Ordinance No. 08-16 CITY OF TIG: D, OREGON
TIGARD CITY COUNCIL.
ORDINANCE NO. 2008-
AN ORDINANCE ANNEXING 1.43 ACRES OF LAND, INCLUDING TWO (2) PARCELS,
APPROVING THE CACH ANNEXATION (ZCA2008-00003) 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), (QRS 2292.125, and ORS 222.170(1) to
annex:contiguous territory upon receiving written consent from owners of Land in the territory proposed to be
annexed;and
WHEREAS, the City of Tigard is authorized by ORS 222,120(5) and `1-2.520 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
WHERE AS, the Tigard City Council held a public hearing on October 28, 2008, to consider the annexation of
two (2) parcels of land (Washington County Tax:Map 2S105DC,Tam Lots 101 and 300) located.on SW Sunrise
Lane, and withdrawal of said parcels fro n the Tigard Water. District, Waslvrzgton County Enhanced Sheriffs
Patrol District and Washington County Urban Roars Maintenance Distract and
WHEREAS, pursuant to ORS —222.520(2) the City is liable to tlhe 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 October:28, 2008 on the issue of the annexation into the City and-,v thdrawal of the annexed parcel
from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District and Washington County
Urban Roads Maintenance District;and
WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the
Tigard WaterDistrict, Washington County Enhanced Sheriffs Patrol District and Washington County Urban
Roads Maintenance District;and
WHE S, d-le 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 3.019 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 die best interest
of the City of Tigard.
ORDINANCE No. 08- lb
Page 1
NOW,THEREFORE,THE CITSt' OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the
attached Exhibits "A" and. `°B", 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 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 "E" and incorporated
herein by this reference.
SECTION 3. This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
SECTION 4: Citystaff is directed to tale all necessary measures to implement the annexation,including filing
certified copies of the Ordinance with Metro for administrative processing, filing witli state'and
county agencies as required by Law,and providing notice to utilities.
SECTION 5; Pursuant to ORS' 222.120(5), the effective date of the witlidrawal of rhe property from
Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads
Maintenance District shall be the effective date of tlhis annexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard
Water District shall.be July 1,2009.
SECTIO>N 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: Byrd1W0 i A t G1 , vote of all Council members present after being read by number and
title only,this day of ( C c r' 72008.
m1
Cathy Wheatley,City Recorder
APPROVED: By Tigard City Council this dale of ,2008.
Craig '• sen,Mayer
Approved as to form:
f 1
w ' Attorney Date
ORDINANCE No. 08-
Page
EXMBIT A
W H P A'C" I"ff,"
E
1'"{,7'[,1"7 T?FF"A"
Lai aal Description of Tax.Lots 101 and L3e0"X0l,As3Isessojd s Nlaa 2S 105.D C
A parcel of land located in the>soutlaeast oate-quarter of Section 5, Towriship 2 South, Range l
West of the Willamette Meridian in; Washington County, Oregon, said Marcel tieing more
particularly described as follow '
Coalaaatencitag at the southav=e`st coiner of the southeast oaae-(quarter of said Section 5;
Thence, North 00`47729" East, along tate rest line of said SOLItl3east aiie-quarter, a distimice of
465.00 feet; 1
'rherce, South 89"°49'00" -Fast, parallet- with-the south line of said Seetioji 5, as distance of
1030.50 feet to the West right-of-way lute of S,W, Sunrise Lane as dedicated to the public by
dedication (Iced r corded Nwtaty14, 1931 in Book 147, Page 81, Washit)gton County Teed
Records, said right-of-way line being 20.00 feet: from the cer tedine thereof, measured �
p rpeaadicular thereto; 4
Thence, North 04*13'22"Last, along said west right-of-wags tile, a distaauce oft 10.00 feet to the
of the northeast corner of that parcel of Wid conveyed to Elim C. Phillips and Sabina Jettnue �
Phillips by 1warraaity deed recorded November 12, 1.968 iii, Boole 723, Page 730, of said deed
records, said point beitag alae Point of lleginrting<
r
Thence, from said Point of Beginning, North,:89'49'00" West, aalong, the aaort:li lime of said
Phillips parcel, a distauce of 182.00 feet to the aaorthwesttorner thereof, which is on the east line
of that tract of land conveyed to the City of'figard, Oregon by statu.tcaa-y ttwarraanty deed recorded
May 27, 1998 in Pee Number 98-55101,said deed records,and referred to theme in as Parcel 2;
s
Thence, North 05'03'4V Lust along:the east,fine of said City. of Tigard, tract, as;distance .cif
115.66 feet to the southwest(earner of that parcel of land Gc-tm eyed to Christopher J. Cacti and
Sheri L. Cacti byspecial warrant), deed recorded April 15, 1996 in lace Kunabea° 96-333077 said
decal records;
i
Thence, Notch 04049'18" West bhang the west haze ofsaid Fee Number 96-33,077,.a distance of
227.45 feet to the northwest corner of said Fee Number 96-33077, f
Thence,North 88'4014",Eaast along the north line of said Pee Number 96-33077, , a distance of
162.78 feet,to said west right-of-way line of SV. Sunrise'Laii
i
Thence, South 14 17'37"last along said west right-of-way liate;`ofS,W. Sunrise Lane; a distance
of 168.76 fect
Thence. South 04'1"3'22" West along said west rillit-of-�xway line of S.W. Sutu•ise Lane, at s
distaartce of.18'.16 felt to the Poiiat of Be iianinn,
9755 S`r`,'Barnes Road, Suite 300 • PorC.hnd, OR 97225 t T 503.676.0455 t t 503,526.077 < vwrw.tivilpsadf ream
t
WUdell-C
Tho above described parc,e) contains 61,977 square feet more or less, which is 1.42 icres niol-e or
less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Z5 JJJ�)
OREGON
CHARLES L.WILEY
2474
SIGNED: -7'
EXP:6/30/2010
EXHIBIT "B"
N88
..40' 4."E
162.78'—
-4 LA
PORTION TL101
OF TL200 FEE N0. 96-3,3077
61,977 SQ. FT. 1
FhE N0, 98-55401 OR 1.42 ACRES
1
S89`49'00"f=
180:30'
za
POINT OF cot —J
BEGINNING t
TL300 N
N89*49'00"W I c1
182.00' c �
0 723 P730 _
S89'49'O0"E
103O.30' _ t
t"
TL300
I
I
TZ 400
I
Q)
SCALE
0 00 100 200
POINT OF
COMMENCEMENT /
t t I -T
I INCH = 100 FF8
'DMCNE.O BY, c�.w:.:. ctt£CdEo BY., cd.sy , CACI-1 FFlMII_YI�I�C7�'CRTI�S
LASFDRM,v tar: 7EN n t notrF ar:-9,,L- FOR THE CITY OF TIGARD
tASr£f7Fri 07 3{7 08 PLOT DAM tll 40 p08
nn7E 8Y REV N�wsm, cif TAX MAP 2S I 05DC;
_ am�Head
TAX LOT NO. 101 & 300
—'— Strdla CAU
tarilcn8«0rtSaa a�22s HAS#tMOM CPUNYe
d SCALE; PRO XCT NO. f7RAtWAIG FILE NA41E:^ 9NEfT 9f1
I"--lo0' 034165 034165—SURV-EX00
a ��d
LU I __ ' '
t -
-��L � * JE SHIRE
SW e��0caaPnFc FncortntnrFQta svSaeei
#1tYNf RGREE r < Ir VICII`�TIT
A j
LL
1
i SEE DR
NLtS
AY ZCA2008-00003
W ✓ � ---------------
amCACH ANNEXATION
Qr3rs 1 ONE wnr
® ,
S NDE TIRYVE�
I _ .__
LI I w- LEGEND
z
ION
i x=
q r t
c "
4 >
Tpan#Area hlap
{tee{
0 104 200 304 460 500 Pcal
PL
1"=488 ica1.
1
� tu
infomeatwn on"a reap is for general location only and
13125 SW Nal!Blvd
13125 SW.Hall Blvd
{563}439.4171
IWITEES
Community Development Plot date:Sap 10,2008:G:VnagicWAGIC03.APR
TO THIS COUNCIL OF THE CITY OF TIGARD, OREGON:
We, the undersi ed owner(s) of the property described below and/or elector(s) residing at the referenced loca:tion�s , hereby
petition for, ane�give consent to,_A�Annexation of said property to the City of Tigard, We understand that the City�u review this
request in accordance witli CARS Chapter 222 and apphca`ble regional and local policies prior to approving or denying the request for
Annexation.
LEGEND:
PCS'- Property Owner
RV-Registered Vater MAGE CSP_.
CSV-Property Owner&Registered Vater
IAMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct D,--E
Section Number Number Number
CIA Xi4 aAjAj!T9 44 4k
tri
C
EXHIBIT E
Hearin Date: October 28,2008 Time: Z-
STAFF REPORT TO THE
CITY COUNCIL °.
FOR THE CITY OF TIGARD, OREGON
120 DAYS /A
SECI'ION 1, APPLICATIM SUMMARY
FILE NAME: CACH ANNEXATION
CASE NO: Zone Change Annexation(ZCA) ZCA2008-00003
APPLICANTS/
OWNERS: Christo her and Sheri Cach
15170 Sunrise Lane
Tigard, OR 97224
PROPOSAL: The applicants request annexation of two (2)parcels totaling 1,43 acres to the G of
T"sga, r , The proposed annexation Floes not include any evelopanent"plans. The
sub"ect property,is an island of unincorpoted land surrounded bytlle Ctyof Tigard
with land owned by tl e City on the west and south.and private land on the north and
east.
LOCATION: 15170 SW Surmise Lane, Washington County Tax Map(W 2S105DC,Tax Lots
101 and 300,
CURRENT
ZONE: R-6 District (Residential 6 Units Per Acre . The urpose of the Washington County
R-6 District is to implement t e� g�s of tee Comprehensive Flan for areas
designated for residential development at no more than srx (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 e R 6 District is to provide the opportunity for more flexibility in
develo Ment than is allowed in the R-5 District. The avera e lot area for
sin le-family detached dwellings within a propposed development sha be no less than
4,5 0 s care feet and the mirninum lot area sktall be 4,000 square feet. The minimum
lot area or single family attached units shall be 3,500 square feet.
E QU[VALENT
CITY ZONE: R-7: Medium-Densitv Residential District. The City of Tigard R-7 zoning district is
designed to accommodate attached single-family homes, detached single-familyy
m
homes with or without accessory residential units, at a minimum lot size of 5,0
square feet, and duplexes, at a ,n,r um.lot size of 10,000 square feet. Mobile home
parr and subdivisions are also permitted outright; Some civic and institutional uses
are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: ORS Chater 222, Metro Code Chapter 3,09 CoMi�nunity Development Code
Chapters 8.320 and 18.390, and the following Comprehensive Plan Goals and.
Policies: Goal 1,1 (Updated Version ; Goal 11.1 Policy (U dated Version); Goal
11.3,Policy 6 (Updated Version) and olicy 10.1 ( .Ton-updated Version).
CACHANNEXAMN
ZCA?008-00003 PAGE 1 OF 9
SECTION 11. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (Z 008-00003) meets all the
approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.019, Community Development
Code Chapters 18.320 and 18.390, and the following Comprehensive flan 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 ZCA20 08-000013 by adoption
of the attached ordinance.
SECTION 111. BACKGROUND INFORMATION
The proposed annexation includes two (2) parcels totaling 1.43 acres. Tlie arcels are located in the Bull
Mountain area, contiguous to the Previous Cath Creek Area exation (ZpCA20C16-00002}. The subject
parcels are contiguous to the City on all sides and constitute an island of unincorporated land within the
City.
Tax Lot 101 contains a single-family dwelling and outbuilding Tax Lot 300 is vacant. The subject
property is gently sloped with sparse trees with significant hartat areas overlaying portions of both
Parcels.
Christopher and Sheri 0 ach, owners of the subject parcels, havepetitioned for annexation.. Chr to�pher
and Sheri Cach are the only reggistered voters'with n the proposed annexation area. Therefore, 100 Yo of
property owners and 100% of tlse registered voters have petitioned for annexation.
SECTION IV APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
State: CARS Chapter 222
Regional: Metro Code Chapter 3.09
City: 0 ommunity Developpment Code Chapters 18.320 and 18.3901, and the following Comprehensive Plan
Goals and Policies: Goal 1.1 (1Jpdated Version)-Goal 11.1,Policy 4 (Updated Version); G61 11.3,Policy b
(Updated Version) and Policy 0.Z (Non-update Version:).
A.CITY QBE TiGARD Comma n DEVELOPMENT CODETITLE 181
Staff has deterrnined that the Pro�posal is consistent with the relevant portions of the Community
Development Gde based on the foTcowing findings:
Chapter 18.320.020.B: Aproval Process and Standards.
Approval Criteria. The decision to approve, approve with modification, or deny an application to
annex properly 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 set-vice
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 ca acity 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."
CACHANNEXAMON
ZC.A-008-00003 PAGE 2 OF 9
Upon annexation, the sub'ect property will. be zoned R-7, a Medium-Density Residential zone, with a
minimum lot size of 5,008 square feet. The subject property totals 1.43 acres. Based on the available
information, and subtracting 210%, for public facilitates, sta 1 estimates a maximum density of 10 units on
the subject proper
When the subjectproperty develops the applicant will be required to connect to public service facilities..
The land use review process will identify specific service provisions and require additional facilities or
upgrades as appropriate,as well as consider the sensitive lands present.
Water- City of Tigard. Tigard Water District is the current service provider for the subject pproperties.
Upon annexation, 8y of Tigard will be the provider of water. Water is available to serve tZ subject
property. According itothe October 6, 2008 letter from City Engineer Agustin Duenas the water system
does have the overall. infrastructure and adequate capacity to serve the properties to �e annexed at the
most 'intense use allowed without significantly reducing the level of service available to developed and
undeveloped land within Tigard.
Sewer- Clean Water Services/City of Tigard. Clean Water Services ( ) is the service provider of
sewer service. The existing single-farrlily home on,Tax Lot 101 is on a septic system. Upon annexation,
the City of Tigard will be the provider of sewer service. Accordisi to the October 6, 2008 letter from City
Engineer . gtistin Duenas, the City is capable of providing retail level sewer service without significant
reduction in the level of services provided to developed and underdeveloped properties in the City:
Drainage - Clean. Water Setvices/City of Tigard. Clean Water Services is the current provider of
stormwater service. Upon annexation, tTle Ci of Tigard will. be the provider of storm-water service. A
single-family home exists on Tax Lot 1.01.If and when the parcel develops,the parcel will already be inside
city limits and will be required to receive City storm titer services. According to the October 6,2008 letter
from City En meer tin Duenas, the City has the capacity to provide retail. level storm sewer service
without signifrl'earrt reduction in the level of services provided to developed and underdeveloped properties
in the City.
Streets - City of Tigard Capital Construction & Transspportation Division. The subject property is
located north of SW tutill Mountain Road at 150 ' Avenue. According to the October 6, 2008 letter from
City Engineer Agustin Duenas, the City has determined that it can provide street-related services to this
site and doing so will not significantly reduce the level of services to developed and underdeveloped
properties in the City.
Police - +City of Tigard Police Department The City, of Tigard Police Department reviewed the
subject proposal and commented that they have no objection to it. The 'T ar
rmd olice Department has
deteined that it has adequate to serve the most intense use allowed and that providing services
will not significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard.
Fire- Tualatin Valley Fite and Rescue (TVF&L). The subject property is in Tualatin Valley Fire and
Rescue's (TVF 's service area. The TVF District currently pprovides services to the entire Bull
Mountain. area bo inside and outside of the City of Ti ard, The Fire District has personnel and
equipment in tie area that can respond to an emer en incident and irrrplement such actions as maybe
necessary for fire and/or rescue operations to develgoped and undevelopped land within the City of Tigard.
TVF s Knew fire station, Station No. 50 located within approximately 1.5 miles of the subject property
at 124 Avenue and Walnut Street,is due to open in December 2008.
Based u on this review staff finds that allublic services and facilities m defined by thet.Corn rehensive
P an are avai a e to t le pro ose annexation territory an ave su icient ca ac to rovide service to
the ro ose annexation teritor eve o ed to the mast intense use owe an not si icand
reduce the leve of`services available.,to deve oped and un eve oped lam in t ze City cr Tigard..
CACH ANNEXAnON
ZCAA-2008-00003 PAGE 3 OF 9
2. The glicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
'I'lie following Com rehensive Plan oals d policies apply to the proposed annexation: Goal 1.1
er
(Updated ersion);�oal 1l.1 Polic, 4 gals
Version)- Goal 113,Policy6�Jpdated Version) and Policy
0.1 (Npn-tipdated VersionJ. Staff has determined aiat the proposal has satisfied the applicable
Comprehensive Plan policies based on the following findings:
Goal 1.1 (Undated): Citizen Involvement. The City shall provide citizens, affected agencies and
other jurisdictions the opportunity to participate in all phases of the planning process.
The City maintains an origoing citizen involvement program. To assure citizens will be rovided an
opportunity to be involvedin 0 phases of the planr4�ig process, the City provides notice for Type IV
land-use applications. The osted, mailed andgubli7slied notice of the public hearing as follows. The
City Eublisfied public noticeNmix-Tid Tualatin S veood Tbm for two successive weeks, (October 9 and
16,2Q08) prior to the October 28 208"public hearing. The City posted a sign on the subject property on
SW Sunrise Lane on Se tember 1b,200§. The Ci osted hearing notice for public view on September 11,
2008:Tigard ',Tigard Cityl-LA,and Tigard Peri Center.
In addition, the City maintains a list of interestedparties who were mailed notice on October 6, 2008,
including former members of Citizen Involvernente am West. Staff finds that this policy is met.
Goal 11.1(Ui)dated): Public Facilities and Set-vices.
Policy 4. The City'SlIall, require the property to be located within the city limits prior to receiving
City stormwater services.
A single-fagly home exists on Tax Lot 101. If and when the parcels develop, the parcels will already be
inside city limits and will be required to receive City stormwater services. Therefore.ihiS DOECY is Met.
Goal 11.3 (Updated): Public Facilities and Services.
Policy 6. The City shall require the property to be located within the city Iiinits prior to receiving
City wastewater services.
A single-fa nilly home exists on Tax Lot 101. If or when the parcels develop, the parcels 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-undated): 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 aftowed, and will not
significantly reduce the level of services available to develowed and undeveed land within the
4
City of Tigard: 1. Water,2. Sewer, 3. Drainage; 4. Streets; 5. police;and 6. Fire Protection.
As addressed under 18.320.020 above, all services and facilities are available to the area and have sufficient
capacity to provide service for the proposed arinexation area.
b) If required bT�an adopted capital improvements program ordinance, the agsign
shall sign
and record with asbington County a non-remonsti-ance agreement regarding C following:
1. The formation of a local imrovernent district (L.I.D.) for any of the following services that
could be zol
ovided through such a district Thee or improvement of the followin : a)
Water, b) ewer, c Drainage, and d) Streets. 2. The formation of a special district for any f the
above services or le inclusion of the property into a special service district for any of the above
services.
This criterion does not apply. No capital improvements for
requires a non-remonstrance agreement
c t
for this area. Some urban services are already availableme proposed annexation territory-, others are
available nearby and would require connections from the proposeTannexation area if the properties are
developed in the future.
CACANNEXATION
ZCA2008-00003 PAGE 4 OF 9
c The City shall rovide urban services to areas within the 'T"i�ai�d Urban Planning Area or within
�fie Urban Gro2Boundary upon annexation.
The proposed territory is within the Tigard Urban Pl z Area and within the Ca s Urban. Growth
Boundary, Uppon annexation, urban services will be prcyided as outlined in the ash ngton County-
Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current Caitypolicies. Staff
finds that this policy is met.
Policy 10.1.2 (Teton-updatedl. Urbanization. Ap roval of pro used annexations of land. by the City
shad bre based on findings Withrespect to tlxe 1ollowin ; a) We annexation eliminates an existing
"pocket" or"island" of unincorporated territory, or, b) he annexation will not create an irregular
boundary that makes it difficult for the police in an emeency situation to detem-line whether the
arcel is within or outside the Ci ; cle
The Police Te artment has commented upon the
annexation; d the land is located wit lin rr Ti�gand Arca of&nterest and is Conti uous to the Carty
boundary; e) The annexation can be accoinoZted by the services listed in 10.1.1(a).
a) The subject parcels constitute an island of unincorporated Washington County within the Tigard
City Limits.
b) The proposed annexation will not create an irregular boundary but instead eliminate an island of
unincorporated territory.
c) The City of Tigard Pohce Department reviewed the annexation proposal and commented that they
had no objection to it.
d) The pr9posed .annexation territory is located within the Tigard Area of Interest. The proposed
annexation terntoryis contiguous to the City.
e) As the findings for Cara ter 18.320.020, above, demonstrated, the annexation can be
accommodated fair the fallowing 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..
Policv 10.1.3 Non-updated): Urbanization, U�pcin annexation of land into the City which carries a
Wasliin ton unty zoning desi nation, e City of Tigard shall assign the City of Tigard zoning
district esignation which rzost cosely conformsto the county zoning designation.
Section 18.320.020.Ca of the Community Development Code provides specifics on this conversion. See
Table 18.320.1 on the following page:
TABLE M.1
(ON-VERSION TABLE rOR CYIU T3'AND C ITY PLAN AND ZONING DESIGNATION'S
Wo5ltingtatt(aunty Laud Vie City of Tigucd Zeuiiitl; City of Tigladl
Dritilcts=Plan Desianatiou Plan fiesi¢atation
R-5 v,i =ui;irs mrxe' R-4-'SFR 7.400;G.it. Law t tinily 1-5 mon acre
R_G Rei,6 ttt rti acct. R.- 4_p Grin)sq,it. ;tit-d.densiiv 5-I'units acre.
RJO ati,fl ku;ui icit R-12 AIoN4,1lual+z 12lua3lS and Nltd deniity6 I"mun acrt
R,!'P.z 4'jml,attt R-I,Mitl,i-fasr:ah'S2 tunic a.ie Me(l,clatisity 6+1'usuls acre
-?•6 ?+,,ly u.uas a.�rs't a__ :i[s4ta-t invlt'If ulLas ane Iedaatau•H+sii �u;ary•C3-''."
ulals'ui2
R-24 P,ec 24 inx,.nasi R--,;Sltalti-fault`25 Brute att'r :5ledinal'Hicti deusart•1--'5
urns acc
'C}hiata:ituine.::al C•G,uineelcial?a,.,u ;tntiai CPCoaaunercialPa.*t"eib10itiil
Nit >121111.,zlt xl('S+tuute3-t l C?, el-Ilk,orua"d co:rnueacsal CV"*;wbbealreakl Carnauerci al
C83 i'cuartita4isl Bu;iaat5s C'BD Couui erusal Bu me s CBD Caauueicsal Business
r3wnic Iilittict Lin aict
Ga-a;ta:ezalCauurtnct:il CG GelwalC"cuiazaticial COlaeastralCaauaauemi;tii.
END laskh tiiil I-L LwIlt:Iudimmil Light Industrialaa
CACHANNEXATION
ZCA2008-00003 PAGE 5 OF"9
The subject parcel is zoned R-6by Washington Gc)unty. Table 320.1 summarizes the conversion of the
Count's plan and zoning delignations, 6 ountyzonurg convenes to the City's R-7 zoning. As this is a
Zone Clxange Arrrrexation(ZCAA) application, upon approval and execution o the proposed annexation,
the subject areal will automatically convert to R 7 zormrrg. In addition, tlhe City's Comprehensive Plan
designation or medirrrn-densityresrdential will be applied to the properties.
Chapter 18.320.020.0
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 closel implements the City's or County's comprehensive
plan nap desi nation. The assignment ofythese designations shall occur automna.tically and
concurrently wit1 the annexation.-In the ease of land which carries County designations, the City
shall convert the Coutx 's comprehensive plan map and zoning- designations to the City
designations which are ge most similar. A zone change is requheg if the applicant requests a
comprehensiveIan rnap and/or zoning map designation other than the existing designations.
(See Chapter 18.380). A request for a zone change can be pprocessed concurrently with an
annexation application or after the annexation has been approved.
As the previous section den xonstnated, the Cr of Tigard R-7 zoning district is the most similar to
fto
ashingtonGunty�sR6zoningc , subject property is currently zoned R6 and will
matncally be zoned R 7 upon arnnexation, zone conversion will. occur concurrently with the
annexation process. There have been no requests fog:zoning other than.R-7.
Chapter 18.390.060: Type IV Procedure
Annexations are processed by means of a Type IVprocedure, as governed by Cha ter 1.8.390 of the
Community Developpment Code (Title 18) using standards of approval contained in 18.390.0203, which.
were addressed in tlhe previous section. Chapter 18.310 requires City t ouncl to held a hearing on an
annexation. It also requires the Cit to publish notice at least 10 business days prior to the hearing. The
City ppublished public notice in 7irei 7xl 7arlatin lxod "is for two successive weep (Cooler 9 and
16,21 prier to tlxe C)ct bar 28,20 public/rearing, The City posted a sign on the subject property,on
SW Surhrrse Lane on Septenhber 10, 2008. Tlhe City pposted hearing notice or public view on September
11,2008: Tigard Library,Tigard City Hall,and Tigard T'ernzrt Center.
Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type I
decision:
1. The Statewide Planning Goals and. Guidelines adopted under Oregon Revised Statutes Chapter
197
The gtys Compprehensive Plan has been acknowledged by the Land: Conservation and Development
C�omrnisssion to be in compliance with state planning goals. As reviewed above, the annexation. proposal
meets the existing Comprehensive Plan policies and is, erefore, in compliance with state planning goals.
2. Any federal or state statutes or regulations found applicable;
ORS 222:
State law �ORS 222.120(4)U, ORS 222.125 and CARS 222,170(1)) allows for a city to annex contiguous
territorywhen owners of Iandd in the proposed annexation territory submit a petition to the legislative body of
the city In addition, ORS 222.11f(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to held 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 hearin before its legislative body (City Council} and
p[�rovide public notice to be published once each week fgor two successive weeps prior to the day of the
bearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be
I in four public places in the city 45 days prior to the taring.
Owners of the subject parcels have signed petitions for annexation to the C�. The subject parcels are
contiguous to the City's boundary. Adjacent right-of-wayis alreadywithin the tyboundary
CACHANNExAnON
ZC:AA-1008-00003 PAGE 6 OF 9
The City published pudic notice in The Ti id TualatinS/xnwai Titm for two successive weeps October 9
and 16, Z1OOMunrise
or to the October 28, 008, ublic hearing. The City posted a sign on t e subject
gprape on Lane on September 10,2008. The gy posted hearing notice for public view on
5epteni er 11, 2008: Tigard.Library,1Tigard City Mall,Tigard Pernut Center. 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 ges) 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 ((October 13, 2008 for an; October 28, 2005, hearing). Staff has
determined thathe a livable 'lRO re ations (Metro Code 3.09.040 &d have been met ase
on the following findihis..
Metro 3.09.040 b
b Not later than 15 days prier to the date set for a chane decision, the approving eiiti shall
make available to the public a repport that addresses the criteria in subsections (d) and (g) below,
and that includes at a ininimu n the following:
(1) The extent to which urban servicesresently are available to serve the affected territory
including any extra territorial extensions ofservice;
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
agreements adopted pursuant to CARS 195.0665 between the affected entity and all necessary
parties,
As addressed previously in this report, the annexationiropposal complies with all applicable provisions of
urban service provider agreements, UPAA (2006);aril �ZTSA (2006).
J3) A description of how the proposed boundary change is consistent with the comprehensive
and use plans, public facility pfans, regional fi-mework and functional plans, rep al urian
growthgoals 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 ggals and
policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UP A (2006)
and TUBA (2006,J. The proppo� sed. annexation territory is within the T Trban Growth Boundary and subject
to the Regional rameworltZ'lan and Urban Growth Management Functional.Plan provisions. There are
no specific applicable standards...or criteria for boundary changes:in the Regional Fi-ameworl�Plan or the
Urban Growth Management Functional Plan. However,the C.ity's Comprehensive Plan and Development
Code have been amended to comply with Metro functional plan recluu-ements. By compl ' with the:
Development Code and Comprehensive Plan, the annexation � cons>sstent with the Functo�s�Ilan and
the Regional Frarnewoan.
{4) 'Whether the proposed boundary change will result in the withdrawal of the affected territory
Emir the legal boundary of any necessary par ty; and
phe zopposed territory will remain witjriri Washin on County but be required to be withdrawn from
e aslzirnri��tton County Enhanced Sheri f's Patrol T?strict,Washington County Urban Roads Maintenance
District andthe Tigard Water District upon completion of the aruiexation.
(5) The proposed effective date of the decision.
The ublic hearingwill take place October 28, 2008. f the Council adopts findings to approve
ZW008-00003,the effective date of the annexation will be 30 days later on November 27,2008.
GACA i ANNE 110N
ZCA-7008-00003 PAGE 7 OF 9
Metro Code 3.09.040(dJ
(d) An approving entry's final decision on a boundary change shall include findings and
conclusions addressing e following criteria:
1. Consistency with directly applicable rovisions in an urban service provider agreement or
annexation plan adopted pursuant to 0 195.065;
As addressed previously in this application, the AKA
annexation compl�2e006)
s with all applicable
provisions of urban service provider a reernents. AKA (2006 and the A . The pro���aos d
annexation.is in the Area of Interest and Urban Service Area,which are subject to the PAA and. MSA.
The agreements state that the County and City will be supportive of annexations to the City. Therefore,
the posed annexation is consistent with these agreements.
2. Consistency with directly applicable aovisions of urban plannin or other agreements, other
than.. agreements adopted pursuant to RS 195.065, between the affected entity and a necessary
pax
The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and
notice ree�L-u- a n rernents in the UPAA., providing Washington County with 45-day notice prior to the public
hearin .
Tie regiment states that "so that all properties withithe 'Tigard Urban Service Area. will. be
ser-vedgby the ty, the Count and City will be supportive of annexations to the City The annexation
proposal is consistent with this agreement.
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 Compprehensive flan, the annexation is consistent with the
Functional Plan and.the Regional Framework Ilan.
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 ternns of the TZISA (2006),which ensures the timely,orderly, and efficient extension of
public facilities and urban services; it is contiguous to existing city hirrits and services; and lastly, urban
services are available to the proposed annexation territory and nave 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 all
applicable comprehensive plan policies..
5. Any applicable provisions of the City's implementing ordinances.
There are no specific ins lementin ordinances that apply to this propposed annexation. The Development
Code and Municipal Code will appy to the proposed territory if or when it develops.
CACHANMXATION
ZCA2008-00003 PACE 8 OF 9
SECTION VII. OTHER STAFF COMMENTS`
The City of Tigard Public Works Department reviewed the subject proposal and commented that they
have no objection to it.
The City of Tigard Police Department reviewed the subject roposal and commented that they have no
objection to it.';Se Tigard Police Department has determine that it has adequate services to serve the
most intense use allowed and that providing services will not significantly reduce the level of services
available to developed and undeveloped land within the City of Tigard.
The City of Tigard Engineering Division reviewed the subject proposal and commented in an October
6, 2008 etter fromCity Engineer tin. Duenas. The letter corr�irs the City's capacity to provide
water,sanitary sewer, storm drainage,and streets to the subject properties without significant reduction in
the level of services provided to developed and undevelope properties in the City.
SECTION VIII. AGENCY CCA EDITS
Clean.Water Services (C)XS) has reviewed the proposal and provided its general policies regarding sewer
and stormwater connection for future residential development.
SECTION IY, PUBLIC COMMENTS
The City mailed notice to surrounding property owners within 500 feet and all interested parties on
October 6,2008. As of the date of this report, staff has not received any written public comments.
10.1712008
PREPARD B Gx agenstecher DATE
ociate Planner
r 4
w.:.
1017/2008
APPROVED BY Ric ar T He iso DATE
Planning M a r
CKHANNEXAMN
ZCA22004-00003 PAGE 9 OF 9