Ordinance No. 13-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 13-
AN ORDINANCE ANNEXING ONE PARCEL OF LAND APPROXIMATELY 2.28 ACRES
IN SIZE, AND 1/2 OF THE ADJOINING 133rd AVENUE RIGHT-OF-WAY TOTALING 0.13
ACRES, APPROVING THE LENNAR ANNEXATION (ZCA2013-00001) 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)(6), 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
Sheriff s Patrol District and Washington County Urban Roads Maintenance District upon completion
of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on April 9, 2013, to consider the
annexation of Washington County Tax Map (WCTM) 2S109DB, Tax Lot 800) of land located at
15060 SW 133rd Avenue and adjoining right-of-way, and withdrawal of said parcel and right-of-way
from the Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads
Maintenance District; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from
the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and Washington
County Urban Roads Maintenance District on April 9,2013; 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 Sheriff s Patrol District and
Washington County Urban Roads Maintenance District; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning which most closely implements the City's comprehensive plan map
designation or to the City designations which are the most similar; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
ORDINANCE No. 13-0
Page 1
WHEREAS, the Tigard City Council passed Resolution 13-08 to extend the phasing in of increased
property taxes over a three-year period at the rate of 33 percent, 67 percent, and 100 percent, for
properties that voluntarily annex until February 2014 per Oregon Administrative Rule (OAR 150-
222.111); and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel and right-of-way as described
and shown in the attached Exhibits "A," "B," and "C" and withdraws said parcel
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District
and Washington County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2010-
00001) as findings in support of this decision; a copy of the staff report is attached
hereto as Exhibit "D" and incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature 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: The Tigard City Council hereby authorizes the phasing in of increased property taxes
over a three-year period at the rate of 33 percent, 67 percent, and 100 percent per
Oregon Administrative Rule (OAR 150-222.111) for the subject annexation.
SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
Washington County Enhanced Sheriffs Patrol District and Washington County Urban
Roads Maintenance District shall be the effective date of this annexation.
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
ORDINANCE No. 13- O j
Page 2
PASSED: By onanaws vote of all Council embers present after being read by number
and title only, this �l = day of ,2013.
Catherine Wheatley, City Recorder
APPROVED:By Tigard City Council this_ t dap of
✓� L ,2013.
U124014
Jo . Cook,Mayor
CAp oved as to form:
ity Attorney
z4,Z, , I �l . ;� () i 3
Date
ORDINANCE No. 13- LAS'
Page 3
ENGINEERING PLANNING LANDSCAPE ARCHITECTURE
FORESTRY SURVEYING
13910 S.W.Galbreath Dr., Suite 100 Offices Located In:
Sherwood,Oregon 97140 SHERWOOD,OREGON
Phone:(503)925-8799 ENGINEERING&FORESTRY SALEM,OREGON
Fax:(503)925-8969 VANCOUVER,WASHINGTON
AKS Job No.3346 www.aks-eng_com
EXHIBIT A
A tract of land located in the Southeast Quarter of Section 9,Township 2 South,Range 1 West,
Willamette Meridian, Washington County, Oregon being more particularly described as follows:
Beginning at a 1-1/8 inch brass disk inscribed"ALPHA COM.DEV."at the southeast corner of the
tract per Document Number 2012-058622,which bears North 8952'00"East 10.30 feet from the
northeast comer of Lot 130 of the plat"Summit Ridge No. 3";thence along the north line of Lots 129
and 130 of the plat"Summit Ridge No. 3"(being the City of Tigard city limits)and the north line of
the tract per Book 785 Pages 299-300, South 89°52'00"West 441.70 feet to a 3/4 inch iron pipe;
thence along the east right-of-way line of SW 133rd Avenue(25.00 feet from centerline)North
00°31'41"West 225.00 feet to a point;thence along the north line of the tract per Document Number
2012-058622,North 89°52'00"East 440.54 feet to a point;thence along the west right-of-way line of
SW 132nd Avenue(variable width)(being the City of Tigard city limits) South 00°49'21"East 225.01
feet to the Point of Beginning.
The above described tract of land contains 2.28 acres,more or less.
12-- 12— 12_
REGISTEKD
PROFESSIONAL
LAND SURVEYOR
OREGON
JANUARY It, 2005
ROBERT D. RETTIG
B0124LS
RENEWS: 12/31/12
ANNEXATION CERTIFIED
BY
JAN 0 9 2013
WASHINGTON COUNTY A&T
CARTOGRAPHY
PREPARED FOR EXHIBIT B
LENNAR HOMES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9,
2103 NE 129TH STREET #100 TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
VANCOUVER, WA 98686 WASHINGTON COUNTY, OREGON
f
1
25.00' WEST BOUNDARY i
25.00' TIGARD CITY LIMITS 1
DOC. NO. 2004-064783 ,
(
' N89'52'00'E 440.54'
WIDTH VARIES ? LOT 68
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Z INSCRIBED °ALPHA COM. DEV.` N
U) S89'52'00"W 441.70' I LOT 70
1 3/4" IRON PIPE LOT 129
LOT 130 1 ER IFIED
BOOK 785 i BY
1 PAGES 299-300 `SUMMIT RIDGE NO. 3"
J N 0 9 2013
WASHINGTON COUNT A& T
SCALE 1" = 100 FEET LEGEND CARTOGRAPHY
0 DENOTES FOUND MONUMENT AS NOTED
m c a DOC. NO. DOCUMENT NUMBER PER WASHINGTON
COUNTY DEED RECORDS
REGISTERED ENGINEERING • PLANNING • LANDSCAPE ARCHITECTURE
PROFESSIONAL JOB NAME: SW 133RD FORESTRY • SURVEYING
LAND SURVEYOR LICENSED IN OR & WA
JOB NUMBER: 3346
13910 SW GALBREATH
DRAWN BY: JOH DRIVE, SUITE 100
SHERWOOD, OR 97140
JANUARY I1, 2005 PHONE 503 925-8799
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ROBERT D. RETTIG CHECKED BY: RDR � IN�BRIh�ct�YJRB.S9RY )
60124LS FAX: (503) 925-8969
RENEWS: 12/31/14 DWG NO.: 121212 3346EXA OFRCES LOCATED IN SALEM, OR & VANCOUVER, WA
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Hearin Date: April 9 2011 Time: 7:30 PM
STAFF REPORT TO THE
■
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: LENNAR ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2013-00001
APPLICANT: Lennar Northwest,Inc. OWNER: Lennar Northwest,Inc.
2103 NE 129d'St,Suite 100 2103 NE 129 'St,Suite 100
Vancouver,WA 98686 Vancouver,WA 98686
PROPOSAL: A request to annex to the City of Tigard approximately 2.28 acres of property and
one-half of adjoining right-of-way along SW 133`d Avenue.
LOCATION: 15060 SW 133d Avenue;Assessor map 2S109DB,Tax Lot 800
COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County
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 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 City of Tigard 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
APPLICABLE institutional uses are also permitted conditionally.
REVIEW
CRITERIA: The approval standards for annexations are described in CommunityDevelopment
Code pC:hapters 18.320 and 18.390, Comprehensive Plan Goal 1,Gal 11,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 (ZCA2013-00001) 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 and 11.3; and Goals 14.1 and 14.2. Therefore, staff recommends
APPROVAL of ZCA2013-00001 by adoption of the attached ordinance.
LENNAR ANNEXATION
ZCA2013-00001 PAGE 1 OF 8
SECTION III. BACKGROUND INFORMATION
Vicinity Information
The subject parcel is located in the Bull Mountain neighborhood, approximately 1200 feet south of the
intersection of Bull Mountain Road and SW 132"d Avenue. The pproppeis a through lot located between
SW 133`d Avenue and SW 132"d Terrace,in the vicinity of Alberta RiderWlementary School and the Summit
Ridge and Woodside Subdivisions.
Site Information and Proposal Description
The area proposed for annexation is made up of a single parcel totaling 2.28 acres in size. The subject parcel
slopes downhill from a northwesterly to southeasterly direction,and contains an existing single family home
in the approximate center of the property. Single family homes surround the subject parcel on all sides,.
The subject parcel adjoins the City Boundary along the eastern and southeastern comers of the ppro ect site.
These lands and public right of way were annexed to the City in 2005 as part of the Alberta RiderJSummit
20
Ridge Annexation (ZCA05-00003). The proposed annexation will help to rationalize the city boundary in
this area.
Apublic election is not required for a voluntary annexation of a single parcel. However, a public hearing
before the Tigard City Council is required. The purpose of the request is to obtain urban services from the
City needed to urbanize the area and provide housing and employment opportunities as envisioned by Metro
when the subject area was placed within the Urban Growth Boundary.
SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
City: Community Development Code Chapters 18.320 and 18.390
Comprehensive Plan Goal 1, Goal 11 and Goal 14.
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;"
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.
Each service is available and adequate to serve the property as discussed below.
Water—City of Tigard. Upon annexation,City of Tigard will be the provider of water. According to the
December 7,2012 email from Senior Engineering Technician Mike White, the water system does have the
overall infrastructure and adequate capacity to serve the properties to be annexed at the most intense use
allowed without significantly reducing the level of service available to developed and undeveloped land
within Tigard. This water connection is available from both SW 133`d Avenue and SW 132nd Terrace.
Sewer— Clean Water Services/City of Tigard. Clean Water Services (CWS) is the service provider of
sewer service. Upon annexation, the City of Tigard will be the retail provider of sewer service prior to
ultimate treatment by Clean Water Services. According to the December 7, 2012 email from Senior
Engineering Technician Mike White,the City is capable of providing level sewer service without significant
reduction in the level of services provided to developed and underdeveloped properties in the City. This
service is available from a public sanitary sewer located within SW 132"d
LENNAR ANNEY—NTION
ZCA2013-00001 P AGE 2 OF 8
Drainage — Clean Water Services/City of Tigard. Clean Water Services is the current provider of
stormwater service. Upon annexation, the City of Tigard will be the provider of stormwater service.
According to the December 7, 2012 email from Senior Engineering Technician Mike White, the City has
the capacity to provide retail level storm sewer service without significant reduction in the level of services
provided to developed and underdeveloped properties in the City. This service is available from a public
storm main line within SW 133`a
Streets — City of Tigard Engineering Division. The subject property is located south of SW Bull
Mountain Road at SW 133`a Avenue, and fronts SW 132 Terrace which is presently within City Limits.
According to the December 7, 2012 email from Senior Engineering Technician Mike White, the City has
determined that it can provide street-related services to this site and doing so will not significantly reduce
the level of services to developed and underdeveloped properties in the City.
Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the
subject proposal and commented that they have no objection to it. The Tigard Police Department has
determined that it has adequate services to serve the most intense use allowed and that providing services
will not significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard.
Fire—Tualatin Valley Fire and Rescue(TR
VF& ). The subject property is in Tualatin Valley Fire and
Rescue's (I'VF&R's) service area. The &R District currently provides services to the entire Bull
Mountain area, both inside and outside of the City of Tigard. The Fire District has ,personnel and
equipment in the area that can respond to an emergency incident and implement such actions as may be
necessary for fire and/or rescue operations to developed and undeveloped land within the City of Tigard.
Parks—City of Tigard. According to the Tigard Urban Services Agreement,The City is designated as the
provider of parks within the Urban Services Area. Actualrovision of services depends on annexation of
territory within this service area, subject to the City's Park�ystem Master Plan.
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 if developed to the most intense use allowed and will not significantly reduce the level of
services available to developed and undeveloped land in the City of Tigard.
"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 and Goal 14, Policy 1- T. 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 City maintains an on oing 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 March 20, 2013: Tigard Library, Tigard City Hall,
Tigard Permit Center, and at the project site. The City published notice of the hearing in The Tigard Times
for two successive weeks (March 28, 2013 & A ril 4, 2013) prior to the April 9, 2013,public hearing. In
addition, the City maintains a list of interested parties organized by geography. Notice was mailed to
interested parties on March 20,2013. This goal is met.
"Goal 11.1: Develop and maintain a stormwater system that protects development, water
resources, and wildlife habitat.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services."
The applicant is not requesting City stormwater services at this time. It is anticipated that after annexation,
city stormwater services are likely to be requested as part of a future development application. This policy
will be met.
LENNAR ANNEXATION
ZC A2013-00001 PAGE 3 OF 8
"Goal 11.3: Develop and maintain a wastewater collection system that meets the existing and
future needs of the community.
Policy 6. The City shall require the property to be located within the city limits prior to receiving
City wastewater services."
The applicant is not requesting City wastewater services at this time. It is anticipated that after annexation,
City wastewater services are likely to be requested as part of a future development application. This policy
will be met.
"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 applicable Tigard zoning district designations are addressed below in the findings for Section
18.320.020.C. This policy is met.
"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 under findings pertaining to 18.320.020.13.1 above, consistent with this
policy. This policy is met.
"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 under findings pertaining to
18.320.020.B.1 above,consistent with this policy. This policy is met.
"B. is consistent with applicable state statute."
As reviewed below, staff finds that the provisions of ORS 222 have been met, consistent with this policy.
This policy is met.
"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 proposed annexation is located within the Bull Mountain area and will not create an unincorporated
island within the city. Public services are available and can be efficiently extended as discussed above. No
concept plans or sub-area master plans apply to the affected parcel. This policy is met."
"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."
The Washington County Land Use Districts Map and online GIS Intermap system show the affected
parcel as being within the R-6 Land Use Distract. This designation is common throughout the
unincorporated Bull Mountain neighborhood. The purpose of the Washington County R-6 District is to
implement the policies of the Comrehensive Plan or 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 or Section 303-6 of the Washington County Community Development Code. 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.
LENNAR ANNEXATION
ZCA2013-00001 PAGE 4 OF 8
The most similar City of Tigard Zoning District is the R-7 Zoning District, as set forth in TDC 18.320.1
(Conversion Table for County and City Plan and Zoning Districts). The City of Tigard 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.
This standard is met.
"Chapter 18.390.060: Type IV Procedure"
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.13, 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 20 days prior to the hearing by mail and to
publish notice at least 10 business daps prior to the hearing; the City mailed notice on March 20,2013, and
published public notice in The Tigard Times for two successive weeks (March 28, 2013 & April 4, 2013)
prior to the April 9, 2013 public hearing.
"Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;"
The City's Compprehensive Plan has been acknowledged by the Land Conservation and Development
Commission to be in compliance with state planninggoals. As reviewed above, the annexation proposal
meets the existing Comprehensive Plan policies and is, therefore, in compliance with state planning goals.
This standard is met.
"2.Any federal or state statutes or regulations found applicable;"
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of land in the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its 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 for two successive weeks prior to the hearing.
The owner of the subject parcel has signed a petition for annexation to the City. The subject parcel is
contiguous to the City's boundary. The City has acted on its own motion to annex half the right-of-way
along the SW 133d frontage of the subject property.
The City mailed notice on March 20, 2013, and published public notice in The Tigard Tualatin Sherwood
Times for two successive weeks (March 28, 2013 &April 4, 2013) prior to the April 9,2013 public hearing
and posted the hearing notice for public view on March 20, 2013 in the Tigard Library, Tigard City Hall,
Tigard Permit Center, and in two places on the subject property. Staff finds that the provisions of ORS
222 have been met.
CONCLUSION: As shown in the above findings the proposed Lennar Annexation satisfies the
applicable Comprehensive Plan Policies and implementing ordinance provisions related to Local
Government Boundary Changes.
"3.Any applicable METRO regulations;"
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
LENNAR ANN=kTION
ZCA2013-00001 PAGE 5 OF 8
addressed in annexation decisions, in addition to local and state review standards. Staff has determined
that the applicable METRO regulations have been met based on the following findings:
"Metro 3.09.045 (d) 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:
(A) Any applicable urban service agreement adopted pursuant to ORS 195.065;"
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 includespolicies 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 Tigard Urban Service Agreement is between the City, County, Metro, and the service Districts for
water, sewer, transportation, parks and public safety. The agreement outlines the role, provision,area, and
planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area
(TUSA). These services are addressed above at the beginning of this report.
As addressed previously in this report, the annexation proposal complies with all applicable provisions of
urban service provider agreements,UPAA (2006) and TUSA (2006).
"(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 applicant and property owner have submitted a petition to annex.
"(C)Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2)
between the affected entity and a necessary party;"
The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and
notice requirements in the UPAA, providing Washington County with notice prior to the public hearing.
The agreement states that "so that all properties within the Tigard Urban Service Area will be served by
the City, the County and City will be supportive of annexations to the City." The annexation proposal is
consistent with this agreement.
"(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 community plan and its public facility elements will be coordinated
consistent with the new facility plan being prepared through periodic review and with CWS and TVF&R
facility plans as required by Statewide Planning Goal 14, Urbanization. New Comprehensive Plan goals
andpolicies 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.
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"(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 will proceed consistent with the TUSA (2006),which ensures the timely,orderly,
and efficient extension of public facilities and urban services;and as stated above are available to serve the
proposed annexation territory without affecting the quality or quantity of those 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."
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 chane 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:
(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 made available to the affected property. This
standard is met.
"(2) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary parry; and"
Theproposed territory will be withdrawn from the Washington County Enhanced Sheriffs Patrol District
&Urban Road Maintenance District. This standard is met.
"(3)The proposed effective date of the boundary change."
The public hearing will take place April 9, 2013. If the Council adopts findings to approve ZCA2013-
00001,the effective date of the annexation will be May 9,2013.
"(c) The person or entity proposin 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. This standard
is met.
"(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 Lennar Annexation 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
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comprehensive plan policies.
"5.Any applicable provisions of the City's implementing ordinances."
FINDINGS: Resolution 13-08 extended previously aroved incentives for property owners that
voluntarily annex into the city limits through February M4. These incentives include waiver of the
annexation application fee, assistance with paperwork and, phasing in of increased property taxes. These
incentives have been extended to the applicant. To ensure property tax increases are properly phased, the
phasing language is included in the proposed ordinance. As demonstrated in previous sections of this
report, the proposed annexation is consistent with all other applicable provisions of the Tigard
Development Code.
CONCLUSION: Based upon previous and above findings,all applicable provisions of the city's
implementing ordinances are satisfied.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works Department, Assistant Director Brian Rager, requested the
annexation of half the adjoining right of way, consistent with city practice.
The City of Tigard Police Department reviewed the proposal and had no objections.
The City of Tigard Building Division reviewed the proposal and had no objections.
The city's Public Works Development Services Division, City Engineer, and Parks Manager were
sent a request for comments. No comments were received.
SECTION VIII. AGENCY COMMENTS
Portland General Electric reviewed the proposal and has no objections to it.
Centurylink reviewed the proposal and had no comment as the subject property is outside of their service
area.
Washington CountyGIS Technician Ted Foster noted a typographic error on the notice, stating the
assessor's map numer "2A109DB" should be "2S109DB". The staff report and related documents
reflect his change.
The following agencies and jurisdictions were sent a request for comments but provided no formal written
comments: Tualatin Valley Fire and Rescue, Clean Water Services,Metro—Land Use & Planning,
Washington County — Department of Land Use & Transportation, Washington County
Assessment & Taxation, Washington County Cartography, Tigard-Tualatin School District,
Northwest Natural Gas, Metro Area Communications, Comcast Cable Corporation, and Verizon.
March 25 2013
PREPARED BY: John Floyd DATE
Associate Planner
March 25 2013
REVIEWED BY: Tom McGuire DATE
Assistant Community Development Director
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