Ordinance No. 08-04 QTY OF TIGARD, OREGON
TIGARD QTY COUNCIL
ORDINANCE NO. 2008- (),<-
AN ORDINANCE ANNEXING 1.33 ACRES, APPROVING THE CROSS ANNEXATION
(ZCA2008-00001) 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
722.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
tenitory proposed to be annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon
the City s own motion;
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, Washington County Enhanced
Sheriff's Patrol District and Washington County Urban Roads Maintenance District upon completion
of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on April 8, 2008, to consider the
annexation of one (1) par-cel (Washington County Tax Map 2S109DD, Tax Lot 200) of land with
adjoining right-of-way on the north side of SW Beef Bend Road and additional right-of-way on SW
Beef Bend Road (found on Washington County Tax Maps 2S109DD and 2S109CB) and withdrawal
of said parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District
and Waslington 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 assume,
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 hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from
the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington
County Urban Roads Maintenance District on April 8, 2008; and
WHEREAS, pursuant to ORS 222.524, the City must declare the wididrawal 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 Gounty zoning; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
WI-iEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcel and adjoining right-of way described
in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel
from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District
and Washington County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council hereby annexes the additional right-of-way described in. the
attached Exhibits "C" and "D" and shown in Exhibit "E."
SECTION 3: 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 "J" and
incorporated herein by this reference.
SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 5: City staff is directed to tape all necessary measures to implement the annexation,
including certified copies of the Ordinance with Metro for administrative processing,
filing with state and county agencies as required bylaw, and providing notice to utilities.
SECTION 6: Puu-suant to ORS 222.120(5), the 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 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water-District shall be July 1,2009.
SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By W) �� )' MM S vote of all Council members present after being read by rr umber
and title only,this R '`� day of .y11 1 1� 32008.
Cathy X -ieea ley, Ci corde(
APPROVED:BY Tigard aid City Council this J day of _ �KLG j _ ,2008.
- ,
Craig -ksen,Mayor
Approved as to form:
V
Q - ttolney Date
EXHIBIT A
LEGAL DESCRIPTION: PAGE 1 OF 2
FEBRUARY 6, 2008
THAT TRACT OF LAND AS DESCRIBED IN DEED DOCUMENT NUMBER
2006-001914, RECORDED JANUARY 6, 2006, WASHINGTON COUNTY DEED
RECORDS, AND A PORTION OF THE NORTHWESTERLY RIGHT-OF-WAY
OF S.W. BEEF BEND ROAD, LOCATED IN THE SOUTHEAST ONE-QUARTER
OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE
MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 31
OF THE PLAT OF "BELLA VISTA", WASHINGTON COUNTY PLAT RECORDS;
THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 28, 27, AND 26 OF
SAID PLAT SOUTH 46021'37" EAST, 126.72 FEET, TO THE MOST
SOUTHERLY CORNER OF SAID LOT 26; THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT 26 NORTH 76°47'31" EAST, 29.53 FEET TO THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND ROAD,
BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF (WHEN
MEASURED PERPENDICULAR THERETO); THENCE ALONG SAID RIGHT-
OF-WAY LINE, ALONG THE ARC OF A 4033.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 1°26'14"
(THE LONG CHORD BEARS NORTH 44°16'44" EAST, 101.16 FEET), AN ARC
DISTANCE OF 101.16 FEET TO A POINT OF TANGENCY; THENCE NORTH
44°59'51" EAST, 32.80 FEET TO THE MOST EASTERLY CORNER OF SAID
PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE
SOUTH 45000'09" EAST, 33.00 FEET TO THE CENTERLINE OF S.W. BEEF
BEND ROAD; THENCE ALONG SAID CENTERLINE SOUTH 44°59'51" WEST,
32.80 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG
THE ARC OF A 4000.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 4°26'17" (THE LONG
CHORD BEARS SOUTH 42°46'42" WEST, 309.76 FEET), AN ARC DISTANCE
OF 309.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 40°33'34"
WEST, 206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE
ALONG THE ARC OF A 1000.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 0°04'40" (THE LONG
CHORD BEARS SOUTH 40035'54" WEST, 1.36 FEET), AN ARC DISTANCE OF
1.36 FEET TO A POINT OF TANGENCY; THENCE LEAVING SAID
CENTERLINE NORTH 49°21'46" WEST, 33.00 FEET TO THE MOST
SOUTHERLY CORNER OF TRACT "C" OF SAID PLAT, SAID POINT BEING
ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND
ROAD, BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF
(WHEN MEASURED PERPENDICULAR THERETO);
PAGE 2OF2
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, ALONG
THE ARC OF A 967.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 004'40" (THE LONG
CHORD BEARS NORTH 40035'54" EAST, 1.31 FEET), AN ARC DISTANCE OF
1.31 FEET TO A POINT OF TANGENCY; THENCE NORTH 40°33'34" EAST,
206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG
THE ARC OF A 4033.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 021'54" (THE LONG
CHORD BEARS NORTH 40°44'31" EAST, 25.70 FEET), AN ARC DISTANCE
OF 25.70 FEET TO THE MOST EASTERLY CORNER OF LOT 45 OF SAID
PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE,
ALONG THE NORTHEASTERLY LINE OF SAID LOT 45 NORTH 46021'37"
WEST, 32.27 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 45;
THENCE ALONG THE NORTHEASTERLY LINES OF LOTS 44, 43 AND 40 OF
SAID PLAT NORTH 28°15'24" WEST, 132.02 FEET TO AN ANGLE POINT ON
THE NORTHEASTERLY LINE OF SAID LOT 40 OF SAID PLAT; THENCE
ALONG THE SOUTHEASTERLY LINES OF LOT 40, TRACT 'I"', AND LOTS 32
AND 31 OF SAID PLAT NORTH 48035'02" EAST, 120.17 FEET TO THE POINT
OF BEGINNING.
CONTAINS 40,139 SQUARE FEET OR 0.92 ACRES, MORE OR LESS.
REGISTERED i
I PROFESSIONAL
LAND SURVEYOR
I
1&4-
OREGON
.1ANUARY 11, 2005
DARREN S HARR
t� 5G161
EXHIBIT B
LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M.,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
FEBRUARY 6. 2008
11
'9J /MOST EASTERLY CORNER OF /
THE PLAT OF "BELLA VISTA" S45'00'09"E
01 N44'59'51"E 33.00'
� Qj Q�1 5�6. / � / 32.80'
2
C,/"
�,�' POINT of F` , �Si r� ' S44'59'51"W
/'' 'Q BEGINNING / -9, �,r �3• 32.80
40 DEED DOCUMENT � "
N7647 31 E �
'`o. No. 2006-001914 29.53 QV
CA
43
N 48'21'37"W
"-1 `pp 32.27' �.
44 C2
_ 45 C5 L=25.70'
REGISTERED
PROFESSIONAL
DSURVVEYOR
41
OREGON�� os
DARREN 1S81 HARR
56
C4 L=1.31'
N49'21'46"W z RENEWAL DATE: 6-30-09
33.00'
C3 L=1.36' SCALE 1" = 60' FRONTIER
CURVE TABLE LAND SURVEYING
CURVE LENGTH RADIUS DELTA CHORD 10110 S.W. NIMBUS AVENUE
C1 101.16' 4033.00' 1'26'14" N44'16'44"E 101.16' SUITE B-9
C2 309.83' 4000.00' 4'26'17" S42'46'42"W 309.76' PORTLAND, OREGON 97223
C3 1.36' 1000.00' 0'04'40" S40'35'54"W 1.36' PHONE: (503)620-4100
C4 1.31' 967.00' 0'04'40" N40'35'54"E 1.31' FAX: (503)620-4900
C5 1 25.70' 1 4033.00' 1 0'21'54" 1 N40'44'31"E 25.70' JOB NO.: 1029
EXHIBIT C
ANNEXATION DESCRIPTION
A tract of land situated in the Southeast one-quarter of Section 9, Township 2 South
Range 1 West Willamette Meridian described as follows:
Begim-iing at the southwest corner Parcel 2 of Partition plat 2000-0033 of the
Washington County Subdivision records being on the northerly right-of-way line of
SW Beef Bend Road 33.00 feet fi•om center line when measured at right angles and a
point on a curve to the right; Thence along said curve to the right with a radius of
1467.00 feet a central angle of 0° 50' 57" (a chord which bears S 63° 42' 47"W,
21.74) and a length of 21.74 feet; Thence S 64° 08' 05"W, along said north right-of-
way, a distance of 161.61 feet to a point of curve of a curve to the left; Thence along
said curve to the left with a radius of 858.00, a central angle of 19° 08' 25" (a chord
which bears S 54° 34' 03"W, 285.29) and a length of 286.62 feet to a point of
tangency: Thence S 44° 59' 51"W a distance of 13.17 feet to the easterly line of
property described in Document No. 98-051807of the Washington County Deed
Records; Thence S 01' 43' 53" W, along said easterly line, a distance of 48.15 feet to
the center line of SW Beef Bend Road; Thence N 44° 59' S1" E, along said center
line, a distance of 48.23 feet to a point of curve of a curve to the right; Thence along
center line and said curve to the right with a radius of 825.00, a central angle of 19°
08' 25" (a chord which bears N 54° 34' 03" E, 274.32) and a length of 275.60 feet to
a point of tangency; Thence N 64° 08' 05" E, along said center line, a distance of
161.61 feet to a point of curve of a curve to the left; Thence along said center line
and said curve to the left with a radius of 1500.00 feet a central angle of 0° 50' 57" (a
chord which bears S 63° 42' 47"W, 22.23) and a length of 22.23 feet; Thence N 26°
42' 41"W, leaving said center line, a distance of 33.00 feet to the point of beginning.
Containing 16350 Sq Ft
EXHIBIT D
ANNEXATION DESCRIPTION
A tract of land situated in the Southeast one-quarter of Section 9, Township 2 South
Range 1 West Willamette Meridian described as follows:
Beginning at the southwest corner of Tract"A" Bella Vista as recorded in Document
No. 2005075278 of the Washington County Subdivision records; Thence S 11° 56'
22" 1✓, along the extension of the west line of said Tract "A", a distance of 35.39 feet
to the centerline of SW Beef Bend Road and a point of a curve to the left; Thence
along said curve to the left with a radius of 2000.00 feet, a central angle of 1° 24' 38"
(a chord which bears N 56° 21 36" E, 49.24 feet) and a length of 49.24 feet to the
extension of the easterly line of said Tract "A"; thence N 11° 56' 22" W a distance of
35.75 feet to the south east corner of said Tract "A" and a point on a curve to the
right; Thence along said curve to the right with a radius of 1967.00, a central angle of
P 26' 17" (a chord which bears S 55° 58' 36" W, 49.37 feet) and a length of 49.38
feet to point of beginning.
Containing 1627 Sq Ft
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KiNG CiTY
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2S1 10CB 2S 1 10CB
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
We, the undersigned owner(s) of the propert described below and/or electors) residing at the referenced location(s), hereby petition for, and
ggive consent to, Annexation of said property o the City of Tigard. We understand that the City will review this request in accordance with
oRS 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
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l AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RVOV ADDRESS Township/ Map Tax Lot Precinct [
secfi I Number LNumber I Number
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DESIGNE
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EXHIBIT 1
City of Tigard, Oregon 13125 SW lull Blvd. • Tigard, OR 97223
February 8, 2007 41
M
Mark Brown 1 ,
Land Development Manager
Dept. of Land Use and Transportation
Washington County
155 N. First Avenue, Ste. 350
Hillsboro, OR 97124
Dear Mark:
TI-ds is in answer to your request for a statement of the City of Tigard's policy
regarding annexation and the provision of services.
First, in regard to development requiring connection to City of Tigard utilities: The
City of Tigard will not provide extension or connection of services unless
applications have been made for annexation. After annexation, development plans
that comply with City development standards may be submitted and subsequently
approved. For example a property owner outside the City limits who needs to
connect to City owned storm sewers or sewer facilities will not be given a Service
Provider Letter indicating hookups will be provided unless the property is annexed.
Second, in regard to development requiring services for which the City of Tigard has'
a contractual agreement to provide services outside the City limits (such as through
the Tigard Water District): The City of Tigard will allow provision of services where
a non remonstrance agreement to annex those properties involved has been signed
and recorded with Washington County and submitted to the City of Tigard.
These policies follow the provisions of the Tigard Comprehensive Plan. It is the
essence of the provision of municipal service in an efficient and cost effective manner
that service be provided only after annexation and that subsequent development is
consistent with and meet the standards adopted for all development within the City
of Tigard.
Sincerely,
Tom Coffee
Community Development Director
I:\CURPLN\Dick\Letters\annex.pol.doc
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov TTY Relay: 503.684.2772
EXHIBIT J
Agenda Item:
Hearing Date: April 8,2008 Time: 7:30 PM
STAFF REPORT TO THE
p
CITY COUNCIL =.
FOR THE CITY OF TIGARD, OREGON '
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: CROSS ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2008-00001
APPLICANT/ APPLICANT'S
OWNER: Donald L. and Debora Lee Cross REP: IvIillenium Homes, Inc.
12615 SW Beef Bend Rd Attn:John Marquardt
Tigard, OR 97224 18601 East Burnside Ave
Portland, OR 97233-5318
PROPOSAL: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and
right-of-way on SW Beef Bend Road fora total of 1.33 acres into die City= of Tigard.
The applicant received land use approval from Washington County oil March 20,
2007 to develop die parcel into 3 lots (Washington County Project # L060553).
Because die available urban services are widhin the City, the property must be
annexed. The two owners of the subject parcel have consented to die annexation.
The parcel is contiguous to die City on three sides and King City is across the street.
Portions of right-of-way that extend beyond the subject parcel's frontage have been
included with this proposal at the City's request. All right-of-way included in this
proposal is contiguous to die City hunts.
LOCATION: 12615 SW Beef Bend Road; Washington County Tai Map (WCTM) 2S109DD, Tax
Lot 200. The proposed additional right-of-way is located on WCTM 2S109DD and
2S110CB.
CURRENT
ZONE: R-6 District (Residential 6 Units Per Acre The purpose of the Washington County
R-6 District is to iinpleinent 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) units per acre, except as specified by Section 300-2 or Section 303-6.
The intent of the R-6 District is toprovide the opportunity for more fle=xibility in
development than is allowed in the -5 District. The average lot area for single
in
family detached dwellings witha proposed development shall�be no less than 4,500
square feet and the miinitnu in lot area shall be 4,000 square feet. The minimum lot
area for single family attached units shall be 3,500 square feet.
EQUIVALENT
CITY ZONE: R-7: Meditun-Densitv Residential District. The City of Tigard R-7 zoning district is
designed to accommodate attached single-family homes, detached single-family
homes widh or without accessory residential units, at a minimum lot size of 5,000
square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home
S
and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally. Note: In a subdivision, lot size may be averaged to
allow lots less than the minimwn lot size allowed in the underlying zoning district as
long as the average lot area for all lots is not less than allowed by the underlying
zoning district. No lot created tinder this provision shall be less dian 80% of die
CROSS ANNE'K-M0N
ZCA2008-00001 PAGE 1 OF 10
minimum lot size allowed in the underlying zoning district.
APPLICABLE
REVIEW
CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code
Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and
Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal
11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version).
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (ZCA2008-00001) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community
Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and
Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6
(Updated Version) and Policy 10.1 (Non-updated Version). Therefore, staff recommends
APPROVAL of ZCA2008-00001 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
The subject parcel is located on SW Beef Bend Road. The existing house was built in 1952. The property
slopes down about 20% toward Beef Bend Road. Bella Vista Subdivision is w-id-Lin the City and surrounds
the subject parcel on three sides. Beef Bend Road borders the subject parcel's southern boundary. Kung
City's boundar},begins from the centerline of Beef Bend Road.
The total area proposed for annexation is 1.33 acres. The applicant requests approval of annexation of one
parcel (0.53 acre) to the City of Tigard along with adjoining tight-of--way for a total of 0.92 acre. In addition,
the City has included additional right-of-way on SW Beef fiend Road, totaling 0.41 acre, which is contiguous
to die City limits but was left out of previous annexations due to an oversight.
Both owners of the 0.53-acre subject parcel have consented to the annexation and neither is an active
registered voter at the property. Because the subject parcel is an island of unincorporated territory, there
were no owners of adjacent property that the City could invite to join this annexation.
The subject property received land use approval for a 3-lot ppartition (1\Menium Homes Partition,
Washington County Case File # L060553) . i he existing house 'villi retrain and ttvo additional homes are
proposed. Because the available urban services are within the City and maintained by the City, the property
must be annexed. Construction plans submitted to the City for a prelim inaty review indicate the proposed
partition will connect to City sewer and storm drainage 'Within Bella Vista Subdivision. Washington Count�T
has required the property to be annexed into the City as a condition of approval prior to final plat approval.
The applicant received land use approval from Washington County on March 20, 2007, about a month after
the City of Tigard issued a formal statetrent about its annexation policy (February 8, 2007). The repose of
the statement was to prevent property owners or developers from receiving land use approval through die
County if the recess. = service connections for a property are widiin the City. The subject property had
been well into the lin use review process when the City issued its statement. It is not the City's current
policy to allow property owners or developers to appll' for County land use approval prior to annexing if
the necessary service connections are within the City's bboundaries.
SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
CROSS ANINEN-LIMON
ZCA2008-00001 PAGE 2 OF 10
City: Connmunity Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan
Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6
(Updated Version) and Policy 10.1 (Non-updatedVersion).
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 1 )
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 die 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 (Non-updated) (Policy 10.1.1) defines
services as water, sewer, drai
nage, 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
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 in the City, of Tigard."
Water— City of Tigard. Tigard Water District currently serves the subject property. Upon annexation,
City of Tigard will to the provider of water. Water is available in SW Rembrandt Lane, north of the
subject parcel, within Bella Vista Subdivision.
Sewer — Clean Water Services/City of Tigard. Clean Water Services currently serves the existing
home. Future homes will connect to the sewer connection west of the subject parcel in Bella Vista
Subdivision. Upon developinent of the site, the City will be the service provider for the new homes.
Drainage — CIean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the
provider of storm drainage. The only available storm drainage connection for the subject parcel is east of
the subject parcel in Bella Vista Subdivision.
Streets — City of Tigard Capital Construction & Transportation Division. The subject property is
located on SW Beef Bend Road, a County-owned road, and surrounded by Bella Vista Subdivision. Upon
development, the site is required to close off access to SW Beef Bend Road, because the existing driveway
does not meet the access spacing standard. SW Beef Bend is designated an arterial on the City's
Transportation System Plan and a Major Collector on the County's plan. Bella Vista Subdivision contains
a private street stub (Tract B) to which the site is required to connect upon development. Tract B will
connect the proposed development to SW Rembrandt Lane, a public street within the City of Tigard.
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 Valley Fire and
Rescue's (IVF&R's) service area. TVF&R currently serves the subject property and will continue to serve
it after it is annexed.
Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan, are
available to the proposed annexation territoiv and all public services have sufficient capacity to provide
service to the proposed annexation territorv.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
The following Comprehensive Plan oals and policies apply to the proposed annexation: Goal 1.1
(Updated Version); Goal 111,1, Policy 4 Updated Version); Goal 113, Policy 6 (Updated Version) and Policy
10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable
Comprehensive Plan policies based on the following findings:
CROSS NINML-MON
ZCA2008-00001 PAGE 3 OF 10
Goal 1.1 (Updated): 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 Citi- maintains an ongoing citizen involvement program. To assure citizens will berovided an
opportunity to be involved in all phases of the planning process, the City provides notice rot Type IV
land-use applications. The City posted, mailed and published notice of the public hearing as follows. The
City posted the hearing notice at four public places on February 22, 2008: Tigard Library, Tigard City Hall,
Tigard Permit Center, and on die subject property on SW Beef Bend Road. The City published notice of
die hearing in Tbe Tigard Trrnlathi Sherwood Tilves for two successive weeks (March 20, 2008 and March 27,
2008) prior to the April 8, 2008, public hearing. The City also mailed notice to all interested parties and
surrounding property owners within 500 feet on March 18, 2008). In addition, die City maintains a list of
interested parties organized by geography. Notice was inailed to interested parties in the West area on
March 18, 2008,including former members of Citizen Involvement Team West.
Staff finds that this policy is met.
Goal 11.1 (Updated): Public Facilities and Services.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services.
The property owners have petitioned for annexation so that their property may receive City stormwater
services. Therefore, dais policy is met.
Goal 11.3 (Updated): Public Facilities and Services.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services.
The property owners have petitioned for annexation so that their property may receive City wastewater
services. Therefore, this policy is met.
Policy 10.1.1 (Non-updated): 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 6. Fire Protection.
As addressed under 18.320.020 above, adequate service is available to die proposed annexation territory.
Upon annexation, die subject property will be zoned R-7, a Mediuun-Density Residential zone, tviti a
minimum lot size of 5,000 square feet. The proposed 0.53-acre territory has an estimated ma_xinimn
density of 3 residential units and estimated intnirnuin density of 2 units'. There twill be three (3) total Limits
based on the County-approved design.
The development will be required to connect to public service facilities, such as sewer, storm drainage and
water, andprovide the necessary street improvements. Based on findings by die applicant and City staff,
diene is adequate capacity to serve die annexation area (water, sewer, drainage, streets, police, fire
protection) if developed to three (3) residential units. The proposed annexation will not significantly
reduce tie level of services available to developed and undeveloped Land within die City of Tigard.
Staff concludes that there is adequate capacity to serve the proposed territory water sewer, ch-am' 'IlLye.
streets, police, fire protectionl if developed to the density permitted, and die proposed annexation will not
signrfrcanty reduce the level of services available to de�reloped and undeveloped land within the City of
Tigard. .
b) If required by an adopted capital improvements program ordinance, the applicant shall 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)
Using formula for density,calculation in Chapter 18.715 of the Development Code.
CROSS ANNEXATION
ZCA2008-00001 PAGE 4 Or 10
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 pro am requires a nonremons trance agreement
r th
for thus area. Some urban services are already available foe proposed annexation territory; others are
available nearby and would require connections from the proposed annexation area. However, these public
facility requirements have been assigned as part of the recent development review by the County.
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 die Tigard Urban Planning Area and within the City's Urban Growth
Boundary. Upon annexation, urban services will be rovided as outlined in the Washington County-
Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff
finds that this policy is met.
Polic 10�r 1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City
shall be based on findings with respect to the hollowing: 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 bepartment 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. (x).
a) The subject parcel is an island of unincorporated territory, surrounded by the City of Tigard on
three sides and ILing City on one side. Therefore, annexing die subject parcel and adjoining right-
of-way would reduce an island of unincorporated territory and a pocket of right-of-way Annexing
die two additional right-of-way areas willalso eliminate pockets of unincorporated territory, since
d-le right-of--way is currently between the City's boundary and what may be King City's extended
boundary in the future.
b) The proposed annexation will not create an irregular boundary dlat will male it difficult for the
police to locate a parcel in an emergency situation. By reducing the island of unincorporated
territory and bringing in the two pieces of additional right-of-way, the City's boundary will become
more regular.
c) The City of Tigard Police Department has coniimented and has no objections to the proposed
annexation.
d) The UPIL-1 (2006)includes the proposed annexation territory within Tigard's Area of Interest. The
proposed annexation territory is contiguous to the City on three sides, where it abuts Bella Vista
Subdivision on its north, east and west boundary. The two additional pieces of right-of-way on
SW Beef Bend Road are contiguous to die City.
C) Lastly, as section 10.1.1.(a) demonstrated, die 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.
Poligy 10.1.3 (Non-updated): Urbanization. Upon annexation of land 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 die Coniimunity Development Code provides specifics on this conversion. See
Table 18.320.1 on the following page:
CROSS 1-1INNE41TION
ZCA2008-00001 PAGE 5 OF 10
TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLA`AND ZONING DESIGNATIONS
\S-asliington Count%-Land Use City of Tigard Zoning Cit}"of Tigard
Districts Plan Designation Plan Designation
R-5 Res. 5 unit acre R-4.5 SFR 7.500 sq.ft. Low density 1-5 units acre
R-6 Res.6 unit acre R-7 SFR 5.000 sq.ft. Med.density 6-I2 units acre
R-9 Res.9 unit acre R-12 Multi-family 12 units acre Med.densit•6-1_'units acre
R-12 Res. 12 unit acre R-12 Mtilti-fancily 12 units acre Med.densiry 6-12 units acre
R-15 Res. 15 units acre R-25 Multi-familt_•25 units acre Medium-Hieh deusit• 13--'S
units acre
R-24 Res.24 units acres R-25 Multi-hntily 25 units acre Mechuni-High density 1-'--'5
units icre
Office Commercial C-P Conuuercial Professional CP Commercial Professional
NC Neiehborhood Cotmuercial CN Neieiiborhood Commercial CN Nei21iborhood Commercial
CBD Commercial Business CBD Commercial Business CBD Conmtercial Business
District District District
GC General Commercial CG General Commercial CG General Commercial
IND Industrial I-L Llellt Industrial Licht hidustrials
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 Coun
ninty zoning converts to the Ci 's R-7 zoning. As dus 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 mediiun-density residential will be applied to dais 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 the 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. Tins zone conversion will occur concurrently with the annexation process.
There have been no requests for zoning other than R-7.
City.of Tigard Community Development Code
2. Chapter 18.390.060: Type N Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
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ZCA2008-00001 PAGE 6 OF 10
Community Development Code (Title 18) using standards of approval contained in 18.390.020.8, which
were addressed in die 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 20 days prior to the hearing by mail and to
publish notice at least 10 business days prior to die healing for 2 consecutive weeks; the City mailed notice
on March 18, 2008, and published public notice in The Tigard Tualalin Sl.Jenvood Tuner for two successive
weeks (March 20, 2008 &March 27, 2008) prior to the April 8, 2008, 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 Compprelhensive Plan has been acknowledged by the Land Conservation and Development
Coininission to be in compliance with state planning goals. As reviewed above, the annexation proposal
meets die existing Comprehensive Plan policies and is, therefore,in compliance wide state planning goals.
2.Any federal or state statutes or regulations found applicable;
ORS 222:
State late ORS 222.120(4)(U), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of land in the proposed annexation territory submit a petition to tie legislative body of
die city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex conttguous
territory. A city is not required to hold an election for such an annexation it follows the noticing
procedures fora public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and
Frovide public notice to be published once each week for two successive weeks prior to the day of the
Hearin , 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 two owners of die 0.53-acre subject parcel have signed a petition for annexation to the City. The
subject parcel is contiguous to the City's boundary on diree sides. The proposed right-of-way adjoins die
subject parcel or is contiguous to the City's boundary. The City has acted on its own motion to annex the
two additional pieces of right-of-way on SW Beef Bend Road.
The City published public notice in The Tigard Tualaliu Sherwood Tivies for two successive weeks larch 20,
2008 & March 27, 2008) prior to die Api71 8, 2008, public hewing and posted tie hearing notice at foto
public places on February 22, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the
vicinity of the proposed territory off SW Bull Mountain Road.
Staff finds that the provisions of ORS 222 have been met.
3.Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Note drat tis report is
available 15 days before die hearing (March 24, 2008 for an April 8, 2008,hearing).
Staff has determined that the applicable METRO regulations (Metro Code 3.09.040(b) &(d)) have been
met based on the following findhn�s:
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 this report, urban services are available to the affected territory.
(2) A description of how the proposed boundary change complies with any urban service provider
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agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary
parties;
As addressed previously in dhis report, the annexation proposal complies with all applicable provisions Of
urban service provider agreements, UP_,1,11 (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 goals and objectives, urban planning agreements and similar agreements of-the affected
entity and of all necessary parties;
As addressed previously in dhis report, the annexation proposal complies with all applicable goals and
policies of die City of Tigard Comprehensive Plan and urban serv=ice provider agreements (UP 'I (2006)
anti TUS,4 (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to
the Regional Framework Plan and Urban Growdi Managgement Functional Plan provisions. There are no
specific applicable standards or criteria for boundary clhanges in die Regional Framework Plan or the
Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development
Code have been amended to comply wide Metro functional plan requirements. By complyin with die
Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and
die 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 Counts= but will be required to be withdrawn from
the Waslhin ton County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance
District and die Tigard Water District upon completion of the annexation.
(5) The proposed effective date of the decision.
The public hearing will take place April 8, 2008. If the Council adopts findings to approve ZCA2008-
00001, the effective date of the annexation will.be 30 days later on May 8,2008.
Metro Code 3.09.040 (dl
(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 dhis application, the proposed annexation complies with all applicable
provisions of urban service provider agreements (UPA,1 (2006) and die TUS_4 (2006)). The proposed
annexation is in die Area of Interest and Urban Service Area, which are subject to the UPfLII and 7 LIS�.
The agreements state drat the County and City will be supportive of annexations to die 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 UP- ,l (2006) includes the proposed annexation territory. The City has followed all processing and
notice requirements ' die UI?-111, providing Washington County wide 45-day notice prior to the public
hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be
sen=ed by tie CitlT, tie Count�j and City will be supportive of annexations to the City."
The annexation proposal is consistent�vrth this agreement.
As previously stated in this report, dhis proposal meets all applicable City of Tigard Comprehensive Plan
Tprovisions.
his criterion is satisfied.
4. Consistency with specific directly applicable standards or criteria for boundary changes
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ZCA2008-00001 PAGE 8 OF 10
contained in the Regional Framework PIan or any functional plan;
This criterion was addressed under Metro Code 3.09.040(10. By complying with the City of Tigard
Community Development Code and Comprehensive Plan, die annexation is consistent widi the
Functional Plan and the Regional Framework Plan.
5. Whether the proposed change will promote or not interfere with the timely, orderly and
economic provisions of public facilities and services;
The proposed annexation will not urterfere with die provision of public facilities or services because it is
consistent with the terms of the TUS.4 (2006),which ensures the timely, orderly, and efficient extension of
public facilities and urban services; it is contiguous to existin city limits and services; and lastly, urban
services are available to the proposed annexation territory and leave not been found to significantly reduce
existing service levels.
6. The territory lies within the Urban Growth Boundary; and
The proposed territory is within Metro's Urban Growth Bounduy.
7. Consistency with other applicable criteria for the boundary change in question under state and
local law.
In previous sections, this report reviewed the proposal's consistency with other applicable criteria and
found it to be consistent.
(Tigard CDC 18.390.060)
4. Any applicable comprehensive plan policies; and
As demonstrated in previous sections of this report, die 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 implementing ordinances that apply to dais proposed annexation. The Development
Code (Chapter 18 of the Citv Municipal Code) will apply to tie proposed territory if or when it develops.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works Department reviewed die proposal and has no objections.
The City of Tigard Police Department has reviewed the proposal and has no objections.
The City of Tigard Building Division reviewed the proposal and has no objections.
The City of Tigard Development Review Engineering Division was provided die opportunity to
comment on the annexation, but did not comment. However, die Division made comments during tie
Comity land use review, indicating that die subject property was required to annex into the City to receive
urban services that are inside and maintained by the City.
The City Arborist reviewed die proposal and indicates there were several trees on site (as of the most
recent aerial photo taken in July 2007) that have been recently removed. The City Arborist makes note
that removing trees pnor to being annexed into the City and vvidl die intention of developing is not
consistent wird the City's tree code,which favors retention over removal wherever possible.
RESPONSE: according to die County decision, the developer had proposed to remove three trees and
then retain trees where possible during tie buuildinmhplaase. The County nner who reviewed dieland use
application indicated that the County recon en ed the retention of the trees while recognizing die
developer would likely remove thein. In addition, the trees removed so far were removed toprovide
access to die site. The other trees on site will likely be removed to accommodate the new homes. Because
the subject parcel received County land use approval prior to annexing, die proposed development will
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comply with the conditions of the Count}' approval with regard to trees. As previously discussed, this land
use approval was issued almost a year ago and it is not the City's current policy to allow developpers to
apply for County land use approval prior to anne_xig if the necessaiT service connections are within the
City's boundaries and maintained by the City.
SECTION VIII. AGENCY COMMENTS
Clean Water Services (CWS) has reviewed the proposal and noted that construction plans for the subject
site have been submitted for review at CWS under Site Development Project # 9197. CWS notes that the
plans have not been approved and have been returned to the applicant with redline conunents. In
addition, when the parcel is annexed to the City as a condition of utilizing the City maintained storm
S
and connection to City water, the City may assume responsibility for reviewing construction plans
for all aspects of the project that would nornally fall under City purview if the parcel were already within
the City nits. Included is a list of applicable CWS standards regarding Sanitary Sewer, Storm Drainage
and Water Quality, Sensitive Area and Erosion Control.
RESPONSE: The applicant is required to obtain a Public Facility Improvement Permit with the City of
Tigard Development Review Engineering Division and shall submit construction plans for the City's
review and approval.
SECTION IX. PUBLIC COMMENTS
The Ciry mailed notice surrounding property owners within 500 feet and all interested parties on March
18, 2008. As of the date of this report, staff has not received any written comments.
3/24/2008
REPA BY Lnily Eng DATE
—Assistant Planner
�* 3/24/2008
REVIEWED BY: Richard Bewe sd rff DATE
Planning Mai ager
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