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Ordinance No. 18-17 CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- l 7 AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City;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 Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on July 16,2018, and Tigard City Council held a public hearing on August 14, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD,Tax Lot 9400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2) public hearings on the issue of annexation into the City on July 16,2018 and August 14,2018;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 Road Maintenance District;and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation, or to the City designations which are the most similar; and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09,and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 18- 17 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00003) as findings in support of this decision; a copy of the recommendation 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 a certified copy of this 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 the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. PASSED: By 7,im fimti-4 vote of all Council members present after being read by number and title only, this /`'/ day of "'a GI42& , 2018. Carol A. Krager, City Recorder APPROVED: By Tigard City Council this 11 741—day of , 2018. ri Approved as to form: Jo L. Cook,Mayor C22-9 / City Attorney Date ORDINANCE No. 18- 17 Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4, Township 2 South,Range 1 West of the Willamette Meridian; being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also, being portions of Lots 23 and 24, Handy Acres, in Washington County, Oregon; and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991,Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02°16'21" West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87°43'39"West a distance of 120.87 feet,more or less,to a point of non-tangent curvature, also being the east line of that property by Document No. 2018- 013522,Washington County Deed Records; thence, along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°57'56"(chord bears South 12°49'23" West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16°18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991, South 87°43'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line, also being the east line of said Lot 23, South 02°16'21"West a distance of 475.54 feet,more or less,to the southwest corner of said Lot 24, also being on the north line of Tract A,Hillshire Woods; thence along the south line of said property, South 88°43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24, also being the southwest corner of Tract E,Hillshire Woods; thence along the west line of Lot 24 and the east line said Tracts E and F,Hillshire Woods,North 02°16'21"East a distance of 701.77 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. REGISTERED Area includes 2.408 acres, more or less. PROFESSIONAL 1 10 SURVEYOR OREGON JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: 12 it, 0 0 50' 100' ��_J I TRACT F TRACT E SCALE:1 Ni= 00' HILLSHIRE HILLSHIRE WOODS WOODS 7 N65'55'59"W 50.00' POINT OF BEGINNING 4/4 NO2'16'21"E 701.77'± c -02'16'21"W 147.76' NO oo .t . LOT 24 ro 4� HANDY ACRES BOOK 1099 fN87'43'39 W 120.87' DOCUMENT N0. . ci PAGE 991 2017-066363 1 ;o TRACT A HILLSHIRE . .. S0216'21"W 475.54' �� WOODS - 87 43 39 E 21.37ILi, co 516'18'2 "W87.70' wwN�� r'�rY �R=125.00' LOT 23 ww/:26:28 d=6'57'56" HANDY ACRES ~O � Iz O_1(f) v _ DOCUMENT NO. J=' J= L=CH15.20' 2018-013522 512'49'23"W ' o J 1 I fx J J U / 2 CHASE PROPERTY — EXHIBIT B ATE ATEBY 8/92018 III WESTLAKE LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 ED BY CAJ CONSULTANTS nreECM) TOWNSHIP 2 S., RANGE 1 W., W. M. GRA ENGINEERING • SURVEYING • PLANNING REVISION WASHINGTON COUNTY, OREGON 0 PACIFIC CORPORATE CENTER 15115 S.A. SEQUOIA PARKWAY. SUITE 150 (503) 084-0052 JOB NO. 0330-020 TIGARD, OREGON 97224 FAX (509) 024-0157 EXHIBIT C Hearing Date:August 14,2018 Time: 7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CHASE ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard, OR 97223 PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street. The 2.38-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400 COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone 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 are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. CHASE ANNEXATION PAGE 1 OF 12 ZCA2018-00003 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2018-00003)meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2018-00003 to City Council. SECTION III. BACKGROUND INFORMATION The 2.38-acre site (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135r1i Avenue. According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts, the subject property is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. The subject property and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. On July 16, 2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00003). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council(on August 14,2018). City staff followed public noticing requirements, in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09, and ORS Chapter 222. City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public library,and at the subject site);city staff mailed public CHASE ANNEXATION PAGE 2 OF 12 ZCA2018-00003 hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial annexations shall be decided by the city council with a recommendation by planning commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application, following a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval Criteria. The approval authority shall approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to, and do not supersede, applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on June 11, 2018. Public hearings for deliberations on this proposed boundary CHASE ANNEXATION PAGE 3 OF 12 ZCA2018-00003 change were scheduled before Planning Commission(on July 16,2018) and before City Council(on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018)prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.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 is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer,public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation property, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington 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 later in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(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. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; CHASE ANNEXATION PAGE 4 OF 12 ZCA2018-00003 The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rules Chapter 660,Division 25.As addressed under Comprehensive Plan,Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 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. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services,instead of the Washington County Sheriff's Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. 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. The subject site is not located outside the UGB. Therefore, this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was made available to the public on June 28, 2018, more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including CHASE ANNEXATION PAGE 5 OF 12 ZCA2018-00003 any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation area will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriffs Patrol District, and the Washington County Urban Road Maintenance District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00003, the effective date of this annexation will be three years after the effective date of the approving ordinance, as outlined in ORS 222.750(5). 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 through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2. The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that 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 that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application CHASE ANNEXATION PAGE 6 OF 12 ZCA2018-00003 or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations.As outlined in the table above, the assignment of city designations for the subject property will be based on these conversions, and shall occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 2018, more than 15 days prior to the public hearing before Planning Commission. Goa111: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management,Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. Staff interprets the phrase"all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. CHASE ANNEXATION PAGE 7 OF 12 ZCA2018-00003 Stormwater—City of Tigard Public Works Department. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area. The subject site is currently served by an existing water main along SW Fern Street.The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Police—City of Tigard Police Department.The Washington County Sheriff's Office currently provides police services to the subject property. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site.The City of Tigard Police Department reviewed the applicant's proposal,and had no objections. Fire — Tualatin Valley Fire and Rescue. The subject property is located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request.TVF&R reviewed the applicant's proposal,and had no objections. Parks — City of Tigard Public Works Department. This proposal is to annex a 2.38-acre "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District.The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area,or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and CHASE ANNEXATION PAGE 8 OF 12 ZCA2018-00003 determined there is adequate capacity to serve the existing property. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal, and had no objections. Goal 14.2, 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 designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation property, and have sufficient capacity to provide service. Goal 14.2,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 As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, 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 property (13992 SW Fern Street;WCTM 2S104BD, Tax Lot 9400) and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300 have also submitted a request to annex in order to connect to city sewer. Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island,"which is consistent with the policy outlined above. CHASE ANNEXATION PAGE 9 OF 12 ZCA2018-00003 OREGON REVISED STATUTES ORS Chapter 222--City Boundary Changes; Mergers; Consolidations; Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and, except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing; ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of 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 a like period. The City of Tigard has initiated this application to annex the subject property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400).The City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection.Therefore,an election is not required for this annexation application. However, the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (on July 16, 2018) and before City Council (on August 14, 2018). City staff published, posted, and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission; public hearing notices were posted in four public places on June 25,2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25, 2018. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5, the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. CHASE ANNEXATION PAGE 10 OF 12 ZCA2018-00003 (4) Unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for,and in,residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved.The city recorder or other officer performing the duties of the city recorder shall: (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b) Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. The subject property is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one before City Council on August 14, 2018. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018- 00003, the effective date of this annexation will be three years after the effective date of the approving ordinance. Furthermore,city staff will record notice of the delayed annexation with the Washington County Assessment and Taxation Department,Recording Division within 60 days after City Council approves this application, and will notify the county between 120 days to 90 days before the annexation takes effect. SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of the applicant's proposal, and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25, 2018.As of July 30,2018, no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission, Draft Minutes dated July 16,2018 CHASE ANNEXATION PAGE 11 OF 12 ZCA2018-00003 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. July 30,2018 PREPARED BY: Lina Smith Assistant Planner July 30,2018 APPROVED BY: Tom McGuire Assistant Community Development Director CHASE ANNEXATION PAGE 12 OF 12 ZCA2018-00003 C- r , - -' R-254PD,) R-4.5 -C '( "F ' `,i., -;°� r r �, e// 7, Attachment 1:Zoning Map 4� ���� ���*,* ,-A .A HVIEW DR ''� -tea � ,� ' �� / v (/ f R-25 Generalized Zoning Categories I / R"1\2/(P�),_ '/ %� /'/� IENISH ST �/ r / , ✓ -/ i A ,, i —-IC� Zoning DeccriDtioa • ( MARCIA DR I =� .1., / j � /L i /(t, '. /,iN X/ � _ '/. /� // �/. ` -Ia — Residential ' � f �;� . •+� �Mixed Use Residential W LNUT LN t I I I I I \ ,Commercial %R-7) i + + W) I = R-7 = WALNUT IN UMixedUse t3 '1,'/1 1 I t— I 1 f-iT 1 1 (PP') h > I IM I— I + \� jTriangle Mixed Use '` / '" N u 4 j/ Mixed Use Employment r� — I I -�W I -�_1t—I —R- 5 Industrial 1 ROSY CTI �\ r\\,'",-",. \'' ' , ',,, it,! 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C7�. _ i Tr'"'�nlrt'S Tigard, 03OR 3 9-417723 N I i 5 l auwi.5gard-or.gov Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes,July 16,2018 Location:Tigard Civic Center Town Hall,13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Agnes Lindor,Associate Planner; Lina Smith,Assistant Planner, Schuyler Warren,Associate Planner, Susan Shanks, Senior Planner; Principal Engineer Khoi Le COMMUNICATIONS —President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21, 2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the May 21 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land, located at 13990 SW Fern Street, into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16,2018 Page 1 of 9 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00002) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00002 to City Council. APPLICANT PRESENTATION —Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed July 16, 2018 Page 2 of 9 RESULT - Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION - ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioner Feeney. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit B). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3,Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00003 to City Council. APPLICANT PRESENTATION —the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION July 16, 2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE - All in favor—none opposed. RESULT - Motion for approval passes unanimously. (9 —0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE Z0N2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioners Lieuallen,Jackson, Fitzgerald, Feeney, Roberts, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each hearing) and a PowerPoint (Exhibit C) regarding the proposal below: • Rezone request • Change from R-3.5 to R-4.5 • Both in Low Density Residential Comprehensive Plan Designation • Subdivision • 14 lots • Extension of SW Lady Marion Drive west to SW 109th Avenue • Private street from SW Marion Drive July 16,2018 Page 4 of 9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together - concurrently. So to be clear, I cannot turn down the subdivision and approve the zone change? Yes. APPLICANT'S PRESENTATION Wayne Hayson, Planning Manager with Pioneer Design Group,was there representing the applicant, Paceline Holdings, LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 &R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a 26' wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed. All required public utilities are available to the site. He addressed some of the neighborhood concerns— such as speeding, no parking areas,illegal passing, etc. Unfortunately, these concerns cannot be controlled by the review of this application;however,he said, 'We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas —16463 SW 103 Ave., Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind, and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16, 2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard—said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street; he does not want Lady Marion extended, and believes this should simply be a 14 lot cul-de-sac. Lynn Walker,14970 SW 109th Tigard—doesn't want Lady Marion extended. She is concerned about signage, lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed— originally, this was going to be eight houses — and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth, 10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson, 10499 SW Naeve Street,Tigard— agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons, he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25% in grade;however, a building permit through the building code requirements - if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees; however, it's not a requirement—it's an option that they can utilize. As for noticing requirements—the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area— said the state law's minimum noticing area is actually just 300', and Tigard's 500' noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16, 2018 Page 6 of 9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development shall be extended unless any of the three exceptions are present, that is environmental or topographical constraints, existing development,patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue; there's nothing preventing a street going through. A cul-de-sac is not an option in this case—anything else would be changing the goal post in this application. We are required to put that street through. As for circulation, there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kable is that they will see a decrease in traffic. People who are cutting through Naeve down to Kable will now likely take Lady Marion. People on that street will see more traffic, but other streets in the area will see a decrease in traffic. And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time. We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however, the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions—understanding that if the zoning change does not go through, the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable;he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109th connection is unsafe—he thinks the very top of that hill is.high and there will likely be people speeding down that road—it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic, the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all, he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns, but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney— Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts — this is as good a plan as we'll likely get on this property. He understands the concern about traffic—enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight." The motion was seconded by Commissioner Feeney. July 16, 2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT The motion to approve the application passed 8 — 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT —Housing Policy & Omnibus Changes PHASE III CODE AMENDMENT PROJECT —Apartment and Commercial Standards I Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E) which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint (Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning Commission Secretary A 1"ZEST: President Calista Fitzgerald July 16,2018 Page 9 of 9