Ordinance No. 18-18 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2018- 1`f
AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY
0.46 ACRES, APPROVING THE HASHIMA ANNEXATION (ZCA2018-00004), AND
WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT AND
WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT.
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 boundaries of the Tigard Water District and Washington County
Enhanced Sheriffs Patrol District, upon completion of the annexation; and
WHEREAS, the Tigard Planning Commission held a public hearing on August 20, 2018, and Tigard
City Council held a public hearing on September 11, 2018, to consider the annexation of one (1) parcel
of land consisting of Washington County Tax Map (WCTM) 2S109BB, Tax Lot 2903, and withdrawal
of said parcel from the Tigard Water District and Washington County Enhanced Sheriffs Patrol 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 August 20,2018 and September 11,2018;
and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property
from the Tigard Water District and Washington County Enhanced Sheriffs Patrol 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-/
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 and Washington County Enhanced Sheriffs Patrol District.
SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the
City Council" (ZCA2018-00004) 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 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 and Washington County Enhanced Sheriffs Patrol District
shall be the effective date of this annexation.
SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the
annexation shall be effective upon the effective date of this ordinance and filing with
the Secretary of State.
PASSED: By Zb 7 Zdl fi4iabt1-vote of all Council members resent after being read by number
and title only, this // f day of , 2018.
Carol A. Kragen, City Recorder
APPROVED: By Tigard City Council this // `day of /J�� r , 2018.
t
Approved as to form: Jas B. Snider, Council President
�.
City Atto ey
9 / 11 I1 %
Date
ORDINANCE No. 18- 8
Page 2
EXHIBIT A
Summit Land Surveyors, LLC
12950 SW Pacific Hwy, Suite 255 (7.00044,
TPhone, OR 9Fax
223
503. SUMMIT
Phone& Fax 503.928.5589
www.summitlandsurveyors.com LAND SURVEYORS
June 25, 2018
Annexation into the City of Tigard
Legal description:
Lot 29, HIGH TOR WEST, as shown on plat recorded in Book 23, Page 48, Washington
County Plat Records, Oregon.
r- REGISTERED
PROFESSIONAL
LAN SU `'
GON
FEBRUARY 08, 2000
JOHN R. WADE
59999 LS i
EXPIRES: 06/30/20
EXHIBIT B
\ REGISTERED
S.W. HILSHIRE DRIVE PROFESSIONAL
LA AI S -y •_
e-E ON
FEBRUARY 08, 2000
JOHN R. WADE
59999 LS
EXPIRES: 06/30/20
111
"H I LLS H I R E ESTATES NO . 2"
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LOT 139 LOT 140 LOT 141 LOT 142
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ANNEXATION EXHIBIT
LOT 29, HIGH TOR WEST,
SUMMIT
SITUATED THE
NORTHWEST
TOWNSHIP 2SOUTH, RANGE 1WEST,iSECTION WILLAMETTEMERIDIAN,
LAND SURVEYORS WASHINGTON COUNTY,OREGON
12950 SW PACIFIC HIGHWAY,SUITE 255
HOARD,OR 97223 JOB NO.: DATE: SCALE: PREPARED FOR:
PHONE&FAX:503.928.5589 998-266 06/25/18 1"=20' JASON HASHIMA
John, Plotted: Jun 25, 2018 — 3:27pm, P:\998-266 SW High Tor Annex\dwg\Maps\998-266—Exhibit.dwg
EXHIBIT C
Hearing Date: September 11,2018 Time: 7:30 P.M.
PLANNING COMMISSION
RECOMMENDATION TO THE 114 "
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: HASHIMA ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2018-00004
APPLICANTS/ Hashima Family Trust
OWNERS: Jason N. and Lisa K. Hashima,Co-Trustees
14305 SW High Tor Drive
Tigard,OR 97224
PROPOSAL: This proposal is to annex a 0.46-acre property,located at 14305 SW High Tor Drive
(WCTM 2S109BB, Tax Lot 2903), into the City of Tigard. The property owners
request to annex in order to connect to city sewer.
LOCATION: 14305 SW High Tor Drive;WCTM 2S109BB,Tax Lot 2903
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.
SECTION II. PLANNING COMMISSION RECOMMENDATION
Planning Commission finds that the proposed annexation(ZCA2018-00004) 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 ZCA2018-00004 to City Council.
HASHIMA ANNEXATION PAGE 1 OF 11
ZCA2018-00004
SECTION III. BACKGROUND INFORMATION
The 0.46-acre site (14305 SW High Tor Drive;WCTM 2S109BB,Tax Lot 2903) is located on the north side
of SW High Tor Drive; north of SW Bull Mountain Road, east of SW 150`h Avenue, and west of SW
Benchview Terrace. According to the Washington County Assessment and Taxation report, the property
was developed with a detached,single-family dwelling in 1967.The property is also occupied by an attached
carport,paved driveway,and associated landscaping.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.
On August 20,2018,Planning Commission held a public hearing to consider this application for annexation
(Case No. ZCA2018-00004). 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 (scheduled for August 20, 2018), and one before City Council (scheduled for September 11,
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 July 30,2018(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 July 30, 2018; and the city published a public hearing notice in The Tigard
Times for two successive weeks (with publish dates on August 2 and August 9, 2018) prior to the August
20,2018 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
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ZCA2018-00004
Council will make a decision on this application,with 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 July 2, 2018. Public hearings for deliberations on this proposed boundary
change were scheduled before Planning Commission (scheduled for August 20, 2018) and before City
Council (scheduled for September 11,2018). City staff posted public hearing notices in four public places on
July 30,2018 (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 July 30, 2018; and the city published a public hearing notice in The Tigard Times for two
successive weeks (with publish dates on August 2 and August 9,2018) prior to the August 20, 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:
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ZCA2018-00004
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,and the City of Tigard
Police Department will provide public safety services, instead of the Washington County Sheriff's Office.
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. SW High Tor
Drive will remain in the Washington County Urban Road Maintenance District.
d. Any applicable public facility plan adopted pursuant to a statewide planning goal
on public facilities and services;
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.
HASHIMA ANNEXATION PAGE 4 OF 11
ZCA2018-00004
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.
The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. 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,and the City of Tigard Police Department will provide public safety services,
instead of the Washington County Sheriff's Office. 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. SW
High Tor Drive will remain in the Washington County Urban Road Maintenance District.
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 August 2,2018,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
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 Sheriff's Patrol District upon completion of this annexation request.
3. The proposed effective date of the boundary change.
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ZCA2018-00004
A public hearing regarding this annexation request will take place before Tigard City Council on September
11,2018.Council will make a decision on this application,with a recommendation from Planning Commission.
If Council adopts findings to approve Case No. ZCA2018-00004, the effective date of this annexation will
be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as
outlined in 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 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 3.09.04 .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
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
Districts/Plan Designation City of Tigard Zoning Plan Designation
R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre
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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 July 30,
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 July 30,2018;and the city published a public hearing notice in The Tigard Times for two successive
weeks (with publish dates on August 2 and August 9, 2018) prior to the August 20, 2018 public hearing
before the Planning Commission. Additionally,this staff report was made available to the public on August
2,2018,more than 15 days prior to the public hearing before Planning Commission.
Goal 11: 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 service,is 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.
Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard
stormwater service at this time. However, 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 eight-inch water main along SW High Tor
Drive. 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.The applicant proposes to annex the subject property
in order to connect to City of Tigard sewer.This is consistent with City of Tigard Comprehensive Plan Goal
11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City
wastewater services." City of Tigard sewer infrastructure is available by an existing sanitary lateral located at
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ZCA2018-00004
the northern end of the property.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.The applicant proposes to annex a 0.46-acre property
into the City of Tigard. 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 directly fronts SW High Tor Drive,
which will remain in the Washington County Urban Road Maintenance District. The proposed annexation
will not impact the existing transportation system. Additionally, 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.
The applicant is not requesting City of Tigard stormwater service at this time. However, 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.
The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is
consistent with the policy outlined above. City of Tigard sewer infrastructure is available by an existing
sanitary lateral located at the northern end of the property. The City of Tigard Public Works Department
reviewed the proposal,and 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 directly fronts SW High Tor Drive,which will remain in the Washington County Urban
Road Maintenance District. The proposed annexation will not impact the existing transportation system.
Additionally, 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.
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ZCA2018-00004
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(14305 SW High Tor Drive;WCTM 2S109BB,Tax Lot 2903) is located directly south
of the city's border with unincorporated Washington County. City staff sent invitations to adjacent property
owners along SW High Tor Drive on July 3,2018 to join in on this annexation request. The owners of two
properties declined the invitation,and no other responses were received.Annexation of the subject property
will not create an"island" of unincorporated land.This annexation request will enable public services to be
efficiently and effectively extended to the property. There is no concept plan or sub-area master plan that
has been approved by the Planning Commission or City Council that is applicable to this property.
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
HASHIMA ANNEXATION PAGE 9 OF 11
ZCA2018-00004
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.
This application to annex the subject property(14305 SW High Tor Drive;WCTM 2S109BB,Tax Lot 2903)
was submitted by the property owners. Additionally, 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
(scheduled for August 20, 2018) and before City Council (scheduled for September 11, 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 August 2 and August 9,2018) prior to
the August 20,2018 public hearing before the Planning Commission;public hearing notices were posted in
four public places on July 30,2018 (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 July 30,2018.
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 July 30,2018.As of August 22,2018,no public comments were received.
Attachments:
Attachment 1: Zoning Map
Attachment 2: City of Tigard Planning Commission,Draft Minutes dated August 20,2018
HASHIlMA ANNEXATION PAGE 10 OF 11
ZCA2018-00004
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, staff recommends that the
Planning Commission recommend approval of this annexation to City Council.
1111110`. '� lu � August 22,2018
PREPARED BY: Lina Smith
Assistant Planner
A
August 22,2018
APPROVED BY: Tom McGuire
Assistant Community Development Director
HASHIMA ANNEXATION PAGE 11 OF 11
ZCA2018-00004
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ATTACHMENT 2
CITY OF TIGARD
PLANNING COMMISSION
DRAFT Minutes,August 20,2018
Location:Tigard Civic Center
Town Hall,13125 SW Hall Blvd.
CALL TO ORDER
Vice President Feeney called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Vice President Feeney
Commissioner Brook
Commissioner Hu
Commissioner Jackson
Commissioner Lieuallen
Commissioner Middaugh
Commissioner Roberts
Commissioner Schmidt
Absent: President Fitzgerald;Alt. Commissioner Whitehurst
Staff Present: Tom McGuire,Assistant Community Development Director;
Doreen Laughlin,Executive Assistant;Lina Smith,Assistant Planner
COMMUNICATIONS - None
CONSIDER MINUTES
Vice President Feeney asked if there were any additions, deletions, or corrections to the August
6 minutes;there being none,Vice President Feeney declared the minutes approved as submitted.
PUBLIC HEARING
HASHIMA QUASI-JUDICIAL ANNEXATION - ZCA2018-00004
DESCRIPTION OF PROPOSAL:This proposal is to annex a 0.46-acre property,located at
14305 SW High Tor Drive (WCTM 2S109BB,Tax Lot 2903),into the City of Tigard. The
property owners request to annex in order to connect to city sewer. LOCATION: 14305 SW
High Tor Drive;WCTM 2S109BB
QUASI-JUDICIAL HEARING STATEMENTS
Vice President Feeney 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
August 20,2018 Page 1 of 3
Schmidt, and 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-
00004) 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 ZCA2018-00004 to City Council
APPLICANT PRESENTATION —Applicant not present.
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 - seconded by
Commissioner Middaugh:
MOTION
"I move the Planning Commission forward a recommendation of approval to the City
Council of application ZCA2018-00004 and adoption of the findings and conditions of
approval contained in the Staff Report."
Commissioner Middaugh seconded the motion.
VOTE -All in favor—none opposed - 8-0.
RESULT - Motion for recommendation of approval passes unanimously.
August 20,2018 Page 2 of 3
BRIEFING
PHASE II CODE AMENDMENT PROJECT -- Land Use Procedures
Susan Shanks, Senior Planner,went over the Phase II Code Amendment Project Briefing memo
dated August 13, 2018 that the commissioners had in front of them (Exhibit B) and had been
mailed to them earlier in the week. She went point by point expanding upon the bullet points
she had brought out in the memo. She took and answered questions on the following points:
• Expirations
• Extensions
• Modifications
• Adjustments
• Conditional Uses
• Planned Developments
• Site Development Reviews
The commissioners made suggestions throughout the briefing that they thought perhaps
could/should be included in the code amendment - or that could possibly clarify some things.
Susan wrote the suggestions down and said she will look into these possible changes. She'll get
back to the commissioners in September with another update on this topic.
OTHER BUSINESS
Tom McGuire,Assistant Community Development Director went over the upcoming topics on
the Planning Commission Calendar.
ADJOURNMENT
Vice President Feeney adjourned the meeting at 9:30 p.m.
Doreen Laughlin,Planning Commission Secretary
ATTEST: Vice President Brian Feeney
August 20,2018 Page 3 of 3