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Ordinance No. 13-15 CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 13- 1-Z:> AN ORDINANCE ANNEXING ONE PARCEL OF LAND APPROXIMATELY 3.14 ACRES IN SIZE, APPROVING THE PARSONS ANNEXATION (ZCA2013-00005) 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 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 November 26, 2013, to consider the annexation of Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1100) of land located at 15315 SW Bull Mountain Road, and withdrawal of said parcel and right-of-way from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS,pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on November 26,2013;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, which in this case is County R-6 to City of Tigard R-7; 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- �7 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 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" (ZCA2013- 00005) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit KD"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- ' Page 2 PASSED: By UY1 GMO(M V Svote of all Council members present after being read by number and title only,this �h day of X1 D V Q-m b-L-y ,2013. Cathy Wheatley,City Recorder APPROVED:By Tigard City Council this Q(1 day of &1Q1VC1 ri 42C A—) , 2040, Jof ook, or Approved as to form: ttorney Date ORDINANCE No. 13- f Page 3 EXHIBITA Legal description for 2S 108AB-1100 Lot 2, "WONDER VIEW ESTATES", Washington County, Oregon ANNEXATION CERTIFIED BY SEP 0 9 2013 WASHINGTON COUNTY A& T CARTOGRAPHY D edi ca t i o rx NNDW ALL AIfN Q✓TNFJf PRFSfNT,J W 0 fl D LC /{ U I E CU ESTATES Exr/n {! 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"S � I _ _ rl.fb•1LOO.nOL.,IOO.,pI if06.1100.,9G4iLbt. 1503 • ANNEXATIONCERTIFIED COUNTY BY WA:i CARTOGRAPHY COUNTY M,�' 6 y� � ^M.,.: »K CARTOGRAPHY AI- yF-%-; ]�W I. ps�..._ ..e•rys'iM. ..1.�_ '-.M/t 'a:Ac w�ur.r .t./ ,sl.•. «u, 60f � 1 • _ A ,3u. r.c _ ° F a`os' ` ��A Fk :• t�.�3F�S I'll g i-I t 1 'qm "�Y 'g _\svfl6/17/PY — ARUM 5C UNE r - y�. n.c a Y - PLOT DATE:April OE,2012 ASSESSMENT 00 77 7 ,a MK I E .aK [ e � f FOR OTHER USE t _ a i I fsaww ,vV.n«dr,.e.aMrrvq,�.�aa.vo«�sa,w S ��� �— «Ap,' 1YAYn r+.r✓,Wrro o'YY aa+4Y—b'y,r Mn,o„ RMIJI .-liA'., t 4.� -dS.. --�lL .- '- - -- -- —nc_ �, o•�nw=nna.w•rr=+.u.mmiw M.aunvasw r 61VA •��•. ,�j�.�. �. .s1p = 1 wf»m«rarn�rxwm.w TIGARD 2S 1 08AB 2S 1 08AB Hearing Date: November 26. 2013 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: PARSONS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2013-00005 APPLICANT: Greggory A Parsons OWNER: Gregory A Parsons 15315 5W Bull Mtn. Rd. 15315 SW Bull Mtn. Rd. Tigard,OR 97224 Tigard,OR 97224 PROPOSAL: A request to annex to the City of Tigard approximately 3.14 acres of property LOCATION: 14031 SW Alpine Crest Way;Assessor map 2S108AB,Tax Lot 1100 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-DensitrResidential 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, at densities of approximately 7 units an acre. 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,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. SECTION H. STAFF RECOMMENDATION Staff recommends that City Council find that the proposed annexation (ZCA2013-00005) 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 ZCA2013-00005 by adoption of the attached ordinance. PARSONS ANNEXATION ZCA2013-00005 PAGE 1 OF 8 SECTION III. BACKGROUND INFORMATION Vicinit,, Information The subject parcel is approximately 3.14 acres in size and is located at the terminus of SW 153", approximately, 350 feet north of the intersection of SW 153"' and Bull Mountain Road. Single family dwellings on lots of varying size surround the subject parcel to the west, south,and east. Cache Park Nature Area adjoins the subject parcel to the north. Site Information and Proposal Description The site consists of a single parcel of land approximately 3.14 acres in size, as stated above. The subject parcel slopes downhill towards the north and east, and contains an existing single family home and accessory buildings on the southern half of the property. A helipad and substantial parking area are also located on the property. The subject parcel adjoins the City Boundary along the western, norther,and easter sides of the project site. Aublic election is not required for a voluntary annexation of a single parcel. However, a public hearing before the Tigard Cite Council is re9uired. 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. The existing single-family home on the site presently receives potable water service by the Tigard Water District. Upon annexation, Citi of Tigard will be the provider of water. The water s)stem does have the overall infrastructure and al quate capacity to serve the property 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 153rd to the south and Cache Creek Lane to the northwest. Sewer — Clean Water Services/City of Tigard. Clean Water Services (CWS) is the seivice provider of sewer service. Upon annexation, the City ofTiggard will be the retail provider of sewer service prior to ultimate treatment by Clean Water Services. Tlie City is capable of providing sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the Ci This service is available at the property boundary from an eight inch public sanitary sewers located «11-ri Cache Creek Lane to the northwest. PARSONS_ANNE\ATION ZCA2013-00003 PAGE 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. service is available from public storm main lines within Cache Creek Lane. Streets — City of Tigard Engineering Division. The subjectroperty fronts Cache Creek Lane where it was stubbed as part of the Brentwood Estates Subdivision, anTSW 153rd which are presently within City Limits. Cache Creek Lane is intended to be extended into the subject property, and sufficient capacity is available or will be made available as part of development review for the project. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the subject proposal and commented that the)' have no objection to it. The Tigard Police Department has determined that it has adequate capacity 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 (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. The TVF&R District currently provides services to the entire Bull Mountain area, both inside and outside of the City of Tigard, so this represents no change. 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. Consistent with the Tigard Park System Master Plan,the city operates parks within the Bull Mountain Area and is in the process of developing new parkland within the Bull Mountain area, consistent with the 2009 Tigard Park System Master Plan. As a result adequate capacity exists. 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. These criteria are met. "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, Polic} 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 City maintains an on oing citizen involvement grogram. To assure citizens will be rovided an opportunity to be involved-in all phases of the planning process, the City provides notice Por Type IV land-use ap lications. The City posted, mailed, and published notice of the public hearing as follows. The C*ry ppostedpthe hearing notice at four public places on November 7, 2013: Tigard Library, Tigard City Hall,�'I'igard Pernut Center, and at the project site. The City published notice of the hearing in The Tigard Times for two successive weeks (November 7, 2013 & November 14, 2013) prior to the November 26, 2013, public hearing. In addition, the City maintains a list of interested parties. Notice was mailed to interested parties on November 7,2013. 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. PARSONS ANNEMATiON ZCA2013-00005 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, C wastewater services are likely to be requested as part of a future development application. This policy 2wbe 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 exists and is adequate as 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 annexation can be accommodated by the City's public facilities and services as addressed under findings pertaining to 18.320.020.13.1 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. Theproposed 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 comjpre.hensive 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 District. This designation is common throughout the unincorporated Bull Mountain neighborhood. The purpose of theWashington County R-6 District is to implement the policies of the Com rehensive Plan for areas designated for residential development at no more than six (6) units per acre andpno 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. PARSONS ANNEXATION ZCA2013-00005 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,at densities of approximately 7 units an acre. 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 da s prior to the hearing; the City mailed notice on November 12,2013, and published public notice in T�e Tigard Times for two successive weeks (November 7, 2013 & November 14, 2013) prior to the November 26, 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 planning goals. 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 lav (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 ofgeneral 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 SSV 133 ' frontage of the subject property. The City mailed notice on November 12, 2013, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeksNovember 7, 2013 & November 14, 2013) prior to the November 26, 2013 public hearing and poste the hearing notice for public view on November 12, 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 Parsons 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 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: PARSONS ANNEXATION ZCA2013-00005 PAGE 5 OF 8 "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 lan 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 (TU SA). 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 b} 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 U13AA (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 T TF& 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. PARSONS ANNEXATION ZCA2013-00005 PAGE 6 OF 8 "(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 Y rY 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 met. "Metro 3.09.050 (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: (1) The extent to which urban servicespresently 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" The proposed 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 November 26, 2013. If the Council adopts findings to approve ZCA2013-00003, the effective date of the annexation will be December 26,2013. "(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 application materials that address 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 Parsons 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 comprehensive plan policies. PARSONS ANNEXATION ZCA2013-00005 PAGE 7 OF 8 "5.Any applicable provisions of the City's implementing ordinances." FINDINGS: Resolution 13-08 extended previously approved incentives for property owners that voluntarily annex into the city limits through February 2014. 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 Police Department reviewed the proposal and had no objections. The city's Public Works Department, Building Division, Public Works Development Services Division, City Engineer, and Parks Manager were sent a request for comments. No comments were received. SECTION VIII. AGENCY COMMENTS 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, Tri-Met, 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, Portland General Electric, and Verizon. November 12, 2013 PREPARED BY: John Floyd DATE Associate Planner November 12,2013 REVIE\Y/ED BY: Tom McGuire DATE Assistant Community Development Director PARSONS ANNEXATION ZCA2013-00005 PAGE 8 OF 8