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Ordinance No. 15-12 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2015- Lc*a AN ORDINANCE ANNEXING THREE (3) PARCELS OF LAND TOTALLING APPROXIMATELY 1.54 ACRES,APPROVING THE ROSACKER ANNEXATION (ZCA2015- 00001) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. A N D ?i 6 A R D WA-TE-P- J71 S T2/e-7 WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the 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 July 14,2015,to consider the annexation of three (3)parcel Washington County Tax Map (WCTM) 2S104BC,Tax Lots 300,400,& 500 of land located on SW Fern Street, and withdrawal of said parcels 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 on July 14,2015;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar;and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 15- //Z Page 1 SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and"B",and withdraws said parcels from the 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' (ZCA20015- 00001) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C"and incorporated herein by this reference. SECTION 3: 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 4: 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 5: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By jl/fQ jA26KS vote of all Council members present after being read by number and title only,this l�/'`� day of , 2015. 7��rrP ,�iias, Carol A. Krager, City Recorde APPROVED: By Tigard City Cound this Z`L day of ,2015. %bT)i tl P.1711 VAN" Approved as to form: John0,(Y(X,Mayor City Attorn -:it-IIg I I Date ORDINANCE No. 15- Page 2 cl� �` 2S 1 04BC 2S 1 04BC �� *s ``.7anrw rw ww w " Aw ,sv 9i1 i r�� p ,ww Hr• OJQ` :�� t' ✓• •nry WIND.40NG rwC;^.,a 42 r ,a•` a sw -M" +, „♦ ?tt s ° •t •. srwr 'APR 7 2015 w. w rr ,a„ w,. •ti.w ww r. -"'••-n .ct ' 6 wr s. w'r ww r �7j `by swr +Ian a�R TM{= p I.p� e•: a"'r w.a "" ww ..a ' k*f l•�A tIIY C! TWRD "" •wt"r• •r+ wr w"wrrN . ww •u• ww •e w a I •�� r x t tl ` F�4ININGIENGINE�iflG i �t - y'ti Vi b. NNe 3= 1 A I L rL r rr ,.11Ht..•:,..tw.i.-. .....lR'r a + L lar ■.,. ,.. ,rw jj +��,,,,�� Nm 7ppp r11ia ~i so 'Ot'tr E i jNt `rl or.- 1 1 r Q •• xN + J t4 700 rr rw r•r rw ^s,r mr 4p ! 3,�,w■ ww rr vw rr r ,.r rr aa • cv °+ ig9p am + SW A �� WALNUT w. 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CT �f • � 1 L y uoo i t ,.■.■ ,.0, ... .,,, e C o 20 • 51.7_ 'a : 51-78 �+ ..^ .; .rr 5,� ft, of ':" ; 77 „ a 3 t a= a �r � 8' • �' e _ V. ,�0 0 a -„ V V w r. .� a r� F ; C&%*WTs*MFw. as MW 2 � � ■ s a. 1f1 2t wa7wAea7e■A,pAaw.w■■arla7wlwla w t ^ R • am ■ noc $ ra,ac f�/�1 . i M W F m Go ; '■0° ; •i°De j p'o E R ww ANNEXATION CERTIFIED BY arm ».� i gw«H a, '- WASHINGTON COUNTY L '�^1•t- '� I=- ti. CARTOGRAPHY '•� /y1`t a pp ; 1 1�7 ' 4/2212015 tt �•-.a•�N r-rt CID �'r• w.. wn law e a*WIDN LC727 q00 • 7 t i pY00 V. .�-1 C7 aeu r.•r N p00 b S• r .w _� (Wa2 tf.c • 1 � � 9 Dr• r `rieo p{ '�'�.�frn��4«i tl ■ � � r aw a + �`,w�.r � • �� ltfbe ; ■ Ileo + ;r W ofwvwtAVr a �� C�AR7C�GRAP�IY t •� t ' 1 9 Io o t $7 1 r i t�fes» am A �, y -S am 7t ,.w... :. .mow. _�`B � .. ..,r.!. ..-^✓ +'.: t �0 pm �1 e:� '', •OT DATE:June 18,2014 m t s 09/tip t �1 ^- +p8� ^r� qa; . .... +ar.....,...r � rr n. _ O rr - w gg +pg L : H r< a ".wy..• w ww ORASY- NOTRELYrONts = y J•�F 7wrerl■ • 1LS y 9 •• 7 `f .•. ... FOR OTHER USE N 0� 1• w�.r ! a•ry a• � t ."a4 • 9 �-« N7 "..",� t AwMre,wr �'a+ i err •'w-31 12^"r'-r 1 g Ot•( i' www„w c..rmr•.r.;-.rs,,..:-..ww..-..rr-..•....a..-...y•.u.a.ervwna.•�ro -r n Q f. 12siv V N Z No a ' #1 -1 ' t t .�.a � .. w ,.r N•.si � � 6 � � � 4��w�'+■�ti R la7ac + CD :�� r3..t T••cn• 74 x ' TIGARD 2S 1 048C 2S 1 04BC Exhibit B Legal description for annexation Lot 9, Handy Acres,a subdivision in the Northwest quarter of Section 4,Township 2 South, Range 1 West,Willamette Meridian, in the County of Washington and the State of Oregon. ANNEXATION CERTIFIED BY APR 2 2 2015 WASHINGTON COUNTY A& T CARTOGRAPHY Exhibit C Hearin Date: JuLy 14 2015 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL e FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: ROSACKER ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2015-00001 APPLICANT: William Rosacker 401 Kemper Crest Dr. Newberg,OR 97132 OWNER 1: William&Rhonda Rosacker OWNER 2: Josh&Jennifer Loesche 401 Kemper Crest Dr. 14065 SW Fern St. Newberg,OR 97132 Tigard,OR 97223 PROPOSAL: A request to annex appproximately three parcels totaling approximately 1.50 acres into the city of Tigard. The site is located on the north side of S)X' Fern Street within a 7.79 acre island of unincorporated Washington County properties. LOCATION: 14033 SAX'Fern Street;WCTM 2S104BC,Tax Lot 300 14047 SVX'Fern Street;W'CTM 2S104BC,Tax Lot 400 14065 SW Fern Street;WCI11I 2S104BC,Tax Lot 500 COUNTY ZONE: R6: Residential, 5 units/acre minimum density, 6 units/acre maximum density. The purpose of the R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300- 2, Section 300-5, or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1, Goal 11.1 Policy 4), Goal 11.3 (Policy 6), and Goal 14.2 (Policy 1-4); ORS Chapter 222; and Metro Code Chapter 3.09. ROSACKER ANNEXLMON ZC N2015-00001 PAGE 1 OF 8 SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2015-00001) 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; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14.2, Policy 1-4. Therefore,staff recommends APPROVAL of ZCA2013-00002 by adoption of the attached ordinance. SECTION III BACKGROUND INFORMATION The 1.50 acre annexation site is made up of three parcels located on the north side of SW Fern Street. Bordered by the City of Tigard on three sides, the site is within a 7.79 acre "island" of unincorporated Washington County. The two northern parcels (tax lots 300 and 400) are vacant, and the applicant/owners are requesting annexation for future development. That development is not part of this proposal. The third parcel (tax lot 500) is developed with a single-family home on septic. Utilities are available in the area and can be extended to serve the site. Current Washington County zoning of the property is R-6; equivalent city zoning will be R-7. Properties to the east are zoned R-6. Properties to the north, south and west are within the City of Tigard and are zoned R-12 (PD),R-7,& R-7(PD). SECTION IV APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1-4). State: ORS Chapter 222 Regional:Metro Code Chapter 3.09 A CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Staff has determined that the proposal is consistent %ith the relevant portions of the Community Development Code based on the following findings: Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to stormu*ater management,water supply and distribution,wastewater management, community facilities, and private utilities. In addition the comprehensive Plan Glossary includes public safety,parks, and transportation. All services are a�ailable to the proposed annexation site and have adequate capacit} to serve existuig and future development. Water—City of Tigard/Tigard Water District. The property lies within the Tigard Water Service Area. The applicant states that the site can be served by an existing 6-inch water main in Fern Street. The existing home on tax lot 500 is already served by this line. There is adequate capacity to serve future homes on the vacant parcels. Sewer—City of Tigard. City sanitary and storm is available at the property line of the two undeveloped parcels (tax Tots 300 and 400) through a public easement that runs along the site's northwest boundary. The applicant proposes to extend the public sewer lines 170 feet to the eastern boundary of the site and Ferna sanitary lateral for tax lot 500 for future connection. The site slopes down to the north from Fern Street. There is no sewer in Fern Street. Based on information supplied to the applicant by the City of Tigard Public Works Department,there is adequate capacity to serve the future homes. ROSACKER ANNEXATION ZCA2015-00001 PAGE 2 OF 8 Streets—City of Tigard Engineering Division. The subject property-is located on SW Fern Street. The pproposed annexation will not affect this access. Future homes will have access to SW Fern Street; however, the applicant will plan for the possible future extension of SW Walnut Lane through the site. The properties are within the Washington County- Urban Road Maintenance District andwill be removed from the district upon annexation. Police — City of Tigard Police Department. Police services are currently provided by the Washington County Sheriff. If approved, the property will be withdrawn from the Enhanced Sheriff's Patrol District. Jim Wolf of the Tigard Police Department has reviewed the proposed annexation and has no objections. Fire —Tualatin Valley Fire and Rescue (TVF&R). The sub'ect property is in Tualatin Valley Fire and Rescue's (I'VF&R's) service area. The TN'F&R District currenX provides services to site, which will not change following annexation. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations. Parks—City of Tigard. There is an existing public open space on Fern Street near the proposed annexation site. The annexation and development of this property will not adversely impact the city's ability or capacity, to provide parks. System Development Charges for Parks will be collected for any future homes constructed on the site. CONCLUSION: Based upon this review, staff finds that all public services and facilities (as defined by the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to provide service. The proposed annexation will not reduce the level of services within the City of Tigard. This criterion is 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; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens x;U 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 June 23, 2015: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the sub)ject property on 14033/14047/14065 SW Fern Street. The City published notice of the hearing in The Ti,gard Times for two successive weeks Quly 2 and July 9, 2015) prior to the July 14, 2015, public hearing. The City- also mailed notice to all interested parties and surrounding property owners within 500 feet on July 22,2015. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. Stormwater service will be provided by the City but lines will not be extended until the two northern parcels are developed. Drainage will be directed to the north away from SW Fern Street. A downstream analysis will be necessary as part of the subdivision application to determine what improvements must be provided by the applicant to accommodate the increased stormwater. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. ROSACKER ANNEXr MN ZCA2015-00001 PAGE 3 OF 8 City of Tigard sanitary service is available along the northwest boundary of the site and can be extended to serve all three parcels. Future public sanitary lines within the proposed subdivision will be owned and maintained by the City of Tigard. The applicant will not receive City services prior to annexation. 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. Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. Capacity has been addressed above,consistent with this policy. Policy 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and The availability of the City's public facilities and services has been addressed above, consistent with this policy. B. is consistent with applicable state statute. As reviewed in this report, staff finds that the provisions of ORS 222 have been met, consistent with this policy. Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject site lies within a 7.79 acre island of unincorporated Washington County made up of seven (7) parcels. The proposal will result in three of those parcels being annexed to the city. Prior to submittal the applicant approached the property owners within the island to join the annexation. Only one neighboring property owner joined the application. In addition, the Cite sent invitations to adjacent owners to loin the annexation but did not receive an), responses. Elimination of the unincorporated island is not possible at this time;however,the proposal does shrink the size of the island to 6.29 acres. CONCLUSION: Annexation of additional parcels is not necessary- at this time. The city has coordinated ,%ith allJurisdictions and agencies within/near the annexation site. The City of Tigard has the services/facilities available and at adequate capacity to serve the site. The proposed annexation is consistent with applicable Comprehensive Plan policies. This criterion 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. FINDINGS: All of the subject property is currently zoned R-6 (Washington County). This zone is intended for residential development at no more than 6 units per acre and no less than 5 units per acre. Table 18.320.1 in the TDC summarizes the conversion of the County's plan and zoning designations to City designations which are most similar. According to this table, the City designation most similar to R-6 is R-7 zoning. ROSACKER ANNEXATION ZCA2015-00001 PAGE 4 OF 8 CONCLUSION: Upon annexation the property will be zoned R-7, which most closely implements Washington County s comprehensive plan and zoning designations (R-6). This criterion is met. Chapter 18.390.060• Type IV Procedure Annexations are processed by means of a Type IVprocedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained to 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a heang on an annexation. It also requires the City to provide notirice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days prior to the hearing; the City mailed notice on June 23, 2015, and Y hshed public notice in The Tigard Times for two successive weeks Quly 2 &July 9, 2015) prior to the 14,2013 public hearing. Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; FINDINGS: The city's Compprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals and as reviewed above, the annexation proposal is consistent with Tigard Comprehensive Plan goals and policies. CONCLUSION: Theproposal is consistent with the city's acknowledged Comprehensive Plan. Therefore, the proposal complies with statewide planning goals,including citizen involvement,public facilities,transportation, and urbanization. 2.Any federal or state statutes or regulations found applicable; FINDINGS: 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 landd m the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a ci to act on its own motion to annex contiguous territory. A city is not required to hold an election or 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 da} of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for the same two week period. The owners of the subject parcels have signed a petition for annexation to the City. The site is contiguous to the City's boundary. The City mailed notice on June 23, 2015,and published public notice in The Tigard Times for two successive weeks Quly 2 &July 9, 2015) prior to theJuly 14, 2015 public hearing and posted the hearing notice for public view on June 23, 2015 in the Tigard Library, Tigard City Hall, Tigard Permit Center, and at the site on SAX/Fern Street. CONCLUSION: Staff finds that the provisions of ORS 222 have been met. 3.Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the Metro regulations for Local Government Boundary Changes and addressed the applicable regulations (Metro Code 3.09.045(d) & (e) and 3.09.050)below: ROSACKER ANNEXATION ZCA2015-00001 PAGE 5 OF 8 FINDINGS: Metro 3,09.045 (d)and (_e)) The proposed annexation is not being reviewed through an expedited process, 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 Tigard Urban Service Agreement (TUSA) 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. These services are addressed above at the beginning of this report. The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. The City has followed all processing and notice requirements in the LIPAA providing notice to Washington County. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City,the Count} and Cit} will be supportive of annexations to the City." (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 the annexation was initiated by the property owner. The applicant has submitted a petition to annex signed by both property owners. There are no registered voters at the site. (C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Special districts would include fire, water, school, and sewer districts. These districts are the same within the county and city with the exception of the sewer district, which will be the City of Tigard following development of the subdivision. Planning for these areas will still be considered by the same special districts upon annexation due to existing agreements with the City. (D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part ofperiodic review. New Comprehensive Plan goals and policies for public facilities were adopted in 2008 (Goal 11), and the applicable goals and policies were addressed previously in this report. The proposed annexation is consistent with the Tigard Public Facility Plan. (E)Any applicable comprehensive plan; and The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed previously in this report. ROSACKER ANNEXAMN ZCA2015-00001 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 allow urban services to be provided to the site for existing and future homes and to future urban development on the sites to the east that may annex in the future. In addition,Tigard Police will serve the site instead of Washington County Sherriff. TVF&R will continue to provide service as it is a county-wide provider. (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 change decision, the approving entity shall make available to the public a report that addresses the criteria in subsection (d) below, and that includes at a minimum the following: The staff report was available June 29, 2015,fifteen days prior to the public hearing. (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available and can be extended to the affected territory. g2) Whether the proposed boundary change will result in the withdrawal of the affected territory om the legal boundary of any necessary parry; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District and Urban Road Service District upon completion of the annexation. This withdrawal is incorporated into the proposed ordinance. (3)The proposed effective date of the boundary change. The public hearing will take place July 14, 2015. If the Counciladopts findings to approve ZCA2015- 00001, the effective date of the annexation will be upon filing with the Secretary of State office per Oregon Revised Statutes (ORS 222.180). (c) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria as demonstrated in this staff report. (d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (d) and (e) of Section 3.0.045. The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously addressed in this report. CONCLUSION: As shown in the above findings the proposed annexation satisfies the Metro Code regulations related to Local Government Boundary Changes.This criterion is met. ROSACKER ANNEXATION ZCA2015-00001 PAGE 7 OF 8 (Tigard CDC 18.390.060 continued) 4.Any applicable comprehensive plan policies; and FINDINGS: Findings addressing the applicable Comprehensive Plan policies were provided previously in this report. CONCLLTSION: As previously demonstrated, the proposed annexation is consistent with all applicable comprehensive plan policies. 5.Any applicable provisions of the City's implementing ordinances. FINDINGS: Resolution 13-08 extended previously approved incentives for property owners that voluntarily annex into the city limits for reasons that do not include the need for city services. These incentives include waiver of the annexation application fee, assistance with paperwork and, phasing in of increased property taxes. Because the annexation is needed to serve the site for future development, these incentives cannot be extended to the applicant. As demonstrated in previous sections of this report, the proposed annexation is consistent with all other applicable provisions of the Tigard Development Code. CONCLUSION: Based upon the findings above, all applicable provisions of the city's implementing ordinances are satisfied SECTION VII. AGENCY COMMENTS Representatives of City of Tigard Police and Public Works reviewed the proposal and had no objections. SECTION VIII. PUBLIC COMMENTS The City mailed notice to surrounding property owners within 500 feet. No written public comments were received as of June 24, 2015. June 24.2015 PREPARED BY: Cheryl Caines DATE Associate Planner i June 24,2015 REVIEWED BY: Kenna-Asher DATE Community Development Director ROSACKER ANNFX-knON ZCA2015-00001 PAGE 8 OF 8