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04/05/2021 - PacketPLANNING COMMISSION AGENDA – April 5, 2021 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 City of Tigard Tigard Planning Commission Agenda MEETING DATE: April 5, 2021 - 7:00 p.m. MEETING LOCATION: Members Remote via Microsoft Teams Link to virtual hearing online: https://www.tigard- or.gov/city_hall/public_hearing_feed.php Call-in number for public testimony: 503-966-4101 Public testimony call-in time is between 7:00 p.m. and 7:15 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:04 p.m. 5. PUBLIC HEARING 7:05 p.m. FROUDE ANNEXATION ZCA2021-00002 Staff: Assistant Planner Lina Smith REQUEST: The applicant requests to annex the two (2) properties listed below into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road – (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) 6. BRIEFING 7:20 p.m. 1A – Washington Square Regional Center Staff: Sr. Planner Susan Shanks 1B – Legislative Project to Amend WSRC Subdistrict Boundary Staff: Sr. Planner Susan Shanks/Assistant Planner Lina Smith 7. OTHER BUSINESS 8:05 p.m. 8. ADJOURNMENT 8:15 p.m. April 5, 2021 Page 1 of 6 CITY OF TIGARD PLANNING COMMISSION Minutes, April 5, 2021 Location: Members Remote via Microsoft Teams Link to virtual hearing online: https://boxcast.tv/channel/pyjnvrar8xo1rw6bwbss Call-in number for public testimony: 503-966-4101 Public testimony call-in time was between 7:00 and 7:15 p.m. CALL TO ORDER President Hu called the meeting to order at 7:00 p.m. ROLL CALL Present: President Hu Vice President Jackson Commissioner Brook Alt. Commissioner Miranda Commissioner Quinones Commissioner Roberts Commissioner Schuck Commissioner Watson Absent: Alt. Commissioner Dick Commissioner (K7) Tiruvallur Commissioner Whitehurst Staff Present: Tom McGuire, Assistant Community Development Director; Doreen Laughlin, Executive Assistant ; Lina Smith, Assistant Planner; Susan Shanks, Senior Planner Council Representation: Councilor Jeanette Shaw COMMUNICATIONS MINUTES President Hu asked if there were any additions, deletions, or corrections to the March 15, 2021 minutes; there being none, President Hu declared the minutes approved as submitted. PUBLIC HEARING 7:05 p.m. FROUDE ANNEXATION - QUASI-JUDICIAL ANNEXATION ZCA2021-00002 April 5, 2021 Page 2 of 6 The applicant requests to annex the two (2) properties listed below into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) HEARING STATEMENTS President Hu read the required statements and procedural items from the hearing guide. There were no abstentions; Commissioner Schuck said he wanted to disclose up front that he knows Kelly Ritz of Venture properties. He said he has no personal connection to the company or to the application today, but that he wanted to disclose that. President Hu thanked him and asked if there were any challenges of the commissioners for bias or conflict of interest : None. Ex-parte contacts: None. Site visitations: Commissioners Jackson and Roberts had visited the site. STAFF REPORT Assistant Planner Lina Smith introduced herself. She pulled up a PowerPoint Presentation (Exhibit A) and shared the following information regarding the annexation: • The proposal is to annex 2 properties located south of Bull Mountain Road and north of Beef Bend Road into the City of Tigard • The applicant is not proposing any new development on the subject properties at this time. • If the annexation is approved, the subject properties will automatically be assigned to the Tigard R-7 Zone, or Medium-Density Residential. • City staff, including the Engineering and Public Works Departments, reviewed the applicant’s proposal and determined there are adequate public facilities and services available to the subject properties. • As detailed in the staff report submitted to the Planning Commission, the proposed annexation meets all applicable approval criteria in the Tigard Community Development Code, the Tigard Comprehensive Plan, Metro Code, and State Statutes. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2021- 00002) meets the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and18.720, 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, Policies1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2021-00002 to City Council. Lina noted she would be happy to answer any questions and that the applicant is present should they have any questions for them. April 5, 2021 Page 3 of 6 QUESTIONS “I’m curious, what determines which city an annexed property goes to when the property is also bordered by another city?” All the cities have urban service area agreements that are written up between cities and we essentially draw lines on maps for areas t hat we would annex; they’re known to be areas that would eventually need urban services. Also, in this case, they would be connecting to Tigard services – specifically sewer and stormwater, and that requires them to annex into Tigard. APP LICANT PRESENTATION Mimi Doukas of AKS Engineering was present on behalf of Venture Properties. She noted that they did not have a formal presentation as the annexation is straightforward in terms of criteria. She believes staff has done well with the general overview. S he added, “The criteria is generally that you need to be adjacent to the city, that you need urban serviceability, and you need a willing applicant – all of which we have.” She noted that Venture Properties has a long history of working with Tigard and the y’re excited to move forward with the project. She said she and others were there to answer any questions the commissioners may have. QUESTIONS FOR APPLICANT There were no questions. PUBLIC TESTIMONY - President Hu asked if there was anyone on the line waiting to testify . IT informed him that there were no callers waiting to testify. Assistant Community Development Director, Tom McGuire noted that some of the n eighbors had indicated they might call in, and because of that he asked that the lines remain open until a few minutes after the stated timeframe. The agenda had stated that the lines would be open from 7:00 – 7:15 PM and it was a few minutes from 7:15, so they waited for any callers until approximately 7:20 PM; there were none. PUBLIC TESTIMONY – None. PUBLIC HEARING CLOSED DELIBERATION There was a short deliberation with the commissioners generally noting that this was a rather straightforward item. The consensus was that they would recommend approval. President Hu asked if anyone would like to make a motion. April 5, 2021 Page 4 of 6 MOTION Commissioner Roberts made the following motion: “I move that the Planning Commission forward a recommendation of approval to City Council for application ZCA2021-00002 and adoption of the findings and conditions of approval contained in the staff report.” The motion was seconded by Commissioner Jackson VOTE / RESULT A vote was taken with 7 voting Yea – 0 Nay RESULT MOTION TO RECOMMEND APPROVAL PASSES UNANIMOUSLY, 7-0 President Hu noted that City Council will hear this annexation case on May 11. BRIEFINGS 1A – Washington Square Regional Center Staff: Sr. Planner Susan Shanks Senior Planner Susan Shanks noted that this would be her fourth update briefing to the Planning Commission on this project. She shared a PowerPoint presentation (Exhibit B). She went through the community engagement portion of the project explaining that there is an interactive, online open house through the entire month of April. They are offering $50 gift cards as an incentive for participation and to compensate people for their time. She noted that the information they are sharing is rather “meaty” so they want to make it worth people’s while that they might be able to win one of four $50 gift cards if they participate. The website where the open house is taking place is : www.engage.tigard-or.gov/thesquare. She noted that at that URL through April you can see a quick synopsis of the area that’s being talking about and you can join the virtual interactive open house. She said part of the community engagement is asking people to help update the 20-year-old vision for the Tigard Regional Center subareas located in Tigard, Beaverton and unincorporated Washington County. They want to know what people think about the proposed recommendations in Tigard’s planning area. She noted that some of the planning areas are in Unincorporated Washington County because as properties choose to annex to the city when they become adjacent to the city boundary, they become part of the City of Tigard – so they’re included in the long-range planning efforts. She went through and talked about the major subareas. She said they have some very specific questions regarding the different areas. They also have questions about priorities such as , “Where do people want to see Tigard focus energy to improve pedestrian and bicycle facilities in a particular area?” She noted the proposal is to maintain the original vision for the Washington Square Mall; right -size the original vision for all other areas; refine the original transportation vision; and focus on near -term, financially achievable outcomes. She went over the next steps . She will be coming back before the Commission and City Council with another legislative project to adopt the recommendations. There will eventually be a April 5, 2021 Page 5 of 6 Transportation System Plan (TSP) update presentation by Sr. Transportation Planner Dave Roth who will be bringing it as a Legislative project for the Planning Commission’s recommendation to City Council. She said that what we learn from the Open House and what we’ve learned through the Washington Square project will be reflected in the TSP update. Then Susan will likely be bringing code amendments to the commission to specifically change things in the Planned District Chapter that regulates development in Washington Square Mall. They will reflect the kinds of things that were mentioned earlier, things such as medium density housing, and lowering the height from say 200 feet down to something that’s more reasonable. She said we’ll also be looking at the funding strategies and noted that she’s been working with Economic Development Manager Lloyd Purdy on some funding strategy ideas; she’s also working with Finance Director Toby LaFrance. They will be talking about some affordable housing strategies and economic development incentives. She noted that the Planning Commission will see some things come across to them as a commission, and other things will go straight to the City Council. Susan concluded her presentation and said that she hoped people would attend the virtual Open House (www.engage.tigard-or.gov/thesquare) that’s live online through April 30, 2021. 1B – Legislative Project to Amend WSRC Subdistrict Boundary Staff: Sr. Planner Susan Shanks/Assistant Planner Lina Smith Associate Planner Lina Smith introduced herself. She pulled up a map to illustrate her talk about amending the WSRC subdistrict boundary. She noted the Washington Square Regional Center Plan District includes a Subdistrict that allows Motor Vehicle Sales/Rental on specific properties As seen on the map (Exhibit C), she said the subdistrict is currently located on the Washington Square Mall properties. City staff will propose to reduce the overall size of this Subdistrict by about 80 acres, resulting in Motor Vehicle Sales/Rental being allowed on one (1) property east of Highway 217 on Greenburg Road, and five (5) properties west of Highway 217 on Cascade Avenue. Some background on why the change is being proposed: • Market analysis and community outreach from the Washington Square long-range planning project has shown that the proposed areas are appropriate for motor vehicle sales. • The idea is to limit new car dealerships to areas without potential for pedestrian -oriented development. • Substantially reduce the area that allows car dealerships; shrinking the Subdistrict by about 80 acres. • This would prevent more dealerships from locating on the mall property but allow car dealerships near Highway 217 where there is no potential for pedestrian -oriented development. • Car dealerships are not a neighborhood-serving business and not welcomed by all residents. However, they have a regional customer base and are appropriately located in a regional center; employ many more people than other retail sales businesses; and provide skilled and unskilled local jobs at a range of salaries. April 5, 2021 Page 6 of 6 • The proposed car dealership locations would preserve the mall property for pedestrian- oriented development and restrict new car dealerships to locations further away from residential areas. She noted that city staff will formally present this proposal to Planning Commission next month on May 3 and will provide more details at that time. OTHER BUSINESS Assistant Community Development Director Tom McGuire reminded the commissioners that recently they’d been supplied with a link to the videotaped Land Use Law training that City Attorney Shelby Rihala had provided a few weeks earlier. He told the commissioners that if they’re interested in other types of training such as that, to feel free to email him with any ideas they may have. He concluded, “The Planning Commission schedule will be seeing additional land use cases coming up in the next couple of months and even a little bit into the summer. There will also be several major legislative projects coming your way as well. It looks like we’re getting back to a busy Planning Commission schedule. Doreen will send the updated rolling calendar as hearings and briefings are added.” ADJOURNMENT President Hu adjourned the meeting at 8:15 p.m. _______________________________________ Doreen Laughlin, Planning Commission Secretary __________________________________ ATTEST: President Yi-Kang Hu CITY OF TIGARD Respect and Care | Do the Right Thing | Get it Done Froude Annexation ZCA2021-00002 April 5, 2021Presented to Tigard Planning Commission EXHIBIT A CITY OF TIGARD Planning Commission Meeting Project Briefing #4 April 5, 2021 EXHIBIT B Community Engagement Community Engagement •Regional Center –Proposed Vision •Subarea 1 –Mall •Subarea 2 –Metzger •Subarea 3 –Nimbus/Cascade •Regional Center –Ped/Bike Connections Community Engagement Community Engagement •6,500 residents •1,000 businesses •English/Spanish •SWG/focus groups •Interested Parties •Social Media Proposal Proposal Proposal Proposal •Maintain the original vision for the Washington Square Mall •Right-size the original vision for all other areas •Refine the original transportation vision •Focus on near-term, financially achievable outcomes Next Steps Lots of community feedback! Next Steps Online Open House April 1 -30 Next Steps Next Steps Implementation •TSP Coordination (PC) •Code Amendments (PC) •Funding Strategies •Affordable Housing Strategies •Economic Development Incentives Thank you. Questions? 217 GREENBURG RDHALL BLVDSCHOLLS FERRY RD Existing Subdistrict (97.45 acres) Proposed Subdistrict (17.73 acres) Tigard City Boundary EXHIBIT C FROUDE ANNEXATION PAGE 1 OF 12 ZCA2021-00002 Hearing Date: April 5, 2021 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: FROUDE ANNEXATION__________________________________________ CASE NO: Annexation (ZCA) ZCA2021-00002 APPLICANTS: Venture Properties, Inc. Attn: Kelly Ritz 4230 SW Galewood Street Lake Oswego, OR 97035 AKS Engineering & Forestry, LLC Attn: Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 OWNERS: Beverly Froude Survivors Trust and Carl J. Froude Credit Shelter Trust 12200 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: The applicant requests to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard. No new development is proposed on the subject properties at this time. LOCATION: 12200 SW Bull Mountain Road WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800 COUNTY ZONE: R-6: Residential 6 units per acre CITY ZONE: R-7: Medium-Density Residential APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in 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 (ORS) Chapter 222. FROUDE ANNEXATION PAGE 2 OF 12 ZCA2021-00002 SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2021-00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2021-00002 to City Council. SECTION III. BACKGROUND INFORMATION The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road, west of SW Pacific Highway (Highway 99W). The properties are also located directly north of the City of Tigard’s boundary with King City. Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R -6 (Residential 6 units per acre), and upon approval of this proposed annexation, the properties will be zoned R-7 (Medium-Density Residential), under City of Tigard designations. The applicant is not proposing any new development on the subject properties at this time. 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 April 5, 2021), and one before City Council (scheduled for May 11, 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 March 15, 2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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. FROUDE ANNEXATION PAGE 3 OF 12 ZCA2021-00002 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. 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 February 25, 2021, and notified the applicant on February 25, 2021 that deliberations on this proposed boundary change were scheduled before Planning Commission (scheduled for April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, FROUDE ANNEXATION PAGE 4 OF 12 ZCA2021-00002 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 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, Washin gton 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 an nexation 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 Beef Bend Road 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. FROUDE ANNEXATION PAGE 5 OF 12 ZCA2021-00002 As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation 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 Beef Bend Road 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 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 FROUDE ANNEXATION PAGE 6 OF 12 ZCA2021-00002 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 The proposed annexation area will remain within Washington County, but will be withdrawn from Washington County’s Enhanced Sheriff’s 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 May 11, 2021. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2021-00002, 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 t o 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 FROUDE ANNEXATION PAGE 7 OF 12 ZCA2021-00002 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. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use Districts/Plan Designation City of Tigard Zoning City of Tigard 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 March 15, 2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have FROUDE ANNEXATION PAGE 8 OF 12 ZCA2021-00002 adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant’s proposal and had no objections. Water – City of Tigard Public Works Department. The two subject properties are located within the Tigard Water Service area, and the existing single detached house on Tax Lot 1300 is currently served by a 12-inch water main in SW Bull Mountain Road. Accordingly, city water facilities have adequate capacity to continue serving the subject site. Additionally, the City of Tigard Public Works Department reviewed the applicant’s proposal and had no objections. Sewer – City of Tigard Public Works Department. The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant’s proposal and had no objections. 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 Department 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 two properties, totaling 11.26 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 portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard’s jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City’s existing transportation system. Furthermore, 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 service at this time. However, city stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City stormwater facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant’s proposal and had no object ions. Upon completion of the annexation the properties will be within the City limits. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. FROUDE ANNEXATION PAGE 9 OF 12 ZCA2021-00002 The applicant is not requesting City of Tigard sanitary sewer service at this time. However, city sewer infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site. City sewer facilities have adequate capacity to serve the subject site. Additionally, the City of Tigard Engineering Division reviewed the applicant’s proposal and had no objections. Upon completion of the annexation the properties will be within the City limits. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The portion of SW Bull Mountain Road that is adjacent to Tax Lot 1300 is under the City of Tigard’s jurisdiction. Tax Lot 1800 fronts on SW Beef Bend Road, which will be annexed to into the City of Tigard to the centerline of the right-of-way. Upon approval of this annexation, both properties will be withdrawn from the Washington County Urban Road Maintenance District. Tax Lot 1300 contains an existing single detached house and Tax Lot 1800 is vacant and undeveloped; accordingly, it is not anticipated that this annexation will generate additional traffic, or negatively impact the City’s existing transportation system. Furthermore, 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 properties is addressed under CDC Sections 18.720.030.B and 18.720.030.C 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 finds 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. Tax Lot 1300 is bordered to the north, east, and west by the City of Tigard, and Tax Lot 1800 is bor dered FROUDE ANNEXATION PAGE 10 OF 12 ZCA2021-00002 to the east by the City of Tigard. The properties located directly west of Tax Lot 1800 are part of unincorporated Washington County. Upon approval of this annexation, the properties located directly west of Tax Lot 1800 will be surrounded on three sides by the City of Tigard (to the north, east, and west). However, this annexation will not create an “island” of unincorporated land, and it is not necessary to include the adjacent properties in the current annexation request. This annexation will enable public services to be efficiently and effectively extended to the subject properties. 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 these properties. OREGON REVISED STATUTES ORS Chapter 222 — City Boundary Changes; Mergers; Consolidations; Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and, except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election; hearing; ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city, the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The owner of the subject properties submitted an annexation application to the City on February 22, 2021. 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 April 5, 2021) and before City Council (scheduled for May 11, 2021). City staff posted public hearing notices in four public places on March 15, 2021 (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 March 1, 2021; and the City published a public hearing notice in The Tigard Times for more than two successive weeks (with publish dates on March FROUDE ANNEXATION PAGE 11 OF 12 ZCA2021-00002 18, 2021, March 25, 2021, and April 1, 2021) prior to the April 5, 2021 public hearing before the 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 The City of Tigard Engineering Division was sent a copy of the applicant’s proposal, and had no objections to the proposed annexation. The City of Tigard Police Department was sent a copy of the applicant’s proposal, and had no objections to the proposed annexation. The City of Tigard Public Works Department was sent a copy of the applicant’s proposal, and had no objections to the proposed annexation. 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 March 1, 2021. On March 9, 2021, an e-mail was received from neighboring property owners James and Sally Angaran, with questions about zoning and density; city staff responded to the inquiry the same day. On March 22, 2021, an e-mail was received from neighboring property owner Cindy Moon, with questions about future development on the subject properties and allowable housing types in the R-7 Zone; city staff responded to the inquiry the same day. No other public comments have been received as of March 26, 2021. Attachments: Attachment 1: Zoning Map FROUDE ANNEXATION PAGE 12 OF 12 ZCA2021-00002 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, staff recommends that the Planning Commission recommend approval of this annexation to City Council. March 11, 2021 PREPARED BY: Lina Smith Assistant Planner March 11, 2021 APPROVED BY: Tom McGuire Assistant Community Development Director Scale: 0.07 Miles COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 www.tigard-or.gov City of Tigard, Oregon Zoning Map Generalized Zoning Categories 02/26/2021 Data is derived from multiple sources. The City of Tigard makes no warranty, representation, or guarantee as to the content, accuracy, timeliness or completeness of any of the data provided herein. The City of Tigard shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused. Map Created: Subject Site Zoning Classifications R-1 Residential Low-Density R-2 Residential Low-Density R-3.5 Residential Low-Density R-4.5 Residential Low-Density R-7 Residential Medium-Density R-12 Residential Medium-Density R-25 Residential Medium-High-Density R-40 Residential High-Density MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 MU-CBD Mixed Use Central Bus Dist C-C Community Commercial C-G General Commercial C-N Neighborhood Commercial C-P Professional Commercial MUC Mixed Use Commercial MUC-1 Mixed Use Commercial 1 MUE Mixed Use Employment MUE-1 Mixed Use Employment 1 MUE-2 Mixed Use Employment 2 I-L Light Industrial I-P Industrial Park I-H Heavy Industrial PR Parks and Recreation WA-Cnty Washington County