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Ordinance No. 09-03 .4 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2009- 03 AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE MONTAGE TOWNHOMES ANNEXATION (2 008-0(1005) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT AND WASHINGTON' COUNTS' URBAN ROADS MAINTENANCE DISTRICT. 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 222.5201 to withdraw property which currently lies within the boundary of the 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 Match 24, 2009, to consider the annexation of one (1) parcel Washington County Tax.Map ( 1S126DB, Tac Lot 1100) of land located on SW Hall Blvd and adjoining right-of-way, and .withdrawal of said parcels from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; 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 Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on Match 24,2009;and EEA , pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced 'Sheriff s Patrol District and Washington County Urban Reads Maintenance District,and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; 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 flan 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. ORDINANCE Igo.09- Mage 1 .0 NOW,THEREFORE,THE CITE'OF TIGAR.D ORDAINS AS FOO LOWS: d : SECTION 1: The Tigard City Council hereby annexes the subject parcel and right-of-way as described and shown in the attached Exhibits ".A" and "B", and withdraws said parcel from the Wasl-�ington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District. SECTION 2 The Tigard City Council adopts the "Staff Report to the City Council" (Z 008- 00003) as findings in support of this decision.; a copy of the staff report is attached hereto as Exhibit"D" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature b the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing 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 5: Pursuant to ©RS 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 6: In accordance with ORS .222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED ByunanjmvLts vote of all Council members present after being read by number and title only, this - day of -r ,2003. athy WheUdey, City Recorder APPRO D:By Tigard City Council this day of/ f _ _+ 12009, Craig D' sen, Mayor Approved as to form: Ci Attu Date ORDINANCE No.09- p Page 2 EXHIBIT A ZCA2008-0000,E MONTAGE TOWNHOMES ANNEXATION n ANNEXATION ATION LEGAL DESCRIIPTION A tract of land situated in the'Southeast one-quarter of Section 26,Township 1 South,Range 1 West of the Willarnette Meridian,Washington county, Oregon being a portion of Lot 5 and all of Lot 6 Cedatbrook Farm described as follows: Beginning at the southwest corner of Lot 6 Cedatbrook Farm; Thence-N 2°06' 51"E;along the westerly line of said Lot 6, a distance of 122,84 to the road vacated in Fee no. 88-43089 of the Washington county Deed records; Thence S 87°53'09"'E, along said vacated road,a distance of 20,00 feet; Thence N 2°06' 51"E, along said vacated road,a distance of 343.27 feet to a point 30,00 feet southerly of the center line of SW Hall Blvd; Thence N 62°56'30"W,parallel with the center line of SW HallBlvd,-a distance of 22,06 to the northwest corner of Lot 5 Cedarbrook Farm; Thence N 24 06'51"E a distance of 33.09 feet to the center line of SW Hall Blvd; Thence S 62° 56' 30" E,along the center line of said Hall Blvd,a distance of 168°66 feet to the extension of the east line of Lot 5 Cedatbrook Farm; Thence S 2° 06'51"W,along the east line of said Lot 5 and the extension thereof, a distance of 251.51 feet to the north line of tot 6 Cedarbrook Farm; Thence S 88° 59'48"E,along the north line of Lot 6 Cedatbrook Farm,a-distance of 143.91 feet to the NE corner of said Lot 6 Thence S 2° 06' 51"W, along the east line of said.Lot f,a distance of 182.78 feet to the SE corner of said Lot 6; Thence N 89° 01' 09"W a distance of 296.87 feet to the point of beginning; Containing 91437square feet,2.10 Acres. EXHIBIT 181r}8' .11008 14= k8 IFtk� 30r#' �` s SOCA ` G si 3t ? 1 { sa'v LSS AC e4s 210 ACcx "a°'. 2100:••. 2000 4 23=81 Al a EASEMENTS 90•20d0l TSB• �{F����,f/F '����. 2800 4.70 AC 10TO r ° .61 ACZ04 AG \ r 9005. Dal: y Qs 5t Ar d } V 2900 It' Hfl9-QI�fTl3i'v 17�.3*r 2Q Q iriJ-3 �.7"2 +x y�1:3`��,jj " ,#" "terAc' st. r`+ - "At rti1�Gd�G ¢$E�� S 2b6 F. r I.4 �a t5 c2 151SI7Gy "•" 'rslxmc. �c '� ,'"{' t,rrsrzecrc`",.A .,�`J9'�24�1G`h TITLE "This plat is for your aid in locating your land with reference to streets and other parcels_ While this plat is believed to be correct,the company assumes no liability for any toss occurring by reason of reliance thereon." Map No.16126DB 01100 CHICAGO TrrLE INSURANCE COMPANY 10135 S.E.SUNNYSIDE ROAD$utte 200 C A,CXAJAA:i3OREGON9-1015 . MONTAGE TOWNHOMES ANNEXATION Z 008-00005 Red TaO Goff Course 8880 BEA RTON 9145 ' wr7 9110 I a 9160 166, , 4 0 f,, 1 Li ' Cf _ 8875 8845 911111 8 t� r � 8900 _ 9160 —.. WASHINGTON COUNTY 9225979 w 8880 9x5 — 9107 i 8840 9360 9087 i'9055 F` 0230 24892T6 . _ _.. ( 9137 4 92809292 f 9215 0285_ CEDARCREST ST M. 928 x ® 9300 9072 X299 9285 a i 92239239 9297 0217 . — lz 9325 9303# ,3 :-_--- i 0314 9 330 9321 _ � 9380 9335_ jo 9342 1 +3385' = 51370' 9430 $990 1 935 jU [ 9366 Ci�dge Cnurc Openp�rce #3 9358 Li 8912 . 8966 T _ W f _ ---- 9355 y _ 9390 �; 9375 Ii[ 8954 8036 'lz 8918 9448 1. ; 9325 9419 _ 9415 9125 9423 9455 9499 f 9435 � n. GORNMARTIN 1. 1 947'5 j 9305 ' _ . 9500 9828 9520 9510 0530 9550 80418927 0580 _ I 9s15 _.__ .... ; 9555 � 59.E Ul: 95609012 MAUI�'.'� .,_. .....9566 . " 800089 $934 ` 9515 �. 8020 9543' ` , 9589 9575 Z i 9535 i 7 9575 ' 9570 _ t a � 1EI 9590 9584 _.. �. 9600 9550 9165 9620 3-9610 i 8895 E 8865 9611 9635 ' 9146 9135'9125 0095 F 9960 cTt pp F _ Ch M 9632 964€1 _ ., a BORDERS ST t9 Crescent Crave Ceiretey 9665td I 84 0 #16115 9Gf10 '8930 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the.:enders ed owner(s) of the property described below and/or elector(s) residing at the referenced locatifln(s , hereby p tit on.for, and Rive consent to, exat on of said pr_oppey tq? the City of T d. We understand that the City review this request i. accordance with ORS Chapter 222 ands applicable regional axed local policies prior to approving or den the request for .Aeatton. PO-Property Owner RV-Registered Votes PAGE OF OV-Property &R. ' tered Vater IAMA. PROPERTY DESCRIPTION SIGNATURE PRINTED D NA1 IPC I RV O'V ADDRESS T - p/ Tax Lot Precinct Dj_ Secti N Number Number 4.' -? Sit* '0� 7 1� 241100i'J Y F l C..\r �13�^,:""*.._..�� I�L�J'✓ ^�.' ��✓„�.'it k�s�4,.”. ����i. t :..-..3w."''a-✓`_`',.vi.2...`l .�Ctt�3�.Li�TTiAStCYS�tCVS�P,.S��7,S1.`c" tTS.STJ�C -� EXHIBIT D Hearin Date. March 24w 2008 Time: 7:30 PL4 STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIG ,. , OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: MONTAGE TO 1`HOMES ANNEXATION CASE NO: Zane Change Annexation (ZCA) ZCA2008-00005 APPLICANTS/ APPLICANT'S OWNERS: Casa Terra,LLC REP: Tom McConnell 7+637 SE 29th Avenue TMC Planning Portland, OR 97202 2423 NW Savier Street Portland,OR 97210 PROPOSAL A request to annex an a proximately 2.03-acre ro erg, plus right-of-way on S Hall Blvd and SW 92n Avenue (.07-acres) to the ity of Tigard,rd, The subject property received land use approval from. Washington County (TACO) under the County's TO: -18-24 zone and subdivision standards on September 22, 2006 OrrCase No.06-266-S/HRV/AMP). Site work, includin streets and utilities, fat the subject property='s 33--lot subdivision is approximately 90,/0 complete. LOCATION: 9325 SW Hall Blvd, east of Greenburg Rd.; Washington County Tax Map (WCTM) 1512613 ,Tax Lot 01100. CURRENT ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24) The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one- half mile: of light tail transit stations;within one-quarter anile of existing and planned primary flus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or risers to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a coinplernentary mix of land uses; (4) is designed to encour}ge people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts.Tlae MUR zoning district is designed to rninappply to predoandy residential areas where mixed-uses are permitted when con atn1e with the residential use. A 111211` density (MUR-1) and. moderate density (.TUR-2) designation is available wid-i n the 1\,1UR zoning district. UR-1 ( ordie n half of the pro et j`�y') to implement the Ci�y7's comprehensive plan map designation under the City's�asllsn ton Square Regional Center Plan zone, MUR-2 (southern half of the property=) is most similar to the County's TO R-18-24 zone. 2\1O 3T AGE TQ'l fiiI iOME"S ANNEXTION ZC_r2008-00005 P AGE 1 OF S d APPLICABLE VIEW CRITERIA-. Tlae approval standards for annexations are described in Cortunin-ity Develowent Cade Chapters 18.320 and 18.390; Cram rehensive Plan Goal 1.1, Goal 11.1 6Policy 4), Goal 11.3 olicy 6), and Goal 14 Policy 1-4) CARS Chapter 222; and Metro Code Chapter 09. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation ( 008-00005) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3,09, Community Development Cede Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1, Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 14. Therefore, staff recd ends APPROVAL of 008.00005 by adoption of the attached ordinance. SECTICDN III. BACKGROUND INFORMATION Wash' gton Coun r approved a 33-lot subdivision on the subject pro erty (WACO Case No.06-266- S/HRV/AMP) un er the TO: R-18-24 zone and subdivision standards; s of the date of this application, site work, including streets and utilities, is approximately 90% complete. When the applicant recently submitted the final plat for review by the County, the County discovered that the project area included a portion within the tty of Tigard that had been annexed by the City in 1987 (portion of a vacatedlit-of - way) and would not final the plat, To solve this problem, the City and County agreed to both signle plat upon annexation of the remainder of the subject site. Thepproposed annexation includes one (1) iarcel and adjoining right-of-way can SW Hall Boulevard and S' 92 avenue, The total area proposed or annexation is 2.10 acres. The subject parcel is 2.03 acres and the proposed right-of-way is approximately 0.07 acre. The City invited all (four) adjacent property owners to join the annexation and received no response. No registered voters live within the pro�pposed annexation area. The a plicant/property owner owns 100% of the subject acreage signed for on the petition to annex. Therefore, 100% of property owners have petitioned for annexation. SECTION IV. APPLICABLE REVIEW CRITERIA FINDINGS TD CONCLUSIONS State. 016 Chapter 222 Regional: Metro Cade Chapter.3.09 City; Community Developmerit Code Chapters 18.320 and 18..390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal IM) (Policy 6), Goal 14.2 (Policies 1-4). A. CITY of TtGARD Commu iTy 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; Cha ter 18.320.020.B. Anuroval.Process and Standards. Approval Criteria. The d6cision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: MONTAGE TOWN TOMES ANNE-XATICO 7 C A2008-00005 PAGE 2 OF 8 to provide service 1.All services and facilities are available to the area and have sufficient capacity for the proposed annexation area; The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to storinwater management,water supply and distribution,wastewater management, corrununity facilities, and private utilities. In addition the comprehensive Plan Glossary includes public safety, parlis, and transportation. Each service is addressed below. Washington County approved a 33-lot subdivision on the 2.03 acre proper under the County's TO: R- 18-24 zone and subdivision standards (WACO Case No.06-266-S/HR'V/AN.��). Water —TVWD. Tualatin Valley Water District is the current service provider for the subject property and would remain the service provider upon annexation. Sewer — Clean Water Services. Clean Water Services (CWS) is the service provider of sewer service. According to the December 19,_2008 email to Torn McConnell, the applicant's representative, from Greg Berry, City Enzineer, the City relies on the County approval to have determined that the capacity to provide retail revel sewer seivice without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Draina—ae — Clean Water Services. Clean Water Services is die current provider of storinwater services. According to the December 19, 2008 email to Torn McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the Count), land use approval to have determined that the ca acity to provide retail level storm sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Streets — City of Tigard Engineering Division. The subject property is located nortli of and at the terminus of SW 92'd � venue, a County road. The property is located south of SW Hall Blvd, a state road. The Montage Townhomes subdivision al�)roval through Washington County includes an internal private street, According to the December 19, 26 8 email to Torn McConnell, the applicant's representative, from Gregg Berry, City Engineer, the annexation would not affect City streets. No than e of jurisdiction applies to this annexation as only small adjacent portions of each street are included in Ye proposed annexation territory. Police,— City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and according to the December 17, 2008 email to Tom McConnell, the applicant's representative, from Jim Wolf, Public Information Officer with the Tigard Police Department, the City has no issues with the project. Fire —Tualatin Valley Fire and Rescue (TV-F&R). The subject proerty is in Tualatin Valley Fire and F Rescue's &R's) service area. The TVF&R District currently provides services to the entire area, both inside90vtutside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emerey n I iincident and implement such actions as may be necessary for fire and/or I rescue operations to developed and undeveloped land within the City of Tigard. Parks—City of Tigard/Metz er LID. Agreement,to die Tigard Urban Services Agreeent, The City is designated as the provider o?parks within the 1roan Services Area and is a Joint provider of services within the Metzger Park Local Improvement District (LID), Actual provision of services deends on annexation of territory within this service area, subject to the City's Park System Master Aan. The annexation of the subject property does not affect the Metzger Parl:LfD. Based anon this review, staff finds that all nublic services and facilities (as defined by the Comprehensive Plan) are available to the nronosed annexation territoLy and have sufficient ca acv -to provide-service to the monosed annexation -tentito1v if develor)ed to the most intense use allowed and will not significantly reduce aie level of services available to developed and undeveloped land in the Ci1y of Tigard. MONTAGE TOWNHONM'S ANNE-XATIOIN ZCA2008-00003 PAGE 30FS 2. The amlicable Comprehensive Plan policies and implementing ordinance 'Provisions have been satisfied. The follow T;in , Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal Cy 11.1, P0 liGoal 11.3, Policy, 6; and Goal 14, Policy 1- 4. Staff has determined that the proposal has I satisfied die applicable Comprehensive Plan policies based on the following findii ji . Goal 1.1- Citizen Involvement. The City shall provide citizens, affected agencies and other I jurisdictions the opportunity to participate in all phases of the planning process. The City,maintains an onfloing Citizen involvement program. To assure citizens will be rovided an opportunity to be involve in A phases of the planning process, the City provides notice lor Type TV 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 6, 2009: Tigard Library, Tl%',91rd City Hall, Tigard Permit Center, and at the subject property on SW 9352 SW Hall Blvd. The City published notice of die hearing in The 2' 24, 2009,publiard Dialalitt Sbenpood Tiives for two successive weeks (March 5, 2609 & March 12, 2009) prior t,, The City also mailed notice to all interested parties and h 'rm Surrounding properq,owners within 500 feet on Ivlarch 2, 2009. In addition, the City maintains a Est of interestedardes organized by geography. Notice was mailed to interested parties in the East area on February= G, 2Z. Eds that this Molise is met. Goal 11.1: 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 applicant's land use a royal from Washington County shows the project's storm sewer is served by CleariVater Services in *92"'Avenue. Therefore, d-iis policy is met. Goal 11.3: 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 ap lican t'; land.use a roval from Washington County shows the project's sanitary sewer is served by Clean ater Services in SV92""Avenue. Therefore, fl-iis policy is met. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary SIT.. including theap ate annexation of unincorporated properties. i ropri PO icy 1. The City shall assign. a Tigard zon1w district designation to annexed property that most closely conforms to the existing Was ounty zoning designation for that property. The e,ap licablTi rd zoning district designations are addressed below in the findings for Section 18.320.T20.0. In addition, tion, see Table 18.320.1 on the following page: Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. Capacity has been addressed above, consistent with d-iis policy. Policy 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and The availability of the City's public facilities and services has been addressed above, consistent with this policy. B. is consistent with applicable state statute. As reviewed below, staff finds d-rat die provisions of ORS 222 have been met,consistent with this policy. TMONTAGE TOWNHO,\M,S ANNE 3LNTION ZCA2008-00005 PAGE 40F8 Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to:A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Pursuant to the City's annexation policy, tlxe City incited djace xt property o vixens tc joiax the annexation. Noproperty owners responded to the City's in�ritanon The proposed annexation rs located on the nortlxern boundary of the City and would not create an unincorporated island cvitlxixx the City. Public services are availalale as reviewed and alapro ed dxrough tlxe County's land Lice approvalfor the subject Eproperty and as determined in tlxis report regaading serc�ice avarlalaility and capacity; above. The ashington Square Regional Center flan zoning designations will lie applied to tlxe subject property on annexation Chapter 18.320.020.0 Assignment of comprehensive plan and zoning designations. The comprehensive plait designation and the zoning designation placed on the property shall be the City's zoning distract which most close ty 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. The controlli x zoning map for the subject parcel is the 7/9/98 Washington Square Regional Center Study Zoning/Plan I?esignations Draft reap ( xhibit C, Ordinance 00-18), which is consistent with the Comprehensive Plan and Zoning Designations map (Washington�Sqcare Regional Center Plan, September 1999, Page 36x),which shows a split zone on die subject property: iV1UR-1 (\SRCP) on the north and R-5 (WACO) on the south. All of tlxe subject property is currently zoned TO:R-18-24 (Wr'iCO). The County's Transit Oriented R 18- 24 zone permits median density, primarily attached, residential development. The City's UR-2 is moderate density and is most similar to the TO:R-18-24 zone. The City will apply the Washington Square Regional Center Plan zone, MC.iR-1(50 units/acre), to the nordiei.-n half of the property because it would implement the City's comprehensive plan map des ation. The southern half o the property will be converted to UR-2 because it is most similar tc the ounty's zone. Chapter 18.390.060: Type IV Procedure' Annexations are processedCb means of a Type lV rocedure, as governed by Chappter 18.390 of die Coni nunity Develoj�men t'Code (Title 18) using standards of approval contained in 18.390.0203, which were addressed in tlxe previous section. Chapter 18.390 requires City Council to hold a hearisx on an annexation. It also requires the City to provide notice at least 20 days prior to the hearing lay inai and to publish notice at least 10 business days prior to the hearing, the City mailed notice on March 2, 2009, and Dblished public notice in Tlae Ti tin!Trtalalhi Shenvood Times for two successive weeps (March 5, 2009 & arch 12,,2009) prior to the Marc 124, 2009 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 Com areliensive Plan has been acknowledged by the Land Conservation and Development Commission to lie 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; MONTAGE TOWNHOI1£CS ANNt KA.TION ZCA2008-00005 PAGE 5 OF 8 ORS r'gryry n. a ORS 222: State lav ORS 222.120(4)(b), ORS 222.125 and CARS 222.170(1)) allows for a city to annex contiguous territory w Yen 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 teritory: A city is not required to bold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120, ORS, 222.120 requires tide city to hold a public heati,g before its legislative body (City Council) and FFrovide public notice to be published once each week.. for two successive weeks prior to the day of the leatin , to a newspaper of general circulation in die city, and shall cause notices of the hearing to be I osted in four public places in the city 45 days prior to the hearing. The owner of the subject parcel has signed a petition for annexation to the City. The subject parcel is Contiggutous to the City's boundary. The City has acted on its own motion to annex the right-of-way on S Hall Blvd and SW 92 id Avenue,which adjoins the subject properties. The City mailed notice on March 2, 2009, and ublished public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 200 & Match 12, 2009) prior to the March 24, 2009 public bearingg and hosted the hearing notice for public view on February 6, 2009 in the Tigard Library; Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW Half Blvd. Staff finds that the Iarovisrons or RS 222 have been met. 3.Any applicable METRO regulations; Chapter 3.09 of die Metro Codc (Local Government Boundary. Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Dote that this report is available 15 days before the hearing arch 9, 2005 for a March 24, 2009 heatin : Staff has determined that tl-ie applicable METRO re 1<a 'ons etto Code 3.09.040 &(d)) have �een met based on the following ding: Metro 3.09.040 (l (b) Not later than 15 days prior to the date set for a change decision, the approving enti.ty shall make available to the public a report that addresses the criteria in subsections (d) and (g) elo , and that includes at a mininatun 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 agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; The Urban Planning Area Agr.Cement (C_1PAA) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comrelxensive plan and zoning designations addressed earlier in d-i s report and acknowledgements that the City is the ultimate service provider of urban services widiin the Tigard Urban Service Area,including the Metzger/Progress Community Planning Area. The Tigard Urban Service Agreement is between the City, County, Metro, and die service districts for water, sever, transportation, pairs and public safety,. The agreement outlines the rale, provision, area, and lannrng/coordination responsibilities for service providers operating in the Tigard rban Services Area e fUSA). These services are addressed abovat die beginning of this report. As addressed previously in this .report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006) and TUSA (2006). MONM CA2008-00005 P AGE 6 CSF S w (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facilityplans, 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 gals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (URI l (29006) and TI TSA (2006). The pro os ed annexation territory is within the Urban Growth Boundary and subject to the Regional Fra�nevo�k flan and Urban Growth anageanent Functional flan provisions. There are n specc applicable standards or criteria for boundary changes in the Regional Fratneworl� Flan or tlhe UUrban Growth lvlanageent Functional Plan. Flowerer, the City's Coanprchensive Plan and Development Code have been attended to corraplyvitla Metro fainctional plan reciaatretnents. By eo�nplyin with the Development Code and Caxnprehensive Plan, the annexation is consistent with the F nct'ona Plan and the Regional Frameworl 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 opposed territory will remain within. Wasl-in ton County but will be required to be withdrawn f om I he sl7ington County Enhanced Sheriff's Patrol District upon completion cif the annexation. (5) The proposed effective date of the decision. The public hearing will tape place March 23, 2009. If the. Council adopts findings to approve ZCA2008- 00005, the effective date of the annexation will.be 30 days later on,FAprnl 24, 2009. Metra Code 3.09.04 (d (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with c1irectly applicable previsions in an urban service provider agreement or annexation plan adopted pursuant to CPRS 195.065; As addressed previously in this application, the proposed annexation complies with all applicable provisions of urban service rovider a eements (L.P ;J (2004) and the TUS-A (2006� ). The pro osed annexation is in the.Area of Interest anYUrban Service Area,which are subject to the UI? 1 and �Sf�. 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 applicablepprovisions of urban planningor other agreements, other than agreements adopted pursuant to JRS 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 reuirements to the UPA, providing Washington County with 45-da notice prior to the public hearing, the a Bement states that Oso that all properties within the Tigard urban Service Area will be sewed lay the t ty, the County 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 Flan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By co plyi-ig with theCity of Tigard Community Development Code and Compreliensive Plan, the annexation is consistent with the P Functional Plan and the Regional Framework Plan. S. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services, MONTAGE TOWINT ONMES'ANNE A1I0N ZCA2008-00005 PAGE 7 OF 8 d 4 The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the 7 l TS (2046),which ensures the timely, orderl , and efficient extension of public facilities and urban services, it is contiguous to existincity limits an services; and lastly, urban services are available to the proposed annexation territory and Eve 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 state and local laws and found it to be consistent. Tigard CDC 18.390.060) .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. As demonstrated hi previous sections of this report, the proposed annexation is consistent with all applicable provisions of the Tigard Development Code. SECTION VII, OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and provided comments in a December 19, 2008 email from Brian Trager which identifies that sewer and storm set-vices provided to the subject property come from Washington County unincorporated territory and are provided by CWS;water is provided by TV D, The City of Tigard Police Department Public Information Officer, Jim Wolf, commented that the Department has no issues with the project. The City of Tigard Engineering Division Engineer, Greg Berry, commented in a December 19, 2008 email to Tom McConnell,applicant's representative, that the annexation would not affect City streets. SECTION VIII. AGENCY COMMENTS Tualatin Valley Mater District (TV ID) Senior Engineer Stuart Davis commented that the District had no objections to d-e annexation. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property, owners within 500 feet and all interested parties on February 6, 2009. As of die date of this report; staff has not received any written public comments. March 5, 2009 PREPARED' GF ry Pagenstecher DATE Associate Planner INIQNTAGE TOWNTHOMES ANNEXATION ZCA2008-00005 PAGE 8 OF 8