Ordinance No. 14-01 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2014-0—
AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND AND A PORTION OF RIGHT
OF WAY TOTALLING APPROXIMATELY 8.07 ACRES, APPROVING THE EAST BULL
MOUNTAIN CITY PROPERTY AND WILMINGTON LANE ANNEXATION (ZCA2013-
00004) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,
WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
territory proposed to be annexed;and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property
which currently lies within the boundary of the Tigard Water District,Washington County Enhanced
Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion
of the annexation;and
WHEREAS, the Tigard City Council held a public hearing on January 14, 2014, to consider the
annexation of two (2) parcels (Washington County Tax Map (WCTM) 2S104DC, Tax Lots 5800 &
5900) of land located on SW Alpine Crest Way and a portion of right-of-way along SW Wilmington
Lane, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced
Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and on January 14,2014;and
WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District;and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning which most closely implements the City's comprehensive plan map
designation or to the City designations which are the most similar; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations;and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
ORDINANCE No. 14-
Page
4Page 1
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel and right of way as
described and shown in the attached Exhibits "A","B", SCC" & "D",and withdraws
said parcels from the Tigard Water District, Washington County Enhanced Sheriffs
Patrol District and Washington County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA20013-
00004) as findings in support of this decision; a copy of the staff report is attached
hereto as Exhibit"E" and incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including filing certified copies of the Ordinance with Metro for administrative
processing, filing with state and county agencies as required by law, and providing
notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
the Tigard Water District,Washington County Enhanced Sheriff s Patrol District and
Washington County Urban Roads Maintenance District shall be the effective date of
this annexation.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with
the Secretary of State.
PASSED: By U rlGff( irci10U15 vote of all Council mem ers present after being read by number
and title only,this 1 Wtin day of 52014.
i
i
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this day of ,2014.
A proved as to fo John . Cook,Mayor
City Attorney
1 1d
4—
Date
ORDINANCE No. 14- V
Page 2
EXHIBIT A
Exhibit A
Tax Lot 5800
Real property in the County of Washington,State of Oregon,described as follows:
PARCEL I:
The South 10 acres of the Southwest one-quarter of the Southeast one-quarter of Section 4,
Township 2 South,Range 1 West,of the Willamette Meridian,in the County of Washington and
State of Oregon.
EXCEPTING the West 462 feet thereof
PARCEL U:
Also a non-exclusive,perpetual easement for road and utility purposes on,over,under and across
the East 50 feet of the following described tract:
Beginning at a stone marking the quarter section corner of the North line of Section 9,Township
2 South,Range 1 West,of the Willamette Meridian;and running thence South 0035'East along
the quarter section line 1238.5 feet to an iron in the center of County Road;thence along County
Road South 61°27'East 707.7 feet to an iron pipe in the center of County Road,which iron
marks the Southwest corner of the Moler tract;thence North 0°35'West along the West line of
the Moler tract, 1581 feet to an iron on North line of said Section 9;thence on section line South
89°36'West 618.1 feet to the place of beginning.
NOTE:This Legal Description was created prior to January 01,2008.
Tax Lot 5900
Real property in the County of Washington,State of Oregon,described as follows:
A TRACT OF LAND IN SECTION 4,TOWNSHIP 2 SOUTH,RANGE 1 WEST,OF THE
WILLAMETTE MERIDIAN,IN THE COUNTY OF WASHINGTON AND STATE OF
OREGON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE-QUARTER CORNER OF THE SOUTH LINE OF SAID
SECTION 4; THENCE NORTH 0° 14'40" WEST, 330.0 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF THE SOUTH 10.0 ACRES OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4; THENCE
NORTH 800 45' 40" EAST ALONG THE NORTH LINE OF SAID 10.0 ACRE TRACT, A
DISTANCE OF 462.0 FEET TO A POINT; THENCE SOUTH 00 14'40" EAST, PARALLEL
WITH THE WEST LINE OF SAID 10.0 ACRE TRACT, 330.0 FEET, MORE OR LESS, TO
THE SOUTH LINE OF SAID SECTION 4;THENCE SOUTH 89°45'40" WEST,462.0 FEET
TO THE PLACE OF BEGINNING. ANNEXATION CERTIFIED
EXCEPTING THEREFROM THE FOLLOWING: BYIE- _
AJG 0 8 2012
Page 5 of 7-SPECIAL WARRANTY DEED ooi,.aie�.a w,�a ypd IIVU 1 dN COUNTY A& T
CARTOGRAPHY
Appendix A A-9
City of Tigard East Bull Mountain Park
THE WFSTERLY 2 ACRES OF THE FOLLOWING TRACT OF LAND IN SECTION 4,
TOWNSHIP 2 SOUTH,RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN,IN THE
COUNTY OF WASHINGTON AND STATE OF OREGON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE-QUARTER CORNER OF THE SOUTH LINE OF SAID
SECTION 4; THENCE NORTH 0° 14' 40" WEST, 330.0 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF THE SOUTH 10.0 ACRES OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4; THENCE
NORTH 800 45' 40" EAST ALONG THE NORTH LINE OF SAID 10.0 ACRE TRACT, A
DISTANCE OF 462.0 FEET TO A POINT; THENCE SOUTH 0° 14'40' EAST, PARALLEL
WITH THE WEST LINE OF SAID 10.0 ACRE TRACT, 330.0 FEET, MORE OR LESS TO
THE SOUTH LINE OF SAID SECTION 4;THENCE SOUTH 89°45'40"WEST,462.0 FEET
TO THE PLACE OF BEGINNING.
NOTE:This Legal Description was created prior to January 01,2008.
ANNEXATION CERTIFIED
BY
AUG 0 8 2012
WASHINGTON COUNTY A&T
CARTOGRAPHY
Page 6 of 7-SPECIAL WARRANTY DEED wnia sn«,o w,�ya.enu.XXvriaarno
Appendix A A-10
City of Tigard East Bull Mountain Park
EXHIBIT B
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Appendix A A-11
City of Tigard East Bull Mountain Park
EXHIBIT C
WESTLAKE
CONS11I.TAN'TS Ivc
ENGINEERING •SURVEYING •PLANNING Phone 503 684-0652
Fax 503 624-0157
Spectrum Development
Road and Utility easement
Project No. 1724-34(D) EXHIBIT A
Highland Hills Subdivision Legal Description
January 11,2012
A tract of land situated in a portion of Section 9 Township 2 South.Range 1 West,of the Willamette
Meridian,City of Tigard,Washington County,Oregon,being a portion of that tract of land as conveyed by
deed to,Shirley K.Rippey,January 11, 1971,in Book 803,Page 479,Washington County Deed Records
and being more particularly described as follows:
Beginning at the southeasterly corner of said Rippey tract,said point being South 00°05'57"East. 19.63 feet
more or less from the southwesterly corner of Lot 33,Raven Ridge,a duly recorded subdivision in said
Washington County,
Thence South 89°54'03"West along the southerly boundary line of said Rippey tract,93.00 feet;
Thence continuing along said southerly boundary line,North 89'58')1"West,250.00 feet more or less to
the southwesterly corner of said Rippey tract;
Thence departing said southerly boundary line,North 00°05'57"West along the westerly boundary line of
said Rippey tract, 10.02 feet,
Thence departing from said westerly boundary line,along a non-tangent 22.00 foot radius curve to the left,
through a central angle of 39°27'45",(chord bears South 70'14'18"East,14.85 feet)an arc distance of
15.15 feet;
Thence South 89'58'11"East,150.04 feet;
Thence along a 168.00 foot radius curve to the left,through a central angle of 13°38'34",(chord bears North
83'12'32"East,39.91 feet)an arc distance of 40.00 feet to the point of reverse curve;
Thence along a 203.00 foot radius curve to the right,through a central angle of 13'31'44",(chord bears
North 83'09'07"East,47.82 feet)an arc distance of 47.93 feet;
Thence North 89'54'59"Fast,91.86 feet,more or less,to a point on the easterly boundary line of said
Rippey tract;
'Thence along said easterly boundary line,South 00'05'57"East, 15.44 feet to the Point of Beginning.
Containing 3166 square feet of land more or less.
REGISTERED
PROFESSIONAL ANNEXATION CERTIFIED
LAN SURVEYOR
BY
E
GON QUA 0 8 ?019
15, 1987
TACCHINI
WASHINGTON COUNTY A& 1
6 -36 —/Z CARTOGRAPHY
RENEWAL
1,1172d-034 OXHiShLud Hills SD\Survg\RoadeUullry_e 'e 12071 I,000
Pacific Coryorau:Cerner.15115 5 W Scquoma Parkway Sale 150•Tigard.Oicgon 97224
Pagc 1 of I
Appendix B B-10
City of Tigard East Bull Mountain Park
nv
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L
to SHIRLEY K. RIPPEY
PARCEL 2 BOOK 803,
CL PAGE 479
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e R=22.00' R-203.00'
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A 39 27 45" 25' NON-EXCLUSIVE R-168.00' L-47.93'
o g L-15.15' ROADWAY EASEMENT A 13'38'34' N83'09'07"E LOT 33
570'14'18"E PER 8496, P38 1
7 40.00' 47.82' RAVEN RIDGE
0
14.85' N8312'32"E
39.91' 5W COR.
z N89'54'59"E LOT 33
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RAVEN RIDGE
DOC. NO. 2006-050755 I wHIGHLAND HILLS I i
(I'UTURE SUBDIVISION) LOT 32 N
REG15TEREp
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PROFESSIONAL i m EXHIBIT B
SAN SURVEYOR :. G7 Z m LOCATED IN THE NORTHEAST 1/4 f
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:m -4 cC-t � OF SECTION 9, TOWNSHIP 2
SOUTH, RANGE 1 WEST, W.M„
OREGON
z c WASHINGTON COUNTY, OREGON
JANUARY 15, 1987 � 0 OrJ z
JOHN P. TACCHINI D c- N n
2267 = Z o m
ry SCALE I 40'
DATE:02/'L8/'0"
06-30-12 DRAWN BY-. WESTLAKE
RENEWAL DATE
m CHECKED BY:JPT CONSULTANTS^ INC.
REV: O1/11/12 fNCTNSBRfNC • SURHISIING +PfwNNrNG
17243a_X1 207tt.DWC JOB NO.:1724-34 71GARDSOREGON 97224 STr 15`AX (50) 62a 01sT
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Hearin Date: lanuaa 14 2014 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL =
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAMES
AND NUMBERS: ZONE CHANGE ANNEXATION (ZCAI
ZCA2013-00004: East Bull Mountain—City Property/Wilmington Lane Annexation
ZCA2013-00006: Locust Street Annexation
APPLICANT: City of Ti ard OWNER: City of Tigard
Kim MCI` 13125 SDG Hall Blvd.
13125 SW Hall Blvd. Tigard,OR 97223
Tigard,OR
PROPOSAL: A request to annex city owned properties and right-of-way into the City of Tigard.
The areas to be annexed are known as sites A, B, and C. Site A is made up of two
parcels totaling 8 acres. Site B is a portion of SW Wilmington Lane right-of-way
(3,166 square feet). Site C is a city owned property on Locust Street (1,986 square
feet) that will be dedicated as right-of-way.
LOCATION: The properties to be annexed are found within two different areas of Washington
County. Sites A & B are located on the east side of Bull Mountain within a small
unincorporated island of Washington County. The Locust Street property is within
Metzger and lies between SW 87 and 90''Avenues.
Site A: 13950 SW Al In
hi
Crest Way; Washington County Tax Assessor's Map
(WCTM)2S%ZC,Tax Lots 5800 and 5900.
Site B: No address or map and parcel number.
Site C: No address;WCTM 1S135AA,Tax Lot 00701.
COUNTY ZONES: R6:Residential,5 units/acre minimum density,6 units/acre maximum density.
TO: 18-24 (Transit Oriented Residential District, 18-24 units per acre).
CITY ZONES: R-7:Medium Density Residential District.
R-4.5:Low Density Residential District
APPLICABLE
REVIEW
CRITERIA: The approval standards for annexations are described in Community Development
Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12,
and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09.
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 1 OF 11
SECTION I1. STAFF RECOMMENDATION
Staff recommends that the Council find that the Proposed annexations (ZCA20134*M and
ZCA20040006) meet all the approval criteria as identified in ORS Chapter 222, Metro Code
Chapter 3.09, Community 0evviopment Code Chapters 18.320 and 18,390, and the foMming
Comprehensive Plain'Goals and Policies: .Goal 11;Goal 11.1,Policy 4; Goal 113,Policy 6;and Goal
14.2, Policy 1-4. Therefore, staff recommnds APPROVAL of ZCA200.00004 and ZCA2013-OM
by adoption of the attached ordinances.
SECTION III. BACKGROUND INFORMATION
Site A.
Site A consists of two parcels (tax lots 5800 and 5900) totaling 8 acres that are located within a small island
of unincorporated Washington County properties on the east side of Bull Mountain. The island consists
of five parcels. Annexation of one of the other parcels within the island was recently approved
(ZCA2013-00003 Otis Annexation) but was not effective at the writing of this report. The owner of the
remaining two parcels is not interested in annexing at this time.
Tax lot 5800 is developed with a vacant, single-family home served by a septic tank and city water from
SW Alpine Crest Way. Tax lot 5900 is undeveloped. Both parcels are heavily wooded with the exception
of the house location.
In 2012 the city purchased the two parcels for a future park along with an adjoining parcel to the west.
The adjoining parcel is already within the city boundary and will be maintained as open space. Approval
for park development will be requested once the properties are within the city. Park development is not
prop
os
with this application. Preliminary park plans include removal of the existing single family home,
and construction of a shelter, utility shed, and sport court. Picnic tables, play structures, and accessible
pathways are also anticipated.
Site B:
Site B is a portion of Wilmington Lane right-of-way that was deeded to the Ciry of Tigard by the adjoining
pi.operty owner to the north (Rippey). The H�'ghland Hills subdivision, south of Wilmington Lane, was
aproved by Washington Count in 2008 and subsequently annexed into Tigard. One of the conditions of
t subdivision was to extend\Y ilmington Lane to the westerly boundary of the subdivision. Constructing
the street within the confines of the subdivision would have resulted in a substandard street. Conveyance
of the property by the adjoining owner allowed construction of the full street but happened after
annexation of the subdivision. This request is to annex a small portion of Wilmington Lane (3,166 square
feet),which is a city street.
Site C:
Site C is a small parcel (1,986 square feet) on the north side of Locust Street west of the Hall Boulevard
intersection. In 1989 and 1990 the City of Tigard performed street improvements to SW Locust Street.
These improvements included installations of utilities as well as widening and realignment of the roadway.
It was necessary for the city to purchase property in unincorporated Washington County to avoid
improvements being constructed on private property. Following annexation, the city will dedicate the
property as public right-of-way within the city's boundary.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal
11.1 (Policy 4), and Goal 11.3 (Policy 6),Goal 14.2(Policies 1-4).
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
A.CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
E BULL A1TN CITY PROPERTY/VALAIINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 2 OF 11
Chapter 18.320.020.B: A proval Process and Standards
Approval Criteria. The decision to approve, approve with modification, or deny an application to
annex property to the City shall be based on the following criteria:
1.All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the
purposes of the Comprehensive Plan, public facilities and services refer to stormwater management,water
supply and distribution,wastewater management, community facilities,and private utilities. In addition the
Comprehensive Plan Glossary includes public safety,parks,and transportation.All services are available to
the proposed annexation sites and have adequate capacity to serve future development. Site B is existing
right-of-way for SW Wilmington Lane, and Site C will be dedicated as right-of-way for SW Locust Street.
All services are available in the area for these two sites, but services are not needed. Individual services or
facilities serving Site A are discussed in further detail below.
Water— City of Tigard/Tigard Water District. Sites A lies within the Tigard Water Service Area and
the existing house is already served by city water through a 4-inch line from SW Alpine Crest Way. In
addition there are 6 and 8-inch lines in adjacent streets (SW Ridgefield Lane and SW Fernridge Terrace).
There is capacity to serve future park improvements.
Sewer—City of Tigard/Clean Water Services. The vacant home on Site A is served by septic. Existing
sanitary lines are available at the north and east property lines. Clean Water Services is the sewer provider
in the surrounding area. There is adequate capacity to serve the existing home or future park uses.
Stormwater — Clean Water Services. Clean Water Services is the current provider of stormwater
services in this area. Storm drainage can be directed to existing stormwater facilities to the east. Capacity
is adequate to serve the existing single-family home or future park improvements on Site A.
Streets — City of Tigard Engineering Division. Site A is currently served by a private access easement
from SW Alpine Crest Way; however threeublic streets stub to the site (SW Alpine Crest Way and SW
Fernridge Terrace to the north and SVG' Ridgefield Lane to the east). The proposed annexation will not
impact the current private access and street extension will be addressed with future park development.
The property is within the Washington County Urban Road Maintenance District and will be removed
from the district upon annexation.
Police — City of Tigard Police Department. Police services are currently provided by the Washington
County Sheaf£ If appproved, the property will be withdrawn from the Enhanced Sheriff's Patrol District.
The City of Tigard Iso ce Department was contacted by city staff regarding the annexation. Tigard Police
expressed no objections to the proposal.
Fire —Tualatin Valley Fire and Rescue (rVF&R). The subject property is in Tualatin Valley Fire and
Rescue's (IVF&R's) service area. The TVF&R District currently provides services to Site A, which will
not change following annexation. The Fire District has personnel and equipment in the area that can
respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue
operations.
Parks—City of Tigard. Site A is planned for a future neighborhood park,which will add to the city's park
capacity.
CONCLUSION: Based upon this review, staff finds that all public services and facilities (as defined by
the Comprehensive Plan) are available to the proposed annexation territoand have sufficient capacity to
provide service; however these services are not needed for sites B and Cite cause they are now or will be
dedicated right-of-way. The proposed annexation will not reduce the level of services within the City of
Tigard.This criterion is met.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
FINDINGS: The following Comprehensive Plan goals and policies apply to the proposed annexation:
Goal 1.1; Goal 11.1, Policy , Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the
E BULL MTN CITY PROPERTY/WILMINGTON LN/LOCUST ST ANNEXATIONS
ZCA2013-00004&ZCA2013-00006 PAGE 3 OF 11
proposal has satisfied the applicable Comprehensive Plan policies based on the following findings:
Goal 1.1: Citizen Involvement. The City shallprovide citizens, affected agencies and other
jurisdictions the opportunity to participate in all phases of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will berovided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type IV
land-use applications. The City posted, mailed and published notice of the public hearing as follows. The
City posted-the hearing notice at four public places on December 20, 2013: Tigard Library, Tigard City
Hall, Tigard Permit Center, and near the proposed annexation areas. The City published notice of the
hearing in The Tigand Times for two successive weeks (January 2 and January 9, 2014) prior to the January
14, 2014 public hearing. The City also mailed notice to all interested parties and surrounding property
owners within 500 feet on December 24, 2013.
Goal 11.1: Public Facilities and Services.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services.
Stormwater service near Sites A and B is provided by Clean Water Services. Annexation is not necessary
to receive stormwater service. A city stormwater line runs through Site C; however service is not needed
for this site.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services.
Sites B and C (existing and future rights-of-way) will not require wastewater service. The existing, vacant
home on Site A willbe demolished. Future park development will likely include portable restrooms,
meaning sanitary service will not be needed. However, annexation of this area will ensure that city sanitary
service will not be extended outside city limits if needed for future development. The applicant will not
receive City services prior to annexation.
Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary
steps, including the appropriate annexation of unincorporated properties.
Po 'cy 1. The City shall assign a Tigard zoning district designation to annexed property that most
closely conforms to the existing Washington County zoning designation for that property.
The appplicable Tigard zoning district designations are addressed below in the findings for Section
18.320.020.C.
Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban
level services to an area when approving annexation.
Capacity has been addressed above,consistent with this policy.
Policy 3. The City shall approve proposed annexations based on findings that the request:
A. can be accommodated by the City's public facilities and services; and
The availability of the City's public facilities and services has been addressed above, consistent with this
policy.
B. is consistent with applicable state statute.
As reviewed in this report, staff finds that the provisions of ORS 222 have been met, consistent with this
policy.
Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations
be included to:A) avoid creating unincorporated islands within the City; B) enable public services
to be efficiently and effectively extended to the entire area; or C) implement a concept plan or
sub-area master plan that has been approved by the Planning Commission or City Council.
E BULL INiTN CITY PROPERTY/WILNIINGTON LN/LOCUST ST ANNE.-MONS
ZCA2013-00004&ZCA2013-00006 PAGE 4 OF 11
Sites A and B lie within an island of unincorporated Washington County. There are five parcels with three
owners within this island. Two of the parcels owned by the city are included in this proposed annexation.
An additional parcel was recently approved for annexation into the city (ZCA2013-00003). The property
owner of the remaining two parcels was approached by city staff for annexation; however the owner has
indicated no interest in annexing at this time. The proposed annexation will result in a smaller island.
Site A was purchased by the city in 2012 for park development to implement the City of Tigard Park
System Master Plan. The plan outlines the need to acquire ark property and construct park
improvements, to preserve open spaces, enhance water quality� and provide recreational opportunities.
Annexation will allow the city to pursue development of park taeilities on this property. Annexation will
allow public services to be more efficiently and effectively provided because city improvements will be
located within the boundary.
CONCLUSION: Annexation of additionalarcels is not possible at this time. The city has coordinated
with all jurisdictions and agencies withinipnear the annexation sites. The City of Tigard has the
services/facilities available and at adequate capacity to serve the sites. The proposed annexation is
consistent with applicable Comprehensive Plan policies.This criterion is met.
Chanter 18.320.020.0
Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the city's zoning district which 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.
FINDINGS: Site A is currently zoned R-6 (Washington County. This zone is intended for residential
development at no more than 6 units per acre and no less than units per acre. Table 18.320.1 in the
Tigard Community Development Cod (TCDC) summarizes the conversion of the county's plan and
zoning designations to city designations which are most similar. According to this table, the city
designation most similar to county R-6 is city R-7 zoning. Site B is right-of-way and has no zoning, but
zoning of adjacent parcels within city boundaries is R-7. Site C is currently zoned county TO: 38-24
(Transit Oriented, 18-24 units per acre). Table 18.320.1 does not designate an equivalent city zone. The
site will be dedicated as city right-of-way following annexation; therefore city R-4.5 (Low Density
Residential) is proposed to match the zoning of adjacent properties within Tigard that are located on the
south side of Locust Street. Once the parcel is dedicated to city right-of-way, zoning will no longer be
applicable.
CONCLUSION: U on annexation Site A will be zoned city R-7, which most closely implements
Washington County s comprehensive plan and zoning designations (R-6). Site C will be zoned city R-4.5
to match nearby properties within the city boundary. This criterion is met.
Chapter 18.390.060:Type IV Procedure
Annexations are processed by means of a Type IVprocedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to
publish notice at least 10 business days prior to the hearing. City staffmailed notices to other agencies and
utilities on December 9, 2013 and property owners within 500 feet on December 24, 2013. A nonce was
Jublished in The Tigard Times for two successive weeks Qanuary 2, 2014 &January 9, 2014) prior to the
anuary 14,2014 public hearing.
Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
FINDINGS: The city's Compprehensive Plan has been acknowledged by the Land Conservation and
Development Commission to be in compliance with state planning goals and as reviewed above, the
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annexation proposal is consistent with Tigard Comprehensive Plan goals and policies.
CONCLUSION: The proposal is consistent with the city's acknowledged Comprehensive Plan.
Therefore,the proposal complies with statewide planning goals,including citizen involvement,public
facilities,transportation,and urbanization.
2.Any federal or state statutes or regulations found applicable;
FINDINGS:
ORS 222:
State law (ORS 222.120(4) ORS ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
w en
territory owners of lar in the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and
provide public notice to be published once each week for two successive weeks prior to the day of the
hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be
POS in four public places in the city for the same two week period.
The owner of the subject parcels has submitted petitions for annexation to the City. The subject parcel is
contiguous to the City's boundary. City staff mailed notice on December 24, 2013, and published public
notice in The Tigard Times for two successive weeks Uanuary 2 and january 9,2014) prior to the January 14,
2014 public hearing and posted the hearing notice for public view on December 20, 2013 in the Tigard
Library,Tigard City Hall,Tigard Permit Center,and near the proposed annexation sites.
CONCLUSION: Staff finds that the provisions of ORS 222 have been met.
3.Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary.Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the
Metro regulations for Local Government Boundary Changes and addressed the applicable regulations
(Metro Code 3.09.045(d) & (e) and 3.09.050)below:
FINDINGS:
Metro 3.09.045 (d,) and W
The proposed annexation is not being reviewed through an expedited process, but subsections (d) of
Metro Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed.
(d) To approve a boundary change through an expedited process,the city shall:
(1) Find that the change is consistent with expressly applicable provisions in:
(A)Any applicable urban service agreement adopted pursuant to ORS 195.065;
The Tigard Urban Service Agreement (I'USA) is between the City, County, Metro, and the service
Districts for water, sewer, transportation, pars and public safety. Theaeement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating in the Tigard
Urban Services Area. These services are addressed above at the beginning of this report.
The Urban Planning AreaAgreement (UPAA) between the City and the County provides coordination of
comprehensive planning and development, defines the area of interest, and includes policies with respect
to the active planning area and annexation. The agreement states that "so that all properties within the
Tigard Urban Service Area will be served by the City, the County and City will be supportive of
annexations to the City."
The applicable annexation policies include the assignment of comprehensive plan and zoning designations
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addressed earlier in this report and acknowledgements that the City is the ultimate service provider of
urban services within the 'Tigard Urban Service Area. The City has adhered to the Comprehensive
Planning and Development Policies outlined in the UPAA, and provided notice to/requested comments
from Washington County prior to the public hearing.
(B)Any applicable annexation plan adopted pursuant to ORS 195.205;
These statutes outline the process for annexations initiated by a city or district, including public hearings
and voting procedures. This statute is not applicable since the annexation was initiated by the property
owner. The property owner (City of Tigard)-has submitted a petition to annex. There are no registered
voters at the sites.
(C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between
the affected entity and a necessary party;
ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that
Srovides an urban service within the boundaries of the county or the Metropolitan Service District.
pecial districts would include fire, water, school, and sewer districts. These districts are the same within
the county and city with the exception of the sewer district, which will be the City of Tigard following
development of the subdivision. Planning for these areas will still be considered by the same special
districts upon annexation due to existing agreements with the City.
(D)Any applicable public facility plan adopted pursuant to a statewide planning goal on public
facilities and services; and
The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals
and Oregon Administrative Rule 660-11. A revised plan is currently being developed aspart of periodic
review and the River Terrace Community Plan. New Comprehensive Plan goals and policies for public
facilities were adopted in 2008 (Goal 11), and the applicable goals and policies were addressed previously
in this report. The proposed annexation is consistent with the Tigard Public Facility Plan.
(E)Any applicable comprehensive plan; and
The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed
previously in this report.
(2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic
provision of public facilities and services; (B) Affect the quality and quantity of urban services;
and (C) Eliminate or avoid unnecessary duplication of facilities or services.
Theproposed annexation will allow urban services to be provided for any future development of the sites,
which are currently planned for a city park and rights-of-way. Site A is currently developed with a vacant,
single-family home on septic, already served by city water, and served by Washington County and Tualatin
Valley Fire and Rescue (TVF&R). Upon annexation sanitary sewer and storm can be extended to serve
future development. In addition, Tigard Police will serve the site instead of Washington County Sherriff.
TVF&R will continue to provide service as it is a county-wide provider.
(e)A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel
that lies partially within and outside the UGB. Neither a city nor a district may extend water or
sewer services from inside a UGB to territory that lies outside the UGB.
The property to be annexed is not outside the UGB. This criterion is not applicable.
Metro 3.09.050 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
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ZCA2013-00004&ZCA2013-00006 P_1GF.7 OF 11
make available to the public a report that addresses the criteria in subsection (d) below, and that
includes at a minimum the following:
The staff report was available December 30,2013, fifteen days prior to the public hearing.
(1) The extent to which urban servicespresently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available and can be extended if necessary to the
affected territory.
(2) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be withdrawn from
the Washington County Enhanced Sheriffs Patrol District and Urban Road Service District upon
completion of the annexation. This withdrawal is incorporated into the proposed ordinance.
(3) The proposed effective date of the boundary change.
The public hearingg will take place January 14, 2014. If the Council adopts findin s to approve ZCA2013-
00004 and ZCA2013-00006, the effective date of the annexations will be upon f-Nn with the Secretary of
State officeper Oregon Revised Statutes (ORS 222.180) or 30 days following City Council adoption,
whichever is later.
(c) The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
The proposed boundary change meets the applicable criteria as demonstrated in this staff report.
(d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the
factors set forth in subsections (d) and (e) of Section 3.09.045.
The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously
addressed in this report.
CONCLUSION: As shown in the above findings the proposed annexation satisfies the Metro Code
regulations related to Local Government Boundary Changes. This criterion is met.
(Tigard CDC 18.390.060 continued)
4.Any applicable comprehensive plan policies; and
FINDINGS: Findings addressing the applicable Comprehensive Plan policies were provided previously in
this report.
CONCLUSION: As previously demonstrated, the proposed annexation is consistent with all applicable
comprehensive plan policies.
5.Any applicable provisions of the City's implementing ordinances.
FINDINGS: Resolution 13-08 extended previously approved incentives for properly owners that
voluntary annex into the city limits through February 2014. The properties to be annexed are owned by
the city and are not subject to property tax. Therefore, the provisions of Resolution 13-08 do not apply in
this case.
SECTION VII. STAFF & AGENCY COMMENTS
Tigard Police reviewed the proposed annexation and have no objections.
No other comments were received.
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ZCA2013-00004&ZCA2013-00006 PAGE 8 OF 11
SECTION VIII. PUBLIC COMMENTS
The City mailed notice to surrounding property owners within 500 feet. No written public comments
were received.
Com- OL December 30,2013
PREPARED BY: Cheryl Caines DATE
Associate Planner
1
�2 _
December 30,2013
REVIEWED BY: Tom McGuire DATE
Asst. Community Development Director
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