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ZCA2018-00003
ZCA2018 - 00003 CHASE ANNEXATION Final Documents for Annexation to Tigard Metro proposal number: WA3218 Ordinance/Resolution: 2018-17 Annexation: ZCA 2018-00003 DOR: 34-2361-2018 OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION DENNIS RICHARDSON MARY BETH HERKERT Q DIRECTOR SECRETARY OF STATE 800 Summer Street NE Z Salem,Oregon 97310 (503)373-0701 .g Facsimile(503)378-4118 September 18,2018 RECEIVE City of Tigard SEP 2 4 2018 Associate Planner CITY OF TIGARD 13125 SW Hall Blvd PLANNING/ENGINEERING Tigard, OR 97223 Dear City Recorder: Please be advised that we have received and filed, as of September 18,2018, the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD #2018-16 AN 2018-0108 (ZCA 2018-00002)(Lewis) ORD #2018-17 AN 2018-0107 (ZCA 2018-00003)(Chase) For your records please verify the effective date through the applicable ORS. Our assigned file number(s) are included in the above information. Sincerely, "C�Y/ Dani Morley Official Public Documents Cc: Department of Revenue Population Research Center DOR 34-2361-2018 Notice to Taxing Districts ORS 308.225 O R E G O N DEPARTMENT O F R E V E N U E Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Description and Nlap Approved Tigard OR 97223 Septenibei- 11, 2018 "ks pei- ORS 308.225 Description SKMap -Received from: Lina Smith On: 8/21/2018, 9/10/2018 This is to notify you that your boundary change in Washington County for: ANNEX to CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS ORD. #2018-17 (ZCA 2018-00003)(Chase) (Delayed annexation) has been: SK Approved 9/11/2018 ❑ Disapproved Notes: DOR received a revised description and map on 9-10-2018. These should also be sent to the County Assessor, Metro and the Secretary of State. The Chase Annexation is a delayed annexation(effective on September 13, 2021). Department of Revenue File Number: 34-2361-2018 If you have not already done so,the approved Reviewed by: Elise Bruch, 503-302-8353 version of the map(s),legal descriptions(s)and signed ordinance must also be filed with the Boundary: S7 Change ❑Proposed Change County Assessor and Secretary of State The change is for: ❑Formation of a new district ❑Transfer Annexation of a territory to a district ❑Merge 5K7 Withdrawal of a territory from a district ❑Establishment of Tax Zone ❑Dissolution of a district CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- �1-7 _ AN ORDINANCE ANNFXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY 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 Planning Commission held a public hearing on July 16,2018, and Tigard City Council held a public hearing on August 14,2018,to consider the annexation of one (1)parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD,Tax Lot 9400,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 July 16,2018 and.August 14,2018;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 Sheriff s 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 accordancewith 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- 1-7 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTIO\' 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" (ZCA2018-00003) 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 prodding notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION, 5: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. PASSED: By WILI YLlMM-4- vote of all Council members present after being read by number and title only,this I day of�AV!�U 2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this ?K fy`day of4a4-� 2018. ��bl C/ Approved as to form: Jo . Cook,Mayor X-1-- City AtY6ney +y i Certified to be a True Copy of Date Original on File By: _. ..- Deputy Reco r-City Wf IIJW ORDNANCE N-o. 18-1-7 Date: ��1�,�ao I Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian; being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also,being portions of Lots 23 and 24, Handy Acres, in Washington County, Oregon; and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991, Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02°16'21"West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87°43'39"West a distance of 120.87 feet,more or less,to a point of non-tangent curvature,also being the east line of that property by Document No. 2018- 013522, Washington County Deed Records; thence,along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°57'56"(chord bears South 12°49'23" West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16'18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991, South 87°43'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line, also being the east line of said Lot 23, South 02'l 6'2 1"West a distance of 475.54 feet,more or less,to the southwest corner of said Lot 24,also being on the north line of Tract A, Hillshire Woods; thence along the south line of said property, South 88°43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24, also being the southwest corner of Tract E,Hillshire Woods; thence along the east line of Lot 24 also being the west line of Tracts E and F,Hillshire Woods, North 02'16'21"East a distance of 701.77 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. REGISTERED Area includes 2.408 acres,more or less. PROFESSIONAL "P,'SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: 1 Z (-S g I r7 co 0 50' 100' I I I TRACT F TRACT E SCALE:1"=100' HI LLSHIRE H I LLSHIRE WOODS WOODS N65'55'59"W 50.00' POINT OF BEGINNING NO2'16'21"E 701.77 ± 502'16'21"W 147.76' o 0 LOT 24 0 HANDY ACRES r- } BOOK 109987'43'39"W 120.87' DOCUMENT NO. w PAGE 991 2017-066363 Ln ?$ In TRACT A ?s :t HILLSHIRE co WOODS — — — — S02'16'21"W 475.54' cn 587'43'39"E 21.37' S16'18'21"W 87.70' w Lu ' LOT 23 (n — N 04 Ir = �6 57 56" HANDY ACRES o-v L=15.20 DOCUMENT NO. =v J= CH.=15.19' 2018-013522 uj Sl 2'49'23"W o La J_U 2 CHASE PROPERTY - EXHIBIT B BY 8 9 2018 WESTLAKE FECKNM LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 BYCnd / coNSULTANTsTOVNISHIP 2 S., RANGE 1 W.. W.M. GRA aNcnvsF;mc • surtnywo. • PLowmmc WASHINGTON COUNTY. OREGON omi PAcEnc coRPomm CENTER 15115 S.W. SEQUOIA PARKWAY, SUrM 150 509 554-0558 N40. 0330-02011 TIGARD, OREGON M24 FAE 50 ) 584-0157 EXHIBIT C Hearin Date:August 14 2018 Time:7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE " CITY COUNCIL = FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CHASE ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard,OR 97223 PROPOSAL: The City of Tigard proposes a delayed annexation for one(1) parcel of land,located at 13992 SW Fern Street.The 2.38-acre site is an"island"of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400 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. CHASE ANNEXATION PAGE 1 OF 12 ZCA2018-00003 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2018-00003)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, Planning Commission recommends APPROVAL of ZCA2018-00003 to City Council. SECTION III. BACKGROUND INFORMATION The 2.38-acre site (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 1351'Avenue. According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts, the subject property 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. The subject property and the adjacent property (13990 SW Fern Street; WCTM 2S104BD, Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners.The property is now being annexed to complete the Council policy. On July 16, 2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00003). 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 W 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 Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council (on August 14,2018). City staff followed public noticing requirements, in accordance with CDC 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 June 25, 2018 (Tigard City Hall,Tigard Perniit Center,Tigard Public Library,and at the subject site);city staff mailed public CHASE ANNEXATION PAGE 2 OF 12 ZCA2018-00003 hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 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 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 CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application, following 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 June 11, 2018. Public hearings for deliberations on this proposed boundary CHASE ANNEXATION PAGE 3 OF 12 ZCA2018-00003 change were scheduled before Planning Commission (on July 16,2018) and before City Council(on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 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 June 25,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions 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 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 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; CHASE ANNEXATION PAGE 4 OF 12 ZCA2018-00003 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; 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. E 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. 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 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 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 June 28, 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 CHASE ANNEXATION PAGE 5 OF 12 ZCA2018-00003 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 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 August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00003, the effective date of this annexation will be three years after the effective date of the approving ordinance,as outlined in ORS 222.750(5). 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. (CDC 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, 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 CHASE ANNEXATION PAGE 6 OF 12 ZCA2018-00003 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. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre CDC 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 June 25, 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 June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 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. Staff interprets the phrase "all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. CHASE ANNEXATION PAGE 7 OF 12 ZCA2018-00003 Stormwater—City of Tigard Public Works Department. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 water main along SW Fern Street. 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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 Sheriffs Office currently provides police services to the subject property. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, 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. This proposal is to annex a 2.38-acre "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. 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 connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area,or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and CHASE ANNEXATION PAGE 8 OF 12 ZCA2018-00003 determined there is adequate capacity to serve the existing property. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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 CDC 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. The subject property (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) and the adjacent property (13990 SW Fern Street;WCTM 2S10413D,Tax Lot 9300) make up an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300 have also submitted a request to annex in order to connect to city sewer.Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island,"which is consistent with the policy outlined above. CHASE ANNEXATION PAGE 9 OF 12 ZCA2018-00003 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 oven 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. The City of Tigard has initiated this application to annex the subject property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400).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 July 16, 2018) and before City Council (on August 14, 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 June 28 and July 5, 2018) prior to the July 16,2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on June 25,2018 (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 June 25,2018. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city,or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5,the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. CHASE ANNEXATION PAGE 10 OF 12 ZCA2018-00003 (4) Unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum,with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for,and in,residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The city recorder or other officer performing the duties of the city recorder shall: (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b)Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. The subject property is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one before City Council on August 14, 2018. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018- 00003, the effective date of this annexation will be three years after the effective date of the approving ordinance. Furthermore,city staff will record notice of the delayed annexation with the Washington County Assessment and Taxation Department,Recording Division within 60 days after City Council approves this application,and will notify the county between 120 days to 90 days before the annexation takes effect. 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 June 25,2018.As of July 30,2018,no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated July 16,2018 CHASE ANNEXATION PAGE 11 OF 12 ZCA2018-00003 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC 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. 1Wj 30,2018 PREPARED BY: Lina Smith Assistant Planner APPROVED BY: Tom McGuire 30, 2018 Assistant Community Development Director CHASE ANNEXATION PAGE 12 OF 12 ZCA201&00003 C-C R-4.5 Attachment 1: Zoning Map NORTHVIEW DR pR R-25 Generalized Zoning Categories ATM) ENISH ST -- W QZoningesc ' t1z ion W MARCIA DR Residential u �.M-t� Mixed Use Residential Z ���Commercial O p W LNUT LN WMixed Use _Z Rc7 R=7 WALNUT LN 3 i1/i1 "' UJITriangle Mixed Use M 1 "Mixed Use Employment R-2�5 Industrial 1, LU OSY CT Q Parks and Recreation i �I = WA-CNTY 00 W Overlay Zones QHistoric District Overlay L-- Planned Development Overlay Ln Q P R r _ Subject Site a D) K � R�4�.,5 IR-7- map pnnted at 04:51 PM on og-Jul-18 O LAUREN LN R4.5�--- — nfo mMion on ihK map ro lar general loca bn on y a tl aM M verMeA Mh the DevebpmaM Servkea DivNion. HI Ey DATA IS DERNR ED FROM MULTIPLE SOURCES.THE CITY OFTIGARD MAKES NO a7 WARRANTY REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN,THE CRY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR P — i INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. o _ 0 MICHELL CT GOMMUNIIY DEVELOPMENT DEPARTMENT ` h ary IW I ia gGI of Tigard i0.' vd TIGAR l,l'+�s 1T 5 36 9-0171B1OR 3 OF m I www.tigardor.gov Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes,July 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 Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin,Executive Assistant;Agnes Lindor,Associate Planner; Lina Smith,Assistant Planner, Schuyler Warren,Associate Planner, Susan Shanks, Senior Planner;Principal Engineer Khoi Le COMMUNICATIONS—President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21, 2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the May 21 minutes; there being none,President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16,2018 Page 1 of 9 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 or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. 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 bearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00002) 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 ZCA2018-00002 to City Council. APPLICANT PRESENTATION—Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed July 16,2018 Page 2 of 9 RESULT - Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION - ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street 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: Commissioner Feeney. 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 B). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) 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 ZCA2018-00003 to City Council. APPLICANT PRESENTATION—the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION July 16,2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed. RESULT - Motion for approval passes unanimously. (9—0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE ZON2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109t11 Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue 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 Lieuallen,Jackson, Fitzgerald, Feeney, Roberts, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each bearin,g)and a PowerPoint (Exhibit C) regarding the proposal below: ■ Rezone request ■ Change from R-3.5 to R-4.5 ■ Both in Low Density Residential Comprehensive Plan Designation ■ Subdivision ■ 14 lots ■ Extension of SW Lady Marion Drive west to SW 109t11 Avenue ■ Private street from SW Marion Drive July 16, 2018 Page 4 of 9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together - concurrently. So to be clear, I cannot turn down the subdivision and approve the zone change? Yes. APPLICANT'S PRESENTATION Wayne Hayson, Planning Manager with Pioneer Design Group,was there representing the applicant,Paceline Holdings,LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 &R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a 26'wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed. All required public utilities are available to the site. He addressed some of the neighborhood concerns— such as speeding, no parking areas,illegal passing, etc. Unfortunately, these concerns cannot be controlled by the review of this application;however, he said, "We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas—16463 SW 103 Ave.,Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind, and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16,2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard— said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street;he does not want Lady Marion extended, and believes this should simply be a 14 lot cul-de-sac. Lynn Walker, 14970 SW 109thTigard—doesn't want Lady Marion extended. She is concerned about signage, lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed—originally, this was going to be eight houses—and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth, 10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson,10499 SW Naeve Street,Tigard—agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons, he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25% in grade;however, a building permit through the building code requirements -if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees;however,it's not a requirement—it's an option that they can utilize. As for noticing requirements—the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area—said the state law's minimum noticing area is actually just 300', and Tigard's 500' noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16,2018 Page 6 of 9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development shall be extended unless any of the three exceptions are present, that is environmental or topographical constraints, existing development,patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue; there's nothing preventing a street going through. A cul-de-sac is not an option in this case—anything else would be changing the goal post in this application. We are required to put that street through. As for circulation, there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kable is that they will see a decrease in traffic. People who are cutting through Naeve down to Kahle will now likely take Lady Marion. People on that street will see more traffic, but other streets in the area will see a decrease in traffic. And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time. We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however, the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions—understanding that if the zoning change does not go through, the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable; he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109 connection is unsafe—he thinks the very top of that hill is high and there will likely be people speeding down that road—it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic, the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all,he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns,but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney—Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts—this is as good a plan as we'll likely get on this property. He understands the concern about traffic—enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight." The motion was seconded by Commissioner Feeney. July 16,2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT The motion to approve the application passed 8— 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT —Housing Policy & Omnibus Changes PHASE III CODE AMENDMENT PROJECT—Apartment and Commercial Standards Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E) which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint (Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald July 16,2018 Page 9 of 9 MEETING RECORDS Ci , of Tigard ■ Tigard City Council Meeting Minutes August 14, 2018 STUDY SESSION City Council Present: Mayor Cook,Councilor Woodard,Councilor Goodhouse and Councilor Anderson. Staff Present: City Manager Wine,Assistant City Manager Zimmerman,City Attorney Rihala,HR Director Bennett and City Recorder Krager A. DISCUSS FORMAT AND APPROACH FOR EVALUATING THE CITY ATTORNEY AND CITY MANAGER HR Director Bennett said Council is being asked to direct staff to change the evaluation process for the City Manager and new in-house City Attorney. HR Director Bennett said she has been evaluating what has worked and not worked in the past in order to streamline the process yet get the most value. She recommends using a consultant for the feedback portion with the city council,interviewing each councilor one on one and then facilitating the discussion. She wants to keep the 360°input. She would like to get both the City Manager and City Attorney evaluations completed by the end of the year. Councilor Goodhouse asked what the cost of a facilitator might be and Ms. Bennett responded that the going rate is$4,000-$5,000. He asked if the consultant would also work on the follow-up and she replied that they would help develop what feedback is needed,giving the City Manager and City Attorney the opportunity to ask questions,probe further on performance issues and create goals that are specific to them,beyond goals set for the City by Council. She said she needs to be in the role of"a pass through" and she wants no influence or conflict of interest because the City Manager is her supervisor. Councilor Goodhouse asked if other cities are using this process and she said Gresham has and she heard positive feedback. Councilor Woodard asked what specifically caused this recommendation for a change and Ms. Bennett said last year the council was supposed to work on developing goals for the City Manager but that did not happen. Mayor Cook asked her to go forward with the details and cost analysis and let council know what she finds. HR Director Bennett said a Survey Monkey will be sent to council. Criteria will be collected and they will meet individually with the facilitator and then participate in a discussion regarding the feedback. The facilitator will work with the council to reach consensus on top things being done well and what things need help,creating a cohesive report with clear themes for feedback to these Council employees. B. COUNCIL LIAISON REPORTS Councilors Anderson and Goodhouse went on a PRAB field trip to the Lasich property on Roy Rogers Road and Fields property behind the Library. TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 1 of 12 Councilor Woodard reported on the Intergovernmental Water Board meeting and noted that with 254 plus miles of water pipe,there are a thousand dead ends,which can affect water taste and odor. He noted they only receive 3-5 water complaints per month now. He said the Clackamas River is above curtailment level and Tigard could easily make up any required curtailment with ASR wells. Councilor Goodhouse attended the Willamette Intake Facility meeting where earthquake-related updates were discussed. Mavor Cook attended the final SW Corridor Steering Committee meeting. The locally-preferred route was approved unanimously. The seven-year old committee has officially disbanded. The next steps are working with Community Development Asher and City Attorney Rihala on development of a Memorandum of Understanding with TriMet to include what the City wants. It will come to council the same night that an alignment is approved (October 9). Another step is the Land Use Final Order (LUFO)which allows direct overrides of local land use laws but only where the project touches. Mayor Cook said tentative station locations,highway improvements or location for Park and Ride lots is not yet firm. He added that Tigard wants a station as close to Hall Boulevard as possible. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Tigard Chamber of Commerce—CEO Mollahan gave council an update on Chamber activities. They are producing a new video and a member was filming her presentation. The Chamber is tracking State Measure numbers 102-106 and how they may impact business and listed this information on their website. They will announce their City of Tigard mayor and council endorsements in the next few weeks.The Tigard Farm to Table Dinner Experience held on August 3 was great. She reminded council that the Downtown Tigard Street Fair will be on Saturday,September 8 and will include a Latino Fest from 11-8. TIGARD CITY COUNCIL MEETING MINUTES—August 14,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 12 C. Police Department Update—Chief McAlpine gave her monthly update to council. The update and PowerPoint slides have been added to the record for this meeting. Chief McAlpine said person crimes increased by 51 percent. Some are simple assaults but one-third to one-half are related to mental health issues and homeless people. She noted that the residential burglary rate has gone up. She encouraged citizens not to leave back doors and windows open and to lock their doors. She said 24 different residents signed up for National Night Out neighborhood events and at least one officer attended each. Two new neighborhoods hosting National Night Out events were River Terrace and Genesis Loop. D. Citizen Communication—Sign-up Sheet. Taylor Sarman,9407 SW Maplewood,Tigard, OR 97223,told council that young people are having trouble finding affordable housing in Tigard. Rents are increasing and they are having to move to other communities. He offered support of Measure 102 and encouraged council to do the same. He said he would be happy to go door to door and explain to people why this is important. Carine Arendes,9425 SW North Dakota Street,Tigard, OR 97223 spoke about Measure 102 on the November ballot. There is currently a prohibition against co-mingling public and private funds and many members of the public are not aware of how complicated this process is and how it makes it difficult to fund affordable housing. It will not control or direct Tigard's response to the housing crises. It would give more authority to match the reality of what is happening on the ground and removes a restriction from local bonds being used with local nonprofit agencies and developers. It is a win for local governments and a win for local control. She asked Council to do the right thing and endorse Measure 102. 3. CONSENT AGENDA: (Tigard City Council)— A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES • June 12,2018 • June 19,2018 • July 26,2018 A motion to approve the Consent Agenda with the June 12,2018 minutes removed for separate consideration was made by Councilor Goodhouse and seconded by Councilor Woodard. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 3 of 12 Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) Councilor Woodard noted for the record that an incorrect statement was made on June 12 and captured in the minutes on page 9. He said Council President Snider referred to a January meeting but the date on which he actually made a statement regarding performance audits was February 20, 2018. He wanted this accurately reflected for the record. Mayor Cook explained to the audience that what is stated at a meeting is what goes into the minutes. Tonight's minutes will reflect any changes discussed at this meeting. Councilor Woodard moved to approve the June 12,2018 minutes. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion was approved unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) 4. CONSIDER RESOLUTION TO APPOINT TOWN CENTER ADVISORY COMMISSION MEMBERS Redevelopment Project Manager Farrelly introduced this agenda item and said the Mayor's Appointment Advisory Committee recommends the appointment of Chris Haedinger and Lucas Brook as voting members and Gloria Pinzon-Marin as a non-voting Ex Officio member. City Recorder Krager read the number and title of the resolution. Councilor Woodard moved to approve Resolution No. 18-39 and Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously.TCAC Member Chris Haedinger was present and Mayor Cook gave him a City of Tigard pin. RESOLUTION NO. 18-39—A RESOLUTION APPOINTING LUCAS BROOK AND CHRIS HAEDINGER AS VOTING MEMBERS OF THE TOWN CENTER ADVISORY COMMISSION AND GLORIA PINZON-MARIN AS A NON-VOTING EX-OFFICIO MEMBER Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 12 5. LOCAL CONTRACT REVIEW BOARD—CONSIDER AWARD OF MOBILE DATA COMPUTERS CONTRACT Senior Management Analyst Barrett and Chief McAlpine presented this item.This purchase is for mobile data computers and the purchase is being made under a permissive cooperative agreement which the City is eligible for both under public contracting rules and Oregon Revised Statute 279.A. 215. The total purchase price is $258,580. Mayor Cook noted that the officers got four years use out of the old computers and he saw the use they get in the officer's cars and the weather they have to withstand. He asked why staff budgeted for only$100,000 if the current cost for replacement every four-five years is $250,000. He asked why the entire amount would not be budgeted. Chief McAlpine said the City leased previously but this year buying them outright with a five-year warranty,and saving$13,000-$15,000 in interest.seemed like the fiscally prudent thing to do. Councilor Woodard asked if she could separate the maintenance operating costs vs. service for the five years. Chief McAlpine said the cost for an extended warranty for two years is$28,000. Mayor Cook noted that the additional$158,000 is coming from savings due to recent staff resignations and retirements. Councilor Anderson moved to award the mobile data computers contract as presented and Councilor Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) 6. LOCAL CONTRACT REVIEW BOARD—CONSIDER PURCHASE OF POLICE VEHICLES Senior Management Analyst Barrett and Chief McAlpine presented this item. Mr.Barrett said the amount is $163,639 for the purchase of five new vehicles. Six are budgeted and this is for five of those (three 2019 Police Interceptors and two civilian-model Ford Explorer XLTs). This purchase was made through a permissive,cooperative State of Oregon contract. Councilor Goodhouse asked about vehicle warranties and whether police use voids a warranty. Chief McAlpine said warranties come with the vehicles and it was not her experience that police use would void a warranty.Mayor Cook said these vehicles are made for police use only. Councilor Goodhouse moved to approve the purchase of police vehicles as presented and Councilor Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 12 Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) 7. LOCAL CONTRACT REVIEW BOARD—CONSIDER PURCHASE OF HYDRO CLEANING VEHICLE Senior Management Analyst Barrett and Utility Manager Goodrich presented this item. Mr.Barrett said this purchase is for the"big boy" of the City's rolling stock, the hydro cleaning vehicle. This purchase was made through a permissive, cooperative membership in SourceWell. The total cost is $477,578 and is split between the City's Storm Water and Sewer Funds. Utility Manager Goodrich said this is a large purchase but it is a very important piece of equipment, replacing a hydro cleaning vehicle purchased in June of 2009,which provided almost ten years of service. Over the ten-year period,the city spent$105,000 for maintenance and repair to keep it serviceable. Older equipment with downtime due to increased maintenance reduces productivity and customer services.The City uses the hydro-cleaning vehicle to meet Clean Water Services and Oregon Department of Environmental Quality pipeline cleaning mandates. Councilor Woodard moved to approve the purchase of the hydro cleaning vehicle as presented and Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) 8. QUASI-JUDICIAL PUBLIC HEARING: LEWIS ANNEXATION (ZCA2018-00002) a. Mayor Cook opened the public hearing. b. City Attorney Rihala read the hearing procedures. C. Mayor Cook asked council if any member had a conflict of interest or ex parte contact. There was none. Mayor Cook said he has driven by the property in the past. d. Mayor Cook asked if anyone in the audience challenges the participation of a member of council in this hearing. No one in the audience responded. TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 12 e. Associate Planner Smith gave the staff report. She said the proposal is to annex a 0.47-acre property located at 13990 SW Fern Street into the City. The property owners requested to annex in order to connect to city sewer. This property and the adjacent property make up the last remaining island of unincorporated land not yet approved for annexation by City Council. The adjacent property will be discussed in the next agenda item for the Chase annexation. The Public Works Department determined the city has adequate capacity to serve this property. She said as outlined in the staff report the proposed annexation meets the requirements of the Tigard Community Development Code,Tigard Comprehensive Plan,Metro Code and State Statutes. On July 16,2018, the Planning Commission unanimously recommended approval of the proposed Lewis annexation. g. Public Testimony: John Lewis, 13990 SW Fern,Tigard, OR 97223 said he was the applicant for this annexation. He said there is an interesting issue.The sewer line does not run directly outside his property, ending on 138`'and Fern and he intends to connect to the sewer connection to his property. He said city planners told him he is not allowed to put in the sewer section prior to annexation. He submitted some plans on April 23 to the city to verify that his plans were all right because he hoped to put in the sewer line in the street during the summer before the school busses are running on Fern Street. He found he could not do that until the voluntary annexation was approved. It is a chicken and egg situation and the problem for him is that there is an even further delay and he cannot put this sewer connection in until September 14,which is getting late in the year.This has nothing to do with connecting to the sewer;it is just putting the line in the street to the correct manhole. What he intends to do is put it off until next June. He will be paying for his voluntary annexation but will not have a sewer to connect to until then. He added that this is not logical. h. Response to Testimony by Staff: Associate Planner Smith said Mr. Lewis submitted a public facility improvement permit with plans for a sewer extension. However,the annexation is effective after the ordinance effective date and when it is filed with the Secretary of State to be officially in the City of Tigard. The City typically waits until the annexation is effective to issue the permit. Mr. Lewis asked why a voluntary annexation was tied to this. Mayor Cook said he could understand why the annexation would need to be complete before connecting to City sewer. Mr. Lewis responded that he did not intend to cheat the system. Mayor Cook asked Assistant Community Development Director McGuire for an explanation. Mr. McGuire said it is the policy of the Engineering Division to deny permits in an annexation situation until such annexation is approved. He said he was unaware of the details behind the policy but the Engineering Division was following City policy in this situation. Councilor Goodhouse said they seem like two separate actions and the pipe would be a separate project whether or not it ties into the sewer. He said years ago sewer was put down his street but it he was still on septic and could connect at any time so that situation already exists in Tigard. Mr. McGuire said citizens would not voluntarily pay for pipes in the public right of way and extensions of public facilities without some expectation of connecting to a sewer or using that for development purposes. He added that there is some risk if the pipe is put into the street, of someone hooking up without paying for it.Mayor Cook asked staff to look at this in the future and see if there is a reason to do it this way. City Attorney Rihala said she will follow up on this with Engineering. TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2418 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 12 Mr. Lewis said he did not want to have to come back before council. He noted that he would be paying taxes now prior to being hooked up and it did seem odd because the original plan (when Liz Newton was Assistant City Manager) to put the sewer in first and then annex later. His septic system is still working but at least if it fails, he can do something. He thanked council for their consideration. i. Mayor Cook closed the public hearing. Councilor Goodhouse moved to approve Ordinance No. 18-16. Councilor Anderson seconded the motion. City Recorder Drager read the number and title of the ordinance. AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 0.47 ACRES,APPROVING THE LEWIS ANNEXATION (ZCA2018-00002),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT City Recorder Krager conducted a roll call vote. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) Mayor Cook announced that Ordinance No. 18-16 was adopted unanimously. 9. QUASI-JUDICIAL PUBLIC HEARING: CHASE ANNEXATION (ZCA2018-00003) a. Mayor Cook opened the public hearing. b. Mayor Cook announced that the hearing procedures were the same as the City Attorney read for the previous annexation. C. Mayor Cook asked council if any member had a conflict of interest or ex parte contact. There was none. d. Mayor Cook asked if anyone in the audience challenged the participation of a council member. No one responded. e. Associate Planner Smith gave the staff report and said this proposal is to annex a 2.38-acre property located at 13992 SW Fern Street into the City of Tigard. This is an involuntary annexation initiated by the City and not by the property owners. In 2017 City Council implemented a policy to annex all of the unincorporated islands into the City and last summer Council approved annexations for ten islands of unincorporated land. This TIGARD CITY COUNCIL MEETING MINUTES —August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 8 of 12 property was left out and is now proposed for annexation to complete the Council policy. Because this is an involuntary annexation,it will be delayed. The effective date will be September 13,2021,or three years after the effective date of CounciPs approving ordinance. This is consistent with State of Oregon requirements. f. Public testimony—None. g. Response to testimony by staff. There was no testimony so no response was necessary. h. Mayor Cook closed the public hearing. Councilor Goodhouse moved for adoption of Ordinance No. 18-17 and the motion was seconded by Councilor Woodard. City Recorder Krager read the number and title of the ordinance. AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES,APPROVING THE CHASE .ANNEXATION (ZCA2018-00003),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. City Recorder Krager conducted a roll call vote. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) Mayor Cook announced that Ordinance No. 18-17 was adopted unanimously. 10. CONSIDER CITY COUNCIL VACANCY City Manager Wine said the issue before council is how they wish to fill the vacancy created due to the resignation of Council President Snider effective at the end of the year. This resignation leaves two years remaining on his term.The City Attorney has previously advised that the options are electing or appointing someone to fill the remaining two years. Council action needs to be taken in a public meeting. Staff needs guidance from council on how they prefer to have the vacancy filled and when that action would occur. Councilor Woodard stated that after Council President Snider submitted his resignation on June 4, he was adamant about putting this to a vote of the people. He reflected back to when Mayor Dirksen chose to run for Metro office,vacating his term with two years remaining. The discussion on the council at that time was that with two years remaining in the term it should be put to a public vote. TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 12 Councilor Woodard said on two separate occasions he stated that council was running out of time and needed to make a decision. All the council knew the deadlines and options. He said he was disappointed but he is just one person,one vote and the majority wins. Although he tried his hardest to make it happen,he now did not think there was enough time to get this on the November ballot. Councilor Anderson said he preferred an election as well,but time is running out. He clarified that this is for a two-year,not four-year term. He said the appointment and timing should be up to the new council to decide. Councilor Goodhouse asked when the new council would decide. City Manager Wine said the current council could decide when the new council would vote or it could be left to them to decide. Mayor Cook suggested a third alternative of taking applications prior to the end of the year so that part would be done and the new council could schedule the interviews and then decide. Councilor Goodhouse asked if the 2019 council could conduct the interviews prior to the end of the year and the answer was they can not. Councilor Goodhouse moved to go through the public appointment process,accept applications through 2018 and then have the new council make the decision. Councilor Anderson seconded the motion. Councilor Woodard said he thought the new council should make the appointment based on applicants. He apologized to the public that this did not go to a vote. Mayor Cook stated that the 2019 council should be the ones appointing and he felt that an appointment was a good way to do this. He noted that a few letters were received, one stating that an appointment halts inclusiveness and diversity but he disagreed and felt that an appointment could actually be a way to increase inclusiveness and diversity. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) Mayor Cook conducted a vote and the motion passed unanimously. 11. CONSIDER POSITION ON MEASURE 102, STATE CONSTITUTIONAL AMENDMENT REGARDING LOCAL BONDS FOR AFFORDABLE HOUSING City Manager Wine said the issue is whether council wants to encourage or oppose voter approval of Measure 102. A draft resolution of support was prepared and council may wish to change the wording. Council heard and received testimony on this tonight.Written testimony in support was received from State Representative Doherty and Sheila Greenlaw-Fink from Community Housing Fund and entered into the record. Two people spoke in support during Citizen Communication tonight.Written testimony opposing council support of Measure 102 was submitted into the record from Linda Monahan, TIGARD CITY COUNCIL MEETING MINUTES —August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 12 Mayor Cook said he is not generally in favor of constitutional amendments because they clog up the constitution. But this actually does the opposite,removing language and improving local control. Cities are not required to do something,but they are allowed to do it,if this passes. The purpose of Measure 102 is to allow government bonds to be used to finance affordable housing. In Tigard Community Partners for Affordable Housing has six different projects and a seventh one that the City agreed to partially fund. The League of Oregon Cities Board of Directors voted to endorse this,an unusual move for them,but because it has to do with local control they are supportive. Councilor Goodhouse said it give cities more control. Councilor Anderson said it is a financial"no- brainer,"leveraging a city's credit-worthiness with non-profits and not being stopped by a state statute. Councilor Anderson asked if the support of this resolution will be mentioned in the voter's pamphlet. Mayor Cook said the City of Tigard will not pay for it but the PAC could use any part of the resolution,if passed tonight. Councilor Woodard commented that he never understood why the private sector could not work with a pro forma and make this work. Mayor Cook asked the council if anyone wanted changes to the resolution wording and there were no suggestions. Councilor Goodhouse motioned for approval of Resolution No. 18-40 and Councilor Woodard seconded his motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) 12. NON-AGENDA ITEMS None. 13. EXECUTIVE SESSION None Scheduled. 14. ADJOURNMENT At 8:47 p.m. Councilor Goodhouse motioned for adjournment. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (Absent) TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 11 of 12 ��--.- Carol A. Krager,City R c�'order Attest: 0- John L. Ctook,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES—August 14, 2018 r7ity of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 12 Printed Agenda http://agendas.tigard-or.gov/print_agenda.cfin?seq=1430&reloaded=t... City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: August 14,2018-6:30 p.m.Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall-13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item.Citizen Communication items are asked to be two minutes or less.Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated-it is recommended that persons interested in testifying be present by 7:15 p.m.to sign in on the testimony sign-in sheet.Business agenda items can be beard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting.Please call 503-718-2419,(voice)or 503-684-2772(TDD-Telecommunications Devices for the Dea�. Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible.Please notify the City of your need by 5:00 p.m.on the Thursday preceding the meeting by calling.503-718-2410(voice)or 503-684-2772(TDD-Telecommunications Devices for the Deaf]. SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http_//www.tigard-or.gov/city hall/council meetingphr) CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 P.M. Monday 6:00 a.m. ..r 1 of 3 9/30/2018,2:59 PM Printed Agenda http://agendas.tigard-or.gov/print_agenda.cfin?seq=1430&reloaded=t... MI City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: August 14,2018-6:30 p.m.Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall-13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM • STUDY SESSION A. DISCUSS FORMAT AND APPROACH FOR EVALUATING THE CITY ATTORNEY AND CITY MANAGER 6:30 p.m.estimated time B. COUNCIL LIAISON REPORTS 7:00 p.m.estimated time • EXECUTIVE SESSION:The Tigard City Council may go into Executive Session.If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION(Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Update from Police Chief McAlpine C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA:(Tigard City Council and City Center Development Agency)These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action.Motion to: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •June 12,2018 2 of 3 9/30/2018,2:59 PM Printed Agenda http://agendas.tigard-or.gov/print_agenda.cfin?seq=1430&reloaded=t.. •June 19,2018 •June 26,2018 • Consent Agenda-Items Removed-for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Coundl/City Center DevelopmentAgency has voted on those items which do not need discussion. 4. CONSIDER RESOLUTION TO APPOINT TOWN CENTER ADVISORY COMMISSION MEMBERS 7:35 p.m.estimated time 5. LOCAL CONTRACT REVIEW BOARD-CONSIDER AWARD OF MOBILE DATA COMPUTERS CONTRACT 7:40 p.m.estimated time 6. LOCAL CONTRACT REVIEW BOARD-CONSIDER PURCHASE OF POLICE VEHICLES 7:45 p.m.estimated time 7. LOCAL CONTRACT REVIEW BOARD-CONSIDER PURCHASE OF HYDRO-CLEANING VEHICLE 7:50 p.m.estimated time 8. QUASI-JUDICIAL PUBLIC HEARING-LEWIS ANNEXATION (ZCA2018-00002) 7:55 p.m.estimated time 9. QUASI-JUDICIAL PUBLIC HEARING-CHASE ANNEXATION((ZCA2018-00003) 8:05 p.m estimated time 10. CONSIDER CITY COUNCIL VACANCY 8:15 p.m.estimated time 11. CONSIDER POSITION ON MEASURE 102,STATE CONSTITUTIONAL AMENDMENT REGARDING LOCAL BONDS FOR AFFORDABLE HOUSING 9:00 p.m.estimated time 12. NON AGENDA ITEMS 13. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session.If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session.Representativ&of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 14. ADJOURNMENT 9:10 p.m.estimated time 3 of 3 9/30/2018,2:59 PM Agenda http://agendas.tigard-or.gov/agenda_publish.efin?id=0&mt=ALL&ge.. Print Back to Calendar Return Previous Next 9. Business Meeting Meeting Date: 08/14/2018 Length(in minutes):10 Minutes Agenda Title: Quasi-judicial Public Hearing-Chase Annexation(ZCA2018-00003) Prepared For: Lina Smith,Community Development Submitted By: Lina Smith,Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting-Main Ordinance Public Hearing-Quasi-judicial Public Hearing: Yes Publication Date: Information ISSUE Consider adoption of an ordinance to annex a 2.38-acre property,located at 13992 SW Fern Street(WCTM 2S10413D,Tax Lot 9400),into the City of Tigard.This property is an"island"of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. STAFF RECOMMENDATION/ACTION REQUEST Planning Commission recommends City Council approve the proposed Chase Annexation(ZCA2018-00003)by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY The 2.38-acre site(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400)is located on the south side of SW Fern Street;east of SW Ascension Drive, and west of SW 135th Avenue.According to the Washington County Assessment and Taxation report,the property was developed with a detached,single- family dwelling in 1974.As defined by Washington County Land Use Districts,the subject property 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. The subject property and the adjacent property(13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300)make up an"island"of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction.City Council initiated a policy to annex all of the remaining island properties in 2017.In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land(Ordinance Nos.2017-07 to 2017-15,and 2017-17).This property was left out in 2017 due to ongoing negotiations with the property owners.The property is now being annexed to complete the Council policy. On July 16,2018,the Planning Commission held a public hearing to consider this application for annexation(Case No.ZCA2018-00003).No public testimony was received.After a brief deliberation the Planning Commission unanimously recommended approval of this annexation to City Council. OTHER ALTERNATIVES Adopt findings to deny the application. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Council Goal 6:Annex territory into the City of Tigard,and prioritize annexation of islands. DATES OF PREVIOUS COUNCIL CONSIDERATION April 25,2017 Attachments PowerPoint Ordinance No.2018-17 Revised Exhibit A Revised Exhibit B I:xhibit C AgendaQukk@2005-2018 Destiny Software Inc.,All Rights Reserved 1 of 1 9/30/2018,3:00 PM CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018-1- AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY 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 Sheriff s 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 July 16, 2018, and Tigard City Council held a public hearing on August 14, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD, Tax Lot 9400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2) public hearings on the issue of annexation into the City on July 16,2018 and August 14,2018;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 Sheriff s 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- 17 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' (ZCA2018-00003) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit 1101, 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 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 September 13, 2021. PASSED: By U41a Umew- vote of all Council members present after being read by number and title only, this /y day of 440i G .32018. Carol A. Krageer,,"City Recorder APPROVED: By Tigard City Council this 9 q day of_�( u� 2018. doe Approved as to form: Jo L. Cook,Mayor City Attorney ( t Certified to be a True Copy of Date Original on Fite By: Deputy Recorder-City f TI td ORDINANCE No. 18- 1-7 Date: Oak Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4, Township 2 South,Range 1 West of the Willamette Meridian;being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also, being portions of Lots 23 and 24, Handy Acres, in Washington County,Oregon; and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991,Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02'l 6'21"West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87°43'39"West a distance of 120.87 feet,more or less,to a point of non-tangent curvature,also being the east line of that property by Document No. 2018- 013522,Washington County Deed Records; thence,along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°57'56"(chord bears South 12°49'23"West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16°18'21"West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991,South 87°43'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line,also being the east line of said Lot 23, South 02°16'21"West a distance of 475.54 feet,more or less,to the southwest corner of said Lot 24, also being on the north line of Tract A,Hillshire Woods; thence along the south line of said property, South 88'43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24,also being the southwest corner of Tract E,Hillshire Woods; thence along the west line of Lot 24 and the east line said Tracts E and F,Hillshire Woods,North 02°16'21"East a distance of 701.77 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. REGISTERED Area includes 2.408 acres,more or less. PROFESSIONAL SURVEYOR OR25•1 JULY990 GARY R. ANDERSON 2434 RENEWS: 12A d (_. I ! TRACT F TRACT E SCALE:1"=100' HILLSHIRE HILLSHIRE WOODS WOODS N65'55'59"W 50.00' POINT OF BEGINNING N 02'16'21"E 701.77't IL 02'16'21"W 147.76' o LOT 24 0 HANDY ACRES 3 BOOK 1099 87'43'39"W 120.87' DOCUMENT NO. !Ai PAGE 991 2017-066363 n TRACT A HILLSHIRE 000 0 WOODS — — — — — S02'16'21"W 475.54' (n S87'43390E 21.37' 16'18'21"W 87.70' w M owc LOT 23 N=(~n =N A=6'57'56" HANDY ACRES o J� o v _ DOCUMENT NO. -i- _ CH 15150' 2018-013522 w Sl 24923"W w OJ J U S CHASE PROPERTY - EXHIBIT B 8 9 2018 RAW BY WESTLAKE CAJ II CONSULTANTS ae LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 EMED BY TONNSHIP 2 S., RANGE 1 W., W.M. GRARA ENGIIVEERrNG . SURVEYING . PLAxMNG WASHINGTON COUNTY, OREGON NEON 0 PACIFIC CORPORATE CENTER B15115 S.W. SEQUOIA PARKWAY, SU1TE 150 (508 584-0858 0330-02011 TIGARD. OREGON 07224 FA% (50 ) 824-0157 EXHIBIT C Hearin Date:August 14 2018 Time: 7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE • CITY COUNCIL ° FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CHASE ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2018-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard, OR 97223 PROPOSAL: The City of Tigard proposes a delayed annexation for one(1)parcel of land,located at 13992 SW Fern Street.The 2.38-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017.In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400 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. CHASE ANNEXATION PAGE 1 OF 12 ZCA2018-00003 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2018-00003)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, Planning Commission recommends APPROVAL of ZCA2018-00003 to City Council. SECTION III. BACKGROUND INFORMATION The 2.38-acre site (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) is located on the south side of S`Y1 Fern Street;east of SW Ascension Drive,and west of SW 135`'Avenue.According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts, the subject property 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. The subject property and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. On July 16, 2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00003). 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 Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council(on August 14,2018). City staff followed public noticing requirements, in accordance with CDC 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 June 25, 2018 ('Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public CHASE ANNEXATION PAGE 2 OF 12 ZCA2018-00003 hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 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 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 CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application, following 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 June 11, 2018. Public hearings for deliberations on this proposed boundary CHASE ANNEXATION PAGE 3 OF 12 ZCA2018-00003 change were scheduled before Planning Commission(on July 16,2018) and before City Council(on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 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 June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018)prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions 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 parry; 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 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 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; CHASE ANNEXATION PAGE 4 OF 12 ZCA2018-00003 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; 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. 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 June 28, 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 CHASE ANNEXATION PAGE 5 OF 12 ZCA2018-00003 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 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 August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00003, the effective date of this annexation will be three years after the effective date of the approving ordinance,as outlined in ORS 222.750(5). 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. (CDC 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,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 CHASEANNEXATION PAGE 6 OF 12 ZCA2018-00003 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. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard [R-6 istricts/Plan Designation City of Tigard Zoning Plan Designation Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre CDC 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 June 25, 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 June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 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. Staff interprets the phrase "all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. CHASE ANNEXr MN ZCA2018-00003 PAGE 7 OF 12 Stormwater—City of Tigard Public Works Department. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 water main along SW Fern Street. 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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 Sheriff's 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. This proposal is to annex a 2.38-acre "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. 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 connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area,or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and CHASE ANNEXATION PAGE 8 OF 12 ZCA2018-00003 determined there is adequate capacity to serve the existing property. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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 CDC Sections 18.720.030.13 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. The subject property (13992 SW Fern Street;WCTM 2S10413D, Tax Lot 9400) and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300 have also submitted a request to annex in order to connect to city sewer:Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island,"which is consistent with the policy outlined above. CHASE ANNEXATION PAGE 9 OF 12 ZCA2018-00003 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. The City of Tigard has initiated this application to annex the subject property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400).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 July 16, 2018) and before City Council (on August 14, 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 June 28 and July 5, 2018) prior to the July 16,2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on June 25,2018 (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 June 25,2018. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city,or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5,the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. CHASE ANNEXATION PAGE 10 OF 12 ZCA2018-00003 (4) Unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for,and in,residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved.The city recorder or other officer performing the duties of the city recorder shall: (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b)Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. The subject property is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one before City Council on August 14, 2018. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018- 00003, the effective date of this annexation will be three years after the effective date of the approving ordinance.Furthermore,city staff willrecord notice of the delayed annexation with the Washington County Assessment and Taxation Department,Recording Division within 60 days after City Council approves this application,and will notify the county between 120 days to 90 days before the annexation takes effect. 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 June 25,2018.As of July 30,2018,no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated July 16,2018 CHASE ANNEXATION PAGE 11 OF 12 ZCA2018-00003 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval arteria, outlined in CDC 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. Tull 30,2018 PREPARED BY: Lina Smith Assistant Planner —M Tiny 30,2018 APPROVED BY: Tom Acbtle Assistant Community Development Director CHASEANNEXATION PAGE 12 OF 12 ZCA2018-00003 R'25 (PD) R-4.5 Attachment 1: Zoning map V OR / . ( )' /. ;�� i R-25 Generalized Zoning Categories ' R12/ PD" / / ENISH 5T F�: i\ //1a�' / �G�. f� —{<� Zonine�crilltion MARCIA DR x Residential — ' �� ZO- I _ / L Mixed Use Residential \ I p, W LN LTU N _ —I 1�,iti \\ ■Commercial a R-7/ — 3. �,:=^/ I LU I I — •F�--,R-J7 x WALNUT LN ■Mixed Use �'.P > I-1� r� --, ■ThangleMixedUse I '" �— �f Mixed Use Employment t - �_ 5 r JOSY! y/.. ! I Industrial y` Parks and Recreation EWA-CNTY / f �_,�� �----jW U.I. Overlay Zones Iy �j I JI `Historic District Overlay { J Planned Development Overlay — R subiect site �--- If. 1 IR-7 I � LAUREN LN / R-451-- " .0 __ MaDPnRetle 04:57 PM onOBJUF B ,�/'�% J� mron�....n...o��$��»�a°�.w,•yo�:aw..,m«..nm. F truer -/ "'til / r , HI wwR"wN'n°e""EvnE`sEm"°"no"°°Fcuas.o.xEc«eH c w�c. --y aro,;°o�°F° �� / W-4PD / �' F°. E-° �.=doN,� f�zfj\ Y) waunncislN. `w°nw o oaowom xE°wo Esso awc s® JJ?fmot .7T MICHEL /{� i 4;,T;?'?� COMMUNITY DEVELOPMENT DEPARTMENT .:-.,t ili,XXx Cof Ti are F*wi / j �/ 0. i ^p 5 eli awa Tig rq OR 87223 1312ey11 503638-0171 ■' www.tigerd-or.gov Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes,July 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 Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Agnes Lindor,Associate Planner; Lina Smith, Assistant Planner, Schuyler Warren,Associate Planner, Susan Shanks, Senior Planner;Principal Engineer Khoi Le COMMUNICATIONS—President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21, 2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the May 21 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16, 2018 Page 1 of 9 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 or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. 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- 00002) 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 ZCA2018-00002 to City Council. APPLICANT PRESENTATION—Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed July 16, 2018 Page 2 of 9 RESULT - Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION -ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street 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: Commissioner Feeney. 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 B). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) 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 ZCA2018-00003 to City Council. APPLICANT PRESENTATION—the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION July 16,2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed. RESULT -Motion for approval passes unanimously. (9—0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE ZON2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 1091h Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 10911,Avenue 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 Lieuallen,Jackson,Fitzgerald, Feeney,Roberts, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each hearing)and a PowerPoint (Exhibit C) regarding the proposal below: ■ Rezone request ■ Change from R-3.5 to R-4.5 ■ Both in Low Density Residential Comprehensive Plan Designation ■ Subdivision ■ 14 lots ■ Extension of SW Lady Marion Drive west to SW 109th Avenue ■ Private street from SW Marion Drive July 16,2018 Page 4of9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together - concurrently. So to be clear, I cannot turn down the subdivision and approve the zone change?Yes. APPLICANT'S PRESENTATION Wayne Hayson, Planning Manager with Pioneer Design Group,was there representing the applicant, Paceline Holdings,LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 &R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a 26'wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed.All required public utilities are available to the site. He addressed some of the neighborhood concerns—such as speeding, no parking areas, illegal passing, etc. Unfortunately, these concerns cannot be controlled by the review of this application;however, he said, "We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas—16463 SW 103 Ave., Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind, and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16,2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard—said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street;he does not want Lady Marion extended, and believes this should simply be a 14 lot cul-de-sac. Lynn Walker, 14970 SW 1096,Tigard—doesn't want Lady Marion extended. She is concerned about signage, lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed—originally, this was going to be eight houses—and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth, 10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson, 10499 SW Naeve Street,Tigard—agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons,he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25%in grade;however, a building permit through the building code requirements -if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees;however,it's not a requirement—it's an option that they can utilize. As for noticing requirements—the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area—said the state law's minimum noticing area is actually just 300', and Tigard's 500' noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16,2018 Page 6 of 9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development shall be extended unless any of the three exceptions are present, that is environmental or topographical constraints, existing development,patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue; there's nothing preventing a street going through. A cul-de-sac is not an option in this case— anything else would be changing the goal post in this application. We are required to put that street through. As for circulation, there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kable is that they will see a decrease in traffic. People who are cutting through Naeve down to Kable will now likely take Lady Marion. People on that street will see more traffic,but other streets in the area will see a decrease in traffic.And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time. We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however, the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions—understanding that if the zoning change does not go through, the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable;he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109th connection is unsafe—he thinks the very top of that hill is.high and there will likely be people speeding down that road—it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic, the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all, he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns, but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney—Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts—this is as good a plan as we'll likely get on this property. He understands the concern about traffic—enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight." The motion was seconded by Commissioner Feeney. July 16,2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT The motion to approve the application passed 8— 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT—Housing Policy & Omnibus Changes PHASE III CODE AMENDMENT PROJECT —Apartment and Commercial Standards Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E) which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint (Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald July 16,2018 Page 9 of 9 CITY OF TIGARD Respect and Care Do the Right Thing G e t i t D • ■ Chase Annexation ZCA2018-00003 Presented to Tigard City Council I August 14, 2018 C—C — R-25 R-12 (Ply) M R-7 Dauor'c"t,, Chase Property e.. Hatched properties are islands + ° already approved for annexation by City Council ooigdw PR � R-4.5 , ° R-4.5 (PID)-- CITY OF TIGARD PLANNING COMMISSION Minutes,July 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 Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Agnes Lindor,Associate Planner; Lina Smith,Assistant Planner, Schuyler Warren,Associate Planner,Susan Shanks, Senior Planner; Principal Engineer Khoi Le COMMUNICATIONS—President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21,2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the May 21 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land, located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16,2018 Page 1 of 9 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 or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. 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- 00002) 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 ZCA2018-00002 to City Council. APPLICANT PRESENTATION—Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE - All in favor—none opposed July 16,2018 Page 2 of 9 RESULT - Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION - ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land, located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street 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: Commissioner Feeney. 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 B). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) 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 ZCA2018-00003 to City Council. APPLICANT PRESENTATION—the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION July 16,2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed. RESULT - Motion for approval passes unanimously. (9—0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE ZON2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue 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 Lieuallen,Jackson, Fitzgerald,Feeney, Roberts, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each bearing)and a PowerPoint (Exhibit C) regarding the proposal below: ■ Rezone request ■ Change from R-3.5 to R-4.5 ■ Both in Low Density Residential Comprehensive Plan Designation ■ Subdivision ■ 14 lots ■ Extension of SW Lady Marion Drive west to SW 109th Avenue ■ Private street from SW Marion Drive July 16,2018 Page 4 of 9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together- concurrently. So to be clear, I cannot turn down the subdivision and approve the zone change?Yes. APPLICANT'S PRESENTATION Wayne Hayson, Planning Manager with Pioneer Design Group,was there representing the applicant,Paceline Holdings, LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 & R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 1091h Ave. frontage. The private street located in Tract A will have a 26'wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed. All required public utilities are available to the site. He addressed some of the neighborhood concerns—such as speeding, no parking areas,illegal passing,etc. Unfortunately, these concerns cannot be controlled by the review of this application;however, he said, "We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas—16463 SW 103 Ave.,Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind, and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16,2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard—said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street;he does not want Lady Marion extended, and believes this should simply be a 14 lot cul-de-sac. Lynn Walker, 14970 SW 1091h Tigard—doesn't want Lady Marion extended. She is concerned about signage,lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed—originally, this was going to be eight houses—and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth,10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson,10499 SW Naeve Street,Tigard—agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons,he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25%in grade;however, a building permit through the building code requirements -if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees;however,it's not a requirement—it's an option that they can utilize. As for noticing requirements—the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area—said the state law's minimum noticing area is actually just 300', and Tigard's 500' noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16,2018 Page 6 of 9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development sball be extended unless any of the three exceptions are present, that is environmental or topographical constraints,existing development,patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue;there's nothing preventing a street going through. A cul-de-sac is not an option in this case—anything else would be changing the goal post in this application. We are required to put that street through. As for circulation, there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kahle is that they will see a decrease in traffic. People who are cutting through Naeve down to Kable will now likely take Lady Marion. People on that street will see more traffic, but other streets in the area will see a decrease in traffic. And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time. We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however, the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions—understanding that if the zoning change does not go through, the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable;he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109th connection is unsafe—he thinks the very top of that hill is high and there will likely be people speeding down that road—it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic, the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all,he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns, but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney—Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts—this is as good a plan as we'll likely get on this property. He understands the concern about traffic—enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight." The motion was seconded by Commissioner Feeney. July 16,2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT The motion to approve the application passed 8 — 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT—Housing Policy& Omnibus Changes PHASE III CODE AMENDMENT PROJECT—Apartment and Commercial Standards I Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E) which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint(Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning" mmission Secretary A ST: President to i erald July 16,2018 Page 9 of 9 EXHIBIT B CITY OF 1 Respect • Care Do the Right Thing G e t i t D • s Chase Annexation ZCA2018-00003 Presented to Tigard Planning Commission I July 16, 2018 po R 25,.(PD,) R-4.5 zoning Map /:�'// / � t,,v X, NOR-rHVIEW DR — 144 R-25 Generalized Zoning Categories R-12 (PD) f ENISH ST _ �> Zoning Dcscriotiun rr _ MAR{IA Residential Mixed T-w Residential .O _ I I I -- `.Commercial m -: t ._..1_. W LNI T LN - _L i. l ,I : ? R-7w,ALNUTLN \�' MMixedCsc 3I Iro > t It- INlriangleMixed L'se (PD) Mixed 11.w Employment VULI�� IROSY�T R 25 �Lud"trial > Parks and Recreation �l I WA-CNCY j� W = Overlay Zones t- // ¢ m- - Ilinoric District OverlaN -j I f�. —� i Z ..�_ - Development t- ., Planned L>evelo v Overlay 7- Subject Site Vi / i f I i .. R-7 f�/�. Jd.1z,,:1,y�_ Q IMa P"m at W:e/'TA w Uv,luFib REN LN -4 i R .5 ,y aaw r � I CUMG \-MI. Y / P RaR-,7(PD m N u - r ., MI .,. / CHEZ -�.T ��J} �c ay COMMUNITY fx:VROPMFNT fN'PARTAIENT 73125 SN Hal BW�iri•r-'MI Tge3rd,OR 97223 639-4171 '.} �y"l j Q , CO www.ag,ro-W.gov City of Tigard Planning Commission Agenda (Rev. 1) MEETING DATE: July 16,2018 - 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd.,Tigard, OR 97223 1. CALL TO ORDER 7:00 p m 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:04 p•m- 5. PUBLIC HEARING 7:05 p.m. LEWIS ANNEXATION -ZCA2018-00002 DESCRIPTION OF PROPOSAL:This proposal is to annex one(1) parcel of land,located at 13990 SW Fern Street,into the City of Tigard.The property owners request to annex in order to connect to city sewer.The 0.47-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street 6. PUBLIC HEARING 7:15 p.m. CHASE ANNEXATION -ZCA2018-00003 DESCRIPTION OF PROPOSAL:The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street.The 2.38-acre site is an"island"of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land(Ordinance Nos. 2017-07 to 2017-15,and 2017-17).This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street 7. PUBLIC HEARING 7:25 p.m. TRILLIUM HILL SUBDIVISION ZONE CHANGE ZON2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109'''Avenue.Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109' Avenue and create a new private street (Tierra Terrace), which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109`h Avenue PLANNING COMMISSION AGENDA—July 16, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page11 of�2 8. BRIEFING 8:25 p.m. PHASE II CODE AMENDMENT PROJECT—Housing Policy& Omnibus Changes 9. BRIEFING 8:50 p.m. PHASE III CODE AMENDMENT PROJECT—Apartment and Commercial Standards I Land Use Updates 10. OTHER BUSINESS 9.15 p.m. 11. ADJOURNMENT 9.20 p.m. PLANNING COMMISSION AGENDA-July 16, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 2 PLEASE SIGN IN HERE TO SPEAK Tigard Planning Commission Agenda Item # Page --L of�A— Date of Hearing Case Numbers) ZC A'2-C) t J - O no o-� Case Name CA\0-s-e. Location If you would like to speak on this item, please CLEARLY PRINT your name and address below: Proponent O§the Proposal: Opponent GAINS the Proposal: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Hearin Date:July 16 2018 Time:7:00 P.M. STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON - 91 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CHASE ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard,OR 97223 PROPOSAL: The City of Tigard proposes a delayed annexation for one(1)parcel of land,located at 13992 SW Fern Street.The 2.38-acre site is an"island"of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction.City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400 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. CHASE ANNEXATION PAGE 1 OF 12 ZCA2018-00003 SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018-00003) 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 ZCA2018-00003 to City Council. SECTION III. BACKGROUND INFORMATION The 2.38-acre site (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135`h Avenue. According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts, the subject property 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. The subject property and the adjacent property (13990 SW Fern Street;WCTM 2S104BD, Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. 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 W 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 Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council(on August 14,2018). City staff followed public noticing requirements, in accordance with CDC 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 June 25, 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 June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission. CHASE ANNEXATION PAGE 2 OF 12 ZCA2018-00003 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 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 CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,following 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 June 11, 2018. Public hearings for deliberations on this proposed boundary change were scheduled before Planning Commission(on July 16,2018) and before City Council(on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 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 June 25,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish CHASE ANNEXATION PAGE 3 OF 12 ZCA2018-00003 dates on June 28 and July 5,2018)prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions 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 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 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 CHASE ANNEXATION PAGE 4 OF 12 ZC112018-00003 applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; 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. 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 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 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 June 28, 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. CHASE ANNEXATION PAGE 5 OF 12 ZCA2018-00003 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary parry; and The 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 August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00003, the effective date of this annexation will be three years after the effective date of the approving ordinance,as outlined in ORS 222.750(5). 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. (CDC 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, 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. CHASE ANNEXATION PAGE 6 OF 12 ZCA2018-00003 CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use Citof Tigard Zoning City of Tigard City gg Districts/Plan Designation Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre CDC 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 June 25, 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 June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 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. Staff interprets the phrase "all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. Stormwater—City of Tigard Public Works Department. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. CHASE ANNEXATION PAGE 7 OF 12 ZCA2018-00003 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 water main along SW Fern Street.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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 Sheriff's 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. This proposal is to annex a 2.38-acre "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. 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 connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area,or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is CHASE ANNEXATION PAGE 8 OF 12 ZCA2018-00003 classified as a neighborhood route, 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 CDC Sections 18.720.030.13 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. The subject property (13992 SW Fern Street;WCTM 2S10413D, Tax Lot 9400) and the adjacent property (13990 SW Fern Street;WCTM 2S10413D,Tax Lot 9300) make up an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300 have also submitted a request to annex in order to connect to city sewer. Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island,"which 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 CHASE ANNEXATION PAGE 9 OF 12 ZCA2018-00003 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. The City of Tigard has initiated this application to annex the subject property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400).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 July 16, 2018) and before City Council (on August 14, 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 June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on June 25,2018 (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 June 25,2018. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city,or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5, the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. (4) Unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum,with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for,and in,residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation CHASE ANNEXATION PAGE 10 OF 12 ZCA2018-00003 approved.The city recorder or other officer performing the duties of the city recorder shall: (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b)Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. The subject property is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one before City Council on August 14, 2018. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018- 00003, the effective date of this annexation will be three years after the effective date of the approving ordinance. Furthermore,city staff will record notice of the delayed annexation with the Washington County Assessment and Taxation Department,Recording Division within 60 days after City Council approves this application,and will notify the county between 120 days to 90 days before the annexation takes effect. 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 June 25,2018.As of July 9,2018, no public comments were received. Attachments: Attachment 1: Zoning Map CHASE ANNEXATION PAGE 11 OF 12 ZCA2018-00003 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy G, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, staff recommends that the Planning Commission recommend approval of this annexation to City Council. June 28 2018 PREPARED BY: Lina Smith Assistant Planner June 28,2018 APPROVED Tom McGuire Assistant Community Development Director CHASE ANNEXATION PAGE 12 OF 12 ZCA2018-00003 REQUEST FOR COMMENTS AFFIDAVIT OF MAILING I,Lina Smith,being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County,Oregon and that I served the following: (Check Appropriate Box(s)Below) ® REQUEST FOR COMMENTS AND NOTICE OF A PUBLIC HEARING FOR: LEWIS ANNEXATION (ZCA2018-00002)AND CHASE ANNEXATION(ZCA2018-00003) ❑ REVISED NOTICE OF: ❑ City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer ® Tigard Planning Commission ® Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, Tune 14,2018,and deposited in the United States Mail on lune 14,2018,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) ) C� Subscribed and sworn/affirmed before me on the 1 day of L ,2018. OFFICIAL STAMP GLORIA NALLELY PINION MARIN NOTARY PUBLIC-OREGON COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF OREGON My Commission Expires: l 0 /7'?-0 Z-/ EXHIBIT REQUEST FOR COMMENTS DATE: June 14,2018 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCSntigard-or.gov LEWIS ANNEXATION (CASE NO. ZCA2018-00002) CHASE ANNEXATION (CASE NO. ZCA2018-00003) REQUESTS:The proposals are to annex two(2)parcels of land,located at 13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400),into the City of Tigard. The property owners of Tax Lot 9300 request to annex in order to connect to city sewer.The City of Tigard proposes a delayed annexation for Tax Lot 9400. Both parcels are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. LOCATIONS: 13990 SW Fern Street (WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street(WCTM 2S104BD, Tax Lot 9400). COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. CITY ZONE: R-7: Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard; Tigard Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes Chapter 222. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared, and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, RE DIEM ,UR MMM A&"AX,RM 201&You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, or have any questions, please contact the staff member noted above. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. Notice of Public Hearings — Type III-Modified Quasi-judicial Annexations Lewis Annexation (Case No. ZCA2018-00002) Chase Annexation (Case No. ZCA2018-00003) Tigard Community Development Contact Information Date of Notice: Monday,June 25,2018 120 days = N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov These applications will be processed through Type III-Modified Procedures. City Council will make the final decisions on these applications,with recommendations from Planning Commission. PLANNING COMMISSION will conduct public hearings on these applications beginning at 7:00 p.m. on Monday,July 16,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. CITY COUNCIL will conduct public hearings on these applications beginning at 7:30 p.m.on Tuesday,August 14,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. Anyone wishing to present written testimony on the proposed actions may do so by sending it to Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCSQtigard-or.gov. Include the Case ID Numbers (outlined above).Anyone wishing to present oral testimony may do so at the hearings. Information About the Applications Description of the Applications: The proposals are to annex two (2)parcels of land,located at 13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300)and 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400),into the City of Tigard.The property owners of Tax Lot 9300 request to annex in order to connect to city sewer. The City of Tigard proposes a delayed annexation for Tax Lot 9400. Both parcels are"islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. Applicants: John and Elizabeth A. Lewis 13990 SW Fern Street Tigard,OR 97223 City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Property Owners: John and Elizabeth A.Lewis 13990 SW Fern Street Tigard,OR 97223 Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard,OR 97223 City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 1 of 3 Property Addresses and 13990 SW Fern Street (WCTM 2S104BD,Tax Lot 9300) Legal Descriptions: 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400) County Zone: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density City Zone: R-7: Medium-Density Residential Zone Applicable Review The approval standards for annexations are described in Chapters 18.710 and 18.720 of Criteria: the Community Development Code of the City of Tigard;Tigard Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes Chapter 222. What You Should Know About These Type III-Modified Applications The proposals require quasi-judicial Type III-Modified land use reviews, and public hearings before Planning Commission and City Council. The goal of this notice is to invite interested parties to participate early in the review process by submitting comments in writing during the open comment period or through oral testimony at the public hearings. The Community Development Department will be making recommendations to Planning Commission on these proposals;our staff reports and recommendations will be available for public review at least 15 days prior to the Planning Commission public hearings. City Council will make the final decisions on these applications, after considering the recommendations from Planning Commission. City Council's decisions and Planning Commission's recommendations will be made after consideration of relevant evidence and public comments received during the open comment period and at the hearings. City Council's decisions will be mailed to the applicants and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: copies of the applications, documents, and evidence considered will be contained in the public record,and available for public review. If you would like to review these materials at no cost,please contact Lina Smith,Assistant Planner at (503) 718-2438 or LinaCS&dggrd-or.gov. If you wish to receive copies of the materials,city staff will prepare them for you at a reasonable cost. Public Comment and Hearing Process Information The public hearings on these applications will be conducted in accordance with the Tigard Development Code, Chapter 18.710 and rules of procedure adopted by the Tigard City Council,which are available online or by request at City Hall. At the hearings, City Council and Planning Commission will receive staff report presentations from the city planner, open the public hearings, and invite both oral and written testimony. City Council and Planning Commission may continue the public hearings into additional meetings in order to obtain more information or may close the public hearings and take action on the applications. If evidence in support of the applications is submitted less than seven days prior to the public hearings,any party is entitled to request a continuance of the hearings. If there is no continuance granted at the hearings, any participant in attendance may request that the record remain open for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding the proposals, either in person or in writing prior to the close of the public hearings,or failure to provide testimony or sufficient evidence to allow City Council or Planning Commission to respond to the issue,precludes an appeal to the Land Use Board of Appeals based on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the applicable City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 2 of 3 review criteria are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.710.There is a fee charged for appeals. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Assistive Listening Devices and Interpreters: Assistive listening devices are available by request. The city will also endeavor to arrange for a qualified sign language and bilingual interpreters upon request. Please call 503-639-4171,extension 2438 (voice) or 503-684-2772 (TDD—Telecommunications Device for the Deaf). Please make these arrangements at least one week prior to the public hearings. Zoning Map - R-25 (PD) R! 5 C 4+ir a Zoning Map Generalized Zoning Categories PR . _. _. R-17(,PD) I �STSH !S inSRLSL SONG CZ .. N.ORT W DR �'' �'-- --- -• > M .Rcxidential ! - � - "�f� m ARCIA OR a - ! ,� ,Mixed lUmResidential 4 Q t.R 4 ' T•. -- -- Commercial \ IfMixed Ise - � � R-7 (PD') __ - WALNUT LN Triangle Mixed I,. ' _ 1 - ' _ - .. Mixed Use k'teploymem ,� -.. ,"�'� 'R-L•5 �-Itxlustrial � rte-;Packs and Rccrmtinn XR`A1-NTY Overlay Z_-_- 'Q ! I listoric OiArict Overlay R-T -- �„�_,� ! {'IannrdLreeelopmeMOverlay h M { PR SuNect Site R ;{P I R-7 ! MW Arab M lU 0 AM on lYJutttl 4 Op', �R T(PD) r_ LAUREN -R-4-5. PR LN'ivNltEy,`e - - — -O� wMMur+m uevritvMeni uereni Mcni -._- MI CH CT - O. y -� City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 3 of 3 s>~qQ ; ' "' 1 R=25''(PvDa) R -1 zoning Map C LN ; b ,. - k Generalized Zoning Categories PRISH; 7.01111ing Description ,, > Residential NdSONG C� r r; ORTH W DR �dC ✓ , { _-„�_ -- ; , f, tLlr r* MARCIA DR �� Mixed Use Residential /r l k._ / I -�, 'Commercial �R=7 / Mixed Use i �R_ __r_WALNUT LN t '`"\ Triangle Mixed Use Mixed Use Employment -\2-5' Industrial Rtwo Parks and Recreation WA-CNTY �;�— Overlay Zones / r j �t _� I Historic District Overlay r ' � W -7 M 'Planned Development Overlay f l t Subject Site R-7 _ ry I rl,� f !'� r',r'' ✓ /✓ Map printed at 10:45 AM on 13-Jun-18 d� FROM RD ----LAUREN LN DATA IS DERIVED MULTIPLEa SOURCES.THE ECITY R 4AMAKES O — WARRANERERRENTATIOROURANTtENECODNT,AECURATs7 R-45 SCOMPLETENESS F DATA HIIECITY OF FOROMISSIONS O ANY R NCURAIEINTNEINORMAN PROVIDED REGARDLESS OF HOWCAED � y O COMMUNITY DEVELOPMENT DEPARTMENT MICHELL r "C� J CT _ Q D at orTaN 66 13125 SW all Blvd GnR P� Tigard,OR 97223 ,f Feet t`r , ... , 11M� SD3639�171 a+k' www,ti ardor. ov 0 334 ;kJ !� cc 9 9 / ✓ / , t4 ?%') s) RECEIVED City of Tigard JUN 11 2018 v COMMUNITY DEVELOPMENT DEPARTME CITY OF TIGARD C BANNING/ENGINEERING Master Land Use Application I-ANDD USE APPLICI&TION TYPE ❑ Adjustment/Variance(In ❑ Planned Development(III) ❑ Comprehensive Plan Amendment(Legislative) ❑ Sensitive Lands Review(II or III) ❑ Conditional Use(III) ❑ Site Development Review(11) ❑ Development Code Amendment(Legislative) ❑ Subdivision(II) ❑ Discretionary Urban Forestry Plan Review(III) ❑ Transportation Mitigation (II) ❑ Downtown Design Review(II,IIT) ❑ Urban Forestry Plan Modification(1) ❑ Historic Overlay(II or III) ❑ Zone Change ❑ Home Occupation(IT) (HI or Legislative} IR Zone Change Annexation(III or Legislative) ❑ Land Partition(11) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) PAOPEWr` v w WE 4 xi Aa r%AC wT ( s xL A it ,) —__eTHfit, SVe&Mi?YAL iTEtilS 'D k eb A Et-'.kv'vhh 4x) 3.,. I. >~ 4�1� ��S �cz; Pt-�oeY .., K�t�►l�' AC�I:S l..+ok• ��+ -- *ns�,fC�r•� wit- L to PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): 131 y 4a Fit N s3 ikr e T `,1 C Ani to Tax maps and tax lot #s: w A s t«y4y'r a N "X V WT V I o'4`n Lv t 9 3 0'o Total site size: O 4'I o.c,v t1 Zoning classification: -1 APPLICANT INFORMATION Case No.: Name: Z%iiro CkWIS -2 Mailing address: 1114 a -&W r(`p"4 StAr FT Related Case No.(s): Ci /state: 71 rrAP P o t� Application Fee: —0-0- City/state: Zip: 9 '��i3-t s l g Phone number: 5 a 3 _ Z� `i Z,2Qi N�r� 1 Appluanoa accepted: Primary contact name: 'X dot N 1_E\#4 i S BY: ire: Phone number. 3-) 1 ti � 1i v 4, �' 9 4 Application determined complete: Email: d S t r .�k i @r (,s tY. By: J'1C000nuftVOtvebPMen"and Use ADPh=tnnsl_rv=and TamPh"eUnd Us$Apphanan Rev.W141=7 City f igard 13125 SW Hall Blvd. Tigard,Oregon 97223 wwwtigard-orgov • *503-718-2421 Page 1 of 2✓ PROPERTY OWNER,/DEED HOLDER INFORMATION (Attach list if more than one) Name: _ 7 1t t� %o-J, ;i ' 4t W i Mailing address: M'10 City/state- lrAei.r� �a�1 �+� Zip: e1? �•3 _t�� Phone: o r 22�t Email: `When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). LQ W l A 0 Applican s signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of sack owner of the subject property required V4 1 Owner's s—l Print name Date Owner's Qnature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tvrd-or.gov • 503-718-2421 • Page 2 of 2 Attachment#1 Voluntary Zone Change Annexation for 13990 SW Fern Street Property Owner's Statement 10 June 2018 The applicant desires a Voluntary Zone Change Annexation to permit a sewer connection for the subject property @13990 SW Fern Street. The connection from the property would be to a newly-installed westward extension of the existing Fern Street sewer. (The extension would run from existing sewer manhole SS04B052 to a new manhole on Fern Street within the bounds of the subject property frontage.) The PFI Permit application for the sewer extension itself together with its proposed plans were submitted for review to the City of Tigard on 04/23/2018 and the application fee was paid(Receipt Number 416875) A-f-T At li 1A t' WT % '' ►�►�:Lhil 3`s 4 4 1 $W i=P, . ,-.. t WARRANTY DEED t1N©IVIDVAL) X= F. OST91110n ASW Sff=/ora W. W i9111111 { hereinafter calte+d grantor,cornu 4 to it ion all than real property situated in the County z ofyishiswton .State of Oregon,described as: A portion of Lot 24, HAMT ACRES, a subdivision of record in the Northwest goarte+r of Section 4, Township 2 South, I&W 1 hest, Willastette Berldt,aa, Washington County, Oregon, said portion being srnr particularly described as follows: asglnning at an iron rod an tine Southerly right of way line of S.Q. Bern Street, which boars M} Borth 67'27'25" Wast 50.00 feet frons an iron pipe at the Northeast corner of said Lot 24, aM tanning thence aloft the Southerly right of tray line of said S.R. Fern Street, north 14 67`27'25" West 92.25 feet to an iron rod; thence along the are of a 25.00 foot radius aerre ;; to the left(the long elhsrdof which bests South 56'38147" hest 41.41E feet) 46.76 feet to an iron rod; then, parallel with the Basterly line of said Lot 24, South Ott" 45' test 143.41 hest to a point; tha ce along the arc of a 125.00 foot radius curs to the right (the long chord of which bears South 0401,7' Wast 15_41 feat) 15.42 foot to a point; thence South 84'15' Bast 120.84 fret to an iron trod; thence North 00'45' Best 147.76 feet to the point of beginning. UNTIL IM78M NOTICE MAIL TAX ST&TRO S TO: John Lewis , 13990 S.Y. Fath Tigard, Oregon 97223 �a�nd�covenant(s) that grantor is the owner of the above describe!property free of all encumbrance except LR::2 t��r s Una but .�r_yet, pay&l And 4110ndinit wi00y 31 as��a�wt�tfs 9 rte>�fsop and raseenanta of bt04f+6d and will warrant and defend the same against all persons who may Wuliy claim the same,except as shown above: The true and actual consideration for this transfer is$ 63,000.00 T a G i Dated this "1 025 dap of �9 ..• . w i' STATE OF OREGON.County of LtrfhfAshmn Ss. iuLF o . 19-26-personally appeared the Share named 11112 osterbwut and Shirley W. osteriaut and acknowledged the foregoing instrument to be their voluntary act and deed. Bef mar-7-4,4� Public for Oregon L' My commission expires: �O f�7L 4 • �.idtar Igmgirii �M t old include cash plus sit encumbrances existing against the property to which the t• of rsaW' kibpa or which the purchaser agrees to pay or arms. Includes other property or value, add the following: "However. the actual consideration ..O incfudes other property or value givers or promised which is part of the/the whole consideration."tlndku to which ty WARRAFM DEED(INDIVIDUAL) STATE OF OR EGO City of Tigard RECEIVED li COMMUNITY DEVELOPMENT DEPARTMENT JUN 11 2018 Master Land Use Application CITY OF TIGAR® PLANNING/ENGINEERING LAND USE APPLICATION TYPE ❑ Adjustment/Variance(II) ❑ Planned Development(III) ❑ Comprehensive Plan Amendment(L4slative) ❑ Sensitive Lands Review(II or III) ❑ Conditional Use(III) ❑ Site Development Review(II) ❑ Development Code Amendment(Legislative) ❑ Subdivision(II) ❑ Discretionary Urban Forestry Plan Review(III) ❑ Transportation Mitigation (II) ❑ Downtown Design Review(II,III) ❑ Urban Forestry Plan Modification (I) ❑ Historic Overlay(II or III) ❑ Zone Change(III or Legislative) ❑ Home Occupation(II) B Zone Change Annexation (III or Legislative) ❑ Land Partition(I1) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL.SUMMARY (Brief description) Involuntary annexation of a 2.38-acre island property into the City of Tigard.Property is located at 13992 SW Fern Street. PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): 13992 SW Fern St,Tigard,OR 97223 Tax maps and tax lot #s: 2S104BDO9400 Total site size: 2.38 acres Zoning classification: Washington County R-6;City of Tigard R-7 APPLICANT INFORMATION ZCA2018-00003 Name: Agnes Lindor, City of Tigard Case No.: Mailing address: 13125 SW Hall Blvd Rdatcd Calc No-(s); N/A City/state: Tigard,OR Zip. 97223 Application Fee: N/A Phone number. (503)718-2429 Application accept& Primary contact name: See above By:I_S wt,; 6/11/18 Phone number. See above Application determined complete: Finai1 AgnesL@tigard-or.gov By . 1•W Fmwn*V Dwalopman%&rW Ura Appknb mX02-foam and TamPWuVand Uaa AVphcamm Rev.IWUAM7 City of Tigard •~ 13125 SW Hall Blvd. _ --VYn 97223 �- vd. T*atd,Oregon 9 wwwttgard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Eric M.&Shelley M.Chase Rev Liv Trust Mailing address: 13992 SW Fem St T' ard,OR Zip: 97223 City/state: � Phone: (503)890-9084 Email: shchse@gmall.com 'When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). Mrh 14 Agnes Lindor, City of Tigard 6/11/18 App is signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of eacb owner of the subject property required Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard. 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-orgov • 503-718-2421 Page 2 of 2 CITY OF TIGARD REQUEST FOR COMMENTS EXEC I IT NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS: FILE NAME: ZCA2018-00001,ZCA2018-00003 LEWIS AND CHASE ANNEXATIONS Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES CD Administration/Kenny Asher,CD Director CD Administration/Tom McGuire,Asst CD Director EMAIL CD/Sr.Transportation Planner electronic co CD/SRTS Coordinator City Administration/Carol Krager,City Recorder Development Services/Planning-Engineering Techs. (except annexations) 1 Development Services/Development Eng.Khoi Le(Copy on all Notices of Decision) 1 Building Division/Mark VanDomelen,Building Official 1 Police Department/Jim Wolf,Crime Prevention Officer(Copy on all Notices of Decision) 1 Public Works/John Goodrich EMAIL Engineering/Oscar Contreras(Addressing-ONLY electronic copy-Full size plan set) Hearings Officer(2 sets) Planning Commission(12 sets) City Attorney File/Reference 2 sets LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* City of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* City of King City City Manager,15300 SW 116th Ave,King City OR 97224* City of Lake Oswego,Planning Director,PO Box 369,Lake Oswego OR 97034* City of Portland,Planning Bureau Director,1900 SW 4th Ave,Suite 4100,Portland OR 97201 City of Tualatin Planning Manager,18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center(ZCA- Ado ted)* 1 Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Brian Harper,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr.Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179(Notify if ODOT R/R-Hwy Crossing is onl access to land). EMAIL ODOT Re"1 Development Review Progratn-4123 NW Flanders St,Portland OR 97209* Email Regionl_DEVREV Alications a@odot.state.orus OR Dept of Energy,Bonneville Power Administration,Attn:Realty Specialist Jim Clark,2715 Tepper Lane NE,Keizer,OR 97303 owerlines in area OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310(monopole towers) OR Dept of Environmental Quality(DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District,18330 NW Sauvie Island Road,Portland OR 97231 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37)-See DLCD website for online submittal procedures. ONLINE OR Division of State Lands,Melinda Wood(WLUN Form Required). ONLINE submission. OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overly OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 \f9LftrVism4irkim ProfilelDeskbp4B°°kI Rev.20180212 Page 1 of 2 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS EMAIL US Army Corps of Engineers(Maps and CWS letter only)File size<10MB email to PordandPermits@usace.army.mil File size >10MB upload to https://safe.amrdec.army.mil/safe/ EMAIL WCCCA 9-1-1,Ian Crawford,17911 NW Evergreen Pkwy,Beaverton,OR 97006(preliminary plats-subdivisions for street naming/numbering.Email:icraa ford@,vccca.com Washington County Consolidated Communications Agency(WCCCA)"911",Kelly Dutra,17911 NW Evergreen Pkwy,Beaverton, OR 97006(monopole towers 1 Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123-5625 (general apps)* Washington County,Cartography,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA Final Notice ONLY)* 1 Washington County Principal Planner,Community Planning,Dept of Land Use&Trans,Planning and Development Services,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124 CA* 1 Washington County,Dept of Land Use&Trans,ATTN:Current Planning,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124 zcA* UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES 1 Beaverton School District#48,Jennifer Garland,Demographics,16550 SW Merlo Rd,Beaverton OR 97006-5152 1 Century Link,Samantha Ridderbusch,Local Government Affairs Director,310 SW Park Ave,lith Floor,Portland OR 97205 1 Clean Water Services,Development Services Department,David Schweitzer/SWM Program,2550 SW Hillsboro Hwy,Hillsboro OR 97123* 1 Comcast Cable Corp.,Gerald Backhaus,14200 SW Brigadoon Court,Beaverton OR 97005(See map for area contact) 1 Frontier Communications Email:BeaveronEngineciing@ftr.com and Julia.Smith@ftr.com. 1 NW Natural Gas,ATIN:Annexation Coordinator,220 NW 2nd Ave,Portland,OR 97209(Annexations only) 1 NW Natural Gas Company,Brian Kelley,Engineering Coord.,220 NW Second Ave,Portland OR 97209-3991 Oregon Health Authority(ORA),Oregon Medical Marijuana Program,PO Box 14450,Portland,OR 97293-0450 Oregon Liquor Control Commission(OLCC),Recreational Marijuana Program,Attn:Amanda Borup,PO Box 22297,Milwaukie, OR 97269-2297 1 Portland General Electric,Service and Design Project Manager,2213 SW 153rd Drive,Beaverton OR 97003 Portland&Western Railroad,Inc.(Burlington,Northern/Sante Fe R/R predecessor),Kirk Bedford,General Manager,3220 State Street,Suite 200,Salem,OR 97301 1 Pride Disposal Company-copy on ALL Notices(kristinl@pridedisposaLcom) Tigard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 1 Tigard Water District,POB 230281,Tigard OR 97281-0281 Tualatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* 1 Tualatin Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* Plans Onl r Tualatin Valley Water District,Administrative Offic.Email: smith@tvwcLorg and sarah.alton@tvwd.org Tri-Met Transit Development,Ben Baldwin,Project Planner,1800 SW 1st Ave#300,Portland,OR 97201 (If project is within 1/4 mile of a transit route Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503- 249-3079 *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects(Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Joe or Doreen if you need updates to it.Thank you. XftuserWsersVinacs\Profte'Deskbp\Bwkt Rev.20180212 Page 2 of 2 Lina Smith From: Kristen Tabscott <kTabscott@pridedisposal.com> Sent: Friday,June 15, 2018 10:47 AM To: Lina Smith Subject: RE: Request for Comments: Lewis and Chase Annexations (June 28) Good Morning Lina, We have no comments for this one. Thanks, Kristen From: Lina Smith Sent:Thursday,June 14,2018 4:55 PM To: 'beavertonengineering@ftr.com'; Kristin Leichner; Kristen Tabscott Subject: Request for Comments: Lewis and Chase Annexations(June 28) Please see the attached request for comments for the annexations of two properties. If you have comments, please submit them to me by Thursday,June 28. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tieard-or.eov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested,e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." r C REQUEST FOR COMMENTS DATE: June 14 2018 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCS ,tigard-or.gov LEWIS ANNEXATION (CASE NO. ZCA2018-00002) CHASE ANNEXATION (CASE NO. ZCA2018-00003) REQUESTS:The proposals are to annex two(2)parcels of land,located at 13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400),into the City of Tigard. The property owners of Tax Lot 9300 request to annex in order to connect to city sewer.The City of Tigard proposes a delayed annexation for Tax Lot 9400. Both parcels are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. LOCATIONS: 13990 SW Fern Street (WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street(WCTM 2S104BD, Tax Lot 9400). COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. CITY ZONE: R-7: Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard; Tigard Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes Chapter 222. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared, and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, MM hU ED YOUR C. QMN==,RA" f AM&M.You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, or have any questions, please contact the staff member noted above. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. O;MNAw stja @ irti (Q.at . of a� ,�•�(g Z � c CE�� JUN-2 5101 REQUEST FOR COMMENTS DATE: June 14,2018 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCSktigard-or.gov LEWIS ANNEXATION (CASE NO. ZCA2018-00002) CHASE ANNEXATION (CASE NO. ZCA2018-00003) REQUESTS:The proposals are to annex two(2)parcels of land,located at 13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400),into the City of Tigard. The property owners of Tax Lot 9300 request to annex in order to connect to city sewer.The City of Tigard proposes a delayed annexation for Tax Lot 9400. Both parcels are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. LOCATIONS: 13990 SW Fern Street (WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street(WCTM 2S104BD, Tax Lot 9400). COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. CITY ZONE: R-7: Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard; Tigard Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes Chapter 222. Attached are the Applicant's Materials for your review.From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared, and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, j$F �yOUR Ct 1 ,,,UUM MaK BYY.ILM 2&2M You may use the space provided below or attach a separate letter to return your comments. Iyou are unable to respond by the above date, or have any questions, please contact the staff member noted above. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: si REQUEST FOR COMMENTS DATE: June 14,2018 TO: Per Attached FROM: Q4,of Turd Planning Division STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503)718-2438 Fag: (503)718-2748 Email: LinaCK4i dgard-or.gov LEWIS ANNEXATION (CASE NO. ZCA2018-00002) CHASE ANNEXATION (CASE NO. ZCA2018-00003) REQUESTS:The proposals are to annex two(2)parcels of land,located at 13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400),into the City of Tigard.The property owners of Tax Lot 9300 request to annex in order to connect to city sewer.The City of Tigard proposes a delayed annexation for Tax Lot 9400.Both parcels are"islands"of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction.LOCATIONS:13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300)and 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400). COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. CITY ZONE: R-7: Medium Density Residential Zone.APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard,Tigard Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes Chapter 222. Attached are the Applicant's Materials for your review.From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared,and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, ME.. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respmd_in the above date.or have any questions,please contact the staff member noted above. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. P.leam-contact of our office. John Wolff L4M-CFI 7UUU17W 104t &FW&R MCUE 2 Deputy Five Marshal II R&JE� °�A I V— .d (503)259-1504-direct IM (503)642-4814-fax APPROVAL &mom ca Tu aladn Valley (503)649-8577-main Fire & Rescue John.Wolff@tvfr.com -21 11945 S.W.70th Avenue Tigard,OR 97223-9196 77 V www.tvfir.com IName&Number of Person Commenting. Boundary Change Preliminary Review DOR 34-P739-2018 O R E G O N DEPARTMENT �I'OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Tigard OR 97223 July 9, 2018 Documents received: 6/22/2018 From: Lina Smithf._ This letter is to inform you that the map and description for your planne City of Tigard((ZCA2018-00003)(Chase Annexation)) in Washington County reviewed per your request. They DO NOT MEET the requirements for use with an dinance, or Resolution in accordance with ORS 308.225. --No description was provided with the preliminary packe fr- --Highlight or redline the annexation area on the map with earings and distances. --Would reccomend that you submit the updated description as soon as you receive it, so DOR can review it. --It can be submitted with the Final docum may be disapproved for corrections. w If you have any questions please contact Elise Bruch, 503-302-8353 Boundary Change Preliminary Review DOR 34-P739-2018 O R E G O N DEPARTMENT �IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Tigard OR 97223 August 9, 2018 Documents received: 6/22/2018, 7/11/2018 From: Lina Smith This letter is to inform you that the map and description for your planne City of Tigard((ZCA2018-00003)(Chase Annexation) Proposed Delayed annex.) in Washington County have been reviewe o request. They DO NOT MEET the requirements for use with an Order, Ordinanc lution in accordance with ORS 308.225. Line 19 : --Remove "also being the east line of Handy A description.. Line 23: -- Should be calling to SW corner of"Tract n the description. Line 11: --Label "Document No. 2018-013522' the p. Line 25: --Label "more or less" on the ma 701.77' distance. Fix the labels "Tract E" and "Tra are incorrectly labeled on the map. If you have any questions please contact Elise Bruch, 503-302-8353 DOR 34-2361-2018 Notice to Taxing Districts ORS 308.225 O R E G O N DEPARTMENT 'IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Tigard OR 97223 --------------.........................-...--------------------- &7 Description VMap- Received from: Lina Smith On: 8/21/2018 This is to notify you that your boundary change in Washington County for: ANNEX to CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS ORD. #2018-17 (ZCA 2018-00003)(Chase) (Delayed annexation) has been: ❑ Approved V Disapproved 9/6/2018 Notes: Last course back to POB--Fix call along Lot 24 to be "East" line. Fix call along Tracts E &F to be "West" line. The Chase Annexation is a delayed annexation(effective on September 13,2021). Department of Revenue File Number: 34-2361-2018 Reviewed by: Elise Bruch, 503-302-8353 Boundary: V7 Change ❑Proposed Change The change is for: ❑Formation of a new district ❑Transfer 617 Annexation of a territory to a district ❑Merge Withdrawal of a territory from a district ❑Establishment of Tax Zone ❑Dissolution of a district DOR 34-2361-2018 Notice to Taxing Districts ORS 308.225 O R E G O N DEPARTMENT �IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem,OR 97309-5075 fax 503-945-8737 boundary.changes@oregon.gov City of Tigard Associate Planner 13125 SW Hall Blvd Desci-iption and Map Appi-oved Tigard OR 97223 September 11, 2018 As pei- ORS 308.215 Description S7 Map-Received from: Lina Smith On: 8/21/2018, 9/10/2018 This is to notify you that your boundary change in Washington County for: ANNEX to CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS ORD. #2018-17 (ZCA 2018-00003)(Chase) (Delayed annexation) has been: V Approved 9/11/2018 ❑ Disapproved Notes: DOR received a revised description and map on 9-10-2018. These should also be sent to the County Assessor,Metro and the Secretary of State. The Chase Annexation is a delayed annexation(effective on September 13,2021). Department of Revenue File Number: 34-2361-2018If you have not already done so,the approved Reviewed by: Elise Bruch, 503-302-8353 version of the map(s),legal descriptions(s)and signed ordinance must also be filed with the Boundary: VChange ❑Proposed Change County Assessor and Secretary of State The change is for: ❑Formation of a new district ❑Transfer Annexation of a territory to a district ❑Merge �f7 Withdrawal of a territory from a district ❑Establishment of Tax Zone 0 Dissolution of a district MAILING / NOTIFICATION RECORDS II AFFIDAVIT OF MAILING TIGARD I,Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County,Oregon and that I served the following: {Check Appropriate Box(s)Below} ® REMINDER NOTICE OF ANNEXATION FOR: Chase Annexation ZCA2018-00003. ❑ AMENDED NOTICE— Decision making body: ❑ City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof, June 2,2021 and deposited in the United States Mail on June 2,2021 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 19 day of ,2021. OFFICIAL STAMP titt„ z EDGARDO MALDONADO NOTARY PUBLIC OREGON ,e99 COMMISSION NO 991417 MY COMMISSION EXPIRES OCTOBER 01 2023 NOTARY P I BLIC OF OREGON My Commission Expires: O/0 V2023 EXHIBIT A IMP TWO; Yr.. City of Tigard NOTICE TO CITY OF TIGARD STAFF,WASHINGTON COUNTY ASSESSMENT AND TAXATION DEPARTMENT, PARTNER AGENCIES, SPECIAL DISTRICTS, PUBLIC UTILITIES, ELECTRIC COOPERATIVES, AND TELECOMMUNICATIONS CARRIERS This notice is a reminder that the following annexation will become effective on September 13, 2021: Case Name and Number: Chase Annexation (Case No. ZCA2018-00003) Property Owners: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard, OR 97223 Property Address and 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400) Legal Description: Ordinance Number: 2018-17 (Approved by Tigard City Council on August 14,2018) Effective Date of September 13, 2021 Annexation: Please feel free to contact the City of Tigard Planning Division at (503) 718-2421 or tigardplanneronduty@tigard-or.gov if you have any questions. Sincerely, Lina Smith Assistant Planner Attachment: Ordinance No. 2018-17 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov CITY OF'1'1GARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- 17 AN ORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY FROM THE TIGARD WAThR DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS 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 Planning Commission held a public hearing on July 16,2018, and Tigard City Council held a public hearing on August 14, 2018, to consider the annexation of one (1)parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD,Tax Lot 9400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and ' S,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 July 16,2018 and August 14,2018;and WHEREAS, pursuant to ORS 222.524,the City must declare the withdrawal of the annexed property Washington Enhanced Sheriffs Patrol District,and Washington from the Tigard Water Dismct, County t, gt 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- 17 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" (ZCA2018-00003) 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: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. PASSED: By 7.07a 't/me' vote of all Council members present after being read by number and title only,this 1 4-4- day of ./4-14644,11- ,2018. Carol A. Krag� ,er,"City Recorder APPROVED: By Tigard City Council this 11 f day of fl u� ,2018. Approved as to form: Jo L.Cook,Mayor City A orney (z,loi \ l e Certified to be a True Copy of Original on File Date By: �� �DeputyRrqty Ti td ORDINANCE No. 18- 17 Date: °°11.16-1 I (e I;)-(:)1g Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4,Township 2 South, Range I West of the Willamette Meridian; being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also, being portions of Lots 23 and 24, Handy Acres,in Washington County, Oregon; and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991, Washington County Deed Records; thence parallel with the east line of said Lot 24 South 0216'21"West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 8T43'39"West a distance of 120.87 feet,more or less,to a point of non-tangent curvature, also being the east line of that property by Document No. 2018- 013522,Washington County Deed Records; thence, along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°57'56" (chord bears South 12°49'23" West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16°18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991, South 8T43'39" East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line, also being the east line of said Lot 23, South 02°16'21"West a distance of 475.54 feet,more or less,to the southwest corner of said Lot 24, also being on the north line of Tract A,Hillshire Woods; thence along the south line of said property, South 88°43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24, also being the southwest corner of Tract E,Hillshire Woods; thence along the east line of Lot 24 also being the west line of Tracts E and F, Hillshire Woods, North 0216'21"East a distance of 701.77 feet, more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. REGISTERED Area includes 2.408 acres, more or less. PROFESSIONAL �►' D SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: I Z r-S 0 115 0 0 51' 1 I i TRACT F TRACT E SCALE_1"=---100' HILLSHIRE HILLSHIREZZ WOODS WOODS N65'55'59"W 50.00' POINT OF BEGINNING wNO2'16'21"E 701.77'± 4.„,.i'-502'16'21"W 147.76' `o �_/ LOT 24 ^o HANDY ACRES BOOK 1099 �,r-N87'43'39"W 120.87' DOCUMENT NO. !�PAGE 991 2017-066363iii/5°/:44:5. HILLSHIRE co _ —{ CT A S02'i 6'21"W 475.54' co WOODS 587'43'39"E 21.37' 7-----r-sl 6'18'21"W 87.70' w w pec~' ^=v~i R=125.00' LOT 23 s i w A=6'57'56" HANDY ACRES 1-ow w O(n v 7 L=15.20' DOCUMENT NO. _ _ CH.=15.19' 2018-013522 ''' S12'49'23"W l I F-0 W J. OJ J U S CHASE PROPERTY - EXHIBIT B DATE 8/9/2018 IDRAM BY Ii WESTLAKE LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 g1EQ(ED BY cmCONSULTANTS see TONNSHIP 2 S., RANGE 1 W., W.M. GRA ENGINEERING • SURVEYING • PLANNING WASHINGTON COUNTY, OREGON REVISION0 PAC11C CORPORATE CENTER JOB NO. 15115 S.W.SERU03A PARKWAY.SUITE 150 (508 568244-045027 0330-020 ac►KO,oREcav onz� FAX(so - EXHIBIT B Joanna Mensher,Data Resource Center Washington County Metro-Land Use and Planning Cartography 600 NE Grand Ave 155 N First Ave,Ste 350 MS 9 Portland,OR 97232-2736 Hillsboro,OR 97124 WA Co.Dept of Land Use&Trans WA Co.Dept of Land Use&Trans Planning and Development Services ATTN: Current Planning Principal Planner,Community Planning 155 N First Ave,Ste 350 MS 13 155 N First Ave,Ste 350 MS 13 Hillsboro,OR 97124 Hillsboro,OR 97124 Beaverton School District#48 Alantax Systems Steven Sparks,AICP Liz Keach 16550 SW Merlo Rd 3838 Carson Street Suite 200 Beaverton,OR 97006-5152 Torrance,CA 90503 AT&T AT&T TCG Shawn Dalbec Nancy Andrey,St.Tax Acct 10340 SW Nimbus Dr 1010 N St.Mary's,Rm 9-R-8 Tigard,OR 97229 San Antonio,TX 78215 Bandwidth.com Birch Telecom,Inc.and Subsidiaries Karen Welch-Tax Manager 2323 Grand Blvd#925 900 Main Campus Dr Kansas City,MO 64108 Raleigh,NC 27606 BT Americas Inc BullsEye Telecom,Inc ATTN: Tax Dept Joy Hornkohl,Tax Manager 11440 Commerce Park Dr 25925 Telegraph Rd.,Suite 210 Reston,VA 20191 Southfield,MI 48033 CenturyLink Comcast IP Phone of Oregon LLC Samantha Ridderbusch Doug Cooley Local Government Affairs Director 2897 Chad Drive 310 SW Park Ave.,11th Floor Eugene,OR 97401 Portland,OR 97205 Comtel Telcom Assets LP Vartec Cricket Comm Inc Renita Partin 7337 Trade St.#1155 433 E Las Colinas Blvd Ste 1300 San Diego,CA 92121 Irvin,TX 75039 EarthLink Business,LLC First Communications,LLC Sales Tax Assoc.,Inc. Dan Tarrillion,Sales Tax Associates 4301 W William Cannon Dr 4301 W William Cannon Austin,TX 78749 Ste.B-150#291 Austin,TX 78749 IBM Global Services IDT Corporation Jenny Hansen Carl Billek 3838 Carson Street Suite 200 520 Broad Street,17th Floor Torrance,CA 90503 Newark,NJ 07012 IXC,Inc Masergy Communications,Inc PO Box 720128 Shrida Shah Oklahoma City,OK 73172 2740 N Dallas Pkwy#260 Plano,TX 75093 MCI Metro Access Transmission McLeod USA/Windstream 22001 Loudoun County Pkwy G1-3 Autry Meeker,Sr.Analyst—Engineering Ashburn,VA 20147 11101 Anderson Drive,Ste. 100 Little Rock,AR 72212 Megapath Corp. Mitel NetSolutions 2510 Zanker Road Tracey Sawyer San Jose,CA 95131 3100 Cumberland Blvd Ste 700 Atlanta,GA 30339 Paetec Comm,Inc Preferred Long Distance Inc 2 Concourse Pkwy NE#475 PMB 225, 1863,Pioneer Pkwy E. Atlanta,GA 30328 Springfield,OR 97477 Qwest Corporation Teleport Communications America 931 14th St,Room 1000A 3100 Cumberland Blvd,Ste 700 Denver,CO 80202 Atlanta,GA 30339 Trinsic Communication Inc. Value-Added Communications Inc. 100 Brook Wood Road 3838 Carson Street Suite 200 Atmore,AL 36502 Torrance,CA 90503 vCom Solutions X5 PDX,LLC Jenna Brown Barbara Meyer 12657 Alcosta Boulevard,Suite 418 1301 5th Ave,STE 2301 San Ramon,CA 94583 Seattle,WA 98101 Ziply Fiber ZONE Telecom(ANPI) ATTN:Russell Wells 200 Lake Dr E 4155 SW Cedar Hills Blvd. Cherry Hill,NJ 08002 Beaverton,OR 97005 TW Telecom,Inc Integra Telecom of Oregon Tina Davis Michael Dunn VP&Deputy General Counsel 1201 NE Lloyd Blvd.,Suite 750 10475 Park Meadows Drive Portland,OR 97232 Littleton,CO 80124 XO Communications Services NW Natural Gegi Leeger Account Services Director of Regulatory Contracts ATTN:Annexation Coordinator 13865 Sunrise Valley Drive 220 NW Second Ave Herndon,VA 20171 Portland,OR 97209-3991 PGE-Portland General Electric Pride Disposal Company Al TN:Eleanor Hittner Kristin Leichner 121 SW Salmon St.,1WTC0504 PO Box 820 Portland,OR 97204 Sherwood,OR 97140 Republic Services/Bio-Med Waste Management C/O Awin Mgmt Dean Kampfer 18500 N Allied Way 7227 NE 55th Ave Phoenix,AZ 85054 Portland,OR 97218 e City of Tigard Memorandum To: ZCA2018-00003 Land Use File From: Lina Smith, Assistant Planner Re: Certified Mailings Date: October 1, 2018 City staff mailed notices to government agencies, public utilities, electric cooperatives, and telecommunications carriers operating within the City of Tigard for Case Nos. ZCA2018-00002 (Lewis Annexation) and ZCA2018-00003 (Chase Annexation) concurrently. Accordingly, evidence of certified mailings for these notices (in accordance with the requirements of Oregon Revised Statutes 222.005) can be found in the land use file for Case No. ZCA2018-00002. City of Tigard I Memorandum To: Affected City Staff From: Lina Smith,Assistant Planner Re: RECENT ANNEXATION AND CENSUS INFORMATION City of Tigard Ordinance No. 2018-17 File No. ZCA2018-00003 File Name: Chase Annexation Date: September 19, 2018 On August 14, 2018, City Council approved the property located at 13992 SW Fern Street (WCTM 2S104BD, Tax Lot 9400) for annexation into the city (Ordinance No. 2018-17). Please note this is a delayed annexation that is effective on September 13, 2021. Attachment: Ordinance No. 2018-17 Copy: ZCA2018-00003 Land Use File CITY OF TIGARD, OREGON TIGARD CM COUNCIL ORDINANCE NO. 2018-_1-7 AN ORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY 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 Planning Commission held a public hearing on July 16,2018, and Tigard City Council held a public hearing on August 14, 2018,to consider the annexation of one (1)parcel of land consisting of Washington County Tax Map (WCTM) 2S10413D,Tax Lot 9400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2)public hearings on the issue of annexation into the City on July 16,2018 and.August 14,2018;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 Sheriff s 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- 1-7 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" (ZCA2018-00003) 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 prodding notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. PASSED: By 1,l/j1Q lrl N6XI11- vote of all Council members present after being read by number and title only,this /Ll�''- day of Avh ,2018. Carol A. Kragen,City Recorder APPROVED: By Tigard City Council this I q day of ,2018. Approved as to form. Jo L.Cook,Mayor f X-1— ✓ City A 6ney y 1 CerNtied to be a True Copy of Date Origin!on Fite 8y: Deputy Re r-City Wt 11001 ORDLNTANCE No. 18- 1-7 Date: ° 1 le i;eta l Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4, Township 2 South, Range I West of the Willamette Meridian; being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also,being portions of Lots 23 and 24, Handy Acres, in Washington County, Oregon;and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991, Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02°16'21" West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87°43'39" West a distance of 120.87 feet,more or less,to a point of non-tangent curvature,also being the east line of that property by Document No. 2018- 013522,Washington County Deed Records; thence, along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°5756"(chord bears South 12°49'23" West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16°18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991, South 8743'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line, also being the east line of said Lot 23, South 02'l 6'2 1"West a distance of 475.54 feet,more or less,to the southwest corner of said Lot 24, also being on the north line of Tract A, Hillshire Woods; thence along the south line of said property, South 88°43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24,also being the southwest corner of Tract E,Hillshire Woods; thence along the east line of Lot 24 also being the west line of Tracts E and F,Hillshire Woods, North 02'l 6'2 1"East a distance of 701.77 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. ---� REGISTERED Area includes 2.408 acres, more or less. PROFESSIONAL *N9,,SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: I Z (-S j I r7 0 50' IW I I I TRACT F TRACT E SCALE:1"=100' HILLSHIRE HILLSHIRE WOODS WOODS N65'55'59"W 50.00' POINT OF BEGINNING NO2'16'21"E 701.77'f S02.16'21"W 147.76' 0 0 LOT 24 0 HANDY ACRES •- BOOK 1099 87'43'39"W 120.87' DOCUMENT NO. w PAGE 991 2017-066363Lo TRACT A ?� HILLSHIRE 00 — — --_. S02'16'21"W 475.54' V) WOODS 87'4339"E 21.37' S16'18'21"W 87.70' w w 040: M2 � Lj LOT 23 �=(n =N A=6 57 56" HANDY ACRES o J v o-v L=15.20' DOCUMENT NO. CH.=15.19' 2018-013522 0 Sl 2'49'23"W ~(=n w J 0 CHASE PROPERTY - EXHIBIT B AM 8/9/2018 MM BY WESTLAKE LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 ECKEO BY CAJ I CONSULTANTS aye TONNSHIP 2 S., RANGE 1 W., W. M. GRA ENcnvrssmc . svrtvrnxc • pLAx rxc WASHINGTON COUNTY, OREGON SmGRA PACEM CORPOPA79 CBNTn B 15115 S.W. SEQUOIA PARKWAY. SUITS 150 (60a 994-0988 T[GARD. OREGON 07224 FAX (90 ) 984-0197 EXHIBIT C Hearin Date:August 14 2018 Time: :37 0 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL = FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CHASE ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard,OR 97223 PROPOSAL: The City of Tigard proposes a delayed annexation for one(1) parcel of land,located at 13992 SW Fern Street.The 2.38-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017.In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400 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. CHASE ANNEXATION PAGE 1 OF 12 ZCA2018-00003 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2018-OW03)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, Planning Commission recommends APPROVAL of ZCA2018-00003 to City Council. SECTION III. BACKGROUND INFORMATION The 2.38-acre site (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135`'Avenue. According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts, the subject property 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. The subject property and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners.The property is now being annexed to complete the Council policy. On July 16, 2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00003). 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 Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council (on August 14,2018). City staff followed public noticing requirements, in accordance with CDC 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 June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public CHASE ANNEXATION PAGE 2 OF 12 ZCA2018-00003 hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 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 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 CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application, following 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 CHAP'T'ER 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 June 11, 2018. Public hearings for deliberations on this proposed boundary CI ASE ANNEXATION PAGE 3 OF 12 ZCA2018-00003 change were scheduled before Planning Commission (on July 16,2018) and before City Council(on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 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 June 25,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018)prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.13 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 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 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; CHASE ANNEXATION PAGE 4 OF 12 ZCA2018-00003 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; 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. 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 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 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 June 28, 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 CHASE r1NNEXATION PAGE 5 OF 12 ZC12018-00003 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 The proposed annexation area will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriffs 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 August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00003,the effective date of this annexation will be three years after the effective date of the approving ordinance,as outlined in ORS 222.750(5). 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. (CDC 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, 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 CHASE ANNEXATION PAGE 6 OF 12 ZCA2018-00003 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. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use Citof Tigard Zoning City of Tigard City gg Districts/Plan Designation Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre CDC 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 June 25, 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 June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 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. Staff interprets the phrase "all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. CHASE ANNEXATION PAGE 7 OF 12 ZCA2018-00003 Stormwater—City of Tigard Public Works Department. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 water main along SW Fern Street. 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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 Sheriff's 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. This proposal is to annex a 2.38-acre "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. 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 connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area,or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and CHASE ANNEXATION PAGE 8 OF 12 ZCA2018-00003 determined there is adequate capacity to serve the existing property. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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 CDC Sections 18.720.030.13 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. The subject property (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) and the adjacent property (13990 SW Fern Street;WCTM 2S10413D,Tax Lot 9300) make up an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300 have also submitted a request to annex in order to connect to city sewer. Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island,"which is consistent with the policy outlined above. CHASE ANNEXATION PAGE 9 OF 12 ZCA2018-00003 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. The City of Tigard has initiated this application to annex the subject property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400).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 July 16, 2018) and before City Council (on August 14, 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 June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on June 25,2018 (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 June 25,2018. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5,the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. CHASE ANNEXATION PAGE 10 OF 12 ZCA2018-00003 (4) Unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum,with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for,and in,residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved.The city recorder or other officer performing the duties of the city recorder shall: (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b)Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. The subject property is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one before City Council on August 14, 2018. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018- 00003, the effective date of this annexation will be three years after the effective date of the approving ordinance.Furthermore,city staff will record notice of the delayed annexation with the Washington County Assessment and Taxation Department,Recording Division within 60 days after City Council approves this application,and will notify the county between 120 days to 90 days before the annexation takes effect. 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 June 25,2018.As of July 30,2018,no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated July 16,2018 CHASE ANNEXATION PAGE 11 OF 12 ZCA2018-00003 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC 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. Tiny 30,2018 PREPARED BY: Lina Smith Assistant Planner 30, 2018 APPROVED BY: Tom McGuire Assistant Community Development Director CHASE ANNEXATION PAGE 12 OF 12 ZCA2018-00003 7FF W, WAWA v0d Inn ,00 - t / t . . � •rliAt/ Vii'•- ./ � % ,//,�//. %i%� r Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes,July 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 Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Agnes Lindor,Associate Planner; Lina Smith,Assistant Planner, Schuyler Warren,Associate Planner, Susan Shanks, Senior Planner; Principal Engineer Khoi Le COMMUNICATIONS—President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21, 2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the May 21 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16,2018 Page 1 of 9 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 or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. 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). Stafreports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00002) 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 ZCA2018-00002 to City Council. APPLICANT PRESENTATION—Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed July 16,2018 Page 2 of 9 RESULT - Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION - ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street 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: Commissioner Feeney. 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 B). Staff reports are available on-line one week before each bearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) 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 ZCA2018-00003 to City Council. APPLICANT PRESENTATION—the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION July 16,2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed. RESULT - Motion for approval passes unanimously. (9—0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE ZON2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue 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 Lieuallen,Jackson, Fitzgerald, Feeney, Roberts, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each bearing)and a PowerPoint (Exhibit C) regarding the proposal below: ■ Rezone request ■ Change from R-3.5 to R-4.5 ■ Both in Low Density Residential Comprehensive Plan Designation ■ Subdivision ■ 14 lots ■ Extension of SW Lady Marion Drive west to SW 109f Avenue ■ Private street from SW Marion Drive July 16,2018 Page 4 of 9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together - concurrently. So to be clear, I cannot turn down the subdivision and approve the zone change?Yes. APPLICANT'S PRESENTATION Wayne Hayson, Planning Manager with Pioneer Design Group,was there representing the applicant, Paceline Holdings, LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 &R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a 26'wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed. All required public utilities are available to the site. He addressed some of the neighborhood concerns— such as speeding, no parking areas,illegal passing, etc. Unfortunately, these concerns cannot be controlled by the review of this application;however,he said, "We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas—16463 SW 103 Ave.,Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind, and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16,2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard—said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street;he does not want Lady Marion extended, and believes this should simply be a 14 lot cul-de-sac. Lynn Walker,14970 SW 109 Tigard—doesn't want Lady Marion extended. She is concerned about signage, lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109t"; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed—originally, this was going to be eight houses —and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth, 10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson, 10499 SW Naeve Street,Tigard—agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons,he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25%in grade;however, a building permit through the building code requirements - if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees;however,it's not a requirement—it's an option that they can utilize. As for noticing requirements—the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area—said the state law's minimum noticing area is actually just 300', and Tigard's 500' noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16,2018 Page 6 of 9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development shall be extended unless any of the three exceptions are present, that is environmental or topographical constraints, existing development,patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue; there's nothing preventing a street going through. A cul-de-sac is not an option in this case—anything else would be changing the goal post in this application. We are required to put that street through. As for circulation, there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kahle is that they will see a decrease in traffic. People who are cutting through Naeve down to Kable will now likely take Lady Marion. People on that street will see more traffic, but other streets in the area will see a decrease in traffic. And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time. We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however, the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions—understanding that if the zoning change does not go through, the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable;he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109th connection is unsafe—he thinks the very top of that hill is high and there will likely be people speeding down that road—it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic, the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all,he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns,but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney—Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts—this is as good a plan as we'll likely get on this property. He understands the concern about traffic—enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight." The motion was seconded by Commissioner Feeney. July 16,2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT The motion to approve the application passed 8— 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT—Housing Policy & Omnibus Changes PHASE III CODE AMENDMENT PROJECT—Apartment and Commercial Standards Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E) which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint (Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald July 16,2018 Page 9 of 9 City of Tigard August 27,2018 NOTICE TO AGENCIES, PUBLIC UTILITIES, ELECTRIC COOPERATIVES AND TELECOMMUNICATIONS CARRIERS OPERATING WITHIN THE CITY OF TIGARD, OREGON The following property was recently approved for annexation into the City of Tigard: Case Name and Number: Chase Annexation Case No. ZCA2018-00003 Property Owners: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Ti rd,OR 97223 Property Address and 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400) Legal Description: Ordinance Number: 2018-17 Effective Date of September 13,2021 (Please note this is a delayed annexation) Annexation: The following items are included with this letter: • City Council ordinance approving the proposed annexation • Legal description of the subject property • Surveyed map of the subject property Please feel free to contact me at (503) 718-2438 or LinaCS tigard-orgov should you have any questions. Sincerely, Lina Smith Assistant Planner Enclosures Copy: ZCA2018-00003 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- 1-7 — AN ORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY 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 Planning Commission held a public hearing on July 16,2018, and Tigard City Council held a public heating on August 14,2018,to consider the annexation of one (1)parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD,Tax Lot 9400, 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 July 16,2018 and.August 14,2018;and WHEREAS,pursuant to ORS 222.524,the Citymust declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Shetiff s 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 accordancewith 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 heating 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- 1-7 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTIO\'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 Sheriff s Patrol District, and Washington County Urban Road Maintenance District SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00003) 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: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. f PASSED: By 9,UyJll YJyexd- vote of all Council members present after being read by number and title only,this /Y�1' day of 2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this t I day of a2018. ��al V Approved as to form: Jo L.Cook,Mayor City A orney y i Certlfled to be a True Copy of Date Original on File By: Deputy Recorder-City Wf'n W ORDD,,TANCE No. 18-j-7 Date: Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4, Township 2 South,Range 1 West of the Willamette Meridian;being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also, being portions of Lots 23 and 24, Handy Acres, in Washington County, Oregon; and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59"West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991, Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02'16'21"West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87°43'39"West a distance of 120.87 feet,more or less,to a point of non-tangent curvature,also being the east line of that property by Document No. 2018- 013522,Washington County Deed Records; thence,along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°57'56" (chord bears South 12°49'23" West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16°18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991, South 87°43'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line,also being the east line of said Lot 23, South 02°16'21" West a distance of 475.54 feet,more or less,to the southwest corner of said Lot 24,also being on the north line of Tract A, Hillshire Woods; thence along the south line of said property, South 88°43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24, also being the southwest corner of Tract E,Hillshire Woods; thence along the west line of Lot 24 and the east line said Tracts E and F, Hillshire Woods,North 02'16'21"East a distance of 701.77 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. REGISTERED Area includes 2.408 acres,more or less. PROFESSIONAL SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: 2,/V 0 50' IW I_ I I TRACT F TRACT E SCALE:1"=100' HI LLSHIRE H I LLSH IRE WOODS WOODS N65'55'59"W 50.00' POINT OF BEGINNING w� NO2'16'21"E 701.77'± o SO2" 6'21"W 147.76' ILo 0 ?� LOT 24 0 HANDY ACRES •- BOOK 1099 87'43'39"W 120.87' DOCUMENT NO. w PAGE 991 2017-066363 u) • ih TRACT A ?$2s io bHILLSHIRE — — — — S02*16'21"W 475.54' N WOODS �8'21 7'43'39"E 21.37' S16'1W 87.70' w w R=125.00' LOT 23 N=w w X6'57'56" HANDY ACRES 0 j � O v L=15.20' DOCUMENT NO. CH.=15.19' 2018-013522 X� S12'49'23"W O J U CHASE PROPERTY - EXHIBIT B AM BY 8 9 2018 WESTLAKE FREASON CAJ �iTOVNISHIP 2 S., RANGE 1 W., W.M. CONSULTANTSLOCATED IN THE NORTHWEST 1/4 OF SECTION 4 ED BY GRA ETiGIN8�f2fNG ♦ SURVEYINGPLAxMNGWASHINGTON COUNTY, OREGON P15 ACDIIC CORPORATE CSNTn B 111. 111p7yPAttH1fAY. SUTIB 150 FAX (�504)6" 57 AFFIDAVIT OF MAILING TIGARD I,Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County, Oregon and that I served the following. {Check Appropriate Box(s)Below) ® NOTICE OF Decisions FOR: Lewis Annexation ZCA2018-00002 and Chase Annexation ZCA2018-00003 ❑ AMENDED NOTICE- ❑ City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof, August 20,2018 and deposited in the United States Mail on August 20,2018,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the ZZ- day ofA0 ,2018. OFFICIAL STAMP GLORIA NALLELY PINZON MARIN NOTARY PUBLIC-OREGON COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF O GO iN /� My Commission Expires: -7 _ l 1 / ^ WL/ 120 DAYS = N/A EXHIBIT A DATE FILED: August 14,2018 DATE MAILED: August 20,2018 CITY OF TIGARD Washington County, Oregon NO'T'ICE OF DECISIONS BY THE CITY COUNCIL Case Names and Numbers: LEWIS ANNEXATION (CASE NO. ZCA2018-00002) CHASE ANNEXATION (CASE NO. ZCA2018-00003) Applicants: John and Elizabeth A. Lewis 13990 SW Fern Street Tigard, OR 97223 City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Owners: John and Elizabeth A.Lewis 13990 SW Fern Street Tigard, OR 97223 Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard, OR 97223 Property Addresses and 13990 SW Fern Street (WCTM 2S104BD,Tax Lot 9300) Legal Descriptions: 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400) FINAL DECISIONS INCORPORATING THE FACTS, FINDINGS, AND CONCLUSIONS APPROVING TWO REQUESTS FOR ANNEXATION(ORDINANCE NOS 2018-16 AND 2018-17).TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANTS' MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORTS, AND THE PLANNING COMMISSION'S RECOMMENDATIONS FOR THE APPLICATIONS DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORTS. THE PLANNING COMMISSION HELD PUBLIC HEARINGS TO CONSIDER THESE APPLICATIONS ON JULY 16, 2018, AND UNANIMOUSLY RECOMMENDED APPROVAL TO CITY COUNCIL. THE CITY COUNCIL HELD PUBLIC HEARINGS ON AUGUST 14, 2018, PRIOR TO MAKING DECISIONS ON THESE REQUESTS. THESE DECISIONS HAVE BEEN BASED ON THE FACTS,FINDINGS,AND CONCLUSIONS CONTAINED WITHIN ORDINANCE NOS. 2018-16 AND 2018-17. REQUEST: The proposals are to annex two (2) parcels of land,located at 13990 SW Fern Street (WCTM 2S104BD, Tax Lot 9300) and 13992 SW Fern Street (WCTM 2S104BD, Tax Lot 9400), into the City of Tigard. The property owners of Tax Lot 9300 request to annex in order to connect to city sewer. The City of Tigard proposes a delayed annexation for Tax Lot 9400. Both parcels are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. CITY ZONE: R-7: Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard; Tigard Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes Chapter 222. ACTION: © Approval as Requested ❑Approval with Conditions 0 Denial FINAL DECISION: THESE ARE THE FINAL DECISIONS OF THE CITY. THE LEWIS ANNEXATION (ORDINANCE NO. 2018-16) IS EFFECTIVE UPON THE EFFECTIVE DATE OF ORDINANCE NO. 2018-16 (SEPTEMBER 13, 2018), AND FILING WITH THE OREGON SECRETARY OF STATE. THE CHASE ANNEXATION(ORDINANCE NO.2018-17)IS EFFECTIVE ON SEPTEMBER 13,2021. The adopted ordinances and findings of facts can be obtained from Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard, OR 97223,by calling at (503) 718-2438, or by e-mail to LinaCSktigard- or.gov. APPEAL: Reviews of these decisions may be obtained by filing Notices of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA), according to their procedures within 21 days after these decisions become final. The deadline to file Notices of Intent to Appeal with LUBA is September 4, 2018. QUESTIONS: If you have any questions, please contact Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard, OR 97223,by calling at (503) 718-2438, or by e-mail to LinaCS&tiaard-or.gov. R-25 (PD) R X4.5 Zoning Map C-C cn, R=25* `�OrGN y� Generalized Zoning Categories PR � KNISH R-12 (PD) ST � Zoning iecntion W �r�DSONG C''' NOkTHVIEW DR rFs Q Residential DR Mixed Use Residential v Commercial 1 R-7 S k'lixed Use R-7 W- '1'riangteMixed Use (PD') WALNUTM_ _ Mixed Ilse Employment R-25 tu (yKAR W ti € Parks and Recreation Q WA-CNTY r Overs v 7�ncs q: tl Aoric District Overlay ' R-7 ! Planned Development Overlay SuNcat Site WAW -P R-7(PD) MITCHELL N R-7 n 01, . �' MaD pnMed y 1945 AM on 13 Jun.15 R-7 (PD) LAUREN LN R-4.5 p ryr ®RIN � 52 cc LWHIN g� ilc 004< UUMMUN11Y UtVUUVMtNI UtVANIMM y MICHELLE CT MI erd W Q 4 1311 O dl ewd RotQ 597 6394171 � rwwD9vdcr gw 2S104BD06000 2S104131306200 EXHIBIT B AGUON,PAUL&EMILY ALBERTSON,BARRY 14105 SW MITCHELL CT 15445 SW 150TH AVE TIGARD OR 97223 TIGARD,OR 97224 2S104BD06300 2S104BD06700 ALLEY,BARRY A ANDERSON,KATHY J&JOSHUA D SELLERS,STEPHANIE K 13132 SW ASCENSION DR 13788 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S104131304400 2S104BC08500 ATKINS,RILEY J&MARCIA M ATTN:DONNY LEE 14050 SW KARLEY CT SECTOR HOUSING OFFICER TIGARD OR 97224 2185 SE 12TH PLACE WARRENTON,OR 97146 2S104BC08000 2S104BC08400 ATWOOD REVOCABLE TRUST BEILKE,SUSAN BY ATWOOD,JEFFREY P&B J TRS 11755 SW 114TH PLACE 13728 SW ROSY CT TIGARD,OR 97223 TIGARD OR 97223 2S104BC08300 2S104CB01600 BENETTI,MARCO A&SALLY A BOHAN FAMILY REVOCABLE TRUST 13650 SW FERN ST 14115 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104CA01600 2S104CB03200 BOLLIGER,ALEX&KATIE BONILLA,NACIA/STASNY,JAMIE 13725 SW FERN ST METROPOLITAN LAND GROUP,LLC TIGARD OR 97223 17933 NW EVERGREEN PARKWAY,SUITE 300 BEAVERTON,OR 97006 2S104CB03300 2S104CA01500 BUEHNER,GRETCHEN BUZZARD,STEPHEN M&HELEN S PO BOX 230268 14000 SW FERN ST TIGARD,OR 97281 TIGARD OR 97223 2S104CB01400 2S104CA01400 CADMAN,TIMOTHY B&HELEN X CAFFALL,REX 13141 SW ASCENSION DR 13205 SW VILLAGE GLENN TIGARD OR 97223 TIGARD,OR 97223 2S104CB03500 2S104CA05300 CARESS,ROBERT K&LOURDES M CAROL RENAUD 14150 SW FERN ST COUNTY ADMINISTRATIVE OFFICE TIGARD OR 97223 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S104CA01300 2S104BC08100 CASTLE,JAMES&JUDITH CHASE,ERIC M&SHELLEY M 14010 SW KARLEY CT HALE,SHARON S&WILLIAM K TIGARD OR 97223 13992 SW FERN ST TIGARD OR 97223 2S104BD02100 2S104CA02200 CHASE,ERIC M&SHELLEY M REV LI CITY OF TIGARD 13992 SW FERN ST ATTN:Lina Smith TIGARD OR 97223 13125 SW HALL BLVD. TIGARD,OR 97223 2S104BD01400 2S104CA03800 COCHELL,TIMOTHY E COLLINS,ERIC A&STASHA D 13800 SW FERN ST 13739 SW LAUREN LN TIGARD OR 97223 TIGARD OR 97223 2S 104CA03500 2S 104CA02100 CONNERY,STACY COOPER,RONALD W 12564 SW MAIN STREET ELAINE E TIGARD,OR 97223 14120 SW FERN ST TIGARD OR 97223 2S104CA03600 2S104CA02000 CRAGHEAD,ALEXANDER CURRY,STANFORD TAYLOR 12205 SW HALL BOULEVARD CURRY,PATRICIA DOMENGEAUX TIGARD,OR 97223-6210 13107 SW ASCENSION DR TIGARD OR 97223 2S104BD02000 2S104BD04200 DAVIS,JENNIFER C DAWOODBHAI,YUSUF&INSIYA BOYLAN,JASON D 13083 SW ASCENSION DR 13058 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 multiple:2S104CA01800 to 2S104CA01900 2S104BD04900 DAYAL,NIMESH R&JAISHREE G DEFILIPPIS,VICTOR 13763 SW ROSY CT 13892 SW BRAYDON CT TIGARD OR 97223 TIGARD,OR 97224 2S104BD04300 2S104BD04700 DYCHES,RONALD S&SUZETTE M ENDICOTT,BRUCE T& 13784 SW FERN ST ENDICOTT,DIANA BRONDER TIGARD OR 97223 13154 SW ASCENSION DR TIGARD OR 97223 2S 104BD05000 2S 104BD04600 ENGVALL,ANN FARGO,ROLPH E 15461 SW 82 PL 13165 SW ESSEX DR TIGARD,OR 97224 TIGARD OR 97223 2S104BD07100 2S104BDO4500 FROUDE,BEVERLY GARCIA,JOE J&CARMEN 12200 SW BULL MOUNTAIN ROAD 13268 SW BUCKFIELD LN TIGARD,OR 97224 TIGARD OR 97223 2S104BDO6900 2S104BD06600 GIBSON,ALEXIS&NATHANIEL GONZALEZ,RENE G&JULIE A 13665 SW FERN ST 14065 SW KARLEY CT TIGARD OR 97223 TIGARD OR 97223 2S 104BD05900 2S 104BD09200 GUSTAFSON,KRISTEN&WILLIAM HADLEY,BONNIE CHAIR CPO 4B 12665 SW 138TH AVE 16200 SW PACIFIC HWY SUITE H BOX 242 TIGARD OR 97223 TIGARD,OR 97224 2S 104BD09300 2S 104BD09400 HAIMA,CHAD M&NATALIE E HAMILTON,LISA CPO 4B VICE CHAIR 13188 SW ASCENSION DR 13565 SW BEEF BEND ROAD TIGARD OR 97223 TIGARD,OR 97224 2S104BCO2300 2S104BC09200 HANSEN,BARBARA L REVOCABLE TRUS HARBECK,ROBERT&LAURA 13672 SW LAUREN LN 13110 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S104BC09100 2S104BCO2200 HERING,J. BLAKE. HINDMAN,GAVIN D NORRIS BEGGS&SIMPSON 14125 SW MITCHELL CT 121 SW MORRISON,SUITE 200 TIGARD OR 97223 PORTLAND,OR 97204 2S104BC09000 2S104BC00500 HOFER,DAVID P& HOFFER,SPENCER J& KIMBERLEY M HOFFER,DANA L 13096 SW OXALIS TERR 13709 SW MICHELLE CT TIGARD OR 97223 TIGARD OR 97223 2S104BC08800 2S104BC08700 HOFFMAN,PAUL RUSSELL HOGAN,KEVIN 13985 SW FERN ST 14357 SW 133RD AVENUE TIGARD OR 97223 TIGARD,OR 97224 2S104BC08600 2S104BC00600 HOHNBAUM,MICHAEL LEE&KARI ROC HOLTHAUS,ROBERT A 14160 SW FERN ST 2348 SW 119TH PL TIGARD OR 97223 PORTLAND OR 97225 2S104BC07900 2S104BC01800 HOWLAND,HAROLD AND RUTH HUME,DAVID T&KRISTA R 13145 SW BENISH 12950 SW OXALIS TER TIGARD,OR 97223 TIGARD OR 97223 2S104BC01700 2S104BD05100 HUNT,DANA J&BARBARA D JAHANGIRI,PARVIZ 13101 SW ESSEX DR NISHIHARA,SHARON TIGARD OR 97223 2900 SW RALEIGHVIEW DR PORTLAND OR 97225 2S104131306100 2S 104BD07000 K5 URBAN PROPERTIES&MANAGEMENT KAPLAN,DANIEL&ALLA PO BOX 25571 12774 SW 138TH AVE PORTLAND OR 97239 TIGARD OR 97223 multiple:2S104BC00300 to 2S104BC00400 2S104BC08900 KIM,JOHN&JOYCE KIMMEL,DAVID 17975 SW JEREMY ST 1335 SW 66TH SUITE 201 BEAVERTON OR 97007 PORTLAND,OR 97225 2S 104CB03000 2S 104BD04800 KNAPP,MONA LAMB FAMILY SURVIVOR TRUST 9600 SW FREWING STREET BY LAMB,BENJAMIN C TR TIGARD,OR 97223 13770 SW FERN ST TIGARD OR 97223 2S104BD01900 2S104BD06400 LAYMAN,JOHN P LEWIS,JOHN ELIZABETH A JOHNSON,JOANIE M 13990 SW FERN 13084 SW ASCENSION DR TIGARD OR 97223 PORTLAND OR 97223 2S104CB02900 2S104BD01600 LIAO FAMILY TRUST LISA HAMILTON,CPO 4B VICE-CHAIR BY LIAO,FRANK H&CATHY L TRS 16200 SW PACIFIC HWY SUITE H BOX 242 12701 SW 138TH AVE TIGARD,OR 97224 TIGARD OR 97223 2S104BC08200 2S104CB01500 LOESCHE,JOSH&JENNIFER N LONG,JIM CHAIR,CPO 4M 14065 SW FERN ST 10730 SW 72ND AVE TIGARD OR 97223 PORTLAND,OR 97223 2S104BC01900 2S104CB03400 MARCH,HENRY J&VICKI G MCALLISTER,KELLEY&WILLIAM 13711 SW LAUREN LN 13752 SW ROSY CT TIGARD OR 97223 TIGARD OR 97223 2S104BCO2401 2S104CA03700 MCCABE,WILLIAM M&SARAH C MCGEE,ELIZABETH A 13188 SW ESSEX DR 13829 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104CB02800 2S104CB03100 MEINSCHEIN,SUSAN G TRUST MENSAH,TETE 13653 SW LAUREN LN 12687 SW 138TH AVE TIGARD OR 97223 PORTLAND OR 97223 2S104BD06500 2S104BCO2100 MILDREN,GENE MISKOVIC,JASON&DANIELLE MILDREN DESIGN GROUP 14085 SW KARLEY CT 7650 SW BEVELAND ST,STE 120 TIGARD OR 97223 TIGARD,OR 97223 2S104BD05200 2S104BC00200 MITCHELL,MICHAEL S MONTGOMERY,DIANA L MITCHELL,UTE G 13774 SW ROSY CT 12739 SW 138TH AVE TIGARD OR 97223 TIGARD OR 97223 MURDOCK,NATHAN AND ANN NASER,MOHAMED&LINDA 7415 SW SPRUCE STREET 13197 SW ESSEX DR TIGARD,OR 97223 TIGARD OR 97223 NATHANSON,CAROL R NEAL BROWN. GRI 13667 SW MICHELLE CT MEADOWS INC REALTORS TIGARD OR 97223 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 NIEDERMEYER,SHARNELLE M&LUKE O'BILLOVICH,ANTHONY R&FAITH N 12621 SW 138TH AVE 12990 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97224 ORTIZ,JOANA PHELPS,STEPHEN W&SUSAN D REV 12755 SW 138TH AVE 99 KATHLEEN CT TIGARD OR 97223 PACIFICA CA 94044 PLATER,SUZANNE L&ALONZO PRESJAK,MATTHEW G&CATHI 14030 SW KARLEY CT 13687 LAUREN LN TIGARD OR 97223 TIGARD OR 97223 PURINTON,GARY L&VIOLETA J ROGERS,KATE 13830 SW WALNUT LN 9527 SW BROOKLYN LN TIGARD OR 97223 TIGARD,OR,97224 RORMAN,SUE ROSENBLOOM,TRENT R&MINELBA B 11250 SW 82ND AVE 13749 SW FERN ST TIGARD,OR 97223 TIGARD OR 97223 ROY,SHUBHRO&MITALI RUEDY,ROBERT 13745 SW ROSY CT 14185 SW 100TH AVENUE TIGARD OR 97223 TIGARD,OR 97224 RUNYON,ANTHONY J SORENSON,BRYAN&STACY A 14040 SW FERN ST 12955 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 SUH,SOON YOUNG&DUK WON SUNDBERG,ROSS SUH,DONG CHOON 16382 SW 104TH AVE 13995 SW FERN ST TIGARD,OR 97224 TIGARD OR 97223 TAI,JED&ARONA TENNEY,SUZANNE R&GRAYSON A 13790 SW ROSY CT PO BOX 4017 TIGARD OR 97223 BEAVERTON OR 97075 TSAI,BORMING VONDRACHEK,JENNIFER L CHANG,SHURLING 13720 SW FERN ST 12995 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 WAKEM,LYNN R&GRETCHEN L WALTERMIRE,ROBERT P&ROSAMARIA 12970 SW OXALIS TER 13133 SW ESSEX DR PORTLAND OR 97223 TIGARD OR 97223 WATTS LIVING TRUST WEGENER,BRIAN BY WATTS,MICHELLE TR 9830 SW KIMBERLY DRIVE 13092 SW ASCENSION DR TIGARD,OR 97224 TIGARD OR 97223 WHITE,LOWELL WILLIAMS LIVING TRUST 13694 SW LAUREN LN BY WILLIAMS,DONNEL&STEPHANIE S T TIGARD OR 97223 13865 SW FERN ST TIGARD OR 97223 Pamptin MediaGroup 6605 SE Lake Road, Portland,OR 97222 PO Box 22109 Portland,OR 97269-2169 Phone: 503-684-0360 Fax: 503-620-3433 E-mail: legals@commnewspapers.com AFFIDAVIT OF PUBLICATION State of Oregon,County of Washington,SS I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting PUBLIC HEARING ITEM Manager of the The Times, a newspaper of general circulation, serving Bvtn/Tigard/ Tualatin/Sherwood in the aforesaid county and state, as defined by ORS 193.010 and These applications will be processed through Type III-Modified 193.020,that Procedures.City Council will make the final decisions on these City of Tigard appllications, with recommendations from Planning Commis- PUBLIC HEARING ITEMS: LEWIS ANNEXATION (CASE NO. ZCA2018- Tigard Planning Commission will conduct public hearings 00002) on these applications beginning at 7:00 p.m.-on Monday,July CHASE ANNEXATION (CASE NO. 16,2018.Tigard City Council will conduct public hearings on ZCA2018-00003) these applications beginning at 7:30 p.m.an 7hesday,August QUASI-JUDICIAL ANNEXATIONS 14,2018.The hearings will be located in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd., Tigard, Oregon Ad#: 54448 97223. Anyone wishing to present written testimony on the proposed A copy of which is hereto annexed,was actions may do so by sending it to Lina Smith,Assistant planner published in the entire issue of said in the.City of Tigard PDivision, 13125 SW 134H Blvd., newspaper(s)for 2 week(s) in the Tigard,OR 9722 ,or L�gtigard-ocgov,Include the Case following issue(s): ID Numbers(outlined below).Anyone wishing to present oral 06/28/2018,07/05/2018 testimony may do so at the hearings. C LEWIS ANNEXATION(CASE NO.ZCA2R018-00902) CHA$1 AEKl�TI(111(�E NO.2'CA18j03) Charlotte Allsop(Accounting Manager) REQUEStTS: s a�til`ann�sk t't�ici'(2Y'f&ce1s of I land)lmW of 11990 SWFern Street(ViICTM 2S104BD,Tax Subscribed and sworn to before me this Lot 9300)and 13992 SW Fern Street(W I2i[25204 1F),Tax 07/05/2018. Lot 9400),Tato the City of Tigard The=praipCt1y,dwiYM of Tax 1 Lot 9300 request to annex in order to connect to city sewer.The City of Tigard proposes_a delayed annexation for Tax Lot 9400. Both parcels are"islands"of unincorporated land that are com- pletely surrounded by land in the City of Tigard jurisdiction. NOTARY PUBLIC FOR OR ON LOCATIONS: 13990 SW Fern Street (WCTM 2SI04BD, Tax Lot 9300)and 13992 SW Fern Street(WC'fM 2S104BD, - Tax Lot 9400). COUNTY ZONE: R-6: Residential, 5 units/ S acre minimum density, 6 unitslacre maximum density. CITY ZONE:R-7:Medium-Density Residential Zone. APPLICABLE•REVEW CPUTERTA: The approvai.star- dards for mations are described in 18.710 and Acct#: 107839 18.720 of the Community Development Code of the City of Attn: Joe Patton Tigard;Tigard Comprehensive Plan Goal 1,Goal 11,Goal 12, TIGARD, CITY OF and Goal 4; Metro Code Chapter 3.09; and Oregon Revised COMMUNITY DEVELOPMENT Statutes Chapter 222. 13125 SW HALL BLVD TIGARD, OR 97228 " Pamplin edia.Group 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland,OR 97269-2169 Phone: 503-684-0360 Fax: 503-620-3433 E-mail: legals@commnewspapers.com AFFIDAVIT OF PUBLICATION State of Oregon,County of Washington,SS I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting PUBLIC HEARING ITEMS• Manager of the The Times, a newspaper of general circulation, serving Bvtn/Tigard/ Tualatin/Sherwood in the aforesaid county and state, as defined by ORS 193.010 and These applications will be processed through Type 111-Modified 193.020,that Procedures.City Council will make the final decisions on these applications, with recommendations from Planning Commis- City of Tigard Sion. PUBLIC HEARING ITEMS: LEWIS ANNEXATION (CASE NO. ZCA2018- Tigard Planning Commission will conduct public hearings 00002) on these apppglications beginning at 7:00 pap.on Monday,July CHASE ANNEXATION (CASE NO. 16,2018.Tigard City Council will conduct public hearings on ZCA2018-00003) these applications beginning at 7:30 pm.on Taesday,Augguust QUASI-JUDICIAL ANNEXATIONS 144 2018.The hearings will be located in the Town Hall ofthe Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon Ad#: 54448 97223. Anyone wishing to present written testimony on the proposed A copy of which is hereto annexed,was actions may do so by sending it to Lina Smith,Assistant Planner published in the entire issue of said in the City of Tigard Plannin Division, 13125 SW Hall Blvd., newspaper(s)for 2 week(s) in the Tigard,.OR 97223,or LinaC�(a�tigsrd=orgov Include the Case following issue(s): ID Numbers_(outlahed,below).Anyone wiibing to present oral 06/28/2018, 07/05/2018 testimony maty do so at the hearings. LEWIS ANNI XATION CASE NO. A2019-achmb-�4 C" 3) OD2) Charlotte Allsop (Accountin Manager) REQUESTS: The proposals are to annex t*o (2) parcels of land,located at 13990 SW Fern Street.(WC ki 2S I04BD,Tax Subscribed and sworn to before me this Lot 9300)and 13992 SW Fein Street(WOU 29I049D,Tax 07/05/2018. Lot 9400),into the City of Tigard.The .o�xneis of Tax Lot 9300 request to annex in order to connect to city sewer.The City of Tigard proposes a delayed annexationfttr Tax Lot 9400. Both parcels are"islands"of unincorporated land that are com- pletely surrounded by land in the City of Tigard jurisdiction. NOTARY PUBLIC FOR OR ON LOCATIONS: 13990 SW Fern Street (WCTM 2S104BD, Tax Lot 9300)and 13992 SW Fern Street(WCTM 2S104BD, Tax Lot 9400). COUNTY ZONE: R-6: Residential, 5 units/ acre minimum density, 6 units/acre maximum density. CITY ZONE-R-7:Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: The approval stan- dards for annexations are described in Chapters 18.710 and Acct#: 107839 18.720 of the Community Development Code of the City of j Attn: Joe Patton Tigard;Tigard Comprehensive Flan Goal 1,Goal 11,Goal 12, 1 TIGARD, CITY OF and Goal 14; Metro Code Chapter 3.09; and Oregon Revised COMMUNITY DEVELOPMENT Statutes Chapter 222. 13125 SW HALL BLVD TIGARD, OR 97228 Pamaplin,. MediaGroup1PL: 6605 SE Lake Road, Portland, OR 97222 PO Box 22109, Portland OR 97269 Phone: 971-204-7707 Fax: (971) 204-7702 Email: accounting@pamplinmedia.com INVOICE Account: 107839 Date: 07/05/18 Ad Date: 06/28/18 PUBLIC HEARING ITEMS: Name: Class: 1202 Company: TIGARD CITY OF Ad ID: 54448 eseapplicarions will be processed through Type III-Modifier s procedures.City Council will make the final decisions on these Ad Taker: CALLSOP plications,with recommendations from Planning Commis ion Attn: Joe Patton PO#: J. Patton igard Planning Commission will conduct public hear ng Address: COMMUNITY DEVELOPMENT Words: 417 ntheseapplicationsbeg inninga[7:OOp.m.o.Monday,Jul 6,2018.Tigard City Council will conduct public hearings o 13125 SW HALL BLVD Lines: 61ese applications beginning m 7:30 p.m.on Tuesday,Angus 11,11ard ,2018.The hearings will be located in the Town Hall of th Telephone: TIGARD, OR 97228 Agate Lines: 77 2Civic Center at 13125 SW Hall Blvd,Tigard,Orego Description: (503)718-2491 Depth: 8.472nyone wishing[o present written testimony on the propose PUBLIC HEARING ITEMS: These appli Inserts: 2 tionsmay do sobysending it to Lina Smith,Assistant Plarmc n the City of Tigard Planning Division,13125 SW Hall Blvd. cat Blind BOX: Tigard,OR 97223,or LinaCS@atigardorgov.Include the C D Numbers(outlined below).Anyone wishing to present o stimony may do so at the hearings. LEWIS ANNEXATION CASE NO.Discount: $0.00 Gross: $282.96 CHASE ANNEXATION(CASE NO.CA2018-00003) Surcharge: $0.00 QUASI-JUDICIALANNEXATIONS REQUESTS:The proposals are to annex two(2)parcels at Credits: $0.00 Paid Amount: - $0.00 and,located at 13990 SW Fort Street(WCTM 251048D,To Bill De the 8,472 t 9300)and 13992 SW Fern Street(WCTM 2SI04BD,T p t 9400),into the City of Tigard The property owners of T Amount Due: $282.96 t 9300 request to annex in order to connect to city sewer.Th it),of Tigard proposes a delayed annexation for Tax Lot 9400 nth parcels are"islands"of unincorporated land that are coni letely surrounded by land in the City of Tigard jurisdiction Package Start Stop Cost OCATIONS: 13990 SW Fem Street(WCTM 2SI04BD ax Lot 9300)and 13992 SW Fern Street(WCTM 2S104BD ax Lot 9400).COUNTY ZONE:R-6:Residential,5 units The Times Legals 06/28/18 07/05/18 $28p cre minimum density,6 units/acre maximum density.CIT 2.96 ONE:R-7:Medium-Density Residential Zone. PPLICABLE REVIEW CRITERIA:The approval star ards for annexations are described in Chapters 18.710 an I8 720 of the Community Development Code of the City o igard,Tigard Comprehensive Plan Goal 1,Goal U,Goaf 12 d Goal 14;Metro Code Chapter 3.09,and Oregon Revise Statutes Chapter 222. The staff reports and recommendations will be available fo ublic review at leas[15 days prior to the Planning Commis ;,On public hearings.Additionally,copies of the applications ocuments,and evidence considered will be contained in IN ublic record,and available for public review Ifyou would lik review these materials at no cost,please contact Lma Smith ssistant Planner al(503)718-2438 or LinaCS(a)tigardor.gov f you wrsh to receive copies of the materials,city staff wil repave them for you at a reasonable cost. bhsh June 28,July 5,2018 TT5444 We Appreciate Your Business! AFFIDAVIT OF MAILING I,Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County,Oregon and that I served the following. {Check Appropriate Box(s)Below) N NOTICE OF Tie III Modified Procedures Public Hearing FOR: Lewis Annexation ZCA2018-00002 and Chase Annexation ZCA2018-00003 ❑ AMENDED NOTICE- ❑ City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer N Tigard Planning Commission N Tigard City Council 'A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof,June 25,2018 and deposited in the United States Mail on June 25,2018,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) / Subscribed and sworn/affirmed before me on the Z day of 2018. =COMMISSION L STAMP Y PINZON MARIN LIC-OREGON N NO.967913 CTOBER 17,2021 NOTARY PUBLIC OFRjjEGON My Commission Expires: lb - i- 2� r Notice of Public Hearings — 'Type III-Modified Quasi-judicial Annexations EXHIBIT A Lewis Annexation (Case No. ZCA2018-00002) Chase Annexation (Case No. ZCA2018-00003) Tigard Community Development Contact Information Date of Notice: Monday,June 25,2018 120 days = N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov These applications will be processed through Type III-Modified Procedures. City Council will make the final decisions on these applications,with recommendations from Planning Commission. PLANNING COMMISSION will conduct public hearings on these applications beginning at 7:00 p.m. on Monday,July 16,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. CITY COUNCIL will conduct public hearings on these applications beginning at 7:30 p.m. on Tuesday,August 14,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. Anyone wishing to present written testimony on the proposed actions may do so by sending it to Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCS& gatd-or.gov- Include the Case ID Numbers (outlined above).Anyone wishing to present oral testimony may do so at the hearings. Information About the Applications Description of the Applications: The proposals are to annex two (2)parcels of land,located at 13990 SW Fern Street (WCTM 2S104BD,Tax Lot 9300) and 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400),into the City of Tigard.The property owners of Tax Lot 9300 request to annex in order to connect to city sewer. The City of Tigard proposes a delayed annexation for Tax Lot 9400. Both parcels are"islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. Applicants: John and Elizabeth A. Lewis 13990 SW Fern Street Tigard, OR 97223 City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Property Owners: John and Elizabeth A. Lewis 13990 SW Fern Street Tigard, OR 97223 Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard, OR 97223 City of Tigard,Community Development Division-13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 1 of 3 Property Addresses and 13990 SW Fern Street (WCTM 2S104BD,Tax Lot 9300) Legal Descriptions: 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400) County Zone: R-6: Residential, 5 units/acre minimum density,6 units/acre maximum density City Zone: R-7: Medium-Density Residential Zone Applicable Review The approval standards for annexations are described in Chapters 18.710 and 18.720 of Criteria: the Community Development Code of the City of Tigard;Tigard Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes Chapter 222. What You Should Know About These Type III-Modified Applications The proposals require quasi-judicial Type III-Modified land use reviews, and public hearings before Planning Commission and City Council. The goal of this notice is to invite interested parties to participate early in the review process by submitting comments in writing during the open comment period or through oral testimony at the public hearings. The Community Development Department will be making recommendations to Planning Commission on these proposals;our staff reports and recommendations will be available for public review at least 15 days prior to the Planning Commission public hearings. City Council will make the final decisions on these applications, after considering the recommendations from Planning Commission. City Council's decisions and Planning Commission's recommendations will be made after consideration of relevant evidence and public comments received during the open comment period and at the hearings. City Council's decisions will be mailed to the applicants and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: copies of the applications, documents, and evidence considered will be contained in the public record,and available for public review. If you would like to review these materials at no cost,please contact Lina Smith,Assistant Planner at (503) 718-2438 or LinaCS&tiga�gov. If you wish to receive copies of the materials, city staff will prepare them for you at a reasonable cost. Public Comment and Hearing Process Information The public hearings on these applications will be conducted in accordance with the Tigard Development Code, Chapter 18.710 and rules of procedure adopted by the Tigard City Council,which are available online or by request at City Hall. At the hearings, City Council and Planning Commission will receive staff report presentations from the city planner, open the public hearings, and invite both oral and written testimony. City Council and Planning Commission may continue the public hearings into additional meetings in order to obtain more information or may close the public hearings and take action on the applications. If evidence in support of the applications is submitted less than seven days prior to the public hearings, any party is entitled to request a continuance of the hearings. If there is no continuance granted at the hearings, any participant in attendance may request that the record remain open for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding the proposals, either in person or in writing prior to the close of the public hearings, or failure to provide testimony or sufficient evidence to allow City Council or Planning Commission to respond to the issue,precludes an appeal to the Land Use Board of Appeals based on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the applicable City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 2 of 3 review criteria are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.710. There is a fee charged for appeals. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Assistive Listening Devices and Interpreters: Assistive listening devices are available by request. The city will also endeavor to arrange for a qualified sign language and bilingual interpreters upon request. Please call 503-639-4171,extension 2438 (voice) or 503-684-2772 (TDD—Telecommunications Device for the Deaf). Please make these arrangements at least one week prior to the public hearings. Zoning Map �rqR R-25 (PD) C-C , - . .. Q< _ , ,. R14.5 Zoning Map PRGeneralized Zoning Categories i I I ENISH R-12 (PD) ' ' ST . . ( /onine Description N �tNOSONG Ct ORTH►/(EW DA p� Q Revidcntial �. m .MARCIA DR �✓. i Q I I Mixed Use Residential Commercial . Mixed tae R.-7 _ (PD) WALNUT LN Triangle Mixed Usc Mixed Use brkplo}ment i _, r t ! I .. r- i R-25 L Industrial w w i Parka and Rurcation Q; - ..m+l iw• Overlay/ones Historic District Overlav Z R-7 �+ Im i I V']'fanned Mvelopment Cherlav a' I-r I Subiect Site Pk R-7(PD) ate-.! - MIT CHErL 1 I . ev R-7 09 R-7-(PD) — `LAUREN LN A;` 1h/HItEA, OO WMMUNiIY UtVtLLx'MtMI Ul1•AH,MHNI h, MICHELLQ w: O C ,a,la swTr�e;ve a ti.t 334lJ Ti<A 'Myr3 . a,n.onerxz3 `ttttr• as n0 L—L =- q City of Tigard,Community Development Division 13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 3 of 3 2S104BD06000 2S104BD06200 EXHIBIT B AGUON,PAUL&EMILY ALBERTSON,BARRY 14105 SW MITCHELL CT 15445 SW 150TH AVE TIGARD OR 97223 TIGARD,OR 97224 2S 104BD06300 2S 104BD06700 ALLEY,BARRY A ANDERSON,KATHY J&JOSHUA D SELLERS,STEPHANIE K 13132 SW ASCENSION DR 13788 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S104BD04400 2S104BC08500 ATKINS,RILEY J&MARCIA M ATTN:DONNY LEE 14050 SW KARLEY CT SECTOR HOUSING OFFICER TIGARD OR 97224 2185 SE 12TH PLACE WARRENTON,OR 97146 2S104BC08000 2S104BC08400 ATWOOD REVOCABLE TRUST BEILKE,SUSAN BY ATWOOD,JEFFREY P&B J TRS 11755 SW 114TH PLACE 13728 SW ROSY CT TIGARD,OR 97223 TIGARD OR 97223 2S104BC08300 2S104CB01600 BENETTI,MARCO A&SALLY A BOHAN FAMILY REVOCABLE TRUST 13650 SW FERN ST 14115 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104CA01600 2S104CB03200 BOLLIGER,ALEX&KATIE BONILLA,NACIA/ STASNY,JAMIE 13725 SW FERN ST METROPOLITAN LAND GROUP,LLC TIGARD OR 97223 17933 NW EVERGREEN PARKWAY,SUITE 300 BEAVERTON,OR 97006 2S104CB03300 2S104CA01500 BUEHNER,GRETCHEN BUZZARD,STEPHEN M&HELEN S PO BOX 230268 14000 SW FERN ST TIGARD,OR 97281 TIGARD OR 97223 2S104CB01400 2S104CA01400 CADMAN,TIMOTHY B&HELEN X CAFFALL,REX 13141 SW ASCENSION DR 13205 SW VILLAGE GLENN TIGARD OR 97223 TIGARD,OR 97223 2S104CB03500 2S104CA05300 CARESS,ROBERT K&LOURDES M CAROL RENAUD 14150 SW FERN ST COUNTY ADMINISTRATIVE OFFICE TIGARD OR 97223 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S104CA01300 2S104BC08100 CASTLE,JAMES&JUDITH CHASE,ERIC M&SHELLEY M 14010 SW KARLEY CT HALE,SHARON S&WILLIAM K TIGARD OR 97223 13992 SW FERN ST TIGARD OR 97223 2S 104BD02100 2S 104CA02200 CHASE,ERIC M&SHELLEY M REV LI CITY OF TIGARD 13992 SW FERN ST ATTN:Lina Smith TIGARD OR 97223 13125 SW HALL BLVD. TIGARD,OR 97223 2S104BD01400 2S104CA03800 COCHELL,TIMOTHY E COLLINS,ERIC A&STASHA D 13800 SW FERN ST 13739 SW LAUREN LN TIGARD OR 97223 TIGARD OR 97223 2S 104CA03500 2S 104CA02100 CONNERY,STACY COOPER,RONALD W 12564 SW MAIN STREET ELAINE E TIGARD,OR 97223 14120 SW FERN ST TIGARD OR 97223 2S 104CA03600 2S 104CA02000 CRAGHEAD,ALEXANDER CURRY,STANFORD TAYLOR 12205 SW HALL BOULEVARD CURRY,PATRICIA DOMENGEAUX TIGARD,OR 97223-6210 13107 SW ASCENSION DR TIGARD OR 97223 2S104BD02000 2S104BD04200 DAVIS,JENNIFER C DAWOODBHAI,YUSUF&INSIYA BOYLAN,JASON D 13083 SW ASCENSION DR 13058 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 multiple:2S104CA01800 to 2S104CA01900 2S104BD04900 DAYAL,NIMESH R&JAISHREE G DEFILIPPIS,VICTOR 13763 SW ROSY CT 13892 SW BRAYDON CT TIGARD OR 97223 TIGARD,OR 97224 2S104BD04300 2S104BD04700 DYCHES,RONALD S&SUZETTE M ENDICOTT,BRUCE T& 13784 SW FERN ST ENDICOTT,DIANA BRONDER TIGARD OR 97223 13154 SW ASCENSION DR TIGARD OR 97223 2S104BD05000 2S104BD04600 ENGVALL,ANN FARGO,ROLPH E 15461 SW 82 PL 13165 SW ESSEX DR TIGARD,OR 97224 TIGARD OR 97223 2S104BD07100 2S104BD04500 FROUDE,BEVERLY GARCIA,JOE J&CARMEN 12200 SW BULL MOUNTAIN ROAD 13268 SW BUCKFIELD LN TIGARD,OR 97224 TIGARD OR 97223 2S104BD06900 2S104BD06600 GIBSON,ALEXIS&NATHANIEL GONZALEZ,RENE G&JULIE A 13665 SW FERN ST 14065 SW KARLEY CT TIGARD OR 97223 TIGARD OR 97223 2S 104BD05900 2S 104BD09200 GUSTAFSON,KRISTEN&WILLIAM HADLEY,BONNIE CHAIR CPO 4B 12665 SW 138TH AVE 16200 SW PACIFIC HWY SUITE H BOX 242 TIGARD OR 97223 TIGARD,OR 97224 2S 104BD09300 2S 104BD09400 HAIMA,CHAD M&NATALIE E HAMILTON,LISA CPO 4B VICE CHAIR 13188 SW ASCENSION DR 13565 SW BEEF BEND ROAD TIGARD OR 97223 TIGARD,OR 97224 2S104BCO2300 2S104BC09200 HANSEN,BARBARA L REVOCABLE TRUS HARBECK,ROBERT&LAURA 13672 SW LAUREN LN 13110 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S104BC09100 2S104BCO2200 HERING,J.BLAKE. HINDMAN,GAVIN D NORRIS BEGGS&SIMPSON 14125 SW MITCHELL CT 121 SW MORRISON,SUITE 200 TIGARD OR 97223 PORTLAND,OR 97204 2S104BC09000 2S104BC00500 HOFER,DAVID P& HOFFER,SPENCER J& KIMBERLEY M HOFFER,DANA L 13096 SW OXALIS TERR 13709 SW MICHELLE CT TIGARD OR 97223 TIGARD OR 97223 2S104BC08800 2S104BC08700 HOFFMAN,PAUL RUSSELL HOGAN,KEVIN 13985 SW FERN ST 14357 SW 133RD AVENUE TIGARD OR 97223 TIGARD,OR 97224 2S104BC08600 2S104BC00600 HOHNBAUM,MICHAEL LEE&KARI ROC HOLTHAUS,ROBERT A 14160 SW FERN ST 2348 SW 119TH PL TIGARD OR 97223 PORTLAND OR 97225 2S104BC07900 2S104BC01800 HOWLAND,HAROLD AND RUTH HUME,DAVID T&KRISTA R 13145 SW BENISH 12950 SW OXALIS TER TIGARD,OR 97223 TIGARD OR 97223 2S104BC01700 2S104BD05100 HUNT,DANA J&BARBARA D JAHANGIRI,PARVIZ 13101 SW ESSEX DR NISHIHARA,SHARON TIGARD OR 97223 2900 SW RALEIGHVIEW DR PORTLAND OR 97225 2S104BD06100 2S104BD07000 K5 URBAN PROPERTIES&MANAGEMENT KAPLAN,DANIEL&ALLA PO BOX 25571 12774 SW 138TH AVE PORTLAND OR 97239 TIGARD OR 97223 multiple:2S104BC00300 to 2S104BC00400 2S104BC08900 KIM,JOHN&JOYCE KIMMEL,DAVID 17975 SW JEREMY ST 1335 SW 66TH SUITE 201 BEAVERTON OR 97007 PORTLAND,OR 97225 2S104CB03000 2S104BD04800 KNAPP,MONA LAMB FAMILY SURVIVOR TRUST 9600 SW FREWING STREET BY LAMB,BENJAMIN C TR TIGARD,OR 97223 13770 SW FERN ST TIGARD OR 97223 2S 104BD01900 2S 104BD06400 LAYMAN,JOHN P LEWIS,JOHN ELIZABETH A JOHNSON,JOANIE M 13990 SW FERN 13084 SW ASCENSION DR TIGARD OR 97223 PORTLAND OR 97223 2S104CB02900 2S104BD01600 LIAO FAMILY TRUST LISA HAMILTON,CPO 4B VICE-CHAIR BY LIAO,FRANK H&CATHY L TRS 16200 SW PACIFIC HWY SUITE H BOX 242 12701 SW 138TH AVE TIGARD,OR 97224 TIGARD OR 97223 2S104BC08200 2S104CB01500 LOESCHE,JOSH&JENNIFER N LONG,JIM CHAIR,CPO 4M 14065 SW FERN ST 10730 SW 72ND AVE TIGARD OR 97223 PORTLAND,OR 97223 2S104BC01900 2S104CB03400 MARCH,HENRY J&VICKI G MCALLISTER,KELLEY&WILLIAM 13711 SW LAUREN LN 13752 SW ROSY CT TIGARD OR 97223 TIGARD OR 97223 2S104BCO2401 2S104CA03700 MCCABE,WILLIAM M&SARAH C MCGEE,ELIZABETH A 13188 SW ESSEX DR 13829 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104CB02800 2S104CB03100 MEINSCHEIN,SUSAN G TRUST MENSAH,TETE 13653 SW LAUREN LN 12687 SW 138TH AVE TIGARD OR 97223 PORTLAND OR 97223 2S104BD06500 2S104BCO2100 MILDREN,GENE MISKOVIC,JASON&DANIELLE MILDREN DESIGN GROUP 14085 SW KARLEY CT 7650 SW BEVELAND ST,STE 120 TIGARD OR 97223 TIGARD,OR 97223 2S104BD05200 2S104BC00200 MITCHELL,MICHAEL S MONTGOMERY,DIANA L MITCHELL,UTE G 13774 SW ROSY CT 12739 SW 138TH AVE TIGARD OR 97223 TIGARD OR 97223 MURDOCK,NATHAN AND ANN NASER,MOHAMED&LINDA 7415 SW SPRUCE STREET 13197 SW ESSEX DR TIGARD,OR 97223 TIGARD OR 97223 NATHANSON,CAROL R NEAL BROWN. GRI 13667 SW MICHELLE CT MEADOWS INC REALTORS TIGARD OR 97223 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 NIEDERMEYER,SHARNELLE M&LUKE O'BILLOVICH,ANTHONY R&FAITH N 12621 SW 138TH AVE 12990 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97224 ORTIZ,JOANA PHELPS,STEPHEN W&SUSAN D REV 12755 SW 138TH AVE 99 KATHLEEN CT TIGARD OR 97223 PACIFICA CA 94044 PLATER,SUZANNE L&ALONZO PRESJAK,MATTHEW G&CATHI 14030 SW KARLEY CT 13687 LAUREN LN TIGARD OR 97223 TIGARD OR 97223 PURINTON,GARY L&VIOLETA J ROGERS,KATE 13830 SW WALNUT LN 9527 SW BROOKLYN LN TIGARD OR 97223 TIGARD,OR,97224 RORMAN,SUE ROSENBLOOM,TRENT R&MINELBA B 11250 SW 82ND AVE 13749 SW FERN ST TIGARD,OR 97223 TIGARD OR 97223 ROY,SHUBHRO&MITALI RUEDY,ROBERT 13745 SW ROSY CT 14185 SW 100TH AVENUE TIGARD OR 97223 TIGARD,OR 97224 RUNYON,ANTHONY J SORENSON,BRYAN&STACY A 14040 SW FERN ST 12955 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 SUH,SOON YOUNG&DUK WON SUNDBERG,ROSS SUH,DONG CHOON 16382 SW 104TH AVE 13995 SW FERN ST TIGARD,OR 97224 TIGARD OR 97223 TAI,JED&ARONA TENNEY,SUZANNE R&GRAYSON A 13790 SW ROSY CT PO BOX 4017 TIGARD OR 97223 BEAVERTON OR 97075 TSAI,BORMING VONDRACHEK,JENNIFER L CHANG,SHURLING 13720 SW FERN ST 12995 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 WAKEM,LYNN R&GRETCHEN L WALTERMIRE,ROBERT P&ROSAMARIA 12970 SW OXALIS TER 13133 SW ESSEX DR PORTLAND OR 97223 TIGARD OR 97223 WATTS LIVING TRUST WEGENER,BRIAN BY WATTS,MICHELLE TR 9830 SW KIMBERLY DRIVE 13092 SW ASCENSION DR TIGARD,OR 97224 TIGARD OR 97223 WHITE,LOWELL WILLIAMS LIVING TRUST 13694 SW LAUREN LN BY WILLIAMS,DONNEL&STEPHANIE S T TIGARD OR 97223 13865 SW FERN ST TIGARD OR 97223 AFFIDAVIT OF POSTING NOTICE City of Tigard p Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 - In the Matter of two Quasi-judicial Annexations,processed through a Type III-Modified Procedures: Land Use File Nos.: ZCA2018-00002 and ZCA2018-00003 Land Use File Names: LEWIS AND CHASE ANNEXATIONS I, Lina Smith, being first duly sworn/affirrn, on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon, and that I personally posted Notice of a Public Hearing on the proposed Quasi-judicial Annexations by means of weatherproof posting at Tigard City Hall.Tigard Permit Center,Tigard Library,and 13990 and 13992 SW Fern Street Tigard OR 97223, a copy of said notice being hereto attached and by reference made a part hereof, on the 25' day of June 2018. Signature of Person Who Performed Posting (In the presence of the Notary) STATE OF OREGON County of Washington HIS. City of Tigard Subscribed and sworn/affirmed before me on the day of ,2019. OFFICIAL STAMP GLORIA NALLELY PI N MARIN NOTARY PUBLIC-OREGON COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF O ON My Commission Expires: � :Z_. l� NOTICE PUBLIC HEARING These applications will be processed through Type III-Modified Procedures. City Council will make the final decisions on these applications, with recommendations from Planning Commission. Tigard Planning Commission will conduct public hearings on these applications beginning at 7:00 p.m. on Monday, July 16, 2018. Tigard City Council will conduct public hearings on these applications beginning at 7:30 p.m. on Tuesday, August 14, 2018. The hearings will be located in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd., Tigard, Oregon 97223. For more information, please contact Lina Smith, Assistant Planner at (503) 718-2438 or LinaCS ,tigard-or.gov. LEWIS ANNEXATION (CASE NO. ZCA2018-00002) CHASE ANNEXATION (CASE NO. ZCA2018-00003) QUASI-JUDICIAL ANNEXATIONS REQUESTS: The proposals are to annex two (2) parcels of land, located at 13990 SW Fern Street (WCTM 2S104BD, Tax Lot 9300) and 13992 SW Fern Street (WCTM 2S104BD, Tax Lot 9400), into the City of Tigard. The property owners of Tax Lot 9300 request to annex in order to connect to city sewer. The City of Tigard proposes a delayed annexation for Tax Lot 9400. Both parcels are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. LOCATIONS: 13990 SW Fern Street (WCTM 2S104BD, Tax Lot 9300) and 13992 SW Fern Street (WCTM 2S104BD, Tax Lot 9400). COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. CITY ZONE: R-7: Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Chapters 18.710 and 18.720 of the Community Development Code of the City of Tigard; Tigard Comprehensive Plan Goal 1, Goal 11, Goal 125 and Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes Chapter 222. The staff reports and recommendations will be available for public review at least 15 days prior to the Planning Commission public hearings. Additionally, copies of the applications, documents, and evidence considered will be contained in the public record, and available for public review. If you would like to review these materials at no cost, please contact Lina Smith,Assistant Planner at (503) 718-2438 or LinaCS&tigard-or.gov. If you wish to receive copies of the materials, city staff will prepare them for you at a reasonable cost. Couxd1'Newsk#er 1'm4&d to the Tigvd Gq,Cavmd ox anra ;i &Isis to star ai rrart of emmfit di,issues June 28, 2018 I. Notice of Public Hearings—Island • Night Glow draws enthusiastic crowds to Cook Annexation park Attached is a notice of public hearing for annexation of the two remaining Island parcels on Fern Street: 10. Council Calendar Levis Annexation and Chase Annexation. Tuesday,July 3 Cancelled for Holiday 2. Economic Indicators wed.,July 4 (FYI oNI.Y) Attached are the June 2018 indicators for Washington County. 11 a.m. - 1 p.m. Pop Up in the Park - Sumnmerlake 3. Legal vs.Illegal Fireworks 4 p.m.: Mzddle ofMillen Drive TPD shared the attached flyer from the Oregon State lndepemzdenee Day Parade Fire Marshal's office to help differentiate between 6 p.m. &a*,a) Fireworks - Tigard high Oregon's legal vs.illegal fireworks. Tuesday,July 10 Business Meeting 4. Construction Project Update 6:30 p.m.—Town Hall Mike McCarthy attached an overview of road,trail and construction projects underway in the city. Tuesday,July 17 Workshop Meeting 6:30 p.m.—Town Hall S. Public Works Update An update on Public Works activities is attached. Tuesday,July 24 Business Meeting 6. Library Update 6:30 p.m.—Town Hall A Tigard Public Library update is attached. 7. ThaTPD Tigard Police received a nice thank you note for their service. 8. Press Release The city issued the following press release on Wednesday: -Tigard's FY19 Budget reduces spending by 9.4% 9. News • State advisory group votes for tolls on portions of I-5 and I-205 • Report outlines potential improvements for compost operations at Grimm's Fuel Co. • Tigard takes first step toward smart zoning option • Two seek council seat,Council mulls replacement strategy 13125 S*Hall Bkd 'I'-axd,OR 9'7213 1 IY`rb yaw. '�"•• I Phcme 503.639.417-1 (F_. X-, 5()3.684 7297 1 IDD.5()3.684.3772 Item# j Newsletter Notice of Public Hearings — Type III-Modified Quasi-judicial Annexations Lewis Annexation (Case No. ZCA2018-00002) Chase Annexation (Case No. ZCA2018-00003) Tigard.Community Development Contact Information Date of Notice: Monday,June 25,2018 120 days= N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@dgard-or.gov These applications will be processed through Type III-Modified Procedures. City Council Will make the final decisions on these applications,with recommendations from Planning Commission. PLANNING COMMISSION will conduct public hearings on these applications beginning at 7:00 p.m. on Monday,July 16,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. CITY COUNCIL will conduct public hearings on these applications beginning at 7:30 p.m.on Tuesday,August 14,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. Anyone wishing to present written testimony on the proposed actions may do so by sending it to Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Bhd., Tigard, OR 97223, or I ina . -or.Pov.Include the Case ID Numbers(outlined above)._anyone wishing to present oral testimony may do so at the hearings. Information About the Applications Description of the Applications: The proposals are to annex two(2)parcels of land,located at 13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300)and 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400),into the City of Tigard.The property owners of Tax Lot 9300 request to annex in order to connect to city sewer. The City of Tigard proposes a delayed annexation for Tax Lot 9400.Both parcels are"islands"of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction. Applicants: John and Elizabeth A.Lewis 13990 SW Fern Street Tigard,OR 97223 City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Property Owners: John and Elizabeth A.Levis 13990 SW Fern Street Tigard,OR 97223 Eric M.and Shelley M.Chase Revocable Living Trust 13992 SSC Fern Street Tigard,OR 97223 City, of Tigard,Community Development Division•13125 SW Hall Blvd,Tigard,Oregon 9 223 Page 1 of 3 Property Addresses and 13990 SW'Fern Street(WCTM 2S104BD,Tax Lot 9300) Legal Descriptions: 13992 SXX"Fern Street(WCTM 2S104BD,Tax Lot 9400) County Zone: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density City Zone: R-7:Medium-Density Residential Zone Applicable Review The approval standards for annexations are described in Chapters 18.710 and 18.720 of Criteria: the Community Development Code of the City of Tigard;Tigard Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes Chapter 222. What You Should Know About These Type III-Modified Applications The proposals require quasi-judicial Type III-Modified land use reviews, and public hearings before Planning Commission and City Council. The goal of this notice is to invite interested parties to participate early in the review-process by submitting comments in writing during the open comment period or through oral testimony at the public hearings. The Community Development Departmem will be making recommendations to Planning Commission on these proposals;our staff reports and recommendations will be available for public review at least 15 days prior to the Planning Commission public hearings, City Council will make the final decisions on these applications, after considering the recommendations from Planning Commission. City Council's decisions and Planning Commission's recommendations will be made after consideration of relevant e-6dence and public comments received during the open comment period and at the hearings. City Council's decisions will be mailed to the applicants and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: copies of the applications, documents, and evidence considered will be contained in the public record,and available for public review.If you would like to review these materials at no cost,please contact Lina Smith,Assistant Planner at (503) 718-2438 or L.inaCS&ti , rd-or ggv. If you wish to receive copies of the materials,city staff will prepare them for you at a reasonable cost Public Comment and Hearing Process Information The public hearings on these applications will be conducted in accordance with the Tigard Development Code, Chapter 18.710 and rules of procedure adopted by the Tigard City Council,which are available online or by request at City Hall. At the hearings, City Council and Planning Commission will receive staff report presentations from the city planner, open the public hearings, and invite both oral and written testimony. City Council and Planning Commission may continue the public hearings into additional meetings in order to obtain more information or may close the public hearings and take action on the applications. If evidence in support of the applications is submitted less than seven days prior to the public hearings,any party is entitled to request a continuance of the hearings. If these is no continuance granted at the hearings, any, participant in attendance mai- request that the record remain open for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding the proposals, either in person or in writing prior to the close of the public hearings,or failure to provide testimony or sufficient evidence to allow City Council or Planning Commission to respond to the issue,precludes an appeal to the Land Use Board of Appeals based on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the applicable City of Tigard,Community Development Division-13125 SW Hall Bhd.,Tigard,Oregon 97223 Page 2 of 3 review criteria are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.710.There is a fee charged for appeals. Notice to Mortgagee,Lienholder,Vendor,or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Assistive Listening Devices and Interoreters: Assistive listening devices are available by request.The city will also endeavor to arrange for a qualified sign language and bilingual interpreters upon request. Please call 503-639-4171,extension 2438(voice)or 503-684-2772(TDD—Telecommunications Device for the Deaf). Please make these arrangements at least one week prior to the public hearings. Zoning Map 1 1A R-25(PD) R-4.5 Zoning Map i GenMllnd zonlna cstnaries PR GMSIA 1 irk _ W �INU8ag6 0 N'ORTHV!-W UR'r ua►a<rla DR e' � Re:d:eia� .,-..�'W7 ' Mixed U. (PD) R WdLNUT 04 Tr4ullcMNWId 'x x . 63L_ed t w fiv*t,me A Z �y R-2.5 Ir,du•drid �x 0KAI0 -'j w w Pm,.d_M Rc_natk n p7A-('N3Y Over •Ir,nec > •f WN f Cit;w."'"yx Ilfa�rk Dwri:d otlCdt.j R-7 M vs A�tk dcrvm I)va ac ' • $� � g � ssecrr;ioe i PR i R-7(OD) i R-7 IAURF P (PD) PR s p MF11Ft Pe^JQ�I ...waa,w,r m n •w+u!a, x..xw, Wo i,atp ec ,�g�•�q a V� m City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 9-223 Page 3 of 3 City of Tigard COMMUNITY DEVELOPMENT DEPARTMENT Request for 500' Property Owner Notification Submit the completed form to the staff planner you are working with. Request forms are valid for three (3) months after the date processed. Staff planner you are working with: Lina Smith Project name: Lewis and Chase Annexations Company name: N/A Contact person: Lina Smith Phone: (503)718-2438 Email: LinaCS@tigard-or.gov For EACH project parcel,list the map and tax lot number(12 alphanumeric characters,i.e. 1S134AB00100): 2S104BD09300, 2S104BD09400 REQUEST FOR(only check one): CITY WIILL PAY THE FEES- Includes pmperty owners within 500 feet and citywide interested parties ISLAND ANNEXATIONS ❑ NEIGHBORHOOD MEETING LABELS NOTIFICATION—ENVELOPES Land use case number: ZCA2018-00002, ZCA2018-00003 ❑ Type II—`IWC) sets of envelopes ❑✓ Type III or Legislative—one set of envelopes FOR ONLY • ONLY #of sheets @$2.50/ea $ Recipients: 112 @$0.25/ea 1 sets $ 28.00 Generate list — — $11.00 Generate list: — — — $11.00 SUBTOTAL: $ 39.00 Postage: 112 @$0.50/ea 1 sets $ 56.00 TOTAL: $ TOTAL: $95.00 City of Tigard - 13125 SW Hall Blvd. - Tigard,Oregon 97223 - www.tigard-or.gov - 503-718-2421 - Page 1 of 1 I:\Community Development\Land Use Applica6ons\02_Forms and Templates\Land Use Applications\Property Owner Notification Rev.20171219 Area Notified (500 Ft) Lewis nd Chase Annexations _ ' �i ;►, ; ���=ni 111:♦.��..���� .�� ,� 00002 .a •�_ ' ' ,, , �, r w tn. ata2SI04BDO9300 ._.•!��_..,: � �=mow-w Tj WI qk Subject Site SO Notification Area ��� �II��t►�I/�NI►�`. �II�IIIIIIN � MFw�A r`Ml��i = N r nProperty owner information is valid for 3 months from the date printed on this map. � IN ul jI ww� � t Map pnnted at 09:47 AM on 12-Jun-18 N P- -2c DATA IS DERIVED FROM MULTI LE SOURCES.THE CITY OF TIGARD M RCPRE ENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY,IME INESS OR COMPLETENESS OF A"OF PROVIDED HERE N,THE CITY OF TIGARD SHALL ASSUME G LIABILITY FOR ANY ERR RS,MISSIO#IS.OR INACCURACIES IN THE 11 WN INFORMATION PROVIDED REGARDLESS OF HM CAUSED, COMMUNITY DEVELOPMENT DEPARTMENT 13125 SW� I Blvd 031539-1 r "r' 2S104BD06000 2S104BD06200 AGUON,PAUL&EMILY ALBERTSON,BARRY 14105 SW MITCHELL CT 15445 SW 150TH AVE TIGARD OR 97223 TIGARD,OR 97224 2S104BD06300 2S104BD06700 ALLEY,BARRY A ANDERSON,KATHY J&JOSHUA D SELLERS,STEPHANIE K 13132 SW ASCENSION DR 13788 SW WALNUT IN TIGARD OR 97223 TIGARD OR 97223 2S104BD04400 2S104BC08500 ATKINS,RILEY J&MARCIA M ATTN:DONNY LEE 14050 SW KARLEY CT SECTOR HOUSING OFFICER TIGARD OR 97224 2185 SE 12TH PLACE WARRENTON,OR 97146 2S104BC08000 2S104BC08400 ATWOOD REVOCABLE TRUST BEILKE,SUSAN BY ATWOOD,JEFFREY P&B J TRS 11755 SW 114TH PLACE 13728 SW ROSY CT TIGARD,OR 97223 TIGARD OR 97223 2S104BC08300 2S104CB01600 BENETTI,MARCO A&SALLY A BOHAN FAMILY REVOCABLE TRUST 13650 SW FERN ST 14115 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104CA01600 2S104CB03200 BOLLIGER,ALEX&KATIE BONILLA,NACIA/STASNY,JAMIE 13725 SW FERN ST METROPOLITAN LAND GROUP,LLC TIGARD OR 97223 17933 NW EVERGREEN PARKWAY,SUITE 300 BEAVERTON,OR 97006 2S104CB03300 2S104CA01500 BUEHNER,GRETCHEN BUZZARD,STEPHEN M&HELEN S PO BOX 230268 14000 SW FERN ST TIGARD,OR 97281 TIGARD OR 97223 2S104CB01400 2S104CA01400 CADMAN,TIMOTHY B&HELEN X CAFFAI_LL,REX 13141 SW ASCENSION DR 13205 SW VILLAGE GLENN TIGARD OR 97223 TIGARD,OR 97223 2S104CB03500 2S104CA05300 CARESS,ROBERT K&LOURDES M CAROL RENAUD 14150 SW FERN ST COUNTY ADMINISTRATIVE OFFICE TIGARD OR 97223 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S104CA01300 2S104BC08100 CASTLE,JAMES&JUDITH CHASE,ERIC M&SHELLEY M 14010 SW KARLEY CT HALE,SHARON S&WILLIAM K TIGARD OR 97223 13992 SW FERN ST TIGARD OR 97223 2S104BD02100 2S104CA02200 CHASE,ERIC M&SHELLEY M REV LI CITY OF TIGARD 13992 SW FERN ST ATTN:Lina Smith TIGARD OR 97223 13125 SW HALL BLVD. TIGARD,OR 97223 2S104131301400 2S104CA03800 COCHELL,TIMOTHY E COLLINS,ERIC A&STASHA D 13800 SW FERN ST 13739 SW LAUREN IN TIGARD OR 97223 TIGARD OR 97223 2S104CA03500 2S104CA02100 CONNERY,STACY COOPER,RONALD W 12564 SW MAIN STREET ELAINE E TIGARD,OR 97223 14120 SW FERN ST TIGARD OR 97223 2S104CA03600 2S104CA02000 CRAGHEAD,ALEXANDER CURRY,STANFORD TAYLOR 12205 SW HALL BOULEVARD CURRY,PATRICIA DOMENGEAUX TIGARD,OR 97223-6210 13107 SW ASCENSION DR TIGARD OR 97223 2S104BD02000 2S104BD04200 DAVIS,JENNIFER C DAWOODBHAI,YUSUF&INSIYA BOYLAN,JASON D 13083 SW ASCENSION DR 13058 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 multiple:2S104CA01800 to 2S104CA01900 2S104BD04900 DAYAL,NIMESH R&JAISHREE G DEFILIPPIS,VICTOR 13763 SW ROSY CT 13892 SW BRAYDON CT TIGARD OR 97223 TIGARD,OR 97224 2S104BD04300 2S104BD04700 DYCHES,RONALD S&SUZETTE M ENDICOTT,BRUCE T& 13784 SW FERN ST ENDICOTT,DIANA BRONDER TIGARD OR 97223 13154 SW ASCENSION DR TIGARD OR 97223 2S104BD05000 2S104BD04600 ENGVALL,ANN FARGO,ROLPH E 15461 SW 82 PL 13165 SW ESSEX DR TIGARD,OR 97224 TIGARD OR 97223 2S104BD07100 2S104BD04500 FROUDE,BEVERLY GARCIA,JOE J&CARMEN 12200 SW BULL MOUNTAIN ROAD 13268 SW BUCKFIELD IN TIGARD,OR 97224 TIGARD OR 97223 2S 104BD06900 2S 104BD06600 GIBSON,ALEXIS&NATHANIEL GONZALEZ,RENE G&JULIE A 13665 SW FERN ST 14065 SW KARLEY CT TIGARD OR 97223 TIGARD OR 97223 2S104BD05900 2S104BD09200 GUSTAFSON,KRISTEN&WILLIAM HADLEY,BONNIE CHAIR CPO 4B 12665 SW 138TH AVE 16200 SW PACIFIC HWY SUITE H BOX 242 TIGARD OR 97223 TIGARD,OR 97224 2S104BD09300 2S104BD09400 HAIMA,CHAD M&NATALIE E HAMILTON,LISA CPO 4B VICE CHAIR 13188 SW ASCENSION DR 13565 SW BEEF BEND ROAD TIGARD OR 97223 TIGARD,OR 97224 2S104BCO2300 2S104BC09200 HANSEN,BARBARA L REVOCABLE TRUS HARBECK,ROBERT&LAURA 13672 SW LAUREN IN 13110 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S104BC09100 2S104BCO2200 HERING,J.BLAKE. HINDMAN,GAVIN D NORRIS BEGGS&SIMPSON 14125 SW MITCHELL CT 121 SW MORRISON,SUITE 200 TIGARD OR 97223 PORTLAND,OR 97204 2S104BC09000 2S104BC00500 HOFER,DAVID P& HOFFER,SPENCER J& KIMBERLEY M HOFFER,DANA L 13096 SW OXALIS TERR 13709 SW MICHELLE CT TIGARD OR 97223 TIGARD OR 97223 2S104BC08800 2S104BC08700 HOFFMAN,PAUL RUSSELL HOGAN,KEVIN 13985 SW FERN ST 14357 SW 133RD AVENUE TIGARD OR 97223 TIGARD,OR 97224 2S104BC08600 2S104BC00600 HOHNBAUM,MICHAEL LEE&KARI ROC HOLTHAUS,ROBERT A 14160 SW FERN ST 2348 SW 119TH PL TIGARD OR 97223 PORTLAND OR 97225 2S104BC07900 2S104BC01800 HOWLAND,HAROLD AND RUTH HUME,DAVID T&KRISTA R 13145 SW BENISH 12950 SW OXALIS TER TIGARD,OR 97223 TIGARD OR 97223 2S104BC01700 2SI04BDO5100 HUNT,DANA J&BARBARA D JAHANGIRI,PARVIZ 13101 SW ESSEX DR NISHIHARA,SHARON TIGARD OR 97223 2900 SW RALEIGHVIEW DR PORTLAND OR 97225 2S104BD06100 2S104BD07000 K5 URBAN PROPERTIES&MANAGEMENT KAPLAN,DANIEL&ALLA PO BOX 25571 12774 SW 138TH AVE PORTLAND OR 97239 TIGARD OR 97223 multiple:2S104BC00300 to 2S104BC00400 2S104BC08900 KIM,JOHN&JOYCE KIMMEL,DAVID 17975 SW JEREMY ST 1335 SW 66TH SUITE 201 BEAVERTON OR 97007 PORTLAND,OR 97225 2S104CB03000 2S104BD04800 KNAPP,MONA LAMB FAMILY SURVIVOR TRUST 9600 SW FREWING STREET BY LAMB,BENJAMIN C TR TIGARD,OR 97223 13770 SW FERN ST TIGARD OR 97223 2S104BD01900 2S104BD06400 LAYMAN,JOHN P LEWIS,JOHN ELIZABETH A JOHNSON,JOANIE M 13990 SW FERN 13084 SW ASCENSION DR TIGARD OR 97223 PORTLAND OR 97223 2S104CB02900 2S104BD01600 LIAO FAMILY TRUST LISA HAMILTON,CPO 4B VICE-CHAIR BY LIAO,FRANK H&CATHY L TRS 16200 SW PACIFIC HWY SUITE H BOX 242 12701 SW 138TH AVE TIGARD,OR 97224 TIGARD OR 97223 2S104BC08200 2S104CB01500 LOESCHE,JOSH&JENNIFER N LONG,JIM CHAIR,CPO 4M 14065 SW FERN ST 10730 SW 72ND AVE TIGARD OR 97223 PORTLAND,OR 97223 2S104BC01900 2S104CB03400 MARCH,HENRY J&VICKI G MCALLISTER,KELLEY&WILLIAM 13711 SW LAUREN IN 13752 SW ROSY CT TIGARD OR 97223 TIGARD OR 97223 2S104BCO2401 2S104CA03700 MCCABE,WILLIAM M&SARAH C MCGEE,ELIZABETH A 13188 SW ESSEX DR 13829 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104CB02800 2S104CB03100 MEINSCHEIN,SUSAN G TRUST MENSAH,TETE 13653 SW LAUREN IN 12687 SW 138TH AVE TIGARD OR 97223 PORTLAND OR 97223 2S104BD06500 2S104BCO2100 MILDREN,GENE MISKOVIC,JASON&DANIELLE MILDREN DESIGN GROUP 14085 SW KARLEY CT 7650 SW BEVELAND ST,STE 120 TIGARD OR 97223 TIGARD,OR 97223 2S104BD05200 2S104BC00200 MITCHELL,MICHAEL S MONTGOMERY,DIANA L MITCHELL,UTE G 13774 SW ROSY CT 12739 SW 138TH AVE TIGARD OR 97223 TIGARD OR 97223 MURDOCK,NATHAN AND ANN NASER,MOHAMED&LINDA 7415 SW SPRUCE STREET 13197 SW ESSEX DR TIGARD,OR 97223 TIGARD OR 97223 NATHANSON,CAROL R NEAL BROWN.GRI 13667 SW MICHELLE CT MEADOWS INC REALTORS TIGARD OR 97223 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 NIEDERMEYER,SHARNELI.E M&LUKE O'BILLOVICH,ANTHONY R&FAITH N 12621 SW 138TH AVE 12990 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97224 ORTIZ,JOANA PHELPS,STEPHEN W&SUSAN D REV 12755 SW 138TH AVE 99 KATHLEEN CT TIGARD OR 97223 PACIFICA CA 94044 PLATER,SUZANNE L&ALONZO PRESJAK,MATTHEW G&CATHI 14030 SW KARL.EY CT 13687 LAUREN LN TIGARD OR 97223 TIGARD OR 97223 PURINTON,GARY L&VIOLETA J ROGERS,KATE 13830 SW WALNUT LN 9527 SW BROOKLYN IN TIGARD OR 97223 TIGARD,OR,97224 RORMAN,SUE ROSENBLOOM,TRENT R&MINELBA B 11250 SW 82ND AVE 13749 SW FERN ST TIGARD,OR 97223 TIGARD OR 97223 ROY,SHUBHRO&MITALI RUEDY,ROBERT 13745 SW ROSY CT 14185 SW 100TH AVENUE TIGARD OR 97223 TIGARD,OR 97224 RUNYON,ANTHONY J SORENSON,BRYAN&STACY A 14040 SW FERN ST 12955 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 SUH,SOON YOUNG&DUK WON SUNDBERG,ROSS SUH,DONG CHOON 16382 SW 104TH AVE 13995 SW FERN ST TIGARD,OR 97224 TIGARD OR 97223 TAI,JED&ARONA TENNEY,SUZANNE R&GRAYSON A 13790 SW ROSY CT PO BOX 4017 TIGARD OR 97223 BEAVERTON OR 97075 TSAI,BORMING VONDRACHEK,JENNIFER L CHANG,SHURLING 13720 SW FERN ST 12995 SW OXALIS TER TIGARD OR 97223 TIGARD OR 97223 WAKEM,LYNN R&GRETCHEN L WALTERMIRE,ROBERT P&ROSAMARIA 12970 SW OXALIS TER 13133 SW ESSEX DR PORTLAND OR 97223 TIGARD OR 97223 WATTS LIVING TRUST WEGENER,BRIAN BY WATTS,MICHELLE TR 9830 SW KIMBERLY DRIVE 13092 SW ASCENSION DR TIGARD,OR 97224 TIGARD OR 97223 WHITE,LOWELL WILLIAMS LIVING TRUST 13694 SW LAUREN LN BY WILLIAMS,DONNEL&STEPHANIE S T TIGARD OR 97223 13865 SW FERN ST TIGARD OR 97223 �I b.'.,.._tic' i`s 11 K' � +\' i � � .\'t Ml�• „c -...--'_� .;. l�ate`L��..l..t.. � /�� f t� ♦ � ► - s";'.- ... .........._.. ORT f'4D OR 9-32 ''� :° `. U.S.POSTAGE>>PITNEY BOWES City of Tigard ' 2. A- UG1 " 13125 SW Hall Blvd. �.,.` ,;,� pts 'q L $ 000raw 70 Tigard, Oregon 97223 -�` 02 4VV -' 0000336894 AUG 20 2018 CD/Lina 2S 104BD04500 GARCIA,JOE J & CARMEN 13268 SW BUCKFIELD IN TI(=ART) CSR 07991 971 NFE 1 7171009E/20/ia FORWARD TIME EXP RT14 TO SEND 4 GAR CIA 12975 Sw okA! TS TE.P+s- f "TIG,ARU OR 97223 -56SS ; RETURN TO SENDER. .-��_�':''$ � 1��l��1�9F4��t��f�it�,�'!t°i1e11���l�i��t���:11��i���l�{'�"#'►f! P0,RTUAND City of Tigard U.S.POSTAGE>>PITNEY BOWES 13125 SW Hall Blvd. —70,AUG 2018 PM -4 L 0 Tigard, Oregon 97223 ZIP 97223 $ 000.47 02 4" 0000336894 AUG 20 2018 CD/Lina 2S104BC08100 CHASE,ERIC M& SHELLEY M HALE, SHARON S &WILLIAM K 8007 QXVI UUDXT C'V 971 NFE 1 41719008/29/ ,.S FORWARD TIME F-XP RTN TO SEND HALE li998 sw 9" w " WIT TIGAPO 6R 4722�-' Isis RETURN 70 SENDER hill'I d0411111!it!'Pll,'Vil 4 1 ill[0 niklll PORTLAND City of Tigard 13125 SW Hall Blvd. AUG ZD18- Tigard, Oregon 97223 4" : 02 a� W Zw 0000336894 AUG 20 2018 CD/Lina 2S 104CA02200 CITY OF TIGARD ATTN: Lina Smith 13125 SW HAIL BLVD. TIGARD, OR 97223 1 City of Tigard 13125 SW Hall Blvd. z I Tigard, Oregon 97223 02 0000336894 JUN 25 2018 CD/Lina 2S104BC08100 CHASE, ERIC-M& SHELLEY M HALE, SHARON S &WILLIAM K 139" S71 N;E 1 41719086 / 26/18 TIC;; Q R*v A R D T1 i A(E E X P R Ti. To E N 0 - 13998 SW FERN ST TTGARD OR 972-23 -1519 RETORN TO SENDER T +4EY,B City of Tigard OWE& 13125 SW Hall Blvd. Tigard, Oregon 97223 Z 00. 02 4YV 0000336894 JUN 25 2018 CD/Lina 2S104CA02200 CITY OF TIGARD AT-fN: Lina Smith 13125 SW HALL BLVD. TIGARD, OR 97223 V 7 . 2—*::�'rj w —_—q I'V'v — 11111 1111111111 il 4t illiif it 1111fill is jIjIj III APPLICANT MATERIALS RECEIVED City of Tigard JUN 11. 2018 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD Master Land Use Application PLANNING/ENGINEERING LAND USE APPLICATION TYPE ❑ Adjustment/Variance(II) ❑ Planned Development(III) ❑ Comprehensive Plan Amendment(Legislative) ❑ Sensitive Lands Review(II or III) ❑ Conditional Use (III) ❑ Site Development Review(II) ❑ Development Code Amendment(Legislative) ❑ Subdivision (II) ❑ Discretionary Urban Forestry Plan Review (III) ❑ Transportation Mitigation (II) ❑ Downtown Design Review(II,III) ❑ Urban Forestry Plan Modification (I) ❑ Historic Overlay(II or III) ❑ Zone Change (III or Legislative) ❑ Home Occupation(II) 8 Zone Change Annexation (III or Legislative) ❑ Land Partition(II) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) Involuntary annexation of a 2.38-acre island property into the City of Tigard. Property is located at 13992 SW Fern Street. PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): 13992 SW Fern St,Tigard, OR 97223 Tax maps and tax lot #s: 2S104BD09400 Total site size: 2.38 acres Zoning classification: Washington County R-6;City of Tigard R-7 APPLICANT INFORMATION Case No.: ZCA2018-00003 Name: Agnes Lindor, City of Tigard 13125 SW Hall Blvd Related Case No.(s): N/A Application Fee: Mailing address: , OR N/A City/state: g Zip: Tigard, 97223 (503)718-2429 Application accepted: Phone number: By LS Date: 6/11/18 Primary contact name: See above Phone number: See above Application determined complete: Email:AgnesL@tigard-or.gov By: k.c Date: c C I I:\Community Development\Land Use Applications\02_Forms and Templates\Land Use Applications Rev.12/14/2017 City of Tigard • 13125 SW Hall Blvd. Tigard,Oregon 97223 www.tigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Eric M. &Shelley M. Chase Rev Liv Trust Mailing address: 13992 SW Fern St City/state: Tigard, OR Zip; 97223 Phone: (503)890-9084 Email: shchse@gmail.com When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANTS) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). .&I" " � Agnes Lindor, City of Tigard 6/11/18 App nt's signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of each owner of the subject property required Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2 City of Tigard Date: June 14,2018 To: Lina Smith,Assistant Planner RE: Chase Annexation Narrative This proposal is to annex one parcel located at 13992 SW Fern Street,into the City of Tigard.The parcel is 2.38 acres and is currently zoned Residential-6 units per acre under Washington County zoning. Chapter 18.720 Annexations 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 The 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 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 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Page 2 not be processed as an expedited decision;therefore, these notice requirements apply. City staff will provide appropriate notice for both Planning Commission and City Council hearings as specified by Metro Code 3.09.030. 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 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, 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 parry; and The proposed annexation area will remain within Washington County,but will be withdrawn from the Washington County Enhanced Sheriffs 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. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve the annexation, 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 in this narrative. 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 narrative Page 3 (TDC 18.720.030 Continued) A.2. The annexation is in the city's best interest. 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 Police Department will provide public safety services,instead of the Washington County She-tiff 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. 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. TDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre TDC 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. Page 4 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.All notices will be provided in compliance with requirement in Chapter 18.710. 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.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 just east of the site: there is an existing 12-inch stormwater main along SW Fern Street. The City of Tigard Water—City of Tigard Public Works Department. The property is located within the Tigard Water Service Area.There is an existing 12-inch and 6-inch water main along SW Fern Street. Sewer—City of Tigard Public Works Department. City of Tigard sewer infrastructure is available approximately 150 feet to the east of the site by a sanitary main in SW Fern Street. Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject property. If this annexation request is approved,the site will be withdrawn from the Enhanced Sheriff's Patrol District,and the City of Tigard Police Department will provide public safety services to the site. 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. Streets —City of Tigard Engineering Division. The subject property currently has frontage on SW Fern Street. SW Fern Street is currently under the city's jurisdiction, and is classified as a Neighborhood route,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. 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 just to the east of the site. Page 5 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 is not requesting to connect to sewer. Sewer infrastructure is available approximately 150 feet to the east of the site by a sanitary main in SW Fern Street. However, this annexation must be completed before sewer will be extended to the property. Goal 12:To provide and encourage a safe,convenient, and economic transportation system. The subject property currently has frontage on SW Fern Street. SW Fern Street is currently under the city's jurisdiction, and is classified as a Neighborhood route,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 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 TDC Sections 18.720.030.13 and 18.720.030.0 of this narrative. 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,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, 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. 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. Page 6 The annexation will reduce an existing"island" of Washington County jurisdiction surrounded by properties in the City. As provided in this narrative, sufficient public facilities exist to serve the subject property. 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. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5, the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. (4) Unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for, and in, residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The city recorder or other officer performing the duties of the city recorder shall: Page 7 (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b) Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. This application to annex the subject property (13992 SW Fern Street) is being submitted by the city. This is done in compliance with Section 222.750. 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 will be schedules and all required noticing requirements will be met. ADDITIONAL DOCUMENTS IIIal TiGititti City of Tigard NOTICE TO CITY OF TIGARD STAFF,WASHINGTON COUNTY ASSESSMENT AND TAXATION DEPARTMENT, PARTNER AGENCIES, SPECIAL DISTRICTS, PUBLIC UTILITIES, ELECTRIC COOPERATIVES, AND TELECOMMUNICATIONS CARRIERS This notice is a reminder that the following annexation will become effective on September 13, 2021: Case Name and Number: Chase Annexation (Case No. ZCA2018-00003) Property Owners: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard, OR 97223 Property Address and 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400) Legal Description: Ordinance Number: 2018-17 (Approved by Tigard City Council on August 14, 2018) Effective Date of September 13, 2021 Annexation: Please feel free to contact the City of Tigard Planning Division at (503) 718-2421 or tigardplanneronduty(a�tigard-or.gov if you have any questions. Sincerely, Lina Smith Assistant Planner Attachment: Ordinance No. 2018-17 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- !7 AN ORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY FROM THE TIGARD WA fER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS 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 Planning Commission held a public hearing on July 16, 2018, and Tigard City Council held a public heating on August 14, 2018, to consider the annexation of one (1)parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD,Tax Lot 9400, 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 July 16,2018 and.August 14,2018; 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- 17 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" (ZCA2018-00003) 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: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. PASSED: By 1,07&fli11'16144-- vote of all Council members present after being read by number and tide only,this /�(�1— day of ,,,4-1491,4,i-- ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this 11 f day of ,2018. Approved as to form: Jo L. Cook,Mayor r/�]+jJjjf J�I J City Attorney 9;1 + I% Certified to be a True Copy of Original on File Date1. By: r-C�li Deputy R� ty � d ORDLNANCE No. 18- 17 Date: 0 ; i to J ;1-Dig Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION-CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4,Township 2 South,Range 1 West of the Willamette Meridian; being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also, being portions of Lots 23 and 24, Handy Acres, in Washington County, Oregon;and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991, Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02°16'21" West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87°43'39" West a distance of 120.87 feet,more or less,to a point of non-tangent curvature, also being the east line of that property by Document No. 2018- 013522, Washington County Deed Records; thence, along said east line on a non-tangent curve with a 125-foot radius,to the left, through a central angle of 06°57'56"(chord bears South 12°49'23" West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16°18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991, South 87°43'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line, also being the east line of said Lot 23, South 02°16'21"West a distance of 475.54 feet, more or less,to the southwest corner of said Lot 24, also being on the north line of Tract A, Hillshire Woods; thence along the south line of said property, South 88°43'51" East a distance of 170.00 feet to the southeast corner of said Lot 24,also being the southwest corner of Tract E, Hillshire Woods; thence along the east line of Lot 24 also being the west line of Tracts E and F, Hillshire Woods, North 02°16'21"East a distance of 701.77 feet, more or less, to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. REGISTERED Area includes 2.408 acres, more or less. PROFESSIONAL D SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: 12 (-50105 0 0 50' 100' L.____1____J i TRACT F TRACT E SCALE:1"=100' HILLSHIRE HILLSHIRE WOODS WOODS .7 N65'55'59"W 50.00' POINT OF BEGINNING 1,../ NO2'16'21"E 701.77'± 0 f,.'—S02'16'21"W 147.76' 0 4`�/ LOT 24 N. /4./ HANDY ACRESBOOK 1099 ,--N87'43'39"W 120.87' DOCUMENT N0. !�PAGE 991 2017-066363 Li)ih TRACT A SS ' HILLSHIRE a00o WOODS S02'16'21-'WT 5.54', yKn -587'43'39"E 21.37' En S16'18'21"W 87.70' w w R=125.00' LOT 23 CC I— =w F N w &r6'57'56" HANDY ACRES 0 J C o 0 L=15.20' DOCUMENT NO. _ _ CH.=15.19' 2018-013522 LA i_ Si '--/ '49'23"W 1—(=i)w 1 I j - / . I CHASE PROPERTY - EXHIBIT B �DRA 8/9/2018 I �I WESTLAKE DRAMN BY LOCATED IN THE NORTHWEST 1 4 OF SECTION 4 CHECKED BY CONSULTANTS TONNSHIP 2 S., RANGE 1 W., W.M. GRA ENGINEERING • SURVEYING • PLANNING RENSCH WASHINGTON COUNTY, OREGON 0 PACIFIC CORPORATE CENTER JOB NO. 15115 S.W.SEQUOIA PARKWAY,SUITE 150 (500)684 0652 0330-020 TIGARD,OREGON 97224 FAX(500)824-0157 Washington County,Oregon 2018-066020 D-ORD Stn=22 C DEMMER 09125/2018 08:37:52 AM $135.00$11.00$5.00$60.00 $211.00 1,Richard Hobernicht,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. . Richard Hobemicht,Director of Assessment and Taxation,Ex-Officio After Recording, Return to: City of Tigard City Recorder's Office — Records 13125 SW Hall Boulevard Tigard, OR 97223 Name of Transaction: Chase Annexation Ordinance No. 2018-17 Description: An ordinance approving the Chase Annexation (ZCA2018-00003). The annexation shall be effective on September 13, 2021. CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- 1-7 _ AN ORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-M3), AND WITHDRAWING PROPERTY 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 WI EREAS,the Tigard Planning Commission held a public hearing on July 16,2018,and Tigard City Council held a public hearing on August 14,2018,to consider the annexation of one (1)parcel of land consisting of Washington County Tag Map (WC A)2S104BD,Tax Lot 9400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2)public hearings on the issue of annexation into the City on July 16,2018 and.August 14,2018;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 Sheriff s 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 Tigard has been reviewed for compliance with the 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- 1-7 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 Sheriff s Patrol District, and Washington County Urban Road Maintenance District SECTION 2: The Tigard City Council adopts the `Planning Commission Recommendation to the City Council" (ZCA2018-00003) 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: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. f PASSED: By 9JAd YLlN01,111— vote of all Council members present after being read by number and title only,this /Y"' day of 44 .2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this I day of .4U4"41- ,2018. "A Approved as to form: Johifp.Cook,Mayor /&-- City A orney I y I Certitged to be a True Copy of Date Original on File By Deputy R r•Cityt W1 T*W ORDINANCE No. 18- 1-7 Date: 6-Kk I OI Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION-CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4, Township 2 South,Range 1 West of the Willamette Meridian; being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also,being portions of Lots 23 and 24,Handy Acres,in Washington County, Oregon;and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65"55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991, Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02"16'21"West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87"43'39"West a distance of 120.87 feet,more or less,to a point of non-tangent curvature,also being the east line of that property by Document No. 2018- 013522, Washington County Deed Records; thence, along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°57'56"(chord bears South 12°49'23"West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16"18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991, South 87°43'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line,also being the east line of said Lot 23, South 02`16'21"West a distance of 475.54 feet,more or less,to the southwest corner of said Lot 24,also being on the north line of Tract A,Hillshire Woods; thence along the south line of said property, South 88°43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24,also being the southwest corner of Tract E,Hillshire Woods; thence along the east line of Lot 24 also being the west line of Tracts E and F,Hillshire Woods, North 02'16'2 1"East a distance of 701.77 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. — - REGISTERED Area includes 2.408 acres,more or less. PROFESSIONAL D SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: 17 (-% j 0 w 100' I _I TRACT F TRACT E SCALE:1"=100' H I LLSHIRE HI LLSH IRE WOODS WOODS N65'55'59"W 50.Q0' POINT OF BEGINNING NO2'16'21"E 701.77'± ", S02'16'21NW 147.76' o LOT 24 6 44r HANDY ACRES *" ie BOOK 1099 87'43'39"W 120.87' DOCUMENT NO. w clPAGE 991 2017-066363 ? , M TRACT A :- HILLSHIRE / o0 S02'1 6'21"W 475.54' co WOODS 87'43'39"E 21.37' 16018'21"W 87.70' � , w of 04Ra125.00' LOT 23 _Ln LJ w / Q=6'57'56" HANDY ACRES N O v DOCUMENT NO. 0 v J z L--115150 9' 2018 -013522 S124923 Wo Jw 0 CHASE PROPERTY - EXHIBIT 6 BY 8 9 2018III WESTLAKE LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 By CAS CONSULTANTS m¢ TONNSHIP 2 S., RANGE 1 W., W.M. GRA Erimmm G . SUBVMNc ' PLUa G WASHINGTON COUNTY, OREGON gON 0 PACEM CORPOUTZ Czim ( ) _ rw Nm 0330-0 15115 I 1G1�M!OREGON ARIWAY, 8U11E 150 FAX 5CA 084-0107 EXHIBIT C Hearin Date:August 14.2018 Time:730 P.M. PLANNING COMMISSION RECOMMENDATION TO THE ■ CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CHASE ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2018-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard,OR 97223 PROPOSAL: The City of Tigard proposes a delayed annexation for one(1) parcel of land,located at 13992 SW Fern Street.The 2.38-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction.City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400 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. CI MASE ANNEXATION PAGE 1 Or 12 ZCA2018-00003 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2018-00003)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, Planning Commission recommends APPROVAL of ZCA2018-00003 to City Council. SECTION III BACKGROUND INFORMATION The 2.38-acre site (13992 SW Fern Street;WCTM 2S10413D,Tax Lot 9400) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135'Avenue. According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts, the subject property 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. The subject property and the adjacent property (13990 SW Fern Street;WCTM 2S10413D, Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017.In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners.The property is now being annexed to complete the Council policy. On July 16, 2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00003). 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 Ill-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council (on August 14, 2018). City staff followed public noticing requirements, in accordance with CDC 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 June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public CHASE ANNEXATION PAGE 2 Or 12 ZCA2018-00003 hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 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 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 CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,following 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 LocAr GOVERNMENT BO INDARY 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 June 11, 2018. Public hearings for deliberations on this proposed boundary CI LASE ANNEXATION PAGE 3 Or 12 ZC.A2018-00003 change were scheduled before Planning Commission (on July 16,2018) and before City Council (on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 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 June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions 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 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 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; CHASE ANNEXATION PAGE 4 Or 12 ZCA2018-00003 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; 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. 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 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'TV F+'&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 June 28, 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 CI IASE ANNEXATION PAGE 5 Or 12 ZCA2018-00003 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 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 August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00003, the effective date of this annexation will be three years after the effective date of the approving ordinance,as outlined in ORS 222.750(5). 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. (CDC 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,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 CHASE ANNEXATION PAGE 6 OF 12 ZCA2018-00003 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. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res.6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre CDC 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 June 25, 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 June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 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. Staff interprets the phrase"all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. CHASE ANNEXATION PAGE 7 OF 12 ZCA2018-00003 Stormwater—City of Tigard Public Works Department. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 water main along SW Fern Street.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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. 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 Sheriffs 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. This proposal is to annex a 2.38-acre "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. 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 connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.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. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area,or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and CI IASE ANNEXATION PAGE 8 Or 12 ZCA2018-00003 determined there is adequate capacity to serve the existing property. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, 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 CDC Sections 18.720.030.13 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. The subject property (13992 SW Fern Street;WCTM 2S104BD, Tax Lot 9400) and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300 have also submitted a request to annex in order to connect to city sewer. Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island,"which is consistent with the policy outlined above. CHASE ANNEXATION PAGE 9 OF 12 ZCA2018-00003 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. The City of Tigard has initiated this application to annex the subject property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400).'lbe 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 July 16, 2018) and before City Council (on August 14, 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 June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on June 25,2018 (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 June 25,2018. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5,the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. CHASE ANNEXATION PAGE 10 OF 12 ZCA2018-00003 (4) Unless otherwise required by its charter,annexation by a city under this section must be by ordinance or resolution subject to referendum,with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for,and in,residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved.The city recorder or other officer performing the duties of the city recorder shall: (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b)Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. The subject property is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one before City Council on August 14, 2018. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018- 00003, the effective date of this annexation will be three years after the effective date of the approving ordinance. Furthermore,city staff will record notice of the delayed annexation with the Washington County Assessment and Taxation Department,Recording Division within 60 days after City Council approves this application,and will notify the county between 120 days to 90 days before the annexation takes effect. 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 June 25,2018.As of July 30,2018,no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated July 16,2018 CI IASE ANNEXATION PAGE 11 OF 12 ZCA2018-00003 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval ctiteria, outlined in CDC 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. Julz 30,2018 PREPARED BY: Lina Smith Assistant Planner July 30,2018 APPROVED BY: Tom AcGuire Assistant Community Development Director CHASE ANNEXAnON PAGE 12 OF 12 ZCA2018-00003 -T72w' (,P1), v R4.5 Attachment 1: Zoning Map NORTHVIEW DR PR �' ; / /f a R-25 Generalized Zoning Categories r )r ! ENISH ST Zoning Descriplion i W MARCIA DR Residemial i % M ., �..�iMixed Use Residential Z O i Commercial p 1. . W LNUT LN _ __ Mixed Use R-7` � R'7 WALNUT LN ,,[/,(PD-*'I ?i . W I �— � ' Triangle Mixed Use ISMixed Use Employment ROSY CT R-25; lndnstrial r / Q I �� Parks and Recreation WA-CNTY 00 �R- W OverjU Zones Z � O f Q 2iHistoric District Overlay Z ii , =-Planned Development Overlay Lu Subject Site ,Ry"(P R=4,5 R-7 Map printed at 04:51 PM on 09Jul-18 ; O LAUREN LN R-4.5` . Ro"l"smap�D:,?oe + q"dva�"o° ..a.MW - DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OFTIOARD MAKES NO HI NNRRANPR TY,REESENTATIONOROUARAHrEEASTOTIECONIENT,ACCURACY, I'f TIMELINESS OR COIFLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TID SHALL ASSUME NO OR INACCURACIIEES IN THE NFCRMAT ONO PRI LTY V DED REGARDLESS HOW FOR ANY ERRORS.OMISS(ONSCAUSED. 0 M I C H E L CT .� "DO COMMUNITY DEVELOPMENT DEPARTMENT 5H lyd 13125WO Tard.OR 972 13 0feCk T00,06 36394171 334 i • www.tigard-or.gov Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes,July 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 Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin,Executive Assistant;Agnes Lindor,Associate Planner; Lina Smith,Assistant Planner,Schuyler Warren,Associate Planner,Susan Shanks,Senior Planner; Principal Engineer Khoi Le COMMUNICATIONS—President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21,2018 Meeting Minutes: President Fitzgerald asked if there were any additions,deletions, or corrections to the May 21 minutes;there being none,President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16,2018 Page 1 of 9 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 or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. 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 roorts are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00002) 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 ZCA2018-00002 to City Council. APPLICANT PRESENTATION—Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed July 16,2018 Page 2 of 9 RESULT -Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION- ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15,and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street 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: Commissioner Feeney. 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 B). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) 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 ZCA2018-00003 to City Council. APPLICANT PRESENTATION—the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION July 16,2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed. RESULT - Motion for approval passes unanimously. (9 —0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE ZON2018-00002;SUB2018-00003 DESCRIPTION OF PROPOSAL:The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue 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 Lieuallen,Jackson,Fitzgerald,Feeney,Roberts,and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each hearing)and a PowerPoint (Exhibit C) regarding the proposal below: ■ Rezone request ■ Change from R-3.5 to R-4.5 ■ Both in Low Density Residential Comprehensive Plan Designation ■ Subdivision ■ 14 lots ■ Extension of SW Lady Marion Drive west to SW 109th Avenue ■ Private street from SW Marion Drive July 16,2018 Page 4 of 9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together - concurrently. So to be clear, I cannot turn down the subdivision and approve the zone change?Yes. APPLICANT'S PRESENTATION Wayne Hayson, Planning Manager with Pioneer Design Group,was there representing the applicant,Paceline Holdings, LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 & R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a 26'wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed. All required public utilities are available to the site. He addressed some of the neighborhood concerns—such as speeding, no parking areas,illegal passing, etc. Unfortunately,these concerns cannot be controlled by the review of this application;however,he said,"We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas —16463 SW 103 Ave.,Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind,and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16,2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard—said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street; he does not want Lady Marion extended,and believes this should simply be a 14 lot cul-de-sac. Lynn Walker, 14970 SW 109th Tigard—doesn't want Lady Marion extended. She is concerned about signage,lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed—originally,this was going to be eight houses—and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth, 10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered.Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson, 10499 SW Naeve Street,Tigard—agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons,he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25%in grade;however,a building permit through the building code requirements -if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees;however,it's not a requirement—it's an option that they can utilize. As for noticing requirements —the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area—said the state law's minimum noticing area is actually just 300',and Tigard's 500' noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16,2018 Page 6 of 9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development shall be ex-tended unless any of the three exceptions are present, that is environmental or topographical constraints,existing development,patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue;there's nothing preventing a street going through. A cul-de-sac is not an option in this case—anything else would be changing the goal post in this application. We are required to put that street through. As for circulation,there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kable is that they will see a decrease in traffic. People who are cutting through Naeve down to Kable will now likely take Lady Marion. People on that street will see more traffic,but other streets in the area will see a decrease in traffic. And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time.We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however,the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions —understanding that if the zoning change does not go through,the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable; he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109th connection is unsafe—he thinks the very top of that hill is high and there will likely be people speeding down that road—it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic,the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all,he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns,but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney—Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts —this is as good a plan as we'll likely get on this property. He understands the concern about traffic —enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight."The motion was seconded by Commissioner Feeney. July 16,2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT The motion to approve the application passed 8 — 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT—Housing Policy& Omnibus Changes PHASE III CODE AMENDMENT PROJECT—Apartment and Commercial Standards Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E) which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint (Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald July 16,2018 Page 9 of 9 z City of Tigard June 12, 2018 City of Tigard Attn: Agnes Lindor 13125 SW Hall Boulevard Tigard, OR 97223 Re: Completeness Review Chase Annexation (Case No. ZCA2018-00003) 13992 SW Fern Street (WCTM 2S104BD,Tax Lot 9400) Dear Mrs. Lindor, Staff has conducted a preliminary review of your application to annex the above-referenced property,and determined that it is complete as of June 11, 2018. Tigard Planning Commission will conduct a public hearing on your application on Monday, July 16, 2018 at 7:00 p.m. Tigard City Council will conduct a public hearing on your application on Tuesday, August 14, 2018 at 7:30 p.m. Both hearings will be located in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, OR 97223. Please feel free to contact me at (503) 718-2438 or LinaCS&Ugard-or.gov if you have any questions. Thank you, Lina Smith Assistant Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Lina Smith From: Lina Smith Sent: Monday,June 11, 2018 10:39 AM To: 'Shelley Chase' Cc: Tom McGuire Subject: RE: [QUAR] Re:Annexation options for your property Good morning Mr. and Mrs. Chase, Since I've heard back from both of you and Mr. Lewis, I'm going to begin processing both your annexation applications today. again, the annexation of your property will not be effective until 3 years after City Council signs an approving ordinance. Let me know if you have any questions. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS Qtigard-or.gov From: Lina Smith Sent:Tuesday,June 5,2018 8:27 AM To: 'Shelley Chase' Cc:Tom McGuire Subject: RE: [QUAR] Re:Annexation options for your property Thank you for letting me know, and please feel free to contact me if you have any questions about the involuntary annexation process. Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS e,tiWd-or.gov From:Shelley Chase<shchse@gmail.com> Sent:Tuesday,June 5,2018 7:37 AM To: Lina Smith<LinaCS@tigard-or.gov> Cc:Tom McGuire<TomM@tigard-or.gov> Subject: [QUAR] Re:Annexation options for your property Importance: Low Lina: Thank you for this information. As there is no benefit to us and will only increase our property taxes, we do not wish to voluntarily annex to the city of Tigard. We will wait the three years until we are forced in. Thanks, Shelley and Eric Chase i Sent from myMail for iOS Tuesday, May 29, 2018, 10:49 AM-0700 from LinaCS&ti ag rd-or gov<LinaCSgti arm d or.gov>: Dear Mr. and Mrs. Chase, Last year, city staff contacted you regarding the Island Annexations Project. The goal of this project was to annex areas of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction (referred to as "islands"). At the time, city staff did not submit annexation applications for your property (13992 SW Fern Street), or your neighbor's property (13990 SW Fern Street, owned by Mr. John Lewis). Therefore, your property and Mr. Lewis' property were not included in the Island Annexations Project that was approved by City Council last year, on June 27, 2017. I am contacting you now to discuss annexation plans for your property and Mr. Lewis' property. Annexation applications can be submitted voluntarily by the property owner, or in the case of an unincorporated island, involuntarily at the request of City Council (Oregon Revised Statutes Section 222.750): •Voluntary annexation: In this scenario, the property owner voluntarily submits an annexation application. The annexation wouldn't be effective until approximately 30 days after City Council signs an approving ordinance, and the annexation is filed with the Oregon Secretary of State. •Involuntary annexation: In this scenario,the city submits an annexation application for the island property. The annexation wouldn't be effective for at least 3 years after City Council signs an approving ordinance. City staff plans to initiate an involuntary annexation application for your property on Thursday, Tune 28, 2018. However. I wanted to contact you and see if you were interested in submitting a voluntary annexation application. On April 23, 2018, your neighbor Mr. Lewis submitted a permit application to the city for a sewer line extension that would be located adjacent to both of your properties, along SW Fern Street. City staff notified Mr. Lewis that the permit cannot be issued until his property has been annexed, in accordance with the city's policy that a property must be located within city limits prior to receiving city sewer service. Accordingly, I contacted Mr. Lewis to see if he was interested in submitting a voluntary annexation application, and I am now contacting you to see if you are interested in that option. 2 I'm happy to answer any questions and provide additional information. I can be reached at (503) 718-2438 or LinaCSL&tiga�gov. I will also mail you a letter that provides the information outlined in this e-mail. Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCSna dgard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e- mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 3