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Ordinance No. 10-10 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2010- ) AN ORDINANCE ANNEXING .78 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE JAPANESE INTERNATIONAL BAPTIST CHURCH ANNEXATION (7—CA2010-00001) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the 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 July 27, 20 10, to consider the annexation of one (1) parcel Washington County Tax Map (WCTM) 1S135AD, Tax Lot 2700) of land located on SW Spruce Street and adjoining right-of-way, and withdrawal of said parcel and right-of-way from the Washington County Enhanced Sheriff s 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 July 27, 2010; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the 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 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 Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and ORDINANCE No. 10- D Page 1 WHEREAS, the Tigard City Council passed Resolution 10-09 to extend the phasing in of increased property taxes over a three-year period at the rate of 33 percent, 67 percent, and 100 percent, for properties that voluntarily annex until February 2011 per Oregon Administrative Rule (OAR 150- 222.111); 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 and right-of-way as described and shown in the attached Exhibits "A" and "S", and withdraws said parcel from the Washington 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" (ZCA2010- 00001) as findings in support of this decision.; a copy of the staff report is attached hereto as Exhibit "C" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to tape all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administtative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: The Tigard City Council hereby authorizes the phasing in of increased property taxes over a three-year period at the rate of 33 percent, 67 percent, and 100 percent per Oregon Administrative Rule (OAR 150-222.111) for the subject annexation. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property frorn Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. ORDINANCE No. 10- 1 Page 2 PASSED: By I A.011)h vote of all Council members present after being read by number and title only, this 14 day of L. , 2010. 41, Cthy Wheatley, City Recorder APPROVED:By Tigard City Council this day of ! , 2010. raig Dirksen, Mayor .Approved as to form: City Attorne �°%7✓rte Date ORDINANCE No. 10- Page 3 Urax A Annexation Description A part of Block M and of Lot 1, Block "O", Metzger Acre Tracts, Washington County, Oregon, more particularly described as follows: Beginning at a point marked by an iron pipe set at the Northwest corner of the George Richardson Donation Land Claim being also the Northeast corner of said Block"O";thence South 0°11'West 150.3 feet; thence North 89°06'West 84S feet; thence North 110 feet; thence continuing North along the East lute of that certain tract conveyed to Geotge C, Plagman, et ux,by deed recorded April 17, 1951, in Boob 319, Page 324, Deed Records of Washington County, Oregon, 116.24 feet; thence North 89°58' East 85 feet; thence South 77.14 feet to the point of beginning. Along with: A tract of land located in the Northeast ane-quarter of Section 35,Township 1 South Range 1 West, Willamette Meridian described as follows: Beginning at the Southeast corner of Trent Terrace being on the northerly right of way of SW Spruce Street; thence North 89° 58' 00" East, along said northerly right of way, a distance of 250.30 feet to the easterly right of way of SW 85" Ave.; thence South 00° 02' 00"East, along the southerly extension of said easterly right of way, a distance of 60.00 feet to the southerly right of way SW Spruce Street;thence South 89° 58' 00" West,along said southerly right of way, a distance of 250.33 feet; thence North 00° 00' 09" West, leaving said southerly right of way, a distance of 60.00 feet to the point of beginning. 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AD ��!'�\ �� '2100 I .18 AC 2900 w '! _ -..so; ;'•l'..::: ";' �'• .,.., et2800 8 Ac 24 • `. iw_ ' .2aAc z � �� �,� • fit,' ,.IT ';.fJi�',�'' fl2-F14 `76.18 5«: --•• ,.._, ?CPk 4�:�.,{'; -�.,�' .a t' ' �;! t ,,.i.a9lia CHS ,'`.'',<}:,; '•, '� ,'Y4`.. _ 2700 niJcwtcEaE<�-- •' ,'' 4900 4800 6 t%' .44 AC > s�nfpry, * .4 1: `f'` •'x..,.`.`.i,' ",,,' 2 Sj 1r ]� r!� ", 5 � `°w �' cry;- b `. Dpi' SR9L0-0OH m y 60 2 00 700 20 630 60.0' ; t' •, 3 4 5 3 t 2 r r °� N� ae.3s ar.9a 9tao 9t.00 _ \ 5wJ0E7.LE 65Nes°c4'ao"v! '�'.'� xi.90 Cancelled Taxdofs For, 1 S135AD f, 360001 25fla212}30a2503. 04092 20 20,50 ,13033604,2304,800o.1 4000, 0100« 4200 302, 2F2, 2404.2406. I ) 1 430 00 t 3 1$ $n n� J OUF[i'ILLE 4700 S o- 5775 �'K;ty - t y: a.e aoea b IZ s 4e.n4 �Bq.OR6't aiCe 446 1I I i 8 m 20• 7 45001 6 :,r3.8$AC G0 Hearin Date; ul 27 2010 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL t FOR THE CITY OF.TIGA:RD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: APANESE INTERNATIONAL BAPTIST CHURCH ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2010-00001 APPLICANT/ Japanese International Baptist Church OWNER: Attn: Peter Ladleyy 8500 SW Spruce St. Tigard, OR 97223 PROPOSAL: A request to annex approximately .44 acres of property, plus right-of-way on SW Spruce Street (approximately.34-acres) to the City of-Tigard. LOCATION: 8512 SW Spruce Street, east of SW Hall Boulevard; Washington County Tax Assessor's Map 1S135AD,Tax Lot 02700,plus adjoining;right-of way. COUNTY ZONE: R15: Residential, 12 units/acre minimum density, 15 units/acre maximum density. The intent and purpose of the R15 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than fifteen (15) units per acre and no less than twelve (12) units per acre, except as otherwise specified by Section 3002 or Section 3005 of the Washington County Community Development Code. EQUIVALENT CITY ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Developp� ment Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1, Goal 11.1 (S'olicy 4), Goal 11.3 (Policy 6), and Goal 14.2 (Policy 1-4); ORS Chapter 222; and Metro Code Chapter 3.09. JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010-00001 PAGE 1 OF 9 SECTION H. STAFF RECOMMENDATION Staff recoarimends that.the Counc find that the proposed annexation (zGA2410 00001) raaeets all the approval criteria as ideiitified n ORS Ghpter ti22, 1Vetro Code Chapter 3 09, Comsnuniy Development Code Chapters , 320 and 1$390;,and the followiii Comprehensive Flan',G als aid Pokcies" Goal , Goad 111, 'ohcy , Gpat 11.3,Polio:6, and Goal 14 2,Policy 14 Therefore, staff'; recouiuends APPROVAL ofZCA2010 00001 by adopoan of The attached ordinance SECTION III. BACKGROUND INFORMATION The annexation -request has been initiated by the property owner Qapanese International Baptist Church). The subject property was purchased by the Church in 2009. Plans are to expand the existing church facility, which is located east of the subject property within the City of Tigard, onto the property to be annexed. Construction is planned to begin sometime next year once the applicant receives land use and building permits from.the City. This annexation re nest includes one (1) parcel in Metzger,located in the south of SW Spruce Street between SW Hall Boulevard. and SW 85th Avenue. A portion of the Spruce Street right-of-way is already located within the city limits but does not include the portion adjacent to the subject property. Staff has proposed the annexation of the remaining Spruce Street right-of-way from the city limits through the intersection of SW 85'x' Avenue. The proposed territory is located within the City of Tigard's Area of Interest and Urban Service Area,which are subject to the policies of the Urbana Planning Area.Agreement(2004) and Urban Services Agreement(2006). All property owners of land and registered voters in the proposed territory have consented to the annexation. The previous property owner (Marry Anderegg) still resides in the home on site and has signed the petition to annex. The City invited property owners of two adjacent parcels to join the annexation (tax lots 2800 to the west of the sub ect property and tax lot 501 to the east of the church site already in the city limits). Neither owner indicates interest in annexing to the City. SECTION IV. APPLICABLE REVIEW CRITERIA FINDINGS AND CONCLUSIONS City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1-4). State: ORS Chapter 222 Regional:Metro Code Chapter 3.09 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: Chapter 18.320.020.B: Approval Process and.Standards. 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 Public'Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to stormwater management, water supply and distribution, wastewater management, community facilities, and private utilities. In addition the JAPANESE INTERNATIONAL,BAPTIST CHURCH ZCA2010-00001 PAGE,2 OE 9 comprehensive Plan Glossary includes public safety, parks, and transportation. Each service is addressed below. Water—Tualatin.Valley Water District. Tualatin Valley Water District (TVWD) is the current service provider for the subject property and would remain the service provider upon annexation. A letter to the applicant from TVWD notes that there is adequate capacity and necessary connections and water main extensions may be required for future development. Sewer— City of Tigard/Clean Water Services. Clean Water Services (CWS) is the service provider of sewer service utilizing shared facilities (8-inch line in SW Spruce Street). The home on the site is currently served by this line. Once the property is annexed, the City will become the provider. No known capacity issues exist. Drainage — Clean Water Services. Clean Water Services is the current provider of stormwater services. A ditch runninl along the front of the property now serves the site. There is a City storm line available in Spruce Street Just northwest of the site. The appropriate water drainage system will be installed in compliance with Clean Water Services and City of Tigard design standards at the time of redevelopment. Streets — City of Tigard Engineering Division. The subject property is located south of SW Spruce Street, a County road. The site is currently accessed via Spruce Street. The proposed annexation will not affect this access. A portion of Spruce Street is within the city limits. Annexation of the remainder through the intersection with SW 85"Avenue is proposed with this application. Police -- City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and according to an April 22, 2010 email to the applicant from Jim Wolf, Public Information Officer with the Tigard Police Department; Tigard Police have adequate services to serve the most intense allowed use andproviding services will not significantly reduce the level of services available to other land within the City of Tigard. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (IVV F&R's) service area. The TF&R District currently provides services to the entire area, both inside and outside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations to developed and undeveloped land within the City of Tigard. Parks—City of Tigard/Metzger LID. According to the Tigard Urban Services Agreement, The City is designated as the provider of parks within the Urban Services Area and is a joint provider of services within the Metzger Park Local Improvemaent District (LID). Actual provision of services depends on annexation of territory within this service area, subject to the City's Park Systema. Master Plan. The annexation of the subject property does not affect the Metzger Park LID. Based upon this review, staff finds that all public services and facilities as defined by the Comprehensive Plan are available to the proposed annexation territo1y and have sufficient ca aci to rovide service to the ro osed annexation territory if developed to the most intense use allowed and will not sienificantly reduce the level of services available to deveIol2ed and undevelo ed land in the City of Tigard. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy - 4. Staff has determined that the proposal has satisfied the aonlicable Com rehensive Plan policies based on the following ftndin s: Goal 1.1. 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 ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City poste&the hearing notice at four public places on June 11, 2010: Tigard Library, 'Tigard City Hall, Ti rd Permit Center, and at the subject property on 8512 SW S12race Street. The City published notice of JAPANESE INTERNA'T'IONAL BAPTIST CHURCH ZCA2010-00001 PAGE 3 OF 9 the hearing in The Tigard Tualafin Sherwood Times for two successive weeks Quly 8, 2010 &July 15, 2010) prior to the July 27, 2010, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on July 7, 2010. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties on July 7, 2010. Staff finds that this pohcy 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. There is a ditch in front of the subject proper After annexation, the applicant intends to request a Conditional Use Permit to expand existing church facilities located on the adjacent parcel. The applicant will be required to connect with the City storm system within Spruce Street upon development of the site. Therefore this ohe 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 City will bili the owner for sewer services currently billed by Clean Water Services upon annexation into the City. Therefore, this policy is met. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, includin the appropriate annexation of unincorporated properties. Policy 1. The City shall assign a Tigard toning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designations are addressed below in the findings for Section 18.320.020.C. In addition, 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 this 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 that the provisions of ORS 222 have been met, consistent with this policy. 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, the City invited adjacent property owners to join the annexation. No property owners responded to the City's invitation. Public services are available as determined in this report regarding service availability and capacity,above. The proposed annexation is located on the northern boundary of the City. The proposed annexation of adjacent right-o£way (ROW) will create a small unincorporated island within the City. The reason for annexing the entire ROW between SW hall Boulevard and SW 85t' Avenue is to create a more uniform boundary. JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010-00001 PAGE 4 OF 9 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 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 whish 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. All of the subject property is currently zoned R-15 (WACO). This zone is intended for residential development at no more than 15 units per acre and no less than 12 units per acre. Table 18.320.1 in the TDC summarizes the conversion of the County's plan and zoning designations to City designations which are most similar. According to this table, the City designation most similar to R-15 is R-25 zoning. Because there is no R-15 zone within the City of Tigard, R-25 is applied. This zoning permits residential development with a minimum lot size of 1,480 square feet per unit (roughly 25 units per acre), Both of these zones have Comprehensive Plan designations of Medium High density. When determining this designation, staff also considered R-12 zoning since adjacent Tigard properties are zoned R-12. The Comprehensive Plan designation for R-12 zoning is Medium Density Residential,which is not the same designation as the current R-15 Medium High Density Residential. The zone permits residential development with a minimum lot size of 3,050 square feet per unit (roughly 12 units per acre). Further to the east, properties are zoned R-7, R-4.5 and R-5 (WACO). The R-25 zoning seems somewhat inconsistent with these lower density zones. To annex the property at a lower density would be down zoning. This is permitted, but would require a zone change request in addition to the annexation. Due to time constraints the applicant wishes to proceed with the designation outlined in the TDC -25). Although there is no guarantee, the applicant does not intend to develop the site with residential units but rather to expand existing church facilities onto the annexed property. Chapter 18.390.060: Type IV Procedure Annexations are processed 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. Cha ter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provil notice at least 20 days prior to the hearing by rrnail and to publish notice at least 10 business days prior to the hearing; the City mailed notice on July 7, 2010, and published public notice in The Tigard Tualatin Sherwood Timer for two successive weeks (July 8, 2010 &July 15, 2010) prior to the July 27,2010 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 Comapprehensive Plan has been acknowledged by the Land Conservation and Development Co�ttanna ssion 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 territory when 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 owmotion to annex contiguous terrin.tory. 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 provide public notice to be published once each week for two successive weeks prior to the day of the JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010-00001 PAGE 5 OF 9 hearitzg, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be pasted 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 contiguous to the City's boundary. The City has acted on its own motion to annex the right-of-way on SW Spruce Street,which adjoins the subject property. The City mailed notice on July 7, 2010, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeps (July 8, 2010 &July 15, 2010) prior to the July 27, 2010 public hearing and ppasted the hearing notice for public v tew an June 11, 2010 in the Tigard Library, Tigard City Hall, Tigard Permit Center,and at the proposed territory on SW Spruce Street. Staff finds that the provisions of ORS 222 have Leen met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Cade (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the Metro reeulations for Local Government Boundary Chan es and addressed the applicable re ations {Metro Code 3.09.045Ld) & e1 and 3.09.050, below: Metro 3.09.045 (d) and(e) The proposed annexation is not being reviewed through an expedited process, but subsections (d) of Metro Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed. (d) To approve a boundary change through an expedited process, the city shall: (1) Find that the change is consistent with expressly applicable provisions in: (A)Any applicable urban service agreement adopted pursuant to ORS 195.065; The Urban Planning Area Agreement (UPAA — 2006) between the City and the County provides coordination of comprehensive planning and development, defies the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation alicies include the assignment of earnprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate servicerovidex of urban services within the Tigard Urban Service Area,including the Metzger/Progress Commizruty Planning Area. The City has followed all processing and notice requirements in the UPAA,providing Washington County with 45-da 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 Tigard Urban Service Agreement (TUSA — 2004) is between the City, County, Metro, and the service Districts for water, sewer, transportation, parrs and public safety. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. These services are addressed above at the beginning of this report. The annexation proposal is consistent with this a reement. (B) Any applicable annexation plan adopted pursuant to ORS 195.205; These statutes outline the process for annexations initiated by a city or district, including public hearings and voting procedures. This annexation was initiated by the property owner. The applicant has submitted a petition to annex signed by both the property owner and registered voter who lives at the home. (C)Any applicable cooperative planning agreement adopted pursuant to QRS 195.020(2) between the affected entity and a necessary party; JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010-00001 PAGE G OIC 9 ORS195.020(2) speaks to cooperative agreements between counties or Metro witli each special district that provides an urban service within the boundaries of the county or the metropolitan district. Special districts would include fire, water, school, and sewer districts. These districts are the same within the county and ciwith the exception of the sewer district, which is the City of Tigard. Planning for these areas will stillbe considered by the same special districts upon annexation due to existing agreements set up with the City. (D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning foals and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of periodic review. New Comprehensive Plan goals and policies for public facilities were adopted in 2008 (Goal 11), and the applicable goals and policies were addressed previously in this report. The proposed annexation is consistent with the Tigard Public Facility Plan. (E)Any applicable comprehensive plan; and The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed previously in this report. (2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic provision of public facilities and services; (B) Affect the quality and quantity of urban services; and (C) Eliminate or avoid unnecessary duplication of facilities or services. The site is adjacent to the City in an area already serviced by sanitary facilities and water. Fire and police protection is provided b county wide services. Other services are offered through the Tigard Urban Services Agreement. Tge proposed annexation will not affect the provision of public facilities and services, but will allow the applicant to develop the parcel under City regulations and expand the church facility already located on an adjacent parcel witkiin the City of Tigard. (e)A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and outside the UGB. Neither a city nor a district may extend water or sewer services from inside a UGB to territory that lies outside the UGB. The property to be annexed is not outside the UGB. This criterion is not applicable. Metro 3.09.05 (b)(b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsection (d) below, and that includes at,. minimum the following: Note that this report is available 15 days before the hearing Quly 13, 2010 for a July 27, 2010 hearing). (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) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory willremain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriff s Patrol District upon completion of the annexation. (3) The proposed effective date of the boundary change. JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010-00001 PAGE 7 OF 9 The public hearing will take place July 27, 2010. If the Council adopts £iatadings to approve ZCA2010- 00001, the effective date of the annexation will be 30 days later on August 26, 2010. (c) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The applicant has provided findings within a narrative that addresses the applicable criteria. (d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (d) and (e) of Section 3.09.045. The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously addressed in this report. �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. Resolution 10-09 extended previously approved incentives for property owners that voluntary annex into the city limits through February 2011. These incentives include waiver of the annexation application fee, assistance with paperwork and, phasing in of increased property taxes. These incentives have been extended to the applicant. To ensure property tax increases are properly phased, the phasing language is included in the proposed ordinance. AS demonstrated in previous sections of this report, the proposed annexation is consistent with all other applicable provisions of the Tigard Development Code. SECTION VIL OTHER STAFF COMMENTS The City of Tigard Police Department Public Information Officer,Jim Wolf, and the City of Tigard Public Works Department both commented that there were no issues with the project. The City of Tigard Development Review Engineer commented that annexation should be to the centerline of right-o£way of Spruce Street and that the lot to the west should be invited to annex at this time. SECTION VIII. AGENCY COMMENTS Qwest noted that the site was outside the Qwest service area. Verizon reviewed the proposal and stated no objections to it. NW Natural Gas commented on the proposal as if the right-of-way were being vacated and requested a public easement be provided to protect NW Natural facilities within the vacation area. This proposal is for annexation into the City limits only and not a vacation of the public right-of-way. Upon further discussion with NW Natural and the Private Development Review Engineer, Gus Duenas, it was determined that an easement is not necessary at this time. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property owners within. 500 feet and all interested parties on July 7, 2010. One public comment was received from Mr.John Frewing via e-mail. Mr. Frewing stated there was an Intergovernmental Agreement signed by both Washington County and the City some 30 years ago that included factors to be considered when Tigard annexed areas from Metzger, one of which involved a vote JAPANESE INTERNATIONAL.BAPTIST CHURCH ZCA2010-00001 PAGE S OF 9 of the citizens of the Metzger area. He also noted that the Notice did not list this agreement as part of the applicable approval criteria. RESPONSE: Staff reviewed. the Urban Planning Area Agreement (UPAA) previously discussed. Under the Comprehensive Planning and Development Policies section of the agreement, subsection Annexation, there is one requirement specific to the Metzger/Progress Community Planning Area that states: The City agrees in principle to a plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area within the City Area of Interest. Not contrary to the foregoing, the City reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the City pursuant to Oregon Revised Statutes. A vote is not required as this annexation was initiated by the property owner. Both the owner and registered voter signed the petition to annex. Agreements such as this must be addressed per Metro code 3.09,which is addressed previously in this report. This code section is cited as part of the rei7iew criteria. .� _July 14, 2010 PREPARE Y: Cheryl Caines DATE Associate Planner JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010-00001 PAGE 9 OF9 - VICINITY MAP ZCA201 0-00001 JAPANESE INTERNATIONAL . BAPTIST CHURCH ANNEXATION � Subject Site 4 Right:-of-Way R information € I nforma on on this map is for genera location only and should he verified with the Development Services Division. T Scale 1:2,504-1 in=208ft Map ponied at 12:29 PM on 10-Jun-10 DATA ISOERNEO rROM MULTf LE SOURCES.THE OHY OF n Ro MAKE$NOy RRA Y,RSPRCSENTAMNOR GVARAXMEASTOTHE E CONTENT,ACC fACY,TtFAE!HESS OR COMPLE€E#ESS OF AxYpfTHE 9ATA PROL'1GED H'RFjN,THE CI7YOFTY�AFIOSHALI ASSUME NO LVBiuN PGk AV ERkORS.oS.-ARHS.OR 6VACCURACFES tN THE ]NPQRMA AV PROV40EO REOAAOFESS OF aCW CAUSED. City o1 Ti9aro (# 13125 SW Halt Blvd tG PS Ti erd,OR 97223 Feet €1 503 639.4171 C' Q 312 vrxw.&gard-or.gov r TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location (s), hereby petition for, an&give consent to,Annexation of saidro erty to the City of Tigard. We understand that the City wiJI review this request in accordance with ORS Chapter 222 and app glica-ble regional and local policies prior to approving or denying the request for Annexation. LEGEND- PO-Property Owner RV-Registered Voter PAGE OF OV-Property Owner&R texed Voter z AMA. PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO I RV I OV ADDRESS Township/ Map I Tax Lot I Precinct DA f E socf'son Number I Number Number 6r n / �S�a s�.5 5 _ Q . Q2 t >k ph �t r Cr 3, i;��upIn\raasters�revised\an�cpeLv.x�t 2.� _.