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
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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
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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.
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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
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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
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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
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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