Ordinance No. 17-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2017-Q
AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALLING 5.083 ACRES,
APPROVING THE ZONE 4 ISLAND ANNEXATION (ZCA2017-00008), AND
WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON
COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY
URBAN ROAD MAINTENANCE DISTRICT.
WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex
unincorporated territory surrounded by the City; 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 June 27, 2017, to consider the
annexation of 5.083 acres of land consisting of Washington County Tax Map (WCTM) 2S109AB, Tax
Lots 400 and 500, and withdrawal of said parcels from the Tigard Water District, Washington County
Enhanced Sheriffs 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 annexation into the City on June 27,2017;and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District, and
Washington 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 properties from the applicable service districts is in the best
interest of the City of Tigard.
ORDINANCE No. 17-D
Page 1
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in
the attached Exhibits "A" and `B", and withdraws said parcels from the Tigard
Water District, Washington County Enhanced Sheriff s Patrol District, and
Washington County Urban Road Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2017-
00001 to ZCA2017-00010) 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 properties
from the Tigard Water District, Washington County Enhanced Sheriff s 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(2), the annexation shall be effective on July 27,2020.
PASSED: By &11A?11;M02" vote of all Council members present after being read by number
and title only,this 27 day of ,2017.
-71'51M01"'I Ax
Carol Krager, City Reeccorde
APPROVED: By Tigard City Council this 2 7 day of , 2017.
Approved as to form: John . Cook,Mayor
City Attorney
T
Date
ORDINANCE No. 17-
Page 2
EXHIBIT A
CITY OF TIGARD ANNEXATION—ZONE 4
LEGAL DESCRIPTION
A tract of land in the Northeast quarter of Section 9,Township 2 South,Range 1 West of the
Willamette Meridian;being a portion of that property conveyed by Document Number 2016-
069324,Washington County Deed Records;in the City of Tigard,Washington County,Oregon;
and being more particularly described as follows:
Beginning at the northeast corner of said property,also being the initial point of the subdivision
plat recorded as Raven Ridge,which point bears South 89°53'02"East 960.84 feet from the
North one-quarter comer of said Section 9;
thence along the westerly line of said plat of Raven Ridge,South 00°05'57"East a distance of
366.29 feet to the north right-of-way line of S.W.Wilmington Lane,being property as conveyed,
to City of Tigard,by Document Number 2011-089715,Washington County Deed Records;
thence along said north right of way line,South 89°54'59"West a distance of 91.86 feet to the
beginning of a 203.00-foot radius curve to the left;
thence along said curve,having a central angle of 13°31'44"(chord bears South 83009'07"West
a distance of 47.82 feet),along an arc length of 47.93 feet to a point of reverse curvature;
thence along the arc of a 168.00 foot radius curve to the right,having a central angle of
13°38'34"(chord bears South 83°12'32"West a distance of 39.91 feet),along an arc length of
40.00 feet to a point of tangency;
thence North 89'58'11"West a distance of 150.04 feet to the beginning of a 22.00-foot radius
curve to the right;
thence along last said curve,having a central angle of 39°27'54"(chord bears North 70'14'14"
West a distance of 14.86 feet),along an arc length of 15.15 feet to a,non-tangent,point on the
east line of that property conveyed be Document Number 2017-036876,Washington County
Deed Records;
thence along said east line North 0°05'57"West a distance of 62.46 feet,more or less,to the
north line of said property conveyed be Document Number 2017-036876;
thence along the north line of said property conveyed be Document Number 2017-036876,North
89°54'34"West a distance of 291.85 feet,more or less,to the east line of that subdivision plat
recorded as Three Mountains Estates;
thence along last said east line,North 0°01'23"East a distance of 310.11 feet,more or less,to
the north line of said Section 9 also being the south line of that property conveyed by Document
Number 2012-035381,Washington County Deed Records;
thence along said south line,South 89°53'02"East 634.19 feet to the Point of Beginning.
Bearings are based upon plat of Raven Ridge.
REGISTERED
Area includes 5.012 acres,more or less. PROFESSIONAL
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GARY R. ANDERSON
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EXHIBIT"C"
Hearin Date: June 27 2017 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 NAME: ISLAND ANNEXATIONS
CASE NO: Zone Change Annexation (ZCA) ZCA2017-00001 TO ZCA2017-00010
APPLICANT: City of Tigard OWNERS: Multiple
Attn:Liz Newton
13125 SW Hall Boulevard
Tigard,OR 97223
PROPOSAL: The City of Tigard is proposing to annex ten different areas of unincorporated land,
all of which are completely surrounded by land in the City of Tigard jurisdiction.
These ten unincorporated "islands" contain multiple properties, ranging in number
from one to 55 parcels.
LOCATIONS AND ZONING DESIGNATIONS:
TAX ID NUMBER SITE ADDRESS COUNTY ZONE CITY ZONE
1S125CD04200 7505 SW LANDAU ST R-5 R-4.5
1S135AD02800 8540 SW SPRUCE ST R-15 R-25
2S104BC00200 13995 SW FERN ST R-6 IZ-7
2S104BC01300 14444 SW FERN ST R-6 1Z-7
2S104BC01500 R-6 R-7
2S104BC01800 14150 SW FERN ST R-6 R-7
2S104BD01600 13865 SW FERN ST R-6 R-7
2S104BD09200 13985 SW FERN ST R-6 R-7
2S105DD00900 15065 SW SUNRISE LN R-6 R-7
2S105DD01200 14905 SW SUNRISE LN R-6 R-7
2S 109AB00400 R-6 R-7
2S109AB00500 14023 SW ALPINE CREST R-6 R-7
2S109AB01100 13265 SW BULL MOUNTAIN R-6 R-7
2S109AB01400 13285 SW BULL MOUNTAIN R-6 R-7
2S109AB01600 13379 SW BULL MOUNTAIN R-6 R-7
2S109AB01700 13395 SW BULL MOUNTAIN R-6 R-7
2S109AC00300 14665 SW 133RD AVE R-6 R-7
2S109AC00400 14635 SW 133RD AVE R-6 R-7
2S109ACO2300 13175 SW BULL MOUNTAIN R-6 R-7
2S109AD03800 12525 SW WINTERVIEW DR R-6 R-7
ISLAND ANNEXATIONS
ZCA2017-00001 TO ZCA2017-00010 PAGE 1 OF 16
2S109AD03900 12557 SW WINTERVIEW DR R-6 R-7
2S109AD04000 12589 SW WINTERVIEW DR R-6 R-7
2S109AD04100 12615 SW WINTERVIEW DR R-6 R-7
2S109AD04200 12639 SW WINTERVIEW DR R-6 R-7
2S109AD04300 12663 SW WINTERVIEW DR R-6 R-7
2S109AD04400 12687 SW WINTERVIE\X'DR R-6 R-7
2S109AD04500 12692 SW WINTERVIEW DR R-6 R-7
2S109AD04600 12668 SW WINTERVIEW DR R-6 R-7
2S109AD04700 12644 SW WINTERVIEW DR R-6 R-7
2S109AD04800 12620 S\X'WINTERVIEW DIZ R-6 R-7
2S109AD04900 12657 SW TERRAVIEW DR R-6 R-7
ZS109AD05000 12673 SR'TERRAVIE\Z'DR R-6 R-7
2S109AD05100 12653 SW SUMMERVIEW CT R-6 R-7
2S109AD05200 12685 SW SUNlNlERVIE\X%C1' R-6 R-7
2S109AD05300 12690 SW SUMMERVIEW CT R-6 R-7
2S109AD05400 12658 SW SUMMERVIEW CT R-6 R-7
2S109AD05500 12626 SW SUMMERVIEW CT R-6 R-7
2S109AD05600 12753 S\X'TERRAVIE\X'DR R-6 R-7
2S109AD05700 12781 SW TERRAVIEW DR R-6 R-7
2S109AD05800 12802 SW TERRAVIEWX'DR R-6 R-7
2S109AD05900 12788 SW TERRAVIEW DR R-6 R-7
2S109AD06000 12774 S\X'TERRAVIE\X'DR R-6 R-7
2S109AD06100 12760 SW TERRAVIEW DR R-6 R-7
2S109AD06200 12746 SW TERRAVIE\X`DR R-6 R-7
2S109AD06300 12732 SW TERRAVIEW DR R-6 R-7
2S109AD06400 14919 S\X'SUMMI?RVIE\X'DR R-6 R-7
2S109AD06500 14926 SW SUMMERVIEW DR R-6 R-7
2S109AD06600 12680 S\X'TERRAVIE\X'DR R-6 R-7
2S109AD06800 12662 SW TERRAVIEW DR R-6 R-7
2S109AD06900 12596 SW WINTERVIEW DR R-6 R-7
2S109AD07000 12564 SW WINTERVIEW DR R-6 R-7
2S109AD07100 12532 S\X'\X'INTERVIE\X'DR R-6 R-7
2S109AD07200 12500 SW WINTERVIEW DR R-6 R-7
2S109AD07300 R-6 R-7
2S 109AD07400 R-6 R-7
2S109AD09900 14940 SW SUMMERVIEW DR R-6 R-7
2S109DA00200 14954 SW SUMMERVIEW DR R-6 R-7
2S109DA00300 14968 SW SUMMERVIEW DR R-6 R-7
2S109DA00400 14982 SW SUMMERVIEW DR R-6 R-7
2S109DA00500 14996 SW SUMMERVIEW DR R-6 R-7
2S109DA00700 12558 SW AUTUMNVIEW ST R-6 R-7
2S109DA00800 12574 SW AUTUNINVIEW ST R-6 R-7
2S109DA00900 15012 SW SUMMERVIEW DR R-6 R-7
2S109DA01000 15024 SW'SUNIMRRVIEW DR R-6 R-7
ISLAND ANNEXATIONS
ZCA2017-00001 TO ZCA2017-00010 PAGE 2 OF 16
2S109DA01100 15030 SW SUMMERVIEW DR R-6 R-7
2S109DA01200 15056 SW SUMMERVIEW DR R-6 R-7
2S109DA01300 15067 SW SUMMERVIEW DR R-6 R-7
2S109DA01400 15051 SW SUMMERVIEW DR R-6 R-7
2S109DA01500 15035 SW SUMMERVIEW DR R-6 R-7
2S109DA01600 15019 SSV SUMi\IERVIE\1'DR R-6 R-7
2S109DA01700 15003 SW SUMMERVIEW DR R-6 R-7
2S109DA01800 14987 SW SUMMERVIEW DR R-6 R-7
2S109DA01900 14961 SW SUMMERVIEW DR R-6 R-7
2S109D A02000 R-6 R-7
2S109DB01801 13020 SW SUMMIT RIDGE R-6 R-7
2S115AB00300 16280 SAX' 113TII AVE R-24 R-25
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 annexations (ZCA2017-00001 to ZCA2017-
00010) meet 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 ZCA2017-00001 to ZCA2017-00010 by adoption of
the attached ordinances.
SECTION III. BACKGROUND INFORMATION
The City of Tigard is proposing to annex ten different areas of unincorporated land, all of which are
completely surrounded by land in the City of Tigard jurisdiction. These ten unincorporated"islands" contain
multiple properties,ranging in number from one to 55 parcels. The applicant has identified the ten proposed
annexation areas as"Zones 1 through 9."
Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation
applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of
Tigard staff(instead of the property owners),and are therefore considered involuntary annexations. Zone 6B
is the only proposed annexation area in this project that has been voluntarily submitted by the property
owner.
Zone 1 is 15.164 acres in size, and contains 55 tax lots. The site is located on the south side of SW Bull
Mountain Road, north of SW Beef Bend Road, east of SW Greenfield Drive, and west of SW Pacific
Highway (Highway 99W). The 55 properties in Zone 1 were originally approved as part of the Arlington
Heights and Arlington Heights No. 2 Subdivisions. The properties are currently located in the Washington
County R-6 District(residential 6 units per acre).
ISLAND ANNEXATIONS
ZCA2017-00001 TO ZCA2017-00010 PAGE 3 OF 16
Zone 2 is 1.13 acres in size, and is made up of one (1) tax lot (13020 SW Summit Ridge Street; WCTM
2S109DB, Tax Lot 1801). The site is located on the south side of SW Summit Ridge Street, north of SW
Beef Bend Road, east of SW 133`d Avenue, and west of SW Oak Valley Terrace. The property is currently
located in the Washington County R-6 District.
Zone 3 contains "Tracts A through C," and is made up of seven (7) total tax lots. Tract A is 2.832 acres in
size, and is made up of three (3) tax lots (13285, 13379, and 13395 SW Bull Mountain Road; WCTM
2S109AB,Tax Lots 1400, 1600,and 1700). Tract A is located on the north side of SW Bull Mountain Road,
east of SW 1334 Avenue,and west of SW Alpine Crest Way.Tract B is 2.016 acres in size,and is made up of
two (2) tax lots (13175 and 13265 SW Bull Mountain Road; WCTM 2S109AC, Tax Lot 2300 and WCTM
2S109AB,Tax Lot 1100). Tract B is on the north side of SW Bull Mountain Road, east of SW Alpine Crest
Way,and west of SW 130`'' Avenue.Tract C is 1.757 acres in size,and is made up of two (2) tax lots (14635
and 14665 SW 133`d Avenue;WCTM 2S109AC,Tax Lots 400 and 300). Tract C is located on the south side
of SW Bull Mountain Road,and the west side of SW 133d Avenue.All Zone 3 properties are located in the
Washington County R-6 District.
Zone 4 is 5.012 acres in size, and is made up of two (2) tax lots (14023 SW Alpine Crest Way; WCTM
2S109AB, Tax Lots 400 and 500). The site is north of SW Wilmington Lane, south and east of SW
Benchview Terrace, and west of SW Greenfield Drive. The properties are currently located in the
Washington County R-6 District
Zone 5 contains "Tracts A and B," and is made up of two (2) tax lots (14905 and 15065 SW Sunrise Lane;
WCTM 2S105DD,Tax Lots 1200 and 900). Tract A is 0.512 acres in size,and Tract B is 0.498 acres in size.
Both properties are located north and east of SW Sunrise Lane,south of SW Barrows Road,and west of SW
Sandridge Drive.The properties are currently located in the Washington County R-6 District
Zone 6A contains "Tracts A through C," and is made up of five (5) total tax lots. Tract A is 6.250 acres in
size, and is made up of three (3) tax lots (13865, 13985, and 13995 SW Fern Street;WCTM 2S104BD,Tax
Lots 1600 and 9200 and WCTM 2S104BC,Tax Lot 200). Tract A is located on the north side of SW Fern
Street,east of SW Windsong Court,and west of SW Walnut Street.Tract B is 1.007 acres in size,and is made
up of one (1) tax lot (14150 SW Fern Street; WCTM 2S104BC, Tax Lot 1800). Tract B is located on the
south side of SW Fern Street, east of SW Ascension Drive, and west of SW 135th Avenue. Tract C is 1.049
acres in size, and is made up of one (1) tax lot (14444 SW Fern Street; WCTM 2S104BC, Tax Lot 1300).
Tract C is located on the south side of SW Fern Street, east of SW Creekshire Drive, and west of SW
Ascension Drive.All Zone 6A properties are located in the Washington County R-6 District.
Zone 6B is 0.930 acres in size, and is made up of one (1) tax lot (WCTM 2S104BC,Tax Lot 1500). The site
is located on the south side of SW Fern Street, east of SW Ascension Drive,and west of SW 1356 Avenue.
The property is currently located in the Washington County R-6 District. The Zone Change Annexation
application for Zone 6B (Case No. ZCA2017-00010) was signed by the property owner, Michael Lee
Hohnbaum. Additionally, Zone 6B is the only proposed annexation area in this project that has been
voluntarily submitted by the property owner.
Zone 7 is 0.225 acres in size, and is made up of one (1) tax lot (8540 SW Spruce Street;WCTM 1S135AD,
Tax Lot 2800). The site is located on the south side of SW Spruce Street, east of SW Hall Boulevard, and
west of SW 78t' Avenue. The property is currently located in the Washington County R-15 District
(residential 15 units per acre).
ISLAND ANNEXATIONS
ZCA2017-00001 TO ZCA2017-00010 PAGE 4 OF 16
Zone 8 is 0.609 acres in size, and is made up of one (1) tax lot (7505 SW Landau Street;WCTM 1S125CD,
Tax Lot 4200). The site is located on the north side of SW Landau Street, east of SW 77d'Avenue, and west
of SW 74`'' Avenue. The property is currently located in the Washington County R-5 District (residential 5
units per acre).
Zone 9 is one (1) acre in size, and is made up of one (1) tax lot (16280 SW 113`''Avenue;WCTM 2S115AB,
Tax Lot 300).The site is located south of SW Durham Road,east of SW 113 'Avenue,and west of SW 108`l
Avenue. The property is currently located in the Washington County R-24 District (residential 24 units per
acre).
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
CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
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. Staff interprets the phrase "all services and facilities are
available to the area" to mean the services and facilities are currently available and present in the vicinity of
the proposed annexation areas, or in the case of sewer and water services, are present in the vicinity and
can be made available to the proposed annexation areas through an extension. Therefore, staff finds that
all services are available for the proposed annexation areas,and have adequate capacity to serve the subject
sites,as detailed in the additional findings below.
Stormwater— City of Tigard. City of Tigard stormwater infrastructure either currently exists adjacent to
the proposed annexation areas, or can be made available to the subject sites. Additionally, any properties
that are currently served by Clean Water Services will have their stormwater service transferred to the City
of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is
adequate capacity to serve the proposed annexation areas.
Water — City of Tigard/Tigard Water District. Two of the proposed annexation properties (8540 SW
Spruce Street; WCTM 1S135AD, Tax Lot 2800 and 7505 SW Landau Street; WCTM 1S125CD, Tax Lot
4200) are currently located within the Tualatin Valley Water District (I'VWD), and will continue to receive
water service from that agency. TVWD reviewed the proposal,and had no objections.
ISLAND ANNEXATIONS
ZCA2017-00001 TO ZCA2017-00010 PAGE 5 OF 16
The other proposed annexation properties are located within the Tigard Water Service Area. City of Tigard
water infrastructure either currently exists adjacent to the proposed annexation areas, or can be extended
to the subject sites. The City of Tigard Public Works Department reviewed the proposal, and determined
there is adequate capacity to serve the proposed annexation areas.
Sewer — City of Tigard. City of Tigard sanitary infrastructure either currently exists adjacent to the
proposed annexation areas, or can be extended to the subject sites. Additionally, any properties that are
currently served by Clean Water Services will have their sanitary service transferred to the City of Tigard.
The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate
capacity to serve the proposed annexation areas.
Police—City of Tigard Police Department.The Washington County Sheriff's Office currently provides
police services to the proposed annexation areas. If these annexation requests are approved,the properties
will be withdrawn from the Enhanced Sheriffs Patrol District. The City of Tigard Police Department
reviewed the proposal, and had no objections. Because of the island configurations of the proposed
annexation areas,they will be more efficiently served by the City of Tigard.
Fire—Tualatin Valley Fire and Rescue.The proposed annexation areas are currently 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 subject sites, which will not change with these
annexation requests.TVF&R reviewed the proposal,and had no objections.
Parks—City of Tigard. According to the Tigard Urban Services Agreement, the City of Tigard is the
primary service provider of parks within the Urban Services Area.Actual provision of services depends on
annexation of territory within this service area, subject to the Tigard Park System Master Plan. Staff has
reviewed the annexation proposals, and determined that these requests will not adversely impact the city's
ability or capacity to provide for parks and recreational needs.
Streets — City of Tigard Engineering Division. The Washington County Urban Road Maintenance
District currently provides maintenance and road services to the proposed annexation areas that currently
contain public streets. Several of the subject properties are also located in a Washington County Service
District for Lighting, and receive maintenance services for neighborhood street lights through this
program. If these annexation requests are approved, the properties will be withdrawn from the
Washington County Urban Road Maintenance District and Washington County Service District for
Lighting. Upon annexation, street-related services will be provided by the City of Tigard. The City of
Tigard Engineering Division reviewed the proposal,and had no objections.
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 areas, or can be made
available, and have sufficient capacity to provide service. The proposed annexations 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:
ISLAND ANNEXATIONS
ZCA2017-00001 TO ZCA2017-00010 PAGE 6 OF 16
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 issues public notices for Type
III and 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 7, 2017 (Tigard City Hall,
Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed
public hearing notices to all interested parties and neighboring property owners within 500 feet of the
subject site on June 1, 2017; and the city published a public hearing notice in The Tigard Times for two
successive weeks (with publish dates on June 8,June 15, and June 22, 2017) prior to the June 27, 2017
public hearing before Tigard City Council.
In addition to the Type III and Type IV public notice procedures outlined above, city staff conducted
public outreach efforts prior to submitting these annexation applications,including hosting an open house
for affected property owners at Tigard City Hall on April 5,2017.
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.
City of Tigard stormwater infrastructure either currently exists adjacent to the proposed annexation areas,
or can be made available to the subject sites.Additionally,any properties that are currently served by Clean
Water Services will have their stormwater service transferred to the City of Tigard. The City of Tigard
Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the
proposed annexation areas.
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.
City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation areas, or
can be made available to the subject sites. Additionally, any properties that are currently served by Clean
Water Services will have their sanitary service transferred to the City of Tigard. The City of Tigard Public
Works Department reviewed the proposal, and determined there is adequate capacity to serve the
proposed annexation areas.
Goal 12:To provide and encourage a safe, convenient, and economic transportation system.
The Washington County Urban Road Maintenance District currently provides maintenance and road
services to the proposed annexation areas that currently contain public streets. Several of the subject
properties are also located in a Washington County Service District for Lighting, and receive maintenance
services for neighborhood street lights through this program. If these annexation requests are approved,
the properties will be withdrawn from the Washington County Urban Road Maintenance District and
Washington County Service District for Lighting. Upon annexation,street-related services will be provided
by the City of Tigard. The City of Tigard Engineering Division reviewed the proposal, and had no
objections.
Goal 14.2: Implement the Tigard Urban Services Agreement through all reasonable and necessary
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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 Tigard zoning district designations that most closely conform to the existing Washington County
zoning designations for the properties to be annexed are the ones proposed to be assigned to the area, as
described in the specific findings 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 18.320.020.13.1 above, staff finds urban level services are available to the
proposed annexation areas, or can be made available,and have adequate capacity to provide service.
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 areas,or can be made available,and have adequate capacity to provide service.
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.
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.
All proposed annexation areas are "islands" of unincorporated land that are completely surrounded by
land in the City of Tigard jurisdiction,and are contiguous to the city's boundaries. ORS 222.111 states that
a proposal for annexation of contiguous territory to a city may be initiated by the legislative body of the
city (City Council), on its own motion, or by a petition to the legislative body of the city by owners of real
property in the territory to be annexed. Aside from the application for Zone 6B (Case No. ZCA2017-
000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to
ZCA2017-00009) were submitted by City of Tigard staff(instead of the property owners), and are therefore
considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has
been voluntarily submitted by the property owner. Accordingly, a majority of the proposed annexation
applications were initiated by the legislative body of the City of Tigard, the City Council, and therefore are
consistent with the above policy.
CONCLUSION: The proposed annexation applications satisfy the applicable Comprehensive Plan
policies and implementing ordinance provisions. 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
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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: TDC Table 18.320.1 summarizes conversions for City of Tigard comprehensive plan
designations and zoning designations that are most similar and most closely implement Washington
County comprehensive plan designations and zoning designations. As illustrated in the table below, the
assignment of city designations for the subject properties will be based on these conversions, and will
occur automatically and concurrently with the proposed annexations.
TDC TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS
Washington County Land Use City of Tigard Zoning City of Tigard
Districts/Plan Designation Plan Designation
R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq. ft. Low density 1-5 units/acre
R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre
R-15 Res. 15 units/acre R-25 Multifamily 25 units/acre Medium-High density 13-25
units/acre
R-24 Res. 24 units/acres R-25 Multifamily 25 units/acre Medium-High density 13-25
units/acre
CONCLUSION: Upon annexation, the subject properties will be assigned City of Tigard comprehensive
plan designations and zoning designations that are most similar and most closely implement Washington
County comprehensive plan designations and zoning designations, as indicated in TDC Table 320.1,
above.
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 Section
18.390.020.13,which were addressed in the previous section. Chapter 18.390 requires City Council to hold
a hearing on an annexation. In addition to implementing the procedures for Type IV land use applications,
city staff also followed public noticing requirements for Type III land use applications. Accordingly, 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 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public
Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested
parties and neighboring property owners within 500 feet of the subject site on June 1, 2017; and the city
published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on
June 8,June 15,and June 22,2017) prior to the June 27,2017 public hearing before Tigard City Council.
Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV
decision:
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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 the proposed annexations are consistent with the Comprehensive Plan
goals and policies,as discussed above in this report.
CONCLUSION: The proposed annexations are consistent with the city's acknowledged Comprehensive
Plan. Therefore,the proposals comply 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
ORS 222.111 states that a proposal for annexation of contiguous territory to a city may be initiated by the
legislative body of the city (City Council), on its own motion, or by a petition to the legislative body of the
city by owners of real property in the territory to be annexed. A city is not required to hold an election for
such annexations 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 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 a like period.
All proposed annexation areas are "islands"of unincorporated land that are completely surrounded by land
in the City of Tigard jurisdiction,and are contiguous to the city's boundaries. Aside from the application for
Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation applications for all subject sites (Case
Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of Tigard staff(instead of the property
owners), and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation
area in this project that has been voluntarily submitted by the property owner.
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 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard
Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all
interested parties and neighboring property owners within 500 feet of the subject site on June 1,2017;and
the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates
on June 8, June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City
Council.
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
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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
below:
FINDINGS:
Metro 3.09.030
(A) The notice requirements in this section apply to all boundary change decisions by a
reviewing entity except expedited decisions made pursuant to section 3.09.045. These
requirements apply in addition to, and do not supersede, applicable requirements of ORS
Chapters 197, 198, 221 and 222 and any city or county charter provision on boundary
changes.
The proposed annexations are considered boundary change decisions by a reviewing entity,and will not be
processed as expedited decisions.Therefore,these notice requirements apply.
(B) Within 45 days after a reviewing entity determines that a petition is complete, the
entity shall set a time for deliberations on a boundary change. The reviewing entity shall
give notice of its proposed deliberations by mailing notice to all necessary parties, by
weatherproof posting of the notice in the general vicinity of the affected territory, and by
publishing notice in a newspaper of general circulation in the affected territory. Notice
shall be mailed and posted at least 20 days prior to the date of deliberations.Notice shall
be published as required by state law.
(C)The notice required by subsection (B) shall:
(1) Describe the affected territory in a manner that allows certainty;
(2) State the date, time and place where the reviewing entity will consider the boundary change;
and
(3) State the means by which any person may obtain a copy of the reviewing entity's report on the
proposal.
City staff determined the proposed annexation applications were complete on May 30, 2017, and a public
hearing for deliberations on the proposed boundary changes before Tigard City Council was scheduled for
June 27,2017.
City staff gave notice of the proposed deliberations through the following methods: the city posted public
hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard
Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all
interested parties and neighboring property owners within 500 feet of the subject site on June 1,2017;and
the city published a public hearing notice in The Tigard Timer for two successive weeks (with publish dates
on June 8, June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City
Council.
Metro 3.09.045 (D) and 4E)
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) and (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:
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(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, or can be made available, 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;
There is no applicable annexation plan associated with this project. Therefore, this provision does not
apply.
(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 those for utilities, police, fire, and schools. Upon approval of this proposed
annexation, the City of Tigard will provide sewer and stormwater services to the subject sites; the City of
Tigard or Tualatin Valley Water District will provide water service; the City of Tigard Police Department
will provide public safety services,instead of the Washington County Sheriffs Office;any of the proposed
annexation areas that currently contain public streets will be removed from the Washington County Urban
Road Maintenance District; and any of the proposed annexation areas that are currently located in the
Washington County Service District for Lighting will be removed from that program.
(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, Division 11. The city makes appropriate updates to
the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon
Administrative Rule 660,Division 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.
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(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 proposed annexation areas are "islands" of unincorporated land that are completely surrounded by
land in the City of Tigard jurisdiction, and are contiguous to the city's boundaries. 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 areas, or can be made available,and have sufficient capacity to provide service. Upon approval
of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the subject
sites; the City of Tigard or Tualatin Valley Water District will provide water service; the City of Tigard
Police Department will provide public safety services, instead of the Washington County Sheriff's Office;
TVF&R will continue to provide fire protection and emergency medical services; any of the proposed
annexation areas that currently contain public streets will be removed from the Washington County Urban
Road Maintenance District; and any of the proposed annexation areas that are currently located in the
Washington County Service District for Lighting will be removed from that program. The proposed
annexations 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 annexation areas are 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 12, 2017, 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 areas,or can be made available,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 party; and
The proposed annexation areas will remain within Washington County, but will be withdrawn from the
Washington County Enhanced Sheriff's Patrol District, the Washington County Urban Road Maintenance
District, and the Washington County Service District for Lighting upon completion of these annexation
requests. These withdrawals are incorporated into the attached ordinance.
(3)The proposed effective date of the boundary change.
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A public hearing regarding this annexation request will take place before Tigard City Council on June 27,
2017. Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation
applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of
Tigard staff(instead of the property owners),and are therefore considered involuntary annexations. Zone 6B
is the only proposed annexation area in this project that has been voluntarily submitted by the property
owner.
If Council adopts findings to approve Case No. ZCA2017-00010 for Zone 6B, the effective date of this
annexation will be upon filing with the Oregon Secretary of State, as outlined in Oregon Revised Statutes
Chapter 222.180. If Council adopts findings to approve Case Nos. ZCA2017-00001 and ZCA2017-00003
to ZCA2017-00009,the effective date of these annexations will be June 27,2020.
Aside from sewer, all Public Facilities and Services (as defined by the City of Tigard Comprehensive Plan)
are currently available to Zone 5 (Case No. ZCA2017-00002). However, sanitary infrastructure is in place
in the vicinity and can be made available to Zone 5 at some point in the future. Accordingly,the applicant
has requested the effective date of annexation for Zone 5 be in 10 years, or when City of Tigard sanitary
infrastructure is available to the subject properties,whichever occurs first.
(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 changes meet 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 annexations satisfy 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 annexations satisfy applicable City of Tigard
Comprehensive Plan policies.
5.Any applicable provisions of the City's implementing ordinances.
FINDINGS: In February 2016, Tigard City Council passed Resolution 16-07, 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. Although the subject "island" properties are being processed through
involuntary annexation procedures, the above referenced incentives are still being applied to these
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applications through direction of City Council.As previously demonstrated through the findings contained
within this report, the proposed annexations are consistent with all applicable sections of the City of
Tigard Community Development Code.
CONCLUSION: Staff concludes the proposed annexations satisfy applicable provisions of the city's
implementing ordinances.
SECTION V. AGENCY COMMENTS
The City of Tigard Engineering Division, Police Department, and Public Works Department were
sent copies of this proposal,and had no objections.
Frontier Communications was sent a copy of the applicant's proposal,and had no objections.
Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal,and had no objections.
Tualatin Valley Water District was sent a copy of the applicant's proposal,and had no objections.
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SECTION VI. PUBLIC COMMENTS
City staff mailed public hearing notices to all interested parties and neighboring property owners within
500 feet of the subject sites on June 1, 2017. As of June 12, 2017, no written public comments were
received.
June 12.2017
PREPARED BY: Lina Smith DATE
Assistant Planner
a
--- mac' Tune 12.2017
REVIEWED BY: Tom McGuire DATE
Assistant Community Development Director
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