Ordinance No. 13-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2013-
AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 1.01 ACRES,
APPROVING THE HUMMEL ANNEXATION (ZCA2012-00002) AND WITHDRAWING
PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY
ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN
ROADS MAINTENANCE DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
territory proposed to be annexed;and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property
which currently lies within the boundary of the Tigard Water District, Washington County Enhanced
Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion
of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on February 26, 2013, to consider the
annexation of one (1) parcel Washington County Tax Map (WCTM) 2S109AC, Tax Lot 500) of land
located on SW 133 Avenue, and withdrawal of said parcel from the Tigard Water District,
Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads
Maintenance District;and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and on February 4,2013;and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning which most closely implements the City's comprehensive plan map
designation or to the City designations which are the most similar; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations;and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
ORDINANCE No. 13- (�3
Page 1
ti
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in
the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard
Water District, Washington County Enhanced Sheriff s Patrol District and
Washington County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA20012-
00002) as findings in support of this decision; a copy of the staff report is attached
hereto as Exhibit "C" and incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including filing certified copies of the Ordinance with Metro for administrative
processing, filing with state and county agencies as required by law, and providing
notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
Tigard Water District, Washington County Enhanced Sheriff s Patrol District and
Washington County Urban Roads Maintenance District shall be the effective date of
this annexation.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with
the Secretary of State.
PASSED: By LINLffiVMUS vote of all Council members present after being read by number
and title only, this Q to day of_ e-f_ , 2013.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this
Q(9 _ day of -e- ,2013.
Ap oved as to form-
C;:
orm: ,
1/ and 14 14e-(\d.e rsc)n C-OU 6� Pr C-SLJ e C&City Attorney V
Date
ORDINANCE No. 13-
Page 2
EXHIBIT A
JERRY S. AIARIS 1
_ 6_ 11300 ALL EN AV6 Nue e43-$e09
J,J ee^VGRTQN OAgOON 970DS
4:0.N%ULTIN: SURVFYAR 28 APRIL 1977
JN 27 - 77
LEGAL DESCRIPTION (PARCEL'"B" HUlJIEL TRACT)
Situate in the Northeast Quarter of Section 5*, Township 2 South, Range
1 Fest, Willamette Jleridian, Washington County, Oregon described as
follows$
Being a portion of that Tract conveyed to Bill Hummel by Cyril Wilson
in ;..ay of 1977. and beginning at the Southwest corner thereof, an iron
rod with cap set, which according to Deeds is South 0035' East 1.238.5
feet, South 61029' East 11.45 feet, and South 0038' East 769.4 feet
from the Quarter Corner on the North line of said Section 9 and running
thence on the West line of said Hummel Tract North 0038' gest, 190.0
feet to an iron rod with cap eet; Thence South 89054' East, 402.86
feet to an iron rod with cap set on the East line of said Hummel Tract,
also being the West Right=of.'Jay line of Southwest 133rd .Avenue; Thence
South 0037' East, on said East line. 50.0 feet to an iron rod with cap
;et; 'Ph-nce North 89054' West 191.0 feet to an iron rod with cap set;
Thence South 30010'10" hest, 161.76 feet to an iron rod with cap act on
the South line of said Hummel Tract; Thence on said South line, North
39054• ;lest, 129.0 feet to the point of beginning, containing 1.01 acres
more or less. a
d
A_ ANNEXATION CERTIFIED
BY
OCT 19 2012
WASHINGTON COUNTY A&T
CARTOGRAPHY
Exh�b�� b
2S 1 09AC 2S 1 09AC
e a Z s ■ r e r + lo
! }! J
--
VIM"; { p�:9g ° �' • J .l afa•k f >ea:.,i' 7"_' g:c 1" g I e
t n
0A X1
2200
,w
Y •/�J^ f V�.b.c (, L .vim° p '"° fq '"n. rxnr xwr nw rxrx
•ey fi G-1 S. MAI: �gi �� ' � y29m tl �`— to ttl�i �
e�1Vv: J g�� ni°o J€ sew L, '� St n'1-- `, �'n».---v sew y� ,aw rsrw u,w
J'F N z� ro�,4... wwtn /i1 S %j a . 'L. ; Q
�',
3 zj s a4
n� 13 CCi 11 J''2700 -
sP"°'
2NO�
.n°eeo
waniao,.r.,�X14 5eofit1
5 'mx°x.'5a.xaw-,3�Aa3lpS3
—_te,.u-._nr•>�_��R?oI-� M.'°-'
••
t w WASHINGTON COUNTY
OUNTY
O7REGg
O
N
v,, SW14 NE1/43EC1I0N 09 T25 R1W W.M.
SCALE, -1003-7 I la,0J 230 16~ zwlif
,a '" rW 36 31
11
t6 �31100 4m
.1n
' W WSRDSVIEW v STR2s !
10 11 72 7
;;gg00p�pp rr,.
e Aw 5ggb Z 4M0 C to a*a4d4Umat�' *j{ zwo .` ra! C7 1a is n'1s fa 14 t3 to
Aa0 I to `* : � 2MIC M 3.` ..
^--
ey .. -
66 tet AC ! IIy i_ 6500 aV s 20 21 >?2 87 24 19
21 -
gA00 as 30 as 2a 27 as 25 30
,, •, xw;°,.x w a SW NIC "4$ 22 ab" a «22
w F
ort
"gam{{ �+ 'ay R �6 "-7,
d'. �, p' ae of az,as 34 sa ae 31
w.57 w....w iR /I am �ego is asoo �� Z 5500 f� 'e/^ Asr„ tI 1 ; 0 a 4 3 . : 1 a
f111
n u
w t7 n:r.a,r.11At�xtA1 ,. Z .9R--o '�iq 2/ ��•� 1tle 5d I. MRAOORIVISSLAAPS v15R MR�/lAT
,. 4 '1.
a epp tswm 6 :9 s2a a. C�''�4r'4y�' A 30 t�WAI*6w.Aingron."X$._
I fit/ ,;gip-R'S'-��.r �. w -_;,p �
0 134 AM AA
M aAe taco 23,74 ), WLL ,
_— .�,.�7•_y. -GLS i .. aow...n a � -- _.i A r--�� A�--:.:....a
-— - ----- .4 —- i— _ `.*••v '°`� s 'A fl B 0e ! I�r -e0 AC AD
eC
i.,s ✓'. " f "� "I ya5 32 •; M u i N DA
♦ na.N- d ,
7w 0
sw
J — U = v.MNMt0N4 tSW C l_
— -
— { :� ,►. -
- - - uj
-
,� - -.. --__ _ �123-78- ' tao�oo.:.ao�oaoAtn,ANNEXATION CERTIFIED
apo0
s fi Fi c rzi I ' # � W • BY
ta
co +� �.,`
g2 i nAe _ y= ' OCT 19 2012
+ra-...... .-JN1R..�. - - --- ---..� tww _
-. -. CARTOGRAPHY
-- __'_ � Sark WASHINGTON COUNTY A 5 T
. www Z! t� R 1° i � .�++ sGtF.
242 IMINS
63
a{ SSAe J i 6 ,teAm,twww5utoa i
;. )°•'°_ taMosN s00 � -----w.. _.-_ I s00 x� At551wttw6lwC.wl�lr� ' tw�ias �*'� � �� �
+}�1°
-
d -
ww
umw.-.- 3 ! � t PLOT DATE:July.10.2010
FOpASSESSMENT Pl1RPpSES
t +• ped ONLY-DO NOT RE y ON
ae si � 132. ?�~ FOR OTHER U E
!1! �.i ttoo "' I _.rw. ;ei['".+r w soo,msa.rmw.aM.aAxP+rwwwo..ou.a,.enee
tnAe - awmAwuniY.emx .,amrynar:btmene mwt
44 rri ..-.. '.-.-.. ..--.- • _ .. ?fit amMtowr,g�omtOxNs. xx,vpmxeeemw
01
w - - --- -- -- _ �_ _ _ V t ,, , N BE
N ae `2 W 5 e g raw e'.
' ••* •[T. .a`w_+o Y'.�`•ca �ed� 10'� "° _ j tt OCT 332012
as Y S mea 8 „8 s;� e"57 •ry. nt. .I ^^^ t '---- - CTY of Tla�
1c + nOnr aNaa��n�oA
EXHIBIT C
Hearing Date: Februanz 26,2013 Time: 7:30 PM
STAFF REPORT TO THE
it
CITY COUNCIL z
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATIONSUMMARY
FILE NAME: HUMMEL ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2012-00002
APPLICANT/ Bill& Geraldine Hummel
OWNER: 14695 SW 133`d Ave.
Tigard,OR 97223
PROPOSAL: A request to annex one parcel (1.01 acres) on SVS' 133 ' Avenue to obtain City of
Tigard sanitary sewer service for a septic system that cannot be repaired.
LOCATION: 14695 SW 133d Avenue;Washington County Tax Assessor's Map 2S109AC,Tax Lot
0500.
COUNTY ZONE: R6: Residential, 5 units/acre minimum density, 6 units/acre maximum density.
The purpose of the R-6 District is to implement the policies of the Comprehensive
Plan for areas designated for residential development at no more than six (6) units
per acre and no less than five (5) units per acre, except as specified by Section 300-
2, Section 300-5, or Section 303-6. The intent of the R-6 District is to provide the
opportunity for more flexibility in development than is allowed in the R-5 District.
EQUIVALENT
CITY ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: The approval standards for annexations are described in Community Development
Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1, Goal 11.1 (Policy
4), Goal 11.3 (Policy 6), and Goal 14.2 (Policy 1-4); ORS Chapter 222; and Metro
Code Chapter 3.09.
HUNMEL ANNEK)MON
ZCA2012-00002 PAGE 1 OF 8
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (ZCA2012-00002) 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; Goal 11.1,Policy 4; Goal 11.3, Policy b; and Goal 14.2, Policy 1-4. Therefore, staff
recommends APPROVAL of ZCA2012-00002 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
The 1.01 acre site is developed with a single family residence and accessory structure. The annexation
request has been initiated by the property owners (Bob & Geraldine Hummel to obtain city sewer for a
fa"iling septic system. There is a public sanitary line in SW 133` to serve the site.
The home is owner occupied and all property owners and registered voters in the proposed territory have
consented to the annexation; therefore an election is not required. In accordance withcity policy and to
property the formation of an island, the City invited prope � owners of two adjacent parcels to join the
annexation (tax lots 300 and 400 to the north of the subject property). Neither owner indicated interest in
annexing to the City.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal
11.1 (Police 4),and Goal 11.3 (Policy G), Goal 14.2 (Policies 1-4).
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
Chapter 18.320.020.B: Approval Process and Standards.
Approval Criteria. The decision to approve, approve with modification, or deny an application to
annex property to the City shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the
purposes of the Comprehensive Plan,public facilities and services refer to stormwater management,water
supply and distribution,wastewater management, community- facilities, and private utilities. In addition the
comprehensive Plan Glossary includes public safety, parks, and transportation. All sen-ices are available to
the proposed annexation site and have adequate capacity to serve a single-family dwelling. Each
service/facility is discussed in further detail below.
Water—City of Tigard/Tigard Water District. The property lies within the Tigard Water Service Area.
The home is currently and will continue to be served with city water. No additions or change of use is
proposed with this application. There is adequate capacity to continue serving the site with water.
Sewer — City of Tigard/Clean Water Services. The home is currently served by septic but cannot
obtain permits to repair the system because public sanitary service is available in SW 133`d Avenue.
Sanitary service is provided by the City of Tigard in this area and there is sufficient capacity to serve the
existing single-family residence.
Stormwater — Clean Water Services. Clean Water Services is the current provider of stormwater
services in this area. There is a City of Tigard storm line available in SW 133` Avenue with adequate
capacity;however the applicant is not proposing to connect to the storm system at this time.
HUMMEL ANNE AMN
ZCA2012-00002 PAGE 2 OF 8
Streets — City of Tigard Engineering Division. The subject property is located on SW 133rd Avenue,
and the portion adJJ'acent to the site is A ithin the Tigard city limits. The proposed annexation will not
affect this access; however, the property is within the Washington County Urban Road Maintenance
District and will be removed from the district upon annexation.
Police — City of Tigard Police Department. Police services are currently provided by the Washington
County Sheriff. If approved, the property will be withdrawn from the Enhanced Sheriff's Patrol District.
The City of Tigard Police Department was notified of the proposed annexation and had no objection to
the proposed annexation. Tigard Police have adequate capacity to serve one additional single family home
and doing so will not significantly reduce the level of services available to other land within the City of
Tigard.
Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and
Rescue's M'F&R's) service area. The TVF&R District currently pro-rides services to site, which will not
change following annexation. The Fire District has personnel and equipment in the area that can respond
to an emergency incident and implement such actions as may be necessary for fire and/or rescue
operations.
Parks—City of Tigard. There is an existing City of Tigard neighborhood park on Bull Mountain Road
near the proposed annexation site. The addition of one single-family residence will not adversely impact
the city's ability or capacity to provide parks.
CONCLUSION: Based upon this review, staff finds that all public services and facilities (as defined by
the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to
provide service. The proposed annexation will not reduce the level of services within the City of Tigard.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
FINDINGS: The following Comprehensive Plan goals and policies apply to the proposed annexation:
Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the
proposal has satisfied the applicable Comprehensive Plan policies based on the following findings:
Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other
jurisdictions the opportunity to participate in all phases of the planning process.
The Citymaintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type IV
land-use applications. The City posted, mailed and published notice of the'public hearing as follows. The
City posted the hearing notice at four public places on February 4, 2013: Tigard Library, Tigard City Hall,
Ti rd Permit Center, and at the subject property on 14695 SW 133rd avenue. The City published notice
of-the hearing in The Tigard Times for two successive weeks (February 14 and February 21, 2013) prior to
the February 26, 2013,public hearing. The City also mailed notice to all interested parties and surrounding
property owners within 500 feet on February 4,2013.
Goal 11.1: Public Facilities and Services.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services.
There is a city stormwater line in SW 133" Avenue that will be available to serve the site upon annexation;
however, the applicant has not indicated any intention of obtaining this service.
Goal 11.3: Public Facilities and Services.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services.
City sanitary service is available in SW 133`d Avenue. The applicant is requesting annexation in order to
obtain service from this line and will need to obtain the proper City of Tigard permits in order to make the
connection to sanitary service.
HUMNIEL ANNEYLATION
ZC A2012-00002 P AGE 3 OF 8
Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary
steps,including the appropriate annexation of unincorporated properties.
Po 'cy 1. The City shall assign aTigard zoning district designation to annexed property that most
closely conforms to the existing Washington County zoning designation for that property.
The applicable Tigard zoning district designations are addressed below in the findings for Section
18.320.020.C.
Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban
level services to an area when approving annexation.
Capacity has been addressed above, consistent with this policy.
Policy 3. The City shall approve proposed annexations based on findings that the request:
A. can be accommodated by the City's public facilities and services;and
The availability of the City's public facilities and services has been addressed above, consistent With this
policy.
B. is consistent with applicable state statute.
As reviewed in 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.
The subject site's east and west boundaries abut the City of Tigard. Washington County parcels lie to the
north and south. Pursuant to the City's annexation policy and to avoid the creation of an island, the City
invited the two northern property owners to join the annexation. No property owners responded to the
City's invitation. Public services are available as determined in this report.
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 site. The City of
Tigard has the services/facilities available and at adequate capacity- to serve the site. The proposed
annexation is consistent With applicable Comprehensive Plan 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 ass.gnment 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.
FINDINGS: All of the subject property is currently zoned R-6 (Washington Countv). This zone is
intended for residential development at no more than 6 units per acre and no less than 5 units per acre.
'fable 18.320.1 in the TDC summarizes the conversion of the County's plan and zoning designations to
City designations which are most similar. According to this table,the City designation most similar to R-6
is R-7 zoning.
CONCLUSION: Upon annexation the property will be zoned R-7, which most closely implements
Washington County's comprehensive plan and zordng designations (R6). This criterion is met.
Chapter 18.390.060: Tyne IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.13, which
HUMMEL ANNEXAMN
ZCA2012-00002 PAGE 4 OF 8
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to
publish notice at least 10 business days prior to the hearing; the City mailed notice on February 4, 2013,
and published public notice in The Tigard Times for two successive weeks (February 14 & February 21,
2013) prior to the February 26,2013 public hearing.
Additionally, Chapter 18.390.060 sets forth five factors for consideration when making 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: The proposal 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.
2.Any federal or state statutes or regulations found applicable;
FINDINGS:
ORS 222:
State lave- (ORS 222.120(4) ORS ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory vc}nen owners of land i n the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and
provide public notice to be published once each week for two successive weeks prior to the day of the
hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be
posted in four public places in the city for the same two week period.
The owners of the subject parcel have signed a petition for annexation to the City. The subject parcel is
contiguous to the City's boundary. The City mailed notice on February 4, 2013, and published public
notice in The Tigard Times for two successive weeks (February 14 & February 21, 2013) prior to the
February 26, 2013 public hearing and posted the hearing notice for public view on February 4, 2013 in the
Tigard Library,Tigard City Hall,Tigard Permit Center, and at the site on SW 133x`'Avenue.
CONCLUSION: Staff finds that the provisions of ORS 222 have been met.
3. Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. 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 W1 and (e)
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:
HUMNi EL ANNE.-MON
ZCA2012-00002 PAGE 5 OF 8
(A)Any applicable urban service agreement adopted pursuant to ORS 195.065;
The Tigard Urban Service Agreement ('TUSA) is between the City, County, Metro, and the service
Districts for water, sewer, transportation, pars and public safety. The agreement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating in the Tigard
Urban Services Area. These services are addressed above at the beginning of this report.
The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of
comprehensive planning and development, defines the area of interest, and includes policies with respect
to the active planning area and annexation. The applicable annexation policies include the assignment of
comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that
the City is the ultimate service provider of urban services within the Tigard Urban Service Area.
The City has followed all processing and notice requirements in the UPA<1,providing Washington County
with 45-day notice prior to the public hearing. The agreement states that "so that all properties within the
Tigard Urban Service Area will be served by the City, the County and City will e supportive of
annexations to the City."
(B)Any applicable annexation plan adopted pursuant to ORS 195.205;
These statutes outline theprocess for annexations initiated by a city or district, including public hearings
and voting procedures. This statute is not applicable since the annexation was initiated by the property
owner. The applicant has submitted a petition to annex signed by both property owners that are also the
registered voters.
(C)Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between
the affected entity and a necessary party;
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. These districts are the same within the
county and city with the exception of the sewer district, which is the City of Tigard. Planning for these
areas will still be considered by the same special districts upon annexation due to existing agreements set
up with the City.
(D)Any applicable public facility plan adopted pursuant to a statewide planning goal on public
facilities and services; and
The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals
and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of penodic
review. New Comprehensive Plan goals and policies for public facilities were adopted in 2008 (Goal 11),
and the applicable goals and policies were addressed previously in this report. The proposed annexation is
consistent with the Tigard Public Facility Plan.
(E)Any applicable comprehensive plan; and
The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed
previously in this report.
(2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic
provision of public facilities and services; (B) Affect the quality and quantity of urban services;
and (C) Eliminate or avoid unnecessary duplication of facilities or services.
HUMMEL ANNEK-MON
ZCA2012-00002 PAGE 6 OF 8
The site is adjacent to the City in an area already serviced by sanitary facilities and water. Fire and police
Srotection is provided by county wide services. Other services are offered through the Tigard Urban
ervices Agreement. The proposed annexation will allow the applicant to obtain city sanitary service.
Quality, quantity, or duplication of services is not an issue at this location.
(e) A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel
that lies partially within and outside the UGB. Neither a city nor a district may extend water or
sewer services from inside a UGB to territory that lies outside the UGB.
The property to be annexed is not outside the UGB. This criterion is not applicable.
Metro 3.09. 50 (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:
The staff report was available February 13, 2013, thirteen days prior to the public hearing. Tigard
Development Code requires staff reports be available at least seven days prior to the hearing for Type II
on Appeal and Type III applications. No specific number of days is outlined for Type IV procedures;
however, the code does state that notice shallbe sent at least 10 days prior to the public hearing indicating
where all relevant materials and information may be obtained. This would include a staff report. The
notice was sent twenty-three days prior to the hearing and no one requested a copy of the staff report.
The Development Code states that Metro Code requirements be considered when making the final
decision, but the requirements are not listed as approval criteria. Tigard City Council reviews and
considers the findings of the staff report when making decisions.
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report,urban services are available to the affected territory.
�2) Whether the proposed boundary change will result in the withdrawal of the affected territory
rom the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be withdrawn from
the Was gton County Enhanced Sheriff's Patrol District and Urban Road Service District upon
completion of the annexation. This withdrawal is incorporated into the proposed ordinance.
(3) The proposed effective date of the boundary change.
The public hearing will take place February 26,2013. If the Council adopts findinjzs to approve ZCA2012-
00002, the effective date of the annexation will be upon filing with the Secretary of State office per Oregon
Revised Statutes (ORS 222.180).
(c) The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
The proposed boundary change meets the applicable criteria as demonstrated in this staff report.
(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 satisfies the Metro Code
regulations related to Local Government Boundary Changes.
HUNJMEL ANNEXATION
ZCA2012-00002 PAGE 7 OF 9
(Tigard CDC 18.390.060 continued)
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.
5. Any applicable provisions of the City's implementing ordinances.
FINDINGS: Resolution 12-09 extended previously a roved incentives for property owners that
voluntary annex into the city limits through February �13. These incentives include waiver of the
annexation application fee, assistance with paperwork and, phasing in of increased property taxes. These
incentives have been extended to the applicant. 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, and the City of
Tigard Greg Berry, Public Works Project Engineer both commented that there were no issues with
the project.
SECTION VIII. AGENCY COMMENTS
Century-Link noted that the site was outside the Qwest service area.
Washington County Planning and Development Services and Tualatin Valley Fire and Rescue
reviewed the proposal and stated no objections to it.
No other agency comments were received.
SECTION IX. PUBLIC COMMENTS
The City mailed notice to surrounding property owners within 500 feet. No written public comments
were received. Two phone calls were received to inquire about future development of the site associated
with the annexation. Staff is not aware of any future development plans for the site. The applicant states
that annexation is requested to obtain city sanitary service because the existing septic system cannot be
repaired.
(,.�f'1 February 14 2013
PREPARED Y: Cheryl Caines DATE
Associate Planner
February 14 2013
REVIEWED BY: Tom McGuire DATE
Interim Asst. Community Development Director
HUNMfEL ANNEY-MON
ZCA2012-00002 PAGE 8 OF 8