Ordinance No. 08-05 CITY OF TIGARD, OREGON Attachment 1
TIGARD CITY COUNCIL
ORDINANCE NO. 2008-�r
AN ORDINANCE ANNEXING 4.12 ACRES OF LAND, INCLUDING ONE (1) PARCEL
AND RIGHT-OF-WAY, APPROVING THE PHELPS ANNEXATION (ZCA2008-00002) 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 222.111(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 property
which currently lies within the boundary of the Tigard Water District, Washington County Enhanced
Sheriffs 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 May 27, 2008, to consider the
annexation of one (1) parcel (Washington County Tax Map 2S108AB, Tax Lot 1000) of land located
on SW 153rd Avenue and adjoining right-of-way, and withdrawal of said parcel from the Tigard Water
District,Washington County Enhanced Sheriff s 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 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 Sheriffs Patrol District and Washington
County Urban Roads Maintenance District on May 27,2008; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban 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 with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations;and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel as described in the attached
Exhibit "A" and shown in Exhibit "C" and withdraws said parcel from the Tigard
Water District, Washington County Enhanced Sheriffs Patrol District and Washington
County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council hereby annexes the right-of-way described in the attached
Exhibit "B" and shown in Exhibit "C" and"D".
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 "G"
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 take 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 by law, and providing notice to utilities.
SECTION 6: Pursuant 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 U r)00l M06 vo�t`e of all Council members present after being read by number
and title only, this � _�_day of , 2008.
l�
Cathy Batley, City Recor er
Ordinance No. 08-05
Page 2
APPROVED:By Tigard City Council this day of , 2008.
Approved as to form: Sydney L. Sherwood
Council President
f y�J
�.. ( Q V
Attorney Date
Ordinance No. 08-05
Page 3
EXHIBIT A
Property Description for Map 2S108AB,Tax Lot 1000
The following described property being located in the northeast one-quarter of Section 8,
Township 2 South, Range 1 West, of the Willamette Meridian,Washington County, Oregon
being more particularly described as;
Beginning at a point being the northeast corner of lot 3,plat of"Wonder View Estates";
Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said
lot 3;
Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3;
Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right-
of-way of SW 153�a Avenue;
Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that
measures 20.00 feet easterly and parallel with the southerly extension of the last stated
course;
Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point;
Thence S 65° 52' E 243.40 feet to a point;
Thence N 89° 49'E 60.10 feet more or less to a point on the east line of said lot 3;
Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of
"Wonder View Estates";
Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point;
Thence N 00° 05'E 200.00 feet to a point on the east line of lot 3, of said plat;
Thence S 89° 49' W 134.00 feet to a point being 15.00 feet east of an angle point on the east
line of said lot 3;
Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21 feet to a point;
Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the
point of beginning;
Thence N 00° 05' E along east line of said lot 3,205.00 feet to the point of beginning.
Containing 3.66 acres, more or less.
EXHIBIT B
w��acllic
S.W. 153`d Avenue
City of Tigard Annexation
RIGHT-OF-WAY ANNEXATION
A parcel of land lying in the northeast one-quarter of Section 8, Township 2 South, Range 1
West of the Willamette Meridian, Washington County, Oregon, said parcel described specifically
as follows:
Beginning at the southeast corner of that tract of land conveyed to Teresa B. Hilliard by statutory
warranty deed recorded October 11, 2000 in Document No. 2000082842, Washington County
Deed Records, said southeast corner being on the centerline of S.W. Bull Mountain Road, also
known as County Road No. A-1471/2;
Thence, from said point of beginning, leaving the centerline of S.W. Bull Mountain Road,North
05°24'00" East, along the easterly line of said Hilliard tract, a portion of which is also the
westerly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of"Wonder View
Estates", a distance of 289.00 feet to a point of curvature at the northeast corner of said Hilliard
tract;
Thence, along the westerly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of
"Wonder View Estates", along the arc of a 27.23 foot radius curve, concave westerly, the central
angle of which is 39°01'25", the long chord of which bears North 14°06'42" West, a distance of
18.19 feet, an arc length of 18.55 feet to a point of reverse curvature;
Thence, along the westerly, northerly, and easterly right-of-way line of S.W. 153`d Avenue as
dedicated in the plat of"Wonder View Estates", along the arc of a 40.00 foot radius curve,
concave southerly, the central angle of which is 258°02'51", the long chord of which bears South
84°36'00" East, a distance of 62.15 feet, an arc length of 180.15 feet to a point of reverse
curvature;
Thence, along the easterly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of
"Wonder View Estates", along the arc of a 27.23 foot radius curve, concave easterly, the central
Page 1 of 2
9755 SW Barnes Road, Suite 300 Portland, OR 97225 T 503.626.0455 503.526.0775 www.whpacific.com
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angle of which is 39°01'25", the long chord of which bears South 24°54'43" West, a distance of
18.19 feet, an arc length of 18.55 feet to a point of tangency;
Thence, South 05°24'00" West, along the easterly right-of-way line of S.W. 153rd Avenue as
dedicated in the plat of"Wonder View Estates", a distance of 248.34 feet to a point of curvature;
Thence, along the easterly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of
"Wonder View Estates", along the arc of a 20.00 foot radius curve, concave northeasterly, the
central angle of which is 82°00'00", the long chord of which bears South 35°36'00"East, a
distance of 26.24 feet, an arc length of 28.62 feet to the north right-of-way line of S.W. Bull
Mountain Road as dedicated in the plat of"Wonder View Estates";
Thence, leaving said north right-of-way line of S.W. Bull Mountain Road, South 13°24'00"
West, perpendicular to the centerline thereof, a distance of 30.00 to the centerline of S.W. Bull
Mountain Road, also known as County Road No. A-1471/2;
Thence,North 76°36'00" West, along said centerline of S.W. Bull Mountain Road, a distance of
63.66 feet to the point of beginning.
The parcel of land to which this description applies contains 20,454 square feet more or less.
Bearings are based upon the plat of"Wonder View Estates".
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JANUARY 20. 1:989
GARY R CHRISTERSO.N
2377
RENEWAL. DECEMBER 31., 2009
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I LAST EDIT' 05108 08 PLOT DATE: 0510810
cn 9755 SW Barnes Rd, ANNEXATION MAP
DATE BY REV REVISION CK'D PPR Suite 300
Portland,OR
97225 S. W. 153RD AVENUE
503-626-0455 NAME CO. OR
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www.whpacific.com SCALE: PROJECT N0. DRAWING FILE NAME: SHEET ]
1 =60 034152 34152-SURV-EXOO 1
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TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
W We, the undersigned owners) of the propert described below and/or elector(s) residing at the referenced location(s), hereby petition for, and
�ive consent to, Annexation of said property o the City of Tigard. We understand that fhe 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.
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PO- Property Owner
RV- Registered Voter PAGE OF
OV- Propefty PropertyOwner& Registered Voter
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ZCA2008-00002
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EXHIBIT G
Agenda Item:
Hearin Date: Mqy 27 2008 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL =
FOR THE N
CITY OF TIGARD, OREGO
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: PHELPS ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002
APPLICANTS/
OWNERS: David S. and Jeanette Phelps
PO Box 551
Tualatin, OR 97062
PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard.
In addition, the City propores to include 0.46 acre of right-of-way on SW 153rd
Avenue from the point adjoining the subjectparcel to the right-of-way on SW Bull
Mountain Road. Both owners of the subject parcel have consented to the
annexation. The subject parcel is contiguous to the City by a point at its northwest
corner.
LOCATION: 15305 SW 153rd Avenue;Washington County Tax Map (WCTM) 2S108AB,Tax Lot
1000.
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) units 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 within a proposed development shall be no less than 4,500
square feet and the minimum 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: Medium-DensityResidential District. The City of Tigard R-7 zoning district is
designed to accommodate attached single-family homes, detached single-family
homes with 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
parks 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 minimum 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 underly g
zoning district. No lot created under this provision shall be less than 80% of the
minimum lot size allowed in the underlying zoning district.
PHELPS ANNEXATION
ZCA2008-00002 PAGE 1 OF 10
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 1.1eppdated 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
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staff r �oxinxericls mat Goin�il that the pmpoed annexation {X200$fl0002) meets all
e `approvalc�rxtera asp xde 'ORSGhte < 22WMoGo+dekhapter +19, Yomrizuxut�'
Developxnetit ` d =C�i� fere k18 320 d 18 90, atzdthe f i lowing"Cotnliielxei sry h ' Goals`�in
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SECTION III. BACKGROUND INFORMATION
The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in
the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The
subject parcel is contiguous to the City by a point at its northwest corner. The property is located at the
north end of SW 153 Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The
parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream.
The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of-
way is 0.46 acre.
Both owners have consented to the annexation. The City invited all adjacent property owners to join the
annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on
SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the
City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates.
However, Mr. Noffz declined the invitation to join at this time. Therefore, no adjacent property owners
have joined this annexation.
The two owners are registered voters within the proposed annexation area. There is a third registered
voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides
abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters have
petitioned for annexation.
SECTION IV. APPLICABLE REVIEW CRITERIA FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City: 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-updatedVersion).
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
PHELPS ANNEXATION
ZCA2008-00002 PAGE 2 OF 10
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 (Non-updated) (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
serve the proposed area "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 is the current service provider for the subjectproperties.
Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject
property.
Sewer — Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer
service. The existing home is on a septic system. Upon annexation,the City of Tigard will be the provider
of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property
develops, the development will be required to connect to the City sewer system.
Drainage — Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater
service. Upon annexation, the City of Tigard will be the provider of stormwater service. The nearest
known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the
property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to
the north. Therefore, stormwater drainage is available where it is currently. When or if the property
develops,it may be required to connect to the City stormwater system.
Streets — City of Tigard Capital Construction & Transportation Division. The subject property is
located on SW 153`d Avenue, north of SW Bull Mountain Road. SW 153`d Avenue, designated a local
street on the TSP, is proposed to be within the City upon annexation. The street currently appears similar
to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or
knownlans to develop it into more residential units. However, when or if the property develops, the
owners%developer will e required to construct street improvements to the City's standard if the street is
within the City's boundary.
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 (TVF&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 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.
The following Comprehensive Plan oals and policies apply to the proposed annexation: 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). Staff has determined that the proposal has satisfied the applicable
Comprehensive Plan policies based on the following findings:
Goal 1.1 (Updated): Citizen Involvement. The City shall maintain an ongoing citizen involvement
program and shallassure that citizens will be provided an opportunity to be involved in all phases
of the planning process.
PHELPS ANNEXATION
ZCA2008-00002 PAGE 3 OF 10
The City 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 for 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 April 11, 2008: Tigard Library, Tigard City Hall,
Tigard Permit Center, and at the subject roperty on SW 153`d Avenue. The City published notice of the
hearing in The Tigard Tualatin Sherwood Tomes for two successive weeks (May 8, 2008 and May 15, 2008)
prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and
surrounding property owners within 500 feet on May 6, 2007. In addition, the City maintains a list of
interested parties organized bygeography: Notice was mailed to interested parties in the West area on May
6,2008,including former members of Citizen Involvement Team West. Staff finds that this policy is met. .
Goal 111(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.
A single-family home exists on the subject parcel and the owners do not have immediate plans to develop
the property with more dwelling units. If or when the parcel develops, the pparcel will already be inside city
limits and will be required to receive City stormwater services. Therefore this policy is met.
Goal 11.3 dated : 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.
A single-family home exists on the subject parcel and the owners do not have immediate plans to develop
the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city
limits and will be required to receive City sewer 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 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 subject parcel is 3.66 acres. Based only on property size, it
would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the
parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available
information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum
density of 12 units.
Any proposed development 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 City staff, there
is adequate caacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if
developed to �2 residential units. However, development is unlikely without a sewer connection in close
proxtmity. The existing connection is near the north end of SW Sunrise Lane. Bringing the sewer line into
Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too costly. Development of the
subject parcel will be more feasible when a sewer connection is brought closer to the property through the
development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to
extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops,
the proposed annexation area may be able to develop In conclusion, the City's services have adequate
capacity to serve the subject property if developed to the most intense use allowed; however, development
will only be possible when some of the service connections (particularly sewer) are brought closer to the
property through nearby development within the City.
Staff concludes that there is adequate cgpacity capacityto serve the proposed territorywater, sewer, drainage,
streetspolice fire protection if
developed to the densi1y permitted, and thero osed annexation will not
sipnificantlyreduce the level of services available to developed and undeveloped land within the City of
I Using formula for density calculation in Chapter 18.715 of the Development Code.
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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)
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 territory; others are
available nearby and would require connections from the proposed annexation area if the properties are
developed in the future.
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 within the City's Urban Growth
Boundary. Upon annexation, urban services will beprovided 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.
Policy 10.1.2 (Non-updated): 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 conti uous to the City
boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a).
a) The subjectparcel is contiguous to the City and is part of a pocket of unincorporated territory that
is the TigardUrban Services Area and Tigard Area of Interest. The property on SW 153`d Avenue
is contiguous to,the City by a point in the northwest corner of the parcel. The proposed right-of-
way on SW 153 Avenue is contiguous to the subject property. 'Therefore, annexing the subject
parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory.
b) The proposed annexation will not create an irregular boundary that willmake it difficult for the
police to locate a parcel in an emergency situation. The Police Department identifies properties by
address and the locations of the subject properties are clear.
c) The City of Tigard Police Department has commented and has no objections to the proposed
annexation.
d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The
proposed annexation territory is contiguous to the City.
e) Lastly, as section 10.1.1.(a) (non-updated version) 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 the proposed annexation meets Policy 10.1.2.
Policy 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 the Community Development Code provides specifics on this conversion. See
Table 18.320.1 on the following page:
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ZCA2008-00002 PAGE 5 OF 10
TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS
Washington County Land Use City of Tigard Zoning City of Tigard
Districts/Plan Designation Plan Designation
R-5 Res.5 unitslacre R-4.5 SFR 7,500 sq.ft. Lou*density 1-5 units/acre
R-6 Res.6 units/acre R-7 SFR 5,000 sq.ft. Med.density 6-12 units/acre
R-9 Res_9 unitslacre R-12 Multi-family 12 units/acre Med.density 6-12 unitslacre
R-12 Res.12 units/acre R-12 Multi-family 12 unitslacre Med.density 6-12 units/acre
R-15 Res.15 unitslacre R-25 Multi-family 25 unitslacre Medium-High density 13-25
unitslacre
R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25
units/acre
Office Commercial C-P Commercial Professional CP Commercial Professional
NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial
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 industrials
The subject parcel 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 the City's R-7 zoning. As this is a
Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation,
the subject parcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan
designation or medium-density residential will be applied to the properties.
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 chane 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 zoned R-6 and will
automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the
annexation process. There have been no requests for zoning other than R-7.
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Cityof Tigard Community Development Code
2. Chapter 18.390.060:Type IV Procedure
Annexations areprocessed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which
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 20 days prior to the hearing by mail and to
publish notice at least 10 business days prior to the hearing; the City mailed notice on May 6, 2008, and
published public notice in The Tigard Tualatin Shenvood Times for two successive weeks (May 8, 2008 &May
15,2008) prior to the May 27,2008,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 Compprehensive Plan has been acknowledged by the Land Conservation and Development
Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal
meets the existing Comprehensive Plan policies and is, therefore,in compliance with state planning goals.
2.Any federal or state statutes or regulations found applicable;
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
rritory
tew en owners of land in the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and
pprovide public notice to be published once each week for two successive weeks prior to the day of the
hearin , in a news aper of general circulation in the city, and shall cause notices of the hearing to be
posted in four public places in the city 45 days prior to the hearing.
Both owners of the subject parcel have signed a petition for annexation to the City. The subject parcel is
contiguous to the City's boundary. The City has acted on its own motion to annex the right-of--way on SW
153`d Avenue,which adjoins the subject property.
The City published public notice in The Tigard Tualatin Shenvood Times for two successive weeks (May 8,
2008 & May 15, 2008 prior to the May 27, 2008, public hearing and posted the hearing notice for public
view on April 11, 2008:Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed
territory on SW 153`d Avenue. 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 that this report is
available 15 days before the hearing (May 12, 2008 for an May 27, 2008, hearin . Staff has determined
that the licable METRO regulations (Metro Code 3.09.040 &(d)) have been met based on the
following dings:
Metro 3.09.040 (bl
(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.
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(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, UPAA (2006);and TUSA (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 this report, the annexation proposal complies with all applicable goals and
policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006)
and TUSA (2006). The proposed annexation territory 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 Reg�'oval 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 the Functional Plan and
the Regional Framework Plan.
(4) Whether the proposed boundary change will result in the withdrawal of the affected territory
ffrom 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 the annexation.
(5) The proposed effective date of the decision.
The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008-
00002, the effective date of the annexation will be 30 days later on June 26, 2008.
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, the proposed annexation complies with all applicable
Provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006J). The proposed
annexation is in the Area of Interest and Urban Service Area,which are subject to the UPAA and TUSA.
The agreements state that the 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 UPAA (2006) includes the proposed annexation territory. The City has followed all processing and
notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public
hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be
served by the City, the County and City will be supportive of annexations to the 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. This criterion is satisfied.
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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
Community Development Code and Comprehensive Plan, the annexation is consistent with 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 interfere with the provision of public facilities or services because it is
consistent with the terms of the TUSA (2006),which ensures the timely, orderly, and efficient extension of
public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban
services are available to the proposed annexation territory and have 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 Boundary.
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, 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 im lementing ordinances that apply to this proposed annexation. The Development
Code and Municipal Code will apply to the proposed territory if or when it develops.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works Department reviewed the proposal and has no objections.
The City of Tigard Police Department has reviewed the proposal and has no objections.
The City of Tigard Development Review Engineering Division was provided the opportunity to
comment on the annexation,but did not comment.
SECTION VIII. AGENCY COMMENTS
Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer
and stormwater connection for future residential development.
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SECTION IX. PUBLIC COMMENTS
The City 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.
5/12/2008
VREPARRZ-r��- y Eng DATE
Assistant Planner
7
r
5/12/2008
REVIEWED BY: Richard Bewersdrf DATE
Planning Mana r
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