Ordinance No. 07-13 CITY OF TIGAItD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2007- /3
AN ORDINANCE ANNEXING� 1.74 ACRES, APPROVING THE GOODLETT
A*- '
ANNEXATION (ZCft-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD
WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT
AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
territory proposed to be annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently he within the boundary of the Tigard Water District, Washington County Enhanced
Sheriffs Patrol District and Washington County Urban Roads Maintenance Dista�ct upon completion
of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on June 12, 2007, to consider the
annexation of one (1) parcel (Washington County Tax Map 2S11013C, Tat Lot 1201) of land located
along SW Bull Mountain Road, including right-of-way on SW Bull Mountain Road, and widzdrawal of
said property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District
and Washington County Urban Roads Maintenance District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt
obligations, however, in this instance the Tigard Water District has no debt for the City to assuine,
therefore, no option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public heating on the issue of the annexation into the City and -withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District on June 12, 2007; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties
from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and
Washington County Urban Roads Maintenance District; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning most closely conforming to the County zoning; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance tivith the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIG'sRD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcel described in the attached Exhibit
"A" and shown in Exhibit "B" and withdraws said parcel from die Tigard Water
District,Washington County Enhanced Sheriffs Patrol District and Washington County
Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in
support of this decision; a copy of the staff report is attached hereto as Exhibit"D" and
incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including certified copies of the Ordinance w-idh Metro for administrative processing,
filing with state and county agencies as required by lav, and providing notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), d-ie effective date of the withdrawal of the property from
Washington County Enhanced Sheriff's Patrol District and Washington County Urban
Roads Maintenance District shall be the effective date of this annexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of d-ie withdrawal of this property from the
Tigard Water District shall be July 1, 2008.
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By 0J1Odl i muuS vote of all Council members present after being read by number
and title only, this i a � day of e1 , 2007.
Gi:�.G �Q�ticYl-Q VV ��-
Cathy Wheatley, City Recorder
{-Gf
APPROVED:By Tigard City Council this I a day of ' 2007.
Craig Dirksen, Mayor
Approved as to form:
Ci Attorney Date
EXHIBIT A
HARRIS - McMONAGLE ASSOCIATES INC.
ENGINEERS - SURVEYORS
12555 SW HALL BLVD.
TIGARD OREGON, 97223
TEL. (503) 639-3453 FAX. (503) 639-1232
LEGAL DESCRIPTION
FOR
ANNEXATION TO THE CITY OF TIGARD
COMPRISED OF TAX LOT 1201 TAX MAP 2S-1-10 BC
January 5, 2007
THE FOLLOWING DESCRIBED TRACT OF LAND BEING COMPRISED OF THAT LAND
DESCRIBED IN DEED DOCUMENT NO. 96-108714 AND, BEING SITUATED IN THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 27SOUTH, RANGE 1-WEST OF THE
WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON.
BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF THE DULY RECORDED PLAT OF
THORNWOOD; THENCE ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF
SAID LOT 9,N 00°18'25" E 33.07 FEET TO THE CENTERLINE OF SW BULL MOUNTAIN
ROAD (C.R. A-147-1/2); THENCE ALONG CENTERLINE N 86°38'31"E 219.36 FEET TO AN
INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF THAT LAND
AS DESCRIBED IN DEED DOCUMENT NO. 94-112586; THENCE ALONG LAST SAID
EXTENSION AND THE EAST LINE OF DEED DOCUMENT NO. 94-112586, S 00°29'28"W
370.71 FEET TO THE NORTHEAST CORNER OF LOT 25, THORNWOOD; THENCE ALONG
THE NORTH LINE OF LOTS 25, 24, AND 23, THORNWOOD N 89°41'35"W 141.17 FEET;
THENCE ALONG THE NORTHEASTERLY LINE OF LOTS 23 AND 22, THORNWOOD
N 50053'55"W 76.59 FEET; THENCE ALONG THE EAST LINE OF LOTS 21, 10, 9 AND THE
EAST END OF SW WINTERVIEW DRIVE THORNWOOD, THE FOLLOWING THREE
COURSES AND DISTANCES,N 02°30'56" W 55.00 FEET,N 09°22'04" W 84.19 FEET,
N 00°18'25"E 137.70 FEET TO THE POINT OF BEGINNING.
CONTAINING: 1.74 ACRES INCLUDING THE SOUTH 20 FEET OF SW BULL MOUNTAIN
ROAD.
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION IS THE EAST LINE OF LOT 9 OF
THE DULY RECORDED PLAT OF THORNWOOD.
ANNEXATION CERTIFIED REGISTERED -
OFESSIONAL
BY _ D SURVEYOR F
MAR 1 9 2007
OR
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ANNEXATION EXHIBIT
TAX MAP 2S 1 10 BC TAX LOT 1201
12300 SW BULL MOUNTAIN ROAD
1.64 ACRES TO SOUTH RIGHT OF WAY
OF SW BULL MOUNTAIN ROAD
DATE: JANUARY 15, 2007
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A TIGARD
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TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
We, the undersigned owner(s) of the propertyy described below and/or-elector(s ) residingg at the referenced location(s), hereby petition for, and
�ive consent to, Annexation of said property Tto the City.of Tigard. We understand that the City will review this request in accordance with
RS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation.
LEGEND:
PO-Property Owner
RV-Registered Voter PAGE_OF
OV-Pro erty Owner&Registered Voter
I AM A PROPERTY DESCRIPTION
,,SIG TRE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE
Section Number Number I Number
1 iitt' 2—
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BY
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iacurpIn"asterslrevise6anxpetn.mst 45-Aug-02 A
EXHIBIT D
Agenda Item:
Hearing Date: Tune 12,2007 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON
120 DAYS N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: GOODLETT ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2007-00002
APPLICANT/ APPLICANT'S
OWNER: Goodlett Marshall Building and REP: I Innis-McMonagle Associates
Development Company Attn: Steve Bloomquist
Mtn: Mile Goodlett 12555 SW Hall Blvd.
PO Box 91551 Tigard, OR 97223
Portland, OR 97291
PROPOSAL: The applicant requests approval of annexation of one parcel (1.64 acres) and right-
of-way on SW Bull Mountain Road containing a total of 1.74 acres to the City of
Tigard. Property owner Goodlett Marsha Il Building and Development (NUie
Goodlett) requests annexation of one parcel,with plans to divide it into 10 lots. One
adjacent property was invited to join the annexation, but did not accept the
invitation. The sole owner of the subject parcel has consented to the annexation.
Note: All right-of-way on the portion of SW Bull Mountain Road adjacent to the
subject property is already within City limits. While annexing the right-of-way is not
necessary and the applicant has provided a legal description and tnap that
overdescribes the proposed annexation area, Washington County has indicated that
an overdescription is acceptable.
LOCATION: 12300 SW Bull Mountain Road (South side of SW Bull Mountain Road, adjacent to
east side of the 11hoinwood subdivision, east of SW 125th Avenue); WCTIVI
2S11OBC,Tal Lot 1201.
CURRENT
ZONE: R-6 District (Residential 6 units Per Acre). The purpose of the Washington County
R-6 District is to implement the policies of the Comprehensive Plan for areas
designated for residential development at no more than six (6) units per acre and no
less than five (5) w-iits per acre, except as specified by Section 300-2 or Section 303-6.
The intent of the R-6 District is to provide the opportunity for more flexibility in
development than is allowed in the R-5 District. The average lot area for single
family detached dwellings tvitlnin a proposed development shall�be no less than 4,500
square feet and die tnini-mum lot area shall be 4,000 square feet. The minunutn lot
area for single family attached units shall be 3,500 square feet.
EQUIVALENT
CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is
designed to accommodate attached single-family homes, detached single-family
homes widi or without accessory residential units, at a tntnitnum lot size of 5,000
square feet, and duplexes, at a nununum lot size of 10,000 square feet. Mobile home
parks and subdivisions are also permitted outright. Some civic and institutional uses
GOODLLTT ANN=-MON
ZC A2007-00002 P_3GL 1 OF 10
are also perriitted conditionally. Note: In a subdivision, lot size may be averaged to
allow lots less than the minim un lot size allowed in die underlying zoning district as
long as the average lot area for all lots is not less than allowed by die underlying
zoning district. No lot created under this provision shall be less than 80% of'
minimum lot size allowed in the underlying zoning district.
APPLICABLE
REVIEW
CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10,
Community Development Code Chapters 18.320 and 18.390.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (ZCA2007-00002) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive
Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. Therefore, staff
recommends APPROVAL of ZCA2007-00002 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
The 1.64-acre subject property is located on die soudi side of SW Bull Mountain Road, adjacent to die east
side of die Thomwood subdivision near 128th Avenue. The property is mostly flat, sloping up about 8%
before it flattens and then sloping down about 9%. There are no Significant Habitat Areas on the subject
property per die City's adopted map. The existing house was built in 1952.
Goodlett Marshall Building and Development Company purchased d1e property in �anuary 2007. Mike
Goodlett, owner of dle company, initiated die annexation request. There are no registered voters on die
property. The City invited the owner of the one adjoining property to join the annexation, but did not
receive a response.
The applicant requests approval of annexation of one parcel (1.64 acres) and right-of-way on SW Bull
Mountain Road containing a total of 1.74 acres to d-ie City of Tigard. Staff found all right-of-way on die
portion of SW Bull Mountain Road adjacent to the subject property to be already within City= limits. While
annexing the rigght-of-way is not necessary and dle appplicant has Prov-ided a legal description and map dlat
overdescribes the proposed annexation area, Washington County has indicated an overdescription is
acceptable.
The owner plans to divide the parcel alto 10 lots for single-family homes. If die aimexation is approved, the
owner would be required to apply for land use approval of the proposed subdivision. The subdivision would
be required to extend the existing street connection (SW Winterznew Drive) uh the neighboring Thornwood
subdivision to the west.
SECTION IV APPLICABLE REVIEW CRITERIA FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City: Comprehensive Plan Policies 2 and 10, Conirnunity Development Code Chapters 18.320 and 18.390.
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18�
GOODLETT NINE'1TION
ZCA2007-00002 PAGE 2 OF 10
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
1. Chapter 18.320.020: Approval Process and Standards.
B.Approval Criteria.The decision to approve, approve with modification, or deny an application to annex
property to the City shall be based on the following criteria:
1.All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as
water, sewer, drainage, streets, police, and fire protection. Each service is addressed below.
Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available,"
to sere the parcel "if developed to the most intense use allowed," and "will not significants
reduce the level of services available to developed and undeveloped land in the City, of Tigard."
Water – City of Tigard. Tigard Water District currently serves the subject property. Upon
annexation, City of Tigard will be die provider. The applicant has submitted a letter dated
November 29, 2006, from Rob Murchison, Engineer in the Public Works Department, indicating
that the City of Tigard is able to provide the rn=num State of Oregon service requirements for
die subjectproperty if it were developed to the maximum density (10 lots). Water is available in
quantity and quahty for domestic use as determined by the Oregon Healti Division, Department
of Human Resources. Currently the site is served by a 12-inch water lune located in SW Bull
Mountain Road and an 8-112ch water line located in SW Winterview Drive.
Sewer– Clean Water Services/City of Tigard. Upon annexation, tie City of Tigard will be the
provider of sewer service. According to pre-application notes prepared by Kin McMillan, City of
Tigard En iineering Manager, die proposed territory would have access to an 8-inch sanitary sewer
lune m SW Winte view Drive and SW Thornwood Drive. If the subject property develops, the
development must connect to public sanitary sewer. It will be the developer's responsibility to
extend the public sewer to serve the development and adjacent unserved properties.
Drainage -- Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be
the provider of storm drainage. The proposed territory has access to a City storm line in SW
Winterview Drive and SW Thornwood Drive. If the subject propertydevelops, it will be required
to connect to the public drainage system. According to pre-application notes prepared by Kin
McMillan, City of Tigard Engineering Manager, on-site detention would also be required.
Streets — City of Tigard Capital Construction & Transportation Division. The subject
ppropers located on SW Bull Mountain Road in an area where there is an existing street pattern.
Tlhornliod subdivision to the west contains a Cit�v street connection to which the subject property
may connect if it develops. The developer would be required to construct street improvements
on SW Bull Mountain Road and any streets within the subdivision.
Police – City of Tigard Police Department. The City of Tigard Police Department reviewed
the proposal and has no objections to it.
Fire – Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Vallejjo
Fire and Rescue's (IVF&R's) service area. TVF&R currently serves the subject property and
continue to serve it after it is annexed.
Based upon this review, staff finds that all public services as defiled by the Comprehensive Plan
are available to the proposed annexation territory and all public services have sufficient capacity to
provide service to the proposed annexation territory.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been
satisfied.
GOODLET—f ANINML-MON
ZCA2007-00002 PAGE 3 OF 10
Three Comprehensive Plan policies apply to the proposed annexation: 2.1.1, 10.1.1., and 10.1.2.
Staff has deterrrrined that die proposal has satisfied the applicable Comprehensive Plan policies
based on the following fundings:
Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be involved in all phases
of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type
N Iand-use applications. The Citi- posted, mailed and published notice of the public healing as
follows. The i posted the hearing notice at four public places on April 17, 200 : Tigard Library,
Tigard City- Hal
, Tigard Permit Center, and in the vicinity of die proposed territory on SW Bull
Mountain Road. The City published notice of the hearing in The Tigard Tualatin Shen'vood Times for
two successive weeks (May 31, 2007 and June 7, 2007) prior to the June 12, 2007, public hearing.
The City also mailed notice to all interested parties and surrounding property- owners within 500
feet on May 24, 2007). In addition, the City maintains a list of interested parties organized by
geography. Notice was mailed to interested parties un die West area on May 23, 2007, uicluding
former members of Citizen Involvement Team West. Staff finds that this pohcv is met.
Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard,
a) the City shall review each of the following services as to adequate capacity, or such services to
be made available, to serve the parcel if developed to the most intense use allowed, and will not
significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard: 1.Water;2. Sewer;3. Drainage; 4. Streets; 5. Police; and G. Fire Protection.
As addressed under 18.320.020 above, adequate service is available to the proposed annexation
territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential
zone,with a minimum lot size of 5,000 square feet. The most intense use of the proposed territory
is estimated to be 11 residential lots. However, the applicant proposes 10 lots based on a
preliminary design.
If the subject property develops, it will be required to connect to public service facilities, such as
sewer, storm drainage and water, and provide the necessary street improvements. Based on
findings by the applicant and City staff, there is adequate capacity to serve the annexation area
(water, sewer, drama e, streets, police, fire protection) if developed to the most intense use
permitted, and it will not significandy reduce the level of services available to developed and
undeveloped land'vidiin the City of Tigard.
Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer,
in
draage. streets, police, fire protection) if developed to the most intense use peiinitted, and will
not sigriificandv reduce the level of services available to developed and undeveloped land within
the Cin, of Tigaird.
b) If required by an adopted capital improvements program ordinance, the applicant shaII sign and
record with Washington County a nonremonstrance agreement regarding the following: 1. The
formation of a local improvement district (L.I.D.) for any of the following services that could be
provided through such a district. The extension or improvement of the following: a) Water, b)
Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above
services or the inclusion of the property into a special service district for any of the above services.
This criterion does not apply. No capital improvements program requires a nonremonstrance
agreement for this area. Some urban services are already available for the proposed annexation
teri-itoiy; others are available nearby and would require connections from the proposed annexation
area. However, these public facility requirements may be assigned as part of any development
review when an application is subiTitted.
Using formula for density-calculation in Chapter 18.715 of the Development Code.
GOODLETT:1L NEIITION
ZCA2007-00002 PAGE 4 Or 10
c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within
the Urban Growth Boundary upon annexation.
The proposed territory is within the Tigard Urban Planning Area and wrdnun the City's Urban
Growth Boundary. Upon annexation, urban services will be provided as outlined in the
Washington County.Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement
and current City policies. Staff finds that flus policy is met.
Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based
on findings with respect to the following: a) The annexation eliminates an existing "pocket" or
"island" of unincorporated territory; or, b) The annexation will not create an irregular boundary
that makes it difficult for the police in an emergency situation to determine whether the parcel is
within or outside the City; c) The Police Department has commented upon the annexation; d) the
land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The
annexation can be accommodated by the services listed in 10.1.1(a).
a) The proposed annexation territory is part of a pocket of unincorporated territory. Therefore,
the proposed annexation would help reduce a pocket of unincorporated territory.
b) The proposed annexation will not create an irregular boundary that will make it difficult for the
police to locate a parcel in an emergency situation. By reducing a pocket of unincorporated
territory, the City's boundary will become more regular.
c) The Cite of Tigard Police Department has cornrnented and has no objections to the proposed
annexation.
d) The UP/L4 (2006) includes the proposed annexation territory within Tigard's Area of Interest.
The proposed annexation territory is contiguous to the City,
three sides, where it abuts SW
Bull Mountain Road to the north and Thornwood subdit-ision to the west and east.
e) Lastly, as section 10.1.1.(x) demonstrated, the annexation can be accommodated by the
following services: water, sewer, drainage; streets; police; and fire protection.
Items a through e have been met. Therefore, staff finds that die proposed annexation meets
Policy 10.1.2.
Policy 10.1.3: Urbanization. Upon annexation of Iand into the City which carries a Washington
County zoning designation, the City of Tigard shall assign the City of Tigard zoning district
designation which most closely conforms to the county zoning designation.
Section 18.320.020.0 of the Community Development Code provides specifics on this conversion.
See Table 18.320.1 on the following page.
GOODL=ANNEZ3TION
ZCA2007-00002 PAGE 5 OF 10
TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS
«'ushingtan County Land Use City of Tigard Zoning City of Tigard
Districts-'Plan Designation Plan Designation
R-5 Res.5 units acre R-4.5 SFR 7.500 sq.ft. Low density 1-5 units acre
R-6 Res.6 units acre R-7 SFR 5.000 sq.ft. -Xled,density 6-I2 lulus acre
I R-9 Res.9 units acre R-12 Multi-farnlly 1-1 units acre filed.density 6-12 units acre
i
R-1'Res. 12 units acre R-12 Multi-family 1-1 units acre tiled density 6-12 units acre
R-I? Res 15 units acre R-25 Multi-family 25 nnits acre fediunl-Hioh densits'13-'S
units acre
R-24 Res 24 units acres R-25 kfulti-fairli1v-15 units acre Medium-High density 13-2S
units-acre
office Commercial C-P Commercial Profeisional CP Commercial Professional
NC NeiehhorIiood Commercial CN Neighborhood Commercial CN Nei Pliborhood Coinntercial
CBD Commercial Business CBD Commercial Business CBD Commercial Business
District District District
GC General Commercial CG General Commercial CG General Commercial
IND Industrial i-L Light Industrial Light hldusinal■
The subject property is zoned R-6 by Washington County. Table 320.1 summarizes the conversion
of the County's plan and zoning designations. R-6 County zoning converts to die City's R-7
zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of
the proposed annexation, the proposed territory will automatically convert to R-7 zoning. In
addition, the City's Comprehensive Plan designation for medium-density residential will be applied
to this area.
Chapter 18.320.020
C. Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be the City's
zoning district which most closely implements the City's or County's comprehensive plan map
designation. The assignment of these designations shall occur automatically and concurrently with the
annexation. In the case of land which carries County designations, the City shall convert the County's
comprehensive plan map and zoning designations to the City designations which are the most similar. A
zone change is required if the applicant requests a comprehensive plan map and/or zoning map
designation other than the existing designations. (See Chapter 18.380).A request for a zone change can be
processed concurrently with an annexation application or after the annexation has been approved.
As die previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to
Washington County's R-6 zoning district. The subject property is currently R-6 and will automatically
become R-7 upon annexation. This zone conversion will occur concurrently with die annexation process.
There have been no requests for zoning odier than R-7.
City of Tigard Community Development Code
2. Chapter 18.390.060: Type IV Procedure
Annexations areprocessed by means of a Type N procedure, as governed by Chapter 18.390 of die
Colmlmurdty Development Code (Tide 18) using standards of approval contained in 18.390.020.8, which
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were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 10 days prior to the hearing by snail and to
publish newspaper notice; the City mailed notice on May 24, 2007, and published public notice in The
Tigard Tualaiin Sherwood Times for two successive weeks (May 31, 2007 &June 7, 2007) prior to the June 12,
2007, public hearing.
Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision:
1.The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197;
The City's Comprehensive Plan has been acluiowledged by die Land Conservation and Development
Conirnission to be in compliance with state planning goals. As reviewed above, die annexation proposal
meets the existing Comprehensive Plan policies and therefore is in compliance Widi state planning goals.
2.Any federal or state statutes or regulations found applicable;
ORS 222:
State lav (ORS 222.120(4)(b), ORS 222.125 and ORS 272.170(1)) allows for a city to annex contiguous
territory w}ren owners of land in die proposed annexation territory submit a petition to the legislative body of
die city. ORS 222.120 requires die city to hold apublic hearing before its legislative body (City Council)
and provide public notice to be published once each week for two successive weeks prior to die day of the
hearing, in a newspaper of general circulation in the city, and shall cause notices of tie hearing to be
posted in four public places in the city for a life period.
The sole owner of land within the proposed territory has signed a petition for annexation to die City. The
proposed annexation territory is contiguous to die City's boundary on three sides.
The City published public notice in The Ti,gard Titalalin Sherwood Times for two successive weeks (May 31,
2007 & June 7, 2007) prior to die June 12, 2007, public heaiing and posted the hearing notice at four
public places on Apri127, 2007: Tigard Library, Tigard City Hall, Tigard Permit Center, and in die vicinity-
of
icinity
of die proposed territory on SW Bull Mountain road. Staff finds that the provisions of ORS 222 have
been met.
3.Any applicable METRO regulations;
Chapter 3.09 of tie Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state re�riew standards. Note drat the report is
available 15 days before the hearing (Ylay 25, 2007 for a June 12, 2007, hearing). Staff has determined that
the applicable METRO regulations (Metro Code 3.09.040(b) &(d)) have been met based on the following
finduiks:
Metro 3.09.040 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make
available to the public a report that addresses the criteria in subsections (d) and (g) below, and that
includes at a minimum the following:
(1) The extent to which urban services presently are available ,to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in dais report, urban services are available to tie affected territory.
(2) A description of how the proposed boundary change complies with any urban service provider
agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties;
As addressed previously in this report, the annexation proposal complies with all applicable
provisions of urban service provider agreements, UP2111 (2006); and TUS_4 (2006).
(3) A description of how the proposed boundary change is consistent with the comprehensive land
use plans, public facility plans, regional framework and functional plans, regional urban growth
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ZCA2007-00002 PAGE 7 OF 10
goals and objectives, urban planning agreements and similar agreements of the affected entity and
of all necessary parties;
As addressed previously in this report, the annexation proposal complies With all applicable
policies of the City of Tigard Comprehensive Plan and urban service provider agreements (pUR/14
(2006) and TUSA (2006). The proposed annexation territor, is within the Urban Growth Boundary
and subject to the Regional Framework Plan and Urban Growth Management Functional Plan
provisions. There are no specific applicable standards or criteria for boundary changes in the
Regional Framework Plan or the Urban Growth Management Functional Plan. However, the
City's Comprehensive Plan and Development Code have been amended to comply with Metro
functional plan requirements. By complying with the Development Code and Comprehensive
Plan, the annexation is consistent with theun7 unctional Plan and the Regional Framework Plan.
(4) 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 territory- will remain within Washington County but will be required to be
withdrawn from the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District and the Tigard Water District upon completion of die
annexation.
(5) The proposed effective date of the decision.
The public hearingg will tape place June 12, 2007. If the Council adopts findings to approve
ZCA2007-00002, tlhe effective date of die annexation will be 30 days later on July 12, 2007.
Metro Code 3.09.040 (d)
(d) An approving entity's final decision on a boundary change shall include findings and conclusions
addressing the following criteria:
1. Consistency with directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
As addressed previously in this application, die proposed annexation complies with all ap licable
provisions of urban service provider agreements (UR-14 (2006) and the TUSH (2006) The
proposed annexation is in the Area of Interest and Urban Service Area, which are subject to dle
LTPA,A and TUS,1. The agreements state that die County and City will be supportive of
annexations to the City. Therefore, the proposed annexation is consistent with these agreements.
2. Consistency with directly applicable provisions of urban planning or other agreements, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary
party;
The UPt1- 1-1 (2006)includes the proposed annexation territory-. The City has followed allprocessing
and notice requirements in the TJP�L4, providin�Washington County with 45-day notice prior to
die public hearing. The ag� 'ement states that `so that all properties within the Tigard Urban
Service Area will be seined by the City, the Counts- and City will be supportive of annexations to
d1e City." The annexation proposal is consistent with this agreement.
As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive
Plan provisions. Thus criterion is satisfied.
4. Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plan;
This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard
Coinhnuuity Development Code and Comprehensive Plan, the annexation is consistent with d-ie
Functional Plan and die Regional Framework Plan.
5. Whether the proposed change will promote or not interfere with the timely, orderly and
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ZCA2007-00002 PAGE 8 Or 10
economic provisions of public facilities and services;
The proposed annexation will not interfere with thepprovision of public facilities or services
because it is consistent with the terms of the TUS 11 (2006), which,ensures die.timely, orderly, and
efficient extension of public facilities and urban services; it is contguous to exsting city limits and
services; and lastly, urban services are available to the proposed annexation territory and have not
been found to significantly reduce existuig service levels.
6.The territory lies within the Urban Growth Boundary; and
The proposed territory is within Metro's Urban Growth Boundary.
7. Consistency with other applicable criteria for the boundary change in question under state and
local law.
Indo
sections, this report reviewed the proposal's consistency with other applicable criteria
and found it to be consistent.
(Tigard CDC 19.390.060)
4.Any applicable comprehensive plan policies; and
As demonstrated in previous sections of this report, the proposed annexation is consistent with, and
meets, all applicable comprehensive plan policies.
5.Any applicable provisions of the City's implementing ordinances.
There are no specific implementin ordinances drat apply to this proposed annexation. The Development
Code (Chapter 18 of the City Code will apply to die proposed territory if or when it develops.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works Department reviewed die proposal and has not provided any
cornrnents to staff. With regard to water service and availability, the applicant has provided a letter from
Public Works dated November 29, 2006. The letter has been discussed previously in this staff report and
has been included in the land use file ZCA2007-00002.
The City of Tigard Police Department has reviewed the proposal and did not have any comments or
objections.
The City of Tigard Engineering Department was provided the opportunity to comment, but did not
conhnhent.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue, which currently serves the proposed territory, has been given the
opportunity to comment,but did not cornrnent.
The City received comrhhents from Tualatin Valley Water District (TVWD), which has indicated that die
subject property is not widhin the TVWD service area.
SECTION IX. PUBLIC COMMENTS
The City mailed notice surrounding property owners within 500 feet and all interested parties on May 31,
2007. As of the date of this report, staff lhas not received any written corrnnents.
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ZCA2007-00002 PAGE 9 OF 10
5/25/2007
P ARED B - i ng DATE
Assistant Planner
5/25/2007
REVIEWED BY: Richard Bewersd& DATE
Plannmg Manager
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