Ordinance No. 16-13 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2016-
AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING
APPROXIMATELY 1.23 ACRES, APPROVING THE ZEIDER ANNEXATION (ZCA2016-
00002), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,
WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND
WASHINGTON COUNTY URBAN ROAD 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 Road Maintenance District upon completion
of the annexation;and
WHEREAS, the Tigard City Council held a public hearing on July 12,2016, to consider the annexation
of one (1) parcel Washington County Tax Map (WCTM) 2S109DB, Tax Lot 1701 of land located on
SW Summit Ridge Street, and withdrawal of said parcel from the Tigard Water District, Washington
County Enhanced Sheriff s Patrol District, and Washington County Urban Road 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 July 12, 2016;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 Road 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. 16-f
Page 1
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in
the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard
Water District, Washington County Enhanced Sheriffs Patrol District, and
Washington County Urban Road Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2016-
00002) as findings in support of this decision; a copy of the staff report is attached
hereto as Exhibit "C"and incorporated herein by this reference.
SECTION 3: 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 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and
Washington County Urban Road Maintenance District shall be the effective date of
this annexation.
SECTION 5: In accordance with ORS 222.180, the annexation shall be effective upon filing with
the Secretary of State.
PASSED: By JZZ=/I'I'4(*S vote of all Council members present after being read by number
and title only, this /,day of 12016.
Carol Krager, City Recorder 01
APPROVED: By Tigard City Council this f k-day of0-4r-A, 32016.
Approved as to form: J L. Cook, Mayor
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City AttWnQ
x'11 a-I I(.
Date
ORDINANCE No. 16-f 3
Page 2
EXHIBIT "A"
AK AKS ENGINEERING&FORESTRY,LLC
12965 SW Herman Road,Suite 100, tin,OR 97062 AKS Job#4105
P:(503)563-6151 F:(503)563-6152
ENGINEERING d FORESTRY OFFICES IN: TUALATIN,OR- VANCOUVER,WA - SALEM,OR
EXHIBIT A
Legal Description
A tract of land located in the southeast one-quarter of Section 9,Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon and being more particularly described as follows:
Beginning at a 5/8 inch iron rod with a yellow plastic cap inscribed "ALPHA COM. DEV."at the
southeast corner of the plat of"Summit Ridge No. 3", being on the southerly right-of-way line of SW
Summit Ridge Street(variable width right-of-way); thence along said southerly right-of-way line,
North 88°00'47" West 201.48 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "ALPHA
COM. DEV."at the northwest corner of Exhibit D of Document Number 2014-071527 and the True
Point of Beginning; thence along the west line of said deed, South 01°15'46" West 246.39 feet to a 5/8
inch iron rod with a yellow plastic cap inscribed "AKS ENGR."at the northeast corner of Exhibit B of
Document Number 2014-070764;thence along the north line of said deed,North 88°45'31" West
76.18 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "AKS ENGR."; thence South
O1°15'46 West 29.99 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR.";
thence North 88°45'31" West 125.82 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed
"AKS ENGR."on the east line of Lot 11 of the plat of"Woodside"; thence along said east line and the
northerly extension thereof, North 0I'l5'46" East 279.02 feet to a 3/4 inch iron pipe on the southerly
right-of-way line of SW Summit Ridge Street(variable width right-of-way); thence along said
southerly right-of-way line, South 88°00'47"East 202.02 feet to the True Point of Beginning.
The above described tract of land contains 1.23 acres, more or less.
01/29/2016
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EXHIBIT B
A TRACT OF LAND LOCATED IN THE SE 1 /4 OF SEC. 9, T2S, R1 W,
WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON
POINT OF
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LAND SURVEYOR INSCRIBED "AKS ENGR."
PREPARED FOR
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OREGON4230 SW GALEWOOD ST, DRAWN BY:MSK CHECKED BY:SRB X—
DWG:ANNEANDERSON X06: 4105
JANUARY 9, 2007 SUITE 100 AKS ENGINEERING & FORESTRY, LLC
NICK WHITE LAKE OSWEGO, OR 97035 12965 SW HERMAN RD SUITE 100
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EXHIBIT "C"
Hearin Date: July 12 2016 Time: 7:30 PM
STAFF REPORT TO THE
q
CITY COUNCIL =
FOR THE CITY OF TIGARD, OREGON '
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: ZEIDER ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2016-00002
APPLICANT: Janet K. Zeider OWNER: Same as applicant
13100 SW Summit Ridge Street
Tigard,OR 97224
PROPOSAL: Annex one (1) parcel located on the south side of SW Summit Ridge Street,
approximately 1.23-acres in size,into the City of Tigard.
LOCATION: 13100 SW Summit Ridge Street;WCTM 2S109DB,Tax Lot 1701
COUNTY ZONE: R-6: Residential, five units/acre minimum density, six units/acre maximum density.
The purpose of the R-6 District is to implement the policies of the Comprehensive
Plan for areas designated for residential development at no more than six (6) units
per acre and no less than five (5) units per acre, except as specified by Section 300-
2, Section 300-5, or Section 303-6. The intent of the R-6 District is to provide the
opportunity for more flexibility in development than is allowed in the R-5 District.
EQUIVALENT
CITY ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
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.
SECTION II. STAFF RECOMMENDATION
Staff recommends the Council find that the proposed annexation (ZCA2016-00002) meets all the
approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community
Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and
Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4.
Therefore, staff recommends APPROVAL of ZCA2016-00002 by adoption of the attached
ordinance.
ZEIDER ANNEYLMON
ZC12016-00002 PAGE 1 OF 10
SECTION II1. BACKGROUND INFORMATION
The 1.23-acre site is located on the south side of SW Summit Ridge Street, east of SW 133 d Avenue and
west of SW Oak Valley Terrace; south of the city's border with unincorporated Washington County. As
defined by Washington County Land Use Districts, the property is zoned R-6 Residential, as are adjacent
properties to the east and west. Adjacent properties to the north and south are located within the City of
Tigard, and are zoned R-7 (Medium-Density Residential).
According to the Washington County Assessment & Taxation Report, the site was developed with an
approximately 6,000-square-foot detached, single-family dwelling in 1996. The property is also occupied by
an attached garage, paved driveway,various accessory structures,and associated landscaping.
The subject site was initially proposed as part of the Summit Ridge No. 5 Annexation in March 2015 (Case
No. ZCA2014-00002). However, the applicant and property owner opted to exclude the property from the
previous annexation request. Instead, the property owner signed and recorded an annexation contract that
allowed the City of Tigard to annex the subject property within four years of the contract date, or sooner
at the written request of the property owner. Under the terms of this contract, the property owner
consented to annexation into the City of Tigard, and waived any right to remonstrate.
The applicant and property owner now proposes to annex the site, in order to connect to City of Tigard
sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall
require a property to be located within the City limits prior to receiving City wastewater services."
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 12, 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 Tigard Community
Development Code (TDC),based on the following findings:
Chapter 18.320.020.B: Approval 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;
FINDINGS: As detailed in the City of Tigard 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's Glossary includes public safety, parks, and
transportation under Public Facilities and Services. All services are available for the proposed annexation
site, and have adequate capacity to serve the existing development.
Stormwater— City of Tigard. City of Tigard stormwater infrastructure is available by an existing twelve-
inch stormwater main along SW Summit Ridge Street. The City of Tigard Public Works Department
reviewed the applicant's proposal,and determined there is adequate capacity to serve the existing property.
Water— City of Tigard/Tigard Water District. The property is located within the Tigard Water Service
Area. The subject site is occupied by a detached, single-family home that is currently served by an existing
ZEIDER ANNEXAnON
MA2016-00002 PAGE 2 Or 10
eight-inch water main along SW Summit Ridge Street. The City of Tigard Public Works Department
reviewed the applicant's proposal,and determined there is adequate capacity to serve the existing property.
Sewer—City of Tigard.The applicant proposes to annex the subject parcel in order to connect to City of
Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City
shall require a property to be located within the City limits prior to receiving City wastewater services."
City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Summit
Ridge Street.
The City of Tigard Public Works Department reviewed the applicant's proposal, and determined there is
adequate capacity to serve the existing property. The City of Tigard Engineering Division also reviewed
and responded to the applicant's proposal, requiring the applicant to apply for a Public Facility
Improvement (PFI) permit prior to connecting to city sewer. In addition, the existing septic system shall
be abandoned within the standards set forth by the Washington County Environmental Health Program.
Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides
police services to the subject property. If this annexation request is approved, the site will be withdrawn
from the Enhanced Sheriff's Patrol District. The City of Tigard Police Department reviewed the
applicant's proposal, and had no objections.
Fire — Tualatin Valley Fire and Rescue. The subject property is located within the service area for
Tualatin Valley Fire and Rescue (TVF&R). Accordingly, TVF&R currently provides fire protection and
emergency medical services to the site, which will not change with this annexation request. TVF&R
reviewed the applicant's proposal,and had no objections.
Parks—City of Tigard. The applicant proposes to annex a 1.23-acre property into the City of Tigard. Staff
has reviewed the applicant's proposal and determined that this request will not adversely impact the city's
ability or capacity to provide for parks and recreational needs.
Streets — City of Tigard Engineering Division. The subject property has approximately 202 feet of
direct frontage along SW Summit Ridge Street,which is currently under the city's jurisdiction. SW Summit
Ridge Street is also classified as a local street under the City of Tigard Transportation System Plan. The
proposed annexation will not impact the existing transportation system. In addition, the property will be
removed from the Washington County Urban Road Maintenance District.
CONCLUSION: Based upon this review, staff finds that all Public Facilities and Services (as defined by
the City of Tigard Comprehensive Plan) are available to the proposed annexation property, and have
sufficient capacity to provide service. The proposed annexation will not adversely impact levels of service
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 City of Tigard Comprehensive Plan goals and policies apply to the proposed
annexation: Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Staff
has determined that the proposal has satisfied the applicable Comprehensive Plan goals and policies based
on the following findings:
Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other
jurisdictions the opportunity to participate in all phases of the planning process.
The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens will be provided
an opportunity to be involved in all phases of the planning process, the city provides notice for Type IV
land use applications. City staff posted, mailed, and published notice of the public hearing as follows: the
city posted public hearing notices at four public places on June 21, 2016 (Tigard Public Library, Tigard
ZEIDER ANNEXATION
ZCA2016-00002 PAGE 3 OF 10
City Hall, Tigard Permit Center, and the subject property on 13100 SW Summit Ridge Street); city staff
mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of
the subject site on June 1, 2016; and the city published a public hearing notice in The Tigard Times for two
successive weeks Qune 30 and July 7, 2016) prior to the July 12, 2016 public hearing before Tigard City
Council.
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.
The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater
infrastructure is available by an existing twelve-inch stormwater main along SW Summit Ridge Street. In
addition, the City of Tigard Public Works Department reviewed the applicant's proposal, and determined
there is adequate capacity to serve the existing property.
Goal 11.3: Public Facilities and Services.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services.
The applicant proposes to annex the subject parcel in order to connect to City of Tigard sewer. This is
consistent with the policy outlined above. City of Tigard sewer infrastructure is available by an existing
eight-inch sanitary main along SW Summit Ridge Street, The City of Tigard Public Works Department
reviewed the applicant's proposal,and determined there is adequate capacity to serve the existing property.
Goal 12: To provide and encourage a safe,convenient, and economic transportation system.
The subject property has approximately 202 feet of direct frontage along SW Summit Ridge Street, which
is currently under the city's jurisdiction. SW Summit Ridge Street is also classified as a local street under
the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing
transportation system.
Goal 14.2: Implement the Tigard Urban Services Agreement through all reasonable and necessary
steps, including the appropriate annexation of unincorporated properties.
Policy 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 applicable Tigard zoning district designation is addressed below, under Chapter 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.
As addressed under Chapter 18.320.020.B.1 above, staff finds urban level services are available to the
proposed annexation property,and have adequate capacity to serve the existing development.
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
As addressed under Chapter 18.320.020.B.1 above, staff finds all public facilities and services are available
to the proposed annexation property,and have adequate capacity to serve the existing development.
B. is consistent with applicable state statute.
As reviewed later in this report, staff finds the applicable provisions of Oregon Revised Statutes Chapter
222 have been met, consistent with this policy.
ZEIDER ANNEXATION
ZCA2016-00002 PAGE 4 OF 10
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.
The proposed annexation property (13100 SW Summit Ridge Street;WCTM 2S109DB, Tax Lot 1701) was
initially proposed as part of the Summit Ridge No. 5 Annexation in March 2015 (Case No. ZCA2014-
00002). However, the applicant and property owner opted to exclude the site from the previous
annexation request. In addition, the property owners of the adjacent parcel (13020 SW Summit Ridge
Street; WCTM 2S109DB, Tax Lot 1801) also requested to be excluded from the previous annexation
request. At the time, the city expressed concern that failure to annex these two properties with the Summit
Ridge No. 5 Annexation would prevent public services from being efficiently and effectively extended to
the entire area. Therefore, the owners of 13020 and 13100 SW Summit Ridge Street signed and recorded
annexation contracts that allow the City of Tigard to annex the two properties within four years of the
contract dates, or sooner at the written request of the property owners. Under the terms of these
contracts, the property owners consented to annexation into the City of Tigard, and waived any right to
remonstrate.
The property owner of 13100 SW Summit Ridge Street now proposes to annex the subject site,in order to
connect to City of Tigard sewer. The property owners of 13020 SW Summit Ridge Street are not
proposing to annex at this time. Although approval of this annexation request will create a temporary
unincorporated island at 13020 SW Summit Ridge Street, the above-referenced annexation contract
ensures the subject property will be annexed into the city within four years of the contract date.
Furthermore, city staff sent invitations to adjacent property owners in April 2016 to join in on this
annexation request,but did not receive any responses.
CONCLUSION: Annexation of the adjacent parcel (13020 SW Summit Ridge Street; WCTM 2S109DB,
Tax Lot 1801) is not necessary at this time, as an annexation contract is already in place for the subject
property. The city has coordinated with all applicable jurisdictions and agencies for the annexation site.
Staff finds all public facilities and services are available to the proposed annexation property, and have
adequate capacity to serve the existing development. Furthermore, the proposed annexation is consistent
with all applicable City of Tigard Comprehensive Plan policies. This criterion is met.
Chapter 18.320.020.C: Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the city's zoning district which most closely implements the city's or county's comprehensive
plan map designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land which carries county designations, the city
shall convert the county's comprehensive plan map and zoning designations to the city
designations which are the most similar.
FINDINGS: As defined by Washington County Land Use Districts, the site is zoned R-6 Residential, as
are adjacent properties to the east and west. Adjacent properties to the north and south are located within
the City of Tigard, and are zoned R-7 (Medium-Density Residential). Washington County's R-6 zone is
intended for residential development at no more than six (6) units per acre and no less than five (5) units
per acre. TDC Table 18.320.1 summarizes conversions for Washington County and City of Tigard plan
and zoning designations. Based on this table, Washington County's R-6 zone is equivalent to the City of
Tigard R-7 zoning district.
CONCLUSION: Upon annexation, the subject property will be zoned R-7 (Medium-Density Residential),
which most closely implements Washington County's R-6 plan and zoning designation. This criterion is
met.
ZEIDER ANNEXAnON
ZCA2016-00002 PAGE 5 OF 10
Chapter 18.390.060: Type IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the City
of Tigard 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 ten business days prior to the hearing. City staff mailed public
hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site
on June 1, 2016, and published a public hearing notice in The Tigard Times for two successive weeks Qune
30 and July 7, 2016) prior to the July 12,2016 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 of Tigard Comprehensive Plan has been acknowledged by the Land Conservation
and Development Commission to be in compliance with Oregon's Statewide Planning Goals and
Guidelines. In addition, staff finds this annexation proposal is consistent with the Comprehensive Plan
goals and policies, as discussed above in this report.
CONCLUSION:This annexation proposal is consistent with the city's acknowledged Comprehensive
Plan. Therefore, the proposal complies with the Statewide Planning Goals and Guidelines,including
citizen involvement, land use planning,public facilities and services, transportation,and urbanization.
2. Any federal or state statutes or regulations found applicable;
FINDINGS:
Oregon Revised Statutes (ORS) Chapter 222- City Boundary Changes; Mergers; Consolidations;
Withdrawals
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of land 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
posted in four public places in the city for the same two week period.
The owner of the subject parcel has signed a petition for annexation to the City of Tigard. The site is
contiguous to the city's boundary.
City staff posted, mailed, and published notice of the public hearing as follows: the city posted public
hearing notices at four public places on June 21, 2016 (Tigard Public Library, Tigard City Hall, Tigard
Permit Center, and the subject property on 13100 SW Summit Ridge Street); city staff mailed public
hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site
on June 1,2016;and the city published a public hearing notice in The Tigard Times for two successive weeks
Qune 30 and July 7,2016) prior to the July 12,2016 public hearing before Tigard City Council.
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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 (e)
The proposed annexation is not being reviewed through an expedited process,but subsection (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 (TUSA) is between the City of Tigard, Washington County, Metro,
and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines
the role, provision, area, and planning/coordination responsibilities for service providers operating in the
Tigard Urban Services Area. As addressed in Chapter 18.320.020.B.1 of this report, staff finds that all
urban services are available to the proposed annexation property, and have sufficient capacity to provide
service.
The Urban Planning Area Agreement (UPAA) between the City of Tigard and Washington 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 applicable annexation
policies include the assignment of comprehensive plan and zoning designations addressed earlier in this
report, and acknowledgements that the city is the ultimate service provider of urban services within the
Tigard Urban Service Area.
(B) Any applicable annexation plan adopted pursuant to ORS 195.205;
This statute outlines the process for annexations initiated by a city or district,including public hearings and
voting procedures. However, this statute is not applicable, as the annexation was initiated by the applicant
and property owner, Janet K. Zeider. Mrs. Zeider submitted a signed petition to annex; she is the sole
property owner and registered voter at the subject property.
(C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between
the affected entity and a necessary party;
ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district
that provides an urban service within the boundaries of the county or the metropolitan district. Examples
of special districts include water, sewer, police, fire, and school districts. Upon approval of this proposed
annexation, the City of Tigard will provide sewer service to the site; the City of Tigard Police Department
will provide public safety services to the property, instead of the Washington County Sheriff's Office; and
the property will be removed from the Washington County Urban Road Maintenance District.
(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 Guidelines and Oregon Administrative Rule 660-11. The city snakes appropriate updates to the Public
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Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon
Administrative Rule 660-25. As addressed under Chapter 18.320.020.B of this report, staff finds the
proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan.
(E) Any applicable comprehensive plan; and
The City of Tigard Comprehensive Plan applies to this proposed annexation. As addressed in Chapter
18.320.020.B.2 of this report, staff finds the applicable Comprehensive Plan goals and policies have been
satisfied.
(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.
The applicant proposes to annex the subject parcel in order to connect to City of Tigard sewer. As
reviewed in Chapter 18.320.020.B.1 of this report, staff finds that all public facilities and services are
available to the proposed annexation property, and have sufficient capacity to provide service. Upon
approval of this annexation, the City of Tigard Police Department will provide public safety services to the
property, instead of the Washington County Sheriff's Office. TVF&R will continue to provide fire
protection and emergency medical services to the site. The proposed annexation will not adversely impact
levels of service within the City of Tigard.
(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 proposed property to be annexed is not outside the UGB. Therefore, this criterion does not apply.
Metro 3.09.050 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
make available to the public a report that addresses the criteria in subsection (d) below, and that
includes at a minimum the following:
This staff report was available to the public on June 27, 2016, fifteen (15) days prior to the public hearing
before Tigard City Council.
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed in Chapter 18.320.020.B.1 of this report, staff finds that all urban services are available to the
proposed annexation property, and have sufficient capacity to provide service.
(2) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary parry; and
The subject property will remain within Washington County, but will be withdrawn from the Washington
County Enhanced Sheriff's Patrol District and the Washington County Urban Road Maintenance District
upon completion of this annexation request. These withdrawals are incorporated into the attached
ordinance.
(3)The proposed effective date of the boundary change.
A public hearing regarding this annexation request will take place before Tigard City Council on July 12,
2016. If Council adopts findings to approve ZCA2016-00002, the effective date of this annexation will be
ZEIDER ANNEK-MON
ZC12016-00002 PAGE 8 OF 10
upon filing with the Oregon Secretary of State, as outlined in Oregon Revised Statutes Chapter 222.180.
(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 through the findings 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 factors set forth in subsections (d) and (e) of Section 3.09.045 have been previously addressed in this
report.
CONCLUSION: Staff concludes the proposed annexation satisfies applicable regulations outlined in
Chapter 3.09 Local Government Boundary Changes of the Metro Code. This criterion is met.
(Tigard CDC 18.390.060 continued)
4.Any applicable comprehensive plan policies; and
FINDINGS: Applicable City of Tigard Comprehensive Plan policies were addressed under Chapter
18.320.020.B.1 of this report.
CONCLUSION: Staff concludes the proposed annexation satisfies applicable City of Tigard
Comprehensive Plan policies.
5.Any applicable provisions of the City's implementing ordinances.
FINDINGS: In February 2013, Tigard City Council passed Resolution 15-07, which extended previously
approved incentives for property owners to annex into the city limits, for reasons that do not include the
need for city services. These incentives include a waiver of the city annexation application fee, and phasing
in of increased property taxes. However, the applicant proposes to annex the subject parcel in order to
connect to City of Tigard sewer; therefore, these incentives do not apply. As previously demonstrated
through the findings contained within this report, the proposed annexation is consistent with all applicable
sections of the City of Tigard Community Development Code.
CONCLUSION: Staff concludes the proposed annexation satisfies applicable provisions of the city's
implementing ordinances.
SECTION V. AGENCY COMMENTS
The City of Tigard Police Department, City of Tigard Public Works Department, and Tualatin
Valley Fire & Rescue were sent copies of the applicant's proposal,and had no objections.
The City of Tigard Engineering Division also reviewed and responded to the applicant's proposal.Prior to
connecting to city sewer, the applicant shall apply for a Public Facility Improvement (PFI) permit. In addition,
the existing septic system shall be abandoned within the standards set forth by the Washington County
Environmental Health Program.
SECTION VI. PUBLIC COMMENTS
City staff mailed public hearing notices to all interested parties and neighboring property owners within
500 feet of the subject site on June 1, 2016. As of June 23, 2016, no written public comments were
received.
ZEIDER ANNEXATION
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-1 ,lune 23-2016
PREPARED BY: Lina Smith DATE
Assistant Planner
Judie 23,2016
REVIEWED BY: om McGuire DATE
Assistant Community Development Director
ZEIDER ANNEXAMN
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