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Ordinance No. 18-09 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- 0 ci AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APPROVING THE SHELBY ANNEXATION (ZCA2018-00001), 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 Planning Commission held a public hearing on April 16,2018, and Tigard City Council held a public hearing on May 8, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S109AB, Tax Lot 1400, and withdrawal of said parcel 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 two (2) public hearings on the issue of annexation into the City on April 16,2018 and May 8,2018; 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 Community 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. 18-O 9 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 "Planning Commission Recommendation to the City Council" (ZCA2018-00001) as findings in support of this decision; a copy of the recommendation 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 a certified copy of this 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: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the annexation shall be effective upon the effective date of this ordinance and filing with the Secretary of State. • PASSED: By 1,110W,naNa vote of all Council members present after being read by number and title only, this g'-``- day of .7"2 .4`y ,2018. Carol A. Krager, City Recorder APPROVED: By Tigard City Council this day of -May , 2018. Approved as to form: Jason B. Snider,Council President ,7 City Attb Date ORDINANCE No. 18- C)` Page 2 EXHIBIT A Summit Land Surveyors, LLC 12950 SW Pacific Hwy, Suite 255 Phone, OR Fax 223 503. SUM Phone& Fax 503.928.5589 www.summitlandsurveyors.corn LAND SURVEYORS April 16, 2018 Annexation Description Basis of Bearings: The bearings noted hereon are based on Washington County Record of Survey Number 10843. Legal description: That Tract of land described in deed to Matthew Shelby and Tabitha Shelby and recorded in document No. 2018-004647, Washington County deed records being more particularly described as follows: Beginning at the Southeast corner of Lot 21 "Alpine View", a duly recorded plat in Washington County; thence along the Westerly line of SW Alpine Crest Way and Tract"D"of said Plat and the Southerly projection thereof, S00°01'00"W, 394.85 feet to a point on the Northerly right of way line of SW Bull Mountain Road (County Road No. 2515); thence along said right of way line, N60°57'30"W, 138.99 feet; thence leaving said right of way line, N00°01'00"E, 328.01 feet to a point on the Southerly line of Lot 24"Alpine View"; thence along the Southerly line of Lots 24 and 21 "Alpine View", S89°42'00"E, 121.53 feet to the point of beginning. Containing: 1.01 Acres. I' REGISTERED PROFESSION AL LAN: SU'■ !` `ra GON FEBRUARY 08, 2000 JOHN R. WADE 59999 LS EXPIRES: 06/30/18 30 EXHIBIT B 5 31 33 34 Z / 11 m 29 4 a I- U Q Q 28 32 3 12 E- _ SW OUZEL LANE w 27 < 2 N 13 c4 23 1- 15 J. ce o 1 14 c 22 z � 26 \ c 25 Q 24 Q N, SW STARVIEW DRIVE rP 21 u) S89'42'00"E 121.53' 1 20 POINT OF BEGINNING 19 18 b 1— oa w1 17 F- 0 0 �o zo �o to �ooc o 'n 00 . off' 0 N C O0 00 I__ �, v Sy, Nf.al 5:610Sitil) 1 (CO490 R` Mo,� :ftioil 1A141 oTq/� R S�S Oq0 ti6o. S J s 3899 o w / REGISTERED PROFESSIONAL LL, \ LAi S `f Y•' Z S/4/3•6 > coS Ilk Ci- E ON M FEBRUARY 08, 2000 7 JOHN R. WADE 0 59999 LS EXPIRES: 06/30/20 NOTE: THE BASIS OF BEARINGS NOTED HEREON ARE BASED ON WASHINGTON COUNTY RECORD OF SURVEY NUMBER 10843. r'ho.: _ vvel -S& PROPERTY ANNEXATION EXHIBIT TRACT AS DESCRIBED PER DOC. NO. 2018-004647 qr SITUATED IN THE NORTHEAST SUMMITTOWN /4 OF SECTION 9, SHIP 2 SOUTH, RANGE 1 W ST,IWILLAMETTE MERIDIAN, LAND SURVEYORS WASHINGTON COUNTY,OREGON 12552 SN' PACIFIC h GI-WAY, SUITE 255 , TIGARD SR 97223 JOB NO.: DATE: SCALE: 'PREPARED FOR: ',�Ir r', ax: c3.928.5sss 998-261 04/16/18 1"=100' MATTHEW SHELBY John, Plotted: Apr 16, 2018 — 3:14pm, P.\998-261 SW Bull Mnt Rd Annex\dwg\Maps\998-261—Work.dwg EXHIBIT C Hearing Date: May 8,2018 Time: 7:30 P.M. PLANNING COMMISSION �� RECOMMENDATION TO THE CITY COUNCIL TIGAR • FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: SHELBY ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00001 APPLICANTS/ Matthew and Tabitha Shelby OWNERS 13285 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard.The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400 COUNTY ZONE: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone 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 are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2018-00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies: Goal 1.1;Goal 11.1,Policy 4;Goal 11.3,Policy 6;Goa112;and Goal 14.2,Policies 1-4.Therefore,Planning Commission recommends APPROVAL of ZCA2018-00001 to City Council. SHELBY ANNEXATION PAGE 1 OF 12 ZCA2018-00001 SECTION III. BACKGROUND INFORMATION The 1.03-acre site (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) is located on the north side of SW Bull Mountain Road;east of SW 133`d Avenue,and west of SW Greenfield Drive.According to the Washington County Assessment and Taxation report, the site was developed with a detached, single- family dwelling in 1972.The property is also occupied by an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. In June 2017, City Council approved the subject property, along with six (6) other properties, for delayed annexation, as part of the "Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08,the effective date of annexation for the"Zone 3"properties is July 27,2020.However,the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer. On April 16,2018,Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00001). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the City of Tigard Community Development Code (TDC), using the approval criteria contained in TDC 18.720.030. City Council will make a decision on this application, with a recommendation from Planning Commission. Additionally, IDC 18.710 requires two public hearings: one before Planning Commission (on April 16, 2018), and one before City Council (on May 8, 2018). City staff followed public noticing requirements, in accordance with TDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222. City staff posted public hearing notices in four public places on March 22, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16, 2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial SHFT BY ANNEXATION PAGE 2 OF 12 ZCA2018-00001 annexations shall be decided by the city council with a recommendation by planning commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by 1DC 18.710, using the approval criteria contained in l'UC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval Criteria. The approval authority shall approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements 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. 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. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on March 14, 2018. Public hearings for deliberations on this proposed boundary change were scheduled before Planning Commission (on April 16,2018) and before City Council (on May 8, 2018). City staff posted public hearing notices in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions SHELBY ANNEXATION PAGE 3 OF 12 ZCA2018-00001 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.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 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 under Comprehensive Plan, Goal 11: Public Facilities and Services 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 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 later 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 adopted annexation plan associated with this proposal.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 site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriffs Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site,and Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 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 Rules Chapter 660,Division 25.As addressed under Comprehensive Plan,Goal 11: Public Facilities and Services 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; SHELBY ANNEXATION PAGE 4 OF 12 ZCA2018-00001 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan.The specific sections of the Comprehensive Plan that apply to this application will be addressed,later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore,this provision does not apply. 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 site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services 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 proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office;and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and 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. The subject site is not located outside the UGB. Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection(D) and includes the following information: This staff report was made available to the public on March 29,2018,more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory, including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services 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. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and SHELBY ANNEXATION PAGE 5 OF 12 ZCA2018-00001 The proposed annexation area 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. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on May 8, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00001, the effective date of this annexation will be upon filing with the Oregon Secretary of State,as outlined in ORS 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 Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (TDC 18.720.030 Continued) A.2.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely,orderly and economic provision of City of Tigard public facilities and services;affect the quality and quantity of urban services; and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that 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 that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. SHE'BY ANNEXATION PAGE 6 OF 12 ZCA2018-00001 TDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Districts/Plan Designation City of Tigard Zoning Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre 1DC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations.As outlined in the table above, the assignment of city designations for the subject property will be based on these conversions, and shall occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: 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 were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on March 22,2018(Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16,2018 public hearing before the Planning Commission.Additionally,this staff report was made available to the public on March 29,2018, more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services 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. As detailed in findings below, staff concludes that all public facilities and services are available to the proposed annexation area, and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way,and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area.The subject site is currently served by an existing 10-inch water main along SW Bull Mountain SHELBY ANNEXATION PAGE 7 OF 12 ZCA2018-00001 Road.The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject property 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 Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. 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 Sheriffs Patrol District, and the City of Tigard Police Department will provide public safety services to the site.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 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 Public Works Department.The applicant proposes to annex a 1.03-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 currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction,and is classified as a collector 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. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way, and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject property 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 Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve SHFI BY ANNEXATION PAGE 8 OF 12 ZCA2018-00001 the existing property. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector 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. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 14.2, 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 for the subject property is addressed under 1'UC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation property, and have sufficient capacity to provide service. Goal 14.2,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 Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report,staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. • Goal 14.2, 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. In June 2017, City Council approved the subject property (13285 SW Bull Mountain Road; WCTM 2S109AB,Tax Lot 1400),along with six (6) other properties, for delayed annexation,as part of the"Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08, the effective date of annexation for the "Zone 3" properties is July 27, 2020. However, the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer.Annexation of Tax Lot 1400 will enable public services to be efficiently and effectively extended to the subject site. Additionally, Ordinance No. 2017-08 ensures that the unincorporated properties adjacent to Tax Lot 1400 will be annexed into the city SHELBY ANNEXATION PAGE 9 OF 12 ZCA2018-00001 on July 27, 2020; this will eliminate the "Zone 3" unincorporated islands. Accordingly, this proposed annexation request is consistent with the policy outlined above. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes; Mergers; Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, 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. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing; ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing 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. This application to annex the subject property (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) was submitted by the property owners. Additionally, the City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. Therefore, an election is not required for this annexation application. However, the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (on April 16,2018) and before City Council(on May 8,2018). City staff published,posted,and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018. SHELBY ANNEXATION PAGE 10 OF 12 ZCA2018-00001 SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies 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. 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 March 22,2018.As of April 23,2018, no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2:Map of"Zone 3 Island Annexation"Properties Attachment 3: Statement from Property Owner,dated February 6, 2018 Attachment 4: City of Tigard Planning Commission,Draft Minutes dated April 16,2018 SHELBY ANNEXATION PAGE 11 OF 12 ZCA2018-00001 SECTION VII. CONCLUSION Planning Commission .finds that the proposed annexation meets all applicable approval criteria, outlined in TDC Chapters 18.710 and 18.720;Comprehensive Plan Goal 1.1, Goal 11.1,Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. 11.001- `-- ce April 23,2018 PREPARED BY: Lina Smith Assistant Planner April 23. 2018 APPROVED BY: Tom McGuire Assistant Community Development Director SHELBY ANNEXATION PAGE 12 OF 12 ZCA2018-00001 /� / j/i ' sr a t AI7SLN ' z' Attachment 1:Zoning Map �� / C j I _� 1 �z. I L1L R-7 'r ~ Generalized Zoning Categories -NTAIN RIDGE CT -- Wlltl` R-7 PD �,Ifli� 1 I 4- H H aNi� r 0. I J ; Zoning Description r� , 1....____3,--\,,.. �- rn p i `DNf VIEW DR �� - jaWe Z f Residential a ____:1 ,,I,,,,,,;„1„ p '� u3_, 7. W��' "R ��� Mixed Use Residential , z- Q c" I i j 'A m • J__ 4 'L 3 ' Mixed Use Central Business District �I �_ /�fj EAH TER_\..... i I ( Commercial ■ r * STARVIEW DR Mixed Use Employment R-7 PD f_ O�' �Fi} - Raj 1 ' 1 j ) r nIndustrial • �� •,....,•.• • Parks and Recreation //' \ \ • i *Washington County Zoning ! l -\ '-" a -� 1 ■ Overlay Zones n ■ Historic District Overlay �.�Yi •u+ 43, 1 •• •1 II ii �� Y :�r �4+Q`\� / f A`►�VV • 1 1 /uI ( OPlanned Development Overlay \��j�A, i, h • C. •fV ■ a •c, 'v • -n..., >• 1 =� $ubiect Site 4207 �`i,,N,/,,,,\"\\$),„:"------.4‘,/__, .2.,'(I/ f- -t f .� R-7 '• ■ i NICO F :' '-. UO � � <� \------- ----._ 11 ■ - Map printed at 1120 AM on 05-Apr-18 j Q �i ' (a_ le R-7 i— IM anon s bbS°Prm xibh the �� 1RHETT , 1= p DA,IS DERIVED FROM MULTIPLE SOURCES THE WY OF TIGARD MAKES NO wit— az »� — TIM w .off CT �—__ ._«1i .>, . N INACCURACIES IN 1HE INFORMATION PROVIDED REGARDLESS OF HOW CAUSM �k y o I ■T COMMUNITY DEVELOPMENT DEPARTMENT O4, c MADDIE LN p p 3l SWI 21i Blvd �.. .0 Feet , �� Cr r--,-- I - �'I�i+iR J GPS Tig03 OR 97223 iil__..yL I , III "Irl 503839-0171 ■. ::. wxw.G9erdor.9ov 1 S - AI/ 111.z Attachment 2: ; cYtit4 44,41, ( ,_ii ice_-_ �„` �.Z Zone 3 Island Annexation •M�`' HTAIN RIDGE CT c WIL' Under Ordinance No. 2017-08, t � Al 14111111111.411111111! � City Council approved the 71:o* WAN ■r� � 3 -�+ subject property, along withysix ,,,". (6)other properties,for delayed Z■ w ��"'� . LN annexation, which will be 410"pilltaiLpilE VI DR .��1w�9',,,2=W!' ____ effective on July 27,2020. I The subject property owners fiddling I ■■ w;'".z„„„,IrrWill- ►� now request p t y annex �H TER I 11*. Anil © immediate),� y,in order to hook up -_� Subject Property STARVIEDRR to city sewer. 1 I '�O �- -mss p�•. -•�•••� � 2 � ARVIE a 61,.114riaiwiN ipc . ,_, .. 11111 ME plitir 4 v klilillrimi ali - ---; INL, IP* In ra . : • all v./ 6 ,1,1 `"----1 .! g dkill . f V!L MOUNTAIN • sc.” - 13.41- ON LN t RD FP*, -Agit it` A 11.1111111. .0%* A . N, vior ---------U, 110.® P I'RHETTIli m to .� y . qr.� IMF el %4741 41111111 ■ MADDI-N Feet 1r 1 1 —I:i---,_ Ill I -ill I Attachment 3 Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected.While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank.The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life. The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020.That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby Attachment 4 CITY OF TIGARD PLANNING COMMISSION Minutes,April 16,2018 Location:Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Alt. Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: Commissioner Lambert Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin,Executive Assistant;Lina Smith,Assistant Planner COMMUNICATIONS - None CONSIDER 3/19/18 MINUTES President Fitzgerald asked if there were any additions, deletions, or corrections to the March 19 minutes;there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING SHELBY ANNEXATION QUASI-JUDICIAL ANNEXATION ZCA2018-00001 REQUEST: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400. April 16,2018 Page 1 of 3 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: None. Ex-parte contacts: None. Site visitations: Commissioners Jackson, Feeney, and Schmidt. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, 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 that the Planning Commission recommend APPROVAL of ZCA2018-00001 to City Council. APPLICANT PRESENTATION —Applicant not present. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a brief deliberation, Vice President Feeney made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00001 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Roberts seconded the motion. VOTE - Win favor—none opposed. April 16,2018 Page 2 of 3 RESULT - Motion for approval passes unanimously. OTHER BUSINESS -Tom McGuire,Assistant Community Development Director let the commissioners know that Commissioner Jan Lambert had resigned from her position, and that this leaves an open voting position. He said he will advise the Mayor of the resignation, and told the commissioners that Mayor Cook and City Council Liaison Tom Anderson will make a decision as to how to fill the balance of that open term. Tom noted that there is a public hearing scheduled for May 21 and that others would be upcoming as well. He asked the commissioners if they had ideas on topics they would like to learn more about in future meetings and he took note of the various interests for future discussion. ADJOURNMENT President Fitzgerald adjourned the meeting at 7:30 p.m. Doreen Laughlin,Planning Commission Secretary A I LST: President Calista Fitzgerald April 16,2018 Page 3 of 3 Exhibit A CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done 111111 ■ io TIGARD Shelby Annexation ZCA2O18-00001 Presented to Tigard Planning Commission April 16,2018 CITY OF TIC \ R D 11 _ ; 1 sr 11—i, j- -41_ Zone 3 Island Annexation i)ii. 0 MTAsF CT ..".• c I —Wil. Under Ordinance No.2017-08, ' /-I-,- I \--/"T7--1. I < _I.. _ls, 1: '«i�- _ i �/ city counal approved the ¢ i -----1ll.- I_ _L-13 3�L F —I"1 jpropertyalong WIy subject , with six A ���������� �-Ly ' 'kr' J V �gtpINE VIEN�OR _---)SII,_-- LA�-'W be _ i _ z J -f (6)other properties.for delayed �,` I u 1N T�- enecxation, which will ' I I I-1 r \___. .\\--- l-�9\ S --1L ', i effective on July z7.zozo 1 ✓ a �,r� --- t 'I �- �I J.� I-al'" --�.Iti _ ...I L The sublecl property owners t H I u 1 _ I�< w I I r l I- 1-7- now request to annex /f�M T_, _ I -1 LS _ I .iI 1 I I J., immediately in order to hook up { i 1 _STRriEW DR- }/... to city sewer, 1_ - 1— _-_ _� athi\ I z r-`_ ARV`•9 1_'' 1_ 1 \ r Pay 1 l 1 1 1y �' \ G I _� -r IF. 4 7 1 �N LL-1-,i__r-+W _ r _M `r / ]W 1 1 r__1. mIm / I Eth \ L illti,- jhx =� .),„<-__ I� 4'[L MOUNTTAIN� Cy9 r ....- _1 FA-1'1E140LN RD'_ 1 � ...-InL L_ r - I lii.,,,j'00, ,,,, __,, C,I_- ,,,1 1, 1 RNETT t .1 FA�EFIAI • I °y. 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