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ZCA2018-00001
ZCA2018 - 00001 SHELBY ANNEXATION Final Documents for Annexation to Tigard Metro proposal number: WA2118 Ordinance/Resolution:2018-09 Annexation: ZCA 2018-00001 DOR: 34-2351-2018 SOS: AN 2018-0056 OFFICE OF THE SECRETARY OF STATE F ARCHIVES DIVISION p DENNIS RICHARDSON MARY BETH HERKERT SECRETARY OF STATEDIRECTOR C 800 Summer Street NE Salem,Oregon 97310 (503)373-0701 Facsimile(503)378-4118 June 7,2018 City of Tigard Associate Planner 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear City Recorder: Please be advised that we have received and filed, as of June 7,2018, the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD # 2018-09 AN 2018-0056 (ZCA 2018-00001)(Shelby) For your records please verify the effective date through the applicable ORS. Our assigned file number(s) are included in the above information. Sincerely, Dani Morley Official Public Documents Cc: Department of Revenue Population Research Center DOR 34-2351-2018 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 City of Tigard boundary.changes@oregon.gov Associate Planner 13125 SW Hall Blvd Descriptimi mid Map Approved Tigard OR 97223 Mav 31, 2018 AS per ORS 308.225 Description V7 Map-Received from: Lina Smith On: 5/15/2018 This is to notify you that your boundary change in Washington County for: ANNEX to CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS ORD. #2018-09 (ZCA 2018-00001)(Shelby) (previously Delayed annexation now requesting to annex 1 of the parcels to city) has been: Approved 5/31/2018 ❑ Disapproved Notes: This 1.03-acre property was previously approved for delayed annexation, along with six (6) other properties (Tigard ORD.No. 2017-08 and DOR File No. 34-2297-2017). See the Survey#10843 and the Plat "Alpine View" for the township, range, and section info. Department of Revenue File Number: 34-2351-2018 If you have not already done so,the approved Reviewed by: Tammy Keen,Tammy.E.Keen@oregon.gov version of the map(s),legal descriptions(s)and signed ordinance must also be filed with the Boundary: SKChange ❑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 Withdrawal of a territory from a district ❑Establishment of Tax Zone 11 Dissolution of a district CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE N0. 2018-0 AN ORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APPROVING THE SHELBY ANNEXATION (ZCA2018-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b),ORS 222.125,and ORS 222.170(1) to annex contiguous territory upon receiving written consent from•owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS,the Tigard Planning Commission held a public hearing on April 16,2018,and Tigard City Council held a public hearing on May 8, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S109AB,Tax Lot 1400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2)public hearings on the issue of annexation into the City on April 16,2018 and May 8,2018; and W171E EAS,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- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A"and."B",and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00001) as findings in support of this decision;a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance With Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban-Road Maintenance District shall be the effective date of this annexation. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder.In accordance with ORS 222.180, the annexation shall be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By ZAJZQ4WW0X4-1 vote of all Council members present after being read by number and tide only,this g' day of `yYf ti ,2018. Carol A.Krager,City Recorder APPROVED: 'By Tigard City Council this 19 day of T 12018. Approved as to form: Jason B.Snider,Council President City At Certified to be a Trus Copy of ord- (y -v 9 s�g as l Original.on File Date By: Recorder-City of 1164 ORDINANCE No. 18- 0 Page 2 Date: �f EXHIBIT A Summit Land Surveyors, LLC 12950 SW Pacific Hwy, Suite 255 Tigard,OR 97223 Phone& Fax 503.928.5589 SUMMIT www.summitiandsurveyors.com LAND S Ll R V E Y R S April 16, 2018 Annexation Description Basis of Bearings: The bearings noted hereon are based on Washington County Record of Survey Number 10843. Legal description: That Tract of land described in deed to Matthew Shelby and Tabitha Shelby and recorded in document No. 2018-004647, Washington County deed records being more particularly described as follows: Beginning at the Southeast corner of Lot 21 "Alpine View", a duly recorded plat in Washington County; thence along the Westerly line of SW Alpine Crest Way and Tract"D"of said Plat and the Southerly projection thereof, S00°01'00"W, 394.85 feet to a point on the Northerly right of way line of SW Bull Mountain Road(County Road No.2515); thence along said right of way line, N60°57'30"W, 138.99 feet; thence leaving said right of way line, N00°01'00"E, 328.01 feet to a point on the Southerly line of Lot 24"Alpine View"; thence along the Southerly line of Lots 24 and 21 "Alpine View", S89°42'00"E, 121.53 feet to the point of beginning. Containing: 1.01 Acres. F GISTFESSSU GON FEBRUARY 08, 2000 JOHN R. WADE 59999 LS EXPIRES- 08/30/18 30 31 33 34 5 EXHIBIT B Z 11 m 29 4 J a Q 28 323 12 � ae w SW OUZEL LANE r w 273 2 � 13 23 3: 15 V)Li v7 A 1 14 22 z FL 2625 Q 24 Q SW STARVIEW DRIVE Q 21 vi S89'42'00"E 121.53' 20 POINT OF BEGINNING 19 18 U OfF- U Q o _ ��tK 17 o °O N �� 5 M �OOGC p in Z CO . s 0) N < S / E (C° Rp 'yoU N° 414,R 2s7� °qo tis , s s� os 3 4 7389930e41 FLA EGISTERED FESSIONAL 5 w S z S 6 > o 17 FEBRUARY 08, 2000 7 JOHN R. WADE N \ 59999 LS NOTE: EXPIRES' 06/30/20 THE BASIS OF BEARINGS NOTED HEREON ARE BASED ON WASHINGTON COUNTY RECORD OF SURVEY NUMBER 10843. PROPERTY ANNEXATION EXHIBIT TRACT AS DESCRIBED PER DOC.NO.2018-004647 SUMMITSITUATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN, LAND SURVEYOR 5 WASHINGTON COUNTY,OREGON 12950 SW PACIFIC HIGHWAY, SUITE 255 TIGARD, OR 97223JDR NO.: DJME SCALE: PREPARED FDR: PHONE & FAX: 503.928.5589 998-261 04/16/18 1"=100' MATTHEW SHELBY John, Plotted: Apr 16, 2018 — 3:14pm, P:\998-261 SW Bull Mnt Rd Ann ex\dwg\Mops\998-261—Work.dwg EXHIBIT C Hearin Date:May 8 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: SHELBY ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00001 APPLICANTS/ Matthew and Tabitha Shelby OWNERS 13285 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard.The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400 COUNTY ZONE: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes,detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet.Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2018-00001) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies:Goal 1.1;Goal 11.1,Policy 4;Goal 11.3,Policy 6;Goal 12;and Goal 14.2,Policies 1-4.Therefore,Planning Commission recommends APPROVAL of ZCA2018-00001 to City Council. SHELBY ANNEXATION PAGE 1 OF 12 ZCA2018-00001 SECTION III. BACKGROUND INFORMATION The 1.03-acre site (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) is located on the north side of SW Bull Mountain Road; east of SW 1334 Avenue,and west of SW Greenfield Drive.According to the Washington County Assessment and Taxation report, the site was developed with a detached, single- family dwelling in 1972.The property is also occupied by an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. In June 2017, City Council approved the subject property, along with six (6) other properties, for delayed annexation, as part of the "Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08,the effective date of annexation for the"Zone 3"properties is July 27,2020.However,the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer. On April 16, 2018,Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00001). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE TITLE 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 City of Tigard Community Development Code (TDC), using the approval criteria contained in TDC 18.720.030. City Council will make a decision on this application, with a recommendation from Planning Commission. Additionally, TDC 18.710 requires two public hearings: one before Planning Commission (on April 16, 2018), and one before City Council (on May 8, 2018). City staff followed public noticing requirements, in accordance with TDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222. City staff posted public hearing notices in four public places on March 22,2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16,2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial SHELBY ANNEXATION PAGE 2 OF 12 ZCA2018-00001 annexations shall be decided by the city council with a recommendation by planning commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by TDC 18.710, using the approval criteria contained in TDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 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 March 14, 2018. Public hearings for deliberations on this proposed boundary change were scheduled before Planning Commission (on April 16,2018) and before City Council (on May 8, 2018). City staff posted public hearing notices in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions SHELBY ANNEXATION PAGE 3 OF 12 ZCA2018-00001 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process, the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation property, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriffs Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rules Chapter 660,Division 25.As addressed under Comprehensive Plan,Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; SHELBY ANNEXATION PAGE 4 OF 12 ZCA2018-00001 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal.Therefore,this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office;and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB.Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection(D) and includes the following information: This staff report was made available to the public on March 29,2018,more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary parry; and SHELBY ANNEXATION PAGE 5 OF 12 ZCA2018-00001 The proposed annexation area will remain within Washington County, but will be withdrawn from the Washington County Enhanced 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 May 8, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00001, the effective date of this annexation will be upon filing with the Oregon Secretary of State,as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (TDC 18.720.030 Continued) A.2. The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely,orderly and economic provision of City of Tigard public facilities and services;affect the quality and quantity of urban services; and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation.In the case of land that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. SHELBY ANNEXATION PAGE 6 OF 12 ZCA2018-00001 TDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard 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. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on March 22,2018(Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16,2018 public hearing before the Planning Commission.Additionally,this staff report was made available to the public on March 29,2018, more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. As detailed in findings below, staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way,and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area.The subject site is currently served by an existing 10-inch water main along SW Bull Mountain SHELBY ANNEXATION PAGE 7 OF 12 ZCA2018-00001 Road.The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject property in order to connect to City of Tigard sewer.This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject property. If this annexation request is approved, the site will be withdrawn from the Enhanced 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.The applicant proposes to annex a 1.03-acre property into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street,under the City of Tigard Transportation System Plan.The proposed annexation will not impact the existing transportation system. In addition,the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way, and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve SHELBY ANNEXATION PAGE 8 OF 12 ZCA2018-00001 the existing property. Goal 12:To provide and encourage a safe,convenient, and economic transportation system. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under TDC Sections 18.720.0303 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 14.21 Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. In June 2017, City Council approved the subject property (13285 SW Bull Mountain Road; WCTM 2S109AB,Tax Lot 1400),along with six (6) other properties, for delayed annexation,as part of the"Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08, the effective date of annexation for the "Zone 3" properties is July 27, 2020. However, the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer.Annexation of Tax Lot 1400 will enable public services to be efficiently and effectively extended to the subject site. Additionally, Ordinance No. 2017-08 ensures that the unincorporated properties adjacent to Tax Lot 1400 will be annexed into the city SHELBY ANNEXATION PAGE 9 OF 12 ZCA2018-00001 on July 27, 2020; this will eliminate the "Zone 3" unincorporated islands. Accordingly, this proposed annexation request is consistent with the policy outlined above. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes;Mergers; Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election; hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. This application to annex the subject property (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) was submitted by the property owners. Additionally, the City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. Therefore, an election is not required for this annexation application. However, the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (on April 16,2018)and before City Council(on May 8,2018). City staff published,posted,and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018. SHELBY ANNEXATION PAGE 10 OF 12 ZCA2018-00001 SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of the applicant's proposal,and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal,and had no objections. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018.As of April 23,2018,no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: Map of"Zone 3 Island Annexation"Properties Attachment 3: Statement from Property Owner,dated February 6,2018 Attachment 4: City of Tigard Planning Commission,Draft Minutes dated April 16,2018 SHELBY ANNEXATION PAGE 11 OF 12 ZCA2018-00001 SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation meets all applicable approval criteria, outlined in TDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1,Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. — April 23,2018 PREPARED BY: Lina Smith Assistant Planner h April 23,2018 APPRO'VED BY: Tom McGuire Assistant Community Development Director SHELBY ANNEXATION PAGE 12 Or 12 ZCA2018-00001 Uzi Attachment 1: Zoning Map H iz _. ri W ��}.......... R 7 Generalized Zoning Categories NTAIN RIDGE CT - Z cc WIL R-7 3 Zoning Descri to ion DR w CL LL M v Z L Residential � PR Mixed Use Residential Z O < a Mixed Use Central Business District a TER Commercial � EpH STARVIEW DR Mixed Use Employment O R=7 (PD) ago ■ M i - ■ � „n industrial .. of i O Parks and Recreation � ■ ■ Washington County Zoning Overlay Zones a Z Historic District Overlay tr*t 'OC u.r Planned Development Overlay �! Qty 2 � "' Subiect Site Q� W PR Cot .3' Q r ■ M- r �■ -Ir ! • •� BATTER Q N LN W Map printed at 11:20 AM on 06-Apr-18 P R-7 Mbm,fi-on M a map ie for g—I location oMy a tl—0d be v,HW with the DevebpmeM Servlcea dvhion. RHETT I ---` DATA IS DEFINED FROM MULTIPLE SOURCES.THE CITY OFTIGARD MAKES NO WACCURACY TIMEL NESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE I M CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR O _ I INACCURACIES N THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 4 C, COMMUNITY COMMUNITY DEVELOPMENT DEPARTMENT Q �F City of Tigard `Pj� MADDIE LN 1iGgRM13125 SW Hall Blvd gps Tigard,OR 97223 503 639-4171 r.gov -e 14 hl www t gardo ■ ST 1A N z Attachment 2: a N z Zone 3 Island Annexation �- O� .4 w W NTAIN R►OGE CT o WIL Under Ordinance No. 2017-08, a N City Council approved the k? w 3 ~ subject property, along with six m a (6) other properties, for delayed LN annexation, which will be 41PINE VIE DR Z a effective on July 27, 2020. z �Q v m oc 3 The subject property owners lF a / now request to annex AH TER z u+ immediately, in order to hook up Subject Property STARVIEW DR to city sewer. 13Q O ■. ■ • ■� ■�' TH zRVIE� a a o c .01 > UJQ NICOLE �N FT 0 R e�ZL MOUNTAIN P sc9�! BATTERSON LN t RD i �A .► W RHETT o�c ENA M QQ- AF9 T ti T heti 9F ■ ■ MADDIE LN Feet r 0 334 _ Attachment 3 Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected. While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank.The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life. The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020.That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby Attachment 4 CITY OF TIGARD PLANNING COMMISSION Minutes,April 16,2018 Location:Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Alt. Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: Commissioner Lambert Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Lina Smith,Assistant Planner COMMUNICATIONS - None CONSIDER 3/19/18 MINUTES President Fitzgerald asked if there were any additions, deletions, or corrections to the March 19 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING SHELBY ANNEXATION QUASI-JUDICIAL ANNEXATION ZCA2018-00001 REQUEST: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400. April 16,2018 Page 1 of 3 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: None. Ex-parte contacts: None. Site visitations: Commissioners Jackson, Feeney, and Schmidt. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00001 to City Council. APPLICANT PRESENTATION —Applicant not present. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a brief deliberation,Vice President Feeney made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00001 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Roberts seconded the motion. VOTE -All in favor—none opposed. April 16,2018 Page 2 of 3 RESULT - Motion for approval passes unanimously. OTHER BUSINESS -Tom McGuire,Assistant Community Development Director let the commissioners know that Commissioner Jan Lambert had resigned from her position,and that this leaves an open voting position. He said he will advise the Mayor of the resignation, and told the commissioners that Mayor Cook and City Council Liaison Tom Anderson will make a decision as to how to fill the balance of that open term. Tom noted that there is a public hearing scheduled for May 21 and that others would be upcoming as well. He asked the commissioners if they had ideas on topics they would like to learn more about in future meetings and he took note of the various interests for future discussion. ADJOURNMENT President Fitzgerald adjourned the meeting at 7:30 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald April 16,2018 Page 3 of 3 Exhibit z� CITY OF ' 1 • e c t a n • C a r e Do the Right Thing G e t i t D • A Shelby Annexation ZCA2018-00001 Presented to Tigard Planning Commission I April 16, 2018 Zone 3 Island Annexation 1 . W .. NTAIN III GE CT M– Under Under Ordinance No. 2017-08, �j_¢LI� — City Council approved the _ I ��I– — J/ ✓ subject property,along with six 6 tDIN IE R _~ S ~ �� I i J� an other properties,for delayed ����-t annexation, which will be effective on July 27,2020. 1– z I I ]— �Q ---1 I� Y -- --- r= �"ac ��� � 7f The subject property owners <fqH rER � TISQI W f--�. ( I I now request to annex 1_ 1 o city sewer,in order to hook up Subject Property --AA VIEW 0>R v� to city sewer. 1 X11—� -�..�♦ O - � .:�p I I L -- 'a I eVlLMOUNTAIN Q - 41 LL RHETT ¢I I EI'�Ai - LLJL �� Fqr t� I I iT� p ' MADDIE LN Rn 11-T -T I---/ t� �� �--- sr'pnMes LN fi Zoning Map �o� 1 Iz 3 yE o �� "' ~ Generalized Zoning Categories > GNTAIN R1OGF CT �c R-� .. z WILS0• __.. F- „I_. Lonim�Descriotion -, .. HOODVISTA LN D - -'r �-�'�71�!♦M!• R "' �' °' -� z z o• -, Residential PR Mixed Csx Residential v - -- d �, - ti WMixcdtise Central Ausincss District +.CAI{TER 1 'z i I Commercial m STA RVIEW DR "Mixed Tsc Lmployntcnt ♦ ♦ .--- ,� Industrial afaalatap�-- - I W`t a„.,9 Warks and Recreation ♦♦ p7 -.. W ashimgton Comity Zoning � '._ __. - 1 2 ♦. ( Overlay Zones Historic Diswct Overlay . z -.. Q a o t •�. �__- >. Planned Development Overlay -- � � o N, r1,9"'iH ,- D u \ .y"> Q „\ - . ———— BA7TEk561y LN P � Mapputedct 1120AMm O6-APr18 R • y t '.RHETT�-- ��I ate, qF CTS r- --I---��I -- - I �I=i." 9 m I — �wJ (:UMMUNITY MY O MENTm ARTMENT I i 1�253W He Bhrd Oq„ — MADDIE LN ,� __. ,T •�IGA" APS TeOR P''12] g3e0 r' s��, _ I r j i M wwM Pg-tlC w MEETING RECORDS o City of Tigard Tigard City Council Meeting Minutes E May 8, 2018 STUDY SESSION—6:30 p.m. Council Present: Council President Snider,Councilor Woodard,Councilor Goodhouse and Councilor Anderson. Council Absent: Mayor Cook Staff Present: City Manager Wine,Assistant City Manager Zimmerman,City Attorney Rihala and City Recorder Kragen A. COUNCIL LIAISON REPORTS Councilor Anderson discussed the Willamette Intake Facility (WIF) meeting that he and Councilor Goodhouse attended and said officers were elected. Council President Snider and Councilor Woodard attended the Tigard Water District meeting with Durham and discussed some outstanding issues. Administrative Items: City Attorney Rihala gave an update to council and said the Martin Appeal is going to the Court of Appeals. Council Outreach: City Manager Wine said the next fifth Tuesday is on July 31 and asked council what they wanted to do for council outreach. National Night Out is the next week. Cookin'with the Council was suggested as a format and it could be held at Rotary Plaza or another downtown location. City Manager Wine reminded council that the May 15 meeting is cancelled. Summer Calendars: City Manager Wine will send out a call for vacation dates. Council President Snider said he will be unavailable on July 31 or August 14. 1. BUSINESS MEETING A. At 7:32 p.m.Council President Snider called the City Council,Local Contract Review Board and Town Center Development Agency to order. B. City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 1 of 12 Present Absent Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ C. Council President Snider 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. Police Update—Police Chief McAlpine gave an update to Council on crime trends in Tigard.Person crimes increased by 28 percent since last year and property crimes are up by 20 percent. There has been a big spike in motor vehicle theft. Chief McAlpine said public safety announcements were sent out regarding leaving valuables in cars. Dispatch calls continue to increase and they are at a 14 percent increase year to date.At the Community Shred event police staff said there were 500 people and 10,000 pounds of paper were shredded. Police will be assisting with National Bike and Walk to work Day on May 9.A safety belt enforcement blitz is upcoming. Councilor Woodard asked if the rash of vehicle thefts were gang related. Chief McAlpine said graffiti is gang related but stolen cars are more related to drug activity. C. THS Envoy Sierra Kruse updated council on Tigard High activities.The Tigerettes just earned first in state and the girls basketball team made it to the playoffs. Students are currently getting ready for prom and elections for next year's leadership positions. D. Tigard Area Chamber of Commerce—CEO Mollahan reported on Chamber activities and upcoming events. Today was the last day for the 2018 Leadership Tigard class. They toured the Police Department,TVF&R Station 51,and received a report on the CERT program.The Tigard Farmers Market held their opening day at their new location last Sunday and they had over 600 patrons,two times last year's opening numbers. Ms. Mollahan thanked Public Works,the Police Department and TVF&R for their help with new market location logistics. She said the Art Walk is scheduled for June 1-3 and will have a Pop-up Gallery at the Tigard Tap House. September 8 is the date for the Downtown Street Fair. E. Citizen Communication. No one signed up to speak. TIGARD CITY COUNCIL MEETING MINUTES— May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 12 3. CONSENT AGENDA: (Tigard City Council)— A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. PROCLAIM TAKE KIDS TO PARK DAY C. PROCLAIM MAY 20-26 AS EMS WEEK D. CONSIDER RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS'COMPENSATION COVERAGE RESOLUTION NO. 18-24-A RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS'COMPENSATION COVERAGE Councilor Goodhouse moved to remove the EMS Week proclamation from the Consent Agenda for separate consideration. Councilor Woodard seconded the motion and all voted in favor. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Councilor Woodard moved to approve the consent agenda as presented with the EMS Week proclamation removed for separate consideration. Councilor Anderson seconded the motion. All voted in favor of the consent agenda. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Metro West Ambulance paramedic supervisor Kevin Rench thanked the city on behalf of all EMS workers for their supportwith this proclamation. Council President Snider expressed appreciation to them for their service and as a former paramedic and person who worked as in EMS for many years,he said the entire community appreciates the work done by everyone in the EMS system. Councilor Goodhouse moved for approval of the EMS Week TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 12 proclamation and Councilor Anderson seconded the motion.The motion was approved unanimously. Council President Snider and Mr. Rench stood for a photo with the EMS Week proclamation. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 4. APPROVE RESOLUTION TO APPOINT A PLANNING COMMISSION MEMBER Assistant Community Development Director McGuire presented this item. This appointment is for Melanie Brook to become a voting member to a position vacated by Commissioner Lambert who resigned in April. She has been a regular non-voting member and has attended Planning Commission meetings regularly. Councilor Woodard moved to approve Resolution No. 18-25 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution.Council President Snider conducted a vote and the resolution passed unanimously. Resolution No. 18-25—A RESOLUTION APPOINTING MELANIE BROOK AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION TO FILL FORMER COMMISSIONER LAMBERT'S UNEXPIRED TERM Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 5. RECEIVE UPDATE FROM 2017-2018 LEADERSHIP TIGARD CLASS Two members of the 2017-18 Leadership Tigard class,Renee Brouse and Allison Burke,spoke about their experiences and learning opportunities they received as part of this year's class. Several other participants were in the audience.They learned a variety of aspects to the community including government,history,and culture. Due to the impact of Human Needs and Services Day their class chose a project called,"Fresh Start Kits,"and collected donated items for 297 kits to be distributed to the area's most needy population. Council President Snider commended the class for coming up with this idea and getting them into the right people's hands. Councilor Woodard asked if they learned how many homeless kids are in the Tigard area. The Point in Time count has not been finalized but the school district estimates there are about 200-300. Councilor Woodard TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov ( Page 4 of 12 commented that this has not changed much over the years. He thanked the Leadership Tigard class for the work they did. 6. CONSIDER A REGIONAL FLEXIBLE FUND IGA FOR MAIN STREET PHASE 2 Assistant City Engineer McMillan gave the staff report and described this first step in a Flexible Fund exchange process that kicks off the Main Street Phase 2. Oregon Department of Transportation,Metro and TriMet have been working together on a fund exchange to de-federalize some projects and bolster other projects that are federalized. This would release ODOT from their agreement,which provided funds for Main Street Phase 2 and then staff will return with another agreement with Metro that provides the funds for this project.The funds from this agreement will go towards the RFFA trail project and some other projects. Councilor Woodard moved to adopt the IGA amendment. Assistant City Engineer McMillan said staffs recommendation for a motion to terminate the local agency agreement with ODOT. Councilor Woodard rescinded his motion. Council President Snider asked for clarification of Agenda Item No. 6 and what action council was being asked to take. Councilor Woodard moved to authorize signing Amendment No. 1 terminating Local Agency Agreement 28978 entered into on May 23,2013. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 7. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE TIEDEMAN CONNECTION IGA BETWEEN METRO AND TIGARD Engineering Project Coordinator Staedter gave the staff report and said this project is to fill in one of the gaps on the Fanno Greenway Trail in Woodard Park near the Tiedeman Avenue crossing from Dirksen Nature Park. The project costs changed since 2013 due to the boom in construction projects and the fact that staff realized a larger bridge was needed to handle non-motorized traffic on this trail. After a hydraulic analysis and an ADA grade analysis were complete staff went to Metro and discussed the cost changes. This IGA changes the name of Metro's project management department from their Planning Department to their Program Project Managers and also accepts the additional$140,000 in costs from Metro to complete the project. Councilor Anderson made a motion to approve the IGA amendment between Metro and Tigard for the Tiedeman Connection. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 12 Yes No Councilor Goodhouse `/ Council President Snider `/ Councilor Woodard Councilor Anderson Mayor Cook (Absent) 8. CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 2.12 a. Council President Snider opened the public hearing. b. Parks Division Manager Martin gave the staff report and said the Park and Recreation Board has requested to change their election of officers so it is more in sync with their board member terms which run July through June. They also consulted with City Attorney Rihala and removed the secretary as an office PRAB votes for because they have not elected one and staff takes minutes for their meetings. Another major change is term limits were also removed. C. No one asked to speak. d. There was no staff rebuttal as there was no public testimony. Parks Division Manager Martin said staff recommends that council adopt the changes. e. Councilor discussion and consideration: Councilor Woodard asked if Mr.Martin was concerned that the lack of term limits will limit the competition or current skill sets. Parks Manager Martin said the City Code said PRAB members can serve two terms but there was an instance where a valuable and experienced member who was the chair had to quit for a short period and then be reappointed. Councilor Woodard asked if there had been any conversation about a cap on the number of years served. Mr.Martin said anyone on the Board has to reapply every four years.City Manager Wine said the application process for PRAB and other boards and commissions remains the same. She said this request is similar to the direction other boards and commissions are going in removing term limits. f. Council President Snider closed the public hearing. g. Councilor Goodhouse moved to adopt Ordinance No 18-08 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 18-08—AN ORDINANCE AMENDING TIGARD MUNCIPAL CODE CHAPTER 2.12 TO MAKE THE ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONSISTENT WITH THE TERMS OF APPOINTMENT TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 12 Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider announced that Ordinance No. 18-08 passed by a unanimous vote of council present. 9. CONSIDER RESOLUTION AMENDING THE PARK AND RECREATION ADVISORY BOARD BYLAWS Parks Division Manager Martin presented this item. He said it keeps consistency with the changes council approved under Agenda Item No. 8.Term limits are removed and officers will be elected at the first meeting after July 1. Councilor Woodard moved to approve Resolution No. 18-26. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Council President Snider conducted a vote and the motion passed unanimously. Resolution No. 18-26—A RESOLUTION UPDATING THE PARK AND RECREATION ADVISORY BOARD BYLAWS Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 10. QUASI-JUDICIAL PUBLIC HEARING: SHELBY ANNEXATION (ZCA2018-00001) a. Council President Snider opened the public hearing. b. Hearing Procedures—City Attorney Rihala read the hearing procedures and said the decision must be based on the following substantive criteria:Community Development Code Chapters 18.710 and 18.720,Comprehensive Plan Goals 1, 11, 12 and 14,Metro Code Chapter 3.09,and Oregon Revised Statutes Chapter 222. C. Council President Snider asked Council if any member had a conflict of interest or ex parte contact. Council responded that they had none. d. Council President Snider asked if anyone in the audience challenged the participation of a Council member.No challenge was raised. TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 12 e. Staff Report—Associate Planner Smith gave the staff report for annexation of a 1.03 acre lot located on the north side of SW Bull Mountain Road and approved last year for delayed annexation as part of Zone 3 annexation. The effective date of Zone 3 was July 27,2020, however,current property owners wish to annex so they can hook up to city sewer immediately.Public Works staff reviewed this proposal and has determined that the City's sewer system has adequate capacity to serve this property.She had a letter from the applicant requesting this annexation.The requested annexation meets all applicable requirements. On April 16,2018,the Planning Commission recommended approval of the annexation. f. The applicant will testify. Not present g. Public Testimony: Council President Snider called for any public testimony. No one signed up to speak or requested to testify. h. Response to testimony by staff- There was none. i. Applicant rebuttal to testimony-There was none. j. Council President Snider closed the hearing. k. Council Discussion and Consideration-Ordinance No. 18-09 Councilor Goodhouse moved to approve Ordinance No. 18-09.Councilor Anderson seconded the motion. City Recorder Kraget read the number and title of the ordinance. ORDINANCE NO. 18-09—AN ORDINANCE ANNEXING ONE(1) PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APROVING THE SHELBY ANNEXATION (ZCA2018-00001),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT City Recorder Krager conducted a roll call vote. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES—May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 12 11. COUNCIL CONSIDERATION OF AMENDMENT#6 TO THE CITY CENTER URBAN RENEWAL PLAN Redevelopment Manager Farrelly presented this item and said it is approval of a series of city council and urban renewal board actions resulting in a major milestone in downtown urban renewal—the redevelopment of agency-owned Main Street at Fanno Creek properties into a mixed use development. The first action is council approval of an urban renewal plan amendment adding the two properties to the list of properties to be disposed of under Project I—Real property disposition in the City Center Urban Renewal Plan.A major goal of that plan is to promote high quality development of retail,office and residential uses. There will be a mirroring action of the Town Center Development Agency. Councilor Anderson moved to approve Resolution No. 18-27. Councilor Woodard seconded the motion.City Recorder Krager read the number and title of the resolution. Resolution No. 18-27—A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET (TAX LOT IDS 2S101AB02000 AND 2S 102AB02100) Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider announced that the motion passed unanimously. Council President Snider convened the Town Center Development Agency Board. 12. TCDA BOARD CONSIDERATION OF AMENDMENT#6 TO THE TOWN CENTER URBAN RENEWAL Redevelopment Manager Farrelly presented this agenda item and said staff is requesting that the TCDA Board approve a plan amendment for these same properties to be disposed of under Project I under the City Center Urban Renewal Plan. Director Woodard moved to approve TCDA Resolution No. 18-02. Director Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 18-02— A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET(TAX LOT IDS 2S101AB02000 AND 2S102AB02100) TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov ( Page 9 of 12 Yes No Director Goodhouse ✓ Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Chair Cook (Absent) Director Snider announced that TCDA Resolution No. 18-02 was adopted unanimously. 13. CONSIDER RESOLUTION FOR TOWN CENTER DEVELOPMENT AGENCY DEVELOPMENT AND DISPOSITION AGREEMENT Redevelopment Project Manager Farrelly presented this item.Authorization is being requested for the TCDA Executive Director to execute a Disposition and Development Agreement with Ava Tigard Development LLC to redevelop the Main Street at Fanno Creek properties.These two properties were acquired by the TCDA in 2015. With the help of$400,000 in EPA Brownfield grants the city successfully cleared and mediated the properties and we are about to receive a Prospective Purchaser Agreement—Certificate of Completion from DEQ. Mr. Farrelly noted that Ava Roasteria is a local chain of cafes and one of the LLC principals is present tonight,Amy Saberiyan. He said the owners will be the principals in the LLC. They have experience developing former brownfields which is a plus. Development plans include a branch of their cafe,a bakery,roasting facility and three or four floors of condominiums with parking underneath the building. There will also be a public deck facing Fanno Creek.A concept plan is posted on the wall in Town Hall which will be similar to an earlier plan but it will pull back the building away from the creek a little more. Exhibit B to the DDA will be the concept plan drawing. Mr. Farrelly said the DDA sets out responsibilities for Ava and the TCDA.The developers will pay the appraised fair market value and earnest money is due five days after execution of the agreement. There will be 12 months to close and during that time they will be submitting the project plans, doing any required land use review,holding a public meeting,and getting the TCDA Board's approval of final plans for the site.They will submit their financial plan for review. Construction will commence in not less than 12 months of closing and must be substantially completed within two years of closing. He noted that Dan Olsen,the attorney who worked on this agreement is present and can answer any questions on the agreement and details. Director Woodard asked if the design establishes piers or if it will be tagged off on the Main Street Bridge.Redevelopment Project Manager Farrelly said the best way to get the public deck is some sort of cantilevering off the side of the bridge or the property.Reestablishing new piers would require an entire new level of review,taking a lot of time and money. Director Woodard asked about the old piers and Mr.Farrelly said the original idea was to use two existing piers to hold up the deck and Clean Water Services and Army Corps of Engineers signed off on that but when the building was removed it turns out that the building was holding the pillars down and in a flood event they may not be safe. Few alternatives were available besides removing them. TIGARD CITY COUNCIL MEETING MINUTES--May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 10 of 12 Director Snider said this has been a long time coming and he was excited to act on this. He was glad one of the owners was present and he thanked them for their hard work for the city. City Attorney Rihala recommended the motion be read as printed."I move to approved Resolution No. 18-03 with Exhibit B to be added upon its completion. Director Goodhouse moved to approve Resolution No. 18-03 with Exhibit B to be added upon its completion. Director Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 18-03—A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO EXECUTE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH AVA TIGARD DEVELOPMENT LLC TO REDEVELOP THE MAIN STREET AT FANNO CREEK PROPERTIES (TAX LOTS 2S102AB02000 AND 2S102AB02100) Yes No Director Goodhouse ✓ Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Chair Cook (Absent) Chair Snider announced that the motion passed unanimously. He thanked staff for all their work on this for over six years. Chair Snider reconvened the Tigard City Council 14. EXECUTIVE SESSION—None. 15. NON AGENDA ITEMS—None. 16. ADJOURNMENT At 8:28 p.m.Councilor Goodhouse motioned for adjournment. Councilor Woodard seconded the motion and Council President Snider conducted a vote. The motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 12 'e-11A Carol A.Krager,City Recorder Attest: Jaso hider,Council President �'1 1 t l Date TIGARD CITY COUNCIL MEETING MINUTES—May 8,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.6gard-or.gov I Page 12 of 12 Printed Agenda http://agendas.tigard-or.gov/print_agenda.cfin?seq=1399&reloaded=t... . City of Tigard Tigard Business Meeting—Agenda • r TIGARD CITY COUNCIL &TOWN CENTER DEVELOPMENT AGENCY Agenda Order Revised and Police Chief Report Added on 5/8/18 MEETING DATE AND TIME: May 8, 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 heard 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 Deaf). 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.tip,ard-or.gov/city hall/council meeting.php 1 of 5 6/8/2018,5:57 PT Printed Agenda http://agendas.tigard-or.gov/print_agenda.cfin?seq=1399&reloaded=t... 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. 2 of 5 6/8/2018,5:57 PM Printed Agenda http://agendas.tigard-or.gov/print_agenda.cfin?seq=1399&reloaded=t... Cita of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL &TOWN CENTER DEVELOPMENT AGENCY Agenda Order Revised and Police Chief Report Added on 5/8/18 MEETING DATE AND TIME: May 8, 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 • 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. A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time 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 3 of 5 6/8/2018,5:57 PM Printed Agenda http://agendas.tigard-or.gov/print agenda.cfm?seq=1399&re1oaded=t... 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Report from Police Chief McAlpine E. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) 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. PROCLAIM TAKE KIDS TO PARK DAY C. PROCLAIM MAY 20-26 AS EMS WEEK D. CONSIDER RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS' COMPENSATION COVERAGE • Consent Agenda-Items Removed for Soarate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Cound1l City Center Development Agency has voted on those items which do not need discussion. 4. APPROVE RESOLUTION TO APPOINT A PLANNING COMMISSION MEMBER 7:35 p.m. estimated time 5. RECEIVE UPDATE FROM 2017-18 LEADERSHIP TIGARD CLASS 7:40 p.m. estimated time 6. CONSIDER A REGIONAL FLEXIBLE FUND IGA FOR MAIN STREET PHASE 2 7:50 p.m. estimated time 7. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE TIEDEMAN CONNECTION IGA BETWEEN METRO AND 4 of 5 6/8/2018,5:57 PM Printed Agenda http://agendas.tigard-or.gov/print_agenda.cfm?seq=1399&reloaded=t.. TIGARD 8:05 p.m. estimated time 8. CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 2.12 8:10 p.m. estimated time 9. CONSIDER RESOLUTION AMENDING THE PARK AND RECREATION ADVISORY BOARD BYLAWS 8:20 p.m. estimated time 10. QUASI-JUDICIAL PUBLIC HEARING: SHELBY ANNEXATION (ZCA2018-00001) 8:25 p.m. estimated time 11. COUNCIL CONSIDERATION OF AMENDMENT #6 TO THE CITY CENTER URBAN RENEWAL PLAN 8:35 p.m. estimated time 12. TCDA BOARD CONSIDERATION OF AMENDMENT #6 TO THE CITY CENTER URBAN RENEWAL PLAN 8:40 p.m. estimated time 13. CONSIDER RESOLUTION FOR TOWN CENTER DEVELOPMENT AGENCY DEVELOPMENT AND DISPOSITION AGREEMENT 8:45 p.m. estimated time 14. 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. 15. NON AGENDA ITEMS 16. ADJOURNMENT 9:00 p.m. estimated time 5 of 5 6/8/2018,5:57 PNS Print Agenda Item Summary http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=3437&rev nu... AIS-3437 10. Business Meeting Meeting Date: 05/08/2018 Length (in 10 Minutes minutes): Agenda Title: Quasi-judicial Public Hearing: Shelby Annexation (ZCA2018-00001) Prepared For: Lina Smith, Submitted By: Lina Smith, Community Development Item Type: Ordinance Meeting Type: Council Business Meeting-Main Public Hearing- Quasi-Judicial Public Hearing: Yes Publication Date: Information ISSUE Consider adoption of an ordinance to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. This 1.03-acre property was originally approved by City Council for delayed annexation, as part of the Zone 3 Island Annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately in order to connect to city sewer. STAFF RECOMMENDATION /ACTION REQUEST Planning Commission recommends City Council approve the proposed Shelby Annexation (ZCA2018-00001) by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY In June 2017,City Council approved the subject property (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400),along with six (6) other properties, for delayed annexation as part of the "Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08, the effective date of annexation for the"Zone 3"properties is July 27,2020. However,the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer. On April 16,2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00001). No public testimony was received. After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. Urban services are available to the proposed annexation area and are of sufficient capacity to provide service. The subject site is located within the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Urban Road Maintenance District. The attached ordinance addresses removal from these districts. The proposed annexation meets all applicable approval criteria in the Tigard Community Development Code,Tigard Comprehensive Plan,Metro Code,and state statutes. OTHER ALTERNATIVES Adopt findings to deny the application. 1 of 2 6/8/2018,5:57 PM Print Agenda Item Summary http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=3437&rev nu... 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 June 27,2017 Attachments Ordinance No. 18-09 Ordinance for Annexation Exhibit A Exhibit B Exhibit C PowerPoint 2 of 2 6/8/2018,5:57 PM CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018-0— AN ORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APPROVING THE SHELBY ANNEXATION (ZCA2018-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER. DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b),ORS 222.125,and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS,the Tigard Planning Commission held a public hearing on April 1 ,2018,and Tigard City Council held a public hearing on May 8, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S109AB, Tax Lot 1400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2)public hearings on the issue of annexation into the City on April 16,2018 and May 8,2018;and WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation, or to the City designations which are the most similar; and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09,and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan,and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 18-Q Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits"A"and"B",and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00001) as findings in support of this decision;a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property froin the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder.In accordance with ORS 222.180, the annexation shall be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only,this g' 't day of `7'J/e��� ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this 19 day of '2018. Approved as to form: Jason B.Snider,Council President City Ar Cert W to be a True Copy of Drc- !p-0 9 Original=on File Date By; `Z;; &{°A Recorder-City ot 74W— ORDINANCE No. 18- 07 " Page 2 ate: Q y EXHIBIT A Summit Land Surveyors, LLC 12950 SW Pacific Hwy, Suite 255 Tigard, OR SUMMIT Phone& Fax 503.503.928.5589 www.summitiandsurveyors.com LAND SURVEYORS April 16,2018 Annexation Description Basis of Bearings: The bearings noted hereon are based on Washington County Record of Survey Number 10843. Legal description: That Tract of land described in deed to Matthew Shelby and Tabitha Shelby and recorded in document No. 2018-004647, Washington County deed records being more particularly described as follows: Beginning at the Southeast corner of Lot 21 "Alpine View", a duly recorded plat in Washington County; thence along the Westerly line of SW Alpine Crest Way and Tract"D"of said Plat and the Southerly projection thereof,S00°01'00"W, 394.85 feet to a point on the Northerly right of way line of SW Bull Mountain Road(County Road No.2515); thence along said right of way line, N60057'30"W, 138.99 feet; thence leaving said right of way line, N00001'00"E, 328.01 feet to a point on the Southerly line of Lot 24"Alpine View"; thence along the Southerly line of Lots 24 and 21 "Alpine View", S89042'00"E, 121.53 feet to the point of beginning. Containing: 1.01 Acres. rREG'S TERED PLAROFESSIONAL N SU G N FEBRUARY 08, 2000 JOHN R. WADE 59999 LS EXPIRES- 06/30/18 30 31 33 34 5 EXHIBIT B z 11 m 29 4 J a Q 28 32 3 c 3 12 P5 w SW OUZEL LANE J J 27 < 2 13 2315 15 J � 1 14 22 z 26 � J 25 Q 24 3 SW STARVIEW DRIVE P 21 V) S89'42'00"E 121.53' F 20 POINT OF BEGINNING 19 18 U U a w ��1 17 � o - 0 0 ooa co X06 3. p M �OO6 0 to z 00 . �T 0 M Q (c0 MO/, RO No R . 2S's� OqO N6ps,, S 3 4 g9 0'ty REGISTERED PROFESSIONAL 5w LA S z Sy, 6 > �NcOs cT I M E ON �, 17 FEBRUARY 08, 2000 7 3:: \ JOHN R.059999 LS \ EXPIRES.• 06/30/20 NOTE: THE BASIS OF BEARINGS NOTED HEREON ARE BASED ON WASHINGTON COUNTY RECORD OF SURVEY NUMBER 10843. PROPERTY ANNEXATION EXHIBIT TRACT AS DESCRIBED PER DOC. NO.2018-004647 SUMMITSITUATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN, LAND SURVEYORS WASHINGTON COUNTY,OREGON 12950 SW PACIFIC HIGHWAY, SUITE 255 TIGARD, OR 97223 JOB NO.: ID— PRIPAR1111— ' FDR: PHONE & FAX 503.928.5589 998-261 04/16/18 1 =100 MATTHEW SHELBY John, Plotted: Apr 16, 2018 — 3:14pm, P:\998-261 SW Bull Mnt Rd Annex\dwg\Maps\998-261—Work.dwg EXHIBIT C Hearin Date:May 8 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: SHELBY ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2018-00001 APPLICANTS/ Matthew and Tabitha Shelby OWNERS 13285 SW Bull Mountain Road Tigard,OR 97224 PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard.The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400 COUNTY ZONE: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes,detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet.Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2018-00001) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720,and the following Comprehensive Plan Goals and Policies:Goal 1.1;Goal 11.1,Policy 4;Goal 11.3,Policy 6;Goal 12;and Goal 14.2,Policies 1-4.Therefore,Planning Commission recommends APPROVAL of ZCA2018-00001 to City Council. SHELBY ANNEX 'nON PAGE 1 OF 12 ZCA2018-00001 SECTION III. BACKGROUND INFORMATION The 1.03-acre site (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) is located on the north side of SW Bull Mountain Road;east of SW 133`d Avenue,and west of SW Greenfield Drive.According to the Washington County Assessment and Taxation report, the site was developed with a detached, single- family dwelling in 1972.The property is also occupied by an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. In June 2017, City Council approved the subject property, along with six (6) other properties, for delayed annexation, as part of the "Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08,the effective date of annexation for the"Zone 3"properties is July 27,2020.However,the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer. On April 16, 2018,Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00001). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1;Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the City of Tigard Community Development Code (TDC),using the approval criteria contained in TDC 18.720.030. City Council will make a decision on this application, with a recommendation from Planning Commission. Additionally, TDC 18.710 requires two public hearings: one before Planning Commission (on April 16, 2018), and one before City Council (on May 8, 2018). City staff followed public noticing requirements, in accordance with TDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222. City staff posted public hearing notices in four public places on March 22,2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16,2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial SHELBY ANNEXATION PAGE 2 OF 12 ZCA2018-00001 annexations shall be decided by the city council with a recommendation by planning commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by TDC 18.710, using the approval criteria contained in TDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval Criteria. The approval authority shall approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to, and do not supersede, applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on March 14, 2018. Public hearings for deliberations on this proposed boundary change were scheduled before Planning Commission (on April 16, 2018) and before City Council (on May 8, 2018). City staff posted public hearing notices in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions SHELBY ANNEXATION PAGE 3 OF 12 ZCA2018-00001 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process,the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard,Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation property, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriffs Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site,and Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rules Chapter 660,Division 25.As addressed under Comprehensive Plan,Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; SHELBY ANNEXATION PAGE 4 OF 12 ZCA2018-00001 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office;and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB. Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection(D) and includes the following information: This staff report was made available to the public on March 29,2018,more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and SHELBY ANNEXATION PAGE 5 OF 12 ZCA2018-00001 The proposed annexation area will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriff's Patrol District, and the Washington County Urban Road Maintenance District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on May 8, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00001, the effective date of this annexation will be upon filing with the Oregon Secretary of State,as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (TDC 18.720.030 Continued) A.2.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely,orderly and economic provision of City of Tigard public facilities and services;affect the quality and quantity of urban services; and eliminate or avoid unnecessary duplication of facilities or services. Accordingly,staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation.In the case of land that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. SHELBY ANNEXATION PAGE 6 OF 12 ZCA2018-00001 TDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Districts/Plan Desi ation City of Tigard Zoning � Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre 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. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on March 22,2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16,2018 public hearing before the Planning Commission.Additionally,this staff report was made available to the public on March 29,2018, more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. As detailed in findings below, staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way,and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area.The subject site is currently served by an existing 10-inch water main along SW Bull Mountain SHELBY ANNEXATION PAGE 7 OF 12 ZCA2018-00001 Road.The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject property in order to connect to City of Tigard sewer.This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Police—City of Tigard Police Department.The Washington County 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.The applicant proposes to annex a 1.03-acre property into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street,under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition,the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way, and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve SHELBY ANNEXAMN PAGE 8 OF 12 ZCA2018-00001 the existing property. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal, and had no objections. Goal 14.2, Policy 1:The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under'IDC 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. In June 2017, City Council approved the subject property (13285 SW Bull Mountain Road; WCTM 2S109AB,Tax Lot 1400),along with six (6) other properties, for delayed annexation,as part of the"Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08, the effective date of annexation for the "Zone 3" properties is July 27, 2020. However, the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer.Annexation of Tax Lot 1400 will enable public services to be efficiently and effectively extended to the subject site. Additionally, Ordinance No. 2017-08 ensures that the unincorporated properties adjacent to Tax Lot 1400 will be annexed into the city SHELBY ANNEXATION PAGE 9 OF 12 ZCA2018-00001 on July 27, 2020; this will eliminate the "Zone 3" unincorporated islands. Accordingly, this proposed annexation request is consistent with the policy outlined above. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes;Mergers; Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. This application to annex the subject property (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) was submitted by the property owners. Additionally, the City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. Therefore, an election is not required for this annexation application. However, the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (on April 16,2018)and before City Council(on May 8,2018). City staff published,posted,and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018. SHELBY ANNEXATION PAGE 10 OF 12 ZCA2018-00001 SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of the applicant's proposal,and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal,and had no objections. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018. As of April 23,2018, no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2:Map of"Zone 3 Island Annexation"Properties Attachment 3: Statement from Property Owner, dated February 6,2018 Attachment 4: City of Tigard Planning Commission,Draft Minutes dated April 16,2018 SHELBY ANNEXATION PAGE 11 OF 12 ZCA2018-00001 SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation meets all applicable approval criteria,outlined in TDC Chapters 18.710 and 18.720;Comprehensive Plan Goal 1.1, Goal 11.1,Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. _April 23,2018 PREPARED BY: Lina Smith Assistant Planner r April 23,2018 APPROVED BY: Tom McGuire Assistant Community Development Director SHELBY ANNEXATION PAGE 12 ON 12 ZCA2018-00001 Fes.. S �j----- ?� Attachment 1: Zoning Map 1-4 Uj Generalized Zoning Categories to `S ' NTAIN RIDGE CT R-7 Z WIL R-7 (PD)' R-7 / 3 � ' - Zoning 12escril2tion Uj DR w a -' Q: 2 Residential LU 3 PR '� Mixed Use Residential wMixed Use Central Business District Q EpH TER Commercial O STARVIEW DR EMixed Use Employment Industrial *A Parks and Recreation oil Q ' ■ Washington County Zoning I ■ -- as Overlay Zones N r { y� C � - — - � � •� Historic District Overlay 4t,4 ' ! 1 LU Planned Development Overlay �O! PC's 2 - ■ - - - -1.nm . f=. Subject Site R 7,- . i PR M W 1P b .ti NICOJF DR s i . .. .�. _ TTER P ON LN w I Map printed at 11 20 AM on o5-Apr-18 P ' R-7 Ink—W—this map le for gene al i-.Wk DivlNan. o MM ahoMtl be verlgetl Mh the DevelopmeA Servkea RNETT ` DATAISDERIVED FROM MULTIPLE SOURCES.THE CRY OFTIGARD MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY, T _ M TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE -- CRY OFTIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. COMMUNITY DEVELOPMENT DEPAR I MENT Gity of Tigand ,➢ �' MADDIE LN f-- Rp 13125swHanBivd if That � `�! � � TIGA MAPS Tigard, OR 23Rip ywww.tigard-or.gov J STJA z Attachment 2: o� i ,- Z Zone 3 Island Annexation r O� j re �" n h UJ NTAIN RIDGE CT H o WIL Under Ordinance No. 2017-08, i a N rx City Council approved the subject property, along with six m „ (6) other properties, for delayed S w a UJ LN annexation, which will be 41PINE VIE DRA a v effective on July 27, 2020. o W y z 3 V v G p Q MJ The subject property owners a i now request to annex FqH TER z W immediately, in order to hook up iSubject Property STARVIEW DR to city sewer. - 13QTH _ UJ F- C7 � . e . � ■ � ■ � �, � ARVIE� � a Vf C - D Q - w _ r+f S � � C, 4 m NICOLE (N lFTTOR y ` e�ZL MOUNTAIN SC,9 BATTERSON LN RD W RHETT ENA_ M O� AF9 T , T 1.�-7 MADDIE LN Feet D 334 Attachment 3 Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected. While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank. The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life. The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020. That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby Attachment 4 CITY OF TIGARD PLANNING COMMISSION Minutes,April 16,2018 Location:Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Alt. Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: Commissioner Lambert Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Lina Smith,Assistant Planner COMMUNICATIONS - None CONSIDER 3/19/18 MINUTES President Fitzgerald asked if there were any additions, deletions, or corrections to the March 19 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING SHELBY ANNEXATION QUASI-JUDICIAL ANNEXATION ZCA2018-00001 REQUEST: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400. April 16,2018 Page 1 of 3 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: None. Ex-parte contacts: None. Site visitations: Commissioners Jackson, Feeney, and Schmidt. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each bearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00001 to City Council. APPLICANT PRESENTATION —applicant not present. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a brief deliberation, Vice President Feeney made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00001 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Roberts seconded the motion. VOTE -All in favor—none opposed. April 16,2018 Page 2 of 3 RESULT - Motion for approval passes unanimously. OTHER BUSINESS -Tom McGuire,Assistant Community Development Director let the commissioners know that Commissioner Jan Lambert had resigned from her position, and that this leaves an open voting position. He said he will advise the Mayor of the resignation, and told the commissioners that Mayor Cook and City Council Liaison Tom Anderson will make a decision as to how to fill the balance of that open term. Tom noted that there is a public hearing scheduled for May 21 and that others would be upcoming as well. He asked the commissioners if they had ideas on topics they would like to learn more about in future meetings and he took note of the various interests for future discussion. ADJOURNMENT President Fitzgerald adjourned the meeting at 7:30 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald April 16,2018 Page 3 of 3 Exhibit A CITY OF TIGARD Respect • Care Do the Right Thing G e t i t D • Shelby Annexation ZCA2018-00001 Presented to Tigard Planning Commission I April 16, 2018 l - 5T1M... J_... Zl. Zone 3 Island Annexation r- °J NTAIN\RIDGE CT\ --c WI r Under Ordinance No. 2017-08, City Council approved the mr i 1 A ; I �1 J —{+ �„ subject property,along with six iWI 1 1 (6)other properties,for delayed yyyD_R J� _J I � �J� annexation, which will be E VIE �y"� � � a ".��3 -'� �—„_ effective on July 27,2020_ l " � rThe subject property owners 1_ _ now request to annex immediately,in order to hook up J,IfI I I = Subject Property S-T�RVIEW DR – to city sewer. 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GOMM—OEVELOPMEWVD ARTMENT FF 9 e w a Wild �sw�e ewa Y MADDIE LN 1]z �f rS.m,aR 97223 CITY OF TIGARD PLANNING COMMISSION Minutes,April 16,2018 Location:Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Alt. Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: Commissioner Lambert Staff Present: Tom McGuire, Assistant Community Development Director; Doreen Laughlin,Executive Assistant; Lina Smith,Assistant Planner COMMUNICATIONS - None CONSIDER 3/19/18 MINUTES President Fitzgerald asked if there were any additions, deletions, or corrections to the March 19 minutes; there being none,President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING SHELBY ANNEXATION QUASI-JUDICIAL ANNEXATION ZCA2018-00001 REQUEST: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400. April 16,2018 Page 1 of 3 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: None. Ex-parte contacts: None. Site visitations: Commissioners Jackson, Feeney, and Schmidt. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1,Policy 4; Goal 11.3,Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00001 to City Council. APPLICANT PRESENTATION —Applicant not present. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a brief deliberation,Vice President Feeney made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00001 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Roberts seconded the motion. VOTE -All in favor—none opposed. April 16,2018 Page 2 of 3 RESULT - Motion for approval passes unanimously. OTHER BUSINESS -Tom McGuire,Assistant Community Development Director let the commissioners know that Commissioner Jan Lambert had resigned from her position, and that this leaves an open voting position. He said he will advise the Mayor and told the commissioners that Mayor Cook and City Council Liaison Tom Anderson will make a decision as to how to fill the balance of that open term. Tom noted that there is a public hearing scheduled for May 21 and that others would be upcoming as well. He asked the commissioners if they had ideas on topics they would like to learn more about in future meetings and he took note of the various interests for future discussion. ADJOURNMENT President Fitzgerald adjourned the meeting at 7:30 p.m. Doreen Laughlin,P ' g 6i46ission Secretary yf ATTEST: President Ca sta Fi rald April 16,2018 Page 3 of 3 Exhibit i� CITY OF TIGARD Respect • Care Do the Right Thing G e t i t D • • Shelby Annexation ZCA2018-00001 Presented to Tigard Planning Commission ( April 16, 2018 STI _ I r �. FF— Zone 3 Island Annexation J—I AMAIN Rt —o W��_ Under Ordinance 2017- I _lam City Council approved the the �y¢L �— I subject property,along with six (6)other properties,for delayed ai W annexation, which will be ALPINE VIE DR�t_ p� effective on July 27,2020. 9:—2'- 1 J ��� The subject property owners —�Q rl l�� I I TT _ now request to annex Ay rfji �1 fi~� Y W Iimmediately,in order to hook up Subject Property S EW DDR to city sewer. _ I I V r It (� W 1 V(L MOUNTAIN 7 RHETT� -1 �F*06! IJ — O� • MADDIE LN raei I I��T I ST$IAMES LN _ �z Zoning Map W -- 1.. o JL, ��•1 Generalized Zoning Categories x GNTAIN RIO .GE CT �... 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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. SHELBY ANNEXATION QUASI-JUDICIAL ANNEXATION ZCA2018-00001 REQUEST:This proposal is to annex one(1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard.The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However,the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400. 6. OTHER BUSINESS 7.35 p.m. 7. ADJOURNMENT 7.40 p.m. PLANNING COMMISSION AGENDA-46116, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 2 PLEASE SIGN IN HERE TO SPEAK Tigard Planning Commission Agenda Item #-::'L— Page—�—of Date of Hearing L4—j(j Z Case Number(s) ZC, ,k 0-0 \2 -nnno Case Names\\r,,� Ad,��u�,�-�, 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:April 16 2018 Time: 7:00 P.M. STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: SHELBY ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00001 APPLICANTS/ Matthew and Tabitha Shelby OWNERS 13285 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard.The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400 COUNTY ZONE: R-6: Residential,5 units/acre minimum density,6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes,detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet.Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018-00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1;Goal 11.1,Policy 4;Goal 11.3,Policy 6;Goal 12;and Goal 14.2,Policies 1- 4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00001 to City Council. SHELBY ANNEXAnON PAGE 1 OF 12 ZCA2018-00001 SECTION III. BACKGROUND INFORMATION The 1.03-acre site (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400)is located on the north side of SW Bull Mountain Road;east of SW 1334 Avenue,and west of SW Greenfield Drive.According to the Washington County Assessment and Taxation report, the site was developed with a detached, single- family dwelling in 1972.The property is also occupied by an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. In June 2017, City Council approved the subject property, along with six (6) other properties, for delayed annexation, as part of the "Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08,the effective date of annexation for the"Zone 3"properties is July 27,2020.However,the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the City of Tigard Community Development Code (TDC), using the approval criteria contained in TDC 18.720.030. City Council will make a decision on this application, with a recommendation from Planning Commission. Additionally, TDC 18.710 requires two public hearings: one before Planning Commission (on April 16, 2018), and one before City Council (on May 8, 2018). City staff followed public noticing requirements, in accordance with TDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222. City staff posted public hearing notices in four public places on March 22,2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on March 22,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16, 2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial 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 TDC 18.710, using the approval criteria contained in TDC 18.720.030. City SHELBY ANNEXATION PAGE 2 OF 12 ZCA2018-00001 Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval Criteria. The approval authority shall approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to, and do not supersede,applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change.The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on March 14, 2018. Public hearings for deliberations on this proposed boundary change were scheduled before Planning Commission (on April 16, 2018) and before City Council (on May 8, 2018). City staff posted public hearing notices in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.1) and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process,the city shall: SHELBY ANNEXATION PAGE 3 OF 12 ZCA2018-00001 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 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. SHELBY ANNEXATION PAGE 4 OF 12 ZCA2018-00001 f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office;and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB. Therefore, this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection(D) and includes the following information: This staff report was made available to the public on March 29,2018,more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and 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. SHELBY ANNEXATION PAGE 5 OF 12 ZCA2018-00001 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on May 8, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00001, the effective date of this annexation will be upon filing with the Oregon Secretary of State,as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.13 and 3.09.045.E have been previously addressed in this report. (TDC 18.720.030 Continued) A.2.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely,orderly and economic provision of City of Tigard public facilities and services;affect the quality and quantity of urban services; and eliminate or avoid unnecessary duplication of facilities or services.Accordingly, staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation.In the case of land that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. 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 SHELBY ANNEXATION PAGE 6 OF 12 ZCA2018-00001 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. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on March 22,2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16, 2018 public hearing before the Planning Commission.Additionally,this staff report was made available to the public on March 29,2018, more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. As detailed in findings below, staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way,and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area.The subject site is currently served by an existing 10-inch water main along SW Bull Mountain Road.The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject property in order to connect to City of Tigard sewer.This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. SHELBY ANNEXATION PAGE 7 OF 12 ZCA2018-00001 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.The applicant proposes to annex a 1.03-acre property into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street,under the City of Tigard Transportation System Plan.The proposed annexation will not impact the existing transportation system. In addition,the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way, and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. SHELBY ANNEXATION PAGE 8 OF 12 ZCA2018-00001 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 report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation property, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services; and As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report,staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area;or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. In June 2017, City Council approved the subject property (13285 SW Bull Mountain Road; WCTM 2S109AB,Tax Lot 1400),along with six (6) other properties, for delayed annexation,as part of the"Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08, the effective date of annexation for the "Zone 3" properties is July 27, 2020. However, the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer.Annexation of Tax Lot 1400 will enable public services to be efficiently and effectively extended to the subject site. Additionally, Ordinance No. 2017-08 ensures that the unincorporated properties adjacent to Tax Lot 1400 will be annexed into the city on July 27, 2020; this will eliminate the "Zone 3" unincorporated islands. Accordingly, this proposed annexation request is consistent with the policy outlined above. SHELBY ANNEXATION PAGE 9 OF 12 ZCA2018-00001 OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes; Mergers; Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and, except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing;ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. This application to annex the subject property (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) was submitted by the property owners. Additionally, the City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. Therefore, an election is not required for this annexation application. However, the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (on April 16,2018) and before City Council(on May 8,2018). City staff published,posted,and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018. SHELBY ANNEXATION PAGE 10 OF 12 ZCA2018-00001 SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of the applicant's proposal,and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal,and had no objections. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018.As of April 5,2018,no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2:Map of"Zone 3 Island Annexation"Properties Attachment 3: Statement from Property Owner,dated February 6,2018 SHELBY ANNEXATION PAGE 11 OF 12 ZCA2018-00001 SECTION V. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in TDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 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. March 29, 2018 PREPARED BY: Lina Smith Assistant Planner March 29 2018 APPROVED BY: Tom McGuire Assistant Community Development Director SHELBY ANNEXATION PAGE 12 OF 12 ZCA2018-00001 / I S Z Attachment 1: Zoning Map "'I NJ O _ "'' �0 Generalized Zoning Categories hTAIN RIDGE CT Z WILM� " R=7i(PD) R-7 3 f Zoning Description H DR �' W n J oUj Z LN Residential v Z 3 PR Mixed Use Residential T Mixed Use Central Business District _ ■ ■ a MCommercial EPH TER I 1 ■ ' S TA R V I E W DR ~ Mixed Use Employment ■ ■ p ,R=7,(pp�)■�- .- ■ - . .. � � E-- � " {� Industrial M U■ A Parks and Recreation • u■■ / ■ Washington County Zoning H a ■ Overlay ones 1 ■ n � �G1 ■ � DorN . - . historic District Overlay rn. ��Q / '�� , ; > Planned Development Overlay LU 8` Subject Site -4 •. ■ PR r NIC01F - 1 f TUR �``. /,�to�Q ■ i BATT kSON LN P / O — �� W Map pnntetl at 11:20 AM on 05-Apr-18 R_7 Wft—R-mhm ph yerw 1b :o&* Mount dfln Mtn me Deve p—P Servke.DM= J RHETT DATA IS DERNED FROM MULTIPLE SOURCES.THE CRY OF TIGARD MAKES NO WARRANTY,REPRESENTATION SS OFA ANY OF T AS TO THE CONTENT,ACCURACY TIMEUNT -T. -- THE CITYOTIGARDSCHALL ASSUME NOW&LRYTFOR ANYHE ERRORS.RRORS.OED MISSIONS,OR i INACCURACIES M THE INFORMATION PROV DEO REGARDLESS OF HOW CAUSEDWWI . y 9� ac COMMUNITY DEVELOPMENT DEPARTMENT —�Q City of Tigab -' MADDIE LN �teD 1312M all Blvd O Flet �Q� '!r TI��RMpPs Ti$038 9-4171OR 23 ■ , � 1 ` � ___ /��_r�-_L� � _ _ "I www.tigardor.gov J ST j z Attachment 2: z Zone 3 Island Annexation r O� rq W W �y NTAIN RIDGE CT o WIL Under Ordinance No. 2017-08, a N City Council approved the w2 w 3 ~ subject property, along with six m p (6) other properties, for delayed LU 41PINE VIE DR = w a -' tz LN annexation, which will be p 13 a W effective on July 27, 2020. X. z The subject property owners (F a now request to annex Ay 7'ER Z LU immediately, in order to hook up Subject Property STARVIEW DR to city sewer. r34 z RVIE�O ♦•% I a y � � n o � n , QJ � P Q A UJ > _ l QIP = a ►- 0 LU FC`q a, A m COLE(/y OR 49 L MOUNTAIN �P SC9�l� BATTERSON LN RD O A a 0 W � Q P RHETT °C E A OQ` ,OFy T ~ T h� �F ■ � O � ,p ■ MADDIE LN Feet 334 e I� 1 II Attachment 3 Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected.While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank.The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life.The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020.That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby 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: tCheck Appropriate Box(s)Below} ® REQUEST FOR COMMENTS AND NOTICE OF A PUBLIC HEARING FOR: SHELBY ANNEXATION(ZCA2018-00001) ❑ 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, March 22,2018,and deposited in the United States Mail on March 22,2018,postage prepaid. 44- Lina Smith STATE OF OREGON ) County of Washington ) SS. City of Tigard ) Subscribed and sworn/affirmed before me on the 2ZI—day of Y ► l tom_(� 52018. OFFICIAL STAMP qFGLORIA NALLELY PINZON MABIN NOTARY PUBLIC-OREGON COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF OREGON My Commission Expires: [ U —(7—KOZ I EXHIBITA REQUEST FOR COMMENTS DATE: March 22,2018 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 ZCA2018-00001 - SHELBY ANNEXATION - REQUEST: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However,the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400. 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 Community Development Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. 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, WE NEED YOUR COMMENTS BACK BY,AML 5.M.You may use the space provided below or attach a separate letter to return your comments. Ifyou 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 a Public Hearing — Type III-Modified Ins Quasi-judicial Annexation Shelby Annexation (Case No. ZCA2018-00001) Tigard Community Development Contact Information Date of Notice: Thursday,March 22,2018 120 days = N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov This application will be processed through a Type III-Modified Procedure.City Council will make a decision on this application,with a recommendation from Planning Commission. PLANNING COMMISSION will conduct a public hearing on this matter beginning at 7:00 p.m. on Monday, April 16,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. CITY COUNCIL will conduct a public hearing on this matter beginning at 7:30 p.m.on Tuesday,May 08,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. Anyone wishing to present written testimony on this proposed action 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&dV,au)^mrd-or.g_ov. Include the Case ID Number: ZCA2018-00001.Anyone wishing to present oral testimony may do so at the hearings. Information About the Application Description of the Application: This proposal is to annex one(1)parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017- 08). However,the property owners now request to annex immediately,in order to connect to city sewer. Applicants/ Matthew and Tabitha Shelby Property Owners: 13285 SW Bull Mountain Road Tigard,OR 97224 Property Address and 13285 SW Bull Mountain Road Legal Description: WCTM 2S109AB,Tax Lot 1400 County Zone: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density City Zone: R-7: Medium-Density Residential Zone Applicable Review The approval standards for annexations are described in Community Development Code Criteria: Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. What You Should Know About This Type III-Modified Application This proposal requires a quasi-judicial Type III-Modified land use review, 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. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 The Community Development Department will be making a recommendation to Planning Commission on this proposal;our staff report and recommendation will be available for public review at least 15 days prior to the Planning Commission public hearing. City Council will make the final decision on this application,after considering the recommendation from Planning Commission.City Council's decision and Planning Commission's recommendation will be made after consideration of relevant evidence and public comments received during the open comment period and at the hearings. City Council's decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: a copy of the application,documents,and evidence considered will be contained in the public record, and available for public review. If you would like to review this material 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. Public Comment and Hearing Process Information The public hearings on this matter 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 a staff report presentation from the city planner, open the public hearing 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 application. If evidence in support of the application 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 for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding this proposal, 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 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 hearing. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 r ) STI'JA Cf. Z Zoning Map 774A Z _ m R-7 - • •• • •� - "' Generalized Zoning Categories > h NTAIN RIDGE CT N WILM� T z R-7 (PD) ,� R- W Z Zoning Description - a a LN w ,A{PINES DR -' J Residential a to I Mixed Use Residential ,, Rt Mixed Use Central Business District LEA TER Commercial S�pRVIEW DR Mixed Use Employment In ■ . . LU .� Industrial ;7 ■R (PD) N o 0. .41 ? Parks and Recreation Washington County Zoning n Overla Zones --- a - Historic District Overlay O ---- rn. �� .OL c, Planned Development Overlay L� F- Subject Site NICOLE` CARLETT / aR ti� a TTERSO �— LN W ' Map punted at 01:24 PM on 224-eb-18 p � Inlormalan on Mn maP n br Benenl bcalbn oMy antl alaW M veriMM vMM1 Me _ RHETT pavabPna SarvKeaDm.bn. - DATA IS DERIVED FROM MULTIPLE SOURCES.THE CRY OF TIGARD MAKES NO A T t+rf _- WARRANTY,REPRESENTATION OR GUARANTEE AS TOTHE CONTENT,ACCURACY, - M TIMELINESS OR COMPLETENESS OF ANY OFTHE DATA PROVIDED HEREIN.THE CRY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED R EGAR DLESS OF HOW CAUS E D. cy� W Ilk J COMMUNITY DEVELOPMENT DEPARTMENT MADDIE LN y g L.! - 13 215 SW Hal Blvd Fiat y TIGARMgps TIg0ardOR 36 9-017123 " 0 3r www.tigardor.gov City of Tigard = q COAINiUNITl DEVELOPMENT DEPAR-nfFNT Master Land Use Application LAND USE APPLICATION TYPE ❑ Adjustment/Variance(II) ❑ Planned Development(III) ❑ Comprehensive Plan Amendment(Legislative) 0 Sensitive Lands Review(II or III) ❑ Conditional Use(11I) ❑ Site Development Review(II) ❑ Development Code Amendment(Legislative) ❑ Subdivision(II) ❑ Discretionary Urban Forestry Plan Review(III) ❑ Transportation Iliitigation(11) ❑ Downtown Design Review(II,I1I) ❑ Urban Forestry Plan Nfodification(I) ❑ Historic Overlay(II or III) ❑ Zone Change(III or Legislative) ❑ Home Occupation(II) Zone Change Annexation(III or Legislative) ❑ Land Partition(1I) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) Annex property located at 13285 SW Bug Mountain Rd into City of Tigard—allowing property to decommission existing septic system and tie into municipal sewer on Alpine Crest Way. PROPERTY INFORMATION(where proposed activity will occur) Location (address if available): 13285 SW Bull Mountain Rd.Tigard, OR 97�2224,� Tax maps and tag lot #s• _ _ �SID9�/,t5 D&4) Total site size: 1.03 acnes Zoning classification: R-6 APPLICANT INFORMATION gage No.: Name: Matthew Shelby ilfailing address: 13285 SW Bull Mountain Rd. Related Case No.(s): Tigard, OR 97224 Applicathon Fee: City/state: 9 Zip: Phone number. 503-310.8033 jpphcabon accepted: Matt Shelby By ate: a Primary contact name: Y Phone number. 503-310-8033 Apphcatttm deteamned coraplete: Email: duncanshelby@msn.com By_1-,,I� Darr 3 /e 1W F I•k:ammWq 5WMWftnftWW use/ppNwdwwX=_Fcrm and Te v.Mus.Appk0hm ger DA4AU7 City of Tigard • 13125 SW NallBlvd • Tigard,Oregon 97223 • www tigard-orgov • 503-718-2421 • Puge 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Matthew and Tabitha Shelby it[ailing address: 13285 SW Bull Mountain Rd. City/state: Tigard,OR Zip: 97224 Phone: 503-310-8033 EITMA: duncanshelby@msn.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 aid 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 admowledge that any permit issued,based on this application,map be reti-oked 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). Matthew Shelby 1/29/18 Applicant'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 Matthew Shelby 1/29/18 Owner's Print name Date Tabithe Shelby 1/29/18 Owners signature Print name Date Owners signature Print name Date Owners signature Print name Date MASTER LAND USE APPLICATION City of Tigard 13125 Slip Hall Bhd. • Tigard,Oregon 97223 • wwwtigard-orgov 503-718-2421 • Page 2 of 2 Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected.While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank.The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life.The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020.That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby Washington County,Oregon 2018_004647 D-DW 01/19/2018 12:44:16 PM RECORDING REQUESTED BY: stn.00 C WHITE Fidelity National Title $1s.00 s1 t.00 s5.00 s2o.00$539.00 $590.00 ,�Kd I,fuehard HobernicK Director of Assessment and Taxation and Ex. Omck,County Clerk for Washington County,Oregon,do hereby certify that the within Instrument of writing was received and 5400 SW Meadows Road,Suite 100 recorded in the book of records or mid County. Lake Oswego,OR 97035 Richard Hobemichl,Director of Assessment and Taxation,Ex-Officio GRANTOR'S NAME: Robert J Swan �o GRANTEE'S NAME: Matthew Shelby and Tabitha Shelby AFTER RECORDING RETURN TO: Order No.: 45141726811-RW ar Matthew Shelby and Tabitha Shelby aJ 13285 SW Bull Mountain Road Portland,OR 97224 SENO TAX STATEMENTS TO: Matthew Shelby and Tabitha Shelby a' 13285 SW Dun Mountain Road Portland,OR 97224 13285 SW Bull Mountain Road,Portland,OR 97224 SPACE ABOVE THIS LINE FOR RECORDER'S USE 0 Z STATUTORY WARRANTY DEED A? Imo- Robert J Swan, Grantor, conveys and warrants to Matthew Shelby and Tabatha Shelby, as tenants by the 70 entirety,Grantee,the following described real property,free and clear of encumbrances except as specifically set r- forth below,situated In the County of Washington,State of Oregon: I SEE EXHIBIT-A'ATTACHED HERETO AND MADE A PART HEREOF Z ., THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FIVE HUNDRED THIRTY-NINE 4) THOUSAND AND NO/100 DOLLARS($539,000.00). (See ORS 93.030). jr Subject to: ii Rights of the public to any portion of the Land lying within the area commonly known as the limits of streets,roads and highways Covenants,conditions and restrictions but omitting any covenants or restrictions,if any,including but not limited to those based upon race,color,religion,sex,sexual orientation,familial status,marital status,disability,handicap, national origin,ancestry,source of income,gender,gender identity,gender expression,medical condition or genetic information,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document Recording Date: August 2,1968 Recording No: Book 708,Page 497 Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Portland General Electric Company,an Oregon corporation Purpose: Distribution line Recording Date: August 16,1968 Recording No: Book 710,Page 556 Affects: Reference is hereby made to said document for full particulars Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Purpose: Underground water pipe Recording Date: June 9,1972 Recording No: Book 871,Page 544 Affects: Reference is hereby made to said document for full particulars BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER QRS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND ` Deed(Statutory WW")LOW OR-FT*pyM.01520.470045i41726811 OR01368.doc 1 Updated:d5.01.t 7 Rage 1 0& II STATUTORY WARRANTY DEED (Continued) 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. Dated: +name Robert n L State of Co 104.4:D a County of 'fro«L Dr/L This instrument was acknowledged before me on J4-u"W y A,_vZa►$ by Robert J Swan. Notary FhJblic-State of AFege /o44zD6 My Commission Expires: 0 VIRGINIA L UNTERSEHER NOTARY PUBLIC STATE OF COLORADO NOTARY 0 19974011242 kfyo= MoA2021 Deed(SMkMV Y+'—*)LM0 0RD1366.d0a/UpdNed:05.01.17 Page 2 ORFr+TYM-01520.47000"141725071 r EXHIBIT"A" Legal Description Beginning at the Southeast corner of tract of land conveyed to Wayne L.Knauss and Doris J.Knauss,husband and wife,as described in Book 632,Page 3,Washington County,Oregon film records,and which Southeast comer is described as being South 89"50'East 618.1 feet and South 0°01'West 1108.23 feet from the one-quarter section comer on the North line of Section 9,Township 2 south,Range 1 West,Willamette Meridian, in the County of Washington and State of Oregon;thence South 0°01'West along the East line of tract of land described in contract of sale to said Wayne L.Knauss,at ux,as recorded in Book 593,Page 263,Washington County peed Records,10.0 feet to the true beginning point of the tract herein described;thence North 89°50' West parallel with the South line of said Knauss tract as described in Book 632,Page 3,said film records,171.59 feet to a point which bears South 89°50'East 121.44 feet from the West line of said tract as described in Book 593,Page 263;thence South 0°06'West parallel with said West line,366.77 feet to a point on the South line thereof;thence South 61°07'East along said South line 193.25 feet to the Southeast corner thereof;thence North 0°01'East 472.74 feet to the true place of beginning,except the East 50 feet thereof; TOGETHER WITH a non-exclusive perpetual right-of-way and easement for road and utility purposes on and over,along and within the East 50 feet of the tract above described,to be used and enjoyed by grantee,heirs and assigns,along with all other persons to whom a similar right has heretofore been granted or to whom a similar right-of-way may be hereafter granted;and excepting to grantor the right to dedicated or convey to a public body for public use the said right-of-way for road and utility purposes. I Dead(SrMNorywartarrty)Legal ORD1358Aoe!Updated:05.01.17 Page 3 0R-FT-FPYM-01520.470808415141728811 r 3 F- LLJ 0 100, 200' POINT OF BEGINNING "A" cr I I BEING THE SOUTHEAST CORNER OF w POINT OF BEGINNING -B- SCALE:1"-200' B"SCALE:1"=200' LOT 21, ALPINE VIEW Z a BEING THE SOUTHWEST CORNER OF Q LOT 20, ALPINE VIEW S89'49'59"E 151.73'x; Q 00'00'08"E 38.55' 89'39'48"E 103.30' N00'00'59"W 227.27'-\a < S89'53'02"E SF' S00'15'12"W 100.00' 242.78' of w N 8952'48"E 33.30' 0 c�'i0� I �1 871. w rn S0 2.02'57"W 162,19' I 2001 -575 4c-4 3 N89'52'48"E 138.89' i N Ng IIn -N �S O 1— t p POINT OF BEGINNING "C" pry S�Sr N o o ^ I o oTRACT B. WILSON RIDGEBEING THE NORTHEAST CORNER OF �\OG� w e C�� ^ 20 j o SOO-01'12"E PROPERTY TO BE ANNEXED d S87'43'44"E 402.59' O(i I �'; Z 282.99 Nrq�,y °ry0 OUTLINED IN RED 3i N01'31'37"E 190.10' \� DOC. NO. RO40 ba 2014-000610 Q m 2008 065908 - —`— 0 60'59'05"W 307,32' EXHIBIT B 0; LOCATED IN THE NE 1/4 OF SECTION 9 o '-N87'43'44"W 402.60' -S01'31'25"W 190.10' TOWNSHIP 2 S., RANGE 1 W., W.M. v DOCUMENT NO. 3 WASHINGTON COUNTY, OREGON 96-108423 ui DATE 6/12/17 �II AVM BY WESTLAKE DR �O GRA CONSULTANTS uc. S CHECKED BY LJS ENG:NEERLNG s 3L'RVE'YLRG ♦ PLA.NNWG m SION PACD7IC CORPORATE CENTER 15315 S.W.O NO. TIGARD,OREGON 97 PARKWAY.SUITE 150 FAX (505)524-0157 0 0-0 0 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS: FILE NAME: ZCA2018-00001 SHELBY ANNEXATION EXN I B iT L 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 only access to land). EMAIL ODOT Region 1 Development Review Program,123 NW Flanders St,Portland OR 97209* Email:Regionl_DEVREV 13pplications@odotstate.or.us 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 overlay) OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 (:\Community Development\Annexations�ZCA2018-00001 Shelby\5_Public Notices\Copy of Request for Comments Notification List 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 PortlandPermits@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 nam' /numbering.Email:icrawford@wccca.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(ZCA)* 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 Beaverton School District#48,Jennifer Garland,Demographics,16550 SW Merlo Rd,Beaverton OR 97006-5152 1 Century Link,310 SW Park Ave,11th Floor,Portland OR 97205 1 Century Link,Attn: John Pfeifer,1600 7th Ave,Rm. 1314,Seattle,WA 98191 (Annexations) 1 Century Link,Samantha Ridderbusch,Local Government Affairs Director,310 SW Park Ave,11th Floor,Portland OR 97205 (Annexations) 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:John.Cousineau@ftr.com and Julia.Smith@ftr.com. 1 NW Natural Gas,ATTN: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(OHA),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,1200 Howard Dr SE,Albany,OR 97322 1 Pride Disposal Company-copy on ALL Notices(kristinl@pridedisposal.com) 1 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* EMAIL ITualatin Valley Water District,Administrative Offic.Email:ryan.smith@tvwd.org 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 SOW 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. (:\Community Development\Annexations\ZCA2018-00001 Shelby\5_Public Notices\Copy of Request for Comments Notification List Rev.20180212 Page 2 of 2 Lina Smith From: Khoi Le Sent: Monday, March 26,2018 10:13 AM To: Lina Smith Subject: ZCA2018-00001 Shelby Annexation Lina, 1 do not have any comments on the annexation. For sanitary sewer service connection,the applicant needs to be aware for all the applicable permit and connection fees. Thanks, Khoi Khoi Le City of Tigard Principal Engineer j 13125S W Hall Blvd Tigard.OR 97223 I 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." 1 REQUEST FOR COMMENTS DATE: March 22,2018 R E C E I TO: Per Attached FROM: City of Tigard Planning Division N r E � No;J 3!E STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCSktigard-or.gov ZCA2018-00001 - SHELBY ANNEXATION REQUEST: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400. 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 Community Development Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. 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, WE NEED YOUR COMMENTS BACK BY:APRIL 5. 2018. 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: -2 Notice of a Public Hearing — Type III-Modified = Quasi-judicial Annexation Shelby Annexation (Case No. ZCA2018-00001) Tigard Community Development Contact Information Date of Notice: Thursday,March 22,2018 120 days = N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov This application will be processed through a Type III-Modified Procedure.City Council will make a decision on this application,with a recommendation from Planning Commission. PLANNING COMMISSION will conduct a public hearing on this matter beginning at 7:00 p.m. on Monday, April 16,2018 in the Town Hall of the Tigard Civic Center at 73125 SW Hall Blvd.,Tigard, Oregon 97223. CITY COUNCIL will conduct a public hearing on this matter beginning at 7:30 p.m.on Tuesday,May 08,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. Anyone wishing to present written testimony on this proposed action 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&tigard-or.gov. Include the Case ID Number: ZCA2018-00001.Anyone wishing to present oral testimony may do so at the hearings. Information About the Application Description of the Application: This proposal is to annex one(1)parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017- 08). However,the property owners now request to annex immediately,in order to connect to city sewer. Applicants/ Matthew and Tabitha Shelby Property Owners: 13285 SW Bull Mountain Road Tigard,OR 97224 Property Address and 13285 SW Bull Mountain Road Legal Description: WCTM 2S109AB,Tax Lot 1400 County Zone: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density City Zone: R-7: Medium-Density Residential Zone Applicable Review The approval standards for annexations are described in Community Development Code Criteria: Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. What You Should Know About This Type III-Modified Application This proposal requires a quasi-judicial Type III-Modified land use review, 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. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 The Community Development Department will be making a recommendation to Planning Commission on this proposal;our staff report and recommendation will be available for public review at least 15 days prior to the Planning Commission public hearing. City Council will make the final decision on this application,after considering the recommendation from Planning Commission.City Council's decision and Planning Commission's recommendation will be made after consideration of relevant evidence and public comments received during the open comment period and at the hearings. City Council's decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: a copy of the application,documents,and evidence considered will be contained in the public record, and available for public review. If you would like to review this material 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. Public Comment and Hearing Process Information The public hearings on this matter 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 a staff report presentation from the city planner, open the public hearing 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 application. If evidence in support of the application 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 for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding this proposal, 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 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 hearing. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Cr j 7 S A Z Zoning Map 7 .V 10( F?< R-7Generalized Zoning Categories NTAIN RIDGE CT Z WILM R-7 (PD). ^' M R-' W Vj w Z Zoning Descri tp ion � a a LN INE Vt DR Z a a Residential - 13 Q ,� ! Mixed Use Residential �Q ■ YMixed Use Central Business District en LEA TERnn n Commercial UjSI E W D RMixed Use Employment / O R. -Z lR©�) _ �� Industrial a ■ � �11 Parks and Recreation Washington County Zoning \�44 Overlay Zones lr) > Historic District Overlay O LU 'Planned Development Overlay V I.- Subject Site R-7 PR �� NICOLE �.. In =urn e. CARLETT _._8ATTERSO L N Map punted at 01:24 PM on 22-I-eb-18 P a / -_.._ mroRR.m�o�m.m.o NDe�QoFmeM s—u.o—"a.noua��e,rcrea.Rn Ine RHETT -- �' - DATA IS DERIVED FROM MULTIPLE SOURCES.THE CRY OF TIGARD MAKES NO r1A _ WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY, A T �' M TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CRY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOWCAUSED. J UUMMUNITY DEVELOPMENT DEPARTMENT ADDIE LN city ofTlgard y�.► I D 131825 SW Hall Blvd Deet I TIGARD Tigard, OR 9.417123 z . U4 I - www.tigardor.gov � City of Tigard = w COAf1IUNITI DEVELOPMENT DEPARnfENT Master Land Use Application LAND USE APPLICATION TYPE ❑ Adjustment/Variance(II) ❑ Planned Development(III) ElComprehensive Plan Amendment(Legislative) ❑ Sensitive Lands Review(II or III) ❑ Conditional Use(III) ❑ Development Code Amendment(Legislative) ❑ Site Development Review(II} ❑ Subdivision(II) ❑ Discretionary Urban Forestry Plan Review(III) ❑ Transportation Mitigation(IT) ❑ Downtown Design Review(II,III) ❑ Urban Forestry Plan Modification(I) ❑ Historic Overlay(1I or III) ❑ Zone Change (III or Legislative) ❑ Home Occupation(II) L( 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) Annex property located at 13285 SW Bull Mountain Rd.into City of Tigard—allowing property to decommission existing septic system and tie into municipal sewer on Alpine Crest Way. PROPERTY INFORMATION(where proposed activity will occur) Location (address if available): 13285 SW Bull Mountain Rd.Tigard, OR 97224 Tag maps and tax lot#s: Total site size: 1.03 acres Zoning classification: R-6 APPLICANT INFORMATION Case No:' 2CA�zof6-:-e�l Name: Matthew Shelby 14aRelated Case No.(s): iling address: 13285 SW Bull Mountain Rd. Tigard, OR 97224 Application Fee: T City/state: 9 Zip: - C Phone number. 503-310-8033 V*-aeon accepted: Matt ShelbyB� ate: , 1{'� Primary contact name: Phone number. 503-310-8033 Vphcatum detemmed co7;W/P Email: duncanshelby@msn.com By.—4,9--pate JVwwedgoerelopmen%Wd Uw AppBw"W-Fff eend 'rWWefeWna U"APPhQW a Per f7AVM? City of Tigard • 13125 SW HallBlvd Tigard,Oregon 97223 www 6gard-orgov • 503-718-2421 • Page l of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Matthew and Tabitha Shelby Bailing address: 13285 SW Bull Mountain Rd. City/state: Tigard, OR Zip: 97224 Phone: 803-310-8033 Email: duncanshelby@rnsn.eom 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 flus 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 temps 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). Matthew Shelby 1/29/18 Applicant's signature Print name Date Applicant/Agent/Representati%-e s signature Print name Date -Applicant/Ant/Representative's signature Print name Date SIGNATURES of each owner of the subject property required Matthew Shelby 1/29/18 Owner's print name Date _ Tabithe Shelby 1!29118 Owner's signature Print name Date Owners signature Print name Date Owner's signature Print nine Date MASTER LAND USE APPLICATION City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-orgov 503-718-2421 • Page 2 of 2 Statement from Property Owner February 6,2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected.While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank.The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life.The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020.That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby Washington county,Oregon 2018-004647 D-DW Stn=11 C WHITE 01/19/201812:44:16 PM RECORDING REQUESTED BY: $15.00 511.00$5.00$20.00$539.00 $590.00 Fidelity National Title I,Richard HobemicK Director of Assessment and Taxation and Ex. °rD"ap° officio County clerk for Washington county,Oregon,do he" comfy that the within instrument of writing me received and 5400 SW Meadows Road,Suite 100 recorded In the book of records or said county. Lake Oswego,OR 97035 Richard Hobemichl,Director of Assessment and Taxation,Ex-Officio GRANTOR'S NAME: Robert J Swan 't>o GRANTEE'S NAME: �1 Matthew Shelby and Tabitha Shelby AFTER RECORDING RETURN TO: b OrderNo.: 45141726811-RW Matthew Shelby and Tabitha Shelby 13285 SW Bull Mountain Road Portland,OR 97224 .1- SENO TAX STATEMENTS TO: Matthew Shelby and Tabitha Shelby "Cr 13285 SW Bun Mountain Rood s Portland,OR 97224 $) 13285 SW Bull Mountain Road,Portland,OR 97224 L SPACE ABOVE THIS LINE FOR RECORDER'S USE 0 a STATUTORY WARRANTY DEED a� }— Robert J Swan, Grantor, conveys and warrants to Matthew Shelby and Tabatha Shelby, as tenants by the m entirety,Grantee,the following described real property,free and clear of encumbrances except as specifically set c forth below,situated In the County of Washington,State of Oregon: t SEE EXHIBIT'A"ATTACHED HERETO AND MADE A PART HEREOF Z THE TRUE AND ACTUAL ON THIS m THOUSAND AND NO/100 DOLLARS($59'000.00)•(See ORS 93.030).CONVEYANCE IS FIVE HUNDRED THIRTY-NINE Subject to: Rights of the public to any portion of the Land lying within the area commonly known as the limits of streets,roads and highways Covenants,conditions and restrictions but omitting any covenants or restrictions,if any,including but not limited to those based upon race,color,religion,sex,sexual orientation,familial status,marital status,disability,handicap, national origin,ancestry,source of income,gender,gender identity,gender expression,medical condition or genetic information,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction/is permitted by applicable law,as set forth in the document Recording Date: August 2,1968 Reding No: Book 708,Page 497 Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Portland General Electric Company,an Oregon corporation Purpose: Distribution line Recording Date: August 16,1968 Recording No: Book 710,Page 556 Affects: Reference is hereby made to said document for full particulars Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Purpose: Underground water pipe Recording Date: June 9,1972 Recording No: Book 871,Page 544 Affects: Reference is hereby made to said document for full particulars BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195-300. 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND Deed(Stale"WatM*)1-01101 Pagel q-Fr t- wM.p1520.47000ai514172ti811 0R01968.doc/UPf*fb:05.01.17 i i STATUTORY WARRANTY DEED (Continued) 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTERS,OREGON LAWS 2010. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. Dated: 4� Robert J n L State of CO lOf.R s�o County of 7:3ou i DcR This instrument was acknowledged before me on hN y 16 A019 by RobertJ Swan. NotaryP$blic-State of Arega J �IeAA-.D 6 My Commission Expires: 0 6�°`3�aoai VIRGINIA L.UNTERSEHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974011242 MY=MM=AMAM1 Dead(fth tory Worm dy)Lepel OR01368Aw/Updated:05.01.17 Pape 2 OR-FT+7YM-01520.470006-45141726811 EXHIBIT"A" Legal Description Beginning at the Southeast corner of tract of land conveyed to Wayne L.Knauss and Doris J.Knauss,husband and wife,as described in Book 632,Page 3,Washington County,Oregon film records,and which Southeast comer is described as being South 89°50'East 618.1 feet and South 0"01'West 1108.23 feet from the one-quarter section comer on the North line of Section 9,Township 2 south,Range 1 West,Willamette Meridian, in the County of Washington and State of Oregon;thence South 0°01'West along the East line of tract of land described in contract of sale to said Wayne L.Knauss,at ux,as recorded In Book 593,Page 263,Washington County peed Records,10.0 feet to the true beginning point of the tract herein described;thence North 89°50' West parallel with the South line of said Knauss tract as described in Book 632,Page 3,said film records,171.59 feet to a point which bears South 89°50'East 121.44 feet from the West tine of said tract as described in Book 593,Page 263;thence South 0°O6'West parallel with said West line,366.77 feet to a point on the South line thereof,thence South 61°07'East along said South line 193.25 feet to the Southeast comer thereof;thence North 0°01'East 472.74 feet to the true place of beginning,except the East 50 feet thereof; TOGETHER WITH a non-exclusive perpetual right-of-way and easement for road and utility purposes on and over,along and within the East 50 feet of the tract above described,to be used and enjoyed by grantee,heirs and assigns,along with all other persons to whom a similar right has heretofore been granted or to whom a similar right-of-way may be hereafter granted;and excepting to grantor the right to dedicated or convey to a public body for public use the said right-of-way for road and utility purposes. I Deed(stwmwy wartaw Lww 0R01358.d0c r UpdareC.05.01.17 Page 3 OR-FT-FPYM-01520.470008-45141728811 t r 3 F- LA 0 100. 200, POINT OF BEGINNING "A" cr I I BEING THE SOUTHEAST CORNER OF w DINT OF BEGINNING "B" LOT 21, ALPINE VIEW Z SCALE:1"=200' BEING THE SOUTHWEST CORNER OF w '6- a Q LOT 20, ALPINE VIEW S89'49'59"E 151.73' w ?P Q c�S S vi 00'00'08"E 38.55' 89'39'48"E 103.30' N00'00'59"W 227.27'-\0 , a S89'53'02'E SS00'15'12"W 100.00' c o.,1 242.78' OR N 8952'48"E 33.30' 87OOK g w Lo502'02'57"W 162.19' ° y� �o� PAGES a C I r�o 5 4 iv N89'52'48"E 138.89' N " I fid (V Lo n oiS'' 0 < O POINT OF BEGINNING "C" pry S 4s� 0 K ZooBEING G TRACT B,ENALSON RIDGEST 00'01'1 OF \OG� K, B(2�C 20' ^ 00'01'12"E m PROPERTY TO BE ANNEXEn 4 S87'43'44"E 402,59'. OU 282.99' "Tq," °ti° OUTLINED IN RED 3i N01'31'37"E 190.10' \� DOC. NO. RO'40 Ov 2014-000610 Q b -3 20 OCs 065908 `———— 0 60'59'05"W 307.32' EXHIBIT B LOCATED IN THE NE 1/4 OF SECTION 9 o �N87'43'44"W 402.60' S01'31'25"W 190.10' TOWNSHIP 2 S., RANGE 1 W., W.M. a DOCUMENT NO. WASHINGTON COUNTY, OREGON 9 96-108423 N ATE 6/12/17 ANN BY WESTLAKE — -� GRA CONSULTANTS — CHECKED BY LJS mria ERINC s SDRvEYLNG • PL INNING m �SONEPACIFIC CORPORATE CENTER O15115 S.A.SEQUOIA PARKWAY, SUM 150 (b09)684-0062 03.30 -020 l �• TIGARD,OREGON 97224 FAII(50J)024-0157 II Boundary Change Preliminary Review DOR 34-P728-2018 O R E G O N DEPARTMENT AWOF 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 April 3, 2018 Documents received: 3/19/2018 From: Lina Smith This letter is to inform you that the map and description for your planned--Annex to City of Tigard(Shelby(ZCA2018-00001) (Part of Delayed Annexation ORD. #2017-08)) in Washington County have been reviewed per your request. They DO NOT MEET the requirements for use with an Order, Ordinance, or Resolution in accordance with ORS 308.225. This is for one parcel of a DOR-Approved Delayed Annexation, DOR 34-2297-2017. - The map needs to show all of the bearings and distances that are in the new description for the one parcel being annexed now. They need to match exactly. - The POB for the new description needs to be specified on the map and labeled uniquely. The map currently has several POBs from the delayed annexation process. -Please add the POB info from the first 4 lines of the description on the map, it can be labeled near the POB and arrowed in. Include the bearings and distances from the quarter section corner. - End the description with a period. -Please provide deed B632, P3 so we can confirm the POB. If you have any questions please contact Tammy Keen, Tammy.E.Keen@oregon.gov Notice from Taxing District For Department of Revenue use only Prepared by DOR file number Boundary change packets must be received Date received Date approved Date disapproved by the Department of Revenue and the County Assessor(s)by March 31. Notes District name City of Tigard Mailing address City State ZIP 13125 SW Hall Blvd. Tigard OR 97223 County name Second county name(if applicable) Washington Contact person Second contact person(if applicable) Lina Smith,Assistant Planner Phone Email (503 )718-2438 LinaCS@tigard-or.gov Ordinance/resolution/order Planning file number ZCA2018-00001 Election date Effective date Notes Proposal to annex one(1)property into the City of Tigard.This 1.03-acre property was previously approved for delayed annexation,along with six(6)other properties(Tigard Ordinance No.2017-08,and DOR File No.34-2297-2017). However,the property owners now request to annex immediately, in order to connect to city sewer. Boundary ❑ Change ❑ Proposed change ❑x Preliminary review ❑ Delayed annexation The change is for ❑ Formation of a new district ❑x Annexation of territory to a district Withdrawal of territory from a district ❑ Dissolution of a district ❑ Transfer ❑ Merge ❑ Establishment of tax zone Documents included ❑ Ordinance/Resolution/Order Map of Boundary Change(shows point of beginning and all bearings and distances.) Legal description of Boundary Change Send to Contact us Oregon Department of Revenue Email:boundary.changes@oregon.gov Cadastral Information Systems Unit Fax:503-945-8737 PO Box 14380 Salem OR 97309-5075 150-504-407(Rev.07-14) EXHIBIT"A" Legal Description Beginning at the Southeast comer of tract of land conveyed to Wayne L.Knauss and Doris J.Knauss,husband and wife,as described in Book 632,Page 3.Washington County,Oregon film records,and which Southeast comer is described as being South 89°50'East 618.1 feet and South 0"01'West 1108.23 feet from the one-quarter section comer on the North line of Section 9,Township 2 south, Range 1 West,Willamette Meridian, in the County of Washington and State of Oregon;thence South 0°01'West along the East line of tract of land described in contract of sale to said Wayne L.Knauss,et ux,as recorded in Book 593, Page 263,Washington County Deed Records,10.0 feet to the true beginning point of the tract herein described;thence North 89°50' West parallel with the South line of said Knauss tract as described in Book 632,Page 3,said film records,171.59 feet to a point which bears South 89°50'East 121.44 feet from the West line of said tract as described in Book 593,Page 263;thence South 0'06'West parallel with said West line,366.77 feet to a point on the South line thereof;thence South 61°07'East along said South line 193.25 feet to the Southeast comer thereof;thence North 0°01'East 472.74 feet to the true place of beginning,except the East 50 feet thereof; y Deed(Statutory Warranty)Legal OR01368.doctUpdated,05.01.17 Page OR-FT-FPYWi 520.47000845141726811 r a 3 0 100. 200, POINT OF BEGINNING "A" v BEING THE SOUTHEAST CORNER OF w DINT OF BEGINNING "B" LOT 21, ALPINE VIEW Z SCALE:1"-200' a BEING THE SOUTHWEST CORNER OF w "- a a LOT 20, ALPINE VIEW S89'49'59"E 151.73'x; P�S� I vi 00'00'08"E 38.55' 89'39'48"E 103.30' N00'00'59"W 227.27' o Q�'� a M S89'53'02"E ��* S00'15'12"W 100.00' 0 a 242.78' a°'o w N89'52'48"E 33.30' N �oI `� B7 OOK (d w S02'02'57"W 162.19' D_ p�p I ,��o PAGES n. o �� IpS % 5575 iv 3-' N89'52'48"E 138.89' N N IV (y 006- ~ ~ POINT OF BEGINNING "C" p� os S�s� N K 0 0 Al I BRACT B,EING ENORTHEAST WILSON RIDGECORNER OF vOG� -0' , ? ( S00'Ol'12'E RN 44 * I 2° � 282 99, PROPERTY TO BE ANNEXED —S87'43'44"E 402,59'. j MoUNTq/N I o�ry'� aJTt_INED IN RED m N01'31'37"E 190.10' m \� DOC. NO. ca w RO40 o ;Z 2012-000410 a d -j 2008 065908 `—)OC._] —— 0 60'59'05"W 307.32' EXHIBIT B M LOCATED IN THE NE 1/4 OF SECTION 9 o �N87'43'44"W 402.60'"' S01'31'25"W 190.10' TOWNSHIP 2 S., RANGE 1 W., W.M. °a DOCUMENT NO. WASHINGTON COUNTY, OREGON } 96-108423 N AlE AMBY 6/12/17 17 'II WESTLAKE p GRA CONSULTANTS uc. N ECKED BY 1 LJS ENGINEERING a SURVEYING • PLANNING cn SION PACIM CORPORATE CINTBR Q 15115 3.A.SEQUOIA PARKWAY, 3011'8 150 (509)684-0952 D 0-020 TIGARO,0 REGON 97224 FAX(509)024-0157 REQUEST FOR COMMENTS DATE: March 22,2018 TO: Per Attached E� MAR '�6108 FROM: City of Tigard Planning Division �C STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCS e,tigard-or.gov ZCA2018-00001 - SHELBY ANNEXATION - REQUEST: This proposal is to annex one (1) parcel of land, located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However,the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400. 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 Community Development Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. 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, WE NEED YOUR COMMENTS BACK BY: APRIL 5, 2018 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: 0 nJ vG Name&Number of Person Commenting: Notice of a Public Hearing — Type III-Modified Quasi-Judicial Annexation Shelby Annexation (Case No. ZCA2018-00001) Tigard Community Development Contact Information Date of Notice: Thursday,March 22,2018 120 days = N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov This application will be processed through a Type III-Modified Procedure. City Council will make a decision on this application,with a recommendation from Planning Commission. PLANNING COMMISSION will conduct a public hearing on this matter beginning at 7:00 p.m. on Monday, April 16,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. CITY COUNCIL will conduct a public hearing on this matter beginning at 7:30 p.m. on Tuesday,May 08,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. Anyone wishing to present written testimony on this proposed action 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 c&i, ard-or.gov. Include the Case ID Number: ZCA2018-00001. Anyone wishing to present oral testimony may do so at the hearings. Information About the Application Description of the Application: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017- 08). However,the property owners now request to annex immediately,in order to connect to city sewer. Applicants/ Matthew and Tabitha Shelby Property Owners: 13285 SW Bull Mountain Road Tigard,OR 97224 Property Address and 13285 SW Bull Mountain Road Legal Description: WCTM 2S109AB,Tax Lot 1400 County Zone: R-6: Residential, 5 units/acre minimum density,6 units/acre maximum density City Zone: R-7: Medium-Density Residential Zone Applicable Review The approval standards for annexations are described in Community Development Code Criteria: Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. What You Should Know About This Type III-Modified Application This proposal requires a quasi-judicial Type III-Modified land use review, 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. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 The Community Development Department will be making a recommendation to Planning Commission on this proposal; our staff report and recommendation will be available for public review at least 15 days prior to the Planning Commission public hearing. City Council will make the final decision on this application, after considering the recommendation from Planning Commission.City Council's decision and Planning Commission's recommendation will be made after consideration of relevant evidence and public comments received during the open comment period and at the hearings. City Council's decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: a copy of the application,documents,and evidence considered will be contained in the public record, and available for public review. If you would like to review this material at no cost, please contact Lina Smith,Assistant Planner at (503) 718-2438 or LinaCS aktigard-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 this matter 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 a staff report presentation from the city planner, open the public hearing 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 application. If evidence in support of the application 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 for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding this proposal, 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 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 hearing. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 fir/ / J ST,JAfMES LN~._ Z Zoning Map r � 3 / 04 O m �++ <� I; City of Tigard w CO'1i11UNIT1 DEVELOPMENT DEPARnIENT Master Land Use Application 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(II1) ❑ Transportation X11tigation(II) D Downtown Design Review(U,III) ❑ Urban Forestry Plan Modification(I) ❑ Historic Overlay(1I or III) ❑ Zone Change(III or Legislative) ❑ Home Occupation(11) L' 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) Annex property located at 13285 SW Bull Mountain Rd.into City of Tigard—allowing property to decommission existing septic system and tie into municipal sewer on Alpine Crest Way. PROPERTY INFORMATION(where proposed activity will occur) Location(address if available): 13285 SW Bull Mountain Rd.Tigard, OR 97224 Tax maps and tax lot#s' _ _ 'aS��� ONI)Q Total site size: 1.03 acres Zoning classification: R-6 APPLICANT INFORMATION C:aseNo.: 2 __1b/ Name: Matthew Shelby Related Case No.(s): \Sailing address: 13285 SW Bull Mountain Rd. , Ti ardOR 97224 Applicahou Fee: City/state: g Z�' �pphcataon accepted Phone number. 503-310-8033 Matt Shelby Bp: ate: Primary contact name: Y Phone number: 503-310-8033 .Vphcation detem=ed uxnplettc A Email: duncanshelby@msn.com hCammwaDmWPmwALvmUse MPM�dam\o2 Fw=wA rWnP1dmVNWU5eAppYgeaM aeyIZ44M17 City of Tigard • 13125 SW HallBlvd. • Tigard,Oregon 97223 • www.tigard-orgov • 503-718-2421 • Puge 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Matthew and Tabitha Shelby ltailuig address: 13285 SW Bull Mountain Rd. City/state: Tigard, OR Zip: 97224 Phone: 503-310-8033 Email: duncanshelby@msn.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 flus 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. • kn the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so admowledge that any pen-nit 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). Matthew Shelby 1/29/18 Applicant's signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Represeutatic e's signature Print name Date SIGNATURES of each owner of the subject property required Matthew Shelby 1/29/18 Owner's ° Print name Date _ Tabithe Shelby 1/29/18 Owner's signature Print name Date Owners signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard - 13125 SW Hall Bh d. - Tigard,Oregon 97223 - www.tigard-or.gov 503-718-2421 • Page 2 of 2 Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected.While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank.The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life.The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020.That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby Washington County,Oregon 2018-004647 o-DW Stn=11 C WHITE 01119(2018 12:44:16 PM RECORDING REQUESTED BY: $15.00$11.00$5.00$20.00$539.00 $590.00 Fidelity National Me I,Richard Hobemicht.Director of Assessment and Taxation and Ex. oracio County Clerk for waamngton County,Oregon,do heraby certify that the within instrument of writing was received and 5400 SW Meadows Road,Suite 100 recorded in the book ofrecords of said county. Lake Oswego,OR 97035 Richard Hobemicht,Director of Assessment and Taxation,Ex-Oiriclo GRANTOR'S NAME: Robert J Swan �4 GRANTEE'S NAME: A Matthew Shelby and Tabitha Shelby AFTER RECORDING RETURN TO: b Order No.: 45141726811-RW Matthew Shelby and Tabitha Shelby 13285 SW Bull Mountain Road Portland,OR 97224 +cl- SEND TAX STATEMENTS TO: Matthew Shelby and Tabitha Shelby 13285 SW Bull Mountain Road Portland,OR 97224 213285 SW Bull Mountain Road,Portland,OR 97224 11- SPACE ABOVE THIS LINE FOR RECORDER'S USE 0 a STATUTORY WARRANTY DEED m }— Robert J Swan, Grantor, conveys and warrants to Matthew Shelby and Tabitha Shelby, as tenants by the entirety,Grantee,the following described real property,free and clear of encumbrances except as specifically set 0 forth below,situated In the County of Washington,State of Oregon: T,s SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Z .g. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FIVE HUNDRED THIRTY-NINE THOUSAND AND NO/100 DOLLARS($539,000.00). (See ORS 93.030). 'O it Subject to: Rights of the public to any portion of the Land lying within the area commonly known as the limits of streets,roads and highways Covenants,conditions and restrictions but omitting any covenants or restrictions,if any,including but not limited to those based upon race,color,religion,sex,sexual orientation,familial status,marital status,disability,handicap, national algin,ancestry,source of income,gender,gender identity,gender expression,medical condition or genetic information,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document Recording Date: August 2,1968 Recording No: Book 708,Page 497 Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Portland General Electric Company,an Oregon corporation Purpose: Distribution line Recording Date: August 16,1966 Recording No: Book 710,Page 556 Affects: Reference is hereby made to said document for full particulars Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Purpose: Underground water pipe ' Recording Date: June 9,1972 Recording No: Book 871,Page 544 Affects: Reference is hereby made to said document for full particulars BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300, 195-301 AND 195.305 TO 195.336 AND SECTIONS S TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND i DOW(statutory warraruy)L"al Fags 1 OR-FT+PYM41520.470008,45141728811 OR01356.doc l updated:05.01.17 I STATUTORY WARRANTY DEED (continued) 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. Dated: Rlert J n State of Cn 104,4-5)o Countyof j3o«4Dc/R This instrument was acknowledged before me on J4-N wMLy�(o.a�1 g by RobertJ Swan. Notary Public-State of Ofegore My Commission Expires: -0(-A-3/.�ov-1 VIRGINIA L UNTERSEHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974011242 MY RES 2021 Dead(Smutory WowanM Lepel ORD1388.doo 1 Updabd:05.01.17 Page 2 OR.Fr+TYM 41520A7000645141728811 EXHIBIT"A" Legal Description Beginning at the Southeast corner of tract of land conveyed to Wayne L.Knauss and Doris J.Knauss,husband and wife,as described in Book 632,Page 3,Washington County,Oregon film records,and which Southeast comer is described as being South 89"50'East 618.1 feet and South 0°01'West 1108.23 feet from the one-quarter section comer on the North line of Section 9,Township 2 south,Range 1 West,Willamette Meridian, in the County of Washington and State of Oregon;thence South 0°01'West along the East line of tract of land described in contract of sale to said Wayne L.Knauss,et ux,as recorded In Book 593,Page 263,Washington County peed Records,10.0 feet to the true beginning point of the tract herein described;thence North 89°50' West parallel with the South line of said Knauss tract as described in Book 632,Page 3,said film records,171.59 feet to a point which bears South 89'50'East 121.44 feet from the West line of said tract as described in Book 593,Page 263;thence South 0`06'West parallel with said West line,366.77 feet to a point on the South line thereof,thence South 61°07'East along said South line 193.25 feet to the Southeast corner thereof;thence North 01 01'East 472.74 feet to the true place of beginning,except the East 50 feet thereof; TOGETHER WITH a non-exclusive perpetual right-of-way and easement for road and utility purposes on and over,along and within the East 50 feet of the tract above described,to be used and enjoyed by grantee,heirs and assigns,along with all other persons to whom a similar right has heretofore been granted or to whom a similar right-of-way may be hereafter granted;and excepting to grantor the right to dedicated or convey to a public body for public use the said right-of-way for road and utility purposes. I Deed(swulorywairew Legal Page 3 OR-FT-FpyM4h520,470D0845141728811 OR0136840c/Updated:05.01,17 r 3 F- V0 ) 0 100, 200, POINT OF BEGINNING "A" L) I I I BEING THE SOUTHEAST CORNER OF w OIHENT OF BEGINNING "B" LOT 21, ALPINE VIEW Z SCALE:1"-200' a BEING TSOUTHWEST CORNER OF w s� a Q LOT 20, ALPINE VIEW S89'49'59"E 151.73'x, �oSP 0,QN 1� I vi 00'00'08"E 38.55' 89'39'48"E 103.30' N00'00'59"W 227.27'—\a0 a S89'53'02"E SS00'15'12"W 100.00' o.�� 242.78' 'cv 89'52'48"E 33.30' N ?o I M 877 OOK g W 6 S02.02'57"W 162.19' Qc�'a I o. PAGES z c" $ C 12 -575 4u N89'52'48"E 138.89' N N I 'n o iti sOS9, o `n Os" o a o POINT OF BEGINNINGIF" "BEING TRACT B,EWI SON RADGEST CORNE \o��. w a 44 =o�" � S00.01'12"E PROPERTY TO BE ANNEXED a 282.99' 43'44"E40259' UN � OUTLINED IN RED N01'31'37"E 190.10' \ DOC. NO. W %'9O r2014-000610 Q cn sssoa `� 60'59'05"W 307.32' EXHIBIT B 51 LOCATED IN THE NE 1/4 OF SECTION 9 o -N87'43'44"W 402.60' S01'31'25"W 190.10' TOWNSHIP 2 S., RANGE 1 W., W.M. DOCUMENT NO. WASHINGTON COUNTY, OREGON 96-108423 N fE NN BY 6/12/17 III WESTLAKE GRA CONSULTANTS 0m. CKED BY LJS ENGINEER7NC 6 3DRVEYLNC 4 PLANNTNC 90N PACIFIC CORPORATE CENTER Q 15115 S.A.SEQUOIA PARKWAY,SUM ISO (509)584-0052 O 0-020 TIGARD,OREGON 97224 FAX=024-0157 �� REQUEST FOR COMMENTS DATE: March 22,2018 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith_Assistant Planner Phone: (503) 718-2438 Fax: (503)718-2748 Email: LinaCSna.tigard-or.gov ZCA2018-00001 - SHELBY ANNEXATION - REQUEST:This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard.The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However,the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400. 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 Community Development Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. 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, WE NEED YOUR caumfl= , AL-_APRIL ,2K8.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: 71 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. John Wolff M-CFI — A� Deputy Fire Marshal H — (503)259-1504-direct CONDI I 10MW Aprfxxw_._.j3 TV (503)642-4814-fax APPROVAL ng . Tualatin Valley (503)649-8577-main — 0MUMM oR O IANTa► Fire & Rescue John.Wolff@tvfr.com 11945 S.W.70th Avenue — 2_ Tigard,OR 97223-9196 — D= www.tvfr.com Name&NumbdVof Person Commenting — DOR 34-2351-2018 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 Description and Map Approved Tigard OR 97223 May 31, 2018 L As per ORS 308.22,55 Description VMap-Received from: Lina Smith On: 5/15/2018 This is to notify you that your boundary change in Washington County for: ANNEX to CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS ORD. #2018-09 (ZCA 2018-00001)(Shelby) (previously Delayed annexation now requesting to annex 1 of the parcels to city) has been: Approved 5/31/2018 ❑ Disapproved Notes: This 1.03-acre property was previously approved for delayed annexation, along with six (6) other properties (Tigard ORD.No. 2017-08 and DOR File No. 34-2297-2017). See the Survey#10843 and the Plat"Alpine View" for the township,range, and section info. Department of Revenue File Number: 34-2351-2018 Eyouot already done so,the approved Reviewed by:Tammy Keen,Tammy.E.Keen@oregon.gov map(s),legal descriptions(s)and ance must also be filed with the Boundary: Change ❑Proposed Change ssessor and Secretary of state The change is for: ❑Formation of a new district ❑Transfer 6f7 Annexation of a territory to a district ❑Merge Withdrawal of a territory from a district ❑Establishment of Tax Zone ❑Dissolution of a district Notice_ from Taxing District For De artment of Revenue use only Prepared by DOR file number Boundary change packets must be received by the Department of Revenue and the Date received Date approved Date disapproved County Assessor(s)by March 31. Notes District name City of Tigard Mailing address City State ZIP 13125 SW Hall Blvd. Tigard OR 197223 County name Second county name(if applicable) Washington Contact person Second contact person(if applicable) Lina Smith,Assistant Planner Phone Email (503 )718-2438 LinaCS@tigard-or.gov Ordinance/resolution/order Planning file number 2018-09 ZCA2018-00001 Election date Effective date May 8,2018 June 7,2018 and upon filing with the Secretary of State Notes Proposal to annex one(1)property into the City of Tigard.This 1.03-acre property was previously approved for delayed annexation,along with six(6)other properties(Tigard Ordinance No.2017-08,and DOR File No.34-2297-2017). However,the property owners now request to annex immediately, in order to connect to city sewer. Boundary Z Change ❑ Proposed change ❑ Preliminary review ❑ Delayed annexation The change is for ❑ Formation of a new district 0 Annexation of territory to a district Withdrawal of territory from a district ❑ Dissolution of a district ❑ Transfer ❑ Merge ❑ Establishment of tax zone Documents included Q Ordinance/Resolution/Order Q Map of Boundary Change(shows point of beginning and all bearings and distances.) Q Legal description of Boundary Change Send to Contact us Oregon Department of Revenue Email:boundary.changes@oregon.gov Cadastral Information Systems Unit Fax:503-945-8737 PO Box 14380 Salem OR 97309-5075 150-504-407(Rev.07-14) CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- 01 ANORDINANCE ANNEXING ONE(1)PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APPROVING THE SHELBY ANNEXATION (ZCA2018-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUN"T"Y URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b),ORS 222.125,and ORS 222.170(1) to annex contiguous territory upon receiving written consent from•owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS,the Tigard Planning Commission held a public hearing on April 16,2018,and Tigard City Council held a public hearing on May 8, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCT?v� 2S109AB,Tax Lot 1400, 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 April 16,2018 and May 8,2018;and WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation, or to the City designations which are the most similar;and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09,and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan,and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS., the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 18-0 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A"and"B",and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00001) as findings in support of this decision,a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the annexation shall be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By Zh /ld vote of all Council members present after being read by number and title only,this g " day of —j-Yf 4!�f ,2018. �Qil d-��• �idr�_ Carol A. Krager,City Recorder APPROVED: By Tigard City Council this 19 day of ��' ,2018. Approved as to form: Jason B.Snider,Council President City A Certified to be a Tine Copy of Ortel- 17-0 9 Fl g J ao (Z Original.on File T Date By: , Recorder-City of 7%g ORDINANCE No. 18- O°� 1 a Page 2 Date: _.`721'a4l EXHIBIT A Summit Land Surveyors, LLC 12950 SW Pacific Hwy, Suite 255 Tigard, OR SUMMIT Phone& Fax 503.503.928.5589 www.summitiandsurveyors.com LAND SURVEYORS April 16, 2018 Annexation Description Basis of Bearings: The bearings noted hereon are based on Washington County Record of Survey Number 10843. Legal description: That Tract of land described in deed to Matthew Shelby and Tabitha Shelby and recorded in document No. 2018-004647, Washington County deed records being more particularly described as follows: Beginning at the Southeast corner of Lot 21 "Alpine View", a duly recorded plat in Washington County; thence along the Westerly line of SW Alpine Crest Way and Tract"D"of said Plat and the Southerly projection thereof,S00°01'00"W, 394.85 feet to a point on the Northerly right of way line of SW Bull Mountain Road(County Road No.2515); thence along said right of way line, N60°57'30"W, 138.99 feet; thence leaving said right of way line, N00°01'00"E, 328.01 feet to a point on the Southerly line of Lot 24"Alpine View"; thence along the Southerly line of Lots 24 and 21 "Alpine View", S89°42'00"E, 121.53 feet to the point of beginning. Containing: 1.01 Acres. REGISTERED PROFESSIONAL LAN SU FEBRUARY 08O, 2000 JOHN R. WADE 59999 LS EXPIRES- 06/30/18 30 31 33 34 5 EXHIBIT B z 11 m 29 4 J a a 28 32 3 N 12 cc w SW OUZEL LANE } w 27 < 2 N 13 23 1-- N 15 J � 1 14 22 z_ 26 25IV Q 24 3 SW STARVIEW DRIVE Q 21 v> S89'42'00"E 121.53' 20 POINT OF BEGINNING 19 18 U H- U a o • `a�^ 17 0 o Qi o �000c o o .n z OD . o N OG oo M Q N U H \ S[y W CO O� '18 NTgiN 2S1\ROgO 1 r6 S 3 S) OSj. 4 g9 0!y REGISTERED PROFESSIONAL 5 \ LA S z S w 6 >gNc�s c l T 17 FEBRUARY 8N 2000 7 \ JOHN R. WADE N \ 59999 LS NOTE: EXPIRES.- 06/30/20 THE BASIS OF BEARINGS NOTED HEREON ARE BASED ON WASHINGTON COUNTY RECORD OF SURVEY NUMBER 10843. PROPERTY ANNEXATION EXHIBIT TRACT AS DESCRIBED PER DOC.NO.2018-004647 SUMMIT SITUATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN, LAND SURVEYORS WASHINGTON COUNTY,OREGON 12950 SW PACIFIC HIGHWAY, SUITE 255 TIGARD, OR 97223 NI DAIS SCALE: PREPARED FDIC PHONE & FAX: 503.928.5589 1998_261 104/16/18 V=100' IMATFHEWSHELBY John, Plotted: Apr 16, 2018 — 3:14pm, P:\998-261 SW Bull Mnt Rd Annex\dWg\Maps\998-261—Work.dWg MAILING / NOTIFICATION RECORDS City of Tigard Memorandum To: Affected City Staff From: Lina Smith,Assistant Planner Re: RECENT ANNEXATION AND CENSUS INFORMATION City of Tigard Ordinance No. 2018-09 File No. ZCA2018-00001 File Name: Shelby Annexation Date: June 11, 2018 On May 8, 2018, City Council approved the property located at 13285 SW Bull Mountain Road (WCTM 2S109AB, Tax Lot 1400) for annexation into the city (Ordinance No. 2018- 09).This annexation was filed with the Oregon Secretary of State on June 7, 2018,and is now effective immediately. Please note the subject property was previously approved by City Council for delayed annexation under Ordinance No. 2017-08. However, the property owners now request to annex immediately,in order to connect to city sewer. Attachment: Zoning Map Copy: ZCA2018-00001 Land Use File S z Zoning Map r� R-� Generalized Zoning Categories NTAIN R10GE CT WIL Rf7i(PD) R_7 3 � Zoning esc ' tion DR W a LU L —� cc Z Residential i pG LU pR Mixed Use Residential 7a Z 3 JMixed Use Central Business District Q EAH TER Commercial STARVIEW DR NMixed Use Employment IPID) O Industrial � 9 Parks and Recreation Washington County Zoning 1 '• 1 . to Over Zones � av. Historic District Overlay 4Q '�( J 'Planned Development Overlay "' •�,' 1 �� Subject Site cc N I CO(E� q R y�ro 4 — BATTERS I- �N LN i �P O W Map printed at 11:20 AM on 05-Apr-18 Q, Q R-7 I Mbmution on Ihb map Is br genera loaf on oMy eM h.W ve gad wttM1 IHe Development Servkea Dirieion. RH ETT DATA IS DERIVED FROM MULTIPLE SOURCES.THE CRY OF TIGARD MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY, A T M TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE O� M CRY OF TIGARD SHALL ASSUME NO LIASILRY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard 13125 SW Hall Blvd �t O� MADDIE LN TIGARD APS Tigard,OR97223 _._... 0 s.,.4 www.tigard-or.gov s City of Tigard May 21, 2018 NOTICE TO AGENCIES, PUBLIC UTILITIES, ELECTRIC COOPERATIVES AND TELECOMMUNICATIONS CARRIERS OPERATING WITHIN THE CITY OF TIGARD, OREGON Enclosed with this letter is information concerning a property recently approved for annexation into the City of Tigard. The subject property (13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400) was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. The following items are included with this letter: • City Council ordinance approving the proposed annexation (Ordinance No. 2018-09) • Legal description of the subject property • Surveyed map of the subject property THIS IS THE FINAL DECISION OF THE CITY, AND IS EFFECTIVE UPON THE EFFECTIVE DATE OF ORDINANCE NO. 2018-09 (JUNE 7, 2018), AND FILING WITH THE OREGON SECRETARY OF STATE. Please feel free to contact me at (503) 718-2438 or LinaCSktigard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Enclosures Copy: ZCA2018-00001 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 01 - AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APPROVING THE SHELBY ANNEXATION (ZCA2018-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b),ORS 222.125,and ORS 222.170(1) to annex contiguous territory upon receiving written consent from•owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District,Washington County Enhanced 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 April 16,2018,and Tigard City Council held a public hearing on May 8, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S109AB, Tax Lot 1400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2)public hearings on the issue of annexation into the City on April 16,2018 and May 8,2018;and WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced 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. 18-0 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A"and."B",and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00001) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder.In accordance with ORS 222.180, the annexation shall be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By ZOWWW0J112-vote of all Council members present after being read by number and title only,this gam- day of 4 y 52018. Carol A.Krager,City Recorder APPROVED: By Tigard City Council this g day of !/�a _ 32018. r Approved as to form: Jason B.Snider,Council President City Ar Certified to be a True Copy of Orcr_ IF -a 9 '�j/1�I Original.on File Date sy: _ Recorder-City of T*nd ORDINANCE No. 18- 0 " Page 2 Date: Q y D EXHIBIT A Summit Land Surveyors, LLC 12950 SW Pacific Hwy, Suite 255 Tigard, OR 97223 SUMMIT Phone&Fax 503.928.5589 www.summitiandsurveyors.com LANG SURVEYORS April 16,2018 Annexation Description Basis of Bearings: The bearings noted hereon are based on Washington County Record of Survey Number 10843. Legal description: That Tract of land described in deed to Matthew Shelby and Tabitha Shelby and recorded in document No. 2018-004647, Washington County deed records being more particularly described as follows: Beginning at the Southeast corner of Lot 21 "Alpine View, a duly recorded plat in Washington County; thence along the Westerly line of SW Alpine Crest Way and Tract"D"of said Plat and the Southerly projection thereof, S00°01'00"W, 394.85 feet to a point on the Northerly right of way line of SW Bull Mountain Road(County Road No.2515); thence along said right of way line, N60°57'30"W, 138.99 feet; thence leaving said right of way line, N00°01'00"E, 328.01 feet to a point on the Southerly line of Lot 24"Alpine View; thence along the Southerly line of Lots 24 and 21 "Alpine View, S89°42'00"E, 121.53 feet to the point of beginning. Containing: 1.01 Acres. REGISTERED PROFESSIONAL LAN SU FEBRUARY 088,2000 JOHN R. WADE 59999 LS EXPIRES- 06/30/18 30 31 33 34 5 EXHIBIT B z 11 m 29 4 U 2832 12 3 w OUZEL LANE 4SWSWE > w 27 3 2 13 z, 23 N r15 w J � U 1 14 22 z FL 26 25 Q 24 < SW STARVIEW DRIVE Q 21 cn S89'42'00"E 121.53' 20 POINT OF BEGINNING 19 18 U H- U Q 17 O O p o N �0 3 O �O GGC OO in Z 00 o � � N � N U E �Cp OO \Np q/N R 3 2S�S pqO Nso. S 4 ) x`3.99 p'w REGISTERED PROFESSIONAL 5 L \ LA S Y z S 6 > T M E ON M 17 FEBRUARY 08, 2000 7 \ JOHN R. WADE � \ 59999 LS EXP/RES.• 06/30/20 NOTE: THE BASIS OF BEARINGS NOTED HEREON ARE BASED ON WASHINGTON COUNTY RECORD OF SURVEY NUMBER 10843. PROPERTY ANNEXATION EXHIBIT TRACT AS DESCRIBED PER DOC. NO.2018-004647 SUMMIT SITUATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN, LAND SURVEYORS WASHINGTON COUNTY,OREGON 12950 SW PACIFIC HIGHWAY, SUITE 255 TIGARD, OR 97223 NO.: DATE: SCALE: -EDFOR: PHONE & FAX: 503.928.5589 998-261 04/16/18 1"=100' MATTHEW SHELBY John, Plotted: Apr 16, 2018 — 3:14pm, P:\998-261 SW Bull Mnt Rd Annex\dwg\Maps\998-261—Work.dwg AFFIDAVIT OF MAILING • I,Lina Smith,being first duly sworn/affirm,on oath depose and say that I am an Ass ciate Planner for the City of Tigard,Washington County,Oregon and that I served the following: (Check Appropriate Box(s)Below) ® NOTICE OF Decision FOR: Shelby Annexation ZCA2018-00001 ❑ 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, May 14,2018 and deposited in the United States Mail on May 14.2018 ,postage prepaid. �it Lina Smith STATE OF OREGON ) County of Washington ) SS. City of Tigard ) Subscribed and sworn/affirmed before me on the day of 32018. OFFICIAL STAMP GLORIA NALLELY PIKKIN MARIN ' NOTARY PUBLIC-OREGON '- COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF OREGON -7 -7 My Commission Expires: ! 0 `l � / 1 Ems/Z 120 DAYS = N/A EXHIBIT A DATE FILED: May 8,2018 w DATE MAILED: May 14,2018 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF DECISION BY THE CITY COUNCIL Case Number: ZCA2018-00001 (QUASI-JUDICIAL ANNEXATION) Case Name: SHELBY ANNEXATION Applicants: Matthew and Tabitha Shelby. 13285 SW Bull Mountain Road,Tigard,OR 97224 Owners: Same as applicants Address of Property: 13285 SW Bull Mountain Road Tax Map/Lot No.: Washington County Tax Assessor's Map 2S109AB.Tax Lot 1400 A FINAL DECISION INCORPORATING THE FACTS, FINDINGS, AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION (ORDINANCE NO. 2018-09). TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANTS' MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT, AND THE PLANNING COMMISSION'S RECOMMENDATION FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO CONSIDER THIS APPLICATION ON APRIL 16, 2018, AND UNANIMOUSLY RECOMMENDED APPROVAL TO CITY COUNCIL. THE CITY COUNCIL HELD A PUBLIC HEARING ON MAY 8,2018,PRIOR TO MAKING A DECISION ON THIS REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS,FINDINGS,AND CONCLUSIONS CONTAINED WITHIN ORDINANCE NO. 2018-09. REQUEST: This proposal is to annex one (1) parcel of land, located at 13285 SW Bull Mountain Road, into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately, in order to connect to city sewer. 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 Community Development Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. ACTION: ® Approval as Requested ❑Approval with Conditions ❑ Denial FINAL DECISION: THIS IS THE FINAL DECISION OF THE CITY,AND IS EFFECTIVE UPON THE EFFECTIVE DATE OF ORDINANCE NO. 2018-09 (JUNE 7, 2018),AND FILING WITH THE OREGON SECRETARY OF STATE. The adopted ordinance 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 LinaCSntiard- or.gov. APPEAL: A review of this decision may be obtained by filing a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA), according to their procedures within 21 days after this decision becomes final.The deadline to file a Notice of Intent to Appeal with LUBA is May 29,2018. 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& iggard ororgov. ■ 1 STIJAMES LN z' Cf- Zoning Map o ' ■ r — O �� r '�. - . -r ■ ti w \�� o r - - -.1 �� Generalized Zoning Categories a: � i �NTAIN RIDGE CT ..�`�, R-7 ❑ � J W1LM R-7 (PD) _I-- j ----R-7 Q I _3 -�— F i Zoning Description �t 2 .u'^,HOODVISTA LN JDR_ '' Residential ,�r 1 a$1 PINE VIEa Z a "' Q r OR Mixed Use Residential ZTa ,A Mixed Use Central Business District m. L JSAF! TFRcc LQ Commercial Ot1Z� IEW DR SMixcd Use Employment a''' �'` _ Industrial • 1 r- r r r ■ ♦• u.l ar p Parks and Recreation 41* • ,, • 1 ■ ■ 2 Washington County Zoning � ■ 1 — •♦� ; Overlay "Zones � ■ Ilistorie District Overlay � O ■ A ■ n 4,w 1 1 G"VG 1 LU Planned Development Overlay <� /fir s W a. �Ol SPL o �- •- . — .n. . - 1 = Subiect Site Q w R-7 ♦.; a. PRj' rn rIf 111= Nicol sF( ti T RAF TDR ti''�q ; .., . BATTERSOrd LN ■ 1 1 `PQ" `Al A j ■ Map punted at 11:20 AM on 05-Apr-18 P5� Q R-7 ��.,-„� , ,-.N,-,,,�a��, �IM De,ebPnenl s.rAm.oNnol RHETT DATA IS DERIVED SROM AVLTIVLE SDMUS THE CM or Po oMANEs No _ WARRANTY.i1CPRCSCNTATON OR RUARANfrS AS TO TI[CONTCNT,ACCURACY. 0110CT M - -.. CT'Or rO D SHALL ASSUME NOO U""TY roR ANY MR RSL0MiON3.on � INACCURACIES IN THE RlroRmnm PROVIDED REGAR MOr HOW CAUSED. COMMUNITY DEVELOPMENT DEPARTMENT Q F .w 1 - City of TIgand —' ■ MADDIE LN D 13125 SW Hau Blvd 9 � T�pR Aps Tigard,OR 97223 e 7 ...-. ---._ 1 -- 503 6394171 334 G2 � www.tigardargov � I � ALBERTSON,BARRYEXHIBIT B 2S109AB06900 15445 SW 150TH AVE ANNALA-KINNE,MICHAEL PATCH TIGARD,OR 97224 WOOD,RACHEL ANNE 13114 SW STARVIEW DR TIGARD,OR 97224 ATTN:DONNY LEE 2S109AB13800 SECTOR HOUSING OFFICER AVILLA,TODD VICTOR 2185 SE 12TH PLACE 13248 SW STARVIEW DR WARRENTON,OR 97146 TIGARD,OR 97224 BEACH,DAYLE D.&EVELYN O. BEILKE,SUSAN 11530 SW 72ND AVENUE 11755 SW 114TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 2S109ACO2300 BONILLA,NACIA /STASNY,JAMIE BERRY,JEFFERY P TRUST METROPOLITAN LAND GROUP,LLC 13175 SW BULL MTN RD 17933 NW EVERGREEN PARKWAY,SUITE 300 TIGARD,OR 97223 BEAVERTON,OR 97006 2S109AC00300,2S109AC04200 2S109AC03900 BOSLEY REVOCABLE LIVING TRUST BROWN,BRENDA K BY BOSLEY,DAVID A&PATRICIA L TRS 14543 SW ANGUS PL 14665 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 BUEHNER,GRETCHEN 2S109ACO2200 PO BOX 230268 BULL MOUNTAIN LLC TIGARD,OR 97281 3115 SW STEPHENSON ST PORTLAND,OR 97219 2S109AB14300 2S109AB14000 BUNNER,STEPHANE BURRIS,RAECHEL SWEET-BUNNER,AMANDA 14319 SW ALPINE CREST WAY 1336 SW OUZEL LN TIGARD,OR 97224 TIGARD,OR 97224 CAFFALL,REX CAROL RENAUD 13205 SW VILLAGE GLENN COUNTY ADMINISTRATIVE OFFICE-COMMUNITY TIGARD,OR 97223 ENGAGEMENT 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S109AB14900 2S109AB13200 CHANDOK,AMRITPAL SINGH CHEN,ANGIE C 13362 SW ALPINE VIEW DR 14274 SW STELLER'S JAY LN TIGARD,OR 97224 TIGARD,OR 97224 2S109ACO2800 CITY OF TIGARD CHU,BRANDON M&MULIATI ATTN:LINA SMITH 14578 SW ANGUS PL 13125 SW HALL BLVD. TIGARD,OR 97224 TIGARD,OR 97223 2S109AB04200 2S109AB04300 CLAUSS,JAMES M&LORRAINE E CONE,ROSA LUY&CHRISTOPHER LEE 14394 SW 133RD AVE 14464 SW 134TH DR TIGARD,OR 97224 TIGARD,OR 97224 CONNERY,STACY 2S109ACO2700 12564 SW MAIN STREET COX,DONNELL TIGARD,OR 97223 14554 SW ANGUS PL TIGARD,OR 97224 CRAGHEAD,ALEXANDER 2S109AB01900 12205 SW HALL BOULEVARD CRISTEA,LIVIU TIGARD,OR 97223-6210 14455 SW 134TH AVE TIGARD,OR 97224 2S109AC03200 2S109AB14100 CURTIS,KENNETH CURTIS,MICHAEL RYAN&KELLY KANE,EDWARD 14297 SW ALPINE CREST WAY KING,TANISHA TIGARD,OR 97224 13361 SW ANGUS CT TIGARD,OR 97224 2S109AC06000 DEFILIPPIS,VICTOR DECKER,ROBERT 13892 SW BRAYDON CT 13284 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AB13400 2S109AB12200 DEHAAN,HEIDI B DELUCA,PHILIP G&DONNA J 13125 SW STARVIEW DR 14264 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S 109AB04500 2S 109AC05800 DESAI JULY 12016 FAMILY TRUST DURHAM,HEATHER C BY DESAI,GIRA M& 13154 SW NICOLE LN DESAI,MAKRAND N TRS TIGARD,OR 97224 6241 PASEO ALTA RICO CARLSBAD,CA 92009 2S109AB13000 2S109AB01700 ECHEVERRIA,MIRIAM B EGGER SURVIVOR'S TRUST 14236 SW STELLER'S JAY LN EGGER FAMILY TRUST PORTLAND,OR 97224 BY EGGER,JACOB L TR 13395 SW BULL MOUNTAIN RD TIGARD,OR 97224 ENGVALL,ANN 2S109AC05500 15461 SW 82 PL FAKHRY,MALEK TIGARD,OR 97224 FAKHRY,JENNIFER FAKHRY,YASMINA 13199 SW NICOLE LN TIGARD,OR 97224 2S109AB12000 2S109AB16000 FENN-ANSTRUTHER,DAVID L FOSTER,ANGELA FENN-ANSTRUTHER,JANET L 13332 SW PIPIT LN 14296 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S 109AB 14500 2S 109AB 15200 FRICKE,MICHELLE M FROMWILLER,AMBER M 13372 SW OUZEL LN NANTZ,EMMITT P TIGARD,OR 97224 13326 SW ALPINE VIEW DR TIGARD,OR 97224 FROUDE,BEVERLY 2S109AB06700 12200 SW BULL MOUNTAIN ROAD GAMBILL,BROCK I&ABIGAIL TIGARD,OR 97224 13098 SW STARVIEW TER TIGARD,OR 97224 2S 109AB02100 2S 109AB04000 GOLDENBERG,IRVING&JANE GOLEZ,JIMMIE 4153 E CASCALOTE DR 14338 SW 133RD AVE CAVE CREEK,AZ 85331 TIGARD,OR 97224 2S109AB13300 HADLEY,BONNIE CHAIR CPO 4B GRIGGS LIVING TRUST 16200 SW PACIFIC HWY SUITE H BOX 242 14292 SW STELLER'S JAY LN TIGARD,OR 97224 TIGARD,OR 97224 HAMILTON,LISA CPO 4B VICE CHAIR 2S109AB09900,2S109AB12800 13565 SW BEEF BEND ROAD HARVEY MARITAL TRUST TIGARD,OR 97224 BY KATHLEEN HARVEY TR 13160 SW HOOD VISTA LN TIGARD,OR 97224 2S109AC04900 2S109AB05400 HAUCK,RYAN&ALICIA HEINECK,DAVID W&GIUSEPPA 14612 SW 133RD AVE HEINECK REV LIV TRUST TIGARD,OR 97224 14323 SW 133RD AVE TIGARD,OR 97224 HERING,J.BLAKE. 2S109AB12600 NORRIS BEGGS&SIMPSON HERR,BEN TRUIT&JUDY ANN HERR 121 SW MORRISON,SUITE 200 JOINT REVOCABLE LIVING TRUST PORTLAND,OR 97204 14188 SW ALPINE CREST WAY TIGARD,OR 97224 2S 109AB 14400 2S 109AB05500 HIDEGHETY,LAUREN&MICHAL HOGAN,KEVIN GERARD&DENICE MAR 13354 SW OUZEL LN REVOCABLE LIVING TRUST TIGARD,OR 97224 14357 SW 133RD AVE TIGARD,OR 97224 2S109AB14700 HOWLAND,HAROLD AND RUTH HOUSECOWDREY,LAINE O&DANIELLE 13145 SW BENISH 13369 SW OUZEL LN TIGARD,OR 97223 TIGARD,OR 97224 2S 109AB03900 2S 109AB 13100 HPA BORROWER 2017-1 LLC HUGHES,DUSTIN ALLEN REV LIVING 180 N STETSON AVE STE 3650 32332 SW LAURELVIEW RD CHICAGO,IL 60601 HILLSBORO,OR 97123 2S109AC00500 2S109AC05600 HUMMEL,B W&GERALDINE B JABBARY,SHERZAD 14695 SW 133RD JABBARY,IKHLAS TIGARD,OR 97223 13183 SW NICOLE LN TIGARD,OR 97224 2S 109AB 12500 2S 109AB02000 JOHNSON LIVING TRUST KARR,JONATHAN S&CLAUDIA A BY JOHNSON,LAWRENCE CONRAD& 14437 SW 134TH DR JOHNSON,ANNE PAIGE TRS TIGARD,OR 97224 14216 SW ALPINE CREST WAY TIGARD,OR 97224 2S109AC06200 KIMMEL,DAVID KHUU,SYKIET G&MINDY T 1335 SW 66TH SUITE 201 13346 SW NICOLE LN PORTLAND,OR 97225 TIGARD,OR 97224 KNAPP,MONA 2S109ACO2400 9600 SW FREWING STREET KNUDESON,KIM& TIGARD,OR 97223 REBECCA 13125 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S109AC05300 multiple: 2S109AC01700 to 2S109AC01800 LAI,CARMELITA A&ALAIN L LARSON,JAY W&MARGARET A JOINT 13245 SW NICOLE LN LIVING TRUST TIGARD,OR 97224 14800 SW 133RD AVE TIGARD,OR 97224 2S 109AB 15400 2S 109BD00100 LEMASTERS,CHARLES LEVITSKY,STAN A&ROCHELLE R 14165 SW ALPINE CREST WAY 13580 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14800 LISA HAMILTON CPO 4B VICE-CHAIR LIANG,LIANG 16200 SW PACIFIC HWY SUITE H BOX 242 13367 SW OUZEL LN TIGARD,OR 97224 PORTLAND,OR 97224 LONG,JIM CHAIR,CPO 4M 2S109AC05000 10730 SW 72ND AVE MAI,CHRISTOPHER&ERICA PORTLAND,OR 97223 13287 SW NICOLE LN TIGARD,OR 97224 2S109AB04400 2S109BD03300 MALLORY,MATTHEW D&MARIE M MARSHALL,J G& 14362 SW 134TH DR FRIEDE,KARLA A TIGARD,OR 97224 13580 SW TARLETON CT TIGARD,OR 97224 2S109AB09800 2S109AB04100 MARTIN,DANIEL R&MELIA N MCFARLANE,BRUCE L&BEVERLY E 14322 132ND PL 14366 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109AB03800 2S109AB13500 MESHER,BRENT J METZLER,EDWARD J TRUST DIETRICH,EVANGELINE METZLER,SAUNDRA C TRUST 13387 SW ALPINE VIEW DR 14457 SW FORAN TER TIGARD,OR 97224 TIGARD,OR 97224 MILDREN,GENE 2S109AB01600 MILDREN DESIGN GROUP MONTGOMERY,WILLIAM L&MARIANNE 7650 SW BEVELAND ST,STE 120 13379 SW BULL MOUNTAIN RD TIGARD,OR 97223 TIGARD,OR 97224 2S109AB12700 2S109AC03100 MOORE,CAROLYN B&DUSTIN J MULLETTE-BAUER,WILLIAM R 14196 SW STELLERS JAY LN 13375 SW ANGUS CT TIGARD,OR 97224 TIGARD,OR 97224 MURDOCK,NATHAN AND ANN 2S109ACO2600 7415 SW SPRUCE STREET NAHM,KEVIN I&ALICE S TIGARD,OR 97223 13135 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S109AC03600 NEAL BROWN.GRI NASH,JASON R MEADOWS INC REALTORS 14687 SW ANGUS PL 12655 SW NORTH DAKOTA STREET TIGARD,OR 97224 TIGARD,OR 97223 NEWTH,PATTY 2S109AC03400 12180 SW MERESTONE COURT NGUYEN,DUC H TIGARD,OR 97223 RAMONES,DONALYN E 13426 SW ANGUS CT TIGARD,OR 97224 2S 109AC03300 2S 109AB 18200 NGUYEN,QUEMINH NISHIMOTO,RICK&KATHLEEN A 13353 SW ANGUS CT 3123 EHRCK HILL RD TIGARD,OR 97224 HOOD RIVER,OR 97031 2S109AB13700 2S109AB15700 OLINGER,JOHN M&ERIN C OMOTOYINBO,TEMITAYO 13164 SW STARVIEW DR 13331 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AC05400 2S109AC03500 OSSANNA,MARK PARK,CHUNG JAE&JI-YEON 13231 SW NICOLE LN 14662 SW ANGUS PL TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14200 2S109AC04000 PERERA,PRIYANEE B FAMILY LIVING PIERCE,TAMARA COLLINS BY PERERA,PRIYANEE B TR PIERCE,STEPHEN T 14285 SW ALPINE CREST WAY 14519 SW ANGUS PL TIGARD,OR 97224 TIGARD,OR 97223 2S109AB04600 2S109AB15900 PITTS,JEREMY DAVID POWERS,KIM D BY BAKER&MCKENZIE 13373 SW ALPINE VIEW DR LEVEL 28 SENGOKUYAMA TOWER TIGARD,OR 97224 1-9-10 ROPPONGI MINATO-KU TOKYO 106-0032 2S109AC00600 ROGERS,KATE RIETMAN,SHAWN C&B JORINE 9527 SW BROOKLYN LN 14715 SW 133RD AVE TIGARD,OR,97224 TIGARD,OR 97224 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S109AB14600 2S109AB05300 RUTH,BEN MICHAEL SALSIG,BENJAMIN G&ATHENA D 13370 SW OUZEL LN 14297 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109BD03200 2S109AC00400 SCHATZEL,JAMES A SCHMITZ,NATHAN J BULLARD-SCHATZEL,JUDITH S PALMANTEER,DEVON J 13570 SW TARLETON CT 14635 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109AB12300 2S109AC04700 SCHUPFER,ERIN L&DANIEL S SHAN,MICHAEL 14248 SW ALPINE CREST WAY 13319 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AC06100 2S109AB05900 SHIFERAW,KULITI G SHORT,MICHAEL C 13292 SW NICOLE LN 13103 SW STARVIEW DR TIGARD,OR 97223 TIGARD,OR 97224 2S109ACO2900 2S109AB06000 SIGAMANI,SARAVANAN SKALSKY,NATHAN C&REBECCA L 13407 SW ANGUS CT 13095 SW STARVIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S 109AB 15100 2S 109AB01100 SMITH,RICHARD W&FLORENCE R SONU,TERESA CHOLCHA 14261 SW ALPINE CREST WAY PALMROSE LIVING TRUST TIGARD,OR 97224 BY PALMROSE,GERALD W&CATHERIN 13265 SW BULL MOUNTAIN RD TIGARD,OR 97224 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 2S109AB12900 2S109AC05100 STEPHENS,CHRISTOPHER L&DENISE STOICA,CATALIN&ALINA 14204 SW STELLER'S JAY LN 13275 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AB03700 2S109AB01800 STRBA,JAROSLAV P& STUHLDRYER,SHAUN&LORI STRBA-CECHOVA,KATRINA 14473 SW 134TH DR 14256 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S109AB15800 SUNDBERG,ROSS STURGILL,RICHMOND BRETT&HAILE 16382 SW 104TH AVE 13357 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AB01400 2S109AB13600 SWAN,ROBERT J DONNA B SWENSEN,KURT S 13285 SW BULL MTN RD 14443 SW FORAN TER TIGARD,OR 97223 TIGARD,OR 97224 2S109AC03800 2S109AB15500 TABOADA,THADDEUS E&THERESA D TAMWU,GINNY 14715 SW 109TH AVE#3 14157 SW ALPINE CREST WAY PORTLAND,OR 97224 TIGARD,OR 97224 2S109ACO2100 2S109AC03000 TIGARD-TUALATIN SCHOOL DIST 23J TRINH,DAT ATTN:BUSINESS MANAGER NGUYEN,KIM 6960 SW SANDBURG ST 13389 SW ANGUS CT TIGARD,OR 97223 TIGARD,OR 97224 2S109AB13900 2S109AC05200 TSAI,MAY YANG,PENG Y&STEPHANIE P 14330 SW ALPINE CREST WAY 13263 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97223 2S109AB12400 2S109AB12100 VARDHANA,CHAITANYA WALLACE,DON&CYNTHIA 14230 SW ALPINE CREST WAY 14272 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S109AB09700 2S109AC05700 WANG,ZHIFEI WEAVER,SAMUEL LIU,JIE CYKLER KELSEY 14308 SW 132ND PL 13177 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 WEGENER,BRIAN 2S109BD07400 9830 SW KIMBERLY DRIVE WESTGATE FAMILY 2017 TRUST TIGARD,OR 97224 BY WESTGATE,JOHN B&GRETCHEN R TR 14670 SW 136TH PL TIGARD,OR 97224 2S109AC03700 2S109AB15300 WHITTEN,LORA C WOLF,JAMES&RITA M SHEPHERD,ERIC J 13294 SW ALPINE VIEW DR 14591 SW ANGUS PL TIGARD,OR 97224 PORTLAND,OR 97224 2S109BD03100 2S109AB15000 WOOD,AIMEE D&ALLEN M WORTHING,NICHOLAS M&JENNA M 13585 SW TARLETON CT 13348 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AC05900 2S109AC04800 WRIDGE,AMBER M YOUNG,DAVID E 13168 SW NICOLE LN YOUNG,MARDI C TIGARD,OR 97224 14634 SW 133RD AVE TIGARD,OR 97224 2S109AB15600 2S109AB06800 ZARRABI,MEHRDAD ZERN,SAMUEL N JR 14143 SW ALPINE CREST WAY WESTOVER,CHRISTINA L TIGARD,OR 97224 13102 SW STARVIEW TIGARD,OR 97224 Pamplin MedlaGroup 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland,OR 97269-2169 Phone: 503-684-0360 Fax: 503-620-3433 E-mail: legalsCacommnewspapers.com 6 AFFIDAVIT OF PUBLICATION State of Oregon,County of Washington,SS I, Charlotte Allsop, being the first duly sworn, PUBLIC HEARING ITEM: depose and say that I am the Accounting Manager of the The Times, a newspaper of This application will be processed tb_rough a Type III-Modified general circulation, published at Tigard/Tu- Procedure..City Council.will matte a decision on this applica=. alatin, in the aforesaid county and state, as 00A w :n re or endatign from P = ion< defined by ORS 193.010 and 193.020,that Tigard Planning Commission will conduct a public hearing City of Tigard on this matter beginning at'7:00-p=. on Monday,April 1 Notice of Public Hearing-Shelby Annex- 20�` li Conseil wilt,ccmduct a,public hearing.o ation thy.:iingftr_I afl:j _<m�.on.Taesday,Maty 09,2018. Ad#:38166 B .. _.. ' s.wtl be Located m-the Town Hall of the Tigard Civie er at 13125 SW IIall Blvd.,`Tigard,Oregon 97223. A copy of which is hereto annexed,was Anyone wishing to present written testimony on this proposed published in the entire issue of said action may do so by sending it to Lina Smith,Assistant Planner newspaper(s)for 2 week(s) in the in the.City of Tigard'Pla{:mng Division, 131 5 SW Hall'Blvd;i following issue(s): Tigard,OR 97223,or LmaCSQtigard-or.gov.Include the Case# 03/29/2018,04/05/2018 ID Number:ZCA2018-00001.Anyone wishing,to present oralw testimonymay do so at the hearings. 6 SIKELBY ANNEXATION- j QUASI-WDI+CIAL ANNEXATION i Charlotte Allsop(Accounting Manager) CASE NO.ZCA20184110001 REQUESTS This proposal is to annex one(1)parcel of land, Subscribed and sworn to before me this located at 13285 SW BtrB Mountain Road,into the City of Ti- 04/05/2018. gard.The 1.03-acrwpraperty'was previously approved by City; Council for'delayed"dnnexation (Ordinance No: 2017-08).' However,the property owners now request to annex immedi:, ately, in order:to connect to city sewer. LOCATION: 13285; t �� SW Bull Mountain Road; WCTM 2S 109A$, Tax Lot 140.i NOTARY BLIC FOR OREGON COUNTY ZONE: R-6: Residential,_5 units/acre,mimmumi CRITERIA: The approval standards for annexations are de-+ scribed in Co>ininunit,�:�ev�ent Cale Chapters 18.710 ands 18.��0;-Cunrptea�stY�:- :.� 1,-tel .il,•Goal 12, and; Goal 14;CiltS Chapter 222;nail Metra Code Chapter 3.09 Acct#: 107839 The staff report and recommendation will be available for pub- Attn:JOE PATTON lic review at least'15 days prior to the Planning Commissioni TIGARD,CITY OF public hearing.-Additionally, a copy of the application, doc4-i 13125 SW HALL BLVDments,and evidence considered will be contained in•the publicl TIGARD, OR 97228 record, and available for public review. If you wouldlitke tol review this material at no,cost,please contact Lina Smith,As-I sistant Planner at(503)71$-2438 or LinaC'S(a.tigard-or.M I#i you wish:to receive copies of the materials,city.staff will pre., OFFICIAL STAMP pare them for you at a.reasonable cot. JERRIN L. SIF Publish-019,0410512018, TT a NOTARY PUBLIC-OREGON COMMISSION NO.941161 MY COMMISSION EXPIRES 11LY 28,2019 Pamplin. Media.Group 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: 03/20/18 Ad Date: 03/29/18 Name: Class: 1202 Company: TIGARD, CITY OF Ad ID: 38166 Ad Taker: LFAXON .M: Attn: JOE PATTON PO#: JOE PATTON 'a application will be processedthroughaType IIl-ModiS Address: 13125 SW HALL BLVD Words: 364 urea rcc Council will make a decis on m this ap. on,with a recommendatinn from Planning Commission. TIGARD,OR 97228 Lines: 53 tgard Plann=enission will conduct a public h this macer at 7:00on Monday,April 16 e ephone: (503)718-2491 Agate Lines: 82 18.Tigard City C-oea wr8 conduct a public hearing Description: PUBLIC HEARING ITEM: This a lice- De the 8.292or matter begmmng at 7:30 p.m.nn Ibeaday,Mry x,2018 pp P hearings will be located in the Town Hall of the Tigan do Inserts: 2 ivic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. Blind Box: yore wishing to present written testimony on this propose iction may do so by sending it to Lina Smith,Assistant Plana the City of Tigard Planning Division,13125 SW Hall Blvd. rgard,OR 97273,or L mCS�o Beard-or aov.IncludethcCm ber.ZCA201& present oral Anyone wishing to preseo Discount: ;0.00 Gross: $276.95 Num ony may do so at the hearings. Surcharge: $0.00 -SHELBYANNEXATION- CULANNEXAION Credits: $0.00 Paid Amount: - $0.00 QU CAM No ZCA201940MI Bill Depth: 8.292 QUEST:This proposal is to annex one(1)parcel of land Amount Due: $276.95 at 13285 SW Bull Mountain Road,into the City ofTi. The 1.03-acre property was previously approved by C' unci]for delayed annexation(Ordinance No.2017-08) Package Start Stop Cost in the propertyto conn owners now request re TIO:1328 ly,in order to comet[to city sewer.LOCATION:1328 Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400 OUNTY ZONE:R-6:Residential,5 units/acre rni,irnmz ®sity,6 units/acre maximum density.CITY ZONE:R-7 The Times Legals 03/29/18 04/05/18 $276.95 -proval standards � ' me do bed in Community Development Code Chapters 18.710 8.720,Comprehensive Plan Goal 1,Goal Il,Goal 12,an nal 14;ORS Chapter 222;and Metro Code Chapter 3.09. e staff report and recommendation will be available for pub, 'c review at least 15 days prior to the Planning Commissi ublic hearing.Additiom0y,a copy of the application,docu eats,and evidence considered will be contained in the publi cord,and available for public review.If you would like tc view this material at no cost,please contact Lina Smith,As Planner at(503)718-2438 or LinaCS�.tiaardor.aov. m wish to receive copies of the materials,city staff will pre are them for you at a reasonable cost. bhsh 03/29,04/052018. TT We Appreciate Your Business! - AFFIDAVIT OF MAILING I,Lina Smith,being first duly sworn/affirm, on oath depose and say that I am an Ass ciate Planner for the City of Tigard,Washington County,Oregon and that I served the following. {Check Appropriate Box(s)Below} ® NOTICE OF Type III Modified Quasi-judicial Annexation Public Hearing FOR: Shelby Annexation ZCA2018-00001 ❑ 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, March 22,2018 and deposited in the United States Mail on March 22,2018,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of &k '2018. OFFICIAL STAMP WRIA Y UBUC MA�tIN EGON COMMISSION NO-967-913 W COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF OREGON My Commission Expires: L U -(7 — Z-0 2-1 EXHIBIT A Notice of a Public Hearing — Type III-Modified s Quasi-judicial Annexation Shelby Annexation (Case No. ZCA2018-00001) Tigard Community Development Contact Information Date of Notice: Thursday,March 22,2018 120 days = N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov This application will be processed through a Type III-Modified Procedure.City Council will make a decision on this application,with a recommendation from Planning Commission. PLANNING COMMISSION will conduct a public hearing on this matter beginning at 7:00 p.m. on Monday, April 16,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. CITY COUNCIL will conduct a public hearing on this matter beginning at 7:30 p.m.on Tuesday,May 08,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. Anyone wishing to present written testimony on this proposed action 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&64ard-or.gov. Include the Case ID Number: ZCA2018-00001.Anyone wishing to present oral testimony may do so at the hearings. Information About the Application Description of the Application: This proposal is to annex one(1)parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017- 08). However,the property owners now request to annex immediately,in order to connect to city sewer. Applicants/ Matthew and Tabitha Shelby Property Owners: 13285 SW Bull Mountain Road Tigard,OR 97224 Property Address and 13285 SW Bull Mountain Road Legal Description: WCTM 2S109AB,Tax Lot 1400 County Zone: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density City Zone: R-7: Medium-Density Residential Zone Applicable Review The approval standards for annexations are described in Community Development Code Criteria: Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. What You Should Know About This Type III-Modified Application This proposal requires a quasi-judicial Type III-Modified land use review, 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. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 1 of 3 The Community Development Department will be making a recommendation to Planning Commission on this proposal;our staff report and recommendation will be available for public review at least 15 days prior to the Planning Commission public hearing. City Council will make the final decision on this application,after considering the recommendation from Planning Commission.City Council's decision and Planning Commission's recommendation will be made after consideration of relevant evidence and public comments received during the open comment period and at the hearings. City Council's decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: a copy of the application,documents,and evidence considered will be contained in the public record, and available for public review. If you would like to review this material at no cost, please contact Lina Smith,Assistant Planner at (503) 718-2438 or LinaCS&tiga�rd=ongov. 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 this matter 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 a staff report presentation from the city planner, open the public hearing 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 application. If evidence in support of the application 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 for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding this proposal, 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 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 hearing. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 2 of 3 Zoning Map AMES IN I z Zoning Map r oehq z 3: O� CON m F ti0 £R AGN THIN RIDGE CT R-7 o WItM��� Generalized Zoning Categories z R-7(PD) — cc w R-7m W J' t- z ^I Zoning Uescrintion r a az n HOODVISTA LN,�-" -41PINE VIEW DR p. 2 a s z C Residential P R Mixed L-se Residential eprl MMixed lar Cenral Busines Districl LFAH TER 1 1 m Z W SCommcrciel 1 1 IOl1ZF- w SjPRV1EW DR Mixed Gx Employment R . .n •R.7(,PD) Industrial •* r, •♦• ; fi m y Parks and Recreation 1 Y -i -- 2 WWashingtnn County Zoning y `•+ Q�crlj.Lonca A t • i r"•t - Ilistodc District Chcday O a . Planned rkvclopment Overlay G a� Qo`'P` ar.. ♦ i ? Subjcct Site ti a 1 R-7 •♦. PR cl t t n=f SCARLEr1 - .-_- 4 f i 1 RHETT R-7 I I'- CT TCS � ; t:UMMIM111Y UtVtLlll'MtNi UtrANIMGNI Q � 4 • I 1y ,P -.'.?7r i r I 1Jt368W Na11&W 011ie M Tg14MRg1I t 3,4 1 wnvwara-orpw City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 3 of 3 EXHIBIT B ALBERTSON,BARRY 2S109AB06900 15445 SW 150TH AVE ANNALA-KINNE,MICHAEL PATCH TIGARD,OR 97224 WOOD,RACHEL ANNE 13114 SW STARVIEW DR TIGARD,OR 97224 ATTN:DONNY LEE 2S109AB13800 SECTOR HOUSING OFFICER AVILLA,TODD VICTOR 2185 SE 12TH PLACE 13248 SW STARVIEW DR WARRENTON,OR 97146 TIGARD,OR 97224 BEACH,DAYLE D.&EVELYN O. BEILKE,SUSAN 11530 SW 72ND AVENUE 11755 SW 114TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 2S109ACO2300 BONILLA,NACIA/STASNY,JAMIE BERRY,JEFFERY P TRUST METROPOLITAN LAND GROUP,LLC 13175 SW BULL MTN RD 17933 NW EVERGREEN PARKWAY,SUITE 300 TIGARD,OR 97223 BEAVERTON,OR 97006 2S109AC00300,2S109AC04200 2S109AC03900 BOSLEY REVOCABLE LIVING TRUST BROWN,BRENDA K BY BOSLEY,DAVID A&PATRICIA L TRS 14543 SW ANGUS PL 14665 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 BUEHNER,GRETCHEN 2S109ACO2200 PO BOX 230268 BULL MOUNTAIN LLC TIGARD,OR 97281 3115 SW STEPHENSON ST PORTLAND,OR 97219 2S109AB14300 2S109AB14000 BUNNER,STEPHANE BURRIS,RAECHEL SWEET-BUNNER,AMANDA 14319 SW ALPINE CREST WAY 1336 SW OUZEL LN TIGARD,OR 97224 TIGARD,OR 97224 CAFFALL,REX CAROL RENAUD 13205 SW VILLAGE GLENN COUNTY ADMINISTRATIVE OFFICE-COMMUNITY TIGARD,OR 97223 ENGAGEMENT 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S109AB14900 2S109AB13200 CHANDOK,AMRITPAL SINGH CHEN,ANGIE C 13362 SW ALPINE VIEW DR 14274 SW STELLER'S JAY LN TIGARD,OR 97224 TIGARD,OR 97224 2S109ACO2800 CITY OF TIGARD CHU,BRANDON M&MULIATI ATTN:LINA SMITH 14578 SW ANGUS PL 13125 SW HALL BLVD. TIGARD,OR 97224 TIGARD,OR 97223 2S109AB04200 2S109AB04300 CLAUSS,JAMES M&LORRAINE E CONE,ROSA LUY&CHRISTOPHER LEE 14394 SW 133RD AVE 14464 SW 134TH DR TIGARD,OR 97224 TIGARD,OR 97224 CONNERY,STACY 2S109ACO2700 12564 SW MAIN STREET COX,DONNELL TIGARD,OR 97223 14554 SW ANGUS PL TIGARD,OR 97224 CRAGHEAD,ALEXANDER 2S109AB01900 12205 SW HALL BOULEVARD CRISTEA,LIVIU TIGARD,OR 97223-6210 14455 SW 134TH AVE TIGARD,OR 97224 2S109AC03200 2S109AB14100 CURTIS,KENNETH CURTIS,MICHAEL RYAN&KELLY KANE,EDWARD 14297 SW ALPINE CREST WAY KING,TANISHA TIGARD,OR 97224 13361 SW ANGUS CT TIGARD,OR 97224 2S109AC06000 DEFILIPPIS,VICTOR DECKER,ROBERT 13892 SW BRAYDON CT 13284 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AB13400 2S109AB12200 DEHAAN,HEIDI B DELUCA,PHILIP G&DONNA J 13125 SW STARVIEW DR 14264 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S109AB04500 2S109AC05800 DESAI JULY 12016 FAMILY TRUST DURHAM,HEATHER C BY DESAI,GIRA M& 13154 SW NICOLE LN DESAI,MAKRAND N TRS TIGARD,OR 97224 6241 PASEO ALTA RICO CARLSBAD,CA 92009 2S109AB13000 2S109AB01700 ECHEVERRIA,MIRIAM B EGGER SURVIVOR'S TRUST 14236 SW STELLER'S JAY LN EGGER FAMILY TRUST PORTLAND,OR 97224 BY EGGER,JACOB L TR 13395 SW BULL MOUNTAIN RD TIGARD,OR 97224 ENGVALL,ANN 2S109AC05500 15461 SW 82 PL FAKHRY,MALEK TIGARD,OR 97224 FAKHRY,JENNIFER FAKHRY,YASMINA 13199 SW NICOLE LN TIGARD,OR 97224 2S109AB12000 2S109AB16000 FENN-ANSTRUTHER,DAVID L FOSTER,ANGELA FENN-ANSTRUTHER,JANET L 13332 SW PIPIT IN 14296 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14500 2S109AB15200 FRICKE,MICHELLE M FROMWILLER,AMBER M 13372 SW OUZEL LN NANTZ,EMMITT P TIGARD,OR 97224 13326 SW ALPINE VIEW DR TIGARD,OR 97224 FROUDE,BEVERLY 2S109AB06700 12200 SW BULL MOUNTAIN ROAD GAMBILL,BROCK I&ABIGAIL TIGARD,OR 97224 13098 SW STARVIEW TER TIGARD,OR 97224 2S109AB02100 2S109AB04000 GOLDENBERG,IRVING&JANE GOLEZ,JIMM1IE 4153 E CASCALOTE DR 14338 SW 133RD AVE CAVE CREEK,AZ 85331 TIGARD,OR 97224 2S109AB13300 HADLEY,BONNIE CHAIR CPO 4B GRIGGS LIVING TRUST 16200 SW PACIFIC HWY SUITE H BOX 242 14292 SW STELLER'S JAY IN TIGARD,OR 97224 TIGARD,OR 97224 HAMILTON,LISA CPO 4B VICE CHAIR 2S109AB09900,2S109AB12800 13565 SW BEEF BEND ROAD HARVEY MARITAL TRUST TIGARD,OR 97224 BY KATHLEEN HARVEY TR 13160 SW HOOD VISTA IN TIGARD,OR 97224 2S109AC04900 2S109AB05400 HAUCK,RYAN&ALICIA HEINECK,DAVID W&GIUSEPPA 14612 SW 133RD AVE HEINECK REV LIV TRUST TIGARD,OR 97224 14323 SW 133RD AVE TIGARD,OR 97224 HERING,J.BLAKE. 2S109AB12600 NORRIS BEGGS&SIMPSON HERR,BEN TRUIT&JUDY ANN HERR 121 SW MORRISON,SUITE 200 JOINT REVOCABLE LIVING TRUST PORTLAND,OR 97204 14188 SW ALPINE CREST WAY TIGARD,OR 97224 2S109AB14400 2S109AB05500 HIDEGHETY,LAUREN&MICHAL HOGAN,KEVIN GERARD&DENICE M[AR 13354 SW OUZEL LN REVOCABLE LIVING TRUST TIGARD,OR 97224 14357 SW 133RD AVE TIGARD,OR 97224 2S109AB14700 HOWLAND,HAROLD AND RUTH HOUSECOWDREY,LAINE O&DANIELLE 13145 SW BENISH 13369 SW OUZEL IN TIGARD,OR 97223 TIGARD,OR 97224 2S109AB03900 2S109AB13100 HPA BORROWER 2017-1 LLC HUGHES,DUSTIN ALLEN REV LIVING 180 N STETSON AVE STE 3650 32332 SW LAURELVIEW RD CHICAGO,IL 60601 HILLSBORO,OR 97123 2S109AC00500 2S109AC05600 HUMMEL,B W&GERALDINE B JABBARY,SHERZAD 14695 SW 133RD JABBARY,IKHLAS TIGARD,OR 97223 13183 SW NICOLE LN TIGARD,OR 97224 2S109AB12500 2S109AB02000 JOHNSON LIVING TRUST KAM JONATHAN S&CLAUDIA A BY JOHNSON,LAWRENCE CONRAD& 14437 SW 134TH DR JOHNSON,ANNE PAIGE TRS TIGARD,OR 97224 14216 SW ALPINE CREST WAY TIGARD,OR 97224 2S109AC06200 KIMMEL,DAVID KHUU,SYKIET G&MINDY T 1335 SW 66TH SUITE 201 13346 SW NICOLE LN PORTLAND,OR 97225 TIGARD,OR 97224 KNAPP,MONA 2S109ACO2400 9600 SW FREWING STREET KNUDESON,KIM& TIGARD,OR 97223 REBECCA 13125 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S109AC05300 multiple:2S109AC01700 to 2S109AC01800 LAI,CARMELITA A&ALAIN L LARSON,JAY W&MARGARET A JOINT 13245 SW NICOLE LN LIVING TRUST TIGARD,OR 97224 14800 SW 133RD AVE TIGARD,OR 97224 2S109AB15400 2S109BD00100 LEMASTERS,CHARLES LEVITSKY,STAN A&ROCHELLE R 14165 SW ALPINE CREST WAY 13580 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14800 LISA HAMILTON CPO 4B VICE-CHAIR LIANG,LIANG 16200 SW PACIFIC HWY SUITE H BOX 242 13367 SW OUZEL LN TIGARD,OR 97224 PORTLAND,OR 97224 LONG,JIM CHAIR,CPO 4M 2S109AC05000 10730 SW 72ND AVE MAI,CHRISTOPHER&ERICA PORTLAND,OR 97223 13287 SW NICOLE LN TIGARD,OR 97224 2S109AB04400 2S109BD03300 MALLORY,MATTHEW D&MARIE M MARSHALL,J G& 14362 SW 134TH DR FRIEDE,KARLA A TIGARD,OR 97224 13580 SW TARLETON CT TIGARD,OR 97224 2S109AB09800 2S109AB04100 MARTIN,DANIEL R&MELIA N MCFARLANE,BRUCE L&BEVERLY E 14322 132ND PL 14366 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109AB03800 2S109AB13500 MESHER,BRENT J METZLER,EDWARD J TRUST DIETRICH,EVANGELINE METZLER,SAUNDRA C TRUST 13387 SW ALPINE VIEW DR 14457 SW FORAN TER TIGARD,OR 97224 TIGARD,OR 97224 MILDREN,GENE 2S109AB01600 MILDREN DESIGN GROUP MONTGOMERY,WILLIr1M L&MARIANNE 7650 SW BEVELAND ST,STE 120 13379 SW BULL MOUNTAIN RD TIGARD,OR 97223 TIGARD,OR 97224 2S109AB12700 2S109AC03100 MOORE,CAROLYN B&DUSTIN J MULLETTE-BAUER,WILLIAM R 14196 SW STELLERS JAY IN 13375 SW ANGUS CT TIGARD,OR 97224 TIGARD,OR 97224 MURDOCK,NATHAN AND ANN 2S109ACO2600 7415 SW SPRUCE STREET NAHM,KEVIN I&ALICE S TIGARD,OR 97223 13135 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S109AC03600 NEAL BROWN.GRI NASH,JASON R MEADOWS INC REALTORS 14687 SW ANGUS PL 12655 SW NORTH DAKOTA STREET TIGARD,OR 97224 TIGARD,OR 97223 NEWTH,PUTTY 2S109AC03400 12180 SW MERESTONE COURT NGUYEN,DUC H TIGARD,OR 97223 RAMONES,DONALYN E 13426 SW ANGUS CT TIGARD,OR 97224 2S109AC03300 2S109AB18200 NGUYEN,QUEMINH NISHIMOTO,RICK&KATHLEEN A 13353 SW ANGUS CT 3123 EHRCK HILL RD TIGARD,OR 97224 HOOD RIVER,OR 97031 2S109AB13700 2S109AB15700 OLINGER,JOHN M&ERIN C OMOTOYINBO,TEMITAYO 13164 SW STARVIEW DR 13331 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AC05400 2S109AC03500 OSSANNA,MARK PARK,CHUNG JAE&JI-PEON 13231 SW NICOLE IN 14662 SW ANGUS PL TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14200 2S109AC04000 PERERA,PRIYANEE B FAMILY LIVING PIERCE,TAMARA COLLINS BY PERERA,PRIYANEE B TR PIERCE,STEPHEN T 14285 SW ALPINE CREST WAY 14519 SW ANGUS PL TIGARD,OR 97224 TIGARD,OR 97223 2S109AB04600 2S109AB15900 PITTS,JEREMY DAVID POWERS,KIM D BY BAKER&MCKENZIE 13373 SW ALPINE VIEW DR LEVEL 28 SENGOKUYAMA TOWER TIGARD,OR 97224 1-9-10 ROPPONGI MINATO-KU TOKYO 106-0032 2S109AC00600 ROGERS,KATE RIETMAN,SHAWN C&B JORINE 9527 SW BROOKLYN LN 14715 SW 133RD AVE TIGARD,OR,97224 TIGARD,OR 97224 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S109AB14600 2S109AB05300 RUTH,BEN MICHAEL SALSIG,BENJAMIN G&ATHENA D 13370 SW OUZEL LN 14297 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109BD03200 2S109AC00400 SCHATZEL,JAMES A SCHMITZ,NATHAN J BULLARD-SCHATZEL,JUDITH S PALMANTEER,DEVON J 13570 SW TARLETON CT 14635 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109AB12300 2S109AC04700 SCHUPFER,ERIN L&DANIEL S SHAN,MICHAEL 14248 SW ALPINE CREST WAY 13319 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AC06100 2S109AB05900 SHIFERAW,KULITI G SHORT,MICHAEL C 13292 SW NICOLE LN 13103 SW STARVIEW DR TIGARD,OR 97223 TIGARD,OR 97224 2S109ACO2900 2S109AB06000 SIGAMANI,SARAVANAN SKALSKY,NATHAN C&REBECCA L 13407 SW ANGUS CT 13095 SW STARVIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AB15100 2S109AB01100 SMITH,RICHARD W&FLORENCE R SONU,TERESA CHOLCHA 14261 SW ALPINE CREST WAY PALMROSE LIVING TRUST TIGARD,OR 97224 BY PALMROSE,GERALD W&CATHERIN 13265 SW BULL MOUNTAIN RD TIGARD,OR 97224 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 2S109AB12900 2S109AC05100 STEPHENS,CHRISTOPHER L&DENISE STOICA,CATALIN&ALINA 14204 SW STELLER'S JAY LN 13275 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AB03700 2S109AB01800 STRBA,JAROSLAV P& STUHLDRYER,SHAUN&LORI STRBA-CECHOVA,KATRINA 14473 SW 134TH DR 14256 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S109AB15800 SUNDBERG,ROSS STURGILL,RICHMOND BRETT&HAILE 16382 SW 104TH AVE 13357 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AB01400 2S109AB13600 SWAN,ROBERT J DONNA B SWENSEN,KURT S 13285 SW BULL MTN RD 14443 SW FORAN TER TIGARD,OR 97223 TIGARD,OR 97224 2S109AC03800 2S109AB15500 TABOADA,THADDEUS E&THERESA D TAMWU,GINNY 14715 SW 109TH AVE#3 14157 SW ALPINE CREST WAY PORTLAND,OR 97224 TIGARD,OR 97224 2S109ACO2100 2S109AC03000 TIGARD-TUALATIN SCHOOL DIST 23J TRINH,DAT ATTN:BUSINESS MANAGER NGUYEN,KIM 6960 SW SANDBURG ST 13389 SW ANGUS CT TIGARD,OR 97223 TIGARD,OR 97224 2S109AB13900 2S109AC05200 TSAI,MAY VANG,PENG Y&STEPHANIE P 14330 SW ALPINE CREST WAY 13263 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97223 2S109AB12400 2S109AB12100 VARDHANA,CHAITANYA WALLACE,DON&CYNTHIA 14230 SW ALPINE CREST WAY 14272 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S109AB09700 2S109AC05700 WANG,ZHIFEI WEAVER,SAMUEL LIU,JIE CYKLER,KELSEY 14308 SW 132ND PL 13177 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 WEGENER,BRIAN 2S109BD07400 9830 SW KIMBERLY DRIVE WESTGATE FAMILY 2017 TRUST TIGARD,OR 97224 BY WESTGATE,JOHN B&GRETCHEN R TR 14670 SW 136TH PL TIGARD,OR 97224 2S109AC03700 2S109AB15300 WHITTEN,LORA C WOLF,JAMES&RITA M SHEPHERD,ERIC J 13294 SW ALPINE VIEW DR 14591 SW ANGUS PL TIGARD,OR 97224 PORTLAND,OR 97224 2S109BD03100 2S109AB15000 WOOD,AIMEE D&ALLEN Ni WORTHING,NICHOLAS M&JENNA M 13585 SW TARLETON CT 13348 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AC05900 2S109AC04800 WRIDGE,AMBER M YOUNG,DAVID E 13168 SW NICOLE LN YOUNG,MARDI C TIGARD,OR 97224 14634 SW 133RD AVE TIGARD,OR 97224 2S109AB15600 2S109AB06800 ZARRABI,MEHRDAD ZERN,SAMUEL N JR 14143 SW ALPINE CREST WAY WESTOVER,CHRISTINA L TIGARD,OR 97224 13102 SW STARVIEW TIGARD,OR 97224 AFFIDAVIT OF POSTING NOTICE City of Tigard a Planning Division 131.25 SW Hall Boulevard_ Tigard,OR 97223 In the Matter of a Quasi-Judicial Annexation,processed through a Type III-Modified Procedure: Land Use File No.: ZCA2018-00001 Land Use File Name: SHELBY ANNEXATION 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 personally posted Notice of a Public Hearing on a proposed Quasi-Judicial Annexation by means of weatherproof posting at Tigard Ci Hall, Tigard Permit Center, Tigard Library. and 13285 SW Bull Mountain Road,Tigard OR 97224, a copy of said notice being hereto attached and by reference made a part hereof, on the 22"a day of March 2018. Signature of Person Who Performed Posting (In the presence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 21 day of y " `�^" 20OFFICIAL STAMP �. GLORIA NALLELY PINION MANN NOTARY PUBLIC-OREGON COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF ORE66N My Commission Expires: 10 -(7'1,0 Z NOTICE O F PUBLIC HEARIN This application will be processed through a Type III-Modified Procedure. City Council will make a decision on this application, with a recommendation from Planning Commission. Tigard Planning Commission will conduct a public hearing on this matter beginning at 7:00 p.m. on Monday, April 16, 2018. Tigard City Council will conduct a public hearing on this matter beginning at 7:30 p.m. on Tuesday, May 08, 2018. Both 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. - SHELBY ANNEXATION - QUASI JUDICIAL ANNEXATION CASE NO. ZCA2018-00001 REQUEST: This proposal is to annex one (1) parcel of land, located at 13285 SW Bull Mountain Road, into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately, in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400. 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 Community Development Code Chapters 18.710 and 18.720, Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. The staff report and recommendation will be available for public review at least 15 days prior to the Planning Commission public hearing. Additionally, a copy of the application, documents, and evidence considered will be contained in the public record, and available for public review. If you would like to review this material at no cost, please contact Lina Smith, Assistant Planner at (503) 718-2438 or LinaCSgtigard-or.gov. If you wish to receive copies of the materials, city staff will prepare them for you at a reasonable cost. • om ews Pm*deu'to the Tim(rtl�Cornu!ox a�e LJ-balri to stgy�r�rmast at crrmn, a y rs ares. March 22,2018 L Consent Agenda Summary uesd� ,Ct�sir2s�,Iee , Carol Krager placed a confidential envelope in your J rCancelled—lack of items green mailbag containing material for the March 27 executive session. *� pil'l0-' i.�te�s gee Cancelled—lack of items 2. Tigard Triangle Property Owners Letter Tuesday,April 17 Combined Business and Lauren Scott from Community Development attached ' Workshop Meeting a position letter from property owners regarding 6:30 p.m.—Town Hall Southwest Corridor in the Tigard Triangle. (�onyx 3. Willamette Water Supply Project Agreements Wed.,APS 18 ODOT Valxe Pricing Open House John Goodrich attached a memo outlining next steps. 6 p.m.—Public Works Auditorium 4. Notice of Public Hearing. Quasi-judicial Annexation Monday,Apr.23 Budget Committee Mtg. Lina Smith attached a notice of public hearing for a 6.30 p.m.—Public Works Aud. Tape III modified quasi-judicial annexation for Matt and Tabitha Shelby,who own the parcel located at Tuesday,April 14 Business Meeting 13285 SW Bull Mountain Rd. 6:30 p.m.—Town Hall S. Construction Project Update Mike McCarthy attached an update on construction projects around Tigard 6. Public Works Update An update on activities by Public Forks is attached. 7. Thanks! The city received the following notes&letters from the public. 8. Press Release The city issued a press release this week regarding the Police Department's continued high-visibility enforcement. 9. News 0 Alan charged in Hillsboro crash that injured Tigard cop 8 Washington Co.youth growing in leadership 10. Council Calendar Tuesday,Mar.27 Business Meeting 6:30 p.m.—Town Hall 13125-S -'Hall Blvd-Titgatd,OR 97M j Web vwx tigza pr g I phone.503.639.41-1 f FAX:50168-x.:29 i TDD 503,684Z-!72 Item# Newsle r:312 1 Notice of a Public Hearing — Type III-Modified 9%14 Quasi-judicial Annexation Shelby Annexation (Case No. ZCA2018-00001) Tigard Community Development Contact Information Date of Notice: Thursday,March 22,2018 120 days =N/A To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@dgard-or.gov This application will be processed through a Type III-Modified Procedure.City Council sill make a decision on this application,with a recommendation from Planning Commission. PLANNING COMMISSION will conduct a public hearing on this matter beginning at 7:00 p.m.on Monday, April 16,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. CITY COUNCIL will conduct a public hearing on this matter beginning at 7:30 p.m.on Tuesday,May 08,2018 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. Anyone wishing to present written testimony on this proposed action 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(@tinard-or�v. Include the Case ID Number.ZCA2018-00001.Anyone wishing to present oral testimony may do so at the hearings. Information About the Application Description of the Application: This proposal is to annex one(1)parcel of land,located at 13285 SDC Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017- 08).However,the property owners now request to annex immediately,in order to connect to city sewer. Applicants/ Matthew and Tabitha Shelby Property Owners: 13285 SDP Bull Mountain Road Tigard,OR 97224 Property Address and 13285 SDS'Bull Mountain Road Legal Description: WCTi*i 2S109AB,Tax Lot 1400 Counts 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 Community Development Code Criteria: Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. What You Should Snow About This Type III-Modified Application This proposal requires a quasi-judicial Type III-Modified land use review, 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. City of Tigard,Community Development Division-13125 Ste'Hall Blvd.,Tigard,Oregon 97223 Page 1 of 3 The Community Development Department uill be making a recommendation to Planning Commission on this proposal;our staff report and recommendation will be available for public review at least 15 days prior to the Planning Commission public hearing. City Council will make the final decision on this application,after considering the recommendation from Planning Commission.City Council's decision and Planning Commission's recommendation u`ill be made after consideration of relevant evidence and public comments received during the open comment period and at the hearings. City Council's decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests:a copy of the application,documents,and evidence considered sill be contained in the public record, and available for public review. If you would like to review this material at no cost, please contact Lina Smith,Assistant Planner at (503) 718-2438 or LinaC tigard-orgov.If you vish 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 this matter 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 a staff report presentation from the city planner, open the public hearing 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 application. If evidence in support of the application is submitted less than seven days prior to the public hearings,any parry 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 for at least seven additional days after the hearings. Appeal Information Failure to raise any issue regarding this proposal, 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 parry 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 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 hearing. City of Tigard,Community Development Division•13125 SVP Hall Blvd.,Tigard,Oregon 97223 Page 2 of 3 Zoning Map Zoning Map ECOOP ,5.� Mws►.w.— 14VJP.IFJklncftT R`7 aw:.aswara �r';.:Wd,t'L� G@*MfindZoning CabgoMm .�` R-7(PD) _ r _.... a ,. R-7 W A(;nw. V!i-a nit �W ! ty ti3� �1� .leJ Lia Rawr:,aid iA R r �Miutl4xCr.trJBuo:•.•w.DiYis: LeAH•,:�.rt � � m P. .Maw ;_"� Canm::nal e /p � ` ��?l' +i � AZAttL'IFW i'(; Wi.:alleelhn!'io;vau Kim WRec:allm � � � 1� V'.:,hir�R:n t^nmq•7nnln� + �' � % � Ov.•rlyv lanai a.a ; rn,mre f8wrcl cA:rL-,v 44,, : .-... PA r n v: n.:ai.y. 14 t" � R-7 '� ) PR t. S►Ihlcrt.S srARterr'i i A �•�aa.`-�.w.a,wrrs.-...aa� ! l:so D* ..� r u`�Ap `� ltY LN M RFI(.T 4• CT dp ' •i R-T Cl V. 10 ._ �'9 a M1iAl10i!I...N a losy Sa City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Page 3 of 3 City ofrigard 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: Shelby Annexation Company name: N/A Contact person: Matthew Shelby Phone: (503) 310-8033 Email: duncanshelby@msn.com For EACH project parcel,list the map and tax lot number (12 alphanumeric characters,i.e. 1S134AB00100): REQUEST FOR (only check one): Includes property owners aaithin 500 feet and cityavide interested parties ❑ NEIGHBORHOOD MEETING LABELS NOTIFICATION—ENVELOPES Land use case number: ZCA2018-00001 ❑ Type II—TWO sets of envelopes ® Type III or Legislative—one set of envelopes FOR • ONLY #of sheets @$2.50/ea $ Recipients: 148 @$0.25/ea 1 set $ 37.00 Generate list — — $11.00 Generate list: — — — $11.00 SUBTOTAL: $ 48.00 Postage: 147 @$0.50/ea 1 set $ 74.00 International 1 @$1.50/ea 1 set $ 1.50 TOTAL: $ TOTAL: $ 123.50 Cityofrigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 oft L\Community Development\Land Use Applications\02_Forms and Templates\Land Use Applications\Property Owner Notification Rev.20171219 Area Notified (500 Ft) M OUNTA\N RIDGWiLMINGT F�,'� � o -' Z W M F Shelby Annexation �-' 3 ZCA2018-00001 2S109A1301400 ALPINE IEW_OR O� ✓ " LN CHI RP o ca Subject Site � i Notification Area W W N i e7� > W Q Lt; V U ~ ,ter,BIRDSVIE sv NICOI vl SCA Rt"CF LN }I � �✓ EE WINTERVIEW D Property owner Information Is valid for 3 W e �T We months from the date printed on this map. R H ETT G �- Map printed at 04:21 PM on 21-Feb-18 T IIC M _ —_ TN O mromvmn u�a.ma w ro aenaal oonon oma ria M oWa ea.0anm will,ry� cc Ac t�oovNoPmem servke. a.ion. r1 0 DATA N DERIVED FROM MULTIPLE SOURCES.THE CRY OF TIGARD Q I ='r !•F i A �. �R MAKES NT WARRANTY,REPRESENTATION OPLETEN GUARANTEE SSOFATO THE _ Q - COTENT,PROVIDED EREIN.L HE CI OR COMPLETENESS OSSUMENY N F J THE DATA PROVIDED HEREIN.THE CIT OF T CARD SHALL ASSUME NO W LIABILITY NFOFORANN ERRORS, REGARDLESS SS INACCURACIES.THE Lu INFORMATION PROVIDED REGARDLESS IN HOW CAUSED. ,J LL h` MADDIE LN '¢ — COMMUNITY DEVELOPMENT DEPARTMENT 60 ..._.. �._. y off ard Q� '--�- - 13 215 SW Hall Blvd �c C7 Tigard,OR 97223 Q ® Feet H Z. LC E T Lu 5036394171 y --+-- -h- www.tigardor.gov ALBERTSON,BARRY 2S109AB06900 15445 SW 150TH AVE ANNALA-KINNE,MICHAEL PATCH TIGARD,OR 97224 WOOD,RACHEL ANNE 13114 SW STARVIEW DR TIGARD,OR 97224 ATTN:DONNY LEE 2S109AB13800 SECTOR HOUSING OFFICER AVILLA,TODD VICTOR 2185 SE 12TH PLACE 13248 SW STARVIEW DR WARRENTON,OR 97146 TIGARD,OR 97224 BEACH,DAYLE D.&EVELYN O. BEILKE,SUSAN 11530 SW 72ND AVENUE 11755 SW 114TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 2S109ACO2300 BONILLA,NACIA/STASNY,JAMIE BERRY,JEFFERY P TRUST METROPOLITAN LAND GROUP,LLC 13175 SW BULL MTN RD 17933 NW EVERGREEN PARKWAY,SUITE 300 TIGARD,OR 97223 BEAVERTON,OR 97006 2S109AC00300,2S109AC04200 2S109AC03900 BOSLEY REVOCABLE LIVING TRUST BROWN,BRENDA K BY BOSLEY,DAVID A&PATRICIA L TRS 14543 SW ANGUS PL 14665 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 BUEHNER,GRETCHEN 2S109ACO2200 PO BOX 230268 BULL MOUNTAIN LLC TIGARD,OR 97281 3115 SW STEPHENSON ST PORTLAND,OR 97219 2S109AB14300 2S109AB14000 BUNNER,STEPHANE BURRIS,RAECHEL SWEET-BUNNER,AMANDA 14319 SW ALPINE CREST WAY 1336 SW OUZEL LN TIGARD,OR 97224 TIGARD,OR 97224 CAFFALL,REX CAROL RENAUD 13205 SW VILLAGE GLENN COUNTY ADMINISTRATIVE OFFICE-COMMUNITY TIGARD,OR 97223 ENGAGEMENT 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S109AB14900 2S109AB13200 CHANDOK,AMRITPAL SINGH CHEN,ANGIE C 13362 SW ALPINE VIEW DR 14274 SW STELLER'S JAY LN TIGARD,OR 97224 TIGARD,OR 97224 2S109ACO2800 CITY OF TIGARD CHU,BRANDON M&MULIATI ATTN:LINA SMITH 14578 SW ANGUS PL 13125 SW HALL BLVD. TIGARD,OR 97224 TIGARD,OR 97223 2S109AB04200 2S109AB04300 CLAUSS,JAMES M&LORRAINE E CONE,ROSA LUY&CHRISTOPHER LEE 14394 SW 133RD AVE 14464 SW 134TH DR TIGARD,OR 97224 TIGARD,OR 97224 CONNERY,STACY 2S109ACO2700 12564 SW MAIN STREET COX,DONNELL TIGARD,OR 97223 14554 SW ANGUS PL TIGARD,OR 97224 CRAGHEAD,ALEXANDER 2S109AB01900 12205 SW HALL BOULEVARD CRISTEA,LIVIU TIGARD,OR 97223-6210 14455 SW 134TH AVE TIGARD,OR 97224 2S109AC03200 2S109AB14100 CURTIS,KENNETH CURTIS,MICHAEL RYAN&KELLY KANE,EDWARD 14297 SW ALPINE CREST WAY KING,TANISHA TIGARD,OR 97224 13361 SW ANGUS CT TIGARD,OR 97224 2S109AC06000 DEFILIPPIS,VICTOR DECKER,ROBERT 13892 SW BRAYDON CT 13284 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AB13400 2S109AB12200 DEHAAN,HEIDI B DELUCA,PHILIP G&DONNA J 13125 SW STARVIEW DR 14264 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S109AB04500 2S109AC05800 DESAI JULY 12016 FAMILY TRUST DURHAM,HEATHER C BY DESAI,GIRA M& 13154 SW NICOLE LN DESAI,MAKRAND N TRS TIGARD,OR 97224 6241 PASEO ALTA RICO CARLSBAD,CA 92009 2S109AB13000 2S109AB01700 ECHEVERRIA,MIRIAM B EGGER SURVIVOR'S TRUST 14236 SW STELLER'S JAY LN EGGER FAMILY TRUST PORTLAND,OR 97224 BY EGGER,JACOB L TR 13395 SW BULL MOUNTAIN RD TIGARD,OR 97224 ENGVALL,ANN 2S109AC05500 15461 SW 82 PL FAKHRY,MALEK TIGARD,OR 97224 FAKHRY,JENNIFER FAKHRY,YASMINA 13199 SW NICOLE IN TIGARD,OR 97224 2S109AB12000 2S109AB16000 FENN-ANSTRUTHER,DAVID L FOSTER,ANGELA FENN-ANSTRUTHER,JANET L 13332 SW PIPIT IN 14296 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14500 2S109AB15200 FRICKE,MICHELLE M FROMWILLER,AMBER M 13372 SW OUZEL LN NANTZ,EMMITT P TIGARD,OR 97224 13326 SW ALPINE VIEW DR TIGARD,OR 97224 FROUDE,BEVERLY 2S109AB06700 12200 SW BULL MOUNTAIN ROAD GAMBILL,BROCK I&ABIGAIL TIGARD,OR 97224 13098 SW STARVIEW TER TIGARD,OR 97224 2S109AB02100 2S109AB04000 GOLDENBERG,IRVING&JANE GOLEZ,JIMMIE 4153 E CASCALOTE DR 14338 SW 133RD AVE CAVE CREEK,AZ 85331 TIGARD,OR 97224 2S109AB13300 HADLEY,BONNIE CHAIR CPO 4B GRIGGS LIVING TRUST 16200 SW PACIFIC HWY SUITE H BOX 242 14292 SW STELLER'S JAY LN TIGARD,OR 97224 TIGARD,OR 97224 HAMILTON,LISA CPO 4B VICE CHAIR 2S109AB09900,2S109AB12800 13565 SW BEEF BEND ROAD HARVEY MARITAL,TRUST TIGARD,OR 97224 BY KATHLEEN HARVEY TR 13160 SW HOOD VISTA LN TIGARD,OR 97224 2S109AC04900 2S109AB05400 HAUCK,RYAN&ALICIA HEINECK,DAVID W&GIUSEPPA 14612 SW 133RD AVE HEINECK REV LIV TRUST TIGARD,OR 97224 14323 SW 133RD AVE TIGARD,OR 97224 HERING,J.BLAKE. 2S109AB12600 NORRIS BEGGS&SIMPSON HERR,BEN TRUIT&JUDY ANN HERR 121 SW MORRISON,SUITE 200 JOINT REVOCABLE LIVING TRUST PORTLAND,OR 97204 14188 SW ALPINE CREST WAY TIGARD,OR 97224 2S109AB14400 2S109AB05500 HIDEGHETY,LAUREN&MICHAL HOGAN,KEVIN GERARD&DENICE MAR 13354 SW OUZEL LN REVOCABLE LIVING TRUST TIGARD,OR 97224 14357 SW 133RD AVE TIGARD,OR 97224 2S109AB14700 HOWLAND,HAROLD AND RUTH HOUSECOWDREY,LAINE O&DANIELLE 13145 SW BENISH 13369 SW OUZEL IN TIGARD,OR 97223 TIGARD,OR 97224 2S109AB03900 2S109AB13100 HPA BORROWER 2017-1 LLC HUGHES,DUSTIN ALLEN REV LIVING 180 N STETSON AVE STE 3650 32332 SW LAURELVIEW RD CHICAGO,IL 60601 HILLSBORO,OR 97123 2S109AC00500 2S109AC05600 HUMMEL,B W&GERALDINE B JABBARY,SHERZAD 14695 SW 133RD JABBARY,IKHLAS TIGARD,OR 97223 13183 SW NICOLE LN TIGARD,OR 97224 2S109AB12500 2S109AB02000 JOHNSON LIVING TRUST KARR,JONATHAN S&CLAUDIA A BY JOHNSON,LAWRENCE CONRAD& 14437 SW 134TH DR JOHNSON,ANNE PAIGE TRS TIGARD,OR 97224 14216 SW ALPINE CREST WAY TIGARD,OR 97224 2S109AC06200 KIMMEL,DAVID KHUU,SYKIET G&MINDY T 1335 SW 66TH SUITE 201 13346 SW NICOLE LN PORTLAND,OR 97225 TIGARD,OR 97224 KNAPP,MONA 2S109ACO2400 9600 SW FREWING STREET KNUDESON,KIM& TIGARD,OR 97223 REBECCA 13125 SW BULL MOUNTAIN RD - TIGARD,OR 97224 2S109AC05300 multiple:2S109AC01700 to 2S109AC01800 LAI,CARMELITA A&ALAIN L LARSON,JAY W&MARGARET A JOINT 13245 SW NICOLE LN LIVING TRUST TIGARD,OR 97224 14800 SW 133RD AVE TIGARD,OR 97224 2S109AB15400 2S109BD00100 LEMASTERS,CHARLES LEVITSKY,STAN A&ROCHELLE R 14165 SW ALPINE CREST WAY 13580 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14800 LISA HAMILTON CPO 4B VICE-CHAIR LIANG,LIANG 16200 SW PACIFIC HWY SUITE H BOX 242 13367 SW OUZEL LN TIGARD,OR 97224 PORTLAND,OR 97224 LONG,JIM CHAIR,CPO 4M 2S109AC05000 10730 SW 72ND AVE MAI,CHRISTOPHER&ERICA PORTLAND,OR 97223 13287 SW NICOLE LN TIGARD,OR 97224 2S109AB04400 2S109BD03300 MALLORY,MATTHEW D&MARIE M MARSHALL,J G& 14362 SW 134TH DR FRIEDE,KARLA A TIGARD,OR 97224 13580 SW TARLETON CT TIGARD,OR 97224 2S109AB09800 2S109AB04100 MARTIN,DANIEL R&MELIA N MCFARLANE,BRUCE L&BEVERLY E 14322 132ND PL 14366 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109AB03800 2S109AB13500 MESHER,BRENT J METZLER,EDWARD J TRUST DIETRICH,EVANGELINE METZLER,SAUNDRA C TRUST 13387 SW ALPINE VIEW DR 14457 SW FORAN TER TIGARD,OR 97224 TIGARD,OR 97224 MILDREN,GENE 2S109AB01600 MILDREN DESIGN GROUP MONTGOMERY,WILLIAM L&MARIANNE 7650 SW BEVELAND ST,STE 120 13379 SW BULL MOUNTAIN RD TIGARD,OR 97223 TIGARD,OR 97224 2S109AB12700 2S109AC03100 MOORE,CAROLYN B&DUSTIN J MULLETTE-BAUER,WILLIAM R 14196 SW STELLERS JAY LN 13375 SW ANGUS CT TIGARD,OR 97224 TIGARD,OR 97224 MURDOCK,NATHAN AND ANN 2S109ACO2600 7415 SW SPRUCE STREET NAHM,KEVIN I&ALICE S TIGARD,OR 97223 13135 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S109AC03600 NEAL BROWN. GRI NASH,JASON R MEADOWS INC REALTORS 14687 SW ANGUS PL 12655 SW NORTH DAKOTA STREET TIGARD,OR 97224 TIGARD,OR 97223 NEWTH,PATTY 2S109AC03400 12180 SW MERESTONE COURT NGUYEN,DUC H TIGARD,OR 97223 RAMONES,DONALYN E 13426 SW ANGUS CT TIGARD,OR 97224 2S109AC03300 2S109AB18200 NGUYEN,QUEMINH NISHIMOTO,RICK&KATHLEEN A 13353 SW ANGUS CT 3123 EHRCK HILL RD TIGARD,OR 97224 HOOD RIVER,OR 97031 2S109AB13700 2S109AB15700 OLINGER,JOHN M&ERIN C OMOTOYINBO,TEMITAYO 13164 SW STARVIEW DR 13331 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AC05400 2S109AC03500 OSSANNA,MARK PARK,CHUNG JAE&JI-PEON 13231 SW NICOLE IN 14662 SW ANGUS PL TIGARD,OR 97224 TIGARD,OR 97224 2S109AB14200 2S109AC04000 PERERA,PRiYANEE B FAMILY LIVING PIERCE,TAMARA COLLINS BY PERERA,PRIYANEE B TR PIERCE,STEPHEN T 14285 SW ALPINE CREST WAY 14519 SW ANGUS PL TIGARD,OR 97224 TIGARD,OR 97223 2S109AB04600 2S109AB15900 PITTS,JEREMY DAVID POWERS KIM D BY BAKER&MCKENZIE 13373 SW ALPINE VIEW DR LEVEL 28 SENGOKUYAMA TOWER TIGARD,OR 97224 1-9-10 ROPPONGI MINATO-KU TOKYO 106-0032 2S109AC00600 ROGERS,KATE RIETMAN,SHAWN C&B JORINE 9527 SW BROOKLYN IN 14715 SW 133RD AVE TIGARD,OR,97224 TIGARD,OR 97224 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S109AB14600 2S109AB05300 RUTH,BEN MICHAEL SALSIG,BENJAMIN G&ATHENA D 13370 SW OUZEL LN 14297 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109BD03200 2S109AC00400 SCHATZEL,JAMES A SCHMITZ,NATHAN J BULLARD-SCHATZEL,JUDITH S PALMANTEER,DEVON J 13570 SW TARLETON CT 14635 SW 133RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S109AB12300 2S109AC04700 SCHUPFER,ERIN L&DANIEL S SHAN,MICHAEL 14248 SW ALPINE CREST WAY 13319 SW NICOLE IN TIGARD,OR 97224 TIGARD,OR 97224 2S109AC06100 2S109AB05900 SHIFERAW,KULITI G SHORT,MICHAEL C 13292 SW NICOLE IN 13103 SW STARVIEW DR TIGARD,OR 97223 TIGARD,OR 97224 2S109ACO2900 2S109AB06000 SIGAMANI,SARAVANAN SKALSKY,NATHAN C&REBECCA L 13407 SW ANGUS CT 13095 SW STARVIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AB15100 2S109AB01100 SMITH,RICHARD W&FLORENCE R SONU,TERESA CHOLCHA 14261 SW ALPINE CREST WAY PALMROSE LIVING TRUST TIGARD,OR 97224 BY PALMROSE,GERALD W&CATHERIN 13265 SW BULL MOUNTAIN RD TIGARD,OR 97224 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 2S109AB12900 2S109AC05100 STEPHENS,CHRISTOPHER L&DENISE STOICA,CATALIN&ALINA 14204 SW STELLER'S JAY LN 13275 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S109AB03700 2S109AB01800 STRBA,JAROSLAV P& STUHLDRYER,SHAUN&LORI STRBA-CECHOVA,KATRINA 14473 SW 134TH DR 14256 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S109AB15800 SUNDBERG,ROSS STURGILL,RICHMOND BRETT&HAILE 16382 SW 104TH AVE 13357 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AB01400 2S109AB13600 SWAN,ROBERT J DONNA B SWENSEN,KURT S 13285 SW BULL MTN RD 14443 SW FORAN TER TIGARD,OR 97223 TIGARD,OR 97224 2S109AC03800 2S109AB15500 TABOADA,THADDEUS E&THERESA D TAMWU,GINNY 14715 SW 109TH AVE#3 14157 SW ALPINE CREST WAY PORTLAND,OR 97224 TIGARD,OR 97224 2S109ACO2100 2S109AC03000 TIGARD-TUALATIN SCHOOL DIST 23J TRINH,DAT ATTN:BUSINESS MANAGER NGUYEN,KIM 6960 SW SANDBURG ST 13389 SW ANGUS CT TIGARD,OR 97223 TIGARD,OR 97224 2S109AB13900 2S109AC05200 TSAI,MAY VANG,PENG Y&STEPHANIE P 14330 SW ALPINE CREST WAY 13263 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97223 2S109AB12400 2S109AB12100 VARDHANA,CHAITANYA WALLACE,DON&CYNTHIA 14230 SW ALPINE CREST WAY 14272 SW ALPINE CREST WAY TIGARD,OR 97224 TIGARD,OR 97224 2S109AB09700 2S109AC05700 WANG,ZHIFEI WEAVER,SAMUEL LIU,JIE CYKLER,KELSEY 14308 SW 132ND PL 13177 SW NICOLE LN TIGARD,OR 97224 TIGARD,OR 97224 WEGENER,BRIAN 2S109BD07400 9830 SW KIMBERLY DRIVE WESTGATE FAMILY 2017 TRUST TIGARD,OR 97224 BY WESTGATE,JOHN B&GRETCHEN R TR 14670 SW 136TH PL TIGARD,OR 97224 2S109AC03700 2S109AB15300 WHITTEN,LORA C WOLF,JAMES&RITA M SHEPHERD,ERIC J 13294 SW ALPINE VIEW DR 14591 SW ANGUS PL TIGARD,OR 97224 PORTLAND,OR 97224 2S109BD03100 2S109AB15000 WOOD,AIMEE D&ALLEN M WORTHING,NICHOLAS M&JENNA M 13585 SW TARLETON CT 13348 SW ALPINE VIEW DR TIGARD,OR 97224 TIGARD,OR 97224 2S109AC05900 2S109AC04800 WRIDGE,AMBER M YOUNG,DAVID E 13168 SW NICOLE LN YOUNG,MARDI C TIGARD,OR 97224 14634 SW 133RD AVE TIGARD,OR 97224 2S109AB15600 2S109AB06800 ZARRABI,MEHRDAD ZERN,SAMUEL N JR 14143 SW ALPINE CREST WAY WESTOVER,CHRISTINA L TIGARD,OR 97224 13102 SW STARVIEW TIGARD,OR 97224 City of Tigard U S.POSTAGE,.`PITNEY BOWES 13125 SW Hall Blvd. A:'c 't ZIP 97223 V Tigard, Oregon 97223 C 02 4yv 0000336894 MA"' CD/Lina 2S109AC03800 TABOADA,THADDEUS E&THERESA D 14715 SW 109TH AVE #3 PqR11YT) C)R pqa F E I ases /2 a/:I a RETORN TO SENDER NOT DF-i-XVERABE AS ADDRESSED UNASiE TO PORWARD IT= SC'. 97ZZ3S167913 JL 7 111 11111ti till III,!I I v I 011111hIP,11- 161W11 111111 .+ _:!: .;►!+'�!'+.,�_.'ira'.1.-:a�tii./�\1ac./i.. . :��:- �..��w>• 7Wv City Of Tigard ``` w° " ,' J.S.POSTAGE;,,,PITNEY BOWES � V 13125 SW Hall Blvd. 14 MAY 11 Tigard, Oregon 97223 -:- ,. Ip 97223 W 0000336894MAY 14 2018 CD/Lina 2S109AC03500 PARK, CHUNG JAE &JI-PEON 14662 SW ANGUS PL TIG A u n C)u 97224 97 €3 N=E 1 517100057ORWARD TIME RTN TO SENO PARK 6457 jNl k i3 � ...T a L. AX E- OSWEGO OF 97035 - 8048 q qp r .E K yURpNi TO SPENDER q A itISIi1i9�11�ti�� ��P111i11d1�i �a9ili!#111 . =All P`Nl WTI ND City of Tigard US POSTAGE PITNEY BOWES 13125 SW Hall Blvd. P14 2 1. ':�rr ZIP 97223 Tigard, Oregon 97223 $ 000.47 A: 02 4" 0000336894MAY 14 ?01H CD/Lina CITY OF TIGARD ATIN: LINA SMITH 13125 SW HALL BLVD. TIGARD, OR 97223 City of Tigard JS.POSTAGEi' PITNEY BOWES 13125 SW Hall Blvd. Tigard, Oregon 9722ZIP 97 2 3 •. ,'}000336894 MAF? 1 F CD/Lina 2S 109AC03800 TABOADA,THADDEUS E&THERESA D 14715 SW 109TH AVE #3 PORTLAND, OR I�9g 7y224 I.Y rl L 1T< 0�{y T - b.O SENDER y.`DR RETu NOT DELIVERABLE. AS ADDRESSED a UNABLE TO FORWARD ! i ;ATF 3C; 9722.3816799 *1629-95683-22-45 1 w,� 11it,111,11111ittill,1111,I'1111111111111111111111111'111=111111 '' me..-T. -.w^I� --s ..if.C1.�.�.a.. .� «' .. _. •.; w aAs..wr..,:_i`. 1- .11'' -0--- _ - .► ....�. .� _ _�- _.,.i w.-n. J.a. City of Tigard US POSTAGE��PITNEYBOWES 13125 SW Hall Blvd. :> '" LIP 97223 ' Tigard, Oregon 97223 �� W � , k 0000336894 MAR 22 2018 CD/Lina CITY OF TIGARD ATTN: LINA SMITH 13125 SW HALL BLVD. TIGARD, OR 97223 Jill fill il4e} 111i��laltf�il111�iii il�il.d11'i'}f�flAi APPLICANT MATERIALS 4 City of Tigard t.n 0I ? 1 COI\4LTNITI DEVELOPMENT DEPARTMENT Master Land Use Application ;"-��u.�;; :� - ,i,\.-_ I NG. 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(111) ❑ Transportation Mitigation(I1) ❑ Downtown Design Review(II,III) ❑ Urban Forestry Plan Modification(1) ❑ Historic Overlay(II or III) ❑ Zone Change (III or Legislative) ❑ Home Occupation(II) l" 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) Annex property located at 13285 SW Bull Mountain Rd into City of Tigard--allowing property to decommission existing septic system and tie into municipal sewer on Alpine Crest Way. PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): 13285 SW Bull Mountain Rd Tigard OR97224 Tax maps and tax lot #s: Total site size: 1.03 acres Zoning classification: R-6 APPLICANT INFORMATION "< Case No.: A�-,Of1�J/� Name: Matthew Shelby ing address: 13285 SW Bull Mountain Rd. Related Case No.(s): hfail Tigard, OR 97224 �pplicatioll Fee: , City/state: g Zip: Phone number: 503-310-8033 Application accepted: Matt ShelbyBy: Date: O? Primary contact name: Phone number: 503-310-8033 _Vplicativn determined complete: Email: duneanshelby@msn.com By:_ Date: rJ I:\Community Development\tand Use ApplfcationsND Faris and Templates\land Use AWkations P".12/14/2017 City of Tigard • 13125 SW7 Hall Blvd. Tigard,Oregon 97223 www.tigard-or.gov 1 503-718-2421 Page 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Matthew and Tabitha Shelby ilailuhg address: 13285 SW Bull Mountain Rd. City/state: Tigard, OR Zip: 97224 Phone: 503-310-8033 Email: duncanshelby@msn.com Wien 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.Tlne 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). Matthew Shelby 1/29/18 Applicant's signature Print name Date Applicant/Agent/Representative's signature Print time Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of each owner of the subject property required ' Matthew Shelby 1/29/18 4;01Owner s Print name Date Tabitha Shelby 1/29/18 Owners signature Print name Date Owners signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard 13125 SA'Hall Blvd. • Tigard,Oregon 97223 • www.tigard-orgov 503-718-2421 • Page 2 of 2 F2211, v Washington County,Oregon 2018-004647 o-0w 01/1912018 12:44:16 PM RECORDING REQUESTED BY: Stn=11 C WHITE Fidelity National Indic $16.00$11.00$5.00$20.00$539.00 $590.00 MQ�a I,Richard Habemkht,atracaor of Asaasarnont and Taaatlon and Ex• ORlele County Clark for Washinyron Counly,dragon,do haraby 5400 SW Meadows Road,Suite 100 cordfy that tho within instrunwrit ofwridng was raealved and ncordad in the hook of records of Bald eeunty. Lake Oswego,OR 97035 Richard Hobemicht,Director of GRANTOR'S NAME: Assessment and Taxation,Ex-Orticio Robert J Swan GRANTEE'S NAME: Matthew Shelby and Tabatha Shelby b AFTER RECORDING RETURN TO: Order No.: 45141726811-RW Matthew Shelby and Tabitha Shelby 13285 SW Bull Mountain Road — Portland,OR 97224 SEND TAX STATEMENTS TO: Matthew Shelby and Tabatha Shelby 13285 SW Bull Mountain Road Portland,OR 97224 13285 SW Bull Mountain Road,Portland,OR 97224 O SPACE ABOVE THIS UNE FOR RECORDER'S USE 'S STATUTORY WARRANTY DEED m I Robert J Swan,Grantor, conveys and warrants to Matthew Shelby and Tabatha Shelby, as tenants by the 78 arrtaraty,Grantee,the following described real property,free and clear of encumbrances except as specifically set r- forth below,situated in the County of Washington,State of Oregon: Z SEE EXHIBIT'A'ATTACHED HERETO AND MADE A PART HEREOF THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FIVE HUNDRED THIRTY-NINE m THOUSAND AND NO/100 DOLLARS($539,000.00). (See ORS 93.030). Subject to: Rights of the public to any portion of the Land lying within the area commonly known as the limits of streets,roads and highways Covenants,conditions and restrictions but omitting any covenants or restrictions,if any,including but not limited to those based upon race,cola,religion,sex,sexual orientation,familial status,marital status,disabifity,handicap, national origin,ancestry,source of income,gender,gender identity,gender expression,medical condition or genetic information,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document Recording Date: August 2,1968 Recording No: Book 708,Page 497 Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Portland General Electric Company,an Oregon corporation Purpose: Distribution line Recording Date: August 16,1968 Recording No: Book 710,Page 556 Affects: Reference is hereby made to said document for full particulars Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Purpose: Underground water pipe Recording Date: June 9,1972 Recording No: Book 871,Page 544 Affects: Reference is hereby made to said document for full particulars BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER S,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WfTH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND Dodd(sfrdoy,warranty)L"a i1 oRDi38s.doci Vpthdad:05.01.17 Paan t ORFr-FPVM-01520A70006-45141728111 I RECORDING REQUESTED BY: FIdelity National Title 5400 SW Meadows Road,Suite 100 Lake Oswego,OR 97035 GRANTOR'S NAME: Robert J Swan GRANTEE'$NAME: ® Matthew Shelby and Tabitha Shelby b AFTER RECORDING RETURN TO: Order No.: 45141726a114RW Matthew Shelby and Tabitha Shelby 13285 SW Bull Mountain Road .— Portland,OR 97224 d' SENO TAX STATEMENTS TO: �S Matthew Shelby and Tabitha Shelby 13285 SW Bull Mountain Road Portland,OR 97224 13285 SW Bull Mountain Road,Portland,OR 97224 SPACE ABOVE THIS LINE FOR RECORDER'S USE O o STATUTORY WARRANTY DEED a� I= Robert J Swan, Grantor, conveys and warrants to Matthew Shelby and Tabitha Shelby,as tenants by the entirety,Grantee,the following described real property,free and clear of encumbrances except as specifically set O forth below,situated in the County of Washington,State of Oregon: Z SEE EXHIBIT W ATTACHED HERETO AND MADE A PART HEREOF THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FIVE HUNDRED THIRTY-NINE m THOUSAND AND NO/100 DOLLARS($539,000.00). (See ORS 93.030). ii Subject to: Rights of the public to any portion of the Land lying within the area commonly known as the limits of streets,roads and highways Covenants,conditions and restrictions but omitting any covenants or restrictions,if any,including but riot limited to those based upon race,color,religion,sex,sexual orientation,familial status,marital status,disability,handicap, national origin,ancestry,source of income,gender,gender identity,gender expression,medical condition or genetic information,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document Recording Date: August 2,1968 Recording No: Book 708,Page 497 Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Portland General Electric Company,an Oregon corporation Purpose: Distribution line Recording Date: August 16,1968 Recording No: Book 710,Page 556 Affects: Reference is hereby made to said document for full particulars Easements)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Purpose: Underground water pipe Recording Date: June 9,1972 Recording No: Book 871,Page 544 Affects: Reference is hereby made to said document for full particulars BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300, 195-301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND oew(stautm warranty)I.wr 0110138840e/UpdaW:05.01.17 Page 7 OR+T-FPM41520.47000a45141728811 STATUTORY WARRANTY DEED (continued) 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. Dated: /4 �a�� RlertJ n State of Cr l ,eA3>0 County of 73o«4 DE/L This Instrument was acknowledged before me on 7k-,j LL'qA y 1(0_aZol$ by Robert J Swan. Notary Public-State of Areger (Zvlo24-M a My Commission Expires: EI\AARGINIALRU�RIC- STATE OF COLORADO OTARY ID 198'40112422921 aja Osad(BUpdory warranty)Lapr 2 OR-F r+ryM-01520.47000&45141728611 ORD1988AocIUpdaleC 05.01.17 Page EXHIBIT"A" Legal Description Beginning at the Southeast comer of tract of land conveyed to Wayne L.Knauss and Doris J.Knauss,husband and wife,as described In Book 632,Page 3,Washington County,Oregon film records,and which Southeast corner is described as being South 89'50'East 618.1 feet and South 0'01'West 1108.23 feet from the one-quarter section comer on the North line of Section 9,Township 2 south,Range 1 West,Willamette Meridian, In the County of Washington and State of Oregon;thence South 0'01'West along the East line of tinct of land described in contract of sale to said Wayne L Knauss,at ux,as recorded in Book 593,Page 263,Washington County peed Records,10.0 feet to the true beginning point of the tract herein described;thence North 89'50' West parallel with the South line of said Knauss tract as described in Book 632,Page 3,said film records,171.59 feet to a point which bears South 89'50'East 121.44 feet from the West line of said tract as described In Book 593,Page 263;thence South 0'O6'West parallel with said West line,366.77 feet to a point on the South line thereof;thence South 61'OT East along said South line 193.25 feet to the Southeast comer thereof;thence North 0'01'East 472.74 feet to the true place of beginning,except the East 50 feet thereof; TOGETHER WITH a non-exclusive perpetual right-of-way and easement for road and utility purposes on and over,along and within the East 50 feet of the tract above described,to be used and enjoyed by grantee,heirs and assigns,along with all other persons to whom a similar right has heretofore been granted or to whom a similar right-of-way may be hereafter granted;and excepting to grantor the right to dedicated or convey to a public body for public use the said right-of-way for road and utility purposes. i j Deed(StWory wemr*A upd I! OR0136840 I Up080ed:05.01.17 Page 3 OR-FT-FPYM.0152OA700084514172MI I Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected.While the system was functional,there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank. The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. l learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life. The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020. That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby r a 3 F- in 0 100. 200, POINT OF BEGINNING "A" 0 1 1 I BEING THE SOUTHEAST CORNER OFw OINT OF BEGINNING "B" LOT 21, ALPINE VIEW Z SCALE:1"=200' BEING THE SOUTHWEST CORNER OF Q LOT 20, ALPINE VIEW S89'49'59"E 151.73',z Q S00'00'08"E 38.55' 89'39'48"E 103.30' N00'00.59"W 227.27'-\0 a� a � S89'S3'02"E I S�' S00'15'12"W 100.00' o.^� CD 242.78' -q w -N N89.52'48"E 33.30' 3 �o I 870OK, o w ,n S02'02'57"W 162.19' Qa N °�TF I ^�� PAGES d rn 4 �� I ?o0 574 575 iv N89.52.48"E 138.89' N ' _ "60• I `v n Sg OS" 0 Q o POINT OF BEGINNINGtF " " sRSA g . ^�!o BRAT B,EING EWILSON RADGEST CORNE 9 Oo^ ! _ o soo•o1'12"EPROPERTY TO BE ANNEXED 4"E 402.59' h � 282.99'" 9 OUTLINED IN RED N01'31'37"E 190.10' DOC. NO.Q 2014-000610 O. — -—— 0 60'59'05"W 307.32' EXHIBIT B 3 �N87'43'44"W 402.60' S01.31'25"W 190.10' LOCATED IN THE NE 1/4 OF SECTION 9 o TOWNSHIP 2 S., RANGE 1 W., W.M. a DOCUMENT NO. WASHINGTON COUNTY, OREGON yy 96-108423 3 N ATE WN BY 61217 WESTLAKE O GRA III CONSULTANTS mc. p ECKED BY h LJS ENCLNEERINC • SURVEYING • PLANNING m SON PACIFIC CORPORATE CENTER Q JOB 15115 S.W.SEQUOIA PARKWAY, SUITE 150 (509)BB{-0052 0,330-021 -020 TIGARD,OREGON 97224 FAX(509) Bu-0157 ADDITIONAL D OCUMENTS Washington County,Oregon 2018-041752 D-URD Stn=16 M LOPEZ 06/18/2018 08:38:06 AM 11141 $120.00$11.00$5.00$60.00 $196.00 I,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: Amendment to Zone 3 Island Annexation (Recorded Document No. 2017-062239) Ordinance No. 2017-08 (Original) Ordinance No. 2018-09 (Amended) Description: This is an amendment to a document that was previously recorded with Washington County on August 7, 2017 (Recorded Document No. 2017-062239) for the Zone 3 Island Annexation. The amendment is regarding a property located at 13285 SW Bull Mountain Road (WCTM 2S109AB, Tax Lot 1400). City of Tigard Memorandum To: Washington County Assessment&Taxation Department Recording Division From: Lina.Smith,Assistant Planner Re: RECORDED DOCUMENT NO. 2017-062239 City of Tigard Ordinance No. 2017-08 File No. ZCA2017-00003 File Name: Zone 3 Island Annexation Date: June 14, 2018 On August 7, 2017, city staff recorded Ordinance No. 2017-08 for the Zone 3 Island Annexation with Washington County (Recorded Document No. 2017-062239). Under Ordinance No. 2017-08, seven (7) properties were approved for delayed annexation into the City of Tigard,with an effective date of July 27,2020. However,the owners of one (1) of the subject properties (13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400) requested to annex immediately,in order to connect to city sewer. Accordingly,City Council approved this annexation request for Tax Lot 1400 on May 8,2018 (Ordinance No. 2018-09). This annexation was filed with the Oregon Secretary of State on June 7,2018,and is now effective immediately. MAP& TAX LOT SITE ADDRESS OWNERS' OWNERS' NUMBER NAMES ADDRESS 2S109AB01400 13285 SW Bull Matthew and Same as site address Mountain Road Tabitha Shelby Attachment: Recorded Document No. 2017-062239 Copy: ZCA2018-00001 Land Use File Washington County,Oregon 2017.062239 D-ORD Stn=O C LOUCKS 08/07/2017 10:07:38 AM 41 $110.00$11.00$5.00$20.00 $146.00 I,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 Hobernicht,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: Zone 3 Island Annexation Ordinance No. 2017-08 Description: An ordinance approving the Zone 3 Island Annexation (ZCA2017-00003). The annexation shall be effective on July 27, 2020. CITY OF TIGARD,OREGON TIGARD CI'T'Y COUNCrr ORDINANCE NO.2017- AN ORDIILLkNCE ANNE3aNG SEVEN (7) PARCELS OF LAND TOTALLING 6.605 ACRES, APPROVING THE ZONE 3 ISLAND ANNEXATION (ZCA2017-00003), AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT, AND WASHINGTON COUNTY UR&kN ROAD MAINTENANCE DISTRICT. WHFREAS, the legislative body of the City of Trgard is authorized by ORS 222.750 to annex unincotporated territory surrounded by the City;and WHEREAS, the City of Ti lgard is authorized by ORS 222.12[l(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District; and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard City Council held a public heating on June Z7, 2017, to consider the annexation of 6.605 acres of land consisting of Washington County Tax Map(WC'IN 2S109AB,Tax Lots 1100, 1400, 1600,and 1700,WCTM 2S109AC,Tax Lots 300,400,and 2300, and withdrawal of said parcels from the Tigard Water District; WashhWm County Enhanced Sheriffs Patrol District, and'Washington County Urban Road Maintenance District;and WHEREAS, pursuant to Metro 3.09,ORS 222120 and 222524,notice was given and the City held a public hearing on the issue of annexation into the City on June Z7,2017;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Shetiffs Patrol District, and Washington County Urban Read Maintenance Distdct;and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar;and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annrzaA i , t;and W M,REAS,the Tigard City Council has car fi*considered the testimony at the public bearing and determined that withdrawal of the annexed properties from the applicable service distcieta is in the best interest of the City of Tigard. ORDINANCE No.17-0J Page 1 NOW,THEREFORE,THE CITY OF TIGIARD ORDAINS AS FOLLOWS. SECTION 1: The Tigard.City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and aB", and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the 'Staff Report to the City Coun&' (ZCA2017- 00001 to ZCA2017-OW10) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C"and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Wager District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road 1liairitenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2),the annexation shall be effective on July 27,2020. PASSED: By 2.l.J9 A/ . vote of all Council members present after being read by number and title only,this �~7 "` day of 9��� 2017. Carol Krager,City Record APPROVED: By Tigard City Council this,�27-t- day of Olez tue— 2017. r `i Appro-ed as to fin Jo L. Cook,Mayor City Attorney Date �,�"`" OF pT!o Y,I:t Dertiftec, io be a True Copy of w Original on File ..a s A L < ,�w B n ., Y� Deputy Rijorder- Citfolligard �' R9i e* L-3 Date: Ca I��1 ORDINANCE No.17— eatea, 's6 Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 3 LEGAL DESCRIPTION Three tracts of land in the Northeast one-quarter of Section 9,Township 2 South,Range 1 West of the Willamette Meridian;being those properties as conveyed by Documents Numbered 94- 103624,2006-071614,2015-084763,2011-008852,2014-000610,2008-065908 and Book 871, Pages 544-545,all Washington County Deed Records;in the City of Tigard,Washington County,Oregon;and being more particularly described as follows: TRACT A Beginning at the southeast comer of Lot 21 in the subdivision plat recorded as Alpine View,also being a point on the west right-of-way line of S.W.Alpine Crest Way a 50-foot wide roadway; thence along said west right-of-way line,and along the west line of Tract`D'of said plat of Alpine View,South 00°04'52"East a distance of 406.90 feet,more or less,to the north right-of- way line of S.W.Bull Mountain Road(C.R.No.2515)being 20.00 feet north of,when measured at right angles to,the centerline said road; thence along said north right-of-way line,North 60°59'05"West a distance of 451.72 feet,more or less,to east right-of-way line of S.W. 133rd Avenue,width varies to 50-foot wide roadway; thence along said east right-of-way line,North 00°00'59"West a distance of 227.27 feet,more or less,to the south line of Lot 35 in the subdivision plat recorded as Three Mountains Estates; thence along said south line,South 89149'59"East a distance of 151.73 feet to the west line of said plat of Alpine View; thence along said west line,South 00°00'08"East a distance of 38.55 feet to the south line of the westerly portion of said plat of Alpine View; thence along last said south line,South 89°53'02"East a distance of 242.78 feet to the Point of Beginning. Bearings are based upon plat of Alpine View. Area includes 2.832 acres,more or less. TRACT B Beginning at the southwest corner of Lot 20 in the subdivision plat recorded as Alpine View, being a point on the east right-of-way line of SW Alpine Crest Way a 50-foot wide road,also being the northeast comer of Tract`D'of said Alpine View; thence along the southerly lines of the eastern portion of said plat of Alpine View,the following five courses: North 89°39'48"East a distance of 103.30 feet; South 00'15'12"West a distance of 100.00 feet; North 89°52'48"East a distance of 33.30 feet; South 02°02'57"West a distance of 162.19 feet; and North 89°52'48"East a distance of 138.89 feet to the southeast comer of said plat of Alpine View,also being the west line of that property conveyed by Document No.78-031858, Washington County Deed Records; thence along said west line,South 00'01'12"East a distance of 283.00 feet,more or less,to the north right-of-way line of S.W.Bull Mountain Road(C.R.No.2515)being 20.00 feet north of, when measured at right angles to,the centerline said road; thence along said north right-of-way line,North 60°59'05"West a distance of 307.32 feet,more or less,to east line of said Tract`D'; EXHIBIT A CITY OF TIGARD ANNEXATION—ZONE 3 LEGAL DESCRIPTION Page 2 thence along said east line,North 00°04'52"West a distance of 395.12 feet to the Point of Beginning. Bearings are based upon plat of Alpine View. Area includes 2.016 acres,more or less. TRACT C Beginning at the northeast corner of Tract`B"within the subdivision plat recorded as Wilson Ridge,also being a point on the south line of said plat's Lots 7 through 11 and Tract"A"; thence along said south line and an easterly extension thereof,South 87043'44"East a distance of 402.59 feet to the west right-of-way line of S.W. 133rd Avenue,a 50-foot wide roadway; thence along said west right-of-way line,South 0 M1'25"West a distance of 190.10 feet,more or less,to the north line of that property conveyed by Document No.96-108423,Washington County Deed Records; thence along said north line,North 87°43'44"West a distance of 402.60 feet to the east line of said Tract"B"within plat of Wilson Ridge; thence along said east line,North 01°31'37"East a distance of 190.10 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Wilson Ridge. REGISTERED Area includes 1.757 acres,more or less. PROFESSIONAL 4AND,,SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS:n-/if I q a 3 F- V) 0 100, 200, POINT OF BEGINNING "A" 0 I I BEING THE SOUTHEAST CORNER OF wDINT OF BEGINNING "B" LOT 21, ALPINE VIEW Z SCAM 1"=200' p BEING THE SOUTHWEST CORNER OF w Q LOT 20, ALPINE VIEW D S89'49'59"E 151.73'--,z a �` 00'00'08"E 38.55' 89'39'48"E 103.30' N00"00'59"W 227.27-\oir ���� a , S89'53'02"En5'1 2"W 100.00' o.tiV 242.78' Oill O10 w N 89'52'48"E 33.30' 3 20 I I BOOK (D w vi S02'02'57"W 162.19' PAGES Z 574 W " 1 2 o I-575 N a 3 N89'S2'48 E 138.89' I c�' !o "eq 0 pS9•o,y I o 'n �S•• o a o POINT OF BEGINNING "C" at s4s, o BEING THE NORTHEAST CORNER OF 155 61 �?• � 2� I o�,h 3 TRACT B, WILSON RIDGE0� e�/k �� I =$ 00'01'12"E —S87'43'44"E 402.59'. j q ti g 282.99' w O�Nl I ao^ iN o N01'31'37"E 190.10' m \\ DOC. NO. RC'90 p� 2014-000610 b DOC. NO. \�.____ Q ZONE 3 — EXHIBIT B 2008-065908 0 60'59'05"W 307.32 LOCATED IN THE NE 1/4 OF SECTION 9 o N87043'44"W 402.60'' 01'31'25"W 190.10' TOWNSHIP 2 S., RANGE 1 W., W.M. DOCUMENT NO. iWASHINGTON COUNTY, OREGON 96-108423 Vi DATE DRAWN BY 61217 WESTLAKE CHEDKED BY p GRA III CONSULTANTS"x. QLi S sDtcrN RMG . MMYING • PLANNING cREVISION o PACWIC CORPORATE CKNTRR p JOB N0. 18115 S.W.SEQWODI PARKWAY.SUM 180 (8081 884-0888 i TIGARD.OREGON 07224 FAX 508 824-0157 7 1 1 033Q 0201 EXHIBIT "C" Hearin Date: June 27 2017 Time: 730 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON ° 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: ISLAND ANNEXATIONS CASE NO: Zone Change Annexation(ZCA) ZCA2017-00001 TO ZCA2017-00010 APPLICANT: City of Tigard OWNERS: Multiple Atm:Liz Newton 13125 SW Hall Boulevard Tigard, OR 97223 PROPOSAL: The City of Tigard is proposing to annex ten different areas of unincorporated land, all of which are completely surrounded by land in the City of Tigard jurisdiction. These ten unincorporated "islands" contain multiple properties, ranging in number from one to 55 parcels. LOCATIONS AND ZONING DESIGNATIONS: TAX ID NUMBER SITE ADDRESS COUNTY ZONE CITY ZONE 1S125CD04200 7505 SW LANDAU ST R-5 R-4.5 1S135AD02800 8540 SW SPRUCE ST R-15 R-25 2S104BC00200 13995 SW FERN ST R-6 R-7 2S104BC01300 14444 SW FERN ST R-6 R-7 2S104BC01500 R-6 R-7 2S104BC01800 14150 SW FERN ST R-6 R-7 2S104BD01600 13865 SW FERN ST R-6 R-7 2S104BD09200 13985 SW FERN ST R-6 R-7 2S105DD00900 15065 SW SUNRISE LN R-6 R-7 2S105DD01200 14905 SW SUNRISE LN R-6 R-7 2S109AB00400 R-6 R-7 2S109AB00500 14023 SW ALPINE CREST R-6 R-7 2S109ABO1100 13265 SW BULL MOUNTAIN R-6 R-7 2S109AB01400 13285 SW BULL MOUNTAIN R-6 R-7 2S109AB01600 13379 SW BULL MOUNTAIN R-6 R-7 2S109AB01700 13395 SW BULL MOUNTAIN R-6 R-7 2S109AC00300 14665 SW 133RD AVE R-6 R-7 2S109AC00400 14635 SW 133RD AVE R-6 R-7 2S109ACO2300 13175 SW BULL MOUNTAIN R-6 R-7 2S109AD03800 12525 SW WINTERVIEW DR R-6 R-7 ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 1 OF 16 2S109AD03900 12557 SW WINTERVIEW DR R-6 R-7 2S109AD04000 12589 SW NINTERVIEW DR R-6 R-7 2S109AD04100 12615 SW WINTERVIEW DR R-6 R-7 2S109AD04200 12639 SW WINTERVIEW DR R-6 R-7 2S109AD04300 12663 SW WINTERVIEW DR R-6 R-7 2S109AD04400 12687 SW WINTERVIEW DR R-6 R-7 2S109AD04500 12692 SW WINTERVIEW DR R-6 R-7 2S109AD04600 12668 SW WINTERVIEW DR R-6 R-7 2S109AD04700 12644 SW WINTERVIEW DR R-6 R-7 2S109AD04800 12620 SW WINTERVIEW DR R-6 R-7 2S109AD04900 12657 SW TERRAVIEW DR R-6 R-7 2S109AD05000 12673 SW TERRAVIEW DR R-6 R-7 2S109AD05100 12653 SW SUMMERVIEW CT R-6 R-7 2S109AD05200 12685 SW SUMMERVIEW CT R-6 R-7 2S109AD05300 12690 SW SUMMERVIEW CT R-6 R-7 2S109AD05400 12658 SW SUMMERVIEW CT R-6 R-7 2S109AD05500 12626 SW SUMMERVIEW CT R-6 R-7 2S109AD05600 12753 SW TERRAVIEW DR R-6 R-7 2S109AD05700 12781 SW TERRAVIEW DR R-6 R-7 2S109AD05800 12802 SW TERRAVIEW DR R-6 R-7 2S109AD05900 12788 SW TERRAVIEW DR R-6 R-7 2S109AD06000 12774 SW TERRAVIEW DR R-6 R-7 2S109AD06100 12760 SW TERRAVIEW DR R-6 R-7 2S109AD06200 12746 SW TERRAVIEW DR R-6 R-7 2S109AD06300 12732 SW TERRAVIEW DR R-6 R-7 2S109AD06400 14919 SW SUMMERVIEW DR R-6 R-7 2S109AD06500 14926 SW SUMMERVIEW DR R-6 R-7 2S109AD06600 12680 SW TERRAVIEW DR R-6 R-7 2S109AD06800 12662 SW TERRAVIEW DR R-6 R-7 2S109AD06900 12596 SW WINTERVIEW DR R-6 R-7 2S109AD07000 12564 SW WINTERVIEW DR R-6 R-7 2S109AD07100 12532 SW WINTERVIEW DR R-6 R-7 2S109AD07200 12500 SW WINTERVIEW DR R-6 R-7 2S109AD07300 R-6 R-7 2S109AD07400 R-6 R-7 2S109AD09900 14940 SW SUMMERVIEW DR R-6 R-7 2S109DA00200 14954 SW SUMMERVIEW DR R-6 R-7 2S109DA00300 14968 SW SUMMERVIEW DR R-6 R-7 2S109DA00400 14982 SW SUMMERVIEW DR R-6 R-7 2S109DA00500 14996 SW SUMMERVIEW DR R-6 R-7 2S109DA00700 12558 SW AUTUMNVIEW ST R-6 R-7 2S109DA00800 12574 SW AUTUMNVIEW ST R-6 R-7 2S109DA00900 15012 SW SUMMERVIEW DR R-6 R-7 2S109DA01000 15024 SW SUMMERVIEW DR R-6 R-7 ISLAM?D ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 2 OF 16 2S109DA01100 15030 SW SUMMERVIEW DR R-6 R-7 2S109DA01200 15056 SW SUMMERVIEW DR R-6 R-7 2S109DA01300 15067 SW SUMMERVIEW DR R-6 R-7 2S109DA01400 15051 SW SUMMERVIEW DR R-6 R-7 2S109DA01500 15035 SW SUMMERVIEW DR R-6 R-7 2S109DA01600 15019 SW SUMMERVIEW DR R-6 R-7 2S109DA01700 15003 SW SUMMERVIEW DR R-6 R-7 2S109DA01800 14987 SW SUMMERVIEW DR R-6 R-7 2S109DA01900 14961 SW SUMMERVIEW DR R-6 R-7 2S109DA02000 R-6 R-7 2S109DB01801 13020 SW SUMMIT RIDGE R-6 R-7 2S115AB00300 16280 SW 113TH AVE R-24 R-25 APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. SECTION II STAFF RECOMMENDATION Staff recommends the Council find that the proposed annexations (ZCA2017-00001 to ZCA2017- 00010) meet all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390,and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3,Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends APPROVAL of ZCA2017-00001 to ZCA2017-00010 by adoption of the attached ordinances. SECTION III. BACKGROUND INFORMATIO The City of Tigard is proposing to annex ten different areas of unincorporated land, all of which are completely surrounded by land in the City of Tigard jurisdiction.These ten unincorporated"islands" contain multiple properties,ranging in number from one to 55 parcels.The applicant has identified the ten proposed annexation areas as"Zones 1 through 9." Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009)were submitted by City of Tigard staff(instead of the property owners),and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. Zone 1 is 15.164 acres in size, and contains 55 tax lots. The site is located on the south side of SW Bull Mountain Road, north of SW Beef Bend Road, east of SW Greenfield Drive, and west of SW Pacific Highway (Highway 99W). The 55 properties in Zone 1 were originally approved as part of the Arlington Heights and Arlington Heights No. 2 Subdivisions. The properties are currently located in the Washington County R-6 District(residential 6 units per acre). ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017--00010 PAGE 3 OF 16 Zone 2 is 1.13 acres in size, and is made up of one (1) tax lot (13020 SW Summit Ridge Street; WCTM 2S109DB, Tax Lot 1801). The site is located on the south side of SW Summit Ridge Street, north of SW Beef Bend Road, east of SW 133 ' Avenue, and west of SW Oak Valley Terrace. The property is currently located in the Washington County R-6 District Zone 3 contains "Tracts A through C," and is made up of seven (7) total tax lots. Tract A is 2.832 acres in size, and is made up of three (3) tax lots (13285, 13379, and 13395 SW Bull Mountain Road; WCTM 2S109AB,Tax Lots 1400, 1600,and 1700).Tract A is located on the north side of SW Bull Mountain Road, east of SW 133`a Avenue,and west of SW Alpine Crest Way.Tract B is 2.016 acres in size,and is made up of two (2) tax lots (13175 and 13265 SW Bull Mountain Road; WCTM 2S109AC, Tax Lot 2300 and WCTM 2S109AB,Tax Lot 1100). Tract B is on the north side of SW Bull Mountain Road, east of SW Alpine Crest Way,and west of SW 130' Avenue. Tract C is 1.757 acres in size, and is made up of two (2) tax lots (14635 and 14665 SW 1334 Avenue;WCTM 2S109AC,Tax Lots 400 and 300). Tract C is located on the south side of SW Bull Mountain Road, and the west side of SW 1334 Avenue.All Zone 3 properties are located in the Washington County R-6 District. Zone 4 is 5.012 acres in size, and is made up of two (2) tax lots (14023 SW Alpine Crest Way, WCTM 2S109AB, Tax Lots 400 and 500). The site is north of SW Wilmington Lane, south and east of SW Benchview Terrace, and west of SW Greenfield Drive. The properties are currently located in the Washington County R-6 District Zone 5 contains "Tracts A and B," and is made up of two (2) tax lots (14905 and 15065 SW Sunrise Lane; WCTM 2S105DD,Tax Lots 1200 and 900). Tract A is 0.512 acres in size,and Tract B is 0.498 acres in size. Both properties are located north and east of SW Sunrise Lane, south of SW Barrows Road,and west of SW Sandridge Drive.The properties are currently located in the Washington County R-6 District Zone 6A contains "Tracts A through C," and is made up of five (5) total tax lots. Tract A is 6.250 acres in size, and is made up of three (3) tax lots (13865, 13985, and 13995 SW Fern Street;WCTM 2S104BD, Tax Lots 1600 and 9200 and WCTM 2S104BC, Tax Lot 200). Tract A is located on the north side of SW Fern Street,east of SW Windsong Court,and west of SW Walnut Street.Tract B is 1.007 acres in size,and is made up of one (1) tax lot (14150 SW Fern Street, WCTM 2S104BC, Tax Lot 1800). Tract B is located on the south side of SW Fern Street, east of SW Ascension Drive, and west of SW 135 'Avenue. Tract C is 1.049 acres in size, and is made up of one (1) tax lot (14444 SW Fern Street; WCTM 2S104BC, Tax Lot 1300). Tract C is located on the south side of SW Fern Street, east of SW Creekshire Drive, and west of SW Ascension Drive.All Zone 6A properties are located in the Washington County R-6 District. Zone 6B is 0.930 acres in size, and is made up of one (1) tax lot (WCTM 2S104BC,Tax Lot 1500). The site is located on the south side of SW Fern Street, east of SW Ascension Drive, and west of SW 135 'Avenue. The property is currently located in the Washington County R-6 District. The Zone Change Annexation application for Zone 6B (Case No. ZCA2017-00010) was signed by the property owner, Michael Lee Hohnbaum. Additionally, Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. Zone 7 is 0.225 acres in size, and is made up of one (1) tax lot (8540 SW Spruce Street;WCTM 1S135AD, Tax Lot 2800). The site is located on the south side of SW Spruce Street, east of SW Hall Boulevard, and west of SW 78h Avenue. The property is currently located in the Washington County R-15 District (residential 15 units per acre). ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 4 OF 16 Zone 8 is 0.609 acres in size, and is made up of one (1) tax lot (7505 SW Landau Street;WCTM 1S125CD, Tax Lot 4200). The site is located on the north side of SW Landau Street, east of SW 77''Avenue,and west of SW 74 h Avenue. The property is currently located in the Washington County R-5 District (residential 5 units per acre). Zone 9 is one (1) acre in size, and is made up of one (1) tax lot (16280 SW 113"'Avenue;WCTM 2S115AB, Tax Lot 300).The site is located south of SW Durham Road,east of SW 113 'Avenue,and west of SW 108'' Avenue. The property is currently located in the Washington County R-24 District (residential 24 units per acre). SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS City: Community Development Code Chapters 18.320 and 18.390;Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(]CrrLE 181 Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; FINDINGS: As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. Staff interprets the phrase "all services and facilities are available to the area" to mean the services and facilities are currently available and present in the vicinity of the proposed annexation areas, or in the case of sewer and water services, are present in the vicinity and can be made available to the proposed annexation areas through an extension. Therefore, staff finds that all services are available for the proposed annexation areas,and have adequate capacity to serve the subject sites, as detailed in the additional findings below. Stormwater—City of Tigard. City of Tigard stormwater infrastructure either currently exists adjacent to the proposed annexation areas, or can be made available to the subject sites. Additionally, any properties that are currently served by Clean Water Services will have their stormwater service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Water—City of Tigard/Tigard Water District. Two of the proposed annexation properties (8540 SW Spruce Street; WCTM 1S135AD, Tax Lot 2800 and 7505 SW Landau Street; WCTM 1S125CD, Tax Lot 4200) are currently located within the Tualatin Valley Water District (TVWD),and will continue to receive water service from that agency.TVWD reviewed the proposal,and had no objections. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 5 OF 16 The other proposed annexation properties are located within the Tigard Water Service Area. City of Tigard water infrastructure either currently exists adjacent to the proposed annexation areas, or can be extended to the subject sites. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Sewer — City of Tigard. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation areas, or can be extended to the subject sites. Additionally, any properties that are currently served by Clean Water Services will have their sanitary service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Police—City of Tigard Police Department.The Washington County Sheriffs Office currently provides police services to the proposed annexation areas. If these annexation requests are approved, the properties will be withdrawn from the Enhanced Sheriffs Patrol District. The City of Tigard Police Department reviewed the proposal, and had no objections. Because of the island configurations of the proposed annexation areas,they will be more efficiently served by the City of Tigard. Fire—Tualatin Valley Fire and Rescue. The proposed annexation areas are currently located within the service area for Tualatin Valley Fire and Rescue (TVF&R). Accordingly, TVF&R currently provides fire protection and emergency medical services to the subject sites, which will not change with these annexation requests.TVF&R reviewed the proposal,and had no objections. Parks—City of Tigard. According to the Tigard Urban Services Agreement, the City of Tigard is the primary service provider of parks within the Urban Services Area. Actual provision of services depends on annexation of territory within this service area, subject to the Tigard Park System Master Plan. Staff has reviewed the annexation proposals, and determined that these requests will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The Washington County Urban Road Maintenance District currently provides maintenance and road services to the proposed annexation areas that currently contain public streets. Several of the subject properties are also located in a Washington County Service District for Lighting, and receive maintenance services for neighborhood street lights through this program. If these annexation requests are approved, the properties will be withdrawn from the Washington County Urban Road Maintenance District and Washington County Service District for Lighting. Upon annexation, street-related services will be provided by the City of Tigard. The City of Tigard Engineering Division reviewed the proposal,and had no objections. CONCLUSION: Based upon this review, staff finds that all Public Facilities and Services (as defined by the City of Tigard Comprehensive Plan) are available to the proposed annexation areas, or can be made available, and have sufficient capacity to provide service. The proposed annexations will not adversely impact levels of service within the City of Tigard.This criterion is met. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. FINDINGS: The following City of Tigard Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1;Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan goals and policies based on the following findings: ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 6 OF 16 Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens will be provided an opportunity to be involved in all phases of the planning process, the city issues public notices for Type III and Type N land use applications. City staff posted,mailed,and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1, 2017; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8,June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City Council. In addition to the Type III and Type IV public notice procedures outlined above, city staff conducted public outreach efforts prior to submitting these annexation applications, including hosting an open house for affected property owners at Tigard City Hall on April 5,2017. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. City of Tigard stormwater infrastructure either currently exists adjacent to the proposed annexation areas, or can be made available to the subject sites. Additionally,any properties that are currently served by Clean Water Services will have their stormwater service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Goal 11.1 Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation areas, or can be made available to the subject sites. Additionally, any properties that are currently served by Clean Water Services will have their sanitary service transferred to the City of Tigard. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the proposed annexation areas. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The Washington County Urban Road Maintenance District currently provides maintenance and road services to the proposed annexation areas that currently contain public streets. Several of the subject properties are also located in a Washington County Service District for Lighting, and receive maintenance services for neighborhood street lights through this program. If these annexation requests are approved, the properties will be withdrawn from the Washington County Urban Road Maintenance District and Washington County Service District for Lighting. Upon annexation, street-related services will be provided by the City of Tigard. The City of Tigard Engineering Division reviewed the proposal, and had no objections. Goal 14.2: Implement the Tigard Urban Services Agreement through all reasonable and necessary ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 7 OF 16 steps,including the appropriate annexation of unincorporated properties. Policy 1.The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The Tigard zoning district designations that most closely conform to the existing Washington County zoning designations for the properties to be annexed are the ones proposed to be assigned to the area, as described in the specific findings below,under Chapter 18.320.020.C. Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Chapter 18.320.020.B.1 above, staff finds urban level services are available to the proposed annexation areas,or can be made available,and have adequate capacity to provide service. Policy 3.The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services;and As addressed under Chapter 18.320.020.B.1 above, staff finds all public facilities and services are available to the proposed annexation areas,or can be made available,and have adequate capacity to provide service. B. is consistent with applicable state statute. As reviewed later in this report, staff finds the applicable provisions of Oregon Revised Statutes Chapter 222 have been met,consistent with this policy. Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to:A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. All proposed annexation areas are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction,and are contiguous to the city's boundaries. ORS 222.111 states that a proposal for annexation of contiguous territory to a city may be initiated by the legislative body of the city (City Council), on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. Aside from the application for Zone 6B (Case No. ZCA2017- 000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009)were submitted by City of Tigard staff(instead of the property owners),and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. Accordingly, a majority of the proposed annexation applications were initiated by the legislative body of the City of Tigard, the City Council,and therefore are consistent with the above policy. CONCLUSION: The proposed annexation applications satisfy the applicable Comprehensive Plan policies and implementing ordinance provisions. This criterion is met. Chanter 18,320.020.C:Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 8 OF 16 the city's zoning district which most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations which are the most similar. FINDINGS: TDC Table 18.320.1 summarizes conversions for City of Tigard comprehensive plan designations and zoning designations that are most similar and most closely implement Washington County comprehensive plan designations and zoning designations. As illustrated in the table below, the assignment of city designations for the subject properties will be based on these conversions, and will occur automatically and concurrently with the proposed annexations. TDC TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use Citof Tigard ZiCity of Tigard City gZoning Districts/Plan Designation Plan Designation R-5 Res. 5 units/acre R4.5 SFR 7,500 sq. ft. Low density 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR 5,000 sq.ft. Med. density 6-12 units/acre R-15 Res. 15 units/acre R-25 Multifamily 25 units/acre Medium-High density 13-25 units/acre R-24 Res.24 units/acres R-25 Multifamily 25 units/acre Medium-High density 13-25 units/acre CONCLUSION: Upon annexation, the subject properties will be assigned City of Tigard comprehensive plan designations and zoning designations that are most similar and most closely implement Washington County comprehensive plan designations and zoning designations, as indicated in TDC Table 320.1, above. Chapter 18.390.060:Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the City of Tigard Community Development Code (Title 18), using standards of approval contained in Section 18.390.020.B,which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. In addition to implementing the procedures for Type IV land use applications, city staff also followed public noticing requirements for Type III land use applications. Accordingly, city staff posted, mailed, and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1, 2017; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8,June 15,and June 22, 2017) prior to the June 27,2017 public hearing before Tigard City Council. Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV decision: ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 9 OF 16 1.The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; FINDINGS: The City of Tigard Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with Oregon's Statewide Planning Goals and Guidelines. In addition, staff finds the proposed annexations are consistent with the Comprehensive Plan goals and policies,as discussed above in this report. CONCLUSION: The proposed annexations are consistent with the city's acknowledged Comprehensive Plan. Therefore,the proposals comply with the Statewide Planning Goals and Guidelines,including citizen involvement,land use planning,public facilities and services,transportation,and urbanization. 2.Any federal or state statutes or regulations found applicable; FINDINGS: Oregon Revised Statutes (ORS) Chapter 222 - City Boundary Changes; Mergers; Consolidations; Withdrawals ORS 222.111 states that a proposal for annexation of contiguous territory to a city may be initiated by the legislative body of the city (City Council), on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. A city is not required to hold an election for such annexations if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. All proposed annexation areas are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction,and are contiguous to the city's boundaries. Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of Tigard staff(instead of the property owners), and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. City staff posted, mailed, and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1,2017;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8, June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City Council. CONCLUSION: Staff finds that the provisions of ORS 222 have been met. 3.Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 10 OF 16 addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the Metro regulations for Local Government Boundary Changes and addressed the applicable regulations below: FINDINGS: Metro 3.09.030 (A) The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045. These requirements apply in addition to, and do not supersede, applicable requirements of ORS Chapters 197, 198, 221 and 222 and any city or county charter provision on boundary changes. The proposed annexations are considered boundary change decisions by a reviewing entity,and will not be processed as expedited decisions.Therefore, these notice requirements apply. (B) Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. (C)The notice required by subsection(B) shall: (1)Describe the affected territory in a manner that allows certainty; (2) State the date, time and place where the reviewing entity will consider the boundary change; and (3) State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. City staff determined the proposed annexation applications were complete on May 30, 2017, and a public hearing for deliberations on the proposed boundary changes before Tigard City Council was scheduled for June 27,2017. City staff gave notice of the proposed deliberations through the following methods: the city posted public hearing notices at four public places on June 7, 2017 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and the Tigard Public Works Building); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1,2017;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 8, June 15, and June 22, 2017) prior to the June 27, 2017 public hearing before Tigard City Council. Metro 3.09.045 (D) and (El The proposed annexation is not being reviewed through an expedited process, but subsection (D) of Metro Code 3.09.050 requires that the standards of 3.09.045 (D) and (E) be addressed. (D)To approve a boundary change through an expedited process,the city shall: (1) Find that the change is consistent with expressly applicable provisions in: ISLAND ANNEXATIONS ZCA2017-00001 TO ZC'.A2017-00010 PAGE 11 OF 16 (a)Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement (TUSA) is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed in Chapter 18.320.020.B.1 of this report, staff finds that all urban services are available to the proposed annexation property, or can be made available, and have sufficient capacity to provide service. The Urban Planning Area Agreement (UPAA) between the City of Tigard and Washington County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. (b)Any applicable annexation plan adopted pursuant to ORS 195.205; There is no applicable annexation plan associated with this project. Therefore, this provision does not apply. (c)Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the subject sites; the City of Tigard or Tualatin Valley Water District will provide water service; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriffs Office;any of the proposed annexation areas that currently contain public streets will be removed from the Washington County Urban Road Maintenance District; and any of the proposed annexation areas that are currently located in the Washington County Service District for Lighting will be removed from that program. (d) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services;and The City of Tigard Public Facility Plan was adopted in 1991, in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rule 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rule 660, Division 25. As addressed under Chapter 18.320.020.B of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. (e)Any applicable comprehensive plan;and The City of Tigard Comprehensive Plan applies to this proposed annexation. As addressed in Chapter 18.320.020.B.2 of this report, staff finds the applicable Comprehensive Plan goals and policies have been satisfied. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 12 OF 16 (2) Consider whether the boundary change would: (a) Promote the timely, orderly and economic provision of public facilities and services; (b) Affect the quality and quantity of urban services; and(c) Eliminate or avoid unnecessary duplication of facilities or services. The proposed annexation areas are "islands" of unincorporated land that are completely surrounded by land in the City of Tigard jurisdiction, and are contiguous to the city's boundaries. As reviewed in Chapter 18.320.020.13.1 of this report, staff finds that all public facilities and services are available to the proposed annexation areas, or can be made available, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the subject sites; the City of Tigard or Tualatin Valley Water District will provide water service; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriffs Office; TVF&R will continue to provide fire protection and emergency medical services; any of the proposed annexation areas that currently contain public streets will be removed from the Washington County Urban Road Maintenance District; and any of the proposed annexation areas that are currently located in the Washington County Service District for Lighting will be removed from that program. The proposed annexations will not adversely impact levels of service within the City of Tigard. (E) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and outside the UGB. Neither a city nor a district may extend water or sewer services from inside a UGB to territory that lies outside the UGB. The proposed annexation areas are not outside the UGB.Therefore,this criterion does not apply. Metro 3.09.050 (B) (B) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsection (d) below, and that includes at a minimum the following: This staff report was available to the public on June 12, 2017, fifteen (15) days prior to the public hearing before Tigard City Council. (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed in Chapter 18.320.020.13.1 of this report, staff finds that all urban services are available to the proposed annexation areas,or can be made available,and have sufficient capacity to provide service. (2) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation areas will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriffs Patrol District, the Washington County Urban Road Maintenance District, and the Washington County Service District for Lighting upon completion of these annexation requests.These withdrawals are incorporated into the attached ordinance. (3)The proposed effective date of the boundary change. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 13 OF 16 A public hearing regarding this annexation request will take place before Tigard City Council on June 27, 2017. Aside from the application for Zone 6B (Case No. ZCA2017-000010), the Zone Change Annexation applications for all subject sites (Case Nos. ZCA2017-00001 to ZCA2017-00009) were submitted by City of Tigard staff(instead of the property owners),and are therefore considered involuntary annexations. Zone 6B is the only proposed annexation area in this project that has been voluntarily submitted by the property owner. If Council adopts findings to approve Case No. ZCA2017-00010 for Zone 6B, the effective date of this annexation will be upon filing with the Oregon Secretary of State, as outlined in Oregon Revised Statutes Chapter 222.180. If Council adopts findings to approve Case Nos. ZCA2017-00001 and ZCA2017-00003 to ZCA2017-00009,the effective date of these annexations will be June 27, 2020. Aside from sewer, all Public Facilities and Services (as defined by the City of Tigard Comprehensive Plan) are currently available to Zone 5 (Case No. ZCA2017-00002). However, sanitary infrastructure is in place in the vicinity and can be made available to Zone 5 at some point in the future. Accordingly,the applicant has requested the effective date of annexation for Zone 5 be in 10 years, or when City of Tigard sanitary infrastructure is available to the subject properties,whichever occurs first. (C) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary changes meet the applicable criteria, as demonstrated through the findings in this staff report. (D) To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and(E)of Section 3.09.045. The factors set forth in subsections (D) and (E) of Section 3.09.045 have been previously addressed in this report. CONCLUSION: Staff concludes the proposed annexations satisfy applicable regulations outlined in Chapter 3.09 Local Government Boundary Changes of the Metro Code.This criterion is met. (Tigard CDC 18.390.060 continued) 4.Any applicable comprehensive plan policies; and FINDINGS: Applicable City of Tigard Comprehensive Plan policies were addressed under Chapter 18.320.020.B.1 of this report. CONCLUSION: Staff concludes the proposed annexations satisfy applicable City of Tigard Comprehensive Plan policies. 5.Any applicable provisions of the City's implementing ordinances. FINDINGS: In February 2016, Tigard City Council passed Resolution 16-07,which extended previously approved incentives for property owners to annex into the city limits, for reasons that do not include the need for city services. These incentives include a waiver of the city annexation application fee,and phasing in of increased property taxes. Although the subject "island" properties are being processed through involuntary annexation procedures, the above referenced incentives are still being applied to these ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-01010 PAGE 14 OF 16 applications through direction of City Council.As previously demonstrated through the findings contained within this report, the proposed annexations are consistent with all applicable sections of the City of Tigard Community Development Code. CONCLUSION: Staff concludes the proposed annexations satisfy applicable provisions of the city's implementing ordinances. SE TION V. AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of this proposal,and had no objections. Frontier Communications was sent a copy of the applicants proposal,and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal,and had no objections. Tualatin Valley Water District was sent a copy of the applicant's proposal,and had no objections. ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 15 OF 16 SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject sites on June 1, 2017. As of June 12, 2017, no written public comments were received. June 12.2017 PREPARED BY: Lina.Smith DATE Assistant Planner - l"ce- June 12.2017 REVIEWED BY: Tom McGuire DATE Assistant Community Development Director ISLAND ANNEXATIONS ZCA2017-00001 TO ZCA2017-00010 PAGE 16 OF 16 M City of Tigard March 14, 2018 Matthew and Tabitha Shelby 13285 SW Bull Mountain Road Tigard, OR 97224 Re: Completeness Review Shelby Annexation (Case No. ZCA2018-00001) 13285 SW Bull Mountain Road (WCTM 2S109AB, Tax Lot 1400) Dear Mr. and Mrs. Shelby, Staff has conducted a preliminary review of your application to annex the above-referenced property, and determined that it is complete as of March 14, 2018. Tigard Planning Commission will conduct a public hearing on your application on Monday, April 16, 2018 at 7:00 p.m. Tigard City Council will conduct a public hearing on your application on Tuesday,May 8,2018 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 e tiga�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 z City of Tigard March 6, 2018 Matthew and Tabitha Shelby 13285 SW Bull Mountain Road Tigard, OR 97224 Re: Completeness Review Shelby Annexation (Case No. ZCA2018-00001) 13285 SW Bull Mountain Road (WCTM 2S109AB, Tax Lot 1400) Dear Mr. and Mrs. Shelby, This letter is a follow up to an e-mail city staff sent on February 26, 2018 (attached to this letter, for reference). On February 5, 2018, the City of Tigard Planning Division received your application to annex the above-referenced property, in order to connect to city sewer. Staff has determined that the following additional information is necessary before the application can be deemed complete: • Please submit a survey map and legal description for the property located at 13285 SW Bull Mountain Road (WCTM 2S109AB, Tax Lot 1400). Please feel free to contact me at (503) 718-2438 or LinaCSgtigard-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