Ordinance No. 21-01 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 21-0)
AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 0.75
ACRES AND ONE-HALF OF THE ADJOINING SW 133' AVENUE RIGHT-OF-WAY,APPROVING
THE RIETMAN ANNEXATION (ZCA2020-00002), AND WITHDRAWING THE 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 boundaries 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 December 7, 2020, and Tigard City
Council held a public hearing on January 5,2021,to consider the annexation of one (1) parcel of land consisting
of Washington County Tax Map(WCTM) 2S 109AC,Tax Lot 600 and adjoining right-of-way,and withdrawal of
said parcel and adjoining right-of-way 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 December 7,2020 and January 5,2021;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.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel and adjoining right-of-way as
described and shown in the attached Exhibits "A" and"B",and withdraws said parcel and
ORDINANCE No.21-01
Page 1
adjoining right-of-way 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" (ZCA2020-00002) 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: If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidity does not affect the other provisions or applications of the
ordinance which can be given effect without the invalid provision or application,and to this
end the provisions of this ordinance are severable. This City Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property and
adjoining right-of-way from the Tigard Water District, Washington County Enhanced
Sheriffs Patrol District, and Washington County Urban Road Maintenance District will be
the effective date of this annexation.
SECTION 6: This ordinance will 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
will be effective upon the effective date of this ordinance and filing with the Secretary of
State.
PASSED: By2r )21 iY1 c ztu--- vote of all council members present after being read by number and
title only,this S4 ' day of 2Y17Jh.2.J7 ,2021.
Carol A. Kroger,City Recorder
APPROVED: By Tigard City Council this `5 �` day of /clot tI ,2021.
Jason B. Snider,Mayor
Approved as to form:
City Attorney
1/6/2021
Date
ORDINANCE No.21-0
Page 2
AKS ENGINEERING&aORESTRY,LLC
ILO 12965 SW Herman Road,Suite 100,Tualatin,OR 97062
AKS Job#8439
P:(503)563-6151 I www.aks-eng.com
ENGINEERING&FORESTRY OFFICES IN: BEND,OR - KEIZER,OR - TUALATIN,OR -VANCOUVER,WA
EXHIBIT A
Annexation Description
A tract of land and a portion of right-of-way, located in the Northeast One-Quarter of Section 9,
Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being
more particularly described as follows:
Commencing at the most easterly southeasterly corner of the plat"Wilson Ridge" and also being
on the west right-of-way line of SW 133rd Avenue (25.00 feet from centerline), said point bears
South 89°54'00" East 2.00 feet from the southeast corner of Lot 7 of said plat; thence along the
easterly extension of the south line of said plat, South 89°54'00"East 25.00 feet to the centerline
of SW 133rd Avenue; thence along said centerline, South 00°37'00" East 240.00 feet to the
easterly extension of the north line of Document Number 97026952 and also being on the City of
Tigard city limits line, and the Point of Beginning; thence leaving said city limits line and
continuing along said centerline, South 00°37'00"East 140.00 feet to the easterly extension of the
south line of said deed;thence along said easterly extension and the south line of said deed,North
89°54'00"West 298.80 feet to the southwest corner of said deed and also being on said city limits
line, said point bears South 89°54'00" East 129.00 feet from the southeast corner of Tract 'C' of
said plat; thence along the westerly line of said deed and said city limits line, North 30°10'10"
East 161.76 feet to the northwest corner of said deed; thence along the north line of said deed and
the easterly extension thereof and said city limits line, South 89°54'00" East 216.00 feet to the
Point of Beginning.
The above described tract of land contains 36,034 square feet,more or less.
Bearings for this description are based on Survey Number 16,834,Washington County Survey
Records.
12/2/2020
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PROFESSIONAL
LAND SURVEYOR
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JANUARY 9, 2007
NICK WHITE
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EXHIBIT B
A TRACT OF LAND AND A PORTION OF RIGHT-OF-WAY,
LOCATED IN THE NORTHEAST 1/4 OF SECTION 9,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON
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12/2/2020 PREPARED FOR
SHAWN AND JORINE RIETMAN SCALE: 1"=100 FEET
PROFESSIONAL 14715 SW 133RD AVENUE IIII
LAND SURVEYOR TIGARD, OR 97224 I♦
100 0 20 50 100
nit;11( ANNEXATION MAPEXHIBIT
B
OREGON JANUARY 9, 2007 AKS ENGINEERING & FORESTRY, LLC DRWN: WCB
1. NICK WHITE 12965 SW HERMAN RD, STE 100 AK CHKD: NSW
70652LS TUALATIN, OR 97062 AKS JOB:
RENEWS. 6/30/22 503.563.6151 WWW.AKS-ENG.COM 8439
DWG:8439 20201202 EXB I EXB1
EXHIBIT C
Hearing Date:January 5,2021 Time:7:30 P.M.
PLANNING COMMISSION
RECOMMENDATION TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: RIETMAN ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2020-00002
APPLICANTS: Shawn C. and B.Jorine Rietman
14715 SW 133rd Avenue
Tigard, OR 97224
OWNERS: Same as applicants
PROPOSAL: The property owners request to annex a 0.75-acre property located at 14715 SW 133'
Avenue (WCTM 2S109AC,Tax Lot 600) into the City of Tigard,in order to connect
to city sewer.
LOCATION: 14715 SW 133"Avenue
WCTM 2S109AC,Tax Lot 600
COUNTY ZONE: R-6:Residential 6 units per acre
CITY ZONE: R-7:Medium-Density Residential
APPLICABLE The approval standards for annexations are described in Community Development
REVIEW Code Chapters 18.710 and 18.720;Comprehensive Plan Goals 1,11,12,and 14;Metro
CRITERIA: Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222.
SECTION II. PLANNING COMMISSION RECOMMENDATION
Planning Commission finds that the proposed annexation(ZCA2020-00002)meets all the approval criteria as
identified in ORS Chapter 222,Metro Code Chapter 3.09, Community Development Code Chapters 18.710
and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal
11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends
APPROVAL of ZCA2020-00002 to City Council.
RIETMAN ANNEXATION PAGE 1 OF 11
ZCA2020-00002
SECTION III. BACKGROUND INFORMATION
The subject property (14715 SW 133rd Avenue;WCTM 2S109AC,Tax Lot 600) is located on the west side
of SW 133rd Avenue, north of SW Beef Bend Road, and south of SW Bull Mountain Road. The adjacent
properties to the north and west are under the jurisdiction of the City of Tigard, and the adjacent properties
to the south and east are part of unincorporated Washington County. The property is currently developed
with an existing single detached house with an attached garage,paved driveway, and associated landscaping.
As defined by Washington County Land Use Districts,the subject property is zoned R-6 (Residential 6 units
per acre), and upon approval of this proposed annexation, the property will be zoned R-7 (Medium-Density
Residential),under City of Tigard designations.The applicant requests to annex into the City of Tigard in order
to connect to city sewer.
On December 7, 2020, Planning Commission held a virtual public hearing to consider this application for
annexation (Case No. ZCA2020-00002). No public testimony was received at the hearing. 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: Oregon Revised Statutes Chapter 222
CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Chapter 18.710 Land Use Review Procedures
18.710.080 Type III-Modified Procedure
A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter
18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria
contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation
from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning
Commission(scheduled for December 7,2020),and one before City Council(scheduled for January 5,2021).
City staff followed public noticing requirements,in accordance with CDC Sections 18.710.070 and 18.710.080,
Metro Code Chapter 3.09,and ORS Chapter 222.City staff posted public hearing notices in four public places
on November 16,2020 (Tigard City Hall,Tigard Permit Center,Tigard Public Works,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 November 9, 2020; and the City published a public hearing notice in the Daily
Journal of Commerce for more than two successive weeks (with publish dates on November 16, 2020,
November 23,2020,and November 30,2020)prior to the December 7,2020 public hearing before Planning
Commission. City staff also posted the public hearing information on the City of Tigard website, and the
staff report was also posted on this website more than 15 days prior to the public hearing before Planning
Commission.
Chapter 18.720 Annexations
18.720.020 Approval Process
A. Quasi-judicial annexation applications are processed through a Type III-Modified procedure,
as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council
with a recommendation by Planning Commission.
RIETMAN ANNEXATION PAGE 2 OF 11
ZCA2020-00002
This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified
Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City
Council will make a decision on this application,with a recommendation from Planning Commission.
18.720.030 Approval Criteria
A. Approval criteria. The approval authority will 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 November 5, 2020, and notified the applicant on November 5, 2020 that
deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled
for December 7, 2020) and before City Council (scheduled for January 5, 2021). City staff posted public
hearing notices in four public places on November 16, 2020 (Tigard City Hall,Tigard Permit Center,Tigard
Public Works, and at the subject site); city staff mailed public hearing notices to all necessary parties, and
neighboring property owners within 500 feet of the subject site on November 9,2020;and the City published
a public hearing notice in the Daily Journal of Commerce for more than two successive weeks (with publish
dates on November 16,2020,November 23, 2020, and November 30,2020) prior to the December 7,2020
public hearing before Planning Commission. City staff also posted the public hearing information on the
City of Tigard website, and the staff report was also posted on this website more than 15 days prior to the
public hearing before Planning Commission.
3.09.045 Expedited Decisions
RIETMAN ANNEXATION PAGE 3 OF 11
ZCA2020-00002
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 area, 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,instead of Clean Water
Services. SW 133`d Avenue will be annexed into the City of Tigard to the centerline of the right-of-way.The
City of Tigard Police Department will provide public safety services, instead of the Washington County
Sheriff's Office. City of Tigard will continue to provide water services to the site,Tualatin Valley Fire and
Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site, and
Tigard-Tualatin School District (TTSD)will continue to be the assigned school district for 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 originally adopted in 1991, and updated in 2019, in compliance
with Statewide Planning Goals and Guidelines,and Oregon Administrative Rules Chapter 660,Division 11.
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;
RIETMAN ANNEXATION PAGE 4 OF 11
ZCA2020-00002
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 site, 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,instead of Clean Water Services. SW 133`d Avenue will be annexed into the City of Tigard
to the centerline of the right-of-way. The City of Tigard Police Department will provide public safety
services, instead of the Washington County Sheriff's Office. City of Tigard will continue to provide water
services to the site,TVF&R will continue to provide fire protection and emergency medical services to the
site, and TTSD will continue to be the assigned school district for the site.
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 posted on the City of Tigard website and made available to the public more than 15
days prior to the public hearing before Planning Commission.
1. The extent to which urban services are available to serve the affected territory, including
any extra territorial extensions of service;
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds
that all public facilities and services are available to the proposed annexation site,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
RIET IAN ANNEXATION PAGE 5 OF 11
ZCA2020-00002
The proposed annexation area will remain within Washington County, but will be withdrawn from
Washington County's Enhanced Sheriffs Patrol District and Urban Road Maintenance District upon
completion of this annexation request.The subject site will also be withdrawn from the Tigard Water 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 January 5,
2021. Council will make a decision on this application,with a recommendation from Planning Commission.
If Council adopts findings to approve Case No. ZCA2020-00002, the effective date of this annexation will
be upon the effective date of the approving ordinance, and 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.
(CDC 18.720.030 Continued)
A.2.The annexation is in the city's best interest.
As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help
promote the timely, orderly and economic provision of City of Tigard public facilities and services, and
eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed
annexation is in the City's best interest.
B. Assignment of comprehensive plan and zoning designations. The comprehensive plan
designation and the zoning designation placed on the property is the city's base zone that most
closely implements the city's or county's comprehensive plan map designation.The assignment
of these designations occurs automatically and concurrently with the annexation. In the case of
land that carries county designations,the city will 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. Within the Washington
Square Regional Center, the assignment of city comprehensive plan and zoning designations
will be as provided in the Washington Square Regional Center Phase II Implementation Plan,
dated June 29, 2001, Figure 4 Adopted Zoning Designations.
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.
RIETMAN ANNEXATION PAGE 6 OF 11
ZCA2020-00002
CDC TABLE 18.720.1
CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND
ZONING DESIGNATIONS
Washington County Land Use City of Tigard
Districts/Plan Designation City of Tigard Zoning Plan Designation
R-6 Res. 6 units per acre R-7 Medium-density residential
CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning
designations that are most similar and most closely implement Washington County's comprehensive plan
and zoning designations. As outlined in the table above,the assignment of city designations for the subject
property will be based on these conversions,and will occur automatically and concurrently with the proposed
annexation. Under Washington County designations, the subject site is R-6 (Residential, 6 units per acre).
Upon approval of this proposed annexation,the subject site 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 November
16,2020(Tigard City Hall,Tigard Permit Center,Tigard Public Works,and at the subject site);city staff mailed
public hearing notices to all necessary parties,and neighboring property owners within 500 feet of the subject
site on November 9,2020; and the City published a public hearing notice in the Daily Journal of Commerce
for more than two successive weeks (with publish dates on November 16, 2020, November 23, 2020, and
November 30, 2020) prior to the December 7,2020 public hearing before Planning Commission. City staff
also posted the public hearing information on the City of Tigard website,and the staff report was also posted
on this website 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 the findings below, staff finds 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 service at this time. However, city maps show there is an existing 12-inch stormwater main
located adjacent to the property,in SW 133rd Avenue. Accordingly, city stormwater facilities have adequate
capacity to serve the subject site.
Water— City of Tigard Public Works Department. The subject property is located in the Tigard Water
Service area, and is currently served by an existing eight-inch water main in SW 133rd Avenue.Accordingly,
city water facilities have adequate capacity to continue serving the subject property.
RIETMAN ANNEXATION PAGE 7 OF 11
ZCA2020-00002
Sewer— City of Tigard Public Works Department. The applicant proposes to annex the subject site in
order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal
11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City
wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main
and an existing sanitary lateral located at the front of the property,in SW 133"Avenue. City sewer facilities
have adequate capacity to serve the subject site.
Police—City of Tigard Police Department.The Washington County Sheriff's Office currently provides
police services to the subject properties. If this annexation request is approved, the site will be withdrawn
from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Depaitnient will provide public
safety services to the site.
Fire — Tualatin Valley Fire and Rescue. The subject properties are 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.
Parks — City of Tigard Public Works Department. The applicant proposes to annex one property,
totaling 0.75 acres in size,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 fronts on SW 133rd Avenue,which
will be annexed to into the City of Tigard to the centerline of the right-of-way. Accordingly, the subject
property will be withdrawn from the Washington County Urban Road Maintenance District. The subject
property is currently developed with an existing single detached house, and it is not anticipated that this
annexation will generate additional traffic, or negatively impact the City's existing transportation system.
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 service at this time. However, city maps show
there is an existing 12-inch stormwater main located adjacent to the property, in SW 133rd Avenue.
Accordingly, city stormwater facilities have adequate capacity to serve the subject site.
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 site in order to connect to City of Tigard sewer. This is
consistent with the policy outlined above. City of Tigard sewer infrastructure is available by an existing eight-
inch sanitary main and an existing sanitary lateral located at the front of the property,in SW 133rd Avenue.
City sewer facilities have adequate capacity to serve the subject site.
Goal 12: To provide and encourage a safe, convenient, and economic transportation system.
The subject property fronts on SW 133rd Avenue, which will be annexed to into the City of Tigard to the
centerline of the right-of-way. Accordingly, the subject property will be withdrawn from the Washington
County Urban Road Maintenance District. The subject property is currently developed with an existing
single detached house, and it is not anticipated that this annexation will generate additional traffic, or
negatively impact the City's existing transportation system.
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Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property
that most closely conforms to the existing Washington County zoning designation for that property.
The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections
18.720.030.B and 18.720.030.0 of this report.
Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed
urban level services to an area when approving annexation.
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds
that all urban level services are available to the proposed annexation area, 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 fords
that all City of Tigard public facilities and services are available to the proposed annexation area, and have
sufficient capacity to provide service.
B. Is consistent with applicable state statute.
As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met,consistent
with this policy.
Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed
annexations be included to:
A. Avoid creating unincorporated islands within the City;
B. Enable public services to be efficiently and effectively extended to the entire area; or
C. Implement a concept plan or sub-area master plan that has been approved by the Planning
Commission or City Council.
The subject property (14715 SW 133' Avenue; WCTM 2S109AC, Tax Lot 600) is bordered to the north
and west by the City of Tigard,and is bordered to the south and east by unincorporated Washington County.
Because the subject site is surrounded on two sides by the City of Tigard,this annexation will not create an
"island"of unincorporated land, and it is not necessary to include the adjacent properties in this annexation
request. This annexation will enable public services to be efficiently and effectively extended to the subject
property. There is no concept plan or sub-area master plan that has been approved by the Planning
Commission or City Council that is applicable to this property.
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
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ZCA2020-00002
to 222.915 to dispense with submitting the proposal for annexation to the electors of the city,
the legislative body of the city shall submit such proposal to the electors of the city. The
proposal for annexation may be voted upon at a general election or at a special election to
be held for that purpose.
222.120 Procedure for annexation without election;hearing; ordinance subject to referendum.
(1) Except when expressly required to do so by the city charter,the legislative body of a city is
not required to submit a proposal for annexation of territory to the electors of the city for
their approval or rejection.
(2) When the legislative body of the city elects to dispense with submitting the question of the
proposed annexation to the electors of the city,the legislative body of the city shall fix a day
for a public hearing before the legislative body at which time the electors of the city may
appear and be heard on the question of annexation.
(3) The city legislative body shall cause notice of the hearing to be published once each week
for two successive weeks prior to the day of hearing, in a newspaper of general circulation
in the city, and shall cause notices of the hearing to be posted in four public places in the
city for a like period.
The owners of the subject property(14715 SW 133`d Avenue;WCTM 2S109AC,Tax Lot 600) submitted an
annexation petition to the City on October 28, 2020. 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
(scheduled for December 7,2020) and before City Council (scheduled for January 5,2021). City staff posted
public hearing notices in four public places on November 16,2020 (Tigard City Hall,Tigard Permit Center,
Tigard Public Works,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 November 9, 2020; and the City
published a public hearing notice in the Daily Journal of Commerce for more than two successive weeks
(with publish dates on November 16, 2020, November 23, 2020, and November 30, 2020) prior to the
December 7, 2020 public hearing before Planning Commission. City staff also posted the public hearing
information on the City of Tigard website, and the staff report was also posted on this website more than
15 days prior to the public hearing before Planning Commission.
SECTION V. OTHER STAFF AND AGENCY COMMENTS
Pride Disposal was sent a copy of the applicant's proposal, and had no objections to the proposed
annexation.
Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections to
the proposed annexation.
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 November 9,2020.As of December 15,2020,no public comments were received.
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ZCA2020-00002
Attachments:
Attachment 1: Zoning Map
SECTION VII. CONCLUSION
The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and
18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2,
Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission
recommends approval of this annexation to City Council.
December 15, 2020
PREPARED BY: Lina Smith
Assistant Planner
�� 2 t'/ '4:1(kolte December 15 2020
APPROVED BY: Tom McGuire
Assistant Community Development Director
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