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City Council Packet - 04/11/1987 77 I T I G A R D C I T Y C O U N C I L SPECIAL WORKSHOP MEETING MINUTES — APRIL 11, 1987 — 8:15 AM 1. ROLL CALL: Present: Mayor Tom Brian; Councilors: Carolyn Eadon, _ Jerry Edwards, and Valerie Johnson; City Staff: Bob Jean, City Administrator; and Jill Monley, Community Services Director/Assistant City Administrator. Councilor John Schwartz was absent due to family emergency. 2. WORKSHOP: a. General discussion was held regarding the following issues: o Support of District Court in East Washington County o TCYS financial support options o Informal discussion of Beaverton—Tigard Council's meeting o Information discussion of Washington Square — Lincoln Center — South Metzger annexation and economic development implications o Agenda review process o Roles and responsibilities: a. Council as a whole has all powers except those provided to Mayor in Charter b. Councilors individually do not give directions, Councilors as liaisons need to be careful not to imply giving orders or redirecting staff c. Council liaisons — discussion. City Administrator to develop followup memo for approval. d. Board and Committee relations/training Discussion following regarding requirements for training, attendance and removal, minutes, attendance summary, TACC e. City Administrator Role Clarify active versus passive press role, need pro—active press releases, go to soft sell, media calendar, stay in the back ground, push department heads or Council, allow decentralized press information process (Board and Committee press releases should go through Council), intergovernmental relations. . .Councilors to adopt legislative issues, develop awareness of County, SD & City issues. . . Councilor needs to coordinate with Administrator. . . Council—Manager team on intergovernmental. . . Administrator to write memos regarding legislative policy of Council of key issues. . .coordinate more with cities of Beaverton and Tualatin. . .Washington County elected officials caucus and legislative caucus calendar. . .Washington County slide show on transportation on CATV. COUNCIL MINUTES — APRIL 11, 1987 — PAGE 1 o Groundrules Discussion — City Administrator to develop followup memo for approval. (Tom Hill, Tigard Times Reporter Arrived) RECESS: 12:00 Noon RECOVENE: 12:30 PM o Study Session Worksheet & Discussion — Study Session with summary WORKSHOP RECESS: 1:05 PM 3. EXECUTIVE SESSION: ORS 192.660 (1)(d) — At 1:05 PM Council went into Executive Session to discuss issues pertaining to labor relations. WORKSHOP RECONVENED: 2:00 PM 4. ANNEXATION DISCUSSION o Mayor discussed current status of intergovernmental work. . . Beaverton. . .Portland. . .Tualatin — See meeting packet material o Discussion of key concerns regarding annexation policy o Bull Mountain? City position? o Services and City—County issues o Boundary Commission o Special Districts o County 2000 Plan o County Roads Strategy o Transfer streets to city o Abandon County roads to "Public" o County Road Maintenance District o Service contracts (Justice Court, Metzger Park. . .) o Council resolution to County regarding annexation/ services area. . . o Comprehensive Plan revision of annexation policies. . . o Beaver-toniPortland Urban Services Study o How to proceed? (Islands, Bull Mountain, NE area, etc.) 0 132nd Annexation. . .road annexations. . .hold o Respond to Metzger areas requesting annexation within Area Of Interest — not interested North of Taylors Ferry Road o Feasibility (econmics & logical services?) o Community support in area (substantial show of support) o Annex within Area Of Interest/active plan. . . o Initiate island annexations as soon as possible o Bull Mountain Study (at request opf CPO? active plan? contracts? hold. . .) o Active Plan/Transportation planning within Area Of Interest COUNCIL MINUTES — APRIL 11, 1987 — PAGE 2 o Contracts—consider if requested by Council. . . contract for Building, Planning, & Engineering. . . within Area Of Interest o Walnut Wedge/Areas within Active Plan — feasibility U.S. Study—subcommittee with NPO. . . (support) o North of Taylors Ferry support Beaverton. . . o South Side — respond to request o Area Of Interest — ability to serve, logical boundaries 5. ADJOURNMENT: 4:00 P.M. Robert W. ean, City Administrator APPROVED BY THE COUNCIL ON THE 27TH DAY OF APRIL, 1987. ATTEST: Thomas M. Brian, Mayor i i RWJ:lw/1194W COUNCIL MINUTES — APRIL 11, 1987 — PAGE 3 0 0 0 to -- -- o cm t AIOJ'32I0'axv19I61 'Z ll?dv Asfl4nd-80091I. c axvnMOCE TIVs As sZiE J i �. ._ ;.wi,r i op,63 ailvoii.: J 'iR L961'11 MHdV cx -,doasnom mDNnoc)un axvbLLCL NODHHO'NO.LIIAAVHR . Q UP u*r xJ'M'S 999t MEIDM air shoo azo s x 'vs . o£.s-L861'L'MCIV Q � =' 'ILII'm Built 6q JO tZZL6 UO&WO WWW AI$,,PH A$SZift 'iapioaatl Aa ami'moiI paumwoq item uopam d z ojuI,jaq}U_'Dapu se..Vnpogas am s8apaam topoft aupmonof agy:. 01 co m c (D m tx 0 CD CO CL � c� O O > m CO g a Q • m w ,vim. • • • O r 1 r a E a J z O a' = co X m U 'CIO mz m m la lo� .. OD V) o = CU m c m 1 W a IL « o.-i rt E p ao " LL a m N m .... a.Lc v £ m a a w b N p �nmm� a� n Cd t- cri .Z camm � tLi m C co � m rl ch 0 p c t a t c p0 CL H C"'' O ILLI. 3� Cm ; -0 m 3 x ui N Q (09 ao a—=�. o W m c O x •d 0 14 0 LL t b- a o a o � �� a F. .7s LL}0 a wow v >bo o . p �tj CO_RTo m W c�i E D c� c n, ro c 8 •• • yU _aO N c o to ® U t'n Q i . £F .n COUNCIL GROUNDRULES-July, 1984 Communications Between Councilors, City Administrator and Staff -- Councilors are encouraged to maintain open communications with the City Administrator, both as a group and individually in one-on-one sessions. .. -- Councilors are encouraged to direct inquiries through the City Administrator, giving as much information as possible to ensure a thorough response. .. -- In the absence of the City Administrator, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Administrator. .. -- Contacts below the Department Head are to be discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. .. -- Everyone needs to recognize agenda cycle and 10-day cut-off.. .Add-ons to be minimized, and handouts distributed at start of meeting, except Executive Sessions... -- Staff will attempt to schedule items assuming the longer timelines or assuming second reading of ordinances.. . -- Don't assume Staff is guilty until proven innocent. . . Communications Among Councilors Try to avoid surprises or "plops", especially it they appear intended to embarrass or discredit. . .Councilors and Staff should try to prepare in advance of public meetings and get issues into packets.-- Add-on-Agenda items are not "plops", but should be brought up at start of meeting and generally considered only if continuing to a later agenda is not appropriate... -- Councilors 'are encouraged to suggest agenda topics at the bench or to contact the City Administrator about scheduling an item into the Tentative Agenda. .. - Requests for legislative action of Council may be initiated by any individual Councilor and responded to by the City Administrator consistent with resources and priorities, or referred to Council as a whole.:. Communications with the Community/General Public -- Councilors and General Public need to be reminded of the Agenda cycle, cut-off dates, general "need-to-know" of how public issues are handled and how citizen input may be accomplished... -- "Official" communications should come through City :call and be pru•: ded to the Administrator...Direct submittals or inquiries to the Council or individual Councilors should be referred to the Administration, or Councilors may ask the Administration to look into an issue.. . -- Official "press releases" should be encouraged, both to ensure accurate reporting and to advise Councilors and Staff of the official position communicated to press...Press Releases are through the Mayor's Office.. . General -- Councilors are always Councilors in the eyes of the Administration, never simply private citizens. . . -- Information that "affects" the Council should go to Council. The City Administrator is to decide on "grey areas", but too much information is preferable to too little.. . -- If Councilors get involved in labor relations (e.g. , employee contacts or public statements) while staff is negotiating, then the process becomes the Councilor's to negotiate.. . -- Budget cuts mean policy decisions. Budgets will not be cut "piece meal or "across-the-board", rather should be made in service or program areas, giving Staff full opportunity to provide data clearly defining impact... -- Use Request for Action form for "pothole" problems. Other concerns or items should be set for an agenda by contacting City Administrator or by motion of Council... (RWJ:dc/0049p) APPENDIX I CITY OF TIGARD, OREGON ORDINANCE NO. 82- -Z5 AN ORDINANCE SPECIFYING THE ANNEXATION POLICY FOR VARIOUS UNIN- CORPORATED LANDS WHICH ARE WITHIN TIGARD'S URBAN PLANNING AREA, REPEALING ORDINANCE -NO. 79-26, PRESCRIBING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. WHEREAS, in the past, the City Council has attempted to encourage annexations that would establish straight, compact and logical boundaries for the City of Tigard;, and WHEREAS, the City Council further finds that it is necessary to establish a system for measuring the physical, environmental, and social impacts of proposed annexation on the community, to insure adequate staff review, and to insure compliance with the requirements of Tigard's Comprehensive Plan, ORS Chapters 197 and 222, concerning annexation, and ORS Chapter 199, concerning local boundary commissions; and WHEREAS, in furtherance of the above policies, the City Council hereby determines that this document denoted as "annexation policy" for the City of Tigard is a desirable and necessary guide to decisionson the future boundary of 'the city and is hereby adopted and promulgated to be utilized in the development of the comprehensive plan for the area involved; and WHEREAS, the lands that are the subject of this annexation policy are not subject to provisions of the annexation rule, OAR 660-01-315, because they are located within the acknowledged Metropolitan Regional Growth Boundary; and WHEREAS, to insure that the provisions of this annexation policy become immediately effective in guiding annexation decisions of property owners, the City Council, and the Portland Metropolitan Area Local Government Boundary Commission, and thereby preserve the health, safety, and welfare of the residents thereof, an emergency is declared to exist and the terms and provisions of this ordinance shall become effective immediately upon passage and approval by the City Council. THE CITY OF TIGARD ORDAINS AS. FOLLOWS: Section 1. INTENT 1. The City is committed to maintaining the highest practical level of service to residents. Therefore, the City should consider the impact each annexation will have on the level of services provided and the general "quality of 'Life" enjoyed by the i citizens of Tigard. r 2. The City considers itself to �be the most logical provider ; of cost-efficient urban services to those areas within Tigard's Urban Planning Area. j t I - 294 ORDINANCE No. 82--zl- 3. The City shall not approve .the extension of city or Unified Sewerage Agency (USA) sewer lines beyond the • Tigard city limits except where the annexation applications where anfor those properties have been submitted to the City or remonstrance agreement to annex those properties has been signed and recorded with Washington County and submitted to the City or where there is a potential or imminent health hazard. In health hazard situations involving land located in the Metropolitan Regional Growth Boundary, the City is required by ORS 222.850 to 222.915 to annex the affected area, unless an alternative plan to alleviate the hazard is approved. Therefore, property owners affected by a health hazard annexation will sign and record with Washington County a nonremonstrance to annex to the city and submit the recorded copy to the City of Tigard. 4. The City shall actively seek to annex the areas served by all new city or Unified Sewerage Agency sewer lines that are contiguous with the city. S. The City shall accept, encourage, and assist in the preparation- of annexation proposals of all lands within Tigard's Urban Planning Area. 6. The City shall •actively seek to include all "unincor- porated island" areas into the city. ( 7. Land use designation and zoning shall be assigned to proposed annexation areas only after a. thorough study addressing State-wide Planning Goals, city and neighborhood needs have been completed and adopted by the City. Section 2. PROCEDURE The following process -shall be followed .in the application and. review of annexation proposals: 1. To ensure adequate staff review for annexation application, deadlines shall be established. Applications for annexa- tion- shall be filed with the city prior to 5:00 p.m. on the last working day in either February, May, August, or November. 2. The city staff shall review the annexation proposal applications and submit all required information to the Portland Metropolitan Area Local Government Boundary Commission with sixty (60) days after the application has been submitted. Section 3. APPLICATION Each application for annexation shall include the following material: 1. A statement of the availability, capacity and status of existing water; sewer, drainage, transportation, park, ( police and fire service, and school facilities. ORDINANCE No. 82- _ I-295 f 2. A statement of the increased demand forsuch wfacilities to be generated by any proposed development annexation area. 3. A conceptual development plan which indicates the types and intensities of proposed land uses, transportation corridors, significant natural features and adjoining land uses. 4. A statement describing any potential negative physical, aesthetic aand wholesocial orimpacts neighborhood.proposed development on the community as 5. A map to scale of area to be annexed which includes the surrounding area, --Jft&: •metes and bounds legal description of annexation area. Section 4. REPEAL The City of Tigard hereby repeals its former annexation policy, Ordinance No. 79-26, in its entirety. Section S. EMERGENCY CLAUSE Inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the foregoing change in the boundaries of the City become a permanent part of the City's f records, an emergency is hereby declared to exist, and othis cil, and ordinance shall be effective upon its passage by .� approval by the Mayor. PASSED: By the City Council by n�.e i e r..��vote of all Council members present; after being read two times by number title only, this_'AA_ Y Recorder - C' of ,Tigard f ��L �Q- , SIGNED: By the Mayor on this �2 8 day o1982' Mayo�, �rijv of Tig rd f 2 I - 296 18.134.070 (3) The required fee. (b) The required information may be combined and does not have to be placed on separate maps. (c) The variance site plan, data, and narrative shall include the following: (1) A site plan, Section 18.134.070; and (2) A copy of all existing and proposed restrictions or covenants. (Ord. 86-23 51 (part) , 1986; Ord. 83-52 Exhibit A(part) , 1983) . 18.134.070 The site plan. (a) The proposed variance site plan shall include the following information: (1) The proposed site and surrounding properties; (2) The location, dimensions and names of all exist- ing streets; (3) The location and dimension of: (A) The entrances and exits on the site, (B) The parking and circulation areas, (C) Loading and services areas, (D) Pedestrian and bicycle circulation, (E) Outdoor common areas, (F) Aboveground utilities, and (G) Existing landscaping; (4) The location, dimensions and setback distances of all: (A) Existing structures, improvements and utili- ties which are located within twenty-five feet of the sites and are on adjoining property, and (B) Proposed structures, improvements, landscap- ing and utilities of the site. (b) In the case of a request for a variance to the - building height provisions of Section 18.100.130, Buffer matrix: (1) An elevation drawing of the structure and the proposed variances; and (2) A drawing(s) to scale showing the impact on adjoining properties; for example, will the height variance, if granted, block a viewpoint from an adjoining property of a significant land feature. (Ord. 83-52 Exhibit A(part) , 1983) . Chapter 18.136 ANNEXATIONS Sections: 18.136.010 Purpose. 18.136.020 Administration and approval process. 18.136.030 Approval standards. ' 18.136.040 Application submission requirements. 314-109 (Tigard 8/15/86) 18.136.010--18.136.020 18 136.010 Purpose. The purpose of this chapter is to: (1) Implement the policies of the comprehensive plan; i2) Provide for city review of all annexation requests for a determination of the availability of facilities and services as related to the proposal; (3) Provide for dissemination of public information and for sufficient time for public review prior to submittal to the Portland Metropolitan Area Boundary Commission; (4) Provide for city and county coordination of annexa- tion requests; (5) Provide for an expedited process by establishing y the annexation and rezoning b198 procedures whereb on 3) . sidered concurrently. (Ord. 83-52 Exhibit A(part) , 18.136.0;!0 Administration and approval Process. (a) The applicant for an annexation proposal shall be as pr for vided by Section 18.32.020 and shall concurrently apply an established area/developing area designation as provided by Chapter 18.138 and for a zone change following procedures outlined in Chapter 18.32. (b) A preapplication conference with city staff is required. See Section 18.32.040. (c) Due to possible changes in state statutes, or re- gional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months. (1) Another preapplication conference is required if any site development application is submitted six months ., after the preapplication conference. (2) Failure of the director to provide any of the information required by this section shall not constitute a waiver of the standard, criteria or requirements of .the ap- ^y plication. (d) Within forty-five days after the closing of the application submittal period, the council shall hold a public hearing in accordance with the provisions of Chapter 18.32 and shall make a recommendation to the Portland Area Boundary Commission for approval, approval with modifica- tions or denial of the annxation based on the standards in Section 18.32.030. At the same hearing, the council shall assign the development or established area classification as provided by Chapter 18.138, the zoning designation as pro- vided in Chapter 18.32 and, if necessary, the council shall assign the comprehensive plan designation. (e) Any zoning designation approved by the city through this process shall not become effective until the effective date of the boundary commission's final action on the proposed annexation. i (f) City notices, regard the annexation, and given pursuant to Section 18.32.130, shall contain a declaration f 314-110 (Tigard 2/86) f L 18.136.030--18.136.040 of the city's intent to consider placing the property pro- posed for annexation or any part thereof in a city plan and zoning classification including whether it will be annexed as an established area as provided by Section 18.138.020 (a) or developing area as provided by Section 18.138.020(b) . (Ord. 85-32 §l(Exhibit A) , 1985; Ord. 84-61 §1(Exhibit A(part) ) , 1984; Ord. 83-52 Exhibit A(part) , 1983) . 18.136.030 Approval standards. (a) 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 (2) The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. (b) The 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 compre- hensive plan map designation. (c) The determination of whether the property is an established area or a developing area will be based on the standards contained in Chapter 18.138. (Ord. 83-52 Exhibit A(part) , 1983) . 18 .136.040 Application submission requirements. (a) All applications shall be made on forms provided by the director and' shall be accompanied by: (1) Three copies of the annexation area, conceptual development plan(s) and necessary data or narrative which explains how the annexation conforms to the standards: (A) Sheet size for an annexation area, con- ceptual development plan and required drawings shall not exceed eighteen inches by twenty-four inches, and (B) The scale of the required drawings shall be twenty, fifty, one hundred or two hundred feet to the inch; and (2) A list of the names and addresses of all who are property owners of record within thirty days before the application and whose property is within two hundred fifty feet of the site; (3) The required fee. (b) The required information may be combined and does not have to be placed on separate maps. (c) The annexation area plan, data and narrative shall include the following: (1) A map to a scale shown, in paragraph (B) of sub- division (1) of subsection (A) of this section, of the area to be annexed which includes -the surrounding area; (2) A map of' the area shown on the Washington County assessor map; 314-111 (Tigard 2/86) 18.138.010--18.138.020 (3) A metes and bounds legal description of the ; annexation area; (4) A statement of the availability, capacity and status of existing water, sewer, drainage, transportation, park, police and fire service and school facilities; (5) A statement of the increased demand for such p facilities to be generated by any proposed development within the annexation area; and (6) A conceptual development plan which includes: (A) The type of intensities (density) of the proposed land uses, (B) Transportation corridors, (C) Significant natural features, and (D) Adjoining land uses. (Ord. 83-52 Exhibit A(part) , 1983) . Chapter 18.138 f ESTABLISHED AREA--DEVELOPING AREA CLASSIFICATION i 1 Sections: 18.138.010 Purpose. 18.138.020 Definitions. 18.138.030 Criteria for inclusion. 18.138.040 Designations. 18.138.050 Administration and approval process. 18.138.010 Purpose. (a) The purpose of this chapter is to provide standards for the classification of land as it is annexed to the city. (b) The intent of the comprehensive plan is that land within the city will not be reclassified except as a part of the plan update process. Any changes to the established or developing area boundaries shall comply with OAR 660-07-035. (Ord. 84-61 §1(Exhibit A(part) ) , 1984; Ord. 83-52 Exhibit A(part) , 1983) . 18.138.020 Definitions. (a) Established Area. 1 1) An "established area" is an area where the land is not classified as buildable land under Oregon Administra- tive Rules 660-07-000. (2) An "established area" may include some small tracts of vacant land (tracts less than an acre in size) t provided the tracts are surrounded by land which is not classified as buildable land under Oregon Administrative Rules 660-07-000. (b) Developing Area. (1) A "developing area" is an area which is included E 314-112 (Tigard 4/85) 1 E a 10. URBANIZATION (C This chapter addresses the concerns expressed by Statewide Planning Goal y 14: Urbanization, which is "to provide for an orderly and efficient transition from rural to urban land use." The Urbanization goal is important because it develops a framework within which all development activities have to be coordinated, and it integrates and balances all of the other available land resources in terms of the needs expressed by other goals; namely tiousing, Economy, Public Facilities and Services, Natural Features and Open Space and Transportation. The urbanization goal also requires an allocation of land for accommodation of laning period (1980 — prato pansion the norderlypandn efficient transiition20fO �romurbanand development izableland to plans urban land. The findings, policies and implementation strategies address a variety of topics related to urbanization. Policies describe the process which satisfy the need for efficient, orderly and logical urbanization within the geographical limits of Tigard's Urban Planning Area. Additional information on this topic is available in the "Comprehensive Plan Report": . Urbanization. FINDINGS o The City of Tigard grew from 5,302 people in 1970 to 14,286 people in 1980 (Census 1970 & 1980) and the City predicts that Tigard will continue to grow to more than double its current size by the. year 2000. The current 1983 population is 18,379. A portion of this increase is due to annexations. o The City limits have expanded by approximately 4.4 square miles since 1970, to its present size of approximately 8.6 square miles. o All lands within the Tigard Urban Planning Area as well as the City Limits have been designated for urban land uses, and are wholly within the Portland Metropolitan Area Urban Growth Boundary. o The Tigard Comprehensive Plan is an active plan, meaning the City plans and designates land uses within the Tigard Urban Planning Area (T.U.P.A.). Washington County retains legal jurisdiction over development proposals, zoning and public improvement projects outside the City limits but within the T.U.P.A. Tigard does have right of review and comment on proposals and projects within the T.U.P.A. o The area within the Tigard Urban Planning Area, but outside the current City Limits, that is not already developed to urban intensities will be made available for urban uses via an Urban Planning Area Agreement between the City of Tigard and Washington County, annexation to the City and subsequent development proposals by the property owners. C t • II — 65 o The City is committed to providing urban level services, or the coordination of providing these services with the appropriate service districts, to all areas within the city limits boundaries. o The intent of the City is to provide for an orderly and efficient land use pattern and urban services which must be available at the time of development. o The timing, location, and expansion of the transportation systems are important factors affecting future urbanization. o The desired development and growth pattern for the Tigard Urban Planning Area is to be defined by a growth management system, e.g. extension of services, streets and land use, which will guide the timing, type, and location of growth. o To assist in the financing of street facilities and improvements, Tigard has imposed a Systems Development Charge -(SDC) on new housing development. o Major trunk line sewer service in the Tigard Urban Planning Area is provided by the Unified Sewerage Agency (USA) of Washington County which has assumed this responsibility for the City's, as well as eastern Washington County, major sewage system since 1970. o Water in the Tigard area is provided by the Metzger and Tigard Water Districts. These districts purchase their water from Portland, lake Oswego and other sources. o An Urban Planning Area Agreement. (UPAA) between Tigard and Washington County regarding land use planning and annexation was adopted in 1983. The intent of this agreement is to: a. Identify the urbanizable land within each jurisdiction surrounding Tigard; b. Provide for orderly and efficient transition from urbanizable land to urban land,- C. and;c. Provide a process for reviewing the land use designations between the City and County; d. Provide for a process to extend existing services; and e. Provide a process for arnexations of land to the City. o The agreement requires that, the parties resolve various issues, otherwise the agreement will lapse on January 1, 1984 (or a later date if the parties extend the agreement) and the 1980 agreement between the parties is revived. o The City does not have an UPAA with the school districts (Tigard and Beaverton), but the districts do work with the City's Planning and Development Department to estimate the enrollment impact of nQw residential development in the City. II - 66 o The City has made a significant effort in the past- to manage the location and type of growth, and to coordinate this growth with the extension of services and expansion of facilities. o The City is currently in the process of includingall of the "unincorporated islands" within the city limits. 10.1 ANNEXATION OF LAND POLICIES 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 IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; .3. DRAINAGE; 4. STREETS; 5. POLICE; AND 6. FIRE PROTECTION Most intense use allowed by the conditions of approval, the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1 . THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE; AND d) STREETS; 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE t SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. II - 67 c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD { URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. 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; OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD 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). 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. 10.2 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS POLICIES 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY (USA) LINES EXCEPT: ,. a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WI4ERE A NONREMDNSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. II — 68 .qui 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS; OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN T14E TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING ORDINANCES: a. LAND USE; b. DENSITY; c. PLACEMENT OF*STRUCTURES ON THE SITE; d. STREET ALIGNMENT; AND e. DRAINAGE. IMPLEMENTATION STRATEGIES i 1. The 'City shall encourage all of the urbanizable land within Tigard's Urban Planning Area to be within the City Limits. 2. The City shall direct its annexation policies to conform with and support the City's Comprehensive Plan. 3. The City shall phase annexations to allow for the incorporation of urbanizable land in a manner that is consistent with the Comprehensive Plan, and the Urban Planning Area Agreement, and to provide for orderly transition of urban services. 4. The City shall work toward establishing a workable, jointly approved growth management agreement with the Washington County. The agreement shall assure that: a. Urban development inside Tigard Urban Planning Area (T.U.P.A.) will be encouraged to annex to the City of Tigard. b. Significant differences between City/County Comprehensive Plan policies are reconciled for the unincorporated areas within the Urban Planning Area (T.U.P.A.). 5. Land use designations, if not already designated, shall be assigned to purposed annexation areas only after a thorough study addressing statewide Planning Goals, and City and neighborhood needs have been CC completed and adopted by the City. i II — 69 6. The;.City .shall accept, encourage, and assist in the preparation of annexation proposals of all levels within its Urban Planning Area (UPA). 7. The City shall actively seek to include all "unincorporated island" areas into the city. 8. The City shall provide a capital improvement plan (CIP) that will promote the development of .services and facilities in those areas which are most productive in the ability to provide needed housing, jobs and commercial service opportunities in conformance with the policies of the Comprehensive Plan. the CIP shall emphasize the provision of needed services in established districts and those areas passed over by urban development. 9. The City -shall cooperate with Washington County and all special districts share in the exchange of information on planning actions which have interjurisdictional impacts. Ample opportunity for review and comment shall be given prior to final action by a city, county or special district policy making body on a matter of mutual concern. 10.-The...City ;and .County. will . negotiate the .existing Urban Planning Area ree-s+ent_;-which'respnds to the needs of both the City and County. o 0.0 ANk nF' D `$IDE THE URBAN BOUNDARY POLYCYEEB&�� _ .. 10.3 1 THE:'CITY. SHALL CONSIDER_.ANNEXA7tON REQUESTS OUTSIDE.,THE TIGARD URBAN = PLANNING. AREA AND.:.WITHIN THE'.•:URBAN GROWTH BOUNDARYt"CONSISTENT WITH POLICIES °10.i AND. 2 AND AMEN NT OF THE AGREEMENT BETWEEN .THE CITY AND-.THE COUNTY; 10.'3.2',,TME.CITY. SHALL .DISCOURAGE EXPANSION Of THE TIGARD URBAN. PLANNING.. IN `':A MANNER' WHICit WOULD REBUE:'C ,IN.. AN :IRREGULAR PLANNINO., AREA AND INEFFICIENT PROVISION OF PUBLId'.", ,A&LI'fIES AND SERVICES. 14V9T.:J•leVf z r IL 7Q-