04/16/2018 - PacketPLANNING COMMISSION AGENDA – April 16, 2018
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 2
City of Tigard
Planning Commission Agenda
MEETING DATE: April 16, 2018 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING 7:05 p.m.
SHELBY ANNEXATION
QUASI-JUDICIAL ANNEXATION ZCA2018-00001
REQUEST: This proposal is to annex one (1) parcel of land, located at 13285 SW Bull Mountain Road, into
the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation
(Ordinance No. 2017-08). However, the property owners now request to annex immediately, in order to
connect to city sewer. LOCATION: 13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400.
6. OTHER BUSINESS 7:35 p.m.
7. ADJOURNMENT 7:40 p.m.
April 16, 2018 Page 1 of 3
CITY OF TIGARD
PLANNING COMMISSION
Minutes, April 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
Alt. Commissioner Brook
Commissioner Hu
Commissioner Jackson
Commissioner Lieuallen
Commissioner Middaugh
Commissioner Roberts
Commissioner Schmidt
Alt. Commissioner Whitehurst
Absent: Commissioner Lambert
Staff Present: Tom McGuire, Assistant Community Development Director;
Doreen Laughlin, Executive Assistant; Lina Smith, Assistant Planner
COMMUNICATIONS - None
CONSIDER 3/19/18 MINUTES
President Fitzgerald asked if there were any additions, deletions, or corrections to the March 19
minutes; there being none, President Fitzgerald declared the minutes approved as submitted.
PUBLIC HEARING
SHELBY ANNEXATION
QUASI-JUDICIAL ANNEXATION ZCA2018-00001
REQUEST: This proposal is to annex one (1) parcel of land, located at 13285 SW Bull Mountain
Road, into the City of Tigard. The 1.03-acre property was previously approved by City Council for
delayed annexation (Ordinance No. 2017-08). However, the property owners now request to
annex immediately, in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain
Road; WCTM 2S109AB, Tax Lot 1400.
April 16, 2018 Page 2 of 3
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
Jackson, Feeney, and Schmidt. 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-
00001) 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 Commi ssion
recommend APPROVAL of ZCA2018-00001 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 brief deliberation, Vice President Feeney made the following motion:
MOTION
“I move the Planning Commission forward a recommendation of approval to the City
Council of application ZCA2018-00001 and adoption of the findings and conditions of
approval contained in the Staff Report.”
Commissioner Roberts seconded the motion.
VOTE - All in favor – none opposed.
CITY OF TIGARDRespect and Care | Do the Right Thing | Get it DoneShelby AnnexationZCA2018-00001April 16, 2018Presented to Tigard Planning CommissionExhibit A
CITY OF TIGARD
CITY OF TIGARD
SHELBY ANNEXATION PAGE 1 OF 12
ZCA2018-00001
Hearing Date: April 16, 2018 Time: 7:00 P.M.
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: SHELBY ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2018-00001
APPLICANTS/
OWNERS
Matthew and Tabitha Shelby
13285 SW Bull Mountain Road
Tigard, OR 97224
PROPOSAL: This proposal is to annex one (1) parcel of land, located at 13285 SW Bull Mountain
Road, into the City of Tigard. The 1.03-acre property was previously approved by City
Council for delayed annexation (Ordinance No. 2017-08). However, the property
owners now request to annex immediately, in order to connect to city sewer.
LOCATION: 13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400
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
REVIEW
CRITERIA:
The approval standards for annexations are described in Community Development
Code Chapters 18.710 and 18.720, Comprehensive Plan Goal 1, Goal 11, Goal 12, and
Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222.
SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find that the proposed annexation (ZCA2018-00001)
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
ZCA2018-00001 to City Council.
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ZCA2018-00001
SECTION III. BACKGROUND INFORMATION
The 1.03-acre site (13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 1400) is located on the north
side of SW Bull Mountain Road; east of SW 133rd Avenue, and west of SW Greenfield Drive. According to
the Washington County Assessment and Taxation report, the site was developed with a detached, single -
family dwelling in 1972. The property is also occupied by an attached garage, paved driveway, and associated
landscaping. As defined by Washington County Land Use Districts, 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 zoned R-7 (Medium-Density Residential), under City of Tigard designations.
In June 2017, City Council approved the subject property, along with six (6) other properties, for delayed
annexation, as part of the “Zone 3 Island Annexation” (Ordinance No. 2017-08). Under Ordinance No.
2017-08, the effective date of annexation for the “Zone 3” properties is July 27, 2020. However, the property
owners of Tax Lot 1400 now request to annex immediately, in order to connect to city sewer.
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 City of Tigard Community Development Code (TDC), using the approval criteria contained
in TDC 18.720.030. City Council will make a decision on this application, with a recommendation from
Planning Commission. Additionally, TDC 18.710 requires two public hearings: one before Planning
Commission (on April 16, 2018), and one before City Council (on May 8, 2018). City staff followed public
noticing requirements, in accordance with TDC 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 March 22, 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 March 22, 2018; and the city published a public hearing notice in The Tigard Times for two successive
weeks (with publish dates on March 29 and April 5, 2018) prior to the April 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 TDC 18.710, using the approval criteria contained in TDC 18.720.030. City
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ZCA2018-00001
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 March 14, 2018. Public hearings for deliberations on this proposed boundary
change were scheduled before Planning Commission (on April 16, 2018) and before City Council (on May
8, 2018). City staff posted public hearing notices in four public places on March 22, 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 March 22, 2018;
and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish
dates on March 29 and April 5, 2018) prior to the April 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:
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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;
The City of Tigard Public Facility Plan was adopted in 1991, in compliance with Stat ewide 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.
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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; 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 March 29, 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, and the Washington County Urban Road
Maintenance District upon completion of this annexation request.
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3. The proposed effective date of the boundary change.
A public hearing regarding this annexation request will take place before Tigard City Council on May 8,
2018. Council will make a decision on this application, with a recommendation from Planning Commission.
If Council adopts findings to approve Case No. ZCA2018-00001, the effective date of this annexation will
be upon 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 3.09.045.E have been previously addressed in
this report.
(TDC 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; affect
the quality and quantity of urban 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.
TDC TABLE 18.720.1
CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND
ZONING DESIGNATIONS
Washington County Land Use
Districts/Plan Designation City of Tigard Zoning City of Tigard
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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TDC 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 March
22, 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 March 22, 2018; and the city published a public hearing notice in The Tigard Times for two successive
weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before
the Planning Commission. Additionally, this staff report was made available to the public on March 29, 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. As detailed in findings below, staff concludes that all public facilities
and services are available to the proposed annexation area, and have adequate capacity to serve the subject
site.
Stormwater – City of Tigard Public Works Department. The applicant is not requesting City of Tigard
stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site:
there is an existing 12-inch stormwater main along SW Alpine Crest Way, and an existing 12-inch stormwater
main along SW Bull Mountain Road. 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 10-inch water main along SW Bull Mountain
Road. 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 eight-inch sanitary main
along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal, and
determined there is adequate capacity to serve the existing property.
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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 1.03-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 currently connects to SW Bull
Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under
the city’s jurisdiction, and is classified as a collector street, 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.
The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater
infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine
Crest Way, and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard
Public Works Department reviewed the proposal, and determined there is adequate capacity to serv e 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 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 eight-inch sanitary main along SW Alpine Crest Way. 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 currently connects to SW Bull Mountain Road via an existing 50-foot-wide access
easement. SW Bull Mountain Road is currently under the city’s jurisdiction, and is classified as a collector
street, 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.
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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 TDC Sections
18.720.030.B and 18.720.030.C 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.
In June 2017, City Council approved the subject property (13285 SW Bull Mountain Road; WCTM
2S109AB, Tax Lot 1400), along with six (6) other properties, for delayed annexation, as part of the “Zone 3
Island Annexation” (Ordinance No. 2017-08). Under Ordinance No. 2017-08, the effective date of
annexation for the “Zone 3” properties is July 27, 2020. However, the property owners of Tax Lot 1400
now request to annex immediately, in order to connect to city sewer. Annexation of Tax Lot 1400 will enable
public services to be efficiently and effectively extended to the subject site. Additionally, Ordinance No.
2017-08 ensures that the unincorporated properties adjacent to Tax Lot 1400 will be annexed into the city
on July 27, 2020; this will eliminate the “Zone 3” unincorporated islands. Accordingly, this proposed
annexation request is consistent with the policy outlined above.
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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.
This application to annex the subject property (13285 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot
1400) 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
(on April 16, 2018) and before City Council (on May 8, 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 March 29 and April 5, 2018) prior to the April 16, 2018 public
hearing before the Planning Commission; public hearing notices were posted in four public places on March
22, 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 March 22, 2018.
SHELBY ANNEXATION PAGE 11 OF 12
ZCA2018-00001
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 March 22, 2018. As of April 5, 2018, no public comments were received.
Attachments:
Attachment 1: Zoning Map
Attachment 2: Map of “Zone 3 Island Annexation” Properties
Attachment 3: Statement from Property Owner, dated February 6, 2018
SECTIONV. CONCLUSION
The proposed annexation meets all applicable approval criteria, outlined in TDC 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.
PREPARED BY:Lina Smith
Assistant Planner
APPR6VED BY:Tom McGuire
SHELBY ANNEXATION
ZCA2018-00001
Assistant Community Development Director
March 29, 2018
March 29, 2018
PAGE 12 OF12
Attachment 1: Zoning Map
Generalized Zoning Categories
Zoning Description
Residential
Mixed Use Residential
Mixed Use Central Business District
Commercial
Mixed Use Employment
Industrial
Parks and Recreation
Washington County Zoning
Overlay Zones
Historic District Overlay
Planned Development Overlay
Subject Site
Map printed at 11:20 AM on 05-Apr-18
Information on this map is for general location only and should be verified with the
Development Services Division.
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO
WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY,
TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE
CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR
INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
COMMUNITY DEVELOPMENT DEPARTMENT
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503 639-4171
www.tigard-or.gov
Attachment 2:
Zone 3 Island Annexation
Under Ordinance No. 2017-08,
City Council approved the
subject property, along with six
(6) other properties, for delayed
annexation, which will be
effective on July 27, 2020.
The subject property owners
now request to annex
immediately, in order to hook up
to city sewer.
Attachment 3
Statement from Property Owner
February 6, 2018
We recently purchased the property located at 13285 SW Bull Mountain Rd. During the
purchasing process we had the existing septic tank pumped and inspected. While the system was
functional, there was a crack in the concrete tank and the inspector recommend ed replacing it.
The property is currently in unincorporated Washington county. I first contacted the county
about replacing the tank and they referred me to Clean Water Services. CWS told me that they
would deny any permit for septic improvement based on a state law requiring properties to tie
into municipal sewer systems, if available, when any work is required on a septic system.
That brings me to the City of Tigard. There is a city-owned sewer less than 100 ft. from my current
septic tank. The nearest manhole should allow tie in without any disruption to the existing street
or sidewalk. I learned that only properties within city limits may tie into a city sewer. The property
is currently approved to be annexed in 2020.
The existing septic system is at the end of its useful life. The tank either needs to be replaced, or
bypassed altogether with a sewer tie in, before 2020. That's why I am seeking the annexation of
the property now -- allowing me to move forward with permitting and work to tie into the
municipal sewer.
Many thanks,
Matt Shelby