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Annexation-Boundary Proposal AN-0113 coy y fo c)D TO: King City City Council FROM: Ken Martin - Local Government Boundary Consultant DATE: July 29, 2013 RE. Boundary Change Proposal No. AN-0113, Annexation to King City Scheduled for Hearing Date of August 21, 2013 1. Recommendation/Action Requested: Approval 2. Background/Analysis: See Attached Staff Report 3. Financial Impact: None 4. Legal Issues: None 5. Controversial Issues: None 6. Link to Current City Policies: The relationship to the City Comprehensive Plan is covered in the attached staff report. 7. Citizen Participation: Notice of this hearing invites testimony from any interested party. Notice consisted of: 1) Posting 4 notices in the City 20 days prior to the hearing; 2) Publishing notice twice in the Tigard Times; 3) Mailed notice sent to affected local governments, and all property owners within 500 feet of the area to be annexed. 8. Other Government Participation: None, except as noted above, possible participation in the hearing. August 21, 2013 Hearing PROPOSAL NO. AN-0113 - CITY OF KING CITY -Annexation Petitioners: Property Owners/Voters: Ross & Tonya Adams, LWG LLC, James & Gulnara Browder Proposal No. AN-0113 was initiated by a consent petition of the property owners and registered voters. The petition meets the requirement for initiation set forth in ORS 222.170 (2) (double majority annexation law) and Metro Code 3.09.040 (a) (Metro's minimum requirements for a petition). The Council must review the proposal and determine whether it is in compliance with all applicable criteria. If the City Council approves the proposal it must adopt an ordinance with findings and reasons to support the approval. The territory to be annexed is located generally on the west side of the City on the east edge of SW 131 st Ave. and the west edge of SW 128th Ave north of SW Jordan Way and south of SW Dickson St. The territory contains 5.4 acres, 3 single family dwellings, a population of 9 and has an assessed value of$657,150. REASON FOR ANNEXATION. The applicants desire City services to facilitate redevelopment of the property. An attached residential development is planned for the site. CRITERIA FOR DECISION-MAKING The only criterion for deciding city boundary changes within the statutes is the territory must be contiguous to the City. However, the 1997 Legislature directed Metro to establish criteria that must be used by all cities within the Metro boundary and Metro has done so through adoption of Section 3.09 of the Metro Code. To approve a boundary change, the City must: (1) Find that the change is consistent with expressly applicable provisions in: (A) Any applicable urban service agreement adopted pursuant to ORS 195.205; (B) Any applicable annexation plan adopted pursuant to ORS 195.205; (C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020 (2) between the affected entity and a necessary party; (D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and Proposal AN-0113 - Page 1 (E) Any applicable comprehensive plan; (F) Any applicable concept plan; and (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 and services. There are no cooperative agreements, urban service agreements or annexation plans specifically adopted pursuant to ORS 195 in effect in this area. The proposal is consistent with the Comprehensive Plan as stated in the section below. LAND USE PLANNING REGIONAL PLANNING General Information This territory is inside Metro's jurisdictional boundary and inside the regional Urban Growth Boundary (UGB). Regional Framework Plan The law which dictates that Metro adopt criteria for boundary changes specifically states that those criteria shall " . . . Ensure that a boundary change is in compliance with the Metro regional framework plan, as defined in ORS 197.015, and cooperative agreements and urban service agreements adopted pursuant to ORS Chapter 195." Metro's Regional Framework Plan includes two adopted functional plans - the Urban Growth Management Functional Plan and the Regional Transportation Plan. The Regional Framework Plan, which includes the regional urban growth goals and objectives, the Growth Management Functional Plan and the Regional Transportation Plan were examined and found not to contain specific criteria applicable to boundary changes. WASHINGTON COUNTY PLANNING As noted above the Metro Code states that the Council's decision on this boundary change should be ". . . consistent with expressly applicable provisions" in any applicable comprehensive plan. Thus the applicable plans must be examined for "specific directly applicable standards or criteria." The Washington County Comprehensive Plan is the applicable plan for this area. Proposal AN-0113 - Page 2 County Planning. The Washington County Bull Mountain Community Plan designates the area to be annexed as R-15, Residential. This designation allows for densities of 12-15 units per acre with 2100 square foot minimum lot sizes for detatched dwellings and 1600 square feet for attached units. Urban Planninq Area Agreement Under the Washington County/King City Urban Planning Area Agreement (UPAA), the City is responsible for preparing the public facilities plan required by OAR 660-11 within the urban planning area. The City agrees to notify the County of any actions requiring a hearings process which is quasi-judicial in nature. The notice is required to be made at least 10 days prior to the hearing. The notice was provided more than ten days prior to the Planning Commission hearing and the City Council hearing. D. The CITY and the COUNTY agree that when annexation to the CITY takes place, the transition in land use designation from one jurisdiction to another should be orderly, logical and based on a mutually agreed upon plan. 1. For land which has COUNTY urban plan designations other than Future Development 10 Acre (FD-10), upon annexation, the CITY agrees to convert COUNTY plan designations to CITY plan and zone designations which most closely approximate the density, use provisions and standards of the COUNTY designations. CITY PLANNING The Land Use Planning element of the City's Comprehensive Plan says that: . . . The City will work toward establishing a mutually approved growth management agreement with Washington County to ensure that: b. Urban development inside King City's Urban Planning Area may be allowed to annex to the City of King City in accordance with the City Charter. The Urbanization element of the plan contains the following: Planning Responsibility and Annexation New development standards and long range policy are now controlled by Washington County for land outside the city limits. If land is annexed, the responsibility shifts to the City. The City has an agreement with the County that a "similar zoning" designation will be applied to land that might be annexed to King City. As a result, annexation does not affect the basic uses allowed on properties outside the City in the short term. The City does, however, have the ability to amend land use policies and designations for annexed land as needs of the City change. Proposal AN-0113 - Page 3 The City of King City is an active municipality concerned with maintaining the quality of life of its residents. The City recognizes that change and growth will occur regardless of any action taken by the City government. By taking an active role in the planning of areas which are undeveloped and within the City's UPA, the City can guide the type and quality of developments that are compatible with the original community. A zone change from County R-15 to City R-12 is being processed in conjunction with this annexation. A separate report will cover that issue in detail. FACILITIES AND SERVICES ORS 195 Agreements. ORS 195 requires agreements between providers of urban services. Urban services are defined as: sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. These agreements are to specify which governmental entity will provide which service to which area in the long term. The statute also authorizes creation of annexation plans and annexation plan annexations subsequent to adoption of urban services agreements. The counties are responsible for facilitating the creation of the urban service agreements. The statute was enacted in 1993 but no ORS 195 urban service agreements or annexation plans involving King City have yet been adopted. Water. Water service is provided to the City of King City via an intergovernmental agreement with the City of Tigard. There is a 12 inch water line in SW 131St adjacent to the west edge of the property to be annexed and there is an 8 inch water line in SW Dickson Street on the north edge of the property. The City may withdraw the territory from the District upon annexation. ORS 222.520, 222.120(5) and 222.465. Sewer. The City contracts with the Washington County's Clean Water Services District to provide collector sewers in the City. Clean Water Services provides treatment and major transmission lines to all of urbanized Washington County and provides collector service to some urbanized unincorporated areas. Clean Water Services has sanitary sewer lines adjacent to the territory to be annexed in SW 128t" Avenue and SW 131St Avenue. Storm Drainage. Clean Water Services has responsibility for surface water management within the Washington County urban growth boundary. Clean Water Services has entered into an intergovernmental agreement with King City for allocation of the City and the Clean Water Services responsibilities. The City owns the facilities but the District does the maintenance. Parks and Recreation. Many recreational facilities in the City are owned, managed and operated by the homeowners associations. The City has a 17 acre park on the southwest corner of the City. Transportation. The territory is within the boundary of the Washington County Urban Road Maintenance District. The City may withdraw the territory from the District upon annexation. ORS 222.520 and 222.120(5). If the City declares the territory withdrawn from the district on the effective date of the annexation the District's tax levy value will no longer apply. Police. The territory is within the Washington County Enhanced Sheriffs Patrol District. The City may withdraw the territory from the District upon annexation. ORS 222.520 and 222.120(5). If the City declares the territory withdrawn from the District on the effective date of the annexation the District's tax levy value will no longer apply. Upon annexation police services will be provided by the City Police department. Proposal AN-0113 - Page 4 Vector Control. The territory is within the County Service District for Vector Control. The City may withdraw the territory from the District upon annexation. ORS 222.520 and 222.120(5). Street Lights. The area to be annexed is within Washington County Service District No. 1 for street lights. The City may withdraw the territory from District upon annexation. ORS 222.520 and 222.120(5). Other Services. Planning and other services will be available from the City upon annexation. RECOMMENDATION Based on the study and the Proposed Findings and Reasons for Decision attached in Exhibit A, the staff recommends Proposal No. AN-0113 be approved and that the City withdraw the annexed area from the Tigard Water District, the Enhanced Sheriff's Patrol District, the Urban Road Maintenance District, the Washington County Vector Control District and the Washington County Service District No. 1 for Street Lights. Proposal AN-0113 - Page 5 2S1W16 City of King City Washington :: ■r +� ■r a a aEft — MEAs r 1 :•� �: .1 :+�� �; ;; _; � 111 1 1 r ��.l�►l►��''i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�ii�i�i�i�i�i&i�i�i�1 .�•.x..1.,.....................4 ••••••••!•!.!•!i!�!�!i!i!��Di----- ' Clark ® Data Resource Center 1 .0► NE Grand Ave City of King City Ken Martin Consulting K M C Portland.OR 97232-2736 E= Area to be annexed AN-01 13 P.O.Box 290;99 http:/ANww.oregonmetro.gov/drc Portland,OR 97296_90 �AMetro ► 222-0955 13,750 Exhibit A AN-0113 FINDINGS Based on the staff report and public hearing, the Council found that: 1. The territory to be annexed contains 5.4 acres, 3 single family dwellings, a population of 9 and has an assessed value of $657,150. 2. The applicants desire City services to facilitate redevelopment of the property. An attached residential development is planned for the site. 3. The only criterion for deciding city boundary changes within the statutes is the territory must be contiguous to the City. However, the 1997 Legislature directed Metro to establish criteria that must be used by all cities within the Metro boundary and Metro has done so through adoption of Section 3.09 of the Metro Code. To approve a boundary change. the City must: (1) Find that the change is consistent with expressly applicable provisions in: (A) Any applicable urban service agreement adopted pursuant to ORS 195.205; (B) Any applicable annexation plan adopted pursuant to ORS 195.205; (C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020 (2) between the affected entity and a necessary party; (D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and (E) Any applicable comprehensive plan; (F) Any applicable concept plan; and (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 and services. AN-0113 Findings - Page 1 Exhibit A AN-0113 There are no cooperative agreements, urban service agreements or annexation plans specifically adopted pursuant to ORS 195 in effect in this area. The proposal is consistent with the Comprehensive Plan as stated in Findings 5-7. 4. This territory is inside Metro's jurisdictional boundary and inside the regional Urban Growth Boundary (UGB). The law which dictates that Metro adopt criteria for boundary changes specifically states that those criteria shall ° . . . Ensure that a boundary change is in compliance with the Metro regional framework plan, as defined in ORS 197.015, and cooperative agreements and urban service agreements adopted pursuant to ORS Chapter 195." Metro's Regional Framework Plan includes two adopted functional plans - the Urban Growth Management Functional Plan and the Regional Transportation Plan, The Regional Framework Plan, which includes the regional urban growth goals and objectives, the Growth Management Functional Plan and the Regional Transportation Plan were examined and found not to contain specific criteria applicable to boundary changes. 5. As noted in Finding No. 3, the Metro Code states that the Council's decision on this boundary change should be ". . . consistent with expressly applicable provisions" in any applicable comprehensive plan. Thus the applicable plans must be examined for "specific directly applicable standards or criteria." The Washington County Comprehensive Plan is the applicable plan for this area. The Washington County Bull Mountain Community Plan designates the area to be annexed as R-15, Residential. This designation allows for densities of 12-15 units per acre with 2100 square foot minimum lot sizes for detatched dwellings and 1600 square feet for attached units. 6. Under the Washington County/King City Urban Planning Area Agreement (UPAA), the City is responsible for preparing the public facilities plan required by OAR 660-11 within the urban planning area. The City agrees to notify the County of any actions requiring a hearings process which is quasi-judicial in nature. The notice is required to be made at least 10 days prior to the hearing. The notice was provided more than ten days prior to the Planning Commission hearing and the City Council hearing. D. The CITY and the COUNTY agree that when annexation to the CITY takes place, the transition in land use designation from one jurisdiction to another should be orderly, logical and based on a mutually agreed upon plan. 1. For land which has COUNTY urban plan designations other than Future Development 10 Acre (FD-10), upon annexation, the CITY agrees to convert COUNTY plan designations to CITY plan and zone designations which most AN-0113 Findings - Page 2 Exhibit A AN-0113 closely approximate the density, use provisions and standards of the COUNTY designations. 7. The Land Use Planning element of the City's Comprehensive Plan says that: . . . The City will work toward establishing a mutually approved growth management agreement with Washington County to ensure that: b. Urban development inside King City's Urban Planning Area may be allowed to annex to the City of King City in accordance with the City Charter. The Urbanization element of the plan contains the following: Planning Responsibility and Annexation New development standards and long range policy are now controlled by Washington County for land outside the city limits. If land is annexed, the responsibility shifts to the City. The City has an agreement with the County that a "similar zoning" designation will be applied to land that might be annexed to King City. As a result, annexation does not affect the basic uses allowed on properties outside the City in the short term. The City does, however, have the ability to amend land use policies and designations for annexed land as needs of the City change. The City of King City is an active municipality concerned with maintaining the quality of life of its residents. The City recognizes that change and growth will occur regardless of any action taken by the City government. By taking an active role in the planning of areas which are undeveloped and within the City's UPA, the City can guide the type and quality of developments that are compatible with the original community. A zone change from County R-15 to City R-12 is being processed in conjunction with this annexation. A separate report covers that issue in detail. 8. ORS 195 requires agreements between providers of urban services. Urban services are defined as: sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. These agreements are to specify which governmental entity will provide which service to which area in the long term. The statute also authorizes creation of annexation plans and annexation plan annexations subsequent to adoption of urban services agreements. The counties are responsible for facilitating the creation of the urban service agreements. The statute was enacted in 1993 but no ORS 195 urban service agreements or annexation plans involving King City have yet been AN-0113 Findings - Page 3 Exhibit A AN-0113 adopted. 9. Water service is provided to the City of King City via an intergovernmental agreement with the City of Tigard. There is a 12 inch water line in SW 131 st adjacent to the west edge of the property to be annexed and there is an 8 inch water line in SW Dickson Street on the north edge of the property. The City may withdraw the territory from District upon annexation. ORS 222.520, 222.120(5) and 222.465. 10. The City contracts with the Washington County's Clean Water Services District to provide collector sewers in the City. Clean Water Services provides treatment and major transmission lines to all of urbanized Washington County and provides collector service to some urbanized unincorporated areas. Clean Water Services has sanitary sewer lines adjacent to the territory to be annexed in SW 128" Avenue and SW 131 St Avenue. 11. Clean Water Services has responsibility for surface water management within the Washington County urban growth boundary. Clean Water Services has entered into an intergovernmental agreement with King City for allocation of the City and the Clean Water Services responsibilities. The City owns the facilities but the District does the maintenance. 12. Many recreational facilities in the City are owned, managed and operated by the homeowners associations. The City has a 17 acre park on the southwest corner of the City. 13. The territory is within the boundary of the Washington County Urban Road Maintenance District. The City may withdraw the territory from the District upon annexation. ORS 222.520 and 222.120(5). If the City declares the territory withdrawn from the district on the effective date of the annexation the District's tax levy value will no longer apply. 14. The territory is within the Washington County Enhanced Sheriffs Patrol District. The City may withdraw the territory from the District upon annexation. ORS 222.520 and 222.120(5). If the City declares the territory withdrawn from the District on the effective date of the annexation the District's tax levy value will no longer apply. Upon annexation police services will be provided by the City Police department. 15. The territory is within the County Service District for Vector Control. The City may withdraw the territory from the District upon annexation. ORS 222.520 and 222.120(5). 16. The area to be annexed is within Washington County Service District No. 1 for street lights. The City may withdraw the territory from District upon annexation. ORS 222.520 and 222.120(5). 17. Planning and other services will be available from the City upon annexation. AN-0113 Findings - Page 4 Exhibit A AN-0113 CONCLUSIONS AND REASONS FOR DECISION Based on the Findings the Council determined that: 1. The Metro Code calls for consistency with expressly applicable provisions of urban service agreements adopted pursuant to ORS 195. The City is not a party to an urban service agreement adopted pursuant to ORS 195. Therefore no inconsistencies exist. 2. The Metro Code requires consistency with expressly applicable provisions of any applicable annexation plan adopted pursuant to ORS 195.205. The City does not have an annexation plan that covers this area. Therefore the boundary change is not inconsistent with any such plan. 3. Metro Code 3.09.045 (d) (1) (C) requires the Council to find that the boundary change is consistent with any applicable cooperative planning agreement adopted pursuant to ORS 195.020 (2) between the City and a necessary party. The City is not a party to a cooperative agreement required by ORS 195. Therefore the Council concludes the proposal is consistent with this requirement. 4. The Metro Code at 3.09.045 (d) (1) (D) calls for consistency between the Council decision and any "expressly applicable provisions" contained in any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services. The City provides services in accord with its Public Facility Plan. Therefore the Council concludes this decision is consistent with this requirement. 5. The Metro Code calls for consistency with expressly applicable provisions in any applicable comprehensive land use plans. The County Comprehensive Plan anticipates City annexations taking place in this area. The City Comprehensive Plan likewise anticipates City annexation of this area. Neither Plan contains specific criteria to be met as a condition of annexation approval. Therefore the Council finds no inconsistency with expressly applicable provisions of applicable plans. 6. Metro Code 3.09.045 (d) (2) (A) requires consideration of whether the boundary change would "Promote the timely, orderly and economic provision of public facilities and services." All necessary urban services can be provided to the area via existing special districts which overly the City or directly by the City. Therefore services will be available in a timely, orderly and economic fashion. 7. The Metro Code at 3.09.045 (d) (2) (B) calls for consideration of whether the boundary change will affect the quality and quantity of urban services. As noted in the reason above and in Findings 9-16 all services will be available to the area of this proposed boundary change. 8. The Council is to consider whether the boundary change would "Eliminate or avoid unnecessary duplication of facilities or services." As the proposal is in accord with applicable plans and all services are available, the Council concludes this criterion is met. AN-0113 Findings - Page 5