Ordinance No. 13-01 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2013-0
AN ORDINANCE ANNEXING 268.14 ACRES OF LAND, INCLUDING TWENTY-NINE (29)
PARCELS AND ADJACENT RIGHTS OF WAY; APPROVING THE RIVER TERRACE
ANNEXATION—PHASE II (ZCA2012-00003).
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 Tigard City Council held a public hearing on January 22, 2013, to consider the
annexation of twenty-nine (29) parcels [Washington County Tax Assessors Map (WCTM) 2S10700,
Tax Lots 1200, 1400; WCTM 2S10800, Tax Lots 1400, 1401, 1402, 1403, 1404, 1405, 1406, 15003
1501, 1503, 1504, 1505, 1506, 1507, 2900, 2901, 3000, 3100 and 3200; WCTM 2S108CA, Tax Lots
100, 200, 300 and 400; and WCTM 2S108CD, Tax Lots 100, 200, 300 and 400] of land located
generally west of SW 150 Avenue, east of SW Roy Rogers Road and north of SW Beef Bend Road,
and adjoining rights-of-way;
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 on January 22,2013; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations;and
WHEREAS, the Tigard City Council has carefully considered the applicant's materials, findings of the
staff report and testimony at the public hearing.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcels and rights of way as
described and shown in the attached Exhibits "A" and "B".
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council' (ZCA2012-
00003) as findings in support of this decision; a copy of the staff report and
supplemental findings are attached hereto as Exhibit "C", and incorporated herein by
this reference.
SECTION 3: 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.
ORDINANCE No.13- Of
Page 1
f
SECTION 4: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By (A Y11M MOLAS vote of all Coun embers present after being read by number
and title only,this a n& day of 2013.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this �� day of4
,2013.
johra. Cook,Mayor
Approved as form:
<�& 6 h'—Al-
A
C(tyj4dey
12-2,1 13
Date
ORDINANCE No.13-01
Page 2
EXHIBIT A
Annexation Description
Area 63
Tigard,Oregon
Project No.0330-009
November 9,2012
EXHIBIT 'A'
PROPERTY DESCRIPTION
A tract of land in Sections 7 and 8,Township 2 South, Range 1 West of the Willamette
Meridian,Washington County, Oregon,being more particularly described as follows:
Beginning at the Northwest corner of Lot 1 of the Davis Place Subdivision,recorded in
Document No. 2001095284,Washington County Plat Records, said point also being on
the East Right-of-Way line of Southwest 150'h Avenue and the North line of the South
one half(1/2)of said Section 8, said Right-of-Way being variable in width;
Thence, along said variable width East Right-of-Way line the following courses;
South 00°03'03"West, 280.30 feet;
South 89°40'51"West, 13.00 feet;
South 00°03'03"West, 50.00 feet;
South 88°31'22"East, 5.00 feet;
South 00°03'03"West, 976.88 feet;
South 89°25'23"East, 8.00 feet;
South 00°03'03"West, 314.88 feet;
North 89°56'35"West, 13.00 feet;
South 00°03'03"West, 351.31 feet;
South 89°59'27"East, 15.00 feet;
South 00°03'03"West, 335.12 feet;
South 89°20'51"West,2.00 feet;
South 00°03'03"West, 335.07 feet, to the Southwest corner of Lot 19 of the
Orcas Estates Subdivision,recorded in Book 66 at Pages 28 and 29,Washington County
Plat Records, and the South line of said Section 8;
Thence, along said South line of Section 8, North 89°59'49"West, 1909.75 feet to the
most Southerly Southwest corner of Parcel 2 of Partition Plat 1990-006;
Thence, along the most Southerly portion of the Westerly line of said Parcel 2, North
00'19'17"West, 110.54 feet;
Thence, along the most Westerly portion of the Southerly line of said Parcel 2 and the
Southerly line of Parcel 3 of said Partition Plat 1990-006,North 89°59'28"West, 702.92
feet to the East line of Tract"A" of said Partition Plat 1990-006, said"Tract A"being a
60.00 foot private access and public utility easement per said Partition Plat;
Thence, along the East line of said Tract"A", South 00°08'53"West, 110.61 feet to said
South line of Section 8;
Thence, along said South line of Section 8,North 89°59'49"West, 60.00 feet to the
West line of said Tract"A";
Thence along said West line of Tract"A" and the West line of said Parcel 3 of said
Partition Plat 1990-006,North 00008'53"East, 659.95 to the Southeast corner of Parcel
1 as described in the Deed to Tigard-Tualatin School District,recorded in Document No.
2006-096063, Washington County Deed Records;
Thence, along the South line of said Tigard-Tualatin School District Tract, South
89°58'36"West, 1313.39 feet to the West line of said Tigard-Tualatin School District
Tract, said West line also being the Section line common to said Sections 7 and 8 ;
JA0330-009.1 2\C6mspNSur y\PD Annexation-AREA 63-doer 't
Thence, along said Section line and the West line of said Tigard-Tualatin School District
Tract,North 00'01'16"East, 659.35 feet to the Northwest corner thereof and the
Southeast corner of a tract of land in said Section 7 described in the Deed to Baggenstos
Properties,LLC, recorded in Document No. 2003-058705,Washington County Deed
Records;
Thence, along the South line of said Baggenstos Tract, and the Westerly extension
thereof, South 89°57'02"West, 1338.68 feet to the West Right-of-Way of Southwest
Roy Rogers Road, said Right-of-Way being variable in width;
Thence, along said variable width West Right-of-Way line the following courses;
North 00°08'47"East, 868.12 feet;
North 04°53'21"West, 192.56 feet;
North 00'17'52"West, 675.06 feet,to the Westerly extension of the North line
of a tract of land described in the Deed to Gerald S. Upchurch, recorded in Document
No. 2003-108665,Washington County Deed Records;
Thence, along the North line of said Upchurch Tract, and the Westerly extension
thereof,North 89°53'24"East, 1357.56 feet to the Northeast corner of said Upchurch
Tract and the Section line common to said Sections 7 and 8;
Thence, along said Section line and East line of said Upchurch Tract, South 00°05'40"
West,419.80 feet to the Southeast corner of said Upchurch tract and the Southwest
corner of the Arbor Pointe No. 2 Subdivision, recorded in Document No. 2006-144877,
Washington County Plat Records, said point also being the North line of the South one
half(1/2) of said Section 8;
Thence, along the North line of the South one half(1/2)of said Section 8, also being the
South line of Arbor Pointe No.2 Subdivision per Document No. 2006-144877, and
Meyers Farm Subdivision,recorded in Document No. 2000-049765,Washington
County Plat Records, and Pleasant View Subdivision, recorded in Book 79 at Pages 3
through 5,Washington County Plat Records, and Sunridge Heights Subdivision,
recorded in Document No. 2001-032724,Washington County Plat Records , and
Sunridge Heights No. 2 Subdivision,recorded in Document No. 2001-113693,
Washington County Plat Records, and French Prairie Estates No. 2 Subdivision,
recorded in Book 74 at Pages 50 and 51,Washington County Plat Records and French
Prairie Subdivision,recorded in Book 67 at Pages 16 and 17,Washington County Plat
Records,North 89°52'52"East, 3986.89 feet to the Point of Beginning.
Containing 273.208 acres,more or less.
Bearings based on the South line of said French Prairie Subdivision,having a bearing of
South 89°52'52"West.
REGiMRED
PROFESS4OKIA
LAND
JA0330-009.12\Corresp\Sury y\PD Annexarion-AREA 63.doex -2-
EXHIBIT B
SUNRIDGE SUNRIDGE FRENCH PRAIRIE -S.W. CABERNET DR.
HEIGHTS HEIGHTS ESTATES NO. 2 FRENCH
SN
NO. 2 I PRAIRIE 14718
N89'52'52"E 3986.89'
LOT 1
:MEADOWS
2 DOC. NO. POINT OF S
DOC. N0. 2012-013113 BEGINNING a
2012-013113S00'03'03"W v,
280.30' S
LOT 3 589.40'51"W
13.00'
500'03'03"W 1
El
50.00'
S88'31'22"E °D
0o Q
5.00' co
o
w Po
Q vI
LOT 2 0
U)
r
S89'25'23"E
8.00'
S00'03'03"W
SN 15631 314.88'
N 89'56'35"W w
13.00'
PARCEL 1
PP 1990-006 ANNEXATION z
BOUNDARY 500.03'03"W
351.31'
S89'59'27"E
15.00' S
SOO'03'03"W }_
PARCEL 2 335.12'
Ps89 20'51"W
P 1990-006
2.00'
I
SEE SHEET 2 PARCEL 1 PARCEL 2 PARCEL 3
SN 21560 SN 21560 SN 21560 W
N 00'19'1 7"W
500'03'03"W <
110.54'
8 335.07' o v
J 0
17 N89'59'49"W 1909.75'
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON 0 150 300 600
JULY 13, 2004
TOBY G. BOLDEN
603771S 1 INCH = 300 FEET
12-31-13
RENEWAL DATE
05DE
DRAWN
EXHIBIT 'B' DPR WESTLAKE
PAGE 1 OF 4 CONSULTANTS? INC.
C
CITY OF TIGARD TGB ENGINEERING ♦ SURVEYING ♦ PLANNING
SECTIONS 7 & 8, T2S, R1 W, WM I REVISIONS PACIFIC CORPORATE CENTER
WASHINGTON COUNTY, OREGON FOB 15115 S.W. SEQUOIA PARKWAY?STE 150 (503) 684-0652
0330-009 TIGARD'OREGON 97224 FAX 503 624-0157
DR MEYERS ( SU
DOC. N0. FARM SUNRIDGE
2 2003-112375 — PLEASANT VIEW HEIGHTS H
N89'52'52"E 3986.89'
SEE SHEET 4 SEE SHEET 1
ANNEXATION
BOUNDARY
LOT 4 LOT 3
i
— — i/ FINIS
,- - - -f MEADOWS
zl
JI
c I LOT 1 LOT 2
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PARCEL 1
DOC. NO. 2006-096063 I PARCEL 1
(TIGARD—TUALATIN I PP 1990-006
SCHOOL DISTRICT 23J)
I
SEE SHEET 3 ( PARCEL 3
PP 1990-006 —
S89'58'36"W 1313.39' /
� I .
0) z
J Q PARCEL 2
PP 1990-006
w IQQ
co SEE SHEET 1
0
o I N00'19'17"W
z N89'59'28"W 702.92' 110.54'
PARCEL B
_FEE N0. 88-05782
SN 20259
REGISTERED S89'59'49"E Soo'08'53"W
PROFESSIONAL 60.00' 11 O.61'
LAND URVEYOR
OREGON 0 150 300 600
JULY 13, 2004
TOBY G. BOLDEN
60377LS
12-31-13 1 INCH = 300 FEET
RENEWAL
DATE
EXHIBIT 'B' DRAWN DID
DPD I�I WESTLAKE
PAGE 2 OF 4 CHCKD R j CONSULTANTS? INC.
CITY OF TIGARD HCKDEVISIONS TGB ENGINEERING ♦ SURVEYING ♦ PLANNING
SECTIONS 7 & 8, T2S, R1 W, WM PACIFIC CORPORATE CENTER
WASHINGTON COUNTY, OREGON OB 15115 S.W. SEQUOIA PARKWAY?STE 150 (503) 684-0852
0330-009 TIGARD'OREGON 97224 FAX 503 624-0157
DOC. NO. 2003-108665 Soo-05'40"WT71 �
ARBOR7
Noo*17'52"w (UPCHURCH) 419.80' POINTE DOC. N0.
675.06' N0,2 2003-112375
SEE SHEET 4 p
89'52'52"E 3986.89'
8 SEE SHEET 2
N04'53'21"W
192.56'
I
[V
[if o0 DOC. NO. 2003--058705
(f) (BAGGENSTOS)
It '
w
o 00
rY o
r Z ANNEXATION
0
Of BOUNDARY
u I
S89'57'02"W 1338.68'
in
rl
Lo
In
I cD PARCEL 1
W DOC. NO. 2006-096063
(TIGARD—TU ALATIN
o SCHOOL DISTRICT 230
O
O
Z SEE SHEET 2
I
S89'58'36"W 1313.39'
I
I 7 8
18 17
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON 0 150 300 600
JULY 13. 2004
TOBY G. BOLDEN
60377LS 1 INCH = 300 FEET
12-31-13
RENEWAL
DATE
EXHIBIT 'B' 05D DPR
DRAWN 111 WESTLAKE
PAGE 3 OF 4 CHCKD CONSULTANTS? INC.
CITY OF 11GARD TGB ENGINEERING ♦ SURVEYING ♦ PLANNING
SECTIONS 7 & 8, T2S, R1 W, WM REVISIONS PACIFIC CORPORATE CENTER
WASHINGTON COUNTY, OREGON �B 15115 S.W. SEQUOIA PARKWAY?STE 150 (503) 684-0652
0330-009 TIGARD'ORFGON 97224 FAX 503 624-0157
PARCEL 1
PP 1998-005
PARCEL 2
PP 1998-005
N89'53'24"E 1357.56'
ARBOR
POINTE —
I
DOC. NO. 2003-108665 SOO-05'40"w ARBOR
NOO*17'52"W (UPCHURCH) 419.80' POINTE DOC. NO.
675.06' NO.2 2003-112375
7 r PN119'52'52"E 3986.89'
8 SEE SHEET 2
N04'53'21"W
192.56'
I
co
CV
DOC. NO. 2003-058705
wl (BAGGENSTOS)
O 00
cy- o
0
o z ANNEXATION
BOUNDARY
cn 1
S89'57'02"W 1338.68'
PARCEL 1
DOC. NO. 2006-096063
(TIGARD-TUALATIN
SCHOOL DISTRICT 23J)
SEE SHEET 3
REGISTERED
F
OFESSIONAL
D SURVEYOR
OREGON 0 150 300 600
JULY 13, 2004
TOBY G. BOLDEN
60377LS 1 INCH = 300 FEET
12-31-13
RENEWAL
DATCl
E -
EXHIBIT 'B' DRAWN05D DPR WESTLAKE
PAGE 4 OF 4 CHCKD CONSULTANTS? INC.
CITY OF TIGARD TGB ENGINEERING ♦ SURVEYING ♦ PLANNING
SECTIONS 7 & 8, T2S, RTW, WM REVISIONS PACIFIC CORPORATE CENTER
WASHINGTON COUNTY, OREGON OB 15115 S.W. SEQUOIA PARKWAY?STE 150 (503) 664-0652
0,330-009 L-TIGARD'OREGON 97224 FAX 503 624-0157
EXHIBIT C
Hearin Date: Janua1y 22 2013 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON 91
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: RIVER TERRACE—PHASE II ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2012-00003
APPLICANT: Multiple applicants OWNER: Multiple property ou Hers
Attachment 1 lists applicants Attachment 2 lists owners
PROPOSAL: A request to annex to the City of Tigard approximately 268 acres of property (Metro
Urban Growth Boundary expansion areas 63 and Roy Rogers West (including
adjacent rights-of-way).
LOCATION: Multiple parcels generall located east of SW Roy Rogers Road, west of SVG' 150th
Avenue and north of SV'Beef Bend Road and portions of SVG' Roy Rogers and SW
150th Avenue rights-of-way. Washington County Tax Assessors Map (WCT%\
2S10700, Tax Lots 1200 and 1400. VG CTM 2S10800, Tax Lots 1400, 1401, 1402,
1403, 1404, 1405, 1406, 1500, 1501, 1503, 1504, 1505, 1506, 1507, 2900, 2901, 3000,
3100, and 3200. WCThI 2S108CA, Tax Lots 100, 200, 300, and 400. WCTM
2S108CD,Tax Lots 100,200,300,and 400.
COUNTY ZONE: FD20 Future Development, 20-acre minimum lot size. The FD20 District applies
to the unincorporated urban lands added to the urban growth boundary by Metro
through a Major or Legislative Amendment process after 1998. The FD20 District
recognizes the desirability of encouraging and retaining limited interim uses until
the urban comprehensive planning for future urban development of these areas is
complete. The provisions of this district are also intended to implement the
requirements of Metro's Urban Growth Management Functional Plan.
EFU Exclusive Farm Use. The intent of the Exclusive Farm Use District is to
preserve and maintain commercial agricultural land within the County. The purpose
of the Exclusive Farm Use District is to preserve and maintain agricultural lands for
farm use consistent with existing and future needs for agricultural products, forests
and open spaces; to conserve and protect scenic resources; to maintain and improve
the quality of the air,water and land resources of the County and to establish criteria
and standards for farm use and related supportive uses which are deemed
appropriate. This EFU District is provided to meet the Oregon statutory and
administrative rule requirements.
EQUIVALENT
CITY ZONE: Annexation areas will retain current Washington County zoning until Tigard zoning
is applied with the future adoption of a community plan for the area.
RIVER TERRACE—PHASE II ANNEXATION
ZCA2012-00003 PAGE 1 OF 16
APPLICABLE
REVIEW
CRITERIA: The approval standards for annexations are described in Community Development
Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12,
and Goal 14; ORS Chapter 222;Metro Code Chapter 3.09.
SECTION II. STAFF RECOMMENDATION
Staff recommends that City Council find that the proposed annexation (ZCA2012-00003) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community
Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and
Policies: Goal 1.1; Goals 11.1, 11.2 and 11.3; Goal 12.1, and Goals 14.1 and 14.2. Therefore, staff
recommends APPROVAL of ZCA2012-00003 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
History
Urban Growth Boundary (UGB) Expansion Areas 63/64 and Roy Rogers West were brought into the UGB
by Metro in 2002 and 2012 respectively. Area 64 was annexed into the City of Tigard in 2011 (ZCA2011-
00001). These three expansion areas are now known as River Terrace.
In November 2010, the Washington County Board of Commissioners unanimously approved Resolution &
Order 10-105,approving a concept plan (West Bull Mountain Concept Plan) as the basis to develop a more
detailed community plan for areas west of Bull Mountain. Tigard is currently developing a community plan
for River Terrace that will provide land use designations, development code regulations, and public facility
plans. All of these elements are necessary for River Terrace to be urbanized.
Tigard City Council passed an ordinance in December 2012 (ORD 12-38) to amend the Tigard
Comprehensive Plan map to include land use des�t'ggnn.ations for the River Terrace Community Plan area that
are based on recommended land uses found in Washin�ton County's West Bull Mountain Concept Plan.
The ordinance also amended Tigard Comprehensive Plan Goal 14: Urbanization Policies. These new
policies guide the development of the River Terrace Community Plan.
Proposal Information
The proposed annexation area is made up of 29 parcels totaling approximately 268 acres. The area is
adjacent to Area 64 annexed in 2011 and located generally west of Roy Rogers Road, east of 150"' Avenue
and north of Beef Bend Road. A majority of the property owners (60%) in the area,which represent 73%
of the land area and 64% of the total assessed value, have submitted petitions to annex into the City of
Tigard. These percentages meet what is known as the "triple ma)'ority" method of annexation, which does
not require a public election. However, a public hearing before the Ti rd City Council is required. The
p ose of the request is to obtain services from the City needed to urbanize the area and provide housing
and employment opportunities as envisioned by Metro when the subject areas were added to the UGB in
2002 and 2012.
SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
City: Community Development Code Chapter 18.320 and Chapter 18.390
Comprehensive Plan Goal l;Goal 11, Goal 12 and Goal 14.
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
RB ER TERRACE—PHASE II ANNEXATION
ZCA2012-00003 Ps-�GE 2 OF 16
A.CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITL"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;"
FINDINGS: 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 storm water
management, water supply and distribution, wastewater management, community facilities, and private
utilities. In addition the comprehensive Plan Glossary includes public safety,parks,and transportation.
A conceptual plan was prepared for each service as part of the West Bull Mountain Concept Plan
(WBMCP). Background documentation including technical memorandums regarding alternative water
supplies, transportation, stormwater, and sewer infrastructure needs, was adopted as part of the Concept
Plan findings and illustrate that these services can be provided to River Terrace.
The city is currently developing the River Terrace Community Plan which involves the planning for
specificy land uses and provision of services within the annexation territory. Urban development of the
annexation territory will occur pursuant to the community plan. Services are available to the annexation
territory and will be extended pursuant to the community plan as development occurs,with the exception
of police and fire,which will be provided immediately upon annexation.
The proposed annexation area is currently designated b}, Washington County as rural with FD20 or EFU
zoning and urban services are not currently available. The annexation in conjunction with the adoption of
the community plan will result in the availability of urban services and provide urban land to meet the
Portland Metropolitan Region's employment and housing needs.
Water — City of Tigard. In September 2010 the city adopted the Tigard Water System Master Plan,
which looks at current and projected supply and demands for areas currently served and to be served by
the City of Tigard, including River Terrace. This plan included the proposed annexation area.
Recommended upgrades to ensure future capacity requirements are being or have been completed by the
city. Tigard water is available by extending existing mainlines from the north and east.
The West Bull Mountain Concept Plan reviewed potential suppliers of water for the River Terrace vicinity
and acknowledged that "water provision is most efficient from the east," and that the City of Tigard and
the Tigard Water District are potential providers.
Sewer— City of Tigard/Clean Water Services. The city through agreements with Clean Water Services
(CWS) is and will be the service provider of sewer to the proposed annexation area. The majority of the
proposed annexation area is not currently served, but can be as shown in a 2009 CWS Sanitary Sewer
Service Master Plan, which included the annexation area within study areas of anticipated growth. The
plan calls out pump stations and trunk lines necessary to reach the Durham treatment plant,which has the
capacity to serve the future growth in River Terrace and surrounding areas. Sewer services can be readily
extended into the annexation territory,as development occurs.
Drainage — Clean Water Services. Clean Water Services will be the ultimate provider of stormwater
services in River Terrace. CWS has storm lines within the unincorporated urban areas to the north. The
city will work with CWS to develop a comprehensive stormwater plan to ensure water quality within the
Tualatin River Basin,protect Goal 5 resources within the area, and guarantee sufficient capacity as part of
the River Terrace Community Plan.
Streets — City of Tigard Engineering Division. Theproposed annexation area is accessed primarily by
SW Roy Rogers Road and SW 150`''Avenue,with secondary access from substandard roads (161 `Avenue,
Finis Lane, and April Lane). Existing access will not be affected by the proposed annexation. Rights of
way adjacent to parcels within the area are proposed for annexation to the city. Maintenance of these
roads will be provided by a combination of the City of Tigard and Washington County through
RIFER TERRACE—PHASE II ANNEXATION
ZCA2012-00003 PAGE 3 OF 16
intergovernmental agreements. Necessary improvements to the transportation system within River
Terrace and surrounding area will be identified as part of the community plan.
Police — City of Tigard Police Department. The City of Tigard Police Department was notified of the
proposed annexation and has no objections to theproposal. Tigard Police have capacity to rovide
adequate services to the most intense allowed use and providing services will not significantly reduce the
level of services available to other land within the City of Tigard. The area is currently served by the
Washington County Sheriff. Upon annexation,the area will be served by City of Tigard Police.
Fire —Tualatin Valley Fire and Rescue ('I'VF&R). The subject property is in Tualatin Valley Fire and
Rescue's F&R's) service area. The TVF&R District currently provides services to the entire area, both
inside an outside of the City of Tigard. TN'F&R 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. The West Bull Mountain Concept Plan notes that the River Terrace vicinity is not
located within the boundaries of a parks and recreation provider; therefore the subsequent community
plan will need to identify a provider and adopt standards for development and maintenance of a parks
system. The City of Tigard, named as one of the possible providers uithin the concept plan,will utilize its
adopted standards to provide parks in conjunction with development following annexation of River
Terrace.
CONCLUSION: Based upon the findings above it is concluded that all public services and facilities (as
defined by the Comprehensive Plan) are available to the proposed annexation territory and will have
sufficient capacity to serve annexation territory if developed generally to the most intense uses allowed as
proposed by the concept plan. The comprehensive community plan and its associated implementation
methods will ensure that annexation and development of the area will not significantly reduce the level of
services available to developed and undeveloped land in the City of Tigard. Therefore the annexation
meets this standard.
"2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satis ed."
FINDINGS: The following Comprehensive Plan goals and policies apply to the proposed annexation:
Goal 1, Goal 11, Goal 12, and Goal 14. Staff has determined that the proposal has satisfied the applicable
Comprehensive Plan policies based on the following findings:
"GOAL 1—CITIZEN INVOLVEMENT
Goal 1.1: 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 beprovided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type IV
land-use applications.The City posted,mailed,and published notice of the public hearing as follows:
• The City posted the hearing notice at two public places on December 20, 2012 (Tigard City Hall
and Tigard Permit Center) and two additional locations within the right-of-way along SW 150
Avenue and SVG' Roy Rogers Road on December 26,2012.
• The City published notice of the hearing in The Tigard Times for two successive weeks Qanuary 10,
2013 &January 17,2013) prior to the January 22,2013,public hearing.
• In addition, the City maintains a list of interested parties organized by geography. Notice was
mailed to interested parties on December 27, 2012.
The city also provided notice and sought comment regarding the proposed annexation from the following
affected units of government: Washington County,CWS, City of Beaverton,Metro,Tualatin Valley Fire &
Rescue, City of King City, Portland General Electric,Tigard -Tualatin School District, Northwest Natural
Gas, Metro Area Communications, Comcast Cable Corporation, Verizon, Centurylink, and Washington
County CPO 4B. None of these agencies have expressed objections to the proposed annexation, and all
have had the opportunity to participate in the process.
RIVER TERRACE-PHASE II:ANNEXATION
ZCA2012-00003 PAGE 4 OF 16
"GOAL 11—PUBLIC FACILITIES AND SERVICES
Goal 11.1: Develop and maintain a stormwater system that protects development,water resources,
and wildlife habitat.
Policy.2. The Citi* shall continue to collaborate with Clean Water Services in the planning,
operation, and maintenance of a comprehensive stormwater management system.
Policy 3. The City shall require the stormwater management system to comply with all applicable
federal,state,and regional regulations and programs.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services."
Clean Water Services in partnership with the City of Tigard will be the ultimate provider of stormwater
management within the River Terrace area and will be closely involved in the development of the
community plan to ensure stormwater needs and applicable regulations will be met with future
development. CWS has budgeted to complete a basin-wide stormwater study that will include the River
Terrace vicinity and has begun modeling that will determine the pipe sizing for the area.
Clean Water Services is a member of the community plan Technical Advisory Committee, therefore, the
city is aware of CWS concerns and regulatory needs pertaining to stormwater within the River Terrace
vicinity. If the proposed annexation is approved, the city will request the area be included in the CWS
service boundary as part of the River Terrace Community Plan. The City will require all future
development within the area to comply with CWS standards pertaining to stormwater management. No
services will be provided prior to properties being located within the Tigard City limits.
"11.2 Secure a reliable,high quality,water supply to meet the existing and future needs of the
community.
Policy 1. The Cityshall prioritize securing an interest in a high quality, long-term water supply,
which is financially feasible and reliable,to serve the Tigard Water Service Area.
Policy 2. The City shall develop and maintain a water system master plan to coordinate the
improvement and expansion of Tigard Water Service Area infrastructure to serve current and
projected demand."
The Tigard Water System Master Plan was approved in Se
tember 2010,which included the River Terrace
vicinity. This plan studied current and future supply- andpdemand considering population growth within
areas currently served and those to be served, analyzed the existing system, anrecommended capital
improvements. The city is completing these improvements and upgrades.
"Goal 11.3: Develop and maintain a wastewater collection system that meets the existing and
future needs of the community.
Policy 2. The City shall continue to collaborate with Clean Water Services in the planning,
operation, and maintenance of a comprehensive wastewater management system for current and
projected Tigard residents.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services."
None of the parcels within the annexation area currently receive city wastewater services. The city in
agreement with CWS will be the ultimate provider of this service. The CWS Sanitary Sewer Master Plan
was updated in 2009. The plan included options for serving the River Terrace vicinity and included
necessary improvements to ensure adequate capacity for development of the proposed annexation areas.
These included upgrades to the Durham Treatment Facility,new pump stations, and replacement of pipes
throughout the system.
RIVER TERRACE—PR,,SE II ANNEXATION
ZC-U012-00003 PAGE 5 OF 16
"GOAL 12-TRANSPORTATION
Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the livability
of the community.
Policy 1. The City shall plan for a transportation system that meets current community needs and
anticipated growth and development."
An updated Transportation System Plan (TSP) for the City of Tigard was adopted in 2010 as part of the
city's periodic review. The plan considered both problem and growth areas within the city and the urban
services area, and was consistent with state and regional rules and policies. A multi-modal and balanced
approach was a key in the plan's development.
As part of the West Bull Mountain Concept Plan, the area was extensively modeled by Washington
County. The focus was on impacts to the transportation system surrounding the area upon full urban
build out. The area is currently accessible by SW 150" Avenue, SW Roy Rogers Road, and SW Beef Bend
Road. Through the community planning process the city will address impacts to these ma)'or streets and
ensure adequate and safe access to.these streets from future local streets. The city will coordinate planning
efforts with other affected agences and ,Jurisdictions. Any necessary traffic improvements and related
findings will be adopted into the Tigard TSP.
"GOAL 14 - URBANIZATION
14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within
the Tigard City limits.
1.The City shall only approve the extension of City services:
A.where applications for annexation for those properties have been approved; or
B. in circumstances where applicable state and county health agencies have declared a potential
or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or
Service District Formation); or
C. as outlined in the intergovernmental agreement regarding water provision within the Tigard
Water Service Area"
The city will not approve extension of services prior to the proposed annexation of the area. Upon
annexation, only police and long range planning services will be provided by the city prior to adoption of
the River Terrace Community Plan. Extension of utilities and other services will not occur until after the
adoption of the River Terrace Community Plan and the associated updates of the applicable
utility/infrastructure and financing plans.
"2. The City shall maintain, and amend when necessary, agreements with Washington County
that recognizes the City as the ultimate provider of governance and identified services to the
Tigard Urban Services Area."
The proposed annexation area is not currently within the Tigard Urban Service Area (I'USA). However,
the city will be the ultimate provider of urban services and governance to the entirety of River Terrace.
This fact is recognized and reflected in an Intergovernmental Agreement (IGA) with Washington County
signed in April 2012. This agreement (Attachment 3) includes a provision for Washington County to
temporarily provide planning services to the annexation area until the community plan is completed and
adopted.
113. The City shall, as needed, coordinate and/or participate in planning activities or development
decisions within the Tigard Urban Services Area."
While this is not a policy directly related to annexation, the city is a participant in planning activities and
development decisions within the Tigard Urban Services Area. The city has coordinated with all
jurisdictions and agencies within the annexation territory, including Washington County. The signed IGA
with Washington County requests that the County convene government representatives to amend the
TUSA to include the entire River Terrace planning area.
RIVER TERRACE-PHASE II ANNEXATION
ZCA2012-00003 PAGE 6 OF 16
114. The City shall protect the existing and future delivery of City services and only support the
formation of a new service district, or expansion of existing districts, that will not create a conflict
within the Tigard Urban Services Area."
This is not an applicable policy to the proposed annexation. No new district or expansion of an existing
district is proposed with this application.
115. The City shall enter into and maintain intergovernmental agreement with service districts
operating within the Tigard Urban Service Area to:
A. define short and long term service provision roles;
B. specify the terms and conditions of withdrawal of territory from service districts and the
transition of capital facility ownership and administration to the City;
C. provide for the coordination of plans and programs to eliminate duplicity and minimize
conflict; and
D. ensure that services are provided consistent with the City's adopted Public Facility Plan."
The proposed annexation area is not within the TUSA boundaries; however the city has coordinated with
all jurisdictions and agencies within/near the annexation territory, and extension of services to the
proposed annexation area will be accomplished pursuant to the community plan being prepared by the
city. This plan will be consistent with the city's Public Facility Plan and the Regional Transportation Plan
(RTP)
"Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and
necessary steps,including the appropriate annexation of unincorporated properties.
Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most
closely conforms to the existing Washington County zoning designation for that property."
The current Washington County zoning designations will be retained for the entire annexation area until
adoption of the community plan. Appropriate Tigard zoning district designations are addressed below in
the findings for Section 18.320.020.C.
"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. The city is preparing a community plan for
River Terrace and vicinity in accordance with statewide goals and Metro policies. All systems and capacity
issues will be fully addressed prior to urban level development within the area. Technical memoranda
associated with the West Bull Mountain Concept Plan and current facility plans show that the area can be
provided the appropriate level of services.
"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 future availability of public facilities and services has been addressed above, consistent with this
policy.
"B. is consistent with applicable state statute."
As reviewed in later sections of this report, 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."
No unincorporated islands will be created by the proposed annexation. A majority of the property owners
within the proposed annexation area have submitted annexation petitions. In order to avoid creating
islands within the area, the application proposal is to annex all parcels within UGB Area 63 and Roy
RIOTER TERR:-10E—PHASE II ANNEK,TION
ZC U012-00003 PAGE 7 OF 16
Rogers West. To annex the entire area allows greater efficiency in planning andprovision of future public
services. Inviting additional parcels outside the area to loin the proposal was determined to be
unnecessary at this time.
"Policy 6. The City shall periodically update and/or amend its Public Facility Plan to ensure the
predictable and logical provision of urban services for areas anticipated to be within the Tigard
city limits."
While this is not a policy directly related to annexation, it is noted that the city is currently updating its
Public Facility Plan as part of periodic review. These updates are considering future growth of the city and
allwill,like the Tigard Waster System Master Plan,include River Terrace within the study areas.
CONCLUSION: There have been invitations for public participation in the application review process.
The city has coordinated with all jurisdictions and agencies within/near the annexation territory. The City
of Tigard has the capacity and is the most efficient provider of urban services for the annexation area.
Conceptual plans adopted as part of the county's West Bull Mountain Concept Plan will be refined
through the city's community planningrocess for this area. These plans include utilities and
infrastructure, parks, and transportation. lased upon the above findings, the proposed annexation is
consistent with the city's applicable Comprehensive Plan goals and policies.
"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 which carries County designations, the City
shall convert the County's comprehensive plan map and zoning designations to the City
designations which are the most similar. A zone change is required if the applicant requests a
comprehensive plan map and/or zoning map designation other than the existing designations. A
request for a zone change can be Vrocessed concurrently with an annexation application or after
the annexation has been approved.'
FINDINGS: Parcels within the proposed annexation area currend have one of two Washington County
zoning designations. The parcels with Area 63 are zoned FD20 (Future Development 20 units per acre),
and those within Roy Rogers West are zoned EFU (Exclusive Farm Use). The county's FD20 zoning is
applied to areas that are currently rural but are designated for future urban development. The EFU zoning
is untended to preserve and maintain commercial agricultural land in the county. However, during the
2011 Urban Growth Boundary expansion process,Metro determined that the 49 acres in Roy Rogers West
were very im ortant to the efficient and cost-effective provision of public facilities and services to adjacent
areas and included the area in the expansion.
In December the City passed an ordinance adopting Tigard Comprehensive Plan designations in River
Terrace that conform to the West Bull Mountain Concept Plan designations. However, consistent with
state law, the appropriate urban level zoning will not be applied in the area until the ado tion of the
community plan. Prior to adoption of the Community- Plan the County will continue to administer the
existing County zoning designations.
CONCLUSION: Consistent with state law, the appropriate urban level zoning will not be applied in the
area until the adoption of the Community Plan. Prior to adoption of the Community Plan the County will
continue to administer the existing County zoning designations. Urban level zoning designations will be
applied to the area at the adoption of the River Terrace Community Plan. The code allows zone changes
after the annexation has been approved. Maintaining Washington County zoning designations until after
annexation is consistent with this code regulation.
"Chanter 18.390.060:Type IV Procedure"
Annexations are processed by means of a Type IVprocedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 1 .390.020.B, which
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the city to provide notice at least 10 days prior to the hearing by mail and to
RIFER TERRACE—PI ASE IIANNEXATION
ZCA2012-00003 PAGE 8 OF 16
publish notice at least 10 business days prior to the hearing; the city mailed notice on December 27,2012,
and ublished public notice in The Ti
gand Times for two successive weeks Qanuary 10, 2013 &January 17,
2013 prior to the January 22,2013 public hearing.
"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;"
FINDINGS: The city's Comprehensive Plan has been acknowledged by the Land Conservation and
Development Commission to be in compliance with state planning goals and as reviewed above, the
annexation proposal is consistent with Tigard Comprehensive Plan goals and policies.
CONCLUSION: Theproposal is consistent with the city's acknowledged Comprehensive Plan.
Therefore,the proposal complies with statewide planning goals,including citizen involvement,public
facilities, transportation,and urbanization.
112.Any federal or state statutes or regulations found applicable;"
Oregon Revised Statutes Chapter 222—City Boundary Changes;Consolidations;Withdrawals is applicable
to annexations. The applicable subsections are addressed below:
FINDINGS:
"ORS 222.111. Authority and procedure for annexation. (1) When a proposal containing the terms
of annexation is approved in the manner provided by the charter of the annexing city or by ORS
222.111 to 222.180 or 222.840 to 222.915, the boundaries of any city may be extended by the
annexation of territory that is not within a city and that is contiguous to the city or separated from
it only by a public right of way or a stream,bay,lake or other body of water. Such territory may lie
either wholly or partially within or without the same county in which the city lies."
The proposed annexation area is contiguous to the city.The proposal satisfies this procedural requirement.
11(2) A proposal for annexation of territory to a city may be initiated by the legislative body of
the city, on its own motion, or by a petition to the legislative body of the city by owners of real
property in the territory to be annexed."
This annexation is being initiated by property owners in the annexation area. Signed petitions are found
within the application materials. The legislative body of the city has initiated annexation of some lots in
the annexation territory in order to create a reasonably shaped annexation territory that is conducive to the
orderly and efficient provision of urban services and does not create unincorporated islands. The proposal
satisfies this procedural requirement.
11(3) The proposal for annexation may provide that, during each of not more than 10 full fiscal
years beginning with the first fiscal year after the annexation takes effect, the rate of taxation for
city purposes on property in the annexed territory shall be at a specified ratio of the highest rate of
taxation applicable that year for city purposes to other property in the city. The proposal may
provide for the ratio to increase from fiscal year to fiscal year according to a schedule of increase
specified in the proposal; but in no case shall the proposal provide for a rate of taxation for city
purposes in the annexed territory which will exceed the highest rate of taxation applicable that
year for city purposes to other property in the city. If the annexation takes place on the basis of a
proposal providing for taxation at a ratio, the city may not tax property in the annexed territory at
a rate other than the ratio which the proposal authorizes for that fiscal year."
RIVER TERRACE—PI-NSE II ANNEM-MON
ZCA2012-00003 PAGE 9 OF 16
This section does not include any applicable substantive approval criteria. The application does not
include a proposal regarding the rate of taxation for the annexation area. The applicant recognizes that the
city cannot assess taxes in an amount that exceeds the highest city tax rate for the year. The proposal is
consistent with this section.
"(4) When the territory to be annexed includes a part less than the entire area of a district
named in ORS 222.510, the proposal for annexation may provide that if annexation of the territory
occurs the part of the district annexed into the city is withdrawn from the district as of the
effective date of the annexation. However, if the affected district is a district named in ORS
222.465, the effective date of the withdrawal of territory shall be determined as provided in ORS
222.465."
The proposed annexation area is rural and not within any special districts named in ORS222.465 or
222.510. This section is not applicable to the application.
"(5) The legislative body of the city shall submit, except when not required under ORS
222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the
territory proposed for annexation and, except when permitted under ORS 222.120 or 222.840 to
222.915 to dispense with submitting the proposal for annexation to the electors of the city, the
legislative body of the city shall submit such proposal to the electors of the city. The proposal for
annexation may be voted upon at a general election or at a special election to be held for that
purpose"
This section is not applicable because the application satisfies the requirements of ORS 222.170, as
described below.
"(6) The proposal for annexation may be voted upon by the electors of the city and of the
territory simultaneously or at different times not more than 12 months apart."
Because the annexation will not be submitted to a vote of the electors, this section is not applicable to the
application.
11(7) Two or more proposals for annexation of territory may be voted upon simultaneously;
however, in the city each proposal shall be stated separately on the ballot and voted on separately,
and in the territory proposed for annexation no proposal for annexing other territory shall appear
on the ballot."
Because the annexation will not be submitted to a vote of the electors, this section is not applicable to the
Application.
"222.120 Procedure without election by city electors; hearing; ordinance subject to
referendum. (1) Except when expressly required to do so by the city charter, the legislative body
of a city is not required to submit a proposal for annexation of territory to the electors of the city
for their approval or rejection.
The city charter does not require that the city submit the question of the proposed annexation to the
electors of the city for their approval or rejection.
(2)When the legislative body of the city elects to dispense with submitting the question of the
proposed annexation to the electors of the city, the legislative body of the city shall fix a day for a
public hearing before the legislative body at which time the electors of the city may appear and be
heard on the question of annexation.
(3) The city legislative body shall cause notice of the hearing to be published once each week
for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the
RIVER TERRACE-PHASE II ANNEX.-MON
ZCA2012-00003 PAGE 10 OF 16
city, and shall cause notices of the hearing to be posted in four public places in the city for a like
period.
A public hearing in accordance with this section is being held on January 22, 2013 to hear an owner
initiated request to annex UGB Expansion Areas 63 and Roy Rogers West. Notice was published in the
Tigard Times for two consecutive weeks prior to the hearing and notices were osted in four public places
(Tigard City Hall,Tigard Permit Center,on SW Roy Rogers Road and SW 1501 Avenue) on December 20,
2012 and December 26,2012.
(4) After the hearing, the city legislative body may, by an ordinance containing a legal
description of the territory in question:
(a) Declare that the territory is annexed to the city upon the condition that the majority of the
votes cast in the territory is in favor of annexation;
(b) Declare that the territory is annexed to the city where electors or landowners in the
contiguous territory consented in writing to such annexation, as provided in ORS 222.125 or
222.170,prior to the public hearing held under subsection (2) of this section;or
(c) Declare that the territory is annexed to the city where the Oregon Health Authority, prior
to the public hearing held under subsection (1) of this section, has issued a finding that a danger
to public health exists because of conditions within the territory as provided by ORS 222.840 to
222.915.
(5) If the territory described in the ordinance issued under subsection (4) of this section is a
part less than the entire area of a district named in ORS 222.510, the ordinance may also declare
that the territory is withdrawn from the district on the effective date of the annexation or on any
subsequent date specified in the ordinance. However, if the affected district is a district named in
ORS 222.465, the effective date of the withdrawal of territory shall be determined as provided in
ORS 222.465.
(6)The ordinance referred to in subsection (4) of this section is subject to referendum.
(7) For the purpose of this section, ORS 222.125 and 222.170, "owner" or "landowner" means
the legal owner of record or, where there is a recorded land contract which is in force, the
purchaser thereunder. If there is a multiple ownership in a parcel of land each consenting owner
shall be counted as a fraction to the same extent as the interest of the owner in the land bears in
relation to the interest of the other owners and the same fraction shall be applied to the parcel's
land mass and assessed value for purposes of the consent petition. If a corporation owns land in
territory proposed to be annexed, the corporation shall be considered the individual owner of that
land."
Tigard City Council will declare by ordinance that the territory is annexed where landowners consented in
writing as provided in ORS222.170 prior to the public hearing. The area is not within any special districts
so no withdrawals are proposed within the ordinance. This application is being processed in accordance
with applicable law.
"222.170 Effect of consent to annexation by territory; proclamation with and without city
election. (1) The legislative body of the city need not call or hold an election in any contiguous
territory proposed to be annexed if more than half of the owners of land in the territory, who also
own more than half of the land in the contiguous territory and of real property therein
representing more than half of the assessed value of all real property in the contiguous territory
consent in writing to the annexation of their land in the territory and file a statement of their
consent with the legislative body on or before the day:
(a) The public hearing is held under ORS 222.120, if the city legislative body dispenses with
submitting the question to the electors of the city; or
(b) The city legislative body orders the annexation election in the city under ORS 222.111, if
the city legislative body submits the question to the electors of the city.
The proposed annexation includes twenty nine (29) parcels. More than half(60%) of the property
owners,who also own more than half the land (73%) therein representing more than half of the assessed
RIVER TERRkCE-PHASE II ANNEXATION
ZCA2012-00003 PAGE 11 OF 16
value of all real property (63%) have filed petitions to annex into the City of Tigard. These petitions
represent a percentage of owners that exceeds the applicable thresholds for annexation without public
election. The annexation request is being processed in accordance ORS 222.170(1)without an election.
"222.173 Time limit for filing statements of consent;public records. (1) For the purpose of
authorizing an annexation under ORS 222.170 or under a proceeding initiated as provided by ORS
199.490 (2), only statements of consent to annexation which are filed within any one-year period
shall be effective, unless a separate written agreement waiving the one-year period or prescribing
some other period of time has been entered into between an owner of land or an elector and the
city.
(2) Statements of consent to annexation filed with the legislative body of the city by electors
and owners of land under ORS 222.170 are public records under ORS 192.410 to 192.505."
The application includes 15 petitions, all of which were filed within a year of each other. These petitions
meet the thresholds required by ORS 222.170(1). These petitions are found v ithin the land use file
(ZCA2012-00003),which is public record. Therefore,the application satisfies this criterion.
11222.175 City to provide information when soliciting statements of consent. If a city solicits
statements of consent under ORS 222.170 from electors and owners of land in order to facilitate
annexation of unincorporated territory to the city, the city shall, upon request, provide to those
electors and owners information on that city's ad valorem tax levied for its current fiscal year
expressed as the rate per thousand dollars of assessed valuation, a description of services the city
generally provides its residents and owners of property within the city and such other information
as the city considers relevant to the impact of annexation on land within the unincorporated
territory within which statements of consent are being solicited."
The statements of consent are being offered voluntarily and at the initiation of the owners of the
annexation area. Therefore,this section is not applicable.
11222.177 Filing of annexation records with Secretary of State. When a city legislative body
proclaims an annexation under ORS 222.125, 222.150,222.160 or 222.170, the recorder of the city or
any other city officer or agency designated by the city legislative body to perform the duties of the
recorder under this section shall transmit to the Secretary of State:
(1)A copy of the resolution or ordinance proclaiming the annexation.
(2) An abstract of the vote within the city, if votes were cast in the city, and an abstract of the
vote within the annexed territory, if votes were cast in the territory. The abstract of the vote for
each election shall show the whole number of electors voting on the annexation, the number of
votes cast for annexation and the number of votes cast against annexation.
(3) If electors or landowners in the territory annexed consented to the annexation under ORS
222.125 or 222.170,a copy of the statement of consent.
(4)A copy of the ordinance issued under ORS 222.120 (4).
(5)An abstract of the vote upon the referendum if a referendum petition was filed with respect
to the ordinance adopted under ORS 222.120 (4)."
This section does not include any applicable substantive approval criteria, but it does include procedural
provisions that govern the city's actions. If the annexation is approved, the city will send necessary
information to Metro for final action. Metro will map the annexation and make the appropriate
notifications to the Secretary of State's archives Division, the county elections supervisor, and the county
assessor.
11222.180 Effective date of annexation. (1) The annexation shall be complete from the date of
filing with the Secretary of State of the annexation records as provided in ORS 222.177 and
222.900. Thereafter the annexed territory shall be and remain a part of the city to which it is
annexed. The date of such filing shall be the effective date of annexation.
RIFER TERRACE-PHASE II ANNEXATION
ZCA2012-00003 PAGE 12 OF 16
(2) For annexation proceedings initiated by a city, the city may specify an effective date that is
later than the date specified in subsection (1) of this section. If a later date is specified under this
subsection, that effective date shall not be later than 10 years after the date of a proclamation of
annexation described in ORS 222.177."
If approved by Tigard City Council, the annexation will be effective on the date of filing with the Secretary
of State. The city is not proposing a later effective date.
OAR 660 - 014 - 0060 Annexations of Lands Subject to an Acknowledged Comprehensive Plan. A
city annexation made in compliance with a comprehensive plan acknowledged pursuant to ORS
1197.251(1) or 19 76. 25 shall be considered by the commission to have been made in accordance
with the goals unless the acknowledged comprehensive plan and implementing ordinances do not
control the annexation.
OAR 660 - 014 - 0060 provides that a city is not required to directly apply the Goals to an annexation
decision unless the city's acknowledged comprehensive plan and implementing ordinances do not "control
the annexation." Whether the plan and ordinances control the annexation depends upon whether the plan
and ordinances include substantive standards guiding the city's determination of whether or not to annex
land. Such standards need not be mandatory approval criteria, provided that they provide relevant
guidance to the annexation decision. When the plan and ordinances "control the annexation," the city is
required to apply such provisions to the decision.
The City's Comprehensive Plan is acknowledged and includes relevant standards providing guidance for
annexation decisions. The city has also adopted substantive approval criteria relating to annexations in
Tigard Community Development Code (IDC) 18.320.020. Together, these provisions include substantive
standards guiding the City's determination of whether to annex the property. The standards are addressed
previously in this document, and the findings conclude the annexation complies with the applicable city
standards.
CONCLUSION: The proposed annexation has been requested by a sufficient number of property
owners within River Terrace to comply with ORS 222.170, and a public election is not required. The
annexation area is contiguous to the city. The city plan and development code contain substantive criteria
that control the annexation, and the city is not required to directly apply the Statewide Planning Goals to
the annexation request. Per the above findings, the proposed annexation is consistent with all state law,
including ORS 222 and all applicable provisions of the Oregon Administrative Rules.
113.Any applicable METRO regulations;"
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the
Metro regulations for Local Government Boundary Changes and addressed the applicable regulations
(Metro Code 3.09.045(d) &(e) and 3.09.050)below:
FINDINGS:
"Metro 3.09.045 (d) and (W
The proposed annexation is not being reviewed through an expeditedprocess, 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 proposed annexation area is not part of any urban service agreements. However, as part of the River
Terrace Community Plan, both the Urban Planning Area Agreement (UPAA — 2006) and the Tigard
Urban Service Agreement (TUSA) will be updated to include the entire River Terrace area.
RIVER TERRACE—PHASE II ANNEK-MON
ZCA2012-00003 PAGE 13 OF 16
11(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 statute is not applicable since this annexation was initiated by the property
owners. The applicants have submitted petitions to annex, signed by the property owners.
"(C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)
between the affected entity and a necessary parry;"
ORS195.020(2) speaks to cooperative agreements between counties or Metro with 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. Many of these districts will be the same
following annexation, including fire and school districts. The area is not currently served with water or
sewer,which will be provided by the city and CWS. If annexation is approved, the city will work to annex
the area into CWS service boundaries to include it in service agreements already set up with the city.
Properties within Roy Rogers West are currently within the Metro boundary; however properties within
area 63 still remain outside of the Metro boundary. The city will initiate a Metro boundary change, if the
proposed annexation is approved. The city will work with Metro during the boundary change to identify
and amend any applicable planning agreements adopted pursuant to ORS195.020(2).
"(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 -goals
and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of periodic
review. The development of the cominunity plan and its public facility elements will be coordinated
consistent with the new facility plan being prepared through periodic review and with CWS and T�'F& R
facility plans as required by Statewide Planning Goal 14, Urbanization. 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.
11(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 proposed annexation areas were brought into the Portland Metro UGB in 2002 and 2011 to ensure
future regional housing and employment needs would be met. The area has not significantly changed
from its rural level development. One reason for this is the inadequate level of services currently available
to the area within Washington County. The city is the most efficient provider of urban level services and
th
has the capacity to serve e area effectively. The proposed annexation will not affect the provision of
public facilities and services. Conceptual and master plans exist for the River Terrace Area,but provision
of services, including financing, will be greater defined through the community planning process. Urban
services are not available without annexation into the city limits. This annexation will promote the
efficient,timely, quality and appropriate quantity of services.
"(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."
RIVER TERIUCE-PHASE II ANNEXATION
ZCA2012-00003 PAGE 14 OF 16
The property to be annexed is not outside the UGB. This criterion is not applicable.
"Metro 3.09.050 (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 a minimum the following:"
Note that this report is available 15 days before the hearing Qanuary 7, 2013 for a January 22, 2013
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 can be available to the affected territory prior to
urban level development. The city will prepare and adopt a community plan to provide for all urban level
services.
11(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 affected territory will not result in the withdrawal from any legal boundary because the area is not
located within any special districts.
"(3)The proposed effective date of the boundary change."
The public hearing will take place January 22, 2012. If the Council adopts findings to approve ZCA2012-
00003,the effective date of the annexation will be the date of filing with the Oregon Secretary of State.
"(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.
CONCLUSION: As shown in the above findings the proposed annexation of River Terrace satisfies the
Metro Code regulations related to Local Government Boundary Changes.
"(Tigard CDC 18.390.060)
4.Any applicable comprehensive plan policies; and"
FINDINGS: Findings addressing the applicable Comprehensive Plan policies were provided previously in
this report.
CONCLUSION: As previously demonstrated, the proposed annexation is consistent with all applicable
comprehensive plan policies.
115.Any applicable provisions of the City's implementing ordinances."
FINDINGS: Resolution 12-09 extended previously approved incentives to phase in city taxes over a three
year period and waive application fees for property owners that voluntary annex into the city limits. This
resolution also formalized a process for annual review of the city annexation policy. Resolution 21-38
established an additional incentive that builds upon the property tax phase-in for properties annexed
through the "triple majority' method, such as the proposed annexation.
RIFER TERRUCE-PHASE II ANNEXATION
ZCA2012-00003 PAGE 15 OF 16
Taxes will be phased in over a longer period. These incentives, outlined below-, will be extended to the
applicants.
0.00 percent of the increased property taxes for collection in fiscal years prior to July 1, 2014;
33 percent of the increased property taxes for collection in fiscal year starting Jul}' 1,2014;
66 percent of the increased property taxes for collection in fiscal year starting July 1,2015; and
100 percent of the increased property taxes for collection in fiscal year starting July 1,2016
Ordinance 12-12 amended the Tigard Comprehensive Plan map to include land use designations for the
River Terrace Community Plan based on recommended land uses found in Washington County's West
Bull Mountain Concept Plan and amended the current Comprehensive Plan Goal 14: Urbanization
policies. These amendments are directed to the development of the community plan development and do
not regulate the proposed annexation.
As demonstrated in previous sections of this report, the proposed annexation is consistent with all other
applicable provisions of the Tigard Development Code.
CONCLUSION: Based upon the findings above,all applicable provisions of the city's implementing
ordinances are satisfied.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police Department Public Information Officer,Jim Wolf, commented that there
were no issues with the project.
The city's Public Works Department, Community Development Building Division and
Development Services Division were sent a request for comments. No comments were received.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue and City of King City have reviewed the proposal and have no
objections to it.
Washington County — Long Range Planning submitted a letter stating that Washington County
supports adoption of the West Bull Mountain Concept Plan into the city s comprehensive plan and
encourages the inclusion of parks,trails and street classification within the adoption.
The followingg agencies and jurisdictions were sent a request for comments but provided no formal written
comments: Ci of Beaverton, Metro —Land Use & Planning, Washington County Assessment &
Taxation and Cartography, Portland General Electric, Tigard-Tualatin School District, Beaverton
School District, Northwest Natural Gas, Metro Area Communications, Comcast Cable
Corporation,Verizon, and Century Link Communications.
CKLx_j-tC.- CA January 3.2013
PREPARE BY: Cheryl Caines DATE
Associate Planner
- � Janua1y 3 2013
REVIEWED BY: Tom McGuire DATE
Interim Asst. Community Development Director
RIFER TERIUCE-PH.,�SE U ANNE -01ON
ZCA2012-00003 PAGE 16 OF 16
Applicant List Attachment 1
2S1070001400
BAGGENSTOS,JAMES K&DARLA A 2SI08CA00300
15252 SW ROY ROGERS RD RASMUSSEN,ROGER&NANCY
SHERWOOD,OR 97140 15165 SW FINIS LN
TIGARD,OR 97224
2S1080001500/1501/1504
DICKSON FAMILY PROPERTIES,LLC 2S1080002900
KENNETH D DICKSON STANLEY,JEAN A TRUST
29397 SW BAKER RD BY STANLEY,JEAN A GAVIN D CO-TRS
SHERWOOD OR 97140 15025 SW 161 ST AVE
TIGARD,OR 97224
2S1080001505/1506
DICKSON,KEN&KARRI 2S108CA00100
29397 SW BAKER RD SUNDERMEIER,WILLIAM A JR&RONDA
SHERWOOD,OR 97140 15300 SW FINIS IN
TIGARD,OR 97224
2S1080003100
DRESSEL,KEVIN W&GILLIAN A 2S1080003200
15455 SW FINIS LN TIGARD-TUALATIN SCHOOL DISTRICT
PORTLAND,OR 97224 ROB SAXTON
6960 SVS`SANDBURG ST
2S108CA00400 TIGARD,OR 97223
GIESBRECHT,F BRUCE&SERENA L
15275 SW FINIS LN 2SI08CDO0300
TIGARD,OR 97224 TRI-COUNTY INVESTMENTS LLC
17933 NVG'EVERGREEN PKWY STE 300
251080003000 BEAVERTON,OR 97006
HUPFER,ROBERT W&HEATHER A
HERNSTEDT,CARL E&KRIS T
15149 SW 161ST AVE
TIGARD,OR 97224
251080002901
MARTIN,DANIEL&ELIZABETH
15087 SW 161ST AVE
TIGARD,OR 97224
2S108CD00200
MCCLESKEY,MICHAEL T&ALITA A
15590 SW APRIL LN
TIGARD,OR 97224
2S108CA00200
NOFFZ,JOHN O JR&CHERYL A
15170 SW FINIS LN
TIGARD,OR 97224
2S108CD00400
PISCITELLI FAMILY TRUST
BY PISCITELLI,VINCENZO&ROSALBA
15540 SW APRIL LN
TIGARD,OR 97224
Property Owner List Attachment 2
2S1080001507 2S1080001402
ALBERTSON,BARRY D& JAW PROPERTIES LLC
LESLIE,ROBIN R PO BOX 667
15445 SW 150TH AVE TUALATIN,OR 97062
TIGARD,OR 97224
2S1080001503
2S1070001400 KADEL,ROGER A TRUST
BAGGENSTOS,JAMES K&DARLA A KADEL,JANET S TRUST
15252 SW ROY ROGERS RD 15475 SW 150TH AVE
SHERWOOD,OR 97140 TIGARD,OR 97224
251080001500/1501/1504 2S1080001405
DICKSON FAMILY PROPERTIES,LLC KNOX,DANIEL F&PATRICIA
KENNETH D DICKSON 15955 SW 150TH AVE
29397 SW BAKER RD TIGARD,OR 97224
SHERWOOD OR 97140
2S1080002901
2S1080001505/1506 MARTIN,DANIEL&ELIZABETH
DICKSON,KENNETH D&KARRI K 15087 SW 161ST AVE
29397 SW BAKER RD TIGARD,OR 97224
SHERWOOD,OR 97140
2S108CD00200
2S1080003100 MCCLESKEY,NIICHAEL T&ALITA A
DRESSEL,KEVIN W&GILLIAN A 15590 SW APRIL LN
15455 SW FINIS LN TIGARD,OR 97224
PORTLAND,OR 97224
2S1080001401
2S108CA00400 NEIDERS,REGINE I&GUNARS K
GIESBRECHT,F BRUCE&SERENA L 14517 SE 178TH PL
15275 SW FINIS LN RENTON,WA 98058
TIGARD,OR 97224
2S108CA00200
2S1080001400 NOFFZ,JOHN O JR&CHERYL A
HASUIKE,ALAN&SUSAN REV LG TR 15170 SW FINIS LN
PO BOX 667 TIGARD,OR 97224
TUALATIN,OR 97062
2S 108CD00100
2S1080001406 PETERSON,CINDI R
HULSE,BRANDT L&KARIN L PETERSON,DONALD A REN TR
15975 SW 150TH AVE 15601 SW APRIL LN
TIGARD,OR 97224 TIGARD,OR 97224
2S1080003000 2S108CD00400
HUPFER,ROBERT W&HEATHER A PISCITELLI FAMILY TRUST
HERNSTEDT,CARL E&KRIS T BY PISCITELLI,VINCENZO&ROSALBA
15149 SW 161ST AVE 15540 SW APRIL LN
TIGARD,OR 97224 TIGARD,OR 97224
2S1080001403/1404 2S108CA00300
JACOBSON,STEVEN K&BARBARA RASMUSSEN,ROGER&NANCY
15915 SW 150TH AVE 15165 SW FINIS LN
TIGARD,OR 97224 TIGARD,OR 97224
Property Owner List Attachment 2
251080002900
STANLEY,JEAN A TRUST
BY STANLEY,JEAN A GAVIN D CO-TRS
15025 SW 161ST AVE
TIGARD,OR 97224
2S108CA00100
SUNDERMEIER,WILLIAM[A JR&RONDA
15300 SW FINIS LN
TIGARD,OR 97224
2S1080003200
TIGARD-TUALATIN SCHOOL DISTRICT
6960 SW SANDBURG ST
TIGARD,OR 97223
2S108CD00300
TRI-COUNTY INVESTMENTS LLC
17933 NW EVERGREEN PKWY STE 300
BEAVERTON,OR 97006
251070001200
UPCHURCH,GERALD S
14992 SW ROY ROGERS RD
SHERWOOD,OR 97140
ATTACHMENT 3
IS CC (-a-a3D4
INTERGOVERNMENTAL AGREEMENT
Coordination in Urbanizing Areas
and
Transfer of County Road Ownership
BETWEEN: City of Tigard, an Oregon Municipal Corporation ("City")
AND: Washington County,a Political Subdivision of the State of Oregon ("County")
DATED: k8tZiL 24 ,2012
RECITALS
A. In 2002,Metro brought the West Bull Mountain Area,consisting of approximately 500
acres of land,within the Urban Growth Boundary("UGB").
B. In 2003,City,County,Clean Water Services,and other providers of urban services,
entered into an agreement called the Tigard Urban Service Agreement("TUSA")that designated City
as appropriate provider of services in the Tigard urban service area,except for those services that are to
be provided by other agencies as further set forth in the TUSH.
C. On November 23,2010,County adopted the West Bull Mountain Concept Plan
Resolution and Order that established general land use strategies for how the West Bull Mountain Area
should become a future urban community. Two areas of the West Bull Mountain Concept Plan are
known as Area 63 and Area 64/River Terrace. Metro brought these areas inside the UGB in 2002. A
third component of the West Bull Mountain Concept Plan is known as the"Rural Element,"which was
not brought inside the UGB in 2002. These premises are illustrated on the map attached to this IGA as
Exhibit A.
D. On September 30,2011,the City annexed Area 64/River Terrace. The area annexed to
the City of Tigard is illustrated on the map attached to this IGA as Exhibit B.
E. On October 20,2011,Metro brought approximately 49 acres within the UGB,which
will be referred to for the purposes of this Agreement as the Roy Rogers West Area. The Roy Rogers
West Area is a portion of the Rural Element.
F. The City has also been formally approached by property owners in Area 63 and Roy
Rogers West who are interested in annexing to Tigard.
G. Area 63,Area 64/River Terrace,and Roy Rogers West are currently within the UGB.
These premises are illustrated on the map attached to this IGA as Exhibit C, and shall be referred to
collectively as the Community Planning Area.
H. The City will refine the County's West Bull Mountain Concept Plan and provide a
detailed land use,public infrastructure,governance,and financial planning framework for urban
development of the concept planned area. The refinement shall be referred to as the Community Plan.
Ag=meat page l
I. City is the expected urban service provider to territory of the West Bull Mountain Area
already within the UGB,Roy Rogers West,and the balance of the Rural Element that remains outside
of the UGB. It is important to City and County that:
1) planning be completed to implement Metro's decision that River Terrace,Area 63, and
Roy Rogers West,became functioning urban areas within the UGB; and
2) City and Council cooperate to support future annexation to the City of Area 63 and Roy
Rogers West;
3) City and County further cooperate with Metro to bring the balance of the Rural Element
inside the UGB;and
4) Roy Rogers West,Area 63, and River Terrace are included in the Community Plan for
land use in the area.
I City and County find it mutually beneficial to continue finding agreement on rights and
obligations in the Tigard Urban Service Area.
K. City and County believe this IGA furthers effective governance, economy of scale, and
furthers the policies of Metro Functional Plan Title 11,in that:
I) A single jurisdiction—the City of Tigard—will bear responsibility for creating a
Community Plan for Area 63,River Terrace,and Roy Rogers West;and
2) One effort to produce a Community Plan governing the Community Planning Area may
create more clear policy direction for the public;may prevent unnecessarily repetitive
land use planning;and may promote quantity discounts for concurrently planning for
streets and utility facilities in all three areas involved.
L. City and County find that there needs to be a funding mechanism for construction of
roadways and transportation in the Community Planning Area,and both parties find it
to be mutually beneficial to work together to develop a financing strategy for the
development of a multi-modal transportation system in the Community Planning Area.
M. City and County agree that City ownership of roads within the City furthers effective
maintenance,repair,and management of the City and County transportation systems,
and provides increased efficiencies for provision of urban services within the City and
County.
N. City and County agree that City ownership of roads within the City provides long term
clarity and certainty as to the respective obligations of the two governments for street
maintenance and repair.
AGREEMENT
NOW, THEREFORE,the parties mutually agree as follows:
Article 1: Land use planning and development
1. Delegation of planning and development authority.
Agreement page 2
1.1 The County agrees to assign and City agrees to accept responsibility to prepare a
Community Plan to encompass the Community Planning Area. Such assignment shall
occur by execution of separate assignment agreement attached hereto as Exhibit D.
Upon such assignment,Tigard will be obligated to prepare the Community Plan for
River Terrace as a component of the Tigard Comprehensive Plan.
1.2 City intends to concurrently plan for the Community Planning Area irrespective of
whether Area 63 and Roy Rogers West are annexed by the City and despite the balance
of the Rural Element not being included within the UGB in 2011.
1.3. Administration of County land use plan and zoning code. County will administer the
County land use plan and regulations,with the exception of applications for zone or
comprehensive plan changes,in River Terrace and any other territory within the
Community Planning Area that may be annexed to City,until the effective date of the
ordinance passed by City Council adopting the Community Plan and supporting zoning
code for the Community Planning Area.
1.4. Development authority. County agrees that,prior to the effective date of all ordinances
passed by City Council to adopt the Community Plan and supporting zoning code for
the Community Planning Area,it will refer to City any development applications,and
will not approve any urban-level development in this territory. The City shall have sole
authority to decide applications for zone or comprehensive plan changes as described in
section 1.3 above.
2. Binding effect of Community Plan. The parties intend for the Community Plan to be
submitted to Metro for that agency's review under Title 11. The County agrees to accept the Plan and
not pursue inconsistent regulations once it is submitted to Metro for this purpose.
3. Financial support for creating the Community Plan. County agrees it will fund a
share of the land use planning cost required to produce the Community Plan,in cash equivalent or staff
resources and in-kind services such as special analysis and transportation modeling as required by the
City in support of the project and mutually agreed upon by City and County.All County resources
made available to the City under this Section will continue until the date City Council approves the
Community Plan.
4. Continued support for MSTIP work. Through the MSTIP process,County will work
with City to identify projects that the City can submit to the Washington County Coordinating
Committee to implement the Community Plan and mitigate its impacts on the roadway system.
Article 2: Annexation
5. Area 63 and Roy Rogers West annexation. County supports and consents to City
annexation of Area 63 and Roy Rogers West as shown on Exhibit C including lands and rights-of-way
under County control or ownership.
6. UGB amendments. County and City support future action by Metro to bring the
entirety of the Rural Element within the UGB.
7. Timeframe for City consideration of annexations. City agrees to begin annexation of
unincorporated islands within its boundaries.
Agreement page 3
Article 3: Services
S. TUSA updates. County agrees to convene government representatives for the purpose
of amending the TUSA to recognize City as the logical provider of urban services to Area 63,River
Terrace, and the Rural Element.
9. Providers of urban services. The parties continue to acknowledge their agreement
that agencies providing services to the Tigard urban services area consist of those agencies listed in
Sections A through G of the TUSH. The parties finther agree that County will not create any new
special service areas or enhanced service districts within the boundaries of Tigard's urban service area.
10. Prior to urban development of the Community Planning Area,and as part of the plan
development,the City will work with the County to develop a financing strategy that assures an
adequate level of arterial and collector roads over a 30 year time frame. Development and
implementation of this strategy may require the establishment of new or supplemental funding
components.
Article 4: Roadways
11. The City agrees to assume the entirety of the County's ownership interest in the
portions of the following roads that are within Tigard's jurisdictional boundaries as soon as the parties
adopt this Agreement,described as follows and attached hereto as Exhibit E.
11.1 The southeastern half of Barrows Road from Scholls Ferry to Springbrook(item D on
map).
11.2 113th Avenue from Durham Road to the current city limits(item E on map).
11.3 Bull Mountain Road from Highway 99W to east of 14025 SW Bull Mountain Road
(item C on map).
11.4 Friendly Lane from Roy Rogers Road east to its terminus(item A on map).
11.5 Roshak Road from Roy Rogers Road east to its terminus (item B on map).
12. The City's obligation to take ownership of the above listed roads is contingent on
receipt of payment in cash from the County in an amount equal to or greater than the estimated total
cost to the City to improve all portions of each of the above mentioned roads that are below Pavement
Condition Index("PCI")67,to PCI 67.
Article 5: Administration of this Agreement
13. Term. This agreement shall become effective upon full execution of the parties and
remain in effect until it is retired or superseded.
14. Amendment. This Agreement may be changed by written agreement of the parties.
Agmemeal page 4
15. Dispute resolution. Disputes over the administration or interpretation of this
agreement shall be handled under the dispute resolution model provided in Article IX of the Tigard
Urban Service Agreement.
CITY OF TIGARD,an Oregon Municipal WASHINGTON COUNTY,a Political
Corporation Subdivision of the State of Oregon
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Exhibit D
ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES
UNDER CONSTRUCTION EXCISE TAX GRANT
INTERGOVERNMENTAL AGREEMENT
From: Washington County, Oregon
To: City of Tigard,Oregon
WHEREAS,Metro and Washington County(County)have entered into an IGA entitled,
Construction Excise Tax Grant Intergovernmental Agreement(Agreement),and County and the
City of Tigard wish to enter into this Assignment of Rights and Delegations(Assignment)under
the Agreement; and
WHEREAS,under the Agreement,Metro grants excise tax funds to Washington County to
reimburse the County for the cost of local comprehensive land use planning efforts required for
territory that is brought into the Urban Growth Boundary(UGB); and
WHEREAS,Exhibit A to the Agreement grants excise tax funds to Washington County to
reimburse the County for land use planning costs incurred in the West Bull Mountain area,which
is a territory of approximately 500 acres that Metro brought into the UGB in 2002 with the
support of Metro,City of Tigard(City),and Washington County; and
WHEREAS, In 2003,City, County,Clean Water Services, and other providers of urban services,
entered into an agreement called the Tigard Urban Service Agreement("TUSA")that designated
City as appropriate provider of services in the Tigard urban service area,except for those
services that are to be provided by other agencies as further set forth in the TUSA; and
WHEREAS,On November 23,2010,County adopted the West Bull Mountain Concept Plan
Resolution and Order(Concept Plan)that established general land use strategies for how the
West Bull Mountain Area should become a future urban community. Two areas of the West
Bull Mountain Concept Plan are known as Area 63 and Area 64/River Terrace, which were
already inside the UGB. A third component of the West Bull Mountain Concept Plan is known
as the"Rural Element,"which is not at present inside the UGB except for a subarea of about 50
acres referred to herein as Roy Rogers West,which Metro brought into the UGB on October 11,
2011. These premises are illustrated on the map attached to this Assignment as Exhibit A; and
WHEREAS,There is a need to refine the Concept Plan to provide detailed land use,public
infrastructure,governance,and financial planning policies to guide urban development of the
concept planned area; and
WHEREAS, For purposes of the Agreement and this Assignment,the refinement of the Concept
Plan will be known as the Community Plan. City and County(collectively "Parties") intend to
ask Metro to approve the Community Plan and coordinate approval with the Department of Land
Conservation and Development as consistent with the Statewide Planning Goals in the affected
territory; and
WHEREAS,under the Agreement,Washington County currently must create the Community
Plan for the West Bull Mountain area; and
Page 1 —Assignment 50014-36804 Exhibit D-assign ofrigbrstinder CET.dorxiTRb.11&7011
Ex4071
WHEREAS,a formal assignment is necessary for City to satisfy County's planning tasks under
the Agreement;
NOW,THEREFORE,the Parties agree to the following:
1. Assignment from County to City: County assigns to City, and City accepts,the
task to study and adapt the Concept Plan to become a Community Plan for River Terrace,Area
63,Roy Rogers West, and the balance of the Rural Element that satisfies County's obligation to
supply a deliverable Plan under Exhibit A of the Agreement. This assignment is subject to the
following conditions subsequent:
a. County will provide staff resources and services in support of the project as follows:
i. Collaborate with City staff to refine the West Bull Mountain Concept
Plan into the river Terrace Community Plan. This will involve providing
review and comment of refined land use designations,natural resource
areas and implementing code standards. It is anticipated the County's
involvement in the land use/natural resource refinement phase shall not
involve more than 150 staff hours.
ii. Collaborate with City staff to refine the West Bull Mountain
Transportation Plan. The transportation element will be limited to 200
hours of County staff time to 1)test the performance of the proposed local
street system; 2)propose solutions to any deficiencies in the local street
system; 3)identify proportional impacts of River Terrace development on
the arterial and collector road system particularly in Tigard and on
Highway 99W; 4)work with the City to propose funding mechanisms to
address these impacts.
iii. Participate on a City Technical Advisory Committee to assist in
development of the Community Plan.
iv. Provide information to the City pertaining to its citizen engagement effort
for the west Bull Mountain Community Plan to assist citizen information
and involvement for the Community Plan.
b. Metro agrees to pay City under this Assignment document; and
C. County will grant City access to studies,correspondence,professional reports,
exhibits, and all other documents that comprise the file of materials developed in
connection with County's creation of the Concept Plan.
2. Assignment of right_ to grant money: County assigns to City,and City accepts,the
right to claim the remaining grant money under the Agreement,which sum is estimated at
approximately$134,000. Metro has acknowledged that the County will assign its rights to this
grant money to the City pursuant to this agreement as demonstrated in Attachment"A".
3. Effect of County nonperformance: County's failure to supply the document
access and in-kind services described in Section 1 does not:
Page 2—Assignment 50014-36M4 Exhibft D-aulp ofrights under CETdoa1TRA C82012
Exhibit D
a. Invalidate City's right to submit Deliverables to Metro and claim the remaining
grant money;or
b. Create in City a right to claim money damages against County on any legal or
equitable theory.
4. Administration of this Assignment document:
a. This Assignment becomes effective upon execution by both parties and remains
in effect until it is cancelled by mutual agreement of the Parties,or the grant
money has been fully claimed and received by City.
b. This Agreement may be amended by the Parties' written agreement.
5. This Agreement may be terminated,with cause at any time if the City fails to
perform any of the other provisions of this Agreement as determined by Metro,or
so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from the County,
fails to correct such failures within sixty(60)days or other such period as the
County may authorize.
6. Subject to the limitations of liability for public bodies set forth in the Oregon Tort
Claims Act,ORS 30.260 to 30.300, and the Oregon Constitution, each party
agrees to hold harmless, defend, and indemnify each other, including its officers,
agents, and employees, against all claims,demands, actions and suits(including
all attorney fees and costs)arising from the indemnitor's performance of this
agreement where the loss or claim is attributable to the negligent acts or
omissions of that party.
7. Each party shall give the other immediate written notice of any action or suit filed
or any claim made against that party that may result in litigation in any way
related to this Agreement.
8. Each party agrees to comply with all local, state and federal ordinances,statutes,
laws and regulations that are applicable to the services provided under this
Agreement.
9. This Agreement is expressly subject to the debt limitation of Oregon Counties set
forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon
funds being appropriated therefore.
10. Each party is an independent contractor with regard to each other party(s) and
agrees that the performing party has no control over the work and the manner in
which it is performed. No party is an agent or employee of any other.
Page 3—Assignment 30010.36804E,hibi(D-ausiga ofrighu under CEGdxr1TBY'3/810/1
Exhibit D
11. No party or its employees is entitled to participate in a pension plan, insurance,
bonus,or similar benefits provided by any other party.
12. This writing is intended both as the final expression of the Agreement between
the parties with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement.
CITY OF TIGARD,an Oregon Municipal WASHINGTON COUNTY, a Political
Corporation Subdivision of the State of Oregon
By: By:
Name: Name:
Its: Its:
Signature Signature
Page 4—Assignment 5W14-360IExhibir0-ass4noJNghaunde CET docxi7RN3/82011
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D A �� Attachment A
DRAFT referred to in
Exhibit D
CONSTRUCTION EXCISE TAX GRANT
INTERGOVERNMENTAL AGREEMENT
Metro—Washington County
West Bull Mountain Project
This Construction Excise Tax Grant Intergovernmental Agreement("CET Grant IGA")is effective on
the last date of signature below,and is by and between Metro,a metropolitan service district organized under
the laws of the state of Oregon and the Metro Charter,located at 600 Northeast Grand Avenue,Portland,OR,
97232-2736("Metro"),and Washington County("County"),located at 155 N.First Ave.,Hillsboro,OR
97124,collectively referred to as"Parties."
WHEREAS,Metro has established a Construction Excise Tax("CET")which imposes an excise tax
throughout the Metro regional jurisdiction to fund local comprehensive planning needs associated with new
inclusions into the urban growth boundary("UGB")between 2002 and 2005;
WHEREAS,the CET is collected by local jurisdictions when issuing building permits,and the CET
collected is remitted to Metro by the local collecting jurisdictions via Construction Excise Tax
Intergovernmental Agreements to Collect and Remit Tax("CET Collection IGAs")entered into separately
between Metro and the local collecting jurisdictions;
WHEREAS,in creating the purpose and amount of the CET,Metro worked with local jurisdictions,
and received their estimates as to the total dollar amounts needed by the local jurisdictions to fund their local
comprehensive planning needs associated with new inclusions into the UGB between 2002 and 2005;
WHEREAS,the CET will expire when the total amount of CET collected by all jurisdictions and
remitted to Metro is$6.3 million dollars,which is estimated to take approximately three years;and
WHEREAS,Metro will distribute 100%of the CET expected to be remitted to Metro as grants to local
jurisdictions,based on CET Grant Requests submitted by local jurisdictions that set forth their expected
completion of certain milestones associated with Title l l of Metro Code Chapter 3.07,the Urban Growth
Management Functional Plan;and
WHEREAS,as part of the CET process Metro has met with all of the applicable local jurisdictions
regarding their local comprehensive planning funding needs associated with new inclusions into the urban
growth boundary between 2002 and 2005,and the total estimates recently provided by the local jurisdictions
greatly exceed the total estimates upon which the CET was based;and
WHEREAS,the CET Administrative Rules set forth certain eligible expenses for CET Grant
consideration,and the rules also provide that if the total Grant Requests from participating local governments
exceed the total CET expected revenues,Metro shall first consider awarding funds for eligible direct costs,
which will have priority for funding over indirect costs;and
WHEREAS,County has submitted a CET Grant Request to Metro,and the parties wish to set forth the
funding amounts,timing,and procedures for receiving reimbursement from the CET fund for County's
planning expenditures.
NOW THEREFORE,the Parties hereto agree as follows:
1. Reimbursement by Metro. Metro shall reimburse County for approved eligible expenses,
associated with County's completion of those planning milestones,in the amounts and at the times,as set forth
in Exhibit A attached hereto and incorporated herein. Payments shall be in accordance with the"payment
Page 1 —CET GRANT IGA
10.05.07.BM CETgmndGA.dm
DRAFT
procedures"set forth below.
2. County Responsibilities. County agrees that it shall take all actions in a timely and diligent
manner that are required or necessary to complete and fulfill the milestones set forth in Exhibit A. County also
covenants and agrees that it shall use the CET funds it receives under this Agreement only for the work
approved to reach the milestones set forth in Exhibit A.
3. Eligible Expenses. As set forth in Metro Code Chapter 7.04 Administrative Rules,the
following expenses shall be considered Eligible Expenses for CET Grant consideration,up to a ceiling of the
reimbursable amounts set forth in Exhibit A attached hereto: (a)materials directly related to project;(b)
consultants' work on project;(c)County staff support directly related to project;and(d)overhead directly
attributable to project.
4. Payment Procedures. Within 30 days after the completion of each milestone as set forth in
Exhibit A,County shall submit to Metro a statement describing in reasonable detail the eligible and
reimbursable work services performed pursuant to this Agreement. County will furnish Metro with any other
statements or reports of expenditures as may be needed to satisfy fiscal requirements. Metro shall reimburse
County for the eligible and approved reimbursable work after each milestone is reached,no later than 60 days
after the date Metro receives County's statement.County shall send the statement,and Metro shall send CET
payments,to:
Metro Washington County DLUT
Attention:Ray Valone Attention:Judy Lynn
600 NE Grand Ave. Public Services Building,Suite 350,MS 16
Portland OR 997205 155 N. First Ave.
(503)797-1808 Hillsboro,OR 97124
(503)846-3718
5. Project Records. County shall maintain all records and documentation relating to the work and
tasks involved in the project as set forth in Exhibit A. County shall provide Metro with such reasonable
information and documentation as Metro requires for implementation of the CET grant process. County shall
establish and maintain books, records, documents, and other evidence and accounting procedures and practices,
sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and
anticipated to be incurred for the performance of this Agreement.
6. Audits.Inspections and Retention of Records. Metro and its representatives shall have full access
to and the right to examine, during normal business hours and as often as they reasonably deem necessary, all
County records with respect to all matters covered by this Agreement and Exhibit A, excepting privileged and
other such documents that County may claim to be exempt from disclosure under ORS chapter 192. Nothing
herein limits Metro's right to challenge the withholding of any documents as permitted by law. Such
representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls and other matters covered by this Agreement. All
documents,papers,time sheets, accounting records, and other materials pertaining to costs incurred in connection
with the project shall be retained by County and all of its contractors for three years from the later of the date of
completion of the project,or expiration of the Agreement,to facilitate any audits or inspection.
7. Funding From CET Funds. Metro's funding commitment set forth in this Agreement shall be
fulfilled solely through the programming of CET funds. The parties recognize and agree that if the CET is ever
held to be unenforceable or is terminated through no act or omission of Metro,that Metro shall not be liable in
any way for funding the amounts described in Exhibit A.
Page 2—CET GRANT IGA
I0.05.07AM CETSmndGA.doc
DRAFT
8. Term. This Agreement shall be effective on the date it is executed by both parties and shall
terminate when the Total Reimbursable Amount set forth in Exhibit A,representing Metro's multi-year
commitment of CET funds provided herein,is fulfilled and expended. In the case that County receives a
surplus of CET funds beyond that which is required to fund those items set forth in Exhibit A,County shall
return to Metro any surplus CET funds remaining on completion.
9. Amendment. This CET Grant IGA may be amended only by mutual written agreement of the
Parties.
10. Other Agreements. This CET Grant IGA does not affect or alter any other agreements
between Metro and County.
Metro Washington County
By: Michael Jordan By:
Title: Metro Chief Operating Officer Title:
Date: Date:
State of Oregon )
SS.
County of )
On this day of ,2007,before me ,the undersigned
Notary Public,personally appeared Michael Jordan,as Chief Operating Officer of Metro,a municipal
corporation,personally known to me(or proved to be on the basis of satisfactory evidence)to be the person
whose name is subscribed to this instrument,and acknowledged that he executed it.
My commission expires:
State of Oregon )
SS.
County of )
On this day of , 2007,before me ,the undersigned
Notary Public,personally appeared as of
jurisdiction,personally known to me(or proved to be on the basis of satisfactory
evidence)to be the person(s)whose name(s)is (are)subscribed to this instrument,and acknowledged that he
(she or they)executed it.
My commission expires:
Page 3—CET GRANT IGA
10.05.07.BM CETSmnIIGA.doc
DRAFT
Exhibit A
CET Grant IGA Between Metro and Washington County
West Bull Mountain Project Milestones,Due Dates,and Reimbursement Rates
Total Requested by County for New Urban Growth Area West Bull Mountain Project: $670,500
Total Reimbursable Amount:* $670,500**
Milestone#: Deliverable Date Due*** Grant Payment
1. Execution of CET Grant IGA x date $134,100
2. Mid-point in Concept Plan
development,demonstrating
progress toward completion x date+210 days $134,100
3. County's Preferred Concept Plan Alternative x date+390 days $134,100
or Urban Growth Diagram,showing
at least those elements set forth in Title 11
4. County's recommended
Comprehensive Plan or Comp.Plan
amendment,addressing Title 11;
the applicable conditions of addition
in Metro ordinance for the new urban area;
and applicable state laws and regulations x date+540 days $134,100
5. County's adoption of
Comprehensive Plan or Comp. Plan
amendment,addressing Title 11;
the applicable conditions of addition
in Metro ordinance for the new urban area,-
and
rea;and applicable state laws and regulations x date+660 days $134,100
TOTAL REIMBURSABLE AMOUNT* $670,500**
*The Total Reimbursable Amount is a maximum amount that will be reimbursed for Eligible Expenses
as set forth in the CET Grant IGA and Metro Code Chapter 7.04 Administrative Rules.
**The CET will fund the project for the full$670,500 for all eligible expenses. Grant funding is
subject to reduction attributed to a reduction in milestone expectations,alternate grants awarded to this
project or completion or reduction requests by County.
***Due dates are intended by the parties to be hard estimates of expected milestone completion dates.
If County anticipates that a due date will not be met,it shall inform Metro in writing no later than ten
(10)days prior to the due date,and shall provide a revised estimated due date,and Metro and County
will mutually revise the milestone due dates set forth in this Agreement.
Page 4—CET GRANT IGA
10.05.02.BM_CET9rtn11GA.d0c
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