:To provide for an orderly and efficient transition from rural to urban Land use,consistent with State Planning Goal 14(Urbanization).Iand within the boundaries separating...amiable land from rural land(UGB)is considered available over time for urban uses. ACRONYMS• ORS:Oregon Revised Statutes;state law. SDC-s:System Development Charges.Fees paid by new development to fund future capital improvements.SDCs act asgrowth management tools by helping pay for system improvements needed as population and households increase. TUSA:Tigard UAB; Services Agreement Signed by the City,Washington County,and all current and'future service providers for the unincorporated areas within Tigard's planning area.Determines future service providers and process for transferring services between providers upon annexation.The TUSA took effect in.February 2003,and is a.pre-requisite for an annexation plan_ UGB:UrbanGrowth Boundary-Divides metropolitan areas ftom the surrounding rural areas.Areas within the UGB can be developed at urban standards;areas outside the UGB cannoC-. UPAA:Urban Planning Area Agreement An agreement between Washington County and City of Y%-AtdvMch established"Bull Mountain as part of the City's Urban Planning Area.It was onginailppigtted in 1983 and updated most recently in fall 2003. USIGA:Urban Services Intergovernmental Agreement.An agreement between Washington County and the City of Tigard in which the City of Tigard agreed to provide certain urban services to unincorporated areas(induding Bull Mountain)_It was signed in 2002. i i j 1 11U1 Bnri.MOUNrAIN ANNIMATION PLAN—PAGE 25 Appendix B Bull Mountain Annexation Plan Fiscal Analysis Update November 2003 The City of Tigard has conducted two previous studies of the impacts of annexing the Bull Mountain area. The Buff Mountain Annexation Study was completed in November 2001. The Public Facilities and Services Assessment Report for the Bull Mountain Area(draft)was completed in July 2003_ Both studies looked at a variety of factors,including the costs of direct service to the Bull Mountain area and revenues that would be generated to pay for those services. These analyses did not attempt to calculate central administrative costs on the as�rption that the existing central administrative support structure could absorb the additional workload that would come with annexation of additional territory. The earlier studies.looked at the costs and revenues associated with annexation at points in time(current,maximum build-out,and medium build-out in the Annexation Study,and 2005,2010,and 2015 in Draft Public Facilities and Services Assessment Report.) For the purposes of this Annexation Plan,it is necessary to look at the total cost of service:at the point of full development (which may not be the same..as developing to the maximum capacity.) For the purposes of this analysis,we have assumed that the area will reach maximum development*by 2015.;Accordingly,this Plan looks at the cost of providing the ` level of services needed in.2015 and the operating revenues generated at that level ofdevelopment. in addition to operating costs and revenues,it is also necessary to analyze one- time capital needs and revenues. The analysis in this Plan looked at the level of one-time capital revenues generated from the point of annexation(assumed to be 2004)to the level of development anticipated in 2015. The fiscal impacts of the earlier studies were calculated in 2001 and 2002 dollars_ For purposes of this Annexation Plan,those fiscal analyses were updated to reflect 2.003 dollars. No assumptions for future inflation were built into either the revenue or cost estimates. Cost and revenue projections for the study area rest on three primary footings: population,number of housing units,and current assessed values. - First, staff reviewed and updated housing unit and population figures for all four sub areas. There have been a number of annexations to the City of Tigard within the study areas since 2002. Each annexation changed the boundaries of the study area and reduced the number of housing units and population remaining to be annexed. In addition,staff reviewed boundaries between sub areas to make sure that they followed subdivision'and tax lot lines: Based on this review,staff Appendix B changed the boundary between the North and West sub areas. Finally,staff updated housing unit and population figures to reflect recent development. Washington County staff used the,updated maps of the Bull Mountain study area and sub areas to determine current assessed values. The net effect of the changes discussed above were minor adjustments to the number of housing units and population. Given the small size of these adjustments,staff determined that earlier work to determine the basic costs of ongoing services to,and one-time capital needs of the study areas were still valid. Two corrections were identified,however. The November 2001 study Identified two costs which were inadvertently omitted for the July 2003 study_ the costs of recruitipg.,13 new police-officers required to serve the Bull Mountain area and the cost of expanding the Police Department building 4o house the additional officers. Both costs have been added back into the Annexation Plan. Finally,all operating costs were increased by the Consumer Price Index of 1.68%to update the 2002 projections to 2003 dollars. All one-time capital costs were updated by the Construction Cost Index of 2.1%to reflect 2003 dollars. Staff also reviewed and updated all revenue projections.Since the earlier two studies,some fees and charges have been increased. In'addition,other revenues are estimated-on a per capita or per housing unit basis. Many of those revenues have fluctuated,which required updating of per capita and per housing unit rates. These revised rates were then applied to the updated housing unit and population figures. Finally,since the publication of the two earlier reports,a citizen Transportation Funding.Task Force has recmmended the adoption of a street maintenance fee to help pay for major maintenance of the street system. Statewide,most jurisdictions are dealing with insufficient gas tax and other street-related revenues which are impacting their ability to maintain their street systems. Many jurisdictions,including Tigard,are looking for additional funding sources such as the street maintenance fee. This recommendation has been presented to the City Council,which has directed staff to prepare an ordinance to implement the fee and to bring that ordinance back to the Council for their consideration:(Note:Council has since approved Ordinance 3-10 on Nov. 18,2003 to establish and impose the fee;passed Resolution 4-12 on Feb_24,2004,which established the rates;and implementation began April 1,2004.Appendix C,the Tax Rate Table,incudes the residential Street Maintenance Fee rate in its calculations.) In updating the earlier financial analyses,staff has calculated the annual revenues from a street maintenance fee structured as recommended by the ' Transportation Funding Task Force,and calculated how much revenue that fee would produce from the Bull Mountain Annexation area in 2004_ The following Appendix B table shows how much revenue would be generated in 2004 from the Bull Mountain area if this fee is adopted by the Tigard City Council and Bull Mountain is annexed_ These revenues would help to offset costs shown on the following tables charged to the Gas Tax Fund. Table 1 Potential 2004 Bull Mountain Street Maintenance Fee Revenues North West I South I East Total $26.7431 $9,3191 $31,680 $4,514 $72;257 The following tabW present the updated cost and revenue projections for the Bull Mountain area. Table 2a Projected Revenues and Costs by Fund for the Bull Mountain Area,North Unit Operating Costs Fund Revenue Opera nCost Balance General $1,001,368 $533,298 $468,070. Gas Tax $121,782 $147,302 $25,520 Sanitary Sewer $72,195 $47,977 $24;218 Storm Sewer $41,112 $45,138 $4,026 Water $535,188. $349,271 $185,917 I able 2b Projected Revenues and Costs by Fund for the Bull Mountain Area,North Unit One-Time,Capital Costs Fund Fund Balance/ One-Time Capital Balance Capital Revenue Cost General $468,070 $O $468,0701 Gas Tax $25,520 $297,111 $322,631 Sanitary Sewer $309,113 $295,069 $14,044 Storm Sewer $54,474 $0 $54,474 Water $185,917 $0 $185,917 Traffic Impact Fee $318,240 $3,461,190 $3,142,950 Parks CIP $204,399 $453,120 $248,721 Water SDC' $361,296 $367,560 $0,264 Table 3a Projected Revenues and Costs by Fund for the Bull Mountain Area,West Unit Operating Costs Fund Revenue Operating Cost " Balance General' $809,0971 $302,2151 $506,881 Appendix B Gas Tax $45,094 $293;020. $247,927 San Sewer . $28.385 $2Q386 - $7,999 Storm Sewer $16,164 $17,737 $1,573 Water $210,420 $147,639 $62,781 Table 3b Projected Revenues and Costs by Fund for the Bull Mountain Area,West Unit One-T&rle Capital Costs .Fund Fund Balances One-Time Capital Balance Capital Revenue Cost General $506,881 $O $506,881 Gas Tax «j,, $247 927 $315,489 $563.416 Sanitary Sewer $356,204 $384,917 $28,713 Storm Sewer $69,927 $O $69,927 Water $62,781 $0 $62;781 Traffic Impact Fee $388 960 $530,920 $141,960 Parks CIP $249,821 $1,914,375 $1,664;554 Water SOC $291 863 $0 $281;863 Table 4a Projected Revenues and Costs by Fund for the Bull Mountain Area,South Unit Operating Costs Fund Revenue OpfwatingCost Balance General $1,261667 $625,477 $636;190 Gay T:3z 3134,774 $233;9$4 $99,160 Sanitary Sewer $84,585 $52,733 $31,852 Storm Sewer $48468 $49,862 $1,694 Wafer $627 042 $388,113 $238,929 Table 4b Projected Revenues and Costs by Fund for the Bull Mountain Area,South Unit One-Time Capital Costs Fund Fund Balance/ One-•Time Capital Balance Capital Revenue Cost General- $636,190 $272,811 - $363;379 Gas:Tax $99160 $2,552,500 $2,651,660 Sari Sewer $316,747 $95,974 $220,773 Storm Sewer $56 806 $0-- ' 0 $56,806. Water $238 929 $0 $238,929: Traffic Impact Fee $318240 $1,255,830 $937,590 Parks CIP $204 399 $1,914,375 $1,709,976 Water SOC $361296, $566,641 $5,345 Appendix B Table 5a 'Projected Revenues and Costs by Fund for the Buil Mountain Area,-East Unit Operating Costs Fund Revenue O eratin Cost Balance General $1,649,439 $262,738 $1,386,701 Gas Tax $20,737 $50.231 $29,494 SanitarySewer $13,718 $13,811 $93 Storm Sewer $7,812 $11,208 $3,396 Water $101,695 $147,944 $46,249 Table 5b Projected Revenues and Costs by Fund for the Bull Mountain Area,"East Unit One-Time Capital Costs Fund Fund Balance/" . One-Time Capital jjBialanceCa ital Revenue CostGeneral $1,386,701 $0 6,701Gas Tax $29,494 $581,970 1,464Sanita Sewer $1,166,272 $499,269 7,003 Storm Sdwer $236,104 $0 $236;104 Water $46,248) $1,337,510 $1,383,759 Traffic Impact Fee $1,302,880 $2,695,440 '$1,392,560 Parks CIP $836,813 $5,743,125 $4,906,312 Water SDC $1,479,152 $9,025,640 $7,546,488' Table 6a Projected Revenues and Costs by Fund for the Bull Mountain Area,Total Area i Operating Costs Fund Revenue O ratin Cost Balance General $4,721,57 i $1,723,729 $2,997;842 Gas Tax $322,386 $724,487 $402,101 Sanitary Sewer $198,883 $134,907 - $63,976 Storm Sewer $113,256 $123,945" $10,689 Water $1,474,345 $1,032,967 $441,378 Table 6b Projected Revenues and Costs by Fund for the Bull Mountain Area,Total Area One-Time Capital Costs Fund Fund Balance/ One-Time Capital Balance Appendix B Ca ital Revenue Cost General 32,997,842 Gas Tax 02,101 7.84 $272,811 $2,725,031 3anita Sewer $3,747,070 $4,149,171 $2,948,336 $1,275,228 Storm Sewer $873,107 3417,311 $417,311 Tfrafiic Im ct Fee $449.378 31,337,5 O $896,132 t arks CIV x.328,320 $7,943,380 $5,615,060 Water SDC $1,495,432 $10,024,995 $8,529,563 $2,493,607 $9,759,841 $7,266,234 The results of these analyses show that the Bull Mountain annexation area will generally more than pay for direct general governmental operational (pnmanly polite planning)and for direct operations of the two services 9o!remmentat ut�7dies serving the area(water and sanitary sewer). The major exception to this trend is the operation of the street system_ The operation of the street system is funded primarily from state and county gas taxes. Gas tax revenues attributable to the Bull Mountain area are insufficient to cover operating costs of street in that area. One-time capital costs are paid for by a combination of operating fund balances and dedicated capital revenues. A comparison of available resources versus identified capital needs reveals major revenue shortfalls for most service areas_ Simply put,the Bull Mountain area by itself will not produce enough revenues to build the Capital facilities it needs for streets,parks,and water. It is important to note that when looked at from a City perspective,this analysis can be misleading. The City Operates a number of systems that serve the entire City(including in some cases the Bull Mountain area whether or not it is annexed);not discrete geographical areas. These systems include those covered in this analysis: Police,Streets,Water,Sanitary Sewer, $toren Sewer, Parks,and Planning services. Any one discrete geographical area in the City or adjacent to the City may or may not produce sufficient revenues to serve that area,but what is important is that the system as a whole can provide services to the entire area. The City's systems are financially strong, and these services can C be provided to the entire area,including Bull Mountain should it be annexed to the City. Conversely,this analysis can be very instructive when looked at from the Perspective of an area being considered annexation. If the area were to attempt , to obtain these same services at the level provided by the City of Tigard as a standalone district, it may or may not be able to cover operating costs. It would be unable to pay for needed capital improvements without a substantial influx of additional revenues. Appendix B Tigard Water District August 28,2003 Bull Mountain Accounts Route#2.10.12,36,37.38,39,42,3,41(000-0860,8023-9999) Water Sales(Previous Customer Type % #Active Accounts #Suspended Accounts 12 Months) Residential 2,880' 69 $837,838.05 Commercial 2 0 $1,554_71 Inigation 26 7 $27,314.56 Multi-Family 27 O. $30,508.58 Total 2,935 76 $897,215.90 All Other TWD Accounts Route#92.98.86,84.41(0851-8022) Residential 459 12 $101,340.91 Commercial 4 3 $3,996.64 Irrigation 7 O $4,949.84 Multi-Family 38 1 $834,844.73 Total 508 16 $945,132.12 C 7 � Note- Given the water sales for the previous twelve month period,the TSgard Water District would receive$8.972.16 in revenue. 1 APPENDIX ma�mm a #q##f«q aq#a#mq§�q q a§ ®� 1,16.;,. ,. gi ■ ....a _sa a . &„ r. A #k#qk °;gA�q¥mq «gs@;@mpmr a ° . =ca## Jieaa�aa7 ■&sleaaz#e # 2 � %(§)k\k Ll A 2§226 almq##f«# #m/§#§n2#q ! 3!! $ t -- � . i. _#A,k °a=aagkmqkk\ } w # 19_#- e f > U ,(k)kkk § \)k/§\2/§ZE 2 . ■!`© � ! °� ° ` � - � 7 _�ma �;,n=marry .�q§mq - $l� ik©a a© « _ : ! . - - *f; \§6.6 k§§§kk { } / 1:6.=;)( 22 a.-- • . . . 2 §f72 . � .. _f77� . . s: %s t |,lam � ; 1.-7� k } a z---Pm � . !#§7�.�- #2ka £##� a ,'�f 2 - . Z,-z5 a }): }��/lkkkl /� } #� �I�]))k APPBND1k D TIGARD URBAN SERVICE AGREEMENT November 26,2002 This AGREEMENT is trade and entered into by and between Washington County,a municipal corporation of the State of Oregon,hereinafter"COUNTY,^the City of Tigard,a municipal corporation of the State of Oregon,hereinafter"CITY,"Metro,a awtropolitan service district of the State of Oregon,hereinafter"METRO;'and the following Special Districts of the State of Oregon,hereinafter"DISTRICf(S)," Clean Water Services; r;Ard Water District; Tri-Met; Tualatin Bills Park and Recreation District; Tualatin Valley Fire and Rescue District;and Tualatin Valley Water District RECI'T'ALS WHEREAS,ORS 195.025(1)requires METRO,through its regional coordination responsibilities,to review urban service agreements affecting land use,including planning activities of the counties,cities,special districts,state agencies;and WHER,AS,ORS 195.020(4)(e)requires cooperative agreements to specify the units of local goveniment which shall be parties to an urban service agreement under ORS 195-1365;and WHEREAS,ORS 195.065(1)requires units of local government that provide an urban service within an urban growth boundary to enter into an urban service agreement that specifies the unit of government that.will deliver the services,sets forth the functional role of each service provider,determines the future service area,and assigns responsibilities for planning and coordination of services;and WHEREAS,ORS 195.065(1)and(2)require that the COUNTY shall be responsible fo- 1. Convening representatives of all cities and special districts that provide or declare an interest in providing an urban service inside an urban growth boundary"within the county that has a j population greater than 2,500 persons for the purpose of negotiating an urban service 1 agreement; 3 2- Consulting with recognized community planning organizations within the area affected by the urban service agreement,and 3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable Metro's review;and Tigard Urban Service Agrrtirtert November 26,2002 Page I. WHEREAS,ORS 195.075(1)requires urban service agreements to provide for the continuation of an adequate level of urban services to the entire area that each provider serves and to specify if there is a significant reduction in the ten itory.of a special service district;and WHEREAS,ORS 195.075(1)requires that if there is a significant reduction in territory,the agreement shall specify how the remaining portion of the district is to receive services in.an afford.Zle manner and WHEREAS,ORS 195.205 TO 195.235 grant authority to cities and districts(as defined by ORS 198.010)to annex lands within an urban growth boundary,subject to voter approval,if the city or district enacts an annexation plan adopted pursuant to ORS 195.020,195-060 to 195.085, 195.145 to 195235,197.005,197-319,197.320,197.335,and 223.304,and if the city or district has entered into utb4lk service agreements with the county,cities and special districts which provide urban seTvibi-s within the affected area;and WHEREAS,ORS 197.175 requires cities and counties to prepare,adopt,amend,and revise their comprehensive plans in compliance with statewide planning goals,and enact land use regulations to implement their comprehensive plans;and WHEREAS,Statewide Planning Goals 2,11,and 14 require cities and counties to plan,in cooperation with all affected agencies and special districts,for the urbanization of lands within an urban growth boundary,and ensure the timely,orderly,and efficient extension of public facilities and urban services_ NOW,THEREFORE,the premises being in general as stated in the foregoing recitals,it is agreed by and between the parties hereto as follows: I; ROLES AND RESPONSIBILITIES A. Parties to this AGREEMENT shall provide land use planning notice to each other in accordance with the provision of the"Cooperative Agreements;'developed per ORS 195.020(4xe). B. The parties to this AGREEMENT are designated as the appropriate provider of services to the citizens residing within their boundaries as specified in this AGREEMENT. C C. The CITY is designated as the appropriate provider of services to citizens residing within its boundaries and to adjacent unincorporated areas subject to this AGREEMENT as shown on Map A,except for those services that are to be provided by another party as specified in this AGREEMENT. D. The-CITY and COUNTY will be supportive of annexations to the CITY overtiune_ The CITY shall endeavor to annex the unincorporated areas shown on Map A,in keeping with the following schedule: 1. Near to mid-tenu(3 to 5 years): Bull Mountain area and unincorporated lands north of the Tualatin River and south of Durham Road and Tigard Urban Service Agreement November 26,2002 Page 2 2. Far-term(l0 years or later):Metzger area. E. Pursuant to ORS 195.205,the CITY and DISTRICTS reserve the tight and may,. subsequent to the enacunentof this AGREEMENT,develop an annexation plan or plans in reliance upon this AGREEMENT in accordance with ORS 195.205 to 220. F. In keeping with the Courcy 1000 Strategic Plan or its successor,the COUNTY will focus its energies on those services that provide county-wide benefit and transition out of Providing municipal services that may benefit specific geographic areas or districts.The COUNTY recognizes cities and special service districts as the ultimate municipal service providers as specified in this AGREEMENT.The COUN'T'Y also recognizes cities as the ultimate local governance provider to the urban area. G. Within twelve months of the effective date of this AGREEMENT and prior to any consolidation or transfer of duties or any single or multiple annexations totaf ng twenty acres,the parties shall identify any duties performed by the parties that will or may be assumed or transferred from one party to another party by annexation,consolidation or agreement The affected parties shall identify how the duties will be transferred or assumed,including the transfer of employees and equipment The process to transfer duties,employees and equipment shall account for the:cumulative effects of annexation, consolidation and transfer by agreement This process shall also address large scale annexations and the large scale transfer of duties by consolidation or agreement lathe event the affected parties cannot agree upon the processes to transfer duties,employees and equipment,the provisions of Section V11 of this AGREEMENT shall be used to resolve the dispute. It..The COUNTY shall have the responsibility for convening representatives for the purpose of amending this AGREEMENT,pursuant to ORS 195.065(2xa)- IL AGREEMENT COORDINATION A. Existing intergovernmental agreements that are consistent with this AGREEMENT shall remain in force. This AGREEMENT shall control provisions of existing intergovernmental agreements that are inconsistent with the term of this -AGREEMENT. This AGREEMENT does not preclude any party from amending an existing inter-goverumental agreement or entering into a new inter-governmental agreement with one or more parties for a service addressed in this AGREEMENT, i provided such an agreement is consistent with the provisions of this AGREEMENT. 11- The C[TY and COUNTY have entered into an intergovernmental agreement for the CITY provision of building,[and development and specific road services on behalf r of the COUNTY to the unincorporated lands in'the Bull Mountain area._ i C. CITY and COUNTY shall endeavor to take all action necessary to cause their comprehensive plans to be amended to be consistent with this AGREEMENT within twelve months of execution of this AGREEMENT,but no later than sixteen months from the date of execution. Tigard Urban Service Agreement November 26,2002 Page 3 Ill- AREA AFFECTED BY AGREEMENT This AGREEMENT applies to the Tigard Urban Service Area(TUBA)as shown on Map A and properties added to the Regional Urban Growth B-mdary(UGthat are to be annexed to the CITY in the future as described below in section Viri IV. URBAN SERVICE PROVIDERS A The service provisiotrs of this AGREEMENT,as described in Exhibits A through G, establish the providers and elements of urban services for the geographic area covered in this AGREEMENT;and B. The rolIWAng urban setvwes are addressed in this AGREEMENT. l__ Fire Protection and Emergency Services(Exhibit A); 2- Public Transit(Exhibit B); 3- Law Enforcement(Exhibit C); 4- Parks,Recreation,and Open Space(Exhibit D); 5- Roads and Streets(Exhibit E); 6_ Sanitary Sewer and Storm Water(Exhibit F);and 7- Water Service(Exhibit G)_ V- ASSIGNABILITY —No assignment of any patty's rights or obligations under this AGREEMENT to a differ--.t,^ea or consolidated or merged entity shall be effective without the prior- consent riorconsent of the other parties affected thereby_Any party to this AGREEMENT who Proposes a formation,merger,consolidation,dissolution,or other majorboundary change shall notify all other parties of the availability of the reports or studies required by Oregon State Statutes to be prepared as part of the proposal_ VI. EFFECTIVE DATE OF AGREEMENT This AGREEMENT shall become effective upon full execution by all parties_ VIL TERM OFTH9 AGREEMENT i ! This AGREEMENT shall continue to be in effect as long as required under state law_ j The COUNTY shall be responsible for convening the parties to this AGRIMMENT for ( the review or modification of this AGREEMENT.Pursuant to Section VIII_ Tlgard Urban Service Agreement November 26;21102 Page 4 VHl- PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT A- Parties shall periodically review the provisions of this AGREEMENT in order to evaluate the effectiveness of the processes set forth herein and to propose any necessary or beneficial amendments to address considerations efORS 195.070 and ORS 1.95.075. B_ Any party may propose modifications to this agreement to address concerns or changes in circumstances. C- The body of this AGREEMENT(Recitals and Sections I through DO may only be changed by written consent of all affected parties_ Amendments to the exhibits of thisEMENT may be made upon written consent of the parties identified in eacS ibit. -D_ The periodic review of this AGREEMENT and all proposed modifications to this AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic review of this AGREEMENT and all proposed modifications shall be considered in a timely manner and all parties shall receive notice of any proposed amendment_ Only those patties affected by an amendment shall sign the amended agreement All amendments that include boundary changes shall complywith Chapter 3.09 of the METRO Code or its successor. E_ lands added to the Regional Urban Growth Boundary that are determinedto be annexed to the CITY in the future by separate process,such an Urban Reserve Plan, shall be subject to this AGREEMENT.The appropriate service providers to new urban lands for the services addressed in this AGREEMENT shall be deternoned through the provisions of this Section unless those determinations are made through file dcvclopn;ent of an Urban Reserve Plan and all affected parties agree to the service determinations. This AGREEMENT shall be amended to address new urban lands and reflect the service provider determinations of this Section. consistent with the provisions DL DISPUTE RESOLUTION if a dispute arises between or among the parties regarding btrach of this AGREEMENT or interpretation of any term thereof,those parties shall first attempt to resolve the dispute by negotiation priorto any other contested case process. If negotiation fails to resolve the dispute,the parties agree to submit the matter to non-binding mediation_ j Only after these steps have been exhausted will the matter be submitted to arbitration. i Step I—Negotiation. The managers or other persons designated by each of the disputing f parties will negotiate on behalf of the entities they represent 'Ilse issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue_ If the dispute is resolved with this step,there shall be a written determination of such resolution signed by each manager,which shall be binding upon the parties_ Tigard Urban Service Agreement - Novcwber 26,2002 Page 5 Step 2;Mediation.If the dispute cannot be resolved within 30 days of initiation of Step- 1,a party shall request in Writing that the matter be submitted to non-binding mediation. Tire parties shall use good-faith efforts toagree on a tnediatcw If they cannot agree,the Parties shall reqs a list of five atediatots from an entity or fitat providing mediation services, The parties will attearpt to mutualtyagree on a mediator from the list provided, but if they cannot agree,each party shall select one name and the two mediators shall Jointly select a third mediator_ The dispute shall be heard by the third rrrediator and any cou nron costs"mediation shall be borne equallyby the parties,who shall each bear their own costs and fees therefore_ If the issue is resolved at this Step,then a written detenniaation of such resolution shall be signed by each manager and shall be binding upon a-parties. Step 3.. tration.After exhaustion ofsteps i and 2 above,the matter shall be settled by binditratioa in Washington County,Oregon,in accordance with the Commercial Arbitration Rules of the American Arbitration Association,the riles of the Arisihatiron Service of Portland,or any other'ndes mutually agreed to,pursuant to ORS 190.710-790,The arbitration shall be before a single arbitrator,nothing shall prevent the parties fiom mutually selecting an arbitrator or panel thereof vvbo is not part of the AAA panel and agreeing upon arbitration rules and-Procedures.-The cost of arbitration shall be sham equally.The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by.the parties.The decision shall be issued within 60 days of arbitration. X. SEVEItAgILM CLAUSE If any portion of this AGREEMENT is declared invalid,or unconstitutional by a court of cpanpetent Jurisdiction,such portion shall be deemed a separate,:distinct,and iradepertdent provision and such holding shall not affect the validity of the'remaining portions of this AGREEMENT_ XL SIGNATURES OF PARTIES TO AGREEMENT In witness whereof,Otis AGREEMENT is executed by the authorized representatives of the COUNTY,CITY,DISTRICTS,and METRO_ The parties,by their representative's signatures to this AGREEMENT,signify that each has read the AGREEMENT, understands its tents,and agrees to be bound thereby i i Tigard Urban Service Agreement November 26,2002 Page 6 CITY OF TIGARD By: James E Griffith,Mayor Date Appmved as to Form; By: City A-mey w J . Tigud.Udon.SaviodAWeemwt - November26,2002... . Page 7 TUALATRd VALLEY FIRE AND RESCUE DISTRICT By` Chairman.Board of Directors bate Approved as to Foam BY Distrix Counsel i i i i f Turd U&m Service Affeeakw fleventcr��2002-_b . 8 TUALATIN IIILLS PARK AND RECREATION DISTRICT By: President,Board of Directors Date Approved as to Form: By- District Counsel 1 I I Tigard Urban Service Ageem.4 November25,2002 Page 9 TRUMUr BY- - �ne.a1 t�fanager i�te Appmvod as to Fomc By: Dit—Counsel I 1 1 t ; 1 , Tigad Ueogft Savitc Agmmicat Novea�er7b,-7002 Dae 10 CLEAN WATER SERVICES BT- Tom Brian,Chair Board of Directors Approved as to Form: By_ District Counsel I j I 'rMud ueom Seavioe•Agecruent NoveniW26;2002• Pawn T[GMM WATER DMR[CC BY, Board of Directors Date Approved as to Form: sy. District Courrse! L� 1 1 Tigard[khan SavkC Age NOV—#-26,2002 Pam12 TUALATIN VALLEY WATER DISTRICT Bar Chairman,Board of Directors Date Approved as to Fora: By. . District Counsel 1 t ' Tigard Urban Scrvicc Agreement Novena=26,2002 Page 13' WASHINGTON COUNTY Tom Brian,Cbair paw i3oaW of Cowadssjoam Approved as to Form: By: Cowry C=- I . c i i 3 , i Tigaud Uc6an Sekvioe Agroea�t . November26,2002. Page 14 ' METRO By Presiding Officer Date. Approved as to Foran_ By Legal Counsel r 1 1 _ 1 Tigard ue—Ser—Aggoement Noyegib-2612W2 Page 15 EXHIBIT A PROVISIONS OF AGREEMENT FOR FIRE PROTECTION AND PUBLIC EMERGENCY SERVICES TUALATM VALLEY FIRE AND RESCUE DISTRICT,Cfi"Y and COUNTY agree= 1. That the TUALATIN VALLEY FIRE AND RESCUE DISTRICT(IVFR)is and shall continue to be the sole provider of fire protection services to the Tigard Urban Service Area (TUSA)show annoon Map A- 2- That-TVFR,6fir and COUNTY are and shall continue to provide emergency rnactagement response services to the TUSA_ 3. That TVFR is and shall continue to be the sole provider of all other public emergency services to the.TUSA,excluding law enforcement services_ 1 Tigard Uttim Service AgreearaN November Z6,20112 Page 16 EXHIBIT B PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE TRI-MEC,CITY,COUNTY and METRO agree- i_ That TRUMET,pursuant to ORS Chapter 267,is currently the sole providgr of public mass trausirto the Tigard Urban Service Area(TUSA)shown on Map A_ Future options,fo mr public ass transit services to'the TUSA may include pubtiapavate partnerships to provide rail or other transit service,CCCY operated transit service,and transit service by one or more -public agency to all or part of the area. >' 2. 'Chat-M446-4.11 work with the COUNTY,CITY,and METRO to provide efficient and efrective public mass transit services to the TUSH_ r i - r : . Tigard Urban Service Ag[ecumd _ - November 26,2002 Page 17 EXHIBIT C PROVISIONS OF AGPEE&MrWr FOR LAW ENFORCEMENT COUNTY and CITY agree: 1• That as a le L-1 ca -within the Tigard Uiiban Service Area shown on A4aP A,the CTfY will enfoaoemcm,services and the area wiH be withdrawn EA the C services identified Sher'"s Patrol ou The Sheriff's Office will continue to Provide:lawtenf ugh'the Cogan.Law Enforcement Project,aad those o cem,.t by state law_ Evendrally the Enhanced Sheriffs Patrol D' services�da� conditions oYuftg�matioq will be eliminated vvhc-u ons ct existent with its pow where the Bout ofthe District is no atutexations on a cetunty-wide:basis reach a 1onSer CCG-M irony feasible 2- That over time as annexations occur within Nie urban unincotporated area,the Prin>ary focus ofthe Sheriffs office will be to provide pro that ate county-wide in tthe P iniary o the tura(areas ofthe COUNTY. The Sheriffs offi levels and programs to ensure the m office will continue to maintain needed service The Sheriffs Office will also continuee to Provide f t a aidus c item in the COUNTY. and North Pfau)for services specified in the COUNTyS mutual id teller cities(e-it Banks cities uP°tt their request. The Sheriff's Office tvitl also considerrequestsa�eement with those enforcement services to cities on a contractual basis consistent with O Provide law eQft contracting policy. UNTY's law That 3 Ent°��,Yand CCl deteand other Washington County cities,tiuoup�t the Cogan Law not mandated by state law. mune @�e nitimate TutK tions of fhe Sheriff's Office Mat are 4- That the COUNTY and CITY shah utilize cornp'arable aueasures ofstaffatg that accurate deP-t the level of service being provided to residents of all local jurisdictions in tly he COUNTY. i. i i `. Tigud Urban Service AgtunieW November 26.2002 Page is E3MlBrr D PROVISIONS OF AGREEMENT FOR PARKS,RECREATYON AND OPEN SPACE CITY,TUALATIN tMLS PARK AND RECREATION DISTRICT Cn rPRD),COUNTY,and METRO agree: 1_ That the CITY shall be the designated provider of park,recreation and open spaces services to the Tigard Urban Service Area(TUSA)shown on Map A. Actual provision of these services by the CITY to lands within the TUSA is dependent upon lands being annexed to the CTCV. W- the Metzger Park Local Improvement District(LID),the CITY will be a joint provider services. The CITY and THPRD,however,may also enter into inter- governmental agreements for the provision of park,recreation and open space services to residents within each other'boundaries,such as the joint use of facilities or programs.This provision does not preclude future amendrrrents to this AGREEMENT concerning how park; recreation and open space services may be provided within the TUSA. 2. That the CITY and the COUNTY should further examine the feasibility of creating a park and recreation district for the TUSH_ 3. That standards for pads,recreation,and open space services within the TUSA will be as descry-bed in the CITY'S park master plan- 4. That the CITY and COUNTY are supportive of the concept of a parks systems development charge as a method for the future acquisition and development of parks lands in the TUSA ttdt are outside of the CITY_ The CITY and COUNTY agree to study the feasibility of adopting such a systems development charge for lands outside of the CITY. 5_ That at the next update of its parks master plan,the CITY shall address all the lands within the TUSA_ 6. That the Metzger Park LID shall remain as a special purpose park provider for as long as a majority of property owners within the LID wish to continue to pay annual levies for the operation and maintenance of Metzger Park. The CITY and COUNTY also agree to the continuation ofthe Metzger Park Advisory Board However,the COUNTY as administrator j of the LID,may consider contracting operation and maintenance services to another provider • if-that option proves to be more efficient and cost-effective_ This option would be presented and discussed with the Park Advisory Board before the COUNTY makes a decision. 1 j 7. That continuation of the Metzger Park LID shall not impede provision of parks,and eventually recreation services,to the Metzger Park neighborhood by the CrrY. Continuation of the Metzger Park LID will be considered as providing an additional level of service to the neighborhood above and beyond that provided by the CITY. Tigard Urban Service Agreement - November 26,2002 Page 19 8. That the CTTy and COUNTY will coordinate with Metro 20 investigate funding sources for W"isitioa and unnagement of parks which serve a regional function. 9. That Metro.may 0wa and be dro pray decd r of region-wide parks.tecreatwu MW open space . facilities wiWia the TUSA Metro Grearspaoe and Parks facilities typically are to serve a broader"ulatioa base than services provided to residents of the TUSA by the CITY. Wlrcrc applicable,the Cffy.COUNTY.and METRO will aspire to twordimrte facility devejopS management and services, i i j t Tigard.Ueom Service Agrammt November 26.2002 Page 20 EXHImT E PROVISIONS OF AGREEMENT FOR ROADS AND STREETS CITY and COUNTY agree: L Existing Conditions and Agreements A. The COUNTY shall continue to retain jurisdiction over the network ofarterials and collectogim9ithin the Tigard Urban Service Area(TUSA)that are specified on the COUN 404ide roadway system in the Washington County Transportation plan_ The CITY.shall accept responsibility for public struts,local streets,"neighborhood routes and collectors and other streets and roads that are not part of the COUNTY-wide road system within its boundaries upon annexation if the street or road meets the agreed upon standards described in Section 2.C_(2)below_ B. The COUNTY and CTI'Y agree to continue sharing equipment and services with renewed emphasis on tracking of traded services and sharing of equipment without resorting to a billing system,and improved scheduling of services_ Additionally,the COUNTY and CITY shall work to improve coordination.between the jurisdictions so that the sharing of equipment and services is not dependent on specific individuals within'each jurisdiction. The COUNTY and CPCY shalt also work to establish a more uniform accounting system to track the sharing and provision of services. C. Upon annexation to the CITY,the annexed area shall be automatically withdrawn from the Urban Road Maintenance District(URMD). D. Upon annexation to the CITY,an annexed area that is part of the Washington County Service District For Street Lighting No.1 shall be automatically withdrawn from the District The CITY shall assume responsibility for street lighting on the effective date of annexation of public streets and COUNTY streets and roads that will be transferred to 6 the CITY_ The COUNTY shall inform PGH when there is a change in road jurisdiction or when annexation occurs and the annexed area is no longer a part of the street lighting district_ i 2. Road Transfers J Transfer of jurisdiction may be initiated by a request from the CfTY or the C0U17"i'Y_ A_ Road transfers shall include the entire right-of-way(c-g,a boundary cannot be set down the griddle ofa road)and proceed in a logical manner that prevents the creation of segments of COUNTY roads within the CITY'S boundaries. Tigard Urban Service Agreement November 26,2002 Page 21 8. Within thirty days of annexatian,the CITY will initiate the process to transfer jurisdiction of COUNTY and public stmets and roads within the annexed area,including local struts,neighborhood routes,collectors and other roads that are not of county-wide s"'"cane.The transfer of roads should take no more than one year from the effective date of annexation. C. The COUNTY: (t)To facilitate the road transfer process,the COUNTY will prepare the exhibits that document the location and condition of streets tobe transferred upon receipt of a transfer request from the eny. (2)Prior to rural transfer,the COUNTY: (a) Shall complete any maintenance or improvement projects that have been planned for the curzeof fiscal year or transfer funds for same to the CITY. (b)Shall provideffie CITY with any information it may have about any neighborhood or.other concerns about streets or other traffic issues within the a mea area -Lis tray be done by providing copies of COUNTY pt+ujxt.files doe in—ts orthrough joint meetings of CTTy and.COUNT'Y staff ttscmbers: (c) Shall orale needed roadway improvements so that all individual roads or streets within the area to be annexed have a pavement condition index(Pel)ofmore than 40 and so-that the average PCI of streets and roads in the annexed area is 75 or higher- As an alternative to COUNTy_y de improvements,the COUNTY Inay pay the CITY S costs to make the necessary improvements- (d)Shall inform the CITY of existing maintenance agreements,Local Improvement Districts established for road maintenance purposes,and of plans for maintenance of transferred roads.The COUNTY sball withdraw the affected territory from any road maintenance LIDS formed by the COUNTY, D. The CfTY (1)'Agrees to accept all COUNTY roads and streets as defused by ORS 36$.001(1)and - all public toads within the annexed area that are not of coon art not identified or in the COUNTY'S Transportation Plan as p wide significance d Po part of the county-wide road system provided the average Pt;[ofal!COUNTY and public roads and sheets j - that.the CTTY is to accept in the annexed area is 75 or higher as defined by . COUN[`Y5 pavem+nt management system. If anthe TY uy individual COUNTY J skeet or road that the CTTy is to accept within the area or public has an average PC[of 40 or less at the time of annexation,the CITY shall assume jurisdiction of the road or skcct only-after the COUNTY has complied with Section 2.C.(2)of this exhibit (2)Shall,in the event the transfer of toads does not occur soon after annexation,inform the newly annexed residents of this(act and describe when and under what Tigard Urban Service At;'ecinant November 26,2002.. Page 22 conditions the transfer will occur and how maintenance will be provided until the transfer is complete. E. The CITY shall be responsible for the operation,maintenance and construction of roads and streets transferred to the CfTY as well as public streets annexed into the CITY. CITY road standards shall be applicable to transferred and annexed streets. The CITY shall also he responsible for the issuance of access permits and other permits to work within the right-of-way of those streets_ 3. Road Design Standards and Review Procedures and Storm Drainage The CITY and COUNTY shall agree on: A_ The ClT4aand COUNTY urban road standards and Clean Water Service standards that will be applicable to the construction of new streets and roads and for improvements to existing streets and roads that eventually are to be transferred to the CITY,and streets and roads to be'transferred from the CITY to the COUNTY; B. The development review process and development review standards for COUNTY and public streets and roads within the TUSH,including COUNTY streets and roads and public streets that will become CITY streets,and streets and roads that are or will become part of the COUNTY-wide road system;and C. Maintenance_responsibility for the storm drainage on COUNTY streets and roads within the TUSA in cooperation with Clean Water Services. 4. Review of Development Applications and Plan Amendments A. The COUNTY and CITY,in conjunction with other Washington County cities and the Oregon Department of Transportation(ODOT),shall agree on a process(es)and review criteria(e.g_,types and levels of analysis)to analyze and condition development applications and pian amendments for impacts to COUNTY and state roads_ B. The review process(es),review criteria,and criteria to condition development and plan amendment applications shall be consistent with the Oregon Highway Plan,the Regional Transportation System Plan,COUNTY and CITY Transportation Plans and Title 6 of METRO'S Urban Growth Management Functional Plan. 5. Maintenance Cooperation a j A_ The COUNTY and CITY,in conjunction with ODOT,shall consider developing an i Urban Road Maintenance Agreement within the TUSA area for the maintenance of COUNTY,CITY,and state facilities,such as separately owned sections of arterial strects and to supplement the 1984 League of Oregon Cities Policy regarding traffic lights. _Tigard Udmn'Semiec Agreement November 26,2002 Page 23 -A- The COUNTY and CITY,iu conjunctioo.with other W develop a set of minitnwn right of way maintenance standards County cities,shall used in perfonuanm of services provided under the change and vices of activity to be described above in 5-a - - cage ofservices agreement O'Zbe COUNTY may contract with the.CITY for the maintene of COUNTY streets and roams within the TUSA uW7tuan ng agreed upon bianc lling syst tnc D. The COUNTY,CTI'Y and ODOT,in conjunction with other Washington County cities, will study opportunities for co-{ting maintenance facilities_ 6. hoplement,ti Withi one year of the effective datq ofthis AGREE[viENT,the CITY and COUNTY agree implemented. to develop a schedule that describes when the provisions of this exhibit shall be . Timgazd.Udnn Service Agmanent .. - November 2ti,2002 - - Yage 24 EXHIBIT F PROVISIONS OF AGREEMENT FOR SANITARY SEWER AND STORM WATER MANAGEMENT CLEAN WATER SERVICES,(CWS),CITY and COUNTY agree: I. As a county service.district organized under ORS 451,CWS has the legal authority for the sanitary sewage and storm water(surface water).management within the CITY and the urban uuiurcorporated area. CWS develops standards and work programs,is the permit holder,and Operates thetary sewage treatment plants. 2. The CITY perforans a portion of the local sanitary sewerand'storm water management programs as defined in the operating agreement between the CITY and CWS. This agreement shall be modified on an as-needed basis by entities to the agreement. 3. At the time of this AGREEMENT,the following are specific issues.that the parties have addressed as part of this process and agree to resolve through changes to current intergovernmental agreements.. " A. Rehabilitation of Sewer Lines with Basins Identified with High Levels of Infiltration and Inflow(I&I). B_ For lines that are cost-effective to do rehabilitation,CWS and the CITY will consider r cost-sharing regardless of line size under a formula and using fund sources to be agreed on between CITY and CWS_The cost-share is to be determined through specific project intergoverrunental agreements. Following the evaluation of program funding methods, CWS,in cooperation with the CITY,will detenmine the long-term funding for I&I and other rehabilitation projects_ C. CWS,with assistance from the CITY and other Washington County cities,shall undertake periodic rate studies of monthly service charges to detemuine whether they are adequate to cover costs,including costs of maintenance and rehabilitation of sewer lines. The irate study shall consider sewer line deterioration and related rnaintenance and repair i issues. i 4_ Master and Watershed Planning: A. Primary responsibility for master and watershed planning will remain with C-WS,but the CITY will be permitted to conduct such planning as long as these plans meet CWS standards. CWS and the CITY shall use unifon n standards,such as computer modeling, to conduct these studies. CWS and the CITY shall determine their respective cost- sharing responsibility for conducting these studies. Tigard Urban Service Agreernerut Novmnbw26,2002 Page 25 . B. CWS and the CrrY,in conjunction with other Washingtaxi County cities using the City/District Committee establishes!by CWS,shall develop uniform procedures for the aootdination and participation between CWS,the CrrY and other cities when doing master and watershed planning' 5: Sanitary,sewer Systems Development Charges CWS and the CrfY,in conjunction with other Washington County cities,shall use the results of the CWS Conveyance System Management Study,or updates,for options for collection and expenditure of SDC funds to address.cu{rent disparities between where funds are collected and where needs am for projects based on an p aged upon CjTy/CWS master. 6. Storm Water A;wement system Development Charges A. CWS and the CITY shall use the results of the CWS Surface Water Management plan Update Project to address all aspects of storm water management and to provide more direction to CWS and the CITY- B. Watershed plans being prepared by CWS for storm water ma—gement shall address the funding. major collection system as well as the open-channel[system to identify projects for 7. Maintenance CWS,in cooperation with the CrrY and other Washington County cities,shall use the resahs of the CWS Conveyance System Management Study for guidance to resolve issues related to roles:of the DISTRICT and the cities in order to provide more cost effective maintenance of the collection systems. t t 1 . t t Tigani Urban Service Aveemear Novcrdbw 26,MM Page 26 EXHIBff G PROVISIONS OF AGREEMENT FOR WATER SERVICE TUALATIN VALLEY WATER DISTRICT(TV WD),TIGARD WATER DISTRICT(TWD), CITY and COUNTY agree: 1- Supply: A- Supply generally will not impact service boundaries,given that a limited number of sources pmVde all the water in the study area and the number of interconnections between`prGviders are increasing and are encouraged to continue in the filum- B- Future supply and conservation issues may be addressed through the Regional Water Consortium to the extent reasonable and practicable for water providers in Washington County. Service providers in the TUSA shall continue to participate in the Consortium and use it as the forum for raising,discussing and addressing supply issues- C The Consortium may also serve as a forum to discuss and resolve water political,issues to the extent reasonable and practicable for water providers in Washington County..The Consortium is an appropriate fort to bring elected officials together and for promoting more efficient working relationships on water supply and conservation issues- D- Intergovernmental agreements sball address ownership of interconnections between .CITY and Districts'sources,whether for the purpose of wholesale provision of water from one entity to the other or for emergency use,in the case of a boundary change that involves the site of the interconnection_ 2. Maintenance,/Distribution: A- T V WD,TWD and the CITY do not anticipate any events in the foreseeable future that would necessitate maintenance,rehabilitation or replacement beyond the financial reach of any of the water providers in the TUSA Each provider will continue to be responsible for providing the futancial revenue stream through rates and charges and to accrue adequate r..sc:ves to meet foreseeable major maintenance needs_ l B_ TV WD,TWD,CrFY,and COUNTY agree to maintain and participate.in the i Ccoperative Public Agencies of Washington County in order to efficiently share and exchange equipment and services- C_ To the extent reasonable and practicable,TV WD,TWD and the CITY shall coordinate mandated(under Oregon law)underground utility locating services to efficiently provide service within the urban service areas. D- TV WD,TWD and CITY agree to provide to one another copies of as-builts of existing and new facilities and other types of water system maps for the purposes of facilitating Tigard Urban Service Agreement _ - November26,2002 Page 27 planning,engineering and design of other utilities or structures that may connect, intersect or be built in proximity to CITY facilities. The CITY agrees to incorporate such Wrapping into its GIS mapping system of utilities and other facilities. TV WD,TWD and CITY agree to develop and maintain a common,on-going,up to date GTS mapping system showing facilities ofeach water provider within the TUSA. 3. Customer$envied Water Rates: A Price ofsupply and bonded indebtedness will most likely have the greatest impact on rates. B. TV WD,TWD,and the CITY believe that rates are equitable within the TUSA- C- USHC. Given a4fiate water pressure,level and quality of service should not vaiy significantly among different water providers in the TUSA and does not appe�r to be an issue for most customers. 4. Withdrawal/Annexation/Merger. A Notwithstanding Section I of this AGREEMENT-Roles and Responsibilities,or existing agreements between the providers,•fume annexations may lead to changes in service provision arrangements. Modifications to any service area boundary shall- comply,with INTRO Code Chapter 3.09 and provisions identKzd under Section IV. If necessary,the Metro Boundary Appeals process shall be`employed to resolve conflicts between parties as they arise.TV WD,TWD,and the CffY shall continue to work together to adjust boundaries as appropriate to improve the cost-effectiveness and pffdency ofproviding service. B. In the event that the entire service area of any DISTRICT is annexed in the future,that district shall be dissolved_No attempt shall be made to maintain the district by delaying annexation of a token portion of the district(e.g_,the district office). C. The area ofTV WD known as the Metzger service area shall remain in TV WD,except those portions agreed to by both TV WD and CITY that may be withdrawn from TV WD upon annexation to the CITY. In exchange,TV WD will support the CITY joining as a partner of the Joint Water Commission: D. Providers that propose a merger,major annexation or dissolution shall give all providers in the study area an opportunity to influence the decision as well as plan for the consequences. None of the parties waives its right to contest a major or mirror boundary i change b asyof the other parties on the issue of the appropriate Service provider for the j area encompassed by the boundary i-,;.-,ge except when the party bas expressly waived that right as to a described service area in an agreement executed subsequent to this agreement-- ' w,p:baae�l2ATiyvd USAF'mal Ayrarnra<112602dx - ' I igarid Urban Service Agmicnt November 26,2102 Page 28 Mt sw P 1 digE'FFa MTVImp a" wr Una o t -F '4 Y 1_� x � .fii' 8 -7, t. /.L�k .e R � ISE((` — t d 1 f� •a c 6 � Y''� 6'�'��?��,AW7 �._i i� �e � C4F6iPEUei ��litdl� -ii "* flt nil w "� W a,e RMAE15:1 ssHa IE9 ds 11A 15;S� - Nt��s:5 J r• ♦. A 11 r •111 111 11 COPYAPPENDIX D.(Signed) TIGARD URBAN SERVICE AGREENMNT November 26,2002 _ltis wc�tP�1FNi is mads and Catered tato by and belvueen Washirr�bon ee,mty,a "- aotpaiati�anof@ue -O�EIHIY,"16eCity afTiSud,anmucipal mrporationoffl�eSYatecEOie�aa `Crrir-Metm6a-&mpaStansorv=ed.trictof 1!$�State of Orugoo;hereion�`MEiI'RO,"aad the foUowiaE Special Digrius ofthe Stale of O;rgaghe�8rr`DISTRICI(S7' " Clean wader Servip¢s; Vafx.D ft ct; - _ lronlatin)3�SraztcanaRcucationDisfri� _ T=latin VaHcy Foo and Rescue'District;and Tbabtin Valley Water nish d :REcirALs VV11EREAS,ORS 1.95:025(1)rapnees 1 1BO,tLro,gh its+ ?i caor elit5es do Yev;ew wrban service agxeemmis a toad osr,indadmg P - viriGs ofthe'oormties, cftS,spea`al&A-CIS,state so—Cs,and _ wilts"ORS lS&:OW4)(e) S goopaatiac agrc�ots to apoc rtt�e ups of iocat 8 ?»which sLaitbe parties to an urban service agreement under ORS 195:065;and WZ-EREAS.ORS 195:065(1)xc t"vridi �s tm#s o�local that pmvide an nrbanaQvioc m art'»+ba4 t,►vwdL'bom,daly to enter into as urian service aSMCw=A 8xt specifics the unit of amwnrocat that vM deliver the service sets Sxththe fmdimal role ofeach service Fmvide r. des the Suture service arca,and assigns ruxpoosi6,yifim for Planing and oomdigaGoa of =Xvicez;and VHMEAS.ORS 195.065(1)and(2) that the COUNTY--ll be ramble for 1- rePrcscnt2tives ofalt Cities and special&tguicts that provide ar declare an interest in ProvitTag-as urban service inside an urhan Samth boundaey within tho county that has a population greater than 2,500 persons far llcparposc ofnegahatiag an urban service 2 urban srivres�� YP wiehm the area affected by the 3- NctifymR Metroin advance cfnxc i W to zegodaft an urban service amt to enable Metro's zeviee,and ' �,[d IhLon Service Ag�ett - NOV nbcr2b 2002 Page 1 W11PRF.AS,ORS 195 075(l)requires urban service agreements to provide for the oodinuatian of m adequate lever of urban services to the entire area that each provider saves and to specify if dbmc is a aiamficant redwebon;o the Scardory ofa special striae ifistnet;and VVHERBA.S ORS 195.075(1)zcgci'u that iftheseistrai acct mdmcdm mterritory.die agreement shall specify how the"tatamaw portion of the first i t is-to zoceivo sine"in an a0bilallo manner.and WHEREAS,ORS 195205 TO 195235 grant authority to cities and&stricts(as defiwdby ORS 193.010)to annex l;w&within an atban growth boundazy;snbjoct to voter apprevat if llve ,ar dirsb id mads an amoration plan adopted pursuant to ORS 195.O2o L95.060 to 19S_o35, 195.145 to 195.235,197.005,197319,197320,I9733S,and 223.304,and&the my or district has enveerod idQmon s-rvic-agreements with the county,cities and special districts wb h provide wban=Ywces within the affected area;and W- HEREAS,ORS 197_175 vVii es cities and mrmtics to prepare,adopt amen[,and revise their Comprehensive plans m oempliaoCe with statewide planning goals,and coact land use regulations to implement their comprehensive plans;and WHEREAS,Statewide Plao®g Goals 2,L 1,and 14 require cities arid mics to plaq'm Cooperatiaa an aHCS[6d agencies and special districts'roe the utbaoisat ou of lands wtlbia an urban growth boundary and ensure the t®dy,ordexly,and elm eadesio a ofpubr.faeces acid urban services NOW.TEBW WORE,the prises being in general as slated in the by and between the parties hereto as fellows: fwegeang 'rt is agrud L .DOLES AND RFSPONSIBILnMgS A Parties to this AGREEMENT TT shall provide land use planning notice to each other in nocaad nice with the pnwisiou ofthe"Cocpaativo Agroemeats.7 developed per ORS 195-020(4X-)- B. The parties to this AGREkRAE Tl'ate designated as tbo appropriate preorder ofse:rvices to The ataaens minding with=their boundaries as spocdied is thins AGREEMENT C. The LILY is designated as the aPPF`ce rat-tuovidcr ofservices to atizens mailiog vidInin its boaodw—and to ailjaCCUt unincorporated areas sulgoct to ibis AGREl%G•TTP as drown on Map A,except for those services that are to 6e provided by anathes party as specified in tbiz AGREEbIE VT. 9 D_ The CITY and COUNTY will be supportive of annexations to the CIIY overtime_ The CITY shaft endeavor to amoc the unincorporated areas shown on Map A,in kecpwg with t the bellowing sdmdulex 1_ Near too midiron(3 to 5 yem):-Balt Mountain area and incorporated lands north of&c Tualatin River and south of Durham Road and _ TigardUibaa$ervioeAgrxmaK . li 26,2002 Page 2 2. Farierm(10 years of later).Melzget area ?a Pagrsualpt to ORS 195.205,the C"Y'a9d DISTRICTS resacve&M tiglt and may, subsequent to the eoaetmeat of this AGREBIy)air.dm-am an Ann=mrim plan or plans in reTiaaooupon ddsAGREMbWtTrioacconfanorwith ORS 195.205 to 220. F In kcqft wdn the Cotouy 21000 Sbulegic Pkv+or its socecsso,the COUNTY win focus its eoriEics on those services that provide county-wide benefit and transition oat of provmrm4 nummicipal services that may benefit specific googaphio areas or districts. llae COUNTY rcoogniaes illus and special sapioe&aricts as the uwmx to municipal service pmvWm as specified in dim AGREENW . 'lire COUNTY also re oguias cities as the nitimate local govaramm provider to the urban area_ G_ VrWW tvv vc montl►s ofthe effioaive date oftbis AGREE ENT and prior to any codon ortransfrr ofdubes orauy swgX-orale annaxabms totaling twenty acres,do part—An id?dify+—Yduties pergXmmcd by the parties OW wig or may be ass®Tell ar trmsfated from one pally to-ad—patty by annexation,coasold.&m m agrermmt. Ike aff=Wd Parbw sbA idmtifybow the duties wdl be haas&.r dor assaIDA mclu W/6e transfer 4f employees and equgxqeat lbe process to Uzasfer . duties,employees and equipment shall account for the eve eEects of consolidation and transfer by M&C-CEW32t'lI-is process shall also addt=lard s� annexations audthe large ware traasfot ofdutirs by caasoTvdation or agivawr< Tri the event the affected parties cannot agree upon the pros to transfrr duties,employees and cqu4mm3k the Provisions ofSectimVIZoffinisAGREEZJI2 Tsballbeusedto resolve theavate.' I3 Ike COUNTY shall have the tespaosibtT-rty for conveving ropreaernatives for the purpose of ammdmg this AGREEMENT,pursuant to ORS 195.065(2xa)- E AGRF.KJMMi COORDINATION A B:sstmg refuge ver>mcatal agreements that are co-=tout widL this AGRMWffWr shall rtmain in farce lois AGREEPJ TPsban coa gol provisions efcAsting ioeqovernmentat agmen is that are moaosistentwith the taros ofthis - AGREEMENT. This AGREEIv EW does Dot Preekk1e any party fiom'amendinS as a id--goscsnmerzal agnocrocatOrentcrft into a new interim amt with arae of rase parties for a Service addressed is this AGRHEM 2Tl provided suvn an rgrccuma is cOnsiskmt with the provisions of this AGREEMEN17_ B. the CITY and COUNTY have entered into an fiftMOMMMIACUtal agrcmamt for the CITY prwisionof buuldiu&land dcvelopmrnt and spomfic road services on be hr lfof the COUNTY to Ste unincorporated lands in the i3dl Mountain area_ I - Cl- CIlY and COUNTY sball endeavor to take all action necessary to cause their compreheaskm plans to be amended to be consistent with this AGREEMECTr vdbin- tvidwmouths ofaceartian of this AOMOMN1;but no later than sudwn mouths from rho date of c=cautiom- I%zrd thbam Sav=Aggoe3eot Nlam=*-26y 2002 PAW 3 III. AREA AFFECTED BY AGREEMENT Ibis AOREamEwrappucs to the-rmpud�tf4-bau Smvkc'Arca(rtWA)is shown an Map Aand prupertirs addodtothe Regiooat Ud"m Cuotorth Boundary(tJCB*. )ibat are bob. mood to the CITY in the Aft==descm-bcdbeIowin Sccrian VDL IV. URDANSERVICEPROVIDERS A"The service provisions of this AGREF1dENT,as desrnbed in Exhibits A dmough ti establish the providers and dements Of urtomua services for the geographic area covered -ia lois AGREEMENT;and - - BIgit*llowirmg ud)aascrvicesamaddressadimdmAGRIMM41itM_ I. Fire Protection and FAmecoc r Services(FxI"A); 2 Pulmic Transit(bd8hit B); 3- Law Fafocoaneotr(i&-bit Cy. 4. Pad Cs,Recreatico;and Open Space(Exbr7»t D); 5- Roads and Sheets Qld&t E); 6. SanitarySewcrandStotmWa&w(ExhibitF);and 7. Water Service.(Exb%k(])- V. ASSIGNABILITY - No assignment of aayparty's�or abs tmdertbis AGREEINENT m a ddTezeot,new or Consolidated or merges cs"y sball becffbctmc without the prior consent ofthe other parties affected theaehy.Any party to this AGRE,>�TT vvho prgiaaes a f-m atim.mere,convulidatmq,dissolution,orotlre'may-boundary dotage shall notify A otberparties ofthe avaiialiddy of tin reports or shmfiics rewired by Oregon State Statutes to be prepared as part ofthe pmposaL VL EFFECTIVE DATE OF AGREEMENT This AGREEmENT shall biome caective upon full ezowtion by ant patties- VEL TERM OF THE AGREEMFM` This AGR TC shall caotinre to be in eIIoct as long as required under state law_ 'Itle COUMY"..be resgck^sr- -for cmffi► veuina the parti s to this AGRUM for the review or modification oftbis AGREEMEW,pursuant to Section VIUL Tigad Urban ServieeAgreemcot NOvember2fi.,-20112- Page 4 VIII. PROCM FOR REVWW AND MOOMCATYON OF TM AV-RRMKgNT A Partkef abaU periodtvaUy-vk-the provisGoas o£Wis AGRlft14R>TTr•in order to evabaate the effeefivmrss oft6e p—set ftth haul and to pry xmy nay or to address oontidecabous of ORS 195_0%90 and ORS 195,075- B. Any}pity okay propose AfOdacatonS Sothis agr—wnt to address aonorncs or ebanges in ea[ut�tdooes. C_ The bodyaftt,is AGREEWMT(Recitals and Sodiom l mroagh DX)may.antp ue dsatgedbyoaitteaconsortcfanaffeetedpath=. •.; to theexdu�itsofthis AGI - Gray be made upon wwkbm eooscmt of aw pmtios idootifiod is each D. Tbo periagc raeicwofthis AGREEM]3•TT'and aft pmposod modifica6a=to this AGMEEMZNT shag be eootdinattd by the COUN1Y_An iulaests for the periodic review of16is AGREUMgr and an proposed njo&ficafiomshin be considered in a tamely Bantu and all parties shat!receive notice of myproposed ammdmerd Only ihoscpartiAffodod by an ameadmcr&shaU sign ttw en amded amltt A es armadotepts that iadode bm-daty changes shall amply with Chapter 3.09 ofthe METRO Cade or its snocessoc li l amds ad&d to the Regional Urban Growth Boundary that are detenz iced to be amesod to the CrIY iuthe f d uce by separate process,andk an Uctaan Reserve plan, shaft be pkbjectto this AGRIUMEKr. The appmp&ft amvic providers to neve urban had-dixtbosaviees addtessed iathis AGR abaft be deTwroacd th-J.*a--ptuvlsiaos-fa-Suction carless those dder>atttab.art>rtade the dcvetopnteat ofaa thhM P-eserw Plan and all affcagd paatia agree to the service dans-lUsAGRUMMEWsbaRbammdcdtoa&ltcuncud=nhn& and refieot the senor Provider detexpthwios coostaertwiththe provm%om ofthis Sec&on. _ . DL DISPUTE WMLIMON. lifi d-Lspu6e arises betwem or among the parties regardiog bccar h ofdus AGREEM&i.Tt' orhaerpmebtion ofanyterx► tbompartiesshallfirst attempttoresofmdim dispuft by motion phot to nay othda rax Amass. If t�egatiation fads to resolve the &RspC t;Stu Imrtea a&ac to saber the mattes to nm bra n�iatioa Only of these steps have been tabausftd will the matter be submitted to arbihatiwd. i hep 1—Negotiamon 71 weather &,xis i n I�T� .utul by ot'ffio � parties�n oa behalf adibe a they reptestett.Tlt�issues oftlsc dxaII be redttced to writing and each manager shaft thea axed and an-upt to resolve the 'ss— Tf the dispute is tcsolved-i&this seeP,there shag be a va ittcr demmuirmim of sock resohbou mvwdby each manage,which shag be binding upou the parties- - Tig�rdtTibaaSeevtocAgneengK Nommbiw 26,2002 Step s—M fizdom Ifdmdtsputeca000cbevaotvea Within 3od.7sofinni a.ofstep 1-a Petty AMR rtQwst in wirtiug Out Ac a»be submitted to aan-biodmgmediation_ Wbc part'ro shall use 86oA4*hsffab/b agree on a paidcid3alfrequestalist cft4vcneCdisomtsfrimaneaw0-r- l pcnvidfiNt ter t he secvroes. ILeprotac�vv�llat6�lptiompec�lpagraoua-6 rson&a6atpm ided . li.,c.,e,�orf.,t1a3'��+�s r�Pa*ty�sdectoae mea and tea twu medatria s� jabtl vdcct a d&d mediakw. 'Ihe dispute abaft be beard by ebe third nw&dwa"... Dammdn Cosh ofmediaoim sf-R be borne-P.My by ebe partick wbo shaft ead►b.,th¢q own costs and Sxs therefore. If the issue is�esdvod at tLis Step,tfaeh a wr6ocu deamination ofsach resobifion shaft be sigocd by each manager and shaft ba bkK mg Upon thcpartits_ Slcp3,t#"aho Air eth oaofStga1and2abo% e�shaftbcsddod by I"K arbWadom a washiW_Camly.O_ga%in aoa*nm wish use Comm=,W Arbitration Rads ofthe Amcaiean Arbihatian AssoQab;oo,tha aides ofihe Arbhration Service ofl'orifaod,0-raryC@aeraisles yagreedtgpur�toORS190.710-790. The arbitration shall bo before a smgie arbitrator,nodg.slean prevuathc parties from UvAM ty sdating m arbitrator or pawl thaeofwho is mit part offlra AAApand and ' a�eeeiog upon arbi[ratim rules rad pioeedrues.The ooataEaaiiR:aSan shoo bo sharrd egaaHy-The ad km6m shaft be held iv 60 days ofmdoctean oftbc ad ift*w rmkss odwnvisc aVmd to by the parties. 710o daarim shaft be issued within 60 days of 1L Si&V RASllf rrx CLAUSE Ifany portion oftbis AGREEMENT is dccbmd invalid,or uaomstibsdowl by a Court of --PddeJ n,such porfion shaft be demrod a separate,dry rad eadgratdeat puwisim amd sude holding shag not aHbd the vafid'dy of the aemah2iag podiaos of this AGR�}T-. 7Q SIGNATURES OF PAR'ISES TO AGREEM[ENr 'n-it'—vrher nl;this AGREfiMM"is awcaWd by tho aWoied P ivp of flea COUNTY,QTY,DIST RICH.and MRl'RO.Tho paatiw,by their-res e's to this AGREEMENT.si nify that each has read the AGR) , nndcrAauds ds terms,and agrees to be bound demby_ i 1 _ 1 1 T-gprdUibm Savke Agri Norrmber*2002 P+Ba6 'e naso` A�c�ea as to Fobs . Br� V' • T's�+dUaGias$e3iioeAge®eat . . Z'bRi�fOC'I6j',?AOZ Face? IUAI&TM VALLEY Fzm AND RESCUE DESIRICT cis.Bona of n Appmved as to Fcc= - ff counsel -4,01 j j - 25gudZh6mSe�ioeAgeemcn[ - �201f1 mss. . 1UAIAXIM ER S PA/RKAND RUCREAMOM bISmcr OfDl[OCbOIS '��3�rv.SLY�y1D T�O� lasLitt�I -s L _ C - ' J - PS�9. Date(ijlb-�eZ Appnvvoa as Lu.Fa.m: Wvr=bcr14 zaar PVC to MFa WAI]atsl�[LVICES BooA cEDkoctas Dao` Appmwed as 6o Famr - Dxtrict Coeosd mss rr, a.�q e _ . _ r �'S�1��bP4$G'Yi0GA8gp�_ OK - - i`ow 11 �nwwrrxnrstxicr App►�ovoa�wFa� - Br- - lyisb:a cAmmsa C . ' Ti�ndzT<baaSarix - _ `rTa'5��24.200t' "FUA[AMH VAIIIsY WAZF1t DInWCP $r Daft Richard P: Bunce Appwvtdd as/o�Fam= Diy�i4t�a�esd Clerk Balfour Ti�cdUcbi�Savioel►p�c®r Norcwber2k2OOI _P Im WASH04G o N COUNTY mr; .- f2-l9'022 TamBaaq t DAM Board OCCANSIMiSSiOMM APPROVEQ WASHINGTON COUMs Approved as to FO/m: HOARD OF OC?MWSSIOI xas .. �Y %4[NXM ORDER If CaYiy Goau9el DATE t i I - f _ 151pndIId�'S'e:vio�A� Novesebrl2Cti]AOZ YAgp 14... bWTRO DaftI - .N,ovedasilo pbow PJMu YROVMONS OFA FOR FOR MOTEMON AND PUBLIC EM OMCRMCY SMVICBS' TUAL&-M VAILLYFM tE AND RESCM D151RICr.CnVaod COUNTY-291= I. ThattheTUAlA-MVALLEYFWEAND RESCUE DLS'IRcCrCNF1)uand shan candrimtobetbesole ptuvidecafEam pwwctioaWmioesoa8re'rwwdMbamSavioaArca ((USA)sbown m Map A_ Z. l&5 Q'1Y8w CDUm-y3IC 30d s1L1d OOWIDIY.t41 pI091& respoose secvrrs tO theTi)_SA 3. Mut TVFR is and shall mNimae to be am sole provider ofall other public cmagc u y sere to the T1TSA,cxduding law aufosocmwt scmias- 1 15�d UdpiscSavioe Ayt�rend Noveo#retZ6y2002. . �srrs PROWSIOM OF AGR.FAXU 1T FOR PUBLIC TRANSIT gntVICE TRI—I;QTY;OOUM YaW hGMtO agry L Tbat1RI-IWrpUdv2otto0"(7+a r267,is=wnzAdyawsdepmvidarofpoWicmaw t;aasit to the Tigard LjrbaaScvioe A=ea c")w dmwq an Map A_ FuWw opt far pUb is now tnensit saviccs m the T(7SA a�y;iockcdo publidpiinaCc par u xAips to otovwraaoc oe�rrhaasrtsavioe,(S Xcpaat dtraitsavic�,=dtansksnriaakyamormagicpubbe alp Tt�allorpartioEdmarea_ 2 1batTRl abaII wadcw0>;ffie COUNT r MY.and A4ETRO to pmvl*cWwim&and cmc ivopobrwniasitrmaiEseivioesinUic E - - 1 - _ Tip¢vlikbaaSavioe - Iiovembrr26y 7002 Par 17 EXH[B1T C FR6v=oNS OF AGREEbuwr FOR LAW ENmRcEma VT COXJNTYamdC] Yagree t_ Tbat as Miens occur widdu the TtgEard Urban Service Arca shown on Map A�the CITY writ asmmc law an63roem-cut men icci add the arra wM be wghdraan fmm the Enhance( Shcedrs f6twl bistrict The Sheriff's Office writ continue jo provide jawcnEoccancut savices iden66ed through the Cagan Iaw F.ofonocincrt Ytujcdaad those services mandated Lyslata": Y,ffic P.pbanoed Shaili's patrol D*&Ict,000siSteat'wAh its conditions of iormstAq will be crunimmiedw.Leaas.m mdousonaaormW-widebasisreadyapointwhae the Smdioa oEYhe M-rict is no imgtre0000m i-d2y fie- 2_ Matovertimoaspnnexatioosooauwplhintbendmauniacaporatedare2t ampnmacytocos of&Sheriff's 9ffico wffi be to provide pwgrams thatam eaudy�w in maWrc or serve the nae!areas of ibe COUNTY_ T7ro Shams office widfoomtiaoeto maidaia neoded service kvelsaodpra®eamstoeas,uothePmperSmaiaoiogofthejusowsystemin thoCOUNTY_ The mmdra Owkm writ-h-cone.to provide—aifible aid to sauft.cities(eg;t3an� and Nadh plains)foe services specified in the COUNTY'S auttval aid agreeme t with those cities upon their regMst..TM.Sheriirs Office writ also ewuider mWcsm to pmvide taw eufoieemart services to cities on a coutractal basis eous stwt withthe COUNIY's'law adorn®ems oantractinS policy. 3. TbaI dw CUUN1Y.au d-Crfyand other Waa ogtoo'Cmm ci i,%through ibe Cogan Law Eafpivarca[project shalt detcrumhe the uffirawe S®oetioms offt Sheriff's Ofoo that arc not maodatOd by state l avv_- 4- That the COUNTY and CITY shall uhTze eongsarable measure ofstaffimg that accuratay depid the kvrl ofservroe being provi<!ed tq ofall lova!jurisd�dions in the COUNTY_ i 7 Tigard piboa Serioe/lgreraacat: ' 1z6.?ppZ Iygc 18 STT D P1tOVMONS OFAGRVBMFAT FOR PARES,RLtCRBAWONAND OPEN SPACE / C rry TUALs11WHUJS PARK AND RECREATION DISTRICT ARD),COi y andMETRO agrees 1. 7batthe CITXshagbethe desibpatcdproviderofpalsrec cation-andopeu spaces,5crWcesto theTiandU+basSeivimAma,(rUWsbownmMapA AidalPmv,sianoftE�ses� _bythearrytulandswvhmtbOTMAisdVa imtW—landsbwig' totLoC1Ty. WifiinthezM�c ggParisLaeslImpcovemmitDisfriU(Y1D�tLtt�1Yvv llacaj� provider Orservices-z`p6e(x[Y and Tw%D,h046.e,may abo eaoe*id*inter "Icaftal Exthe provision ofPak rosea tion and open since services to resiacaft VjWn each other'b000da=ies,swh as the joint um offaaWgt'es or Programs- This provision does not PrO� m+eadmauLs ad thisAGRI�TTouoomimgliovcP�Smanand �t�r>as neap 6e'pnovido �m'the TUSA - � °pcm 27LatthoCllYaoddie COUNWshoald-fudium eaunmethefeasihikyof8 ruacatim &shict for thclY7SA. park and - 3- -Thatstaodards forp'ad�t �d oFQ►spaccsavicxs wi8,in tfw lUSA w,7i tie as dm mbed in the CTIY'S pmk plae- 4. That the CtTYand COUNTyaae sapportivo Of the omoc9c ofa parksd—msyst�u as a method foe the 5r4no a-P lb-and dovdopmcat ofparks Lands in tiro TUSAthat atioutside of the C1Ty_Ile CF Y agd COUNTY agme,to s6dythe feasibElky of a dopting suchasystaensdevdopm cdm,�SurlawlsoutsideoftheCny_ 5- That at the ned update:of its.padcs mad-Plan,the Cn Y shag address all the lands vrAM dee TUSA 6 712tthe 1lletzpier Parr LID shalt remain as a apooial PmPose lPmvidp f+or as long as a fPmpc'tYovroeas WW=theFAD wish tocoo imretopayannuallevies forth. oP �a a�maims of Metrger Pads The CRyand COUNTY also agree to the o con n offluMdzgw Pa*Advisory Board- tkwcvrr,the COUNTY as administrator otthOLID nzary Ooh and noaintzaancc services to auk provider if that opbim Prones t7 be ante eSroad and cost cfficbm MUS optionwouid be Presented and end with the P---k AdvwmY Board before the COUNTY makes a deamcwx oftbe Melzgat Pads IM sbaU not kuperL.lxuvition scarcationofparl¢,and eveatoatly services;to the Mgrr Pack - ' blether Pact J�a�fe ire�mzdaed as p,ova drtitheonat level ofd" - uckAborhood above and beyond that provided by the CITY. TardUd"SemiceApcem i bro.esher26 201/2 P+&e 19 i a. �ma CrrYaod col>rri�r..al ceonrna6e witia a�aan w:nvrsti�ame saQ�� ao . andaoam®a000atofparlswhich serveaxcgk alfnoctim 9_ TWA Mum way own aod6cdnproviderafacg�gn�videpadkm ffo catiodaodopeaaapaco S�n76es vi�athe Ti1SA Mdm Gieem$paoe'md Pads S�oWdtw Y axc to save a baoaderpoPal—bornedLans-vicespaovidodbaesidamsofooTQSAbyate crm_ Wk. appLeabiq the CITY,COMM,and METRO win a spim to coaadnate maa�emeaa and faS! ' dcvem lop °at, suvkwt i i i mmmdue—Seatlea ftnevatat. . Noaaoba'Z6s2002 . Pale 20 i r SITE PROVISIONS OY ACREEMM(r FOR ROADS AND STRRBI'S CITY aiod COUN Y agroc: L B4Stin4Caaditibms aqd Agremruns A_ Tk COUNTY shall continue to retain jurisTIe im over the netwodc of arterials and COM jcW ear the l*atd Urban Service Arca(TUBA)thatam ou dm UNTY-wide roadway system in the Washington County Tvarspofftatiuo Plan?The C ITY y fnopuhiie streets,kmd strecls6 mood routes and coBCctass and otter shuts and roads that are not part oftho COUNTY-,wide,road weer vectis its boundaries upon aoneotion iftbe street or road meets 6e agreed upon standards deseribe d is Section 2-C.(2)below. The COUNTY and CITY agrecto continue sbararg C9MipMCMt and sezviaes with rmcvxd emphasis an tracking of traded services and sbaring of equipment widsont resorting to a bdbag system,and improved sd-tiding oEzerwecs_ Additionally,the COUNTS.-and CIIY shall worse to improve coordination betwcm the ymis&rfoos so that the sharing of cgwPaleot and services is shot dependent an speafic inlivaiaals withni each junsdichan. The COUNTY and CITY shaR also wo&to establish a mono uniform acrountrug system to track the sharing and provision ofsmvk=_ C Upon arose7otiga to the CITY,the annexed area sbaH b4 auto hly Votbdrzwn f om tho Urban Road Maentepance District D. Upon aanoration to the My.an amraced area chat is part offfio Washington,County -Service District For Street I.ightimg Na I shall be wtamatica>lyvvieadrawn from lho - Dishfct TireCITYdon assume respromb ltyforstreetlgotwgonthecff=ftvc date of amcration afpablie sheds and COUNTY shbetc and roads dbat Nils be tramkgred tag= c ny The COUNTY shall inform PGE whin that iso cbanl9t m road jacisdiction or vthan a+mocatim ocans and the aun6wd arca is district no toogrr a part oftiye shoes . 1 _ 2- Road Tiaasfiws Transfer ef jurisdiction may be initiated b9 a tam y=nm the(Irri cc the COIlNTSt_ t A. Rami b= fees Shall induce the cab=rigbt-of way(G8-,a L ay cannot be set doom the middle ofa road)and Proceed in a iogrcal manure that pwvcgb the statim of _ segments of COUNTY roads within,die CTTY'S boundaries- TK+rfl ihtWm Savice/l�-0t I 26 2M2 Pace 2I 8 Ruthindhuty days ofsaoe bop.the City wM indmat.the pw=s to traysfier jnrisdidion of COUNTY and public stsats and roads within The annexed area,including local streets, ardghbodrood nndcs,collectors and other roads that are not ofoounty_wide s+ Cc The t:ansfir of roads should calor no more than one year$em the:c0ective date of C- 1Le COUNTY_ (1)To faa7itate the road transfer process,the COUNTY will prepare the c2d ibits that doauneot the locabonand condom ofsheats to be hans&rmd upon c,,.Pt of-. tcaasfer request Som the Cf1Y. (�P W Sw[bransfier,the COUNTY- (2)Sha eaarpletea ymaintenance orimprovermatProjects Out have baaplanned for tba—fiscal year ortuxasEm funds for sameto the CITY_ (b)Shall p+wide the CITY with any information it may have about any-ndghbprlwod or other roan—$about streets or other traffic issmes within The annc wd area, TMs—ay ba done by ptwidrtg copies cfC0 UM Ypeujac files oc«(rr docymen s o AImugh joint meetings of CTTY and CAUNTYataffmcmbcs. (c)Shag wale needed roadway¢repro lccc eats so that an inrfividaal roads orstreets wiwiatire area.to be anaooed have a pavweat condition indrac(PC1)of'uwre than 40 and so that the average Pa ofstroets and roads intlzc_annexed area is 7s or higher.As in alternative to COUNW-made i apcocemrnts,ffie COUNTY may FAY the Cfl'Y'S costs to make the:necessary kWrovemcuts. (d)Shan i tromt the CITY ofeaashog maintaranoc aS" J tical 1jmpcovcnxe t Districts established for road maj utcoacre purposes,and of plans for nice oftiausfured mads.The COUNTY shall withicaw the aMa-d tca-r-y from any road»taiamance des fo®cd by the COUNTY - D_ The CIf -. (1)Agrees to accept 2U COUNTY mads and streets as dm&wd by ORS 368,00t(I)ad all pabTic roads wWrin the amerced area that are red of camty rri&Siguificanoe or are meat adadified in the COUNTY'S Transpotaum Plan as part of the comfy-IA&road system provided the average PC[of all COUNTY andpabhc roads and streets that the CITY is to accept in the annexed area 3s 75 or higher as defined by the COMTI-V S t?a cranagem�rtsysTraoe lfanywAUV fmlCGUN3Yorputb&oshe..torracd th2t the My is to accept witbia the area has an averag c PQ oE40 a less atthe time of tmneaabon,the-CITY Shall asA meinusdidiea ofdw road or stred only after the COUNTY has couTi-d with Serum 2.C.(2)ofthis cd biL (2)Shap,in the event the transfer of mads does not occur soon after aaarsation,inform" theumw(Y au=wd residues ofthis fact and descro vvim and under what emdmous Tigan)Uabaa Sravicc Av=wcut li'ovember 26s 2002 Patp22 do trxmsfi:r WN ocatrand how arab WM be ptovidod mta the transfer is commam R Tho.MYshsgbcrcvonSR&jR thecptatioo;maxamanom audoougmaboaaFinads and sbuts&ansfmcd to&a CITY as wcH as pobfic atrods aonc=d into the crrX. em read ahodues don be np&cabb to u=s&tmd and anomwd shoers_ ibe c[TY sbaH also "be r=pmsg)h Sm the=maucc ofaccess permits add other permits to*work within tbo - right-of-vvay�uwsesuars- - - - 3. Road Dc=VxStmdards and Inview Pr000&tres and Storm Drawasc The CM(and C OUN1Y slraA agree on: A -A. The dri and comity urban road staff s and Clcan Waur Ser om=standards that willbeapp6rablelubeeaas4urion.efnew.shuisand toads dadfari c,cm=a:sto costing ahcKs and roads that cvwdrally am to be transtarod to the MY.md.sh=ft and roads to be tsaassurod from dw M-V to tbr.COUM Y; B. mm 4evr]opmmt,m;vvv.ptoo=and derelapme mvkw standuas fac COUNTY and pobSeaheebamdroadswit>ffittikTi)SA,mdodiogCOUNiYshzdsaad'iva and pabfie ssaetdstbatwW bccome C[rY streds,'aod sheets and roads dmt am or vvrll beooma pari ofthe C.OUMY-wido road sysfc�dad C.*_ Mary arxpottstbr7ityfortbo stoma drawaV en COUMY steeds and mads vaftn _ tlte-TUSAircwW=latiaawr&(lean water Swvioes. 4- 1�+�dewofDcHdopm�tApp5rr6oasaadPlanAmiea s A Tb COUaY2MCaY,iaaaopt kcbmvnihoa,=WadhmoonCoa.Ayczteesandtbe Orcgoa Dqacom*6'ofZl-sporftfio 'CODO I),shall agree as a prooess(es)a-d revues -U,E--(e-g.,types and tevch ofunatwb)in analytic dna—&6-devcxoj— appTeeaOions and plea amcn&mrrds foe iwQ to COUNTY and state mads_ B_ 'the:eview pruccss(es�rt vtev►caibrria,and criocaa to 000dition dcvr7apeoent aadptan amenioaent appUcaft s Stan be ooasisteatw&tho Orsgwa nshwayPlms the Reg--i Z}mnpvitaHon Swkm4fFan,CJOUNTY and OW Timspowtafion Plass and TWc 6 of ;tvdfrio S UrbrarPAW " s doe coopaaticn - - - •, - - A TheC*UNTYaddt,[ra;iscaajaactmw :x ODM.AMc«x=m&wdmiapamanUrimn R;,oaa M�q�t�oe AEreemrai vein tLe 1515!►aria Sir IItic Igoe yF t:oL7N-.Y� CIIY,add staao Acaibes;sueit as aeparaaely owned soaims oEartecia[streets and to v%Vlmnaut d-1934l.eagtac of Orce-C=rew Poficy reg-&og traffic b&ts. ��aths�sK::aegio�e� . xo; 242M zfto23 A- The COUNTY and C[IY,in 000jwnetien vntb otba Wasbae�ian � sbaQ de►clop a set cfam�r z -of-way m lauds and icvcls cf—Wily to be nmdmpasartuweafsexviccsprovided-mdat5e—a- ofsevicsa grcewcat -dmanbad above ia5.JL C ThE COUNTY may aawhad wi,b t6c QCY faribcmam6maaoo Of COU6 WAmets and wads within tie 1WA an agreed upon biibgg system. D. The COUNTY,C[IY and ODOT.in co*nwtrm with ad—W .may win study apportica for oo-long ma�ndmanoe Scaitics, . Witbmoaeymroft6erffi:ro6iwedaftofddsAGRE EtLeCI1YandCOi1NfYagweeto develop a 3d adde that desm&=when the proviviws oftho cdubit sball be imgidmmtad: f e - - i — i . Twdard tkbm sen;ee:llge�t r»ic FxHmrT'F l'ROVLSIONS OFAGREnO NT FORSANITA1tY$EWER .AND STORM WATER MANAOE&UM CLF"WATTR SPALVICES,(CWS),CITY and COUNTY ages 1. As a eouoty scrvicw&strict armed n,nder ORS 451,CWS has the legal audwaity for tLe sauituy seaagc and storm watrr(s weeter)r Wfi m the CTIY and tht urban imiooa�porated arca_ CWS develops standadv and wodc per$,is me> hohlei,sail op Aft ilk sewage ft—Dent plants. 2. The C W performs a portion ofdoe local saadary sewer and storm water managcn p programs as deleted in the opera huog careen--between,the C11Y m d CWS. This ag ro t shall banded m as as-needed basis by a to the agreement. 3. At the time of this AGREEv ,the faonovvmg are specific illus that the parties have addressed as part oftlds process and agree to resolve fluoogh changes to emmeot: A. Rebabilitaoian of Sewer Kaes with Basins Idem with Iligb hear].of InSLrrtion and B- For lig drat are cost:-eRnctiveto do rdubilkataao,CWS and the MY will consider cosh sbarmg regurdless of lige size undora f4noeda and using fund soaves to be agreed on between Cn Y and CWS.The cost-sham is to be dd=miaed duough specific pv*a iotag�ortmweatal -Folbvviog iLe evalnaZim of program fnndiog mesbods, CWS,is 000peratio a with the CITY,will demenni oe the long-team dimdmg for i[,&I and odker rebabr7rtation projecfs_ - 1 C. CWS,with assistz%ofrom om the C[IY and other to deftinc wbcdcr they am adequate;to w-a—gton Coady cities,shall Undertake over costs,md�+ of �rebabilimtiof sewer lines study shall consider sewer lice ddaiwatim and related reaudenaooeand repair issmcs i 4. Malta and WatersLad Phmnuogr i i A- PrimaryrespousilbilrtYfarmastsandwateisbcdplanningwinremainwith CWS.but the CII'Y wig be pmw tad to conduct sorb planoirg as long as those plans meet CWS t standar&.(AHS and the Cr[Y shall we-9farm standar; --h as modeling, to caodua these studies CWS and the C"y shall 406eminc their ittspoctive oast-sbarmg respom ityfo-coodoa-gtheseandres. Tigard U;ban Service Agmement Wavemba2{y 2002 " Pabers . IL CWS and the Crit,in 000jmrdim wehodl-Wasbkston cowdy eftics-usim a. - City/Distriit C000�thx establishedby CW$.shall develop noitaxen proopdura fbr-the mat 6-b wsoashod—ck-xbbdwoanCWS,theCn-Yandotterchwalew doba S_ SadtuY Sewer Systems Devil pwcut Ch, CWS std the cny-ia w th atlrzvi/a m.W—c_.,y ciacs,shall use the tesolrs efde CWS CaVeyaaoo Systan MaoM=M&Study—uPdat--1 for options Ew cdlxtim ad espeo&Wm of SDC funds to addass oarraet&paripp bgwcmv&=Studs aac'odtocWd and wLae seeds ace fiar'projocss basad m an aga�oii.tlpon Ct7'Y/�CVf�S mats p]a� -, e- Stormwat�,'i� systearDcveloptmot(� A .CWSandthyCILYshallascUssresdtsaEthc.CWSSmfaxWeser rum UpdateProjx[.toaddressallaspectsoexommvrjtwsodpo,Pro'smo[e &mctioato-CWS:And the CW B- Wateashed plsns bang Pied by CWS.for storm waft shad address the majorodSectionsystemaswettas}Le.opensha�elsyst todcotitypt'aScotsfor CWS,a wopaationwith the CrI'Yaud othz Wastimgtm C udycities.dun osc the rem ofinecWSConve9a�esysteaatStaay.for�octv.aesdveis�ralatoato riles oftba DLS TRIC'r and the cities wioraw to provide mwa.. , .l.fie - HwvawbiiYsew2rj6 Pjwo26 FRiftIBIT G PStOVMOM OFACAFZB=Prr FORWATIMSERVICE TTIAIAT IN VALIBY WATER.DLSTRICI'a V WDj T>"('rARD WATIIt DLSTRICr(17girp), Ct[Yad COONlYagrae: SPWY= A- SvvplY gme+affY.vnK not n°pad scvice burro bdei &M that a soarers all the water m thebd> of shady area and tLc aum6ar of ierooa and arc eneommeedto cou6nm in d t Sumc. B_ C supply t maybe addressed ffirong tb" 1 Wat. _ masGmt ie aad Pratecable for wA,,Pi s�Wa. Q and omit as� na*&di;A and to hi f6e C pig .d+s�rog and addnsi;og�PPIY� tb"atrni rra a acrve as a fnr�to mss a�resd y issues to Coosor4�mt is aca PiSole Ser waterp m Wain rnote'etficieat appropriateaumtobringeieckth doWWWrtag" aandScor Y The mag rcbdoos6ips as water supply and coose:vaom issues.prO Og D_ i a8raanartssballaddress of _ � rwbdbtzfortLepurposo >c y5omooc " site Of the use,m the cax ofa boimdar3.draago 0-at its. - 2 Ma;R cua --_t--ba - A- TV WD TWD and the CITY do not antiCip ft arty",eats in the gbh:fiKure oat YOEIhmwatwp,rovjd=i.thc,fM_A arteplaaaoeotbcy thofi=miareach of Povi&mg tC financialrevemre sttram provider will�e to be respoos%(e fin reserves to mxt forts"eal major�io r+�s rates and chafems and to amine adal+raLe BoffC,and oo agree to mmiup;n and iatbr Cwpaa aud �rdcm. y m order to share and exd>aoge C To the ad"ut acase nabte and Practinblt,TV".TWD and the CIiY 1 �viecwreaa @ee vrhanviccs to S>hrd Urbm Suvoe Ag,*mct _ No,eiaber 34y� - Pftc 2/ D. TV".IWDand MYmg—topmvidct000eanotiacopies oEashpRtsoFieustiug and new 6c7ties and oder types ofvvater sysOcm Daps for thapatpmm of 6aLdti`lg pLummuM eatomecrapS aud domSm ofd4or oc shacatlea that may maned,bactsod ecbc bwk in pcvm*ni yto Crrjr faal'ttiem Mw cn *avx=to 4,., 4 acaee aec4oOg idoibCMS a0ppumsyskmofoh7 mud other faadties_TVVD,'IWDand MY agooeto develop and maintain at eammots en-ga'nig,up to date CM Mappngsya0eoa AOMWfacildmsofeathvalet prwlderwidmthe TUS& - 3- CesbcorrSavicdWatwpag _ A Price ofsnpply and baled wM East hl ayloive&C.gt on raps_ B. TVMWJWD;and the MY bdkm that rates ate ogndable wltLlritho 1Z1SA C. Givena tcwatapc le.yevelan3goalityafaavloeshnu7dpdEvarpa t(Y 3eioog ffielealtwat-P-vid—intheTUSAaacldoesnotappear- 6oasi mo6ormgyt_ - wstamets: - a_ -Wrb&=mVAmc.,tiou/tt[ A N Soatiau l oedfis AgRHE[d@7l Riles aa�I oaahiTities,grcaistnag - .: aoDue:alwos mzy irad: o oho msavioc=- 1 ,a .Moth pm'to nyselvlx:?mab9 daiy8haltcaoplywit$ IuITvTRfDCode O .andlxovaioa;:idao<i5odwade- SrrctimTv Ifnexuay.d.- MAtto-BomdmnYwPtodspMcess shall beemployedtiozcs13vo� bctseea'paztiesas �y�e-TWVD;TWD.andffieCtl'Yal�aaotimlgtowoc�tioge�i'a•to _ bamdacies as appianiiatetitioapmve itie cpstrpiess and oyofpmyiding aavicy B. lfnthccvrnttbattitiemicesavtcealea'b£ffiyDLSTRICl'isaaaocedatLefuWtythat . dstria AA be&-dvc+d.No aftcw d itl be mado to maiataiu.tilc&str t by delaying aonemtibnofatdaeapoctimOC&;mid(eg-,filedisfti OMM). C. Vo ands of T WD know.a.tbe'MetZ6ri service area_ ban lrM2M in TWD, eac ept fi—Portions agreed mby.both TVWDand CITYthat assaybevddtdtawnfil=TVWD 4mannexationtotheCITY: blem haogy TVWDwwsutteeCnyjauoiagasa putnrr oma lama Water Comooissiam - i D. Pmvidets that prop=a mengger,an amamiicn or dissolntian shall gave aQ plovidas in the study arca as opportunity W ultiura- the decision as villi as pbh for the i conscgne"m Now OfftPat es waives Its r4dtocontest a>ffijocormumprbomutaly, t d—gr by any of the a@rrpalties an the is==oftbe apptopoate service plavider.Cor the ambyeb—ad-ychangeea°O when the pattyIwsc Y ed that rWit as to a dosmdbod=vvioe area in an agw=. cat c=cutcd subsequent to this age wp�ad462IIiTKadUSAVFmlAIIcoetlt••��,••_- . TigadUabaa Savioe Aamment - Natember2�,21p2 Page 28 71, -41 XFfftv. ■ Vin Lk W. tj I � .� FF s ■ I�r1 - r r .� ■ r�,-i....��f�-.Itf1�1��1 �II�S'li�j� -=a�� s� �i / !,��rtr^'-i�V' � - m v W N �' Q � z � Z } ami N } W m m rn Q } ao d y y 0 •C 4) c `� 43 >m z a `. ori v z m (1) CL CL U) N rn Z 3 m o o @ ai � M m 00) I� >- Z oo d >- m co N ul U) oci N z((0 Z m ca V O m Q) R o f } OO } N .3 LC.0c0 W ® ca co m Z CD to a oi i v M ov > m ('ya W !� m z z C-5. ami co O o r ti o 403 >-CO d m ago cn •n o M } c-) aO N Z N r ' N ocn ca w co CO 0 z > z co o <^ z N CO Q go V) to o y co N o Z >Tm m O O �. m C-4 oq N _ } } p) Z } N ti N } b- w O EL f) .ate- y m m o c to (o (E N • C �. ._. i O m ma m>®ate m c acv) >� m a? Co O R mm®»m�Q n o4) m o cy mo m a E cv mwgc�s g ��v c o)(o.) �ccv 3 m y � tT 3 1 vm o o � 'n :n soca m w o m.. oc my 175 _ y L y m m 8 z3 c o d m C (° m m Q O m-O c v r a0+ `> (ncom ooVoo� E � o m m mCO� tT > > Ym � . '- :� ca rnmv o � � C7y m y` Ka m V _ x N ocmg8 m m m m a-CDC- o R o CD OL cm.-'p m p m m �cn.�mc U m N C m Ca r0 m� m (O C�.pb. -a FA O U c o y its g o$o o x x o in �? �c m c o o w ++ m o Co c.° i' 0 1° co c _�x 3 = C 3'V C.o �E o 3 to V V C y-a Rin �•y O N !0 my c (a zt- o o v F m m� m a m o.o' ' (p O m m C i �'7 V R > (Co `—).(n V C3 xm !, m " U N o£$ o a c 20.s Z o c v v v. m •• W I.- Q= ami v 7w:a c D �it CLU- io (mnNa�tuQ_0 co 03. oIo- APPENDIX F ROADS THAT AUTOMATICALLYCOME UNDER THE CITY'S JURISIDICTION WITH THE BULL MOUNTAIN ANNEXATION 1. SW.AUTUMNVIEW ST. 2. SW.TURNAGAIN DR. 3. SW.122ND AVE.OFF BEEF BEND RD, 4. SW.THORNWOOD DR 5_ SW.ASPEN RIDGE DR. 6. SW.WINTERVIEW DR. 7. SW.TERRAVIEW SR. 8_ SW.SUMMERVIEW DR. 9_ SW.SUMMERVIEW CT. 10. SW SUMMERVIEW ST. 11. SW.133RD AVE. 12. SW.EAGLES VIEW LN. 13. SW 141ST AVE(WOODHUE TO EAGLES VIEW) 14. SW WOODHUE ST. 15. SW.COLYER WAY 16. SW VIEWPOINT CT. 17. SW TEWKESBURY DR 18. SW 144T4 TERRACE 19. SW 145TH TERRACE 20. SW.144TH PL. 21. SW.141ST AVE.(NORTH OF BULLMT.RD.) 22. SW.144TH AVE.(NORTH OF BULL MT.RD.) 23. SW.HIGH TOR DR. 24. SW SUNRISE LN. 25. SW.153'AVE. 26. SW.148TH TERRACE 27. SW SOPHIA LN. 28. SW.BURGUNDY ST. 29. SW.JULIET TERRACE 30. SW.RASK TERRACE 31. SW.DEKALB ST. 32. SW.POLLARD LN. 33. SW 161ST AVE(SOUTH OF BULL MT_RD.) 34. SW.COOPER LN. 35. SW.BRAY LN. 36. SW.KESSLER LN. ! 37. SW.HAZELTINE LN. 38. SW.164TH AVE. 39. SW.WOOD PL_ 40. SW.COLONY PL. 41. SW. I62ND AVE 42. SW.PALERMO IN. Appendix F-Page 1 43. SW.FLORENTINE AVE. 44. SW.TUSCANY ST. 45, SW.MILAN ST. 46. SW.LORENZO LN. 47. SW VENEZIA TERRACE 48. SW 163RD PL. 49. SW.STAAHL DR. 50. SW CATTAIL CT. 51. SW.LEEDING LN. 52. SW.SNAPDRAGON LN. 53. SW ROSHAK RD. 54. SW.DEWBERRY LN. 55. SW CROMWELL CT. 56. SW.KERRINS CT. 57. SW.GEARIN CT. 58. SW.HOOPS CT. 59. SW.DAHLIA CT. 60. SW.153RD TERRACE 61. SW.MENLOR LN. 62. SW.MAYVIEW WAY 63. SW.152ND TERRACE 64. SW.KAMERON WAY 65. SW.BRIANNE WAY 66. SW.CATALINA DR. 67. SW 148TH AVE. 68. SW.RHUS CT. 69. SW 145TH TERRACE 70. SW PEACHTREE DR, 71. SW FIRTREE DR. 72. SW ROUNDTREE DR. 73. SW FERN ST. z 7 J J Appendix F—Page 2 APPENDIX F ROADS THAT WILL NEED TO BE TRANSFERRED FROM WASHINGTON COUNTY TO THE CITY OF TIGARD 1. SW 11 9TH AVE CR 2131 2. SW BULL MOUNTAIN RD. CR 147 /2 3. SW ASHLEY DR. CR 2786&CR 2858 4. SW CHARLSTON LN. CR 2876 5. SW SCARLET DR. CR 2786&CR 2711 6. SW PEAC14TREF.DR. CR 2786,CR 2858,&CR 2711 7. SW CAROLINA CT. CR 2786 8. SW RHETT CT. CR 2786 9. SW 136T11 PLACE CR 2786 10.SW 137TH PLACE CR 2786 11.SW 139TH AVE. CR 2831 12_SW 141ST AVE. CR 2011,CR 2689&CR 2209 13.SW 144TH AVE. CR 2207 14.SW TEWKESBURY DR. CR 2820 15.SW WINDHAM TERRACE CR 2820 16.SW HAMPSHIRE TERRACE CR 2820 17.SW BARRINGTON TERRACE CR 2820 18.SW GLASTONBURY LN. CR2820 19.SW AYNSLEY WAY CR 2820 20.SW WESTMINSTER DR. CR 2820 &CR 2766 21.SW CHESTERFIELD LN. CR 2766 &CR 2720 22.SW BARRINGTON PLACE CR 2766 23.SW CHARDONNAY AVE CR 2700 24.SW MOET CT. CR 2700 25.SW KNOT CT. CR 2700 26.SW 144TH AVE. CR 2700 27.SW CABERNET CT. CR 2700 28.SW 148TH PLACE CR 2947 29.SW CRESTRIDGE CT. CR 2927 30.SW 150TH AVE CR 378 31.SW GRANDVIEW LN CR 2867 32.SW 147TH TERRACE CR 2867 33.SW PEAK CT. CR 2867 34.SW 152ND PLACE CR 2475 35.SW BURGUNDY ST. CR 2826 36.SW 154TH TERRACE CR 2826 37.SW CABERNET DR. CR 2826 i 38.SW WOODHUE ST CR 2871 &CR 2803 39.SW SHOVE DR. CR 2871 &CR 2720 40.SW 147TH AVE. CR 2871 &CR 2720 41.SW HAWK RIDGE RD. CR 2295 42.SW CHARDONAY AVE. CR 2926 Appendix F-Page 3 43.SW 149TH PLACE CR 2803 44.SW 146TH AVE. CR 2720 45.SW ROSARIE LN. CR 2716 46.SW ROSHAK RD. CR 147%: 47. CR 821 48.SW COLONY DR. CR 2101 &CR 2252 49.SW COLONY PLACE CR 2101&CR 2252 50.SW 161 STAVE CR 2101&CR 2252 51.SW COLONY CT. CR 2101 52.SW 157TH PLACE CR 2538 53.SW BAKER LN. CR 2538 54.SW 158TH TERRACE CR 2538 55.SW BULL MOUNTAIN RD. CR 262 56.SW PALERMO LN. CR 3070 57.SW MILAN LN. CR 3070 58.SW 159TH TERRACE CR 3070 &CR 2961 59.SW TUSCANY ST. CR 3070 60.SW 162ND TERRACE CR 3070 61.SW PALMERO LN. CR 3070 62.SW UPLANDS DR. CR 3070 &CR 2961 63.SW ROSHAK RD. CR 3070 &CR 2891 64.SW SNAPDRAGON LN. CR 2961 65.SW BRISTLECONE WAY CR 2961 66.SW SUNDEW DR. CR 2961 67.SW 161ST PLACE CR 2917 68.SW TEAROSE WAY CR 2917 69.SW DEWBERRY LN. CR 2917 70.SW BULLRUSH LN CR 2917 &CR 2873 71.SW 160TH AVE CR 2917 72.SW ROCKROSE LN CR 2917 &CR 2900 73.SW WINTERGREEN ST. CR 2917, CR 2873 &CR 2948 74.SW YARROW WAY CR 2900 75.SW 154TH AVE. CR 2948 76.SW FIRTREE DR CR 2948 77.SW ROUNDTREE DR. CR 2948 78.SW O'NEIL COURT CR 2891 79.SW FERN ST. CR 3071 80.SW CREEKSHIRE DR. CR 3071 81.SW JENSHIRE LN. CR 3071 82.SW HORIZON BLVD. CR 3071 83.SW 147TH PLACE CR 3071 84.SW COLYER WAY CR 3074 85.SW TARLETON CT. CR 2711 86.SW ASHLEY CT. CR 2711 87.SW SCARLET PLACE CR 2711 88.SW GLASTONBURY LN. CR 2820 Appendix F-Page 4 89.SW 157TH AVE CR 2873 & CR 2900 90.SW LUKE LN. CR 2891 91.SW BECKY LAUNG CT. CR 2891 i 1 ' i i Appendix F—Page 5 Change in Service Levels Between County and City Appendix G For Services Where Provider and Service Changes Upon Annexation Police Washington County provides The City of Tigard would provide lies 1.0 officersl1000 people 1.5 officers/1000 people. There would be (.5 standard;.5 from Enhanced awinerease of Patrol).Response Titres:Average Response Times:Average response approximately response times to Priority 1 calls(4 times to Priority 1 calls(1 minute,36 .5 of6oenVIOW minutes.30 seconds)and Priority 2 seconds)and Priority 2 calls(3 calls(6 zl i#Wites,7 seconds). minutes,59 seconds). People (2002.data from Washington County (2002 data from Washington-County Consolidated Communications Consolidated Communications A peCalls for Service Database en Calls for Service Database Parks Washington County does not provide The Tigard Park Master Plan calts Yes Parks services. for 2 neighborhood parks and 1 The Ci ty community park in the Bull Mountain provides park area. The plan also calls fora siraU services. playground to be built adjacent to the Cache Nature Park. General Road Washington County through the The City's road maintenance .Yes' Maintenance Urban Road Maintenance District performs maintenance on regular Y&SCity General street maintenance by the schedules as well as on a complaint piovtr7es County is primarily on a complaint- driven basis.Typical maintenance additional road driven basis.Typical maintenance activities include: maintenance activities include: services_ pothole patching pothole patching grading graveled roads grading graveled roads cleaning drainage facilities cleaning drainage facilities street sweeping street sweeping mowing roadside grass and brush- i mowing roadside grass and brush (shoulder strip+ditch fine) (only.lhe shoulder strip) maintaining traffic signals - -maintaining traffic signals replacing damaged signs replacing damaged signs o installing and replacing street markings o crack searing vegetation removal for vision clearance . street right tree trimming for light 1 clearance . 1 dust abatement on raveled roads Lce9 Range Washington County.This includes City of Tigard.Annexation vnll atbw the Yes.Aruieicafion Planning comprehensive planning,such as master City to plan for growth on Bull Mountain mill allow the Oily plans-The 1983 IiuN Mountain with an updated comprehensive plan for to plan for growth Community Plan is the operative plan the entire community. Washington County has in place for the Miles Population Planners on Bull llMu oun(ain Plan Area. 11.5 sq,m. 44;070 4 comprehensive Miles population Planners (2002) plan for the entire 727 sq.m. 463,050 8.5 With annexation- community. (2002 estimate) 13.5 sq.m. 51,692 4 Exhibit B FINDINGS AND CONCLUSIONS REGARDING ANNEXATION OF BULL MOUNTAIN AREA TO CITY OF TIGARD BY ANNEXATION PLAN AREA PROPOSED FOR ANNEXATION 1. The area proposed for annexation,(the"Bull Mountain Area"),consists of approximately 1,376 acres of land west of and immediately adjacent to the Tigard city limits,including a few"islands"of unincorporated land surrounded by the City in close proximity to the rest of the area proposed for annexation. The Bull Mountain Area is generally bounded on the north by Barrows Road, on the east by Tigard City limits,on the south by Beef Bend Road,and on the west partially by 150th Avenue and near Roy Rogers Road.Map 1 on p.4 of The Bull Mountain Annexation Plan denotes the specific boundaries. 2. The Bull Mountain Area is outside the city limits of any city,but within the urban growth boundary. 3. Some of the Bull Mountain Area is currently undeveloped. Other portions are developed,primarily with single-family homes. About 7,600 people live in about 2,600 homes in the Bull Mountain Area. The total assessed value of the property in the Bull Mountain Area is$605,504,640. 4. Pursuant to an intergovernmental agreement between Washington County and the City of Tigard,City zoning designations have been adopted for the Bull Mountain Area. Those zones are the R-4.5 zone(low density residential,minimum lot size 7,500 square feet),R-7(medium density residential,minimum lot size 5,000 square feet),R-12 (medium density residential, minimum lot size 3,050 square feet)and R-25(medium- high density residential, minimum lot site 1,480 square feet). EXISTING PUBLIC SERVICES 5. The area currently receives some public services. Other public services are available to residents,but only by going to other areas,such as Tigard. i6. Public water,sewer,storm drainage,transportation(roads),police and fire protection services are all currently available within the Bull Mountain Area. Bull Mountain Area residents may make use of libraries in the Washington County system,but no library r branches are sited within the Bull Mountain Area. There are no parks within the Bull Mountain Area. Bull Mountain Area residents use libraries and parks in the City of � Tigard. ANNEXATION PLAN 7. The City of Tigard developed an annexation plan for the Bull Mountain Area,with the first version completed in November 2003. The original plan called for annexation in stages. Based on input from the Tigard City Council,the annexation plan was redrafted to provide for annexation of the entire Bull Mountain Area at one time,with the annexation to be effective July 1,2005. The revised plan was made av&ilable on July 12,2004. The Bull Mountain Annexation Plan was originally drafted to be an annexation plan as provided for in ORS Chapter 195,but the Council determined that it would proceed with the annexation under ORS Chapter 222. However,the Council did accept the annexation plan by resolution and establish the plan as applicable guidelines for the annexation of the area. Use of the plan is consistent with Goal 2 by providing a plan for a land use action. 8. An essential element of any annexation plan is the description of how public services are to be changed,if at all,but the annexation. The Annexation Plan groups urban services into three categories:(1)services that will remain unchanged and with the same service provider;(2)services that will remain the same,but with a different service provider;and (3)services that will be changed with a different service provider. In all cases,the changes in service resulting from annexation will result in a higher level of service. a. The services that will remain the same,with the same service provider are: i. Fire protection and emergency services(Tualatin Valley Fire and Rescue); ii. Mass transit(Tri-Met); iii. Building and development services—building permits and land-use application approvals(City of Tigard); iv. Schools(School District); V. Water(Technical change in from Tigard Water District to City of Tigard, but no actual change because City of Tigard currently is the actual service provider by IGA with Tigard Water District). b. The services that will remain the same,with a different provider are: L Sanitary sewer and storm drainage(Clean Water Services currently is legal service provider and provides actual services,effective January 1, 2005,City of Tigard will provide maintenance services by IGA with CWS, regardless of status of annexation); ii. Street light maintenance(currently Washington County,will be City of Tigard); iii. Road pavement quality(currently Washington County,will be City of Tigard)(County will be required to improve individual roads to bring up to standard before transferring roads to City). C. The services that will have a change in service with a new provider are: i i i. Parks and open space(No service by Washington County,City of Tigard i will provide parks) ii. Street maintenance other than pavement quality(Washington County is current provider,City will provide services after annexation,at height level as to mowing roadside grass and brush,dust abatement,vegetation removal,and shoulder maintenance); iii. Police(Washington County Enhanced Sheriff Patrol District to be replace 2 I s by City of Tigard Police. Tigard provides an additional.5 officers per 1,000 population); iv. Long range planning(Washington County has no ongoing long-range planning projects,City will provide updated comprehensive plan to include Bull Mountain Area,if annexed). COMPLIANCE WITH APPLICABLE STANDARDS 9. Annexation decisions must comply with numerous sets of standards. Applicable standards are provided by the statewide land use planning goals,Metro regulations,and the City's Comprehensive Plan and Community Development Code. ORS CHAPTER 222 THE FOLLOWING SETS OUT THE PRE-APPROVAL PROCEDURAL STANDARDS OF ORS CHAPTER 222 APPLICABLE TO A CITY-INITIATED ANNEXATION THAT IS SUBMITTED TO VOTERS BOTH WITHIN THE CiTY AND IN THE TERRITORY TO BE ANNEXED. 222.111(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 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. 10. The proposed annexation is being submitted to the electors of the territory proposed for annexation and to the electors of the city to be voted on at a general election. ORS 222.111(6) The proposal for annexation may be voted upon by the electors of the city and of the territory simultaneously or at different times not more than 12 months apart. 11. The proposal is being set for a simultaneous vote in the area to be annexed and in the city. ORS 222.111(3) The proposal for annexation may provide that,during each of not more than 10 full fiscal years beginning with the first fiscal year after the annexation takes effect, the rate of taxation for city purposes on property in the annexed territory shall be at a specified ratio of the highest rate of taxation applicable that year for city purposes to other property in the city. The proposal may provide for the ratio to increase from fiscal year according to a schedule of increase specified in the proposal;but in no case shall the proposal provide for a rate of taxation for city purposes in the annexed territory which will exceed the highest rate of taxation applicable that year for city purposes to other property in the city. If the annexation takes place on that basis of a proposal providing for taxation at a ration, the city may not tax property in the annexed territory at a rate other than the ration which the proposal authorizes for that fiscal year. 12. The proposal being submitted to the voters calls for a phase-in of property taxation over 3 three years. Taxation for the first fiscal year(FY 2005-06)will be at 50%of the rate of taxation in the rest of the City. Taxation for the second fiscal year(FY 2006-07)will be at 75%of the rate in the rest of the City. Taxation for the third and subsequent years shall beat 100%of the rate in the rest of the City. Phase-in of taxation at this rate will allow the City to continue to provide services in the City at existing levels and will allow the City to provide services in the area proposed for annexation as proposed in the annexation plan. ORS 222.991(7) Two or more proposals for annexation of territory maybe voted upon simultaneously;however,in the city each proposal shall be stated separately on the ballot, and voted on separately, and in the territory proposed for annexation no proposal for annexation other territory shall appear on the ballot. 13. The proposal is for a single annexation. Although four separate annexations were originally proposed,they have all been combined into a single annexation. ORS 222.160 Procedure when annexation is submitted to city vote;proclamation. This section applies when the city legislative body has not dispensed with submitting the question of annexation to the electors of the city. If the city legislative body finds that a majority of the votes cast in the territory and a majority of the votes cast in the city favor annexation, then the legislative body, by resolution or ordinance, shat/proclaim those annexations which have received a majority of the votes cast in both the city and the territory. The proclamation shall contain a legal description of each territory annexed. 14. This criterion is not applicable at this time. However,the city will comply with the standard and proclaim the annexation only if the proposed annexation receives a majority of the votes in both the city and the territory proposed for annexation. THE FOLLOWING SETS OUT THE STATEWIDE LAND USE PLANNING GOALS IN ITALICS,FOLLOWED BY FINDINGS ADDRESSING COMPLIANCE WITH THE GOALS IN REGULAR TYPE. PORTIONS OF SOME GOALS HAVE BEEN OMITTED TO SAVE SPACE. GUIDELINES THAT ARE DIRECTLY APPLICABLE ARE ALSO ADDRESSED,ALTHOUGH THE GUIDELINES ARE LIKEWISE NOT SET OUT IN ORDER TO SAVE SPACE. GOAL 9:CITIZEN INVOLVEMENT To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The governing body charged with preparing and adopting a comprehensive plan shall adopt and i publicize a program for citizen involvement that clearly defines the procedures by which the general public will be involved in the on-going land-use planning process. i i The citizen involvement program shall be appropriate to the scale of the planning effort. The program shall provide for continuity of citizen participation and of information that enables i citizens to identify and comprehend the issues.Federal,state and regional agencies, and special-purpose districts shall coordinate their planning efforts with the affected governing bodies and make use of existing local citizen involvement programs established by counties and cities. 4 15. The City's existing Comprehensive Plan and implementing regulations are in compliance with Goal 1 by providing a comprehensive public process for development and application of all land use regulations. The Bull Mountain Annexation Plan does not alter those provisions and the City's regulations therefore remain in compliance with Goal 1. 16. In regard to the Bull Mountain Annexation Plan specifically,the City established opportunities for public involvement.The City established a communications plan prior to finalizing the original proposal, submitting the land-use application and mailing of the public notice.To involve the public prior to the formal land-use process,the City established a Bull Mountain hotline and dedicated E-mail address on September 23, 2003, for comments and questions regarding the Plan. 17. On May 20,2004,the Committee for Citizen Involvement met and reviewed the communications plan for The Bull Mountain Annexation Plan and provided comments to enhance the program. a. Notice of the public hearing was mailed to all CIT facilitators,the Washington County CPO coordinator, affected property owners,and surrounding property owners within 500 feet of the Plan Area. b. Notice of the public hearing was published in two newspapers of general circulation:The Tigard Times on July 8th and July 15t',and the Oregonian on July 15`h and July 22"d C. Notice of the public hearing was posted in 13 locations in the Bull Mountain Area on June 11,2004. 18. The City Council held a public hearing during the Type IV processing of this application and petition on July 27,2004. 19. The City had a prolonged public process with opportunity for citizen involvement and input throughout. 20. The proposed annexation process is consistent with Goal 1, including those portions of Goal 1 not set out above.. GOAL 2:LAND USE PLANNING PART I--PLANNING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. i City,county, state and federal agency and special district plans and actions related to land use shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS Chapter 268.All land use plans shall include identification of issues and problems,inventories and other factual information for each applicable statewide planning goal, evaluation of alternative courses of action and ultimate policy choices, taking into consideration 5 social, economic, energy and environmental needs. The required information shall be contained in the plan document or in supporting documents. The plans,supporting documents and implementation ordinances shall be filed in a public office or other place easily accessible to the public. The plans shall be the basis for specific implementation measures. These measures shall be consistent with and adequate to carry out the plans.Each plan and related implementation measure shall be coordinated with the plans of affected governmental units. All land-use plans and implementation ordinances shall be adopted by the governing body after public hearing and shall be reviewed and, as needed, revised on a periodic cycle to take into account changing public policies and circumstances, in accord with a schedule set forth in the plan. Opportunities shall be provided for review and comment by citizens and affected governmental units during preparation,review and revision of plans and implementation ordinances. 21. The City is currently in compliance with Goal 2 because it has an acknowledged Comprehensive Plan and regulations implementing the Plan. The Bull Mountain annexation is being processed consistently with the planning policies in the Comprehensive Plan. 22. The Annexation Plan that the City has established as guidelines for the annexation calls for the City to update the Comprehensive Plan. The update will assure continued compliance with Goal 2. 23. Part 11 of Goal 2 relates to exceptions and is not applicable. That portion of the Goal is not set out above. 24. The proposed annexation and process is consistent with Goal 2,including the Goal 2 Guidelines. GOAL 3:AGRICULTURAL LANDS To preserve and maintain agricultural lands. 25. The territory to be annexed does not include designated agricultural land,so Goal 3 does not apply. GOAL 4:FOREST LANDS To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with i sound management of soil, air, water,and fish and wildlife resources and to provide for ! recreational opportunities and agriculture. i i 26. The territory to be annexed does not include any designated forest lands, so Goal 4 does not apply. 6 GOAL 5:NATURAL RESOURCES SCENIC AND HISTORIC AREAS AND OPEN SPACES To protect natural resources and conserve scenic and historic areas and open spaces. Local governments shall adopt programs that will protect natural resources and conserve scenic,historic, and open space resources for present and future generations. These resources promote a healthy environment and natural landscape that contribute to Oregon's livability. The following resources shall be inventoried: a.Riparian corridors,including water and riparian areas and fish habitat; b. Wetlands, c. Wildlife Habitat, d. Federal Wild and Scenic Rivers; e. State Scenic Waterways; f. Groundwater Resources; g.Approved Oregon Recreation Trails; h. Natural Areas, i. Wilderness Areas; j. Mineral and Aggregate Resources; k. Energy sources, L Cultural areas. Local governments and state agencies are encouraged to maintain current inventories of the following resources: a. Historic Resources; b. Open Space; c. Scenic Views and Sites. Following procedures,standards,and definitions contained in commission rules,local governments shall determine significant sites for inventoried resources and develop programs to achieve the goal 27. This Goal does not directly apply to annexations.The City's existing regulations are in compliance with Goal 5. The City has been working with Metro,Washington County and other partners to identify regionally significant riparian and wildlife resources both in the City and on Bull Mountain,and to develop a program to enhance and protect those resources.The Bull Mountain Annexation Plan includes open space projects such as the Cache Creek Nature Park. (See Annexation Plan,Table 4,p.9.).As part of the City's Comprehensive Plan update process which is planned for in the annexation plan,the City would update the existing Comprehensive Plan to assure that its regulations are consistent with and further Goal 5 in all areas. 28. The proposed annexation will allow Goal 5 to continue to be complied with within the proposed annexation area. The annexation is consistent with Goal 5 and with the Goal 5 Guidelines. GOAL 6.AIR. WATER AND LAND RESOURCES QUALITY 7 To maintain and improve the quality of the air, water and land resources of the state. All waste and process discharges from future development, when combined with such discharges from existing developments shall not threaten to violate, or violate applicable state or federal environmental quality statutes, rules and standards. With respect to the air,water and land resources of the applicable air sheds and river basins described or included in state environmental quality statutes,rules, standards and implementation plans,such discharges shall not(1)exceed the carrying capacity of such resources, considering long range needs;(2) degrade such resources,or(3)threaten the availability of such resources. 29. This Goal does not directly apply to annexations. The City's Comprehensive Plan has been acknowledged as being in compliance with Goal 6. Any development proposed after annexation would have to be approved under the City's implementing regulations. 30. The proposed annexation would allow Goal 6 and the Goal 6 Guidelines to continue to be complied with within the proposed annexation area. GOAL 7:AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS To protect life and property from natural disasters and hazards. A. NATURAL HAZARD PLANNING 1. Local governments shall adopt comprehensive plans(inventories,policies and implementing measures)to reduce risk to people and property from natural hazards. 2. Natural hazards forpurposes of this goal are:floods(coastal and riverine),landslides, earthquakes and related hazards, tsunamis, coastal erosion, and wildfires.Local governments may identify and plan for other natural hazards. B. RESPONSE TO NEW HAZARD INFORMATION 1. New hazard inventory information provided by federal and state agencies shall be reviewed by the Department in consultation with affected state and local government representatives. 2.After such consultation,the Department shall notify local governments if the new hazard information requires a local response. 3. Local governments shall respond to new inventory information on natural hazards within 36 months after being notified by the Department of Land Conservation and Development, unless extended by the Department. i C. IMPLEMENTATION Upon receiving notice from the Department,a local government shall. 1. Evaluate the risk to people and property based on the new inventory information and an assessment of.- a. the frequency,severity and location of the hazard, 8 b. the effects of the hazard on existing and future development, c. the potential for development in the hazard area to increase the frequency and severity of the hazard,and d. the types and intensities of land uses to be allowed in the hazard area. 2.Allow an opportunity for citizen review and comment on the new inventory information and the results of the evaluation and incorporate such information into the comprehensive plan, as necessary. 3.Adopt or amend, as necessary, based on the evaluation of risk,plan policies and implementing measures consistent with the following principles: a. avoiding development in hazard areas where the risk to people and property cannot be mitigated,•and b.prohibiting the siting of essential facilities, major structures,hazardous facilities and special occupancy structures,as defined in the state building code(ORS 455.447(9) (a)(b)(c)and(e)), in identified hazard areas, where the risk to public safety cannot be mitigated, unless an essential facility is needed within a hazard area in order to provide essential emergency response services in a timely manner. 4. Local governments will be deemed to comply with Goal 7 for coastal and riverine flood hazards by adopting and implementing local floodplain regulations that meet the minimum National Flood Insurance Program(NF/P)requirements. D. COORDINATION 1. In accordance with ORS 197.180 and Goal 2, state agencies shall coordinate their natural hazard plans and programs with local governments and provide local governments with hazard inventory information and technical assistance including development of model ordinances and risk evaluation methodologies. 2. Local governments and state agencies shall follow such procedures,standards and definitions as may be contained in statewide planning goals and commission rules in developing programs to achieve this goal. 31. This Goal does not directly apply to annexations. The City's Comprehensive Plan is acknowledged to be in compliance with this Goal. The proposed annexation is consistent with Comprehensive Plan policies. Any development in the annexation Plan Area must follow the City's acknowledged implementing regulations relating to natural hazards.As part of the City's Comprehensive Plan update process,the City would update the existing Comprehensive Plan and those amendments would be consistent i with this goal. 32. The proposed annexation would allow Goal 7 and the Goal 7 Guidelines to continue to be complied with within the proposed annexation area. GOAL 8:RECREATIONAL NEEDS 9 To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. RECREATION PLANNING The requirements for meeting such needs,now and in the future, shall be planned for by governmental agencies having responsibility for recreation areas, facilities and opportunities:(1) in coordination with private enterprise,(2)in appropriate proportions;and(3)in such quantity, quality and locations as is consistent with the availability of the resources to meet such requirements. State and federal agency recreation plans shall be coordinated with local and regional recreational needs and plans. DESTINATION RESORT SITING Comprehensive plans may provide for the siting of destination resorts on rural lands subject to the provisions of the Goal and without a Goal 2 exception to Goals 3, 4, 11, or 14. 33. This Goal does not directly apply to annexations.The Comprehensive Plan has been acknowledged to be consistent with Goal 8, and the proposed annexation is consistent with the Comprehensive Plan.The Bull Mountain Annexation Plan includes Parks and Open Space planning,which would be initiated within the first year as part of the Comprehensive Plan update.(See Annexation Plan,Table 4,page 9.) Provision of parks will allow recreational opportunities to be offered in those parks. The City currently cooperates with private recreational service providers(sports leagues,etc.)and would continue to do so. 34. The proposed annexation would allow Goal 8 and the Goal 8 Guidelines to continued to be complied with within the annexation area. 35. The Destination Resort provisions of this Goal are not applicable. GOAL 9:ECONOMIC DEVELOPMENT To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Comprehensive plans and policies shall contribute to a stable and healthy economy in all regions of the state. Such plans shall be based on inventories of areas suitable for increased economic growth and activity after taking into consideration the health of the current economic base,materials and energy availability and cost,labor market factors,educational and technical training programs,availability of key public facilities;necessary support facilities;current market forces;location relative to markets;availability of renewable and non-renewable resources; availability of land;and pollution control requirements.Comprehensive plans for urban areas shall. 1. Include an analysis of the community's economic patterns,potentialities,strengths, and deficiencies as they relate to state and national trends; 2.Contain policies concerning the economic development opportunities in the community, 10 3.Provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses consistent with plan policies, 4.Limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses.In accordance with ORS 197.180 and Goal 2, state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies, cities and counties. 36. This Goal does not directly apply to annexations. The Comprehensive Plan has been acknowledged to be consistent with Goal 9, and the annexation is consistent with Comprehensive Plan policies.As part of the City's Comprehensive Plan update process, the City would update the existing Comprehensive Plan and would do so consistent with this goal. 37. The proposed annexation would allow Goal 9 and the Goal 9 Guidelines to continue to be complied with within the annexation area. GOAL 10.HOUSING To provide for the housing needs of citizens of the state. Buildable lands for residential use shall be inventoried and plans shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density. 38. This Goal does not directly apply to annexations.The Comprehensive Plan has been acknowledged to be consistent with Goal 10, and the proposed annexation is consistent with Comprehensive Plan.The proposed annexation would bring 1,376 acres of residential land and approximately 2,600 homes into the City.The Plan Area includes a diversity of residential zoning,from R-4.5 to R-25,offering housing at different densities. Washington County previously adopted City of Tigard Comprehensive Plan and zoning designations for the area.Therefore no changes are required in the comprehensive plan and zoning designations for the Plan Area,as the current designations reflect City of Tigard designations. 39. As part of the City's Comprehensive Plan update process,the City would update the existing Comprehensive Plan consistent with this goal. i 40. The proposed annexation would allow Goal 8 to continued to be complied with within the i annexation area. i 1 GOAL 11:PUBLIC FACILITIES AND SERVICES i To plan and develop a timely,orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Urban and rural development shall be guided and supported by types and levels of urban and 11 rural public facilities and services appropriate for,but limited to, the needs and requirements of the urban, urbanizable,and rural areas to be served.A provision for key facilities shall be included in each plan. Cities or counties shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. To meet current and long-range needs, a provision for solid waste disposal sites,including sites for inert waste, shall be included in each plan. Counties shall develop and adopt community public facility plans regulating facilities and services for certain unincorporated communities outside urban growth boundaries as specified by Commission rules. Counties Local Governments shall not allow the establishment or extension of new sewer systems outside urban growth boundaries or unincorporated community boundaries, or allow new extensions of sewer lines from within urban growth boundaries or unincorporated community boundaries to serve land outside those boundaries, except where the new or extended system is the only practicable alternative to mitigate a public health hazard and will not adversely affect farm or forest land. For land that is outside urban growth boundaries and unincorporated community boundaries, county land use regulations shall not rely upon the establishment or extension of a water system to authorize a higher residential density than would be authorized without a water system. Local governments shall not rely upon the presence,establishment, or extension of a water or sewer system to allow residential development of land outside urban growth boundaries or unincorporated community boundaries at a density higher than authorized without service from such a system. In accordance with ORS 19 7.180 and Goal 2, state agencies that provide funding for transportation, water supply, sewage and solid waste facilities shall identify in their coordination programs how they will coordinate that funding with other state agencies and with the public facility plans of cities and counties. 41. The Tigard Comprehensive Plan has been acknowledged to be consistent with Goal 11, and the proposed annexation is consistent with the Comprehensive Plan. (See addressing Comprehensive Plan, Findings 110 to 127. 42. ORS 195.065 defines urban services as sanitary sewers,water,fire protection, parks, open space,recreation,streets,roads and mass transit.Tigard's Comprehensive Plan policies require a review to determine that adequate capacity will be available to serve areas being annexed and that the annexation will not significantly reduce the level of services available to the City of Tigard for the following services:sewer,water,drainage, fire protection,streets,and police.The Bull Mountain Annexation Plan addresses the provision of both urban services as defined by ORS 195.065 and the services required to be considered by the Comprehensive Plan.The Plan also addresses building and development services,and street light maintenance. Building and development services are included because of an existing County-City intergovernmental agreement which would be affected by annexation. Street light maintenance and long-range planning have been included because annexation would change service providers. 43. The Bull Mountain Annexation Plan addresses all of these urban services in Table 4(p. 9)and identifies local standards of urban service availability.The Bull Mountain Annexation Plan concludes in Section ILA.(p.7)that all services except recreation are available to the annexation area. Upon annexation,the City of Tigard will be the service 12 provider to the annexed territory for the following services:sanitary and storm sewer, water,parks and open space,road quality maintenance,street maintenance, building and development services,street light maintenance, police and long-range planning. Tualatin Valley Fire and Rescue will continue as the fire protection and emergency service provider,TriMet will continue as the mass transit provider,and school district boundaries will remain the same.Neither Washington County nor the City of Tigard provide recreation services. However,recreation services are provided by non- governmental bodies. The City of Tigard cooperates with many private recreation service providers so that recreation services are provided in City parks. 44. If voters approve the annexation,the City will hire additional personnel and obtain additional equipment needed to maintain service standards for Public Works(Streets). Tigard will assume responsibility for County-numbered roads by agreement with the County,with the transfer of jurisdiction over those roads to occur within one year of annexation. Police can serve the area without a significant reduction in service,due to internal adjustments until additional police officers can be hired.This schedule demonstrates that the City will maintain existing levels of service within the City and will maintain or improve levels of service within the area to be annexed. 45. The City and other service providers who would continue to provide services after annexation have the capacity to provide services in the proposed annexation area, assuring a timely,orderly and efficient arrangement of public facilities and services. Those services would serve as a framework for urban development of Bull Mountain. 46. The proposed annexation, in combination with the City's existing plans for providing public service,is in compliance with and will further the purposes of Goal 11 and the Goal 11 Guidelines. GOAL 12:TRANSPORTATION To provide and encourage a safe, convenient and economic transportation system. A transportation plan shall(1)consider all modes of transportation including mass transit, air, water,pipeline,rail, highway, bicycle and pedestrian;(2)be based upon an inventory of local, regional and state transportation needs;(3)consider the differences in social consequences that would result from utilizing differing combinations of transportation modes;(4)avoid principal reliance upon any one mode of transportation;(5)minimize adverse social,economic and environmental impacts and costs,(6)conserve energy,(7)meet the needs of the transportation disadvantaged by improving transportation services;(8)facilitate the flow of goods and services so as to strengthen the local and regional economy;and(9)conform with local and regional comprehensive land use plans.Each plan shall include a provision for transportation as a key i facility. 47. This Goal does not directly apply to annexations. Under the Annexation Plan,the City + would accept responsibility for the Bull Mountain area's streets and roads,with the transfer from County jurisdiction complete within one year of the annexation. (See Annexation Plan,pages 8 and 9.) 48. The Comprehensive Plan has been acknowledged to be consistent with Goal 12, and 13 the proposed annexation is consistent with the Comprehensive Plan. 49. The proposed annexation would allow Goal 12 and the Goal 12 Guidelines to continue to be complied with within the annexation area. GOAL 13:ENERGYCONSERVATION To conserve energy. Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. 50. This Goal does not directly apply to annexations.The Comprehensive Plan has been acknowledged to be consistent with Goal 13,and the proposed annexation is consistent with the Comprehensive Pian.Any development in the annexation area must satisfy the City's implementing regulations. 51. As part of the City's Comprehensive Plan update process,which would be initiated after annexation,the City would update the existing Comprehensive Plan and the updates will be consistent with this goal. 52. The proposed annexation would allow Goal 13 and the Goal 13 Guidelines to continue to be complied with within the annexation area. GOAL 14:URBANIZATION To provide for an orderly and efficient transition from rural to urban land use. Urban growth boundaries shall be established to identify and separate urbanizable land from rural land. Establishment and change of the boundaries shall be based upon considerations of the following factors: (1)Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC goals; (2)Need for housing,employment opportunities, and livability,• (3)Orderly and economic provision for public facilities and services; (4)Maximum efficiency of land uses within and on the fringe of the existing urban area; (5)Environmental, energy, economic and social consequences; (6)Retention of agricultural land as defined, with Class I being the highest priority for retention and Class VI the lowest priorityand, (7)Compatibility of the proposed urban uses with nearby agricultural activities. The results of the above considerations shall be included in the comprehensive plan. In the 14 case of a change of a boundary, a governing body proposing such change in the boundary separating urbanizable lands from rural land, shall follow the procedures and requirements as set forth in the Land Use Planning goal(Goal 2)for goal exceptions.Any urban growth boundary established prior to January 1, 1975, which includes rural lands that have not been built upon shall be reviewed by the governing body, utilizing the same factors applicable to the establishment or change of urban growth boundaries. Establishment and change of the boundaries shall be a cooperative process between a city and the county or counties that surround it. Land within the boundaries separating urbanizable land from rural land shall be considered available over time for urban uses. Conversion of urbanizable land to urban uses shall be based on consideration of: (1)Orderly,economic provision for public facilities and services; (2)Availability of sufficient land for the various uses to insure choices in the market place; (3)LCDC goals or the acknowledged comprehensive plan;and, (4)Encouragement of development within urban areas before conversion of urbanizable areas. In unincorporated communities outside urban growth boundaries counties may approve uses, public facilities and services more intensive than allowed on rural lands by Goal 11 and 14, either by exception to those goals,or as provided by Commission rules which ensure such uses do not (1)adversely affect agricultural and forest operations, and (2)interfere with the efficient functioning of urban growth boundaries. Notwithstanding the other provisions of this goal, the commission may by rule provide that this goal does not prohibit the development and use of one single-family dwelling on a lot or parcel that: (a)was lawfully created, (b)lies outside any acknowledged urban growth boundary or unincorporated community boundary; (c)is within an area for which an exception to Statewide Planning Goal 3 or 4 has been acknowledged;and (d)is planned and zoned primarily for residential use. 53. The Comprehensive Plan has been acknowledged to be consistent with Goal 14,and the annexation is consistent with the Comprehensive Plan,as described in the findings relating to the Comprehensive Plan. See Findings 110 to 127. 54. The proposed annexation into the City is an important step in the orderly and efficient transition from rural to urban land use in the Bull Mountain area. i 55. In 1983,the County and City signed an Urban Planning Area Agreement(UPAA).The UPAA established Bull Mountain as part of the City's planning area. 56. Over the last 20 years,the area has become urbanized with streets,sidewalks,and urban service needs. (See Annexation Plan Introduction, page 1.) The territory to be 15 annexed is entirely inside the UGB.(See Mapl,Annexation Plan, page 3.) 57. The City and other service providers who would continue to provide services after annexation have the capacity to provide services in the proposed annexation area, based on the Tigard Urban Service Agreement(TUSA) (See Appendix D to the Annexation Plan.)The TUSA provides a plan for public services and facilities for the Bull Mountain area. 58. There are approximately 7,600 residents living in 2,600 homes on the mountain's 1,376 unincorporated acres(2003 estimates). Development of the remaining land would raise the overall population to just under 10,000.This additional growth would require additional facilities and services. Annexation would allow the City to actually plan for and provide a full range public services,in cooperation with those districts that will continue to serve the area. 59. The proposed annexation is consistent with Goal 14 and the Goal 14 Guidelines. GOAL 15:WILLAMETTE RIVER GREENWAY To protect,conserve, enhance and maintain the natural,scenic,historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. 60. This Goal is not applicable to this proposed annexation because the area being annexed is not within the Willamette River Greenway area. GOAL 16:ESTUARINE RESOURCES To recognize and protect the unique environmental,economic, and social values of each estuary and associated wetlands;and To protect, maintain, where appropriate develop, and where appropriate restore the long-term environmental,economic, and social values, diversity and benefits of Oregon's estuaries. 61. This Goal is not applicable to this proposed annexation because the area to be annexed is not in or near an estuary. GOAL 17:COASTAL SHORELANDS To conserve,protect, where appropriate, develop and where appropriate restore the resources and benefits of all coastal shorelands,recognizing their value for protection and maintenance of water quality, fish and wildlife habitat,water-dependent uses,economic resources and recreation and aesthetics. The management of these shoreland areas shall be compatible with the characteristics of the adjacent coastal waters;and To reduce the hazard to human life and property,and the adverse effects upon water quality and fish and wildlife habitat, resulting from the use and enjoyment of Oregon's coastal shorelands. 62. This Goal is not applicable to this proposed annexation because the area to be annexed is not in or near a coastal shoreland. 16 GOAL 18:BEACHES AND DUNES To conserve,protect, where appropriate develop, and where appropriate restore the resources and benefits of coastal beach and dune areas;and To reduce the hazard to human life and property from natural or man-induced actions associated with these areas. 63. This Goal is not applicable to this proposed annexation because the area being annexed is not within a coastal beach or dune area. GOAL 19:OCEAN RESOURCES To conserve marine resources and ecological functions for the purpose of providing long-term ecological, economic, and social value and benefits to future generations. 64. This Goal is not applicable to this proposed annexation because it is not in or near the ocean. THE FOLLOWING SETS OUT APPLICABLE PROVISIONS OF THE METRO CODE IN ITALICS,FOLLOWED BY FINDINGS IN REGULAR TYPE ADDRESSING THE APPLICABLE METRO CODE PROVISIONS. NOT ALL SECTIONS OR SUBSECTIONS OF METRO CODE 3.09 ARE RELEVENT;ONLY RELEVANT SECTIONS ARE ADDRESSED. Metro Code 3.09.030 Uniform Notice Requirements for Final Decisions (a) The following minimum requirements apply to all boundary change decisions by an approving entity.Approving entities may choose to provide more notice than required. These procedures are in addition to and do not supersede the applicable requirements of ORS Chapters 197, 198, 221 and 222 and any city or county charter for boundary changes. Each approving entity shall provide for the manner of notice of boundary change decisions to affected persons. (b)An approving entity shall set a time for deliberations on a boundary change within 30 days after the petition is completed. The approving 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 45 days prior to the date of decision for major boundary changes and for those minor boundary changes which are not within the scope of adopted urban service provider agreements and for which a shorter notice period has not been agreed to by all necessary parties.However, notice of minor j boundary changes to special districts may be mailed and posted at least 40 days prior to the • proposed date of decision. Notice shall be published as required by state law. i I (c) The notice of the date of deliberations shall:describe the affected territory in a manner that i allows certainty;state the date, time and place where the approving entity will consider the boundary change;and state the means by which any interested person may obtain a copy of the approving entity's report on the proposal. The notice shall state whether the approving entity intends to decide the boundary change without a public hearing unless a necessary party requests a public hearing. 17 (d)An approving entity may adjourn or continue its final decision on a proposed boundary change to another time.For a continuance later than 31 days after the time stated in the original notice,notice shall be reissued in the form required by subsection(b)of this section at feast 15 days prior to the continued date of decision.For a continuance scheduled within 31 days of the previous date for decision,notice shall be adequate if it contains the date, time and place of the continued date of decision. (e)An approving entity's final decision shall be reduced to writing and authenticated as its official act within 5 working days following the decision and mailed to Metro and to all necessary parties to the decision. The mailing to Metro shall include payment to Metro of the filing fee required pursuant to Section 3.09.110. The date of mailing shall constitute the date from which the time for appeal runs for appeal Metro Boundary Appeals Commission. 65. The City provided notice of the hearing to all necessary parties and by posting notice in compliance with MC 3.09.030(b)and(c)within the Bull Mountain Area at least 45 days before the initial hearing and at least 15 days prior to the continued hearing. Metro Code 3.09.040-Minimum Requirements for a Petition (a)A petition for a boundary change shall be deemed complete if it includes the following information: (1) The jurisdiction of the approving entity to act on the petition; (2)A narrative,legal and graphical description of the affected territory in the form prescribed by the Metro Chief Operating Officer (3)For minor boundary changes, the names and mailing addresses of all persons owning property and all electors within the affected territory as shown in the records of the tax assessor and county clerk; (4)A listing of the present providers of urban services to the affected territory,, (5)A listing of the proposed providers of urban services to the affected territory following the proposed boundary change, (6) The current tax assessed value of the affected territory,and i (7)Any other information required by state or local law. i 66. The City's land-use applications included all of the information required by Metro Code I 3.09.040(a). 1 j Metro Code 3.09.050—Uniform Hearing and Decision Requirements for Final Decisions Other Than Expedited Decisions (b)Not later than 15 days prior to the date set for a change decision,the approving entity shall 18 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: 67. City staff prepared a staff report addressing the criteria stated in MC 3.09,050(d)and (g). The report was available on July 12,2004, 15 days before the hearing. (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; 68. The staff report addresses the present availability of urban services in the Bull Mountain Area. (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; 69. The staff report describes how the proposed annexation is consistent with the TUSA. (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; 70. The staff report analyzes consistency with all applicable provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. The regional urban growth goals and objectives have been implemented by the Urban Growth Management Functional Plan and by Metro Code provisions related to annexation. The staff report addresses compliance with those provisions. The regional policies listed in the Functional Plan recommend and require changes to city and county comprehensive plans and implementing ordinances,but do not apply directly to annexations.Section IV.C. of the staff report also addresses state planning goals. 71. Section IV.C.of the staff report addresses the City of Tigard Comprehensive Plan.The staff report addresses urban planning agreements;urban service provider agreements. 72. The staff report complies with subsection(3). (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party,and 73. The staff report addresses withdrawal of the Buil Mountain Area from the Tigard Water E District and certain county service districts. i i (5) The proposed effective date of the decision. 74. The staff report states the proposed effective date of the decision. 19 (d)An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 75. The City Council's decision in includes these findings and conclusions,which address the criteria. (1) Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; 76. The annexation is consistent with the TUSA,which provides for the City to assume responsibility for those services it is taking over by the annexation. It is also consistent with the IGA with CWS regarding maintenance services for water and sewer. 77. The annexation is being made by means of an annexation plan and is consistent with the plan. (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; 78. The annexation is consistent with the urban planning agreement with Washington County, which provides for City responsibility for planning. (3) Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; 79. The proposed annexation is consistent with the Tigard Comprehensive Plan and with public facilities plans. It is also consistent with applicable sections of the Community Development Code that implement the comprehensive plan. 4 Consistency with specific dZ tri.a plLcaab!e standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; 80. The area is within the Urban Growth Boundary. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan.The regional policies listed in the Functional Plan recommend and require changes to city and county comprehensive plans and implementing ordinances,but do not apply directly to annexations.The annexation is consistent with the regional policies as implemented by the comprehensive plan and implementing regulations. i (5) Whether the proposed change will promote or not interfere with the timely, orderty and economic provisions of public facilities and services; 1 i 81. The annexation proposal provides for an annexation process that provides a timely and orderly provision of public facilities and services. All post-annexation service providers have the ability to provide services to the area.The annexation is consistent with the TUSA provisions for public facilities and services in the Bull Mountain Area. 20 (6)The territory lies within the Urban Growth Boundary,•and 82. The entire area to be annexed is within the UGB. (7)Consistency with other applicable criteria for the boundary change in question under state and local law. 83. The annexation is consistent with the Goals, applicable statutes,applicable provisions of the Tigard Comprehensive Plan,and applicable provisions of the Tigard Community Development Code. THE FOLLOWING SETS OUT APPLICABLE COMPREHENSIVE PLAN POLICIES IN ITALICS,WITH FINDINGS RELATING TO COMPLIANCE AND/OR CONSISTENCY WITH THOSE POLICIES IN REGULAR TYPE: Policy 2.1.1: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. 84. This City maintains an ongoing citizen involvement program.Notice of the public hearing was mailed to all CIT facilitators,the Washington County CPO coordinator,CP048, affected property owners, and surrounding property owners within 500 feet of the Plan Area.Notice of the public hearing was be published in two newspapers of general circulation:The Tigard Times on July 8`"and July 15'",and the Oregonian on July 151h and July 22"d. Notice of the hearing was posted in the Bull Mountain Area in 13 locations on June 11, 2004. 85. The City established a communications approach prior to finalizing the original proposal, submitting the land-use application and mailing of the public notice.To involve the public prior to the formal land-use process,the City established a Bull Mountain hotline and dedicated E-mail address on September 23, 2003 for comments and questions regarding the Plan. In order to facilitate the public hearing proceedings,inform the public,and aid the public in navigating the process,the Bull Mountain Communications Plan was developed and presented to City Council on April 20,2004. Council agreed to proceed as outlined in the plan and that Communications Plan has been followed.On May 20,2004,the Committee for Citizen Involvement met and reviewed the Bull Mountain Communications Plan for The Bull Mountain Annexation Plan and provided comments to enhance the program. 86. The City Council held a public hearing on July 27,2004,at which interested persons commented on the proposed annexation. Many previous opportunities for public comment were provided, including a December 2003 public hearing on a previous version of the plan. The Council in deciding whether to annex and how to approach annexation has considered the"White Papers"that were prepared with citizen involvement. 87. The City has acted consistently with policy 2.1.1 in this process. 2.Policy 10.9.1:Prior to the annexation of land to the City of Tigard, 21 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`(most intense use allowed by the conditions of approval, the zone or the Comprehensive Plan), and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. Water 2. Sewer 3.Drainage 4. Streets 5.Police, and 6. Fire Protection. 88. This policy requires that there be adequate capacity to serve the annexed parcels if developed to the most intense use allowed, and without significantly reducing the level of services available to the existing City. 89. The City has reviewed these six services,along with additional urban services to be provided to the area. 90. If the annexation is approved,all listed services will be provided throughout the entire expanded city without significant reduction in the level of services provided to developed and undeveloped land within the City of Tigard. Indeed,the levels of service after annexation are expected to be increased in several areas. 91. The proposed annexation complies with Policy 10.1.1.(a). Policy 10.1.1.(c)The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. 92. On annexation,the City of Tigard will provide most urban services within the annexed area. The only urban services that Tigard will not provide are those that the City does not currently provide to its residents. Fire protection services will continue to be provided by Tualatin Valley Fire and Rescue,transit services will continue to be provided by Tri-met,and Clean Water Services will continue to provide some stormwater and sewer services, with Tigard providing other stormwater and sewer services. Recreation services will be provided by private entities,as is currently the situation in the City of s Tigard. Provision of parks by the City as planned will allow recreation services to be provided. i 1 i 93. The proposed annexation complies with Policy 10.1.1.(c). Policy 10.1.2 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. 22 94. The annexation will eliminate five islands of unincorporated territory(Map 1, p.4). Most of the Bull Mountain Area is not a pocket or island. This finding complies with Policy 10.1.2. 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 95. The annexation will not create an irregular boundary. It will simplify boundary lines and result in more regular boundaries,which will make it easier to determine which properties are within the City. c) The Police Department has commented upon the annexation. 96. The Police Department commented on The Bull Mountain Annexation Plan,concluding that it can provide service without significantly reducing services to existing residents. d) The land is located within the Tigard Urban Planning Area and is contiguous to the city boundary 97. The Pian Area is located within the Tigard Urban Planning Area and is contiguous to the city boundary. e) The annexation can be accommodated by the services listed in 10.1.1(A) 98. All listed services can and will be provided to the area to be annexed. Water,sewer, drainage, streets,police,and fire protection would all be provided upon annexation, and street maintenance for County numbered roads would be initiated 30 days following annexation and completed within one year,with the County providing maintenance in the interim. 99. The proposed annexation complies with Policy 10.1.2. Policy 10.1.3 Upon annexation of land into the City which carries a Washington County Zoning Designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the County zoning designation. 100. Washington County previously adopted City of Tigard Comprehensive Plan and zoning designations for the area.They therefore carry City zoning designations rather than Washington County designations, so this provision does not apply. 101. The zoning designations will remain unchanged with the City zoning district designations 1 that are currently in place. t 1 THE FOLLOWING SETS OUT APPLICABLE PROVISIONS OF THE TIGARD COMMUNITY DEVELOPMENT CODE IN ITALICS,FOLLOWED BY FINDINGS AS TO THOSE PROVISIONS IN REGULAR TYPE. CDC Section 18.320.020: Approval Process and Standards_ 23 A.Approval Process.Annexations shall be processed by means of a Type IV procedure, as governed by Chapter 18.390 using standards of approval contained in Subsection B2 below. 102. The City has processed the annexation by a Type IV procedure. B. The decision 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;and 103. As detailed in these findings,all services and facilities are available to the area and have sufficient capacity to provide service to the proposed annexation area. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. 104. As detailed in these findings, including Findings 130 to 136,applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. 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 change is required if 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. 105. Washington County previously adopted City of Tigard Comprehensive Plan and zoning designations for the area.Therefore no changes in the comprehensive plan and zoning designations are required, i i Section 18.390.060 Type IV Procedure i G.Decision-making considerations.The... decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 24 106. The Council considered the statewide land use planning goals and guidelines and the findings addressing the goals and guidelines. 2.Any federal or state statutes or regulations found applicable; 107. Applicable state statutes and regulations(the Goals)have been considered by the Council in making its decision. The Council is adopting these findings to demonstrate its consideration of applicable law. 3.Any applicable METRO regulations; 108. The Council has considered applicable Metro regulations and made findings that address applicable Metro regulations. 4.Any applicable comprehensive plan policies; 109. The Council has considered applicable comprehensive plan policies and made findings that address applicable comprehensive plan policies. 5.Any applicable provisions of the City's implementing ordinances. 110. No specific substantive code provisions apply to this decision. The City has considered and complied with applicable procedural provisions. i i i i 25 EXHIBIT C Hearing Date: _ July 27.2004 7:30 PM STAFF REPORT TO THE CITY COUNCIL CITY oFnoulo FOR THE CITY OF TIGARD, Community Dcvdopmrnr OREGON Sh,ongA BwerCommunity SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN ANNEXATION PLAN CASE NOS.: Zone Change Annexation(ZCA) ZCA2003-00003,ZCA2003-00004, ZCA2003-00005,ZCA2003-00006 APPLICANT. City of Tigard OWNER: Multiple owners.List is 13125 SW Hall Blvd. available for review at Tigard, Tigard,OR 97223 City Hall. PROPOSAL: The applicant (City of Tigard) originally proposed to annex 1,378 acres of Washington County known as Bull Mountain through the annexation plan process. Due to a recent annexation, the applicant is now proposing to annex approximately 1,376 acres of Bull Mountain through the annexation plan process. State taw ORS 195.205 allows the City to annex territory within an urban growth boundary(UGB) pursuant to a detailed annexation plan, subject to voter approval. If the Tigard City Council approves The Bull Mountain Annexation Plan, it could place the proposal on the November 2, 2004,ballot. The Bull Mountain Annexation Plan proposal states that the City of Tigard can serve the Bull Mountain area without a significant reduction in service to Tigard residents.Due to size,the proposal divides the area into four subareas:East (276.95 acres),South(492.18 acres),North(355.44 acres),and West(251.23). The Plan proposes to annex all areas in July 2005. CURRENT ZONING DESIGNATION: The area includes R-4.5(Low-Density Residential District;minimum lot size 7,500 square feet), R-7 (Medium-Density Residential District; minimum lot size 5,000 square feet),R-12(Medium-Density Residential District;minimum lot size 3,050 square feet) and R-25 (Medium High-Density Residential District;minimum lot size 1,480 square feet). EQUIVALENT CITY ZONING DESIGNATION: R-4.5(Low-Density Residential District;minimum lot size 7,500 square feet), R-7 (Medium-Density Residential District; minimum lot size 5,000 square feet), R-12 (Medium-Density Residential District; minimum lot size 3,050 square feet)and R-25 (Medium High-Density Residential District; minimum lot size 1,480 square feet). STAFF REPORT TO THE CITY.COUNCIL PAGE 1 OF26 ZCA2003.W 3.-00004,-00605,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27814 PUBUC HEARING LOCATION: The unincorporated area is within the UGB.It is generally bounded on the north by Barrows Road,on the east by Tigard City limits,on the south by Beef Bend Road, and on the west partially by 150th Avenue and near Roy Rogers Road. For specific boundary,see vicinity map. APPLICABLE REVIEW CRITERIA: ORS Chapters 195 and 222; Metro Code Chapter 3.09; Community Development Code Chapter 18,sections 18.320 and 18.390. SECTION It. STAFF RECOMMENDATION Staff recommends that the Council find that The Bull Mountain Annexation Plan proposal meets all the approval criteria as identified in ORS Chapters 195 and 222; Metro Code Chapter 3.09; Community Development Code Chapter 18,sections 18.320 and 18.390 and is consistent with the statewide land use planning goals and relevant provisions of the Comprehensive Plan. Therefore, staff recommends APPROVAL of The Bull Mountain Annexation Plan. SECTION 111. BACKGROUND INFORMATION Site Boundaries The Bull Mountain Annexation Plan area consists of approximately 1,376 acres.It is generally bounded on the north by Barrows Road,on the east by Tigard City limits,on the south by Beef Bend Road,and on the west partially by 150th Avenue and near Roy Rogers Road. Map 1 on p. 4 of The Bull Mountain Annexation Plan denotes the specific boundaries.Due to size,the proposal divides the area into four subareas:East(276.95 acres),South(492.18 acres),North(355.44 acres),and West(251.23).These subarea boundaries were based on development patterns,topography,and major roads. Case History The applicant submitted the proposal in October 2003.The Tigard City Council held a public hearing on the proposal(ZCA2003-00003,ZCA2003-00004,ZCA2003-00005,ZCA2003-00006)on December 2,2003,and December 16,2003.The City Council reviewed and discussed the proposal.The Council determined that the proposal meets the approval criteria as identified in ORS195, ORS222, Metro Code Chapter 3.09,and Tigard Community Development Code Chapter 18,but did not adopt findings at that time_The Council determined that additional time was needed to work with Washington County and the public to allow for public discussion and a review of the Annexation Plan's key benefits. On December 16, 2003, the Council adopted a resolution(Appendix A to the Staff Report)that directed staff to hold a public hearing on the proposal (ZCA2003-00003, ZCA2003-00004, ZCA2003-00005, ZCA2003-00006) in July 2004 and consider placing the plan on the November 2004 ballot, and directed staff to form subcommittees of Washington County representatives, and Bull Mountain and Tigard residents. i • The December 16, 2003, resolution addressed three different elements of this Annexation Plan process: the land-use component(hearing in July 2004); the ballot; and the subcommittees (which j produced white papers). The applicant's proposal (ZCA2003-00003, ZCA2003-00004, ZCA2003- i 00005, ZCA2003-00006) and corresponding staff report will address only the land-use component, following the process for land-use decisions.The ballot and subcommittees are outside the scope of this land-use decision. Site information and Proposal description: State law ORS195.205 allows the City to annex territory within an urban growth boundary pursuant to a detailed annexation plan. The Buff Mountain Annexation Plan proposes to annex 1,376 acres, which includes approximately 7,600 residents living in 2,600 homes(2003 data).The Plan Area is STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF26 ZCA200300003,-00004•-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING located to the west of Tigard City Limits and within the Urban Growth Boundary. The Plan Area includes development at different densities,but single-family homes predominate. The Bull Mountain Annexation Plan proposes to annex approximately 1,376 acres of land into the City of Tigard with a 2003 assessed value of$605,504,640 (North: $193,059,240; East: $52,016,420; South:$251,261,770;West:$109,167,210).The Plan proposes to annex All Areas on July 1,2005. Although there are other methods of annexation,the City chose the annexation plan method because it requires the creation of a long-term annexation strategy. The Tigard Urban Service Agreement (TUSA-Appendix D)names the City of Tigard as the ultimate service provider for the Plan Area,for most services.Without annexation, the City has limited ability to plan for, provide for, and manage growth outside its City limits to ensure that efficient and effective public facilities and services are available when needed.The TUSA contains a provision that the City shall endeavor to annex the Bull Mountain area in the near to mid-term(3 to 5 years).Lastly,if The Bull Mountain Annexation Plan is approved by the Council,ORS195.205 allows both the territory to be annexed and the annexing city to vote on the annexation plan proposal. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS ORS Chapters 195 and 222;Metro Code Chapter 3.09;Community Development Code Chapter 18, sections 18.320 and 18.390. Consistency with applicable statewide land use planning goals and applicable Comprehensive Plan provisions. A.STATE LAW PROVISIONS 1.ORS195.205:Annexation by Provider Staff has determined that the proposal is consistent with state law ORS 195.205 based on the following findings: 195.205 Annexations provider,Prerequisites to vote:public hearing. (1)A city or district that provides an urban service may annex territory under ORS 195.020. 195.060 to 195.085.195.145 to 195.235 197.005,197.319.197.320. 197.335 and 223.304 that: fa)Is situated within an urban growth boundary:and The proposed annexation territory addressed in The Bull Mountain Annexation Plan lies within the Portland Metropolitan Urban Growth Boundary in its entirety. (b)Is contained within an annexation plan adopted pursuant to ORS 195.020. 195.060 to 195.085 195.145 to 195.235.197.005.197.319.197.320.197.335 and 223.304. The proposed annexation territory is contained in The Bull Mountain Annexation Plan (Map 1,p.4). The Tigard City Council will consider for adoption the land-use application for the proposed The Bull Mountain Annexation Plan on July 27,2004. i (2)A city or district may submit an annexation plan to a vote under subsection(5)of this section only if prior to the submission of the annexation plan to a vote: (a) The territory contained in the annexation plan is subject to urban service agreements among all appropriate j counties and cities and the Providers of urban services within the temtory as required by ORS 195.065 and 195.070, (A)Such urban service ammements were in effect on November 4.1993:or (9) They expressly state that they may be relied upon as a prerequisite of the annexation method authorized by ORS 195.020.195.060 to 195.085.195.145 to 195.235.197.005,197.319,197.320.197.335 and 223.304:and The Tigard Urban Service Agreement(TUSA)was signed in February 2003 (Appendix D of The Bull Mountain Annexation Plan). The City of Tigard and Washington County entered into this agreement with the following urban service providers: Clean Water Services, Tigard Water District, TriMet, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue District, and Tualatin STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF26 ZCA2003.00003,-00004,-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING Valley Water District. The territory contained in The Bull Mountain Annexation Plan is subject to the TUSA(Map A of TUSA).The TUSA expressly states that the City may"develop an annexation plan or plans in reliance upon[the TUSA]in accordance with ORS 195.205 to.220"(TUSA,Section I.E.,p.3). (b)The territory contained in the annexation plan is subiect to an agreement between the city and county addressing fiscal impacts,if the annexation is by a city and will cause reductions in the county property tax revenues by operation ofsection 11b.Article XI of the Oregon Constitution. The Bull Mountain Annexation Plan states that Section 11 b,Article XI of the Oregon Constitution (commonly known as Measure 5)limits total non-school property tax rates to no more than$10 per $1,000 of assessed valuation(The Bull Mountain Annexation Plan,p.21). If the tax rates of all non- school taxing jurisdictions exceed$10 per$1,000,the rates of each district are proportionately reduced to bring the total under the$10 limit. This process is called compression. The Bull Mountain Annexation Plan contains a map on p.21 that shows the proposed Bull Mountain annexation area makes up the majority of tax code area 23.78 and 51.78. The government tax rate in both code areas for FY 2003-04 was$6.0101 per$1,000. The Bull Mountain Annexation Plan calculated that with tax rate adjustments in both codes due to the proposed annexation,the estimated resulting rate will be$7.1126 per$1,000.The Plan concluded that this rate is well below the$10 Measure 5 cap and therefore compression is not likely to occur in the near future(The Bull Mountain Annexation Plan,p.21).The Plan Area would continue to pay County taxes after annexation,as all Tigard areas do. Therefore,The Bull Mountain Annexation Plan proposal demonstrated that the annexation of the proposed territory will not cause reductions in the county property tax revenues(compression). Therefore,no fiscal agreement between the City and the County is required. (3)Prior to adopting an annexation plan,the goveminq body of a city or district shall hold a public heating at which time interested persons may appear and be heard on the question of establishing the annexation plan. The Tigard City Council will hold a public hearing on July 27,2004,to consider the proposed The Bull Mountain Annexation Plan land-use application for adoption. (4) The goveminq body of the city or district shall cause notice of the hearing to be published, once each week for two successive weeks prior to the day of the heating,in a newspaper of general circulation in the city or district. The City of Tigard submitted a notice for the July 27, 2004, public hearing to two newspapers of general circulation in the Tigard and Bull Mountain area.The notice was scheduled to be published on the following dates:July 8h and July 15th in the Tigard Times,and July 15N and 22`"'in The Oregonian. (5)if after the public hearing required under subsection(3)of this section,the governing body of the city or district decides to proceed with the annexation plan,it shall cause the annexation plan to be submitted to the electors ofthecfly or district and to the electors of the territory proposed to be annexed under the annexation plan. The proposed annexation plan may be voted upon at a general election or at a special election to be held for that purpose.(1993 c.804 5131 If the Tigard City Council approves The Bull Mountain Annexation Plan at the July 27, 2004, public hearing,it may choose to place the Plan on the November 2,2004,ballot. 3.ORS 195.220: Annexation plan provisions. (1)An annexation plan adopted under ORS 195.205 shall include: rt (a)The timing and sequence of annexation. The Bull Mountain Annexation Plan dedicates Section IIC(beginning on p. 13)to examine the timing and sequence of annexation.Based on supporting analysis from the Public Facilities and Assessment Report (Technical Document B), The Bull Mountain Annexation Plan proposes that the entire Plan Area be annexed effective July 1, 2005, conditioned on voter approval. The plan proposes 2005 in order to fund future capital improvements. STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF26 ZCg2003-00003,4)0004,-OOD05,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING Except for maintenance of County-numbered roads,Tigard will assume responsibility for sanitary and storm sewer, water, paries and open space, road quality maintenance, street maintenance, building and development services,street light maintenance,police and long-range planning upon annexation. Tualatin Valley Fire and Rescue and TriMet will continue to provide fire protection and mass transit services. If voters approve the plan, the City will hire additional personnel and obtain additional equipment needed to maintain service standards for Public Works(Streets).Tigard will assume responsibility for County-numbered roads by agreement with the County, with the transfer of jurisdiction over those roads to occur within one year of annexation.Police can serve the area without a significant reduction in service,due to internal adjustments until additional police officers can be hired.The City will initiate the 6-month hiring/training process prior to annexation. This schedule demonstrates that the City will maintain existing levels of service within the City and will maintain or improve levels of service within the area to be annexed. The Bull Mountain Annexation Plan proposal complies with ORS195.220.1.a. (b)Local standards of urban service availability required as a precondition of annexation ORS195 defines urban services as sanitary sewers, water, fire protection, parks, open space, recreation,streets,roads and mass transit. The Bull Mountain Annexation Plan addresses all of these urban services in Table 4(p.9)and identifies local standards of urban service availability. The Bull Mountain Annexation Plan concludes in Section II.A.(p,8)that all services except recreation are available to the Plan Area.Upon annexation,the City of Tigard will be the service provider to the annexed territory for the following services: sanitary and storm sewer, water, parks and open space, road quality maintenance, street maintenance, building and development services, street light maintenance, police and long-range planning.Tualatin Valley Fire and Rescue will continue as the fire protection and emergency service provider, TriMet will continue as the mass transit provider, and school district boundaries will remain the same. Neither Washington County nor the City of Tigard provide recreation services. All urban services providers are established, per the Tigard Urban Service Agreement (TUSA, Appendix D), The Bull Mountain Annexation Plan identifies two steps needed by the County to meet local standards prior to annexation: improve roads to a pavement condition index of 40 or greater,for an average of 75 or higher;establish parks system development charges(SDCs)for new development prior to annexation, The Bull Mountain Annexation Plan proposal complies with ORS195.220.1_b. (c1 The planned schedule for Prowdina urban services to the annexed territory The Bull Mountain Annexation Plan is based on supporting analysis from the Public Facilities and Assessment Report(Technical Document B).The assessment report applied City of Tigard service standards to the Bull Mountain subareas to evaluate the City's ability to serve the area upon 1 annexation. It projected start-up costs,needs,and ability to serve the entire Bull Mountain area or individual areas upon annexation_The analysis was based upon current population and housing unit estimates,future service needs at build-out,and service standards. r Based on this analysis,The Bull Mountain Annexation Plan concluded that the City of Tigard can serve the entire Bull Mountain area without a significant reduction in service to Tigard residents(Section IIB, p.12). The Bull Mountain Annexation Plan states that those services transferring to Tigard,per the TUSA(Appendix D),would be transferred"upon annexation":building and development services, parks and open spaces(Bull Mountain residents receive resident privileges at City parks),police, sanitary and storm sewer(provided by Tigard effective January 1,2005),street light maintenance, STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF26 ZCA2003-00003,-00004,-00005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING road quality maintenance and street maintenance for non-County number roads,and water.This is consistent with the TUSA.Tualatin Valley Fire and Rescue will continue as the fire protection and emergency service provider,TriMet will continue as the mass transit provider,and school district boundaries will remain the same. The Bull Mountain Annexation Plan also states that three services would have the following schedules: The City of Tigard will initiate transfer of county-number roads and streets within 30 days of annexation,providing Road Quality and Street Maintenance for county number roads within 1 year. Parks and open space capital project planning would be initiated within the first year,and the Comprehensive Plan update would be initiated within the first year. To serve the entire area,Public Works will acquire additional staff and equipment prior to the annexation effective date.Police can serve the area without a significant reduction in service,due to internal adjustments until additional police officers can be hired.The City will initiate the 6-month hiring/training process prior to annexation. The Bull Mountain Annexation Plan proposal complies with ORS195.220.1.c. _(d)The effects on existing urban services providers The Bull Mountain Annexation Plan quantified the effect on Washington County's services(Section IID, p.16). The Bull Mountain Annexation Plan calculated how much the Enhanced Sheriffs Patrol District, Urban Road Maintenance District, gas tax, cable franchise fees would lose in revenues, and concluded that Washington County's services or the services of its special districts would not be significantly impacted by the annexation. The Bull Mountain Annexation Plan also quantified the effect on the Tigard Water District(TWD),and concluded that the TWD would lose 83%of current accounts and 48.6% of current annual revenue. However, it does not cause the district to dissolve, as it can continue to serve its remaining customers. The Bull Mountain Annexation Plan also concluded that other service providers would not be significantly impacted: There would be no effect on Tualatin Valley Fire and Rescue since it already serves the area; and the City is already scheduled to provide sanitary and storm sewer services on January 1,2005,regardless of annexation;thus,the annexation is anticipated to have no effect on Clean Water Services. The Bull Mountain Annexation Plan proposal complies with ORS195.220.1.d. (e)The long-term benefits of the annexation plan. The Bull Mountain Annexation Plan lists nine benefits of the Plan in Section IIE, pp. 19-20:certainty, efficiency, making a smooth transition,more capital improvement dollars,urban services by an urban provider,quantifying the costs and benefits,equity,parks and unifying the community. The Bull Mountain Annexation Plan proposal complies with ORS195.220.1.e. (2)An annexation plan shall be consistent with all applicable comprehensive plans(1993 c.804¢16,1997 c 541,041 The Bull Mountain Annexation Plan is consistent with the relevant policies of the Comprehensive Plan as shown in Section N.C.of this report. i 1.ORS Chapter 222:City Boundary Changes;Mergers; Consolidations;Withdrawals. This chapter applies to some annexation decisions. However, the City has selected an annexation method that is allowed by ORS 195. ORS 195.235 states that the method of annexing territory to cities or districts set forth in ORS 195.205 to 195.225 is in addition to,and does not affect or prohibit, other methods of annexation authorized by law. [1993 c.804§18]195.235]. ORS Chapter 222 is not applicable to annexations under ORS Chapter 195. STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF26 ZCA20034)0003,-00004,-00005,-000006 -BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING B.METRO CODE STANDARDS Metro 3.09 requires additional standards to be addressed in annexation decisions,in addition to the local and state review standards. These are addressed and satisfied as discussed below: 1.Metro Code 3.09.040(a):A petition for a boundary change shall be deemed complete if it includes the following information:(1)The jurisdiction of the approving entity to act on the oetition:(2)A narrative legal and graphical description of the affected territory in the form prescribed by the Metro Chief Operating Officer.(3)For minor boundary changes,the names and mailing addresses of all persons owning property and all electors within the affected territory as shown in the records of the tax assessor and county clerk:(4)A listing of the present providers of urban services to the affected territory:(5)A listing of the proposed providers of urban services to the affected territory following the proposed boundary change:(6)The current tax assessed value of the affected territory: and(7)Any other information required by state or local law. The City's land-use application for The Bull Mountain Annexation Plan includes all of the information required by Metro Code 3.09.040(a)and has been deemed complete. 2.Metro Code 3.09.050(b) 01 Not later than 15 days prior to the date set for a change decision,the approving entity shall make available to the public a art that addresses the criteria in subsections(d)and(g)below,and that includes at a minimum the following: This report addresses Metro Code 3.09.50(b)criteria.The report is available 15 days before the hearing(July 12,2004,for a July 27,2004,hearing). (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service ORS195 defines urban services as sanitary sewers, water, fire protection, parks, open space, recreation,streets,roads and mass transit. Tigard's Comprehensive Plan policies require a review to determine that adequate capacity will be available to serve the parcels and will not significantly reduce the level of services available to the City of Tigard for the following services:sewer,water,drainage,fire protection, streets,and police.Based on the City's Comprehensive Plan requirements, The Bull Mountain Annexation Plan considers police, and sanitary and storm sewer services as urban services and addresses their provision.The Plan also addresses building and development services,and street light maintenance.Building and development services are included because of an existing County-City intergovernmental agreement which would be affected by annexation. Street light maintenance and long-range planning have been included because annexation would change service providers. The Bull Mountain Annexation Plan addresses all of these urban services in Table 4 (p. 9) and identifies local standards of urban service availability. The Bull Mountain Annexation Plan concludes in Section H.A. (p.8)that all services except recreation are available to the Plan Area.Upon annexation, the City of Tigard will be the service provider to the annexed territory for the following services:sanitary and storm sewer, water, parks and open space, road quality maintenance, street maintenance, building and development services,street light maintenance,police and long-range planning.Tualatin Valley Fire and Rescue will continue as the fire protection and emergency service provider,TriMet will continue as the mass transit provider, and school district boundaries will remain the same. Neither t Washington County nor the City of Tigard provide recreation services. i All urban services providers are established, per the Tigard Urban Service Agreement (TUSA, r Appendix D). The Bull Mountain Annexation Plan identifies two steps needed by the County to meet local standards prior to annexation:improve roads to a pavement condition index of 40 or greater,for an average of 75 or higher;establish parks system development charges(SDCs)for new development prior to annexation. if voters approve the plan, the City will hire additional personnel and obtain additional equipment needed to maintain service standards for Public Works(Streets).Tigard will assume responsibility for STAFF REPORT TO.THE CITY COUNCIL PAGE 7 OF26 ZCA2003-00003,-00004,-00005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7127104 PUBLIC HEARING County-numbered roads by agreement with the County, with the transfer of jurisdiction over those roads to occur within one year of annexation. Police can serve the area without a significant reduction in service, due to intemal adjustments until additional police officers can be hired. This schedule demonstrates that the City will maintain existing levels of service within the City and will maintain or improve levels of service within the area to be annexed. The Bull Mountain Annexation Plan proposal including the plan and this report complies with Metro Code 3.09.050(b)1. (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 entititand all necessary parties* The Bull Mountain Annexation Plan proposal complies with the Tigard Urban Service Agreement (TUSA-Appendix D).The TUSA names the City of Tigard as the ultimate service provider for the Plan Area, except for services provided by special districts and agencies. The Bull Mountain Annexation Plan follows the TUSA terms for road transfer, initiating the transfer of County numbered roads 30 days following annexation and completing the process within one year (road inventory is Plan Appendix F). The Bull Mountain Annexation Plan also complies with the provision that the City shall endeavor to annex the Bull Mountain area in the near to mid-term (3 to 5 years).All parties to the TUSA were notified of The Bull Mountain Annexation Plan proposal 45 days prior to the public hearing date. The Bull Mountain Annexation Plan proposal including the plan and this report complies with Metro Code 3.09.050(b)2. (3)A description of how the proposed boundary change is consistent wth 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 The area is within the Urban Growth Boundary-,therefore,regional plans and goals currently apply to this area.The Annexation Plan Area is currently under the jurisdiction of Washington County,and is subject to the County's Comprehensive Plan policies.There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan.The regional policies listed in the Functional Plan recommend and require changes to city and county comprehensive plans and implementing ordinances,but do not apply directly to annexations.Section N.C.of this staff report also addresses state planning goals. Section IV.C.of this report addresses the City of Tigard Comprehensive Plan.For the basis of its analysis, The Bull Mountain Annexation Plan used the Public Facilities and Assessment Report (Technical Document B). Section 3.09.050(b)2,above,addresses urban planning agreements;the Tigard Urban Service Agreement(Appendix D)applies to the proposed annexation Plan Area. i - The Bull Mountain Annexation Plan proposal including the pian and this report complies with Metro Code 3.09.050(b)3. i 1 (4)Whether the proposed boundary change will result in the withdrawal of the affected territory from { the legal boundary of any necessary party The area remains within Washington County;however,implementation of The Bull Mountain Annexation Plan proposal would require the Plan Area territory to be withdrawn from the Tigard Water District. The Bull Mountain Annexation Plan proposal including the plan and this report complies with I Metro Code 3.09.050(b)4. and(5)The proposed effective date of the decision. STAFF REPORT TO THE CITY COUNCIL PAGE 8 OF26 ZCA20g3-00003,-00004,-00005,-0)ODDB-BULL MOUNTAIN ANNEXATION PLAN 7/27104 PUBLIC HEARING The public hearing will take place on July 27,2004.If the Council adapts findings to approve The Bull Mountain Annexation Plan, the effective date of the annexation will be July 1, 2005. The Bull Mountain Annexation Plan proposal including the plan and this report complies with Metro Code 3.09.050(b)5. 3.Metro Code 3.09.050(d) (d)An approving entity's final decision on aboundary change shall include findings and conclusions addressing the following criteria: The City Council's decision will include findings and conclusions,and may include the following,which are recommended by staff: -1) Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065: The previous sections of this report showed that the proposal is consistent with the Tigard Urban Service Agreement.The proposed annexation area is the same as The Bull Mountain Annexation Plan area. (2)Consistency with directly applicable provisions of urban planning or other agreements other than agreements adonted Pursuant to ORS 195.065,between the affected entity and a necessaryyarty. The Bull Mountain Annexation Plan proposal complies with the Tigard Urban Service Agreement (TUSA-Appendix D).The TUSA names the City of Tigard as the ultimate service provider for the Plan Area, except for services provided by special districts and agencies. The Bull Mountain Annexation Plan follows the terms for transferring County numbered roads,initiating the transfer 30 days following annexation and completing the process within one year. The Bull Mountain Annexation Plan also complies with the provision that the City shall endeavor to annex the Bull Mountain area in the near to mid-term (3 to 5 years).All parties to the agreement were notified of The Bull Mountain Annexation Plan proposal 45 days prior to the public hearing date. (3)Consistency with specific directly applicable standards or criteria for boundan�changes contained in comprehensive)and use plans and public facility plans: Section W.C.of this report shows that The Bull Mountain Annexation Plan proposal is consistent with the Tigard Comprehensive Plan and applicable sections of the Community Development Code.For the basis of its analysis,The Bull Mountain Annexation Plan used the Public Facilities and Assessment Report(Technical Document B).The report examined public facility plans for the Bull Mountain area to determine future capital improvement needs and their costs. (4) Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; The area is within the Urban Growth Boundary;therefore,regional plans and goals currently apply to this area.The annexation Plan Area is currently under the jurisdiction of Washington County,and is subject to the County's Comprehensive Plan policies.There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management i Functional Plan.The regional policies listed in the Functional Plan recommend and require changes to i city and county comprehensive plans and implementing ordinances,but do not apply directly to i annexations. I I (5)Whether the proposed change will promote or not interfere with the timely,orderly and economic provisions of Public facilities and services: The Bull Mountain Annexation Plan proposal provides a phased annexation approach to provide a timely and orderly provision of public facilities and services without significantly reducing service standards to existing residents or causing a disruption in service provision.All providers have the ability to provide services to the area.This is consistent with the TUSA provisions for public facilities and services in the Plan Area. STAFF REPORT TO THE CITY COUNCIL PAGE 9 OF26 ZCA2003-00003,-00004,-00005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING (6)The territory lies within the Urban Growth Boundary:and The entire proposed annexation territory area is already within the Portland Metro UG13. (7)Consistency with other applicable criteria for the boundary change in question under state and local law. This staff report finds that The Bull Mountain Annexation Plan proposal is consistent with ORS 195.205 and 195.220,the statewide land use planning goals,the Tigard Community Development Code,and the Tigard Comprehensive Plan.The Oregon Dept.of Revenue has verified the boundary dimensions of the proposed annexation area. C.CiTY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 1E1 POLICIES Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1.Section 18.320.020: Approval Process and Standards. A Approval Process Annexations shall be Processed by means of a Type IV procedure as governed by Chapter 18.390 using standards of approval contained in Subsection 82 below. The Bull Mountain Annexation Plan application is being processed as a Type IV procedure. B.The decision 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:and Section A.3 of this report concluded that The BUY Mountain Annexation Plan proposal shows that all services and facilities are available to the area and have sufficient capacity to provide service to the proposed annexation area. 2 The applicable Comprehensive Plan policies and implementing ordinance Provisions have been satisfied Section IV.C.on p.22 demonstrates how all applicable Comprehensive Plan policies have been satisfied by the City. C Assignment of comprehensive Plan and zoning designations The comprehensive plan designation and the zoning designation placed on the property shall be the Cites zoning district which most closely implements the City's or County's comprehensive plan map designation.The assignment of these designations shall occur automatically an concurrently with the annexationin 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 mast similar A zone change is required if the applicant requests a comprehensive plan man and/or zoning map designation other than the existing designations.(See Chapter 18.380)_A request for a zone change can be processed concurrently j with an annexation application or after the annexation has been aporoved. Washington County previously adopted City of Tigard Comprehensive Plan and zoning designations j for the area.Therefore no changes are required in the comprehensive plan and zoning designations for the Plan Area,as the current designations reflect City of Tigard designations. r D.Conversion table.Table 320.1 summarizes the conversion of the County's plan and zoning designations to City designations which are most similar. Washington County has already adopted the City's zoning designations and the City will maintain these designations. STAFF REPORT TO THE CITY COUNCIL PAGE 10 OF26 ZCA2003.00M.-00004.-00005,-000005-BULL MOUNTAIN ANNEXATION PLAN 7127104 PUBLIC HEARING 2.Section 18.390.060 Tyne IV Procedure Section 18.390.060 includes the decision-making considerations in a Type IV procedure(Section G). This report will address each of the five considerations in Section G: Decision-Making Considerations. G.Decision-making considerations.The recommendation by the Commission and the decision by the Council shall be based on consideration ofthe following factors 1.The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 19T GOAL 1:CITIZEN INVOLVEMENT To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The governing body charged with preparing and adopting a comprehensive plan shall adopt and publicize a program for citizen involvement that clearly defines the procedures by which the general public will be involved in the on-going land-use planning process. The citizen involvement program shall be appropriate to the scale of the planning effort. The program shall provide for continuity of citizen participation and of information that enables citizens to identify and comprehend the issues. Federal, state and regional agencies,and special-purpose districts shaff coordinate their planning efforts with the affected governing bodies and make use of existing local citizen involvement programs established by counties and cities. Response: The City's existing Comprehensive Plan and implementing regulations are in compliance with Goal 1 by providing a comprehensive public process for development and application of all land use regulations. The Bull Mountain Annexation Plan does not alter those provisions and the City's regulations therefore remain in compliance with Goal 1. in regard to the Bull Mountain Annexation Plan specifically,the City established opportunities for public involvement. The City established a communications plan prior to finalizing the original proposal, submitting the land-use application and mailing of the public notice. To involve the public prior to the formal land-use process,the City established a Bull Mountain hotline and dedicated E-mail address on September 23,2003,for comments and questions regarding the Plan. This policy requires an ongoing citizen involvement program. On May 20, 2004, the Committee for Citizen Involvement met and reviewed the communications plan for The Bull Mountain Annexation Plan and provided comments to enhance the program. Notice of the public hearing was mailed to all CIT facilitators,the Washington County CPO coordinator, C affected property owners,and surrounding property owners within 500 feet of the Plan Area.Notice of the public hearinM was scheduled to be published in two newspapers of general circulation:The Tigard Times on July 8 and July 15'", and the Oregonian on July 15d'and July 22nd. The Plan Area was posted in 13 locations on June 11,2004. i There also will be a public hearing during the Type IV processing of this application and petition. The proposed annexation,including the process,is consistent with Goal 1. GOAL 2:LAND USE PLANNING PART I—PLANNING STAFF REPORT TO THE CITY COUNCIL PAGE 11 OF26 ZCA2003.00,400004,-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. City, county, state and federal agency and special district plans and actions related to land use shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS Chapter 268. All land use plans shall include identification of issues and problems, inventories and other factual information for each applicable statewide planning goal, evaluation of alternative courses of action and ultimate policy choices, taking into consideration social, economic, energy and environmental needs. The required information shall be contained in the plan document or in supporting documents. The plans,supporting documents and implementation ordinances shall be filed in a public office or other place easily accessible to the public. The plans shall be the basis for specific implementation measures. These measures shall be consistent with and adequate to carry out the plans. Each plan and related implementation measure shall be coordinated with the plans of affected governmental units. All land-use plans and implementation ordinances shall be adopted by the governing body after public hearing and shall be reviewed and, as needed, revised on a periodic cycle to take into account changing public policies and circumstances,in accord with a schedule set forth in the plan. Opportunities shall be provided for review and comment by citizens and affected governmental units during preparation,review and revision of plans and implementation ordinances. Response: The City is currently in compliance with Goal 2 because it has an acknowledged Comprehensive Plan and regulations implementing the Plan. The Bull Mountain Annexation Plan is being processed consistently with the planning policies in the Comprehensive Plan. The proposed annexation and process is consistent with Goal 2. GOAL 3:AGRICULTURAL LANDS To preserve and maintain agricultural lands. Response: The territory to be annexed does not include designated agricultural land, so this goal does not apply- GOAL pplyGOAL 4:FOREST LANDS C To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. r Response: The territory to be annexed does not include any designated forest lands, so this goal does not apply. STAFF REPORT TO THE CITY COUNCIL PAGE 12 OF26 ZCA200a-00003:-M",-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/64 PUBLIC HEARING GOAL 5_NATURAL RESOURCES SCENIC AND HISTORIC AREAS AND OPEN SPACES To protect natural resources and conserve scenic and historic areas and open spaces. Local governments shall adopt programs that will protect natural resources and conserve scenic, historic,and open space resources for present and future generations. These resources promote a healthy environment and natural landscape that contribute to Oregon's livability. The following resources shall be inventoried: a.Riparian corridors,including water and riparian areas and fish habitat, b. Wetlands; c. Wildlife Habitat; d.Federal Wild and Scenic Rivers, e. State Scenic Waterways; f. Groundwater Resources; g.Approved Oregon Recreation Trails; h.Natural Areas, I. Wilderness Areas, j.Mineral and Aggregate Resources; k.Energy sources; 1. Cultural areas. Local governments and state agencies are encouraged to maintain current inventories of the following resources: a.Historic Resources; b. Open Space; c.Scenic Views and Sites. Following procedures,standards,and definitions contained in commission rules,local governments shall determine significant sites for inventoried resources and develop programs to achieve the goal. Response: This Goal does not directly apply to annexations.The City is already in compliance with Goal 5 as to all required inventories_ However, the City has been working with Metro, Washington County and other partners to identify regionally significant riparian and wildlife resources both in the City and on Bull Mountain,and to develop a program to enhance and protect those resources. The Bull Mountain Annexation Plan includes open space projects such as the Cache Creek Nature Park. (See Annexation Plan, Table 4, p. 9.).As part of the City's Comprehensive Plan update process, the City would update the existing Comprehensive Plan and address this goal. w The proposed annexation will allow Goal 5 to continue to be complied with within the proposed i annexation area. i GOAL 6:AIR, WATER AND LAND RESOURCES QUALITY To maintain and improve the quality of the air, water and land resources of the state. All waste and process discharges from future development, when combined with such discharges from existing developments shall not threaten to violate, or violate applicable state or federal environmental quality statutes, rules and standards. With respect to the air, water and land resources of the applicable air sheds and river basins described or included in state environmental quality statutes, rules, standards and implementation plans, such discharges shag not(1) exceed STAFF REPORT TO THE CITY COUNCIL PAGE 13 OF26 ZCA2003-00003,-00004,-00005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7127/04 PUBLIC HEARING the carrying capacity of such resources, considering long range needs; (2) degrade such resources;or(3)threaten the availability of such resources. Response: This Goal does not directly apply to annexations. The City's Comprehensive Plan has been acknowledged as being in compliance with Goal 6. Any development proposed after annexation would have to be approved under the City's implementing regulations. The proposed annexation would allow Goal 6 to continue to be complied with within the proposed annexation area. GOAL 7:AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS To protect life and property from natural disasters and hazards. A.NATURAL HAZARD PLANNING 1. Local governments shall adopt comprehensive plans (inventories, policies and implementing measures)to reduce risk to people and property from natural hazards. 2. Natural hazards for purposes of this goal are: floods (coastal and riverine), landslides, earthquakes and related hazards,tsunamis, coastal erosion,and wildfires. Local governments may identify and plan for other natural hazards. B.RESPONSE TO NEW HAZARD INFORMATION 1. New hazard inventory information provided by federal and state agencies shall be reviewed by the Department in consultation with affected state and local government representatives. 2. After such consultation, the Department shall notify local governments if the new hazard information requires a local response. 3. Local governments shat/respond to new inventory information on natural hazards within 36 months after being notified by the Department of Land Conservation and Development, unless extended by the Department. C.IMPLEMENTATION Upon receiving notice from the Department,a local government shall: 1. Evaluate the risk to people and property based on the new inventory information and an assessment of: a.the frequency,severity and location of the hazard; b.the effects of the hazard on existing and future development; c. the potential for development in the hazard area to increase the frequency and severity of the hazard;and d.the types and intensities of land uses to be allowed in the hazard area. i 2. Allow an opportunity for citizen review and comment on the new inventory information and the results of the evaluation and incorporate such information into the comprehensive plan, as necessary. 3.Adopt or amend, as necessary, based on the evaluation of risk,plan policies and implementing measures consistent with the following principles: a. avoiding development in hazard areas where the risk to people and property cannot be mitigated;and STAFF REPORT TO THE CnY COUNCIL PAGE 14 OF26 ZCA2003-00003,-0p004,-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27104 PUBLIC HEARING b. prohibiting the siting of essential facilities, major structures, hazardous facilities and special occupancy structures, as defined in the state building code (ORS 455.447(1) (a)(b)(c) and (e)), in identified hazard areas, where the risk to public safety cannot be mitigated, unless an essential facility is needed within a hazard area in order to provide essential emergency response services in a timely manner. 4. Local governments will be deemed to comply with Goal 7 for coastal and riverine flood hazards by adopting and implementing local floodplain regulations that meet the minimum National Flood Insurance Program(NFIP)requirements. D. COORDINATION 1. In accordance with ORS 197.180 and Goal 2, state agencies shall coordinate their natural hazard plans and programs with local governments and provide local governments with hazard inventory information and technical assistance including development of model ordinances and risk evaluation methodologies. 2. Local governments and state agencies shall follow such procedures, standards and definitions as may be contained in statewide planning goals and commission rules in developing programs to achieve this goal. Response: This Goal does not directly apply to annexations. The City's Comprehensive Plan is acknowledged to be in compliance with this Goal. The proposed annexation is consistent with Comprehensive Plan policies. Any development in the annexation Plan Area must follow the City's acknowledged implementing regulations relating to natural hazards. As part of the City's Comprehensive Plan update process, the City would update the existing Comprehensive Plan and address this goal. The proposed annexation would allow Goal 7 to continue to be complied with within the proposed annexation area. GOAL 8:RECREATIONAL NEEDS To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. RECREATION PLANNING The requirements for meeting such needs, now and in the future, shall be planned for by governmental agencies having responsibility for recreation areas, facilities and opportunities:(1)in coordination with private enterprise;(2)in appropriate proportions;and(3)in such quantity, quality and locations as is consistent with the availability of the resources to meet such requirements. State and federal agency recreation plans shall be coordinated with local and regional recreational i needs and plans. 1 DESTINATION RESORT SITING 1 Comprehensive plans may provide for the siting of destination resorts on rural lands subject to the provisions of the Goal and without a Goal 2 exception to Goals 3,4, 11, or 14. Response: This Goal does not directly apply to annexations. The Comprehensive Plan has been acknowledged to be consistent with Goal 8, and the proposed annexation is consistent with the STAFF REPORT TO THE CITY COUNCIL PAGE 15 OF26 zcAmw-000w,-00004,00005, 000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING Comprehensive Plan. The proposed Bull Mountain Annexation Plan includes Parks and Open Space planning, which would be initiated within the first year as part of the Comprehensive Plan update. (See Annexation Plan, Table 4, p. 9.) The City's Comprehensive Plan update would address recreational needs. The proposed annexation would allow Goal 8 to continued to be complied with within the annexation area. The Destination Resort provisions of this Goal are not applicable. GOAL 9:ECONOMIC DEVELOPMENT To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare,and prosperity of Oregon's citizens. Comprehensive plans and policies shall contribute to a stable and healthy economy in all regions of the state. Such plans shall be based on inventories of areas suitable for increased economic growth and activity after taking into consideration the health of the current economic base; materials and energy availability and cost;labor market factors;educational and technical training programs; availability of key public facilities; necessary support facilities; current market forces; location relative to markets; availability of renewable and non-renewable resources;availability of land,and pollution control requirements.Comprehensive plans for urban areas shall: 1. Include an analysis of the community's economic patterns, potentialities, strengths, and deficiencies as they relate to state and national trends; 2. Contain policies concerning the economic development opportunities in the community, 3. Provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses consistent with plan policies; 4. Limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. In accordance with ORS 197.180 and Goal 2,state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies,cities and counties. Response: This Goal does not directly apply to annexations. The Comprehensive Plan has been acknowledged to be consistent with Goal 9, and the annexation is consistent with Comprehensive Plan policies.As part of the City's Comprehensive Plan update process,the City would update the existing Comprehensive Plan and address this goal. The proposed annexation would allow Goal 9 to continued to be complied with within the annexation area. i GOAL 10:HOUSING i To provide for the housing needs of citizens of the state. 1 Buildable lands for residential use shall be inventoried and plans shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location,type and density. $TAPE REPORT TO THE CITY COUNCIL PAGE 16 OF26 WA200340003 40DO4,00005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING Response: This Goal does not directly apply to annexations.The Comprehensive Plan has been acknowledged to be consistent with Goal 10,and the proposed annexation is consistent with Comprehensive Plan.The proposed annexation would bring 1,376 acres of residential land and approximately 2,600 homes into the City.The Plan Area includes a diversity of residential zoning, from R-4.5 to R-25,offering housing at different densities.Washington County previously adopted City of Tigard Comprehensive Plan and zoning designations for the area.Therefore no changes are required in the comprehensive plan and zoning designations for the Plan Area,as the current designations reflect City of Tigard designations. As part of the City's Comprehensive Plan update process, the City would update the existing Comprehensive Plan and address this goal. The proposed annexation would allow Goal 8 to continued to be complied with within the annexation area. GOAL 11:PUBLIC FACILITIES AND SERVICES To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Urban and rural development shall be guided and supported by types and levels of urban and rural public facilities and services appropriate for, but limited to, the needs and requirements of the urban, urbanizable, and rural areas to be served. A provision for key facilities shall be included in each plan. Cities or counties shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. To meet current and long- range needs, a provision for solid waste disposal sites, including sites for inert waste, shall be included in each plan. Counties shall develop and adopt community public facility plans regulating facilities and services for certain unincorporated communities outside urban growth boundaries as specified by Commission rules. Counties Local Governments shall not allow the establishment or extension of new sewer systems outside urban growth boundaries or unincorporated community boundaries, or allow new extensions of sewer lines from within urban growth boundaries or unincorporated community boundaries to serve land outside those boundaries, except where the new or extended system is the only practicable alternative to mitigate a public health hazard and will not adversely affect farm or forest land. For land that is outside urban growth boundaries and unincorporated community boundaries, county land use regulations shall not rely upon the establishment or extension of a water system to authorize a higher residential density than would be authorized without a water system. Local governments shall not rely upon the presence, establishment, or extension of a water or sewer system to allow residential development of land outside urban growth boundaries or unincorporated community boundaries at a density higher than authorized without service from such a system. i j in accordance with ORS 197.180 and Goal 2, state agencies that provide funding for transportation, water supply, sewage and solid waste facilities shall identify in their coordination programs how they will coordinate that funding with other state agencies and with the public facility plans of cities and counties. Response: The Tigard Comprehensive Plan has been acknowledged to be consistent with Goal 11, and the proposed annexation is consistent with the Comprehensive Plan (see Section N.C.). PAGE STAFF REPORT TO THE CITY COUNCIL ZCA2003-00008,-000p4 .000006 "00005• -BULL MOUNTAIN ANNEXATION PLAN 7r27/04 PUBLIC HEARING ORS195 defines urban services as sanitary sewers, water, fire protection, parks, open space, recreation,streets,roads and mass transit. Tigard's Comprehensive Plan policies require a review to determine that adequate capacity will be available to serve the parcels and will not significantly reduce the level of services available to the City of Tigard for the following services:sewer,water,drainage,fire protection, streets,and police. Based on the City's Comprehensive Plan requirements, The Bull Mountain Annexation Plan considers police, and sanitary and storm sewer services as urban services and addresses their provision.The Plan also addresses building and development services,and street light maintenance.Building and development services are included because of an existing County-City intergovernmental agreement which would be affected by annexation. Street light maintenance and long-range planning have been included because annexation would change service providers. The Bull Mountain Annexation Plan addresses all of these urban services in Table 4 (p. 9) and identifies local standards of urban service availability. The Bull Mountain Annexation Plan concludes in Section II.A. (p.8)that all services except recreation are available to the Plan Area.Upon annexation, the City of Tigard will be the service provider to the annexed territory for the following services:sanitary and storm sewer, water, parks and open space, road quality maintenance, street maintenance, building and development services,street light maintenance,police and long-range planning.Tualatin Valley Fire and Rescue will continue as the fire protection and emergency service provider,TriMet will continue as the mass transit provider, and school district boundaries will remain the same. Neither Washington County nor the City of Tigard provide recreation services. All urban services providers are established, per the Tigard Urban Service Agreement (TUSA, Appendix D). The Bull Mountain Annexation Plan identifies two steps needed by the County to meet local standards prior to annexation:improve roads to a pavement condition index of 40 or greater,for an average of 75 or higher,establish parks system development charges(SDCs)for new development prior to annexation. If voters approve the annexation plan, the City will hire additional personnel and obtain additional equipment needed to maintain service standards for Public Works (Streets). Tigard will assume responsibility for County-numbered roads by agreement with the County, with the transfer of jurisdiction over those roads to occur within one year of annexation_Police can serve the area without a significant reduction in service, due to internal adjustments until additional police officers can be hired.This schedule demonstrates that the City will maintain existing levels of service within the City and will maintain or improve levels of service within the area to be annexed. The City and other service providers who would continue to provide services after annexation have the capacity to provide services in the proposed annexation area, assuring a timely, orderly and efficient arrangement of public facilities and services. Those services would serve as a framework for urban development of Bull Mountain. The proposed annexation is consistent with Goal 11. i kAL 12:TRANSPORTATION i i To provide and encourage a safe, convenient and economic transportation system. i A transportation plan shall (1) consider all modes of transportation including mass transit, air, water, pipeline, rail, highway, bicycle and pedestrian; (2) be based upon an inventory of local, regional and state transportation needs, (3) consider the differences in social consequences that would result from utilizing differing combinations of transportation modes; (4) avoid principal reliance upon any one mode of transportation; (5) minimize adverse social, economic and environmental impacts and costs; (6) conserve energy; (7) meet the needs of the transportation disadvantaged by improving transportation services;(8)facilitate the flow of goods and services so as to strengthen the local and regional economy; and (9) conform with local and regional STAFF REPORT TO THE CITY COUNCIL PAGE 18 OF26 ZCA2IX18-00003,-00004,-00005,000006-BULL MOUNTAIN ANNEXATION PLAN 7127/04 PUBLIC HEARING comprehensive land use plans. Each plan shall include a provision for transportation as a key facility. Response: This Goal does not directly apply to annexations. Under the Annexation Plan, the City would accept responsibility for the Bull Mountain area's streets and roads,with the transfer from County jurisdiction complete within one year of the annexation.(See Annexation Plan,p.11.) The Comprehensive Plan has been acknowledged to be consistent with Goal 12,and the proposed annexation is"consistent with the Comprehensive Plan. The proposed annexation would allow Goal 12 to continued to be complied with within the annexation area. GOAL 13:ENERGY CONSERVATION To conserve energy. Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy,based upon sound economic principles. Response: This Goal does not directly apply to annexations. The Comprehensive Plan has been acknowledged to be consistent with Goal 13, and the proposed annexation is consistent with the Comprehensive Plan. Any development in the annexation area must satisfy the City's implementing regulations.As part of the City's Comprehensive Plan update process,which would be initiated after annexation,the City would update the existing Comprehensive Plan and address this goal. The proposed annexation would allow Goal 13 to continued to be complied with within the annexation area. GOAL 14: URBANIZATION To provide for an orderty and efficient transition from rural to urban land use. Urban growth boundaries shall be established to identify and separate urbanizable land from rural land. Establishment and change of the boundaries shall be based upon considerations of the following factors: (1) Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC goals; (2)Need for housing,employment opportunities,and livability; i (3)Orderly and economic provision for public facilities and services; i i � (4)Maximum efficiency of land uses within and on the fringe of the existing urban area; I I (5)Environmental,energy,economic and socia!consequences; (6)Retention of agricultural land as defined,with Class l being the highest priority for retention and Class Vl the lowest priority;and, (7)Compatibility of the proposed urban uses with nearby agricultural activities. STAFF REPORT To THE CITY COUNCIL PAGE 19 OF26 ZCA2W3-00003,-00004,-00005,-000006•BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING The results of the above considerations shall be included in the comprehensive plan.In the case of a change of a boundary, a governing body proposing such change in the boundary separating urbanizable lands from rural land, shall follow the procedures and requirements as set forth in the Land Use Planning goal(Goal 2)for goal exceptions.Any urban growth boundary established prior to January 1, 1975, which includes rural lands that have not been built upon shall be reviewed by the governing body, utilizing the same factors applicable to the establishment or change of urban growth boundaries. Establishment and change of the boundaries shall be a cooperative process between a city and the county or counties that surround it. Land within the boundaries separating urbanizable land from rural land shall be considered available over time for urban uses. Conversion of urbanizable land to urban uses shall be based on consideration of.- (1)Orderly,economic provision for public facilities and services, (2)Availability of sufficient land for the various uses to insure choices in the market place; (3)LCDC goals or the acknowledged comprehensive plan;and, (4) Encouragement of development within urban areas before conversion of urbanizable areas. In unincorporated communities outside urban growth boundaries counties may approve uses, public facilities and services more intensive than allowed on rural lands by Goal 11 and 14, either by exception to those goals, or as provided by Commission rules which ensure such uses do not: (1)adversely affect agricultural and forest operations, and (2)interfere with the efficient functioning of urban growth boundaries. Notwithstanding the other provisions of this goal, the commission may by rule provide that this goal does not prohibit the development and use of one single-family dwelling on a lot or parcel that: (a)was lawfully created, (b) lies outside any acknowledged urban growth boundary or unincorporated community boundary, (c) is within an area for which an exception to Statewide Planning Goal 3 or 4 has been acknowledged;and (d)is planned and zoned primarily for residential use. Response: The Comprehensive Plan has been acknowledged to be consistent with Goal 14, and the annexation is consistent with the Comprehensive Plan(see Section IV.C). The proposed annexation into the City is an important step in the orderly and efficient transition from rural to urban land use in the Bull Mountain area. State land-use planning goals require the UGB to contain a 20-year supply of land,and,when conditions warrant, lands within the boundary must be available for urban uses.Washington County and Bull Mountain residents developed the 1983 Bull Mountain Community Plan, which assigned urban densities to the area but did not provide for all urban services_ However,Goal 14 directs local governments to have a plan in place to allow for an orderly and efficient transition from rural to urban uses. In 1983,the County and City signed the Urban Planning Area Agreement(UPAA). The UPAA established Bull Mountain as part of the City's planning area. Over the last 20 years,the area has become urbanized with streets, sidewalks, and urban service needs. (See Annexation Plan Introduction,p. 1.) The territory to be annexed is entirely inside the UGB. (See Map 1, Annexation Plan, p. 4.) The City and other service providers who would continue to provide services after annexation have the capacity to provide services in the proposed annexation area,based on the Tigard Urban Service Agreement(TUSA) (See Appendix D to the STAFF REPORT TO THE CITY COUNCIL PAGE 20 OF26 ZCA2003.00003,-0OOOM1,-00005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING Annexation Plan.)The TUSA provides a plan for public services and facilities for the Bull Mountain area. There are approximately 7,600 residents living in 2,600 homes on the mountain's 1,376 unincorporated acres(2003 estimates).Development of the remaining land would raise the overall population to just under 10,000. This additional growth would require additional facilities and services. Without annexation, the City has limited ability to plan for, provide for, and manage growth outside its City limits to ensure that efficient and effective public facilities and services are available when needed,as it cannot do comprehensive planning outside its City limits. State law created the annexation plan process as a growth management tool for jurisdictions:the plan must address criteria related to urban service provision to the Plan Area,and is a pre-requisite for an annexation vote by the annexing city and Pian Area. Using existing service agreements among agencies, cost-benefit analyses, and the 2003 Public Facilities and Services Assessment Report, the Plan addresses all criteria set forth by state law ORS195: the provision (how and when) of urban services, annexation's impact on existing providers, the timing and sequence of annexation,and the Plan's long-term benefits. The Plan also follows Tigard Comprehensive Plan policies,which require a review to determine that services can be provided to the annexed area and their provision would not significantly reduce service levels to the City of Tigard. Based on these criteria and previous research,the Plan provides a proposal for extending urban services and transferring households to Tigard in an organized and efficient manner. The Bull Mountain Annexation Plan would complete the last phase in the Goal 14 urbanization process by providing urban services to areas built at urban densities. The proposed annexation is consistent with Goal 14. GOAL 15:WILLAMETTE RIVER GREENWAY To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Response: This Goal is not applicable to this proposed annexation because the area being annexed is not within the Willamette River Greenway area_ GOAL 16:ESTUARINE RESOURCES To recognize and protect the unique environmental, economic, and social values of each estuary and associated wetlands; and To protect, maintain, where appropriate develop, and where appropriate restore the long-term environmental, economic, and social values, diversity and benefits of Oregon's estuaries. Response: i iThis Goal is not applicable to this proposed annexation because the area to be annexed is not in or near an estuary. GOAL 17.-COASTAL SHORELANDS To conserve,protect, where appropriate,develop and where appropriate restore the resources and benefits of all coastal shorelands, recognizing their value for protection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources and recreation and aesthetics. The management of these shoreland areas shall be compatible with the characteristics of the adjacent coastal waters, and To reduce the hazard to human life and property, and the STAFF REPORT TO THE CITY COUNCIL PAGE 21 OF26 2CA2003.00003,4=04,-09005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27104 PUBLIC HEARING adverse effects upon water quality and fish and wildlife habitat, resulting from th& use and enjoyment of Oregon 's coastal shorelands. Response: Tnis Goal is not applicable to this proposed annexation because the area to be annexed is not in or near a coastal shoreland. GOAL 18:BEACHES AND DUNES To conserve,protect, where appropriate develop,and where appropriate restore the resources and benefits of coastal beach and dune areas; and To reduce the hazard to human life and property from natural or man-induced actions associated with these areas. Response: This Goal is not applicable to this proposed annexation because the area being annexed is not within a coastal beach or dune area. GOAL 19:OCEAN RESOURCES To conserve marine resources and ecological functions for the purpose of providing long-term ecological,economic, and social value and benefits to future generations. Response: This Goal is not applicable to this proposed annexation because it is not in or near the ocean. 2.Section 18.390.060 Type IV Procedure G.Decision-making considerations. 2.Any federal or state statutes or regulations found applicable: The Bull Mountain Annexation Plan complies with ORS 195.205 and _220,as detailed in Section IV.A of this report.No federal statutes apply to annexations. 2.Section 18.390.060 Type IV Procedure G.Decision-making considerations. 3.Any applicable METRO regulations: The Bull Mountain Annexation Plan complies with Metro Code Chapter 3.09,as detailed in Section IV.B of this report. 2.Section 18.390.060 Type IV Procedure G.Decision-making considerations. 4.Any applicable comprehensive plan policies; 1 Policy 2.1.1:The City shall maintain an ongoing Oizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process This City maintains an ongoing citizen involvement program.Notice of the public hearing was mailed to all CIT facilitators, the Washington County CPO coordinator, CP0413, affected property owners, and surrounding property owners within 500 feet of the Plan Area. Notice of the public hearing was scheduled to be published in two newspapers of general circulation:The Tigard Times on July 8"'and July 15°h,and the Oregonian on July 15ti'and July 22nd. The Plan Area was posted in 13 locations on June 11,2004. STAFF REPORT TO THE CITY COUNCIL PAGE 22 OF26 'ZCA2003•00W3,-00OD4,-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27104 PUBLIC HEARING The City established a communications approach prior to finalizing the original proposal,submitting the land-use application and mailing of the public notice.To involve the public prior to the formal land-use process,the City established a Bull Mountain hotline and dedicated E-mail address on September 23, 2003, for comments and questions regarding the Plan. In order to facilitate the public hearing proceedings, inform the public, and aid the public in navigating the process, the Bull Mountain Communications Plan was developed and presented to City Council on April 20,2004.Council agreed to proceed as outlined in the plan. On May 20, 2004, the Committee for Citizen Involvement met and reviewed the Bull Mountain Communications Plan for The Bull Mountain Annexation Plan and provided comments to enhance the program. The Bull Mountain Annexation Plan complies with policy 2.1.1. 2.Policy 10.1.1: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 ifdeveloped to the most intense use allowed'(most intense use allowed by the conditions of approval the zone or the Comprehensive Plan),and will not sioniFcantly reduce the level of services available to developed and undeveloped land within the City of Tigard.The services are: 1.Water 2.Sewer 3.Drainage 4.Streets 5.Police.and 6.Fire Protection. This policy requires that there is adequate capacity to serve the annexed parcels if developed to the most intense use allowed,and without significantly reducing the level of services available to the existing City. The Bull Mountain Annexation Plan proposal addresses all six services above.The City has reviewed these six services,along with additional urban services to be provided to the area(The Bull Mountain Annexation Plan,Table 4,p.9).Currently,all urban services are available to the Plan Area except for parks and recreation.Upon annexation, The Bull Mountain Annexation Plan proposal states that all urban services—including parks and open space—would continue to be available to the Plan Area, per the Tigard Urban Service Agreement(TUSA-2003)with all providers. If the annexation is approved,all fisted services will be provided throughout the entire expanded city without significant reduction in the level of services provided to developed and undeveloped land within the City of Tigard. All currel4t and future service providers for this area received notice of The Bull Mountain Annexation Plan proposal,as well as parties to the Tigard Urban Service Agreement,which includes the City of Tigard Police,Engineering,Public Works and Water Departments,Tigard Water District,Metro Area Communications,NW Natural Gas,AT&T Cable,TriMet,PGE,Verizon,Qwest,Comcast Cable,the Beaverton School District,the Tigard-Tualatin School District,Tualatin Valley Water District,Tualatin Hills Park and Recreation District,Clean Water Services,and Tualatin Valley Fire and Rescue.None of the providers offered objections or indicated that there would be a lack of service capacity for this proposal. The Bull Mountain Annexation Plan complies with Policy 10.1.1.(a). STAFF REPORT TO THE CITY COUNCIL PAGE 23 OF26 ZCA2003-00003.-00004.-00005,-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING 3.Policy 10.1.1 IN- ff required by an adopted capital improvements program ordinance the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: I. The formation of a local improvement district(LID)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 streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special serwoe district for any ofthe above services This criterion does not apply:No capital improvements program requires a nonremonstrance agreement under these circumstances. 4.Policy 10.1.1.(c) The City shall provide urban services to areas within the Tigard Urban Planninq Area or within the Urban Growth Boundary upon annexation Under The Bull Mountain Annexation Plan proposal,the City would provide urban services to the Plan Area upon annexation. This is consistent with the Tigard Urban Service Agreement (TUSA-2003, Appenr;ix D). All services would be provided upon annexation, and the majority would be provided immediately.The proposal states that the City would initiate transfer of County numbered roads and streets within 30 days of annexation, completing the transfer within one year of the effective annexation date. Following annexation, Tigard would initiate capital project planning for Parks and Open Space for the Plan Area.The planning would take place as part of the City's Comprehensive Pian update process,which would be initiated after annexation. The Bull Mountain Annexation Plan complies with Policy 10.1.1. (c). 5.Pollcv 10.1.2 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 Docket"or island"of unincorporated territory. The City's map shows that the annexation of the north subarea would eliminate five islands of unincorporated territory(Map 1,p.4). The Bull Mountain Annexation.Plan complies with Policy 10.1.2. (a)- bL 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 If the annexation is approved,it will not create an irregular boundary and will simplify boundary lines and result in more regular boundaries,which will make it easier to determine which properties are i within the City. The Bull Mountain Annexation Plan complies with Policy 10.1.2.(b). j c)The Police Department has commented noon the annexation i The Police Department commented on The Bull Mountain Annexation Plan,concluding that it can i provide service without significantly reducing services to existing residents.The Bull Mountain Annexation Plan complies with Policy 10.1.2.(c). d)The land is located within the Tigard Urban Planning Area and is contiguous to the city boundary The Plan Area is located within the Tigard Urban Service Area,per The Bull Mountain Annexation Plan and verified by the Tigard Urban Service Agreement (TUSA-Appendix D,Map A).The Plan Area is contiguous to the City limits. The Bull Mountain Annexation Plan complies with Policy 10.1.2.(d). STAFF REPORT TO THE CITY COUNCIL PAGE 24 OF26 ZCA2003-00003,-00004.-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7!27/04 PUBLIC HEARING el The annexation can be accommodated by the services listed in 101 1(A) The Bull Mountain Annexation Plan states that all urban services could and would be provided to the Plan Area,per the Tigard Urban Service Agreement(TUSA-2003).Water,sewer,drainage,streets, police,and fire protection would all be provided upon annexation,and street maintenance for County numbered roads would be initiated 30 days following annexation and completed within one year,with Washington County to continue to provide maintenance in the interim.The Bull Mountain Annexation Plan complies with Policy 10.1.2.(e). The Bull Mountain Annexation Plan proposal complies with Policy 10.1.2. 6.Policy 10.1.3 Upon annexation ofland into the City which carries a Washington County Zoning Designation,the City of Tigard shalt assign the City of Tigard zoning district desianation which most closely Conforms to the County zoning designation. Washington County previously adopted City of Tigard Comprehensive Plan and zoning designations for the area.Because the proposed annexation territory is in the Urban Services Area,the equivalent zoning has already been attached to the property,therefore,the property does not need to be rezoned upon annexation.Therefore no changes are required in the comprehensive plan and zoning designations for the Plan Area,as the current designations reflect City of Tigard designations. The Bull Mountain Annexation Plan proposal Complies with Policy 10.1.3. 2.Section 18.390.060 Type IV Procedure G.Decision-making considerations. 5 Any applicable provisions of the City's implementing ordinances There are no specific implementing ordinances that apply to The Bull Mountain Annexation Plan. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering,Building,Police Department, Tualatin Valley Fire and Rescue,Public Works,and the Water Department have all received this proposal and have offered no objections to the annexation proposal. SECTION VI. AGENCY COMMENTS Metro Area Communications,NW Natural Gas,AT&T Cable,Tri-Met,PGE,Verizon, Qwest,Comcast Cable,the Beaverton School District,the Tigard Tualatin School District,Tualatin Valley Water District, Tualatin Hills Park and Recreation District, Clean Water Services,and the Tualatin Valley Fire and Rescue all received the annexation request and did not object to the proposal. The Tigard-Tualatin I School District emphasized that the annexation proposal would not affect school district boundaries. The Department of Environmental Quality commented that it recommends that agricultural lands being i converted to residential or commercial uses be evaluated for pesticides prior to conversion,if it is suspected they have residuals. This is not applicable to this annexation, as the plan area is already i part of the urban planning area and has already been converted to residential use. i BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2003-00003, 2003-00004, 2003-00005, 2003-00006—BULL MOUNTAIN ANNEXATION PLAN. STAFF REPORT TO THE CITY COUNCIL PAGE 25 OF26 ZCA2003-00003,-00004,-00005.-000006-BULL MOUNTAIN ANNEXATION PLAN 7/27104 PUBLIC HEARING July 11,2004 PREPARED BY: Beth t.Amend DATE Associate Planner (�- �ivlN July 11,2004 APPROVED BY: Barbara Shields DATE Long-Range Planning Manager i i i i I r STAFF REPORT TO THE CITY COUNCIL PAGE 26 OF26 ,ZCA2003-00003,-00004,4=05,-000008-BULL MOUNTAIN ANNEXATION PLAN 7/27/04 PUBLIC HEARING Appendix A CITY OF TIGARD,OREGON RESOLUTION NO.03--L(a- A RESOLUTION DIRECTING STAFF TO BOLD A PUBLIC HEARING IN JULY,2004 ON THE BULL MOUNTAIN ANNEXATION PLAN AND PLACE THE BALLOT MEASURE BEFORE THE .WffL !TORATE IN NOVEMBER,2004. WHEREAS,for over 20 years,the City of Tigard and Washington County have recognized that Bull Mountain and its citizens would be best served by the City of Tigard;and WHEREAS,one of Council's goals is to establish an annexation policy for unincorporated non-island areas; and WHEREAS,the City of Tigard,along with Washington County began looldng at the benefits and costs of annexing the Bull Mountain area in March 2001;and WHEREAS,the Bull Mountain Annexation study was completed in 2002,after input from Bull Mountain residents,which identifies potential costs and revenues for the area;and WHEREAS,in order to gage the public support for a potential annexation, a survey was conducted of registered voters in the unincorporated Bull Mountain area and the City of Tigard;and WHEREAS,the Draft Facilities and Services Assessment Report for the Bull Mountain Area was presented to,Council in June and July 2003;and WHEREAS, ORS 195.220 authorizes "annexation plan"type annexations which allows territory to be annexed if a majority of all of the votes cast in the territory and the city favor the annexation plan;and WHEREAS, there are several steps leading up to an election on an annexation plan,including preparation of an annexation plan,public outreach,public hearing,preparation of ballot title,election,etc.;and WHEREAS, Council has considered the alternatives and determined that an annexation plan type of annexation is the most efficient and effective means to provide unincorporated Bull Mountain and Tigard residents the opportunity to decide on the issue of annexation while also addressing the City of Tigard and Washington County goals of annexing the unincorporated Bull Mountain area;and L WHEREAS,per the Urban Service Intergovernmental Agreement between the City of Tigard and Washington County,the County shall allow the City to collect a Park System Development Charge (SDC)for new development for the period between the approval date of the Annexation.Plan and the effective date of the annexation; WHEREAS,Council reviewed and discussed the Bull Mountain Annexation Plan at the Dec.2 and Dec. 16,2003 and determined that the Plan meets the approval criteria as identified in ORS 195 and 222, J Metro Code Chapter 3.09;Tigard Community Code Chapter 18; RESOLUTION N0.03- �O Page 1 L-%CDAD UUiSOL.VftON I2-16-03Aoe WHEREAS,after receiving public testimony and submittals at the December 2,2003 public hearing, Council determined that additional time is needed to work with Washington County and the public to communicate the benefits of the Bull Mountain Annexation Plan recommendations and to place the Plan before the voters. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council directs staff to form appropriate subcommittees,consisting of Washington County representatives,Tigard residents,and unincorporated Bull Mountain residents to provide additional time for public discussion and review of key benefits of the Bull Mountain Annexation Plan; SECTION 2: Council will review subcommittee work by July 2004 and consider placing the Bull Mountain Annexation Pian on the November 2004 ballot with a July 1,2005 annexation date; SECTION 3: Council requests that the Washington County Board of Commissioners accept this resolution as a commitment from the Tigard City Council and begin collecting parks System Development Charges in the unincorporated area to set the funds aside until the effective annexation date; SECTION 3: This resolution is effective immediately upon passage. PASSED: This 1 day of Cram, 2003. v Mayor Pro Tem—City of Tigard ATTEST: 6 K Greer A.Gaston,Deputy City Record- 3 0 u , RESOLUTION NO.03- IP 10 Page 2 L'K7�M w[ioN 12-16-o3A= CONTRACTOR BUDGET BREAKDOWN ` t L e 3 i