AGENDA BILL. Beaverton City Council Beaverton, Oregon

Transcription

1 AGENDA BILL Beaverton City Council Beaverton, Oregon SUBJECT: An Ordinance Annexing One Parcel FOR AGENDA OF: 7-9-2e-1-3- BILL NO: Located at 4245 SW 10t h Avenue and Adjacent Public Right-of-Way From Canyon Mayor's Approval: D~ 4~ Road to the South Property Line of the Subject Parcel to the City of Beaverton. DEPARTMENT OF ORIGIN: CEDD ;..,h Adding the Property to the Denny Whitford/Raleigh West Neighborhood DATE SUBMITrED: Association Committee: Expedited ANX (Lanphere Enterprises) CLEARANCES: City Attorney Planning CAO PROCEEDING: ORDINANCES EXHIBITS: 1. Ordinance: First-Reading Exhibit A: Legal Description Second Reading and Passage!;xhibit B: Legal Map Exhibit C: Staff Report BUDGET IMPACT EXPENDITURE AMOUNT APPROPRIATION REQUIRED $0 BUDGETED $0 REQUIRED $0 RECOMMENDED ACTION: Mrst-Reading-of Ordinance. Second Reading and Passage HISTORICAL PERSPECTIVE: This ordinance annexes one parcel located at 4245 SW 10yth Avenue, Tax Lot 300 of Washington County Assessor's Map 1S115AA, as well as the adjacent public right-of-way of SW 10yth Avenue from its intersection with SW Canyon Road to a line extending east from the southern property line of the supject parcel. The subject parcel and right-of-way comprise approximately 3.47 acres in area. The subject parcel is currently used by a Religious Institution and the abutting car dealership north of the subject parcel. Upon annexation, the City of Beaverton will serve the subject parcel and right-of-way, incurring the costs associated with those services provided, such as: police, planning, development review, economic development, and sanitary, storm, and street maintenance. Beaverton Code Section A provides the City Council the option of adding property to an appropriate Neighborhood Association Committee (NAC) area at the time of annexation. The Neighborhood Office is recommending that the properties be added to the Denney Whitford/Raleigh West NAC boundary. This annexation was initiated by the. property owner by petition. Consent on the part of the property owner allows this application to be processed as an expedited annexation under ORS and Metro Code and, although no public hearing is required, the City held a public hearing at this meeting to allow for public comment on the matter. INFORMATION FOR CONSIDERATION: The Council has held a public hearing, considered testimony, and approved the proposed Annexation. Scrivener error to attach Staff Report for Annexation Approved by City Attorney Agenda Bill No: 13156

2 ORDINANCE NO. --::-4_61_5 AN ORDINANCE ANNEXING ONE PARCEL LOCATED AT 4245 SW 107 TH AVENUE AND ADJACENT PUBLIC RIGHT-Of-WAY FROM CANYON ROAD TO THE SOUTH PROPERTY LINE OF THE SUBJECT PARCEL TO THE CITY OF BEAVERTON, ADDING THE PROPERTY TO THE DENNEY WHITFORD/RALEIGH WEST NEIGHBORHOOD ASSOCIATION COMMlnEE: EXPEDITEDANX WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, ORS grants the City authority to initiate an expedited annexation process with the consent of all landowners of the territory to be annexed; and the owner of the subject parcel had signed and submitted a petition to annex the property into the City; and. the property is in Beaverton's Assumed Urban Services Area, and Policy d of the City's acknowledged Comprehensive Plan states: "The City shall seek to eventually incorporate its entire Urban Services Area"; and the property is located in area "A" defined in the "Beaverton-Washington County Intergovernmental Agreement Interim Urban Service Plan" as an area not requiring formal endorsement of the Washington County Board of Commissioners to proceed with annexation into the City of Beaverton; and the Council finds that the City has complied with the criteria and notice provisions of Metro Code Section for expedited annexations; and Council Resolution No sets forth annexation policies for the City, and this action implements those policies; now, therefore, THE CITY OF BEAVERTON ORDAINS AS FOLLOWS: Section 1. Section 2. Section 3. Section 4. The property shown on Exhibit B, and more particularly described in Exhibit A, is hereby annexed to the City of Beaverton, effective on the date the Ordinance is 'filed with the Secretary of State as specified by ORS , or 30 days from the date of adoption, whichever is later. Pursuant to Beaverton Code Section A, this property shall be added to the Denney Whitford/Raleigh West Neighborhood Association Committee Boundary. The Council hereby withdraws the property annexed by this Ordinance from the Washington County's Enhanced Sheriff's Patrol District and Washington County's Urban Road Maintenance District. The Council adopts the staff report attached hereto as Exhibit.C to find that this annexation meets applicable approval criteria. Ordinance No. _46_1_5 - Page 1 of 2 Agenda Bill No

3 Section 5. Section 6. Section 7. The City Recorder shall place a certified copy of this Ordinance in the City's permanent records, and the Community and Economic Development Department shall forward a certified copy of this Ordinance to Metro and all necessary parties within five working days ~f adoption. The Community and Economic Development Department shall transmit copies of this Ordinance and all other required materials to all public utilities and telecommunications utilities affected by this Ordinance in accordance with ORS The Council authorizes the City Attorney to approve the final form of the metes and bounds legal description of the area annexed by this ordinance (as shown on Exhibit B hereto) to address any revisions in that description needed to meet the requirements of the State of Oregon. First reading this 9th day of J_u_1..:...y, Second reading and passage this day of, Approved by the Mayor this day of " ATIEST: APPROVED: CATHY JANSEN, City Recorder DENNY DOYLE, Mayor Ordinance No Page 2 of2

4 "rlr 0, Beaverton ORE G" 0 N I EXHIBIT ~L_Pr_,_;; Ordinance No " ~ " EXHIBIT A LEGAL DESCRIPTION FOR ANNEXATION EXPLANATION: THIS LEGAL DESCRIPTION IS PREPARED FOR THE OREGON DEPARTMENT OF REVENUE FOR THE PURPOSE OF DESCRIBING PARCELS OF LAND IN UNINCORPORATED WASHINGTON COUNTY TO BE ANNEXED Td THE CITY OF BEAVERTON, LYING WEST OF S.W. 107 TH AVENUE AND SOUTH OF S.W. CANYON ROAD, WASHINGTON COUNTY, OREGON. ALL OF LOTS 8 AND 9, OF WILLIAMS ACRES AS SHOWN IN BOOK 7 PAGE 23, WASHINGTON COUNTY RECORDERS OFFICE, TOGETHE8. WITH THAT CERTAIN PORTION OF S.W. 107 TH AVENUE, LYING II\J THE NORTHEAST ONE QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 8 AND 9 AS SHOWN IN WILLIAMS ACRES SUBDIVISION PLAT II\J BOOK 7, PAGE 23, WASHINGTON COUNTY RECORDERS OFFICE. " HAVING AN AREA OF 1.94 ACR6S MORE OR LESS ALSO TO BE ANNEXED IS A PORTION OF S.W. 107 TH AVENUE TO ACCESS AND SERVE LOTS 8 AND 9; DEDICATED BY SAID PLAT AND PER DOCUMENTS , , AND AND BOOK 985, PAGE 578 ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 8 OF WILLIAMS ACRES AS SHOWN IN BOOK 7, PAGE 23, OF PLATS IN THE WASHINGTON COUNTY RECORDERS OFFICE; THENCE SOUTH 88 18'59" EAST, A DISTANCE OF TO THE POINT OF BEGINNING ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF S.W. 107 TH AVENUE PER DOCUMENT ; THENCE NORTH 1 06'01" EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID S.W. 107 TH AVENUE, A DISTANCE OF FEET, TO A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF FEET, HAVING A CHORD BEARING OF NORTH 52 51'49" WEST, WITH A CHORD LENGTH OF FEET, THROUGH A CENTRAL ANGLE OF '41"ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF S.W. CANYON ROAD; THENCE NORTH 72 00'37" EAST, ALONG SAID RIGHTOF WAY, A DISTANCE OF FEET TO A POINT OF CUSP WITH A NON TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF FEET; THENCE SOUTHERLY ALONG SAID NON TANGENT CURVE AN ARC LENGTH OF FEET, HAVING A CHORD BEARING OF SOUTH 37 08'li" WEST, WITH A CHORD LENGTH OF FEET, THROUGH A CENTRAL ANGLE OF 72 04'19" TO THE EASTERLY RIGHT OF WAY LINE OF S.W. 107 TH AVENUE; THENCE SOUTH 01 06'01" WEST, ALONG THE EAST RIGHT OF WAY LINE OF-SAm S.W."107 TH ' AVENUE, A DISTANCE OF FEET TO THE SOUTH RIGHT OF WAY LINE OF S.W. KENNEDY STREET; THENCE NORTH 88 53'59" WEST, A DISTANCE OF 10,00 FEET; THENCE SOUTH 3

5 I -_ 01 06'01" WEST, A DISTANCE OF FEET; THENCE NORTH 88 18'59" WEST A DISTANCE OF FEET TO THE POINT OF BEGINNING, HAVING AN AREA OF 1.53 ACRES MORE OR LESS SEE EXHIBIT "BI/, ATIACHED HERETO AND BY'THIS REFERENCE MADE A PART HEREOF. BASIS OF BEARING: NORTH 88 59'00" WEST, BEING THE SOUTH LINE OF LOT 8 OF WILLIAMS ACRES PLAT IN BOOK 7, PAGE 23, IN THE WASHINGTON COUNTY RECORDERS OFFICE, WASHINGTON COUNTY, OREGON. 1U1G18 tldl8d PROfI'ESSIONAL LAND SURVEYOR ~4~ OREGON JULY DAVlDA.WI

6 , REGISTERED PROFESSIONAL LAND SURVEYOR ~4~ OREGON JULY 26 1'985 DAVID A. WINSHIP ~ 2165 ~ RENEWAL DATE 06/30/14 EXHIBIT B ANX EXHIBIT MAP LYING IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION ls, TOWNSHIP 1 SOUTH, RANGE 1 WEST, W.M., WASHINGTON COUNTi, OREGON S.w. 107TH ANNEXATION V 7 /1 LOT 8 & 9 ANNEXATION KX:xJ MATCH L1I\IE I I,EXHIBIT \.~. Ordinance No CURVE TABLE CURIIE C1 C2 RADIUS 25.00' 25.00' DELTA ANGLE 10755'41" 7X04'19" ARC LENGTH 47.09' 31.45' CHORD BEARING N5X51'49'W S370B'll'W CHORD LENGTH 40.43' 29.41' NORTH NTS LOTIO WILLIAMS ACRES TAX LOT ls115aa00200 CITY OF BEA \/ERTON MATCH LINE WASHINGTON COUNTY LOT 7 WlLUAMS ACRES TAX LOT ls115aaoo400 SHEET 1 OF 1 ~ r; REVISK)N r ---:-=:--=-:=-=-:=1:'-=-~------~D~RA~W~N!...E..BY!...::~Mi!..!.T~S Beā 'fer on o R," 1 CHECKED BY: MTS E G o N APPROVED BY:' REVISION: tw 5

7 ~ _.._-_._----_._-_._ EXHIBIT ---3C~' Beaverton STAFF REPORT TO: City Council AGENDA DATE: July 9,2013 REPORT DATE: June 25,2013 STAFF: SlIB..IECT: SUMMARY: NAC: LOCATION: Leigh Crabtree, Associate Planner~\..J ANX (Expedited Annexation of 4245 SW 10i h Avenue, Lanphere Enterprises) Annex to the City of Beaverton of one parcel located at 4245 SW 107 th Avenue and the adjacent 10i h Avenue right-of-way from SW Canyon Road to the south property line of the subject parcel. The property proposed for annexation is identified as tax lot 1S115AA00300 as shown on the attached map (Attachment B), and more particularly described by the attached legal description (Attachment A). Annexation is owner initiated and is being processed as an expedited annexation under ORS and Metro Code The subject parcel is located within Washington County's Citizen Participation Organization (CPO) 3 and abuts the City's Denney Whitford I Raleigh West Neighborhood Association Committee (NAC). The proposed ordinance includes a provision to amend the NAC boundaries thereby adding the subject parcel and right-of-way to the Denney Whitford I Raleigh West NAC. West side of 10i h Ave between Canyon Rd and Beaverton Hillsdale Hwy 4245 SW 10i h Avenue (also addressed 4345 SW 10i h Avenue) Tax Lot 1S115AA00300 AREA PARCEL: 1.94 acres RIGHT-of-WAY: 1.53 acres ASSESSOR'S TAXABLE ASSESSED: $ 2, VALUE: EXISTING ZONE: Washington County Institutional (INST) land use district RECOMMENDATION: Staff recommends City Council ADOPT an ordinance annexing the referenced property and withdrawing the property from the Washington County Urban Road Maintenance District and Enhanced Sheriff's Patrol District, effective as of the date the ordinance is filed with the Secretary of State as specified by ORS , or 30 days from date the ordinance is signed, whichever is later. ANX Staff Report City Council Agenda Date July 9, 2013

8 EXHIBIT "A Legend ~srre I ITaxfots ID1DITill1... Beaverton.~t/( SW 107TH LANPHERE ENTERPRISE 05113f2013 N -, r~~a~rt9~ f-- --=E=x:...::.P=-=E=D:...::.IT-=-=E=D--=A:..-=...::N~N=E=X_=A~~_=_I:...:O:...:N:..,::.._-- 11_1s':"'"~~ :""'l~ I#~O~~ COMMUNITY & ECONOMIC DEVELOPMENT Application # Plannin Divis on. ANXl ANX Staff Report 2 City Council Agenda Date July 9,

9 --1-1_ BACKGROUND The subject site is within unincorporated Washington County. The Assemblies of God, Oregon District, owners of the subject site, are requesting that their property be annexed to the City of Beaverton. Upon annexation the City of Beaverton will provide urban service to the subject site and incur the costs associated with providing those services such as police, storm water conveyance, urban planning, and development review. The proposed area of annexation also includes a portion of the right-of-way of SW 10i h Avenue from Canyon Road to the south property line of the parcel requesting annexation. Consent to annex on the part of the landowner allows this proposal to be processed as an expedited annexation under ORS and Metro Code Because there are no residents on the subject parcels and the petitioners represent 100% of the ownership of the parcels, no public hearing is required. On December 2004, the City and Washington County entered into an Intergovernmental Agreement for an Interim Urban Services Plan that established an area "A", in which the City could proceed with annexations without County consent and an area "B", in which the City would need to obtain County consent to proceed with annexation. The proposed annexation is 3.47 acres in area "A". Therefore, no further authority to annex the property is required. The Beaverton-Washington County Urban Planning Area Agreement (UPAA) specifies that in cases where Washington County lands are annexed, application of City plan and zone designations reflect the most proximate zones to what is currently applied to the property. Specific City - County plan and zone designations are provided in Exhibit B of the UPAA. In accordance with these specifications, the City will apply a plan designation and a zoning designation to the property through a separate process. EXISTING CONDITIONS Map and Tax Lot Site Address Lot Size (acres) Existing Land Use 1S115AAOO SW 10t" Avenue 1.94 Religious Institution Right-of-way Right-of-way 1.53 SW 10t" Avenue ROW Character. The parcel is located west of SW 107 lh Avenue between SW Canyon Road and SW Beaverton-Hillsdale Highway. The subject right-of-way is the section of SW 10i h Avenue south of Canyon Road to the south property line of the subject parcel. The site currently contains the Assemblies of God Church and shared use with the Lanphere Auto Service Center on the abutting parcel to the north. Natural-Resources. Hall Creek is identified as a natural resource Washington County's Raleigh Hills-Garden Home Community Plan Significant Natural and Cultural Resources Map. Hall Creek generally drains from east to west toward its confluence with Beaverton Creek. The associated 100-year and 500-year floodplains are present at the northeast corner of the subject parcel and over a portion of the subject right-of-way. Service Provision. -Cooperative, urban service and intergovernmental agreements affecting provision of service to the SUbject property include the following: ANX Staff Report 3 city Council Agenda Date July B

10 The City has entered into ORS Chapter 195 cooperative agreements with Washington County, Tualatin Valley Fire and Rescue District, Tualatin Hills Park and Recreation District, and Clean Water Services. The City has entered into an ORS Chapter 190 intergovernmental agreement with Clean Water Services. The City has been a party to a series of ORS Chapter 190 intergovernmental agreements "for Mutual Aid, Mutual Assistance, and Interagency Cooperation Among Law Enforcement Agencies Located in Washington County, Oregon", the last of which was signed by then Beaverton Mayor Rob Drake on August 9, This agreement specifies the terms under which a law enforcement agency may provide assistance in response to an emergency situation outside its jurisdiction when requested by another law enforcement agency. On December 22, 2004, the City entered into an intergovernmental agreement with Washington County defining areas that the City may annex for ten years from the date of the agreement without opposition by the County. The property proposed for annexation by this application is included in the areas the City may annex without County consent. This action is consistent with those agreements. The following details the various services available to the property to be annexed. Police: Fire: Sanitary Sewer: Water: Stormwater Drainage: The subject parcel currently receives police protection from the Washington County Enhanced Sheriff's Patrol District (ESPD). The property will be withdrawn from the ESPD, and the City will provide police service upon annexation. In practice, whichever law enforcement agency is able to respond first to an emergency does so in accordance with the mutual aid agreement described above. Tualatin Valley Fire & Rescue (TVF&R) provides fire and ambulance service to the property. The City annexed its own fire services to TVF&R in TVF&R is designated as the long-term service provider to this area. The subject parcel is within the Clean Water Service's (CWS) service area. The parcel is served with lateral extension to a manhole and 24 inch sanitary line that exists within the SW 10i h right-of-way The City of Beaverton will take over maintenance responsibilities for the portion of the sanitary sewer system that is less than 24 inches in size in the right-of-way to be annexed. The subject parcel falls within the service area of the West Slope Water District. The parcel is supplied with water via a one inch service from a meter that connects to a water line located under SW 10i h Avenue. West Slope Water District will continue to provide service to the parcel and bill the property for services rendered. The subject parcel is within the Clean Water Services' (CWS) service area. The parcel is served by an 18-inch PVC pipe located within SW 107 th Avenue. Stormwater facilities are located within and along the SW 10i h right-of-way converging at, or prior to, Hall Creek where the creek and stormwater pass under 107 th Avenue through three 54 inch culverts. The City of Beaverton will take over maintenance responsibilities for portions of the stormwater system that are equal to or less than 36 inches in size within the right-of-way to be ANX Staff Report 4 City Council Agenda Date July 9, 2013

11 annexed. Hall Creek is a major tributary to Beaverton Creek and the 100-year and 500-year floodplains of Hall Creek extend into the northeast portion of the subject parcel. Streets and Roads: Parks and Schools:.The parcel fronts SW 10i h Avenue (classified on the City's Functional Classification Map as a Neighborhood Route). In addition to being annexed into the City, the subject parcel will be withdrawn from the County Urban Road Maintenance District. The City of Beaverton will assume maintenance responsibilities for the portion of the street that is subject to this annexation proposal. The subject parcel is within the Beaverton School District (BSD) and the Tualatin Hills Park and Recreation District (THPRD). Because the proposed action does not involve residential uses, school enrollment will not be affected by the proposed annexation and no additional service demands will be imposed upon either THPRD or BSD. Subsequent to annexation, service district boundaries will remain unaffected. Planning, Washington County currently provides long-range planning, development Zoning and review, and building inspection for the property. City plan and zone Building: designations that approximate County designations currently will be proposed in a separate process. The choice as to which designations will be applied will be dictated by the terms specified in the UPAA. This process will be conducted concurrently with the annexation. Once the annexation becomes effective the City will conduct all planning and zoning functions associated with the properties.. CRITERIA FOR APPROVAL Metro Code Chapter 3.09, Local Government Boundary Changes, was adopted and amended by Metro Council. with the purpose, "...to carry out the provisions of ORS , " and to apply, "...to all boundary changes within the boundaries of Metro." LOCAL GOVERNMENT BOUNDARY CHANGES Expedited Decisions. Section of Metro Code outlines the governing body requirements, "for minor boundary changes for which the petition is accompanied by the written consent of one hundred percent of property owners and at least fifty percent of the electors, if any, within the affected territory." Sections (c) and (d) of Metro Code include the following minimum criteria for expedited annexation decisions: (c) At least seven days prior to the date of decision the city or Metro shall make available to the public a report that includes the following information: (1) The extent to which urban services are available to serve the affected territory, including any extra-territorial extensions ofservice; The proposal involves annexation of one parcel and the public right-of-way of SW 10i h Avenue from Canyon Road through the section of right-of-way that fronts the subject parcel, involving approximately 3.47 acres of land. As indicated in the previous section, adequate capacity exists ANX Staff Report 5 City Council Agenda Date July 9,

12 in terms of water, sanitary sewer, stormwater and transportation facilities to service the property' in its current use. Other essential urban services are already provided to the parcel by the County and area special service districts. Services that will transfer to the City subsequent to annexation are police protection, long-range planning, development review and building inspection. The proposed annexation does not entail extra-territorial extensions of service. (2) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary ofany necessaryparty; Consistent with the provisions established in the City of Beaverton - Clean Water Services Inter Governmental Agreement signed July 1, 2004, the City of Beaverton will acquire sanitary sewer maintenance responsibilities for the sanitary sewer facilities that are less than 24 inches in size and for the stormwater facilities that are 36 inches or less in size within the portion of SW 107 th Avenue to be annexed to the City. Additionally, in accordance with the terms specified in the City of Beaverton :- Washington County Urban Planning Area Agreement, the property will be removed from Washington County's Enhanced Sheriff's Patrol and Urban Road Maintenance Districts. The proposed annexation will not require withdrawal of territory from any other service districts identified as necessary parties.. (3) The proposed effective date of the boundary change. The proposed annexation was prompted by a desire on the part of the property owner to be served by the City of Beaverton. Upon annexation the City of Beaverton will service the subject site and incur the costs associated with those services provided, such as police, planning, development review and economic development. ORS specifies that the date an approved annexation becomes effective is determined by the date the Secretary of State files the jurisdiction's decision with its office. ORS also specifies that when annexation proceedings are initiated by a city, the city may specify a later effective date than that determined by the Secretary of State. The City's annexation process requires that the proposed ordinance receive first and second readings on consecutive meeting dates. Additionally, Section 36 of the City's Charter specifies that City ordinances shall take effect thirty (30) days after their adoption by the Council and approval of the mayor. Accordingly, the ordinance language for this proposal includes the following statement: The property shown on Exhibit B, and more particularly described in Exhibit A, is hereby annexed to the City of Beaverton effective upon the date the ordinance is filed with the Secretary of State (as specified by ORS ), or thirty (30) days from the date of adoption, whichever is later. Finding: Having addressed the elements contained in Metro Code Section (c) above, and as this staff report will be made available to the public on or before July 2, 2013, at least seven days prior to the date of decision, the proposal satisfies Metro Code Section (c). ANX Staff Report 6 If City Council Agenda Date July 9, 2013

13 (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 DRS ; The Service Provision section of this staff report addresses the provision of services in detail. Although discussion with other urban services providers on the content of an agreement have occurred sporadically over the last several years, and the City has proposed an agreement that is acceptable to most of the parties, the City has not yet entered into an urban services provider agreement under ORS that relates to all potential urban service providers in and around the City. As previously noted, on December 22, 2004, the City did enter into an interim intergovernmental agreement with Washington County, titled the "Beaverton-Washington County. Intergovernmental Agreement Interim Urban Services Plan". This agreement identifies areas that require Washington County consent before the City may annex in certain areas. The agreement has an effective period of ten years, and references ORS (1) among its recitals. The property proposed for annexation by this application does not require County consent in accordance with this agreement. No other ORS Chapter 195 Urban Service Agreements have been executed that would affect this proposed annexation. Finding: Staff finds that where applicable, the proposed annexation is consistent with urban service agreements in place as demonstrated in the staff report and as such the proposal satisfies Metro Code Section (d)(1)(a). (B) Any applicable annexation plan adopted pursuant to DRS ; As noted previously, the City has not yet entered into an urban services provider agreement under ORS that relates to all potential urban service providers in and around the City. Because a comprehensive urban service agreement has not been completed, it is not possible to consider adoption of individual annexation plans as provided under ORS Finding: Due to the fact that a comprehensive urban service agreement has not been established as a basis for preparing City annexation plans, staff finds that provisions in Metro Code Section (d)(1)(b) do not apply. (C) Any applicable cooperative planning agreement adopted pursuant to DRS (2) between the affected entity and a necessary party: As noted in the Urban Service Provision Section of this report the City has entered into ORS Chapter 195 cooperative agreements with Washington County, Tualatin Valley Fire and Rescue District, West Slope Water District, Tualatin Hills Park and Recreation District, and Clean Water Services. These agreements call for coordination of planning activities between each service ANX Staff Report 7 City Council Agenda Date July 9,

14 district and the City, although annexations are not subject to coordination under the agreement language. However, as necessary parties, the subject districts have been notified of this proposed annexation. Finding: Staff finds that the proposed annexation is not subject to existing cooperative agreements. (D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City's public facilities plan consists of the Public Facilities and Services Element of the Comprehensive Plan, the Transportation Element of the Comprehensive Plan, the City's Capital Improvements Plan, and the most recent versions of master plans adopted by providers of the following facilities and services in the City: stormwater drainage, potable water, sewage conveyance and processing, parks and recreation, schools and transportation. Where a service is provided by a jurisdiction other than the City, by adopting the master plan for that jurisdiction as part of its public facilities plan, the City has essentially agreed to abide by any provisions of that master plan. The relevant urban services as defined by Metro Code Section (1) that will change subsequent to this annexation are the sanitary sewer for services less than 24 inches in size and stormwater lines equal to or less than 36 inches in size that are located within the right-ofway of SW 10i h Avenue which is being annexed to the City of Beaverton. Staff could not identify any provisions in the Washington County Public Facilities Plan relevant to this proposed annexation.. Finding:. Staff finds that the propose~ annexation is consistent with applicable Public Facility Plans and therefore satisfies Metro Code Criterion (d)(1 )(0). (E) Any applicable comprehensive plan; The Comprehensive Plan for the City of Beaverton, Chapter 5.3 Urban Services Area, includes Policy d which states, lithe City shall seek to eventually incorporate its entire Urban Services Area." The subject territory is within Beaverton's Assumed Urban Services Area, which is Figure V-1 of the City of Beaverton's Acknowledged Comprehensive Plan. No other policies are applicable to this proposed annexation. Washington County's Comprehensive Framework Plan for the Urban Area (including amendments through County Ordinance No. 758) includes the following provisions that staff finds may be applicable to this proposed annexation: COUNTYWIDE DEVELOPMENT CONCEPT. A paragraph within this section at the beginning of the Comprehensive Framework Plan states: As development occurs in accordance with this development concept, issues of annexation or incorporation may arise. Annexation or incorporation issues will necessarily relate to various other planning issues such as community identity, fiscal impacts of growth and service provision, coordination between service providers to achieve efficiencies and ensure ANX Staff Report 8 /3 City Council Agenda Date July 9, 2013

15 availability, etc. As such issues arise; the County should evaluate community identity as an issue of equal importance with public service provision issues when developing policy positions on specific annexation or incorporation proposals. Staff views this statement as direction to the County itself in how to evaluate annexation proposals, and not guidance to the City regarding this specific proposal. As a necessary party, the County has an opportunity to comment on and appeal this proposed boundary change if they believe the boundary change is inconsistent with the approval criteria (see Metro Code Section 3.09). POLICY 3, INTERGOVERNMENTAL COORDINATION: It is the policy of Washington County to effectively coordinate its planning and development efforts with Federal, State, and other local governments and Special Districts to ensure that the various programs and activities undertaken by these bodies are consistent with the County Comprehensive Plan. Implementing strategy number three directs the County to, "Establish and maintain Urban Planning Area Agreements (UPAA)." The City and the County entered into an agreement which \'Vas adopted by both jurisdictions in POLICY 15, ROLES AND RESPONSIBILITIES FOR SERVING GROWTH: It is the policy of Washington County to work with service providers, including cities and special service districts, and Metro, to ensure that facilities and services required for growth will be provided when needed by the agency or agencies best able to do so in a cost effective and efficient manner. Applicable Implementing Strategies of Policy 15 that relate to annexation Include: The County will: d. In conjunction with Washington County cities and special service districts and Metro, adopt urban service agreements that address all unincorporated and incorporated properties in the Regional Urban Growth Boundary consistent with the requirements of DRS to f. Ifappropriate in the future, enter into agreements with service providers which address one or more of the following: 3. Service district or city annexation g. Not oppose proposed annexations to a city that are consistent with an urban service agreement or a voter approved annexation plan. The City of Beaverton, Washington County and the other urban service providers for the subject area worked off and on for several years to arrive at an urban service area agreement for the Beaverton area pursuant to DRS that would be consistent with Policy 15 and the cited implementing strategies. Unfortunately, although most issues were resolved, a few issues remained between the County and the City that prevented completion of the agreement. These unresolved issues related to how the transfer of service provision responsibility occurs, particularly the potential transfer of employees and equipment from the County to the City. The two jurisdictions were generally able to resolve who will provide services and whether they can be provided, when needed, in an efficient and cost effective manner. As previously noted, the ANX Staff Report 9 City Council Agenda Date July

16 County and the City have entered into an intergovernmental agreement that sets an interim urban services plan area in which the County commits to not oppose annexations by the City. RALEIGH HILLS - GARDEN HOME COMMUNITY PLAN The subject parcel is located within the Raleigh Hills - Garden Home Community Plan area. More specifically, the subject parcel is located in Subarea 2 and Area of Special Concern F. The following policies of this community plan may apply: COMMUNITY DESIGN 18. Piecemeal annexation ofland in this Planning Area shall be discouraged.... This policy is in conflict with Policy 15.g, of Washington County's Comprehensive Framework Plan for the Urban Area, as noted above. Per the Urban Service Area Agreement, the City may annex the subject parcel. SUBAREA 2 This subarea occupies the land bounded by Canyon Road, Beaverton-Hillsdale Highway and City ofbeaverton, SW 11Oth Avenue and the east side of SW 96th Avenue. The central and east portions ofthis subarea are generally planned for residential uses, with commercial uses on the south, west and north. Specific Design Elements: 2. All of the area west of SW 107th Avenue to SW 110th Avenue comprises Area of Special Concern F. When redevelopment is proposed in this Area, it shall be encouraged to occur in large units rather than lot by lot. Development shall be consistent with the land use designations, yet designed to maximize compatibility with existing single family residences. Subsequent to annexation, the City of Beaverton will apply its plan and zone designations to the parcel as a substitute for what had been applied by Washington County. Selection as to which designations are appropriate will be dictated by the terms specified in the Beaverton Washington County Urban Planning Area Agreement (UPAA). The intent is to apply City designations that most closely correspond to what had previously been applied. Subsequently, all City design standards pertaining to pedestrian access, landscaping, etc. will be applied in a development review process once application for the proposed development is submitted. Finding: Staff finds that the proposed annexation is consistent with applicable provisions contained in the City of Beaverton's Comprehensive Plan, Washington County's Framework Plan and the Raleigh Hills-Garden Home Community Plan. The proposed amendment therefore satisfies Metro Code Criterion (d)(1 )(E). (2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic provision of public facilities and services; The existing conditions section of this staff report contains information addressing this criterion in detail. As indicated, changes that affect public facility and service provisions to individual ANX Staff Report 10 I~ City Council Agenda Date July 9, 2013

17 properties are generally subject to agreements between the City of Beaverton, Washington County, and special districts. These agreements address which urban service provider will assume responsibilities for service in the event of a boundary change. By entering into these agreements and through the adoption of planning documents the City and its service district partners have attempted to ensure that the provision of services subsequent to the proposed boundary change will be timely, orderly, and economically viable. Finding:.Staff finds that for the reasons indicated above, changes in service provision occurring subsequent to the proposed boundary change have been adequately anticipated and planned for. The proposed amendment therefore satisfies Metro Code Criterion (d)(2)(a). (B) Affect the quality and quantity of urban services; The existing conditions section of this staff report contains information addressing this criterion in detail. As indicated, responsibilities pertaining to the provision of public facilities and services will either remain unchanged or transfer to the City. In general, because cities provide services on an urban scale, they can provide services at a level equal or higher than provided in unincorporated areas. Accordingly, the City is generally regarded as offering a level of service to properties that annex from unincorporated County that is equal or higher than what was previously received. Annexation to the City of Beaverton will therefore benefit the quality and quantity of urban services transferred to the City. Finding: The proposed annexation will generally have a beneficial effect on the quality and quantity of urban service. Criterion (d)(2)(B) has been met. (C) Eliminate or avoid unnecessary duplication of facilities or services. The intent of the intergovernmental agreements described in the Existing Conditions Section of this report is to clarify which agency bears responsibility for the provision of urban services in specific areas of the City and in circumstances of a jurisdictional boundary transfer. These agreements therefore fulfill the role of eliminating duplication of services where jurisdictional responsibilities may be unclear. The issue of duplication has therefore been addressed and resolved through these agreements. Finding: The proposed annexation is subject to the terms established by established service agreements between the City and its special district service providers, provisions have been made to avoid unnecessary duplication of facilities or services involving the subject parcel. Criterion (d)(2)(C) has been met. NOTICE Consistent with Metro Code Section (b), the City sent notice of the proposed annexation on June 18, 2013 (21 days prior to the City Council's first reading of the ordinance that would approve the annexation) to all necessary parties including Washington County, Metro, affected special districts and County service districts. ANX Staff Report 11 City Council Agenda Date July 9, 2013

18 The notice was posted on the City's web page on June 19, 2013 and a copy of this staff report will be posted on the City's web page on or before July 2, 2013 (7 days prior to the City Council's first reading of the ordinance that would approve the annexation). CONCLUSION Based on the facts and findings in this report, staff concludes that approval of the owner initiated annexation of Tax Lot 1S115AA00300 and the right-of-way of SW 107th Avenue from Canyon Road to the south property line of the subject parcel, meets all pertinent criteria outlined in Metro Section Attachments: A) Exhibit A, Legal Description for Annexation B) Exhibit B, ANX Exhibit Map C) Oregon Department of Revenue, Preliminary Review ANX Staff Report 12 City Council Agenda Date July 9, 2013 /7

19 ATTACHMENT :A ))u., Beaverton ORE G '0 N EXHIBIT A LEGAL DESCRIPTION FOR ANNEXATION EXPLANATION: THIS LEGAL DESCRIPTION IS PREPARED FOR TH-E OREGON DEPARTMENT OF REVENUE FOR THE PURPOSE OF DESCRIBING PARCELS OF LAND IN UNINCORPORATED WASHINGTON COUNlY TO BE ANNEXED TO THE CIlY OF BEAVERTON, LYING WEST OF S.W. 107 TH AVENUE AND SOUTH OF s.w. CANYON ROAD, WASHINGTON COUNlY, OREGON. ALL OF LOTS 8 AND 9, OF WILLIAMS ACRES AS SHOWN IN BOOK 7 PAGE 23, WASHINGTON COUNlY RECORDERS OFFICE, TOGETHER WITH THAT CERTAIN PORTION OF s.w. 107 TH AVENUE, LYING IN THE NORTHEAST OI\lE QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMITTE MERIDIAN, WASHINGTON COUNlY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 8 MID 9 AS SHOWN IN WILLIAMS ACRES SUBDIVISION PLAT IN BOOK 7, PAGE 23, WASHINGTON COUNlY RECORDERS OFFICE. HAVING AN AREA OF 1.94 ACRES MORE OR LESS ALSO TO BE ANNEXED IS A PORTION OF S.W. 107 TH AVENUE TO ACCESS AND SERVE LOTS 8 AND 9j DEDICATED BY SAID PLAT AND PER DOCUMENTS , 90~4120, AND AND BOOK 985, PAGE 578 ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 8 OF WILLIAMS ACRES AS SHOWN IN BOOK 7, PAGE 23, OF PLATS IN THE WASHINGTON COUNlY RECORDERS OFFICE; THENCE SOUTH 88 18'59" EAST, A DISTANCE OF TO THE POINT OF BEGINNING ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF s.w. 107 TH AVENUE PER DOCUMENT ; THENCE NORTH 1 06'01" EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID s.w. 107 TH AVENUE, A DISTANCE OF FEET, TO A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LEI\lGTH OF FEET, HAVING A CHORD BEARING OF NORTH 52 51'49" WEST, WITH A CHORD LENGT/j OF FEET, THROUGH A CENTRAL ANGLE OF '41"ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF S.W. CANYON ROAD; THENCE NORTH 72 00'37" EAST, ALONG SAID RIGHT OF WAY, A DISTANCE OF FEET TO A POINT OF CUSP WITH A NON TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF FEET; THENCE SOUTHERLY ALONG SAID NON TANGENT CURVE AN ARC LENGTH OF FEET, HAVING A CHORD BEARING OF SOUTH 37 08'11" WEST, WITH A CHORD LEI\JGTH OF FEET, THROUGH A CENTRAL ANGLE OF 72 04'19" TO THE EASTERLY RIGHT OF WAY LINE OF S.W. 107 TH AVENUE; THENCE SOUTH 01 06'01" WEsT, ALOI\lGTHE EAST RIGHT OF WAY LINE OF SAID S.W.107 TH AVENUE, A DISTANCE OF FEET TO THE SOUTH RIGHT OF WAY LINE OF S.W. KENNEDY STREET; THENCE NORTH 88 53'59" WEST, A DISTANCE OF FEET; THENCE SOUTH I~

20 01 06'01" WEST, A DISTANCE OF FEET; THENCE NORTH 88 18'59" WEST A DISTANCE' OF FEET TO THE POINT OF BEGINNING, HAVING AN AREA OF 1.53 ACRES MORE OR LESS SEE EXHIBIT "B", ATTACHED HERETO AND BY'THIS REFERENCE MADE A PART HEREOF. BASIS OF BEARING: NORTH 88 59'00" WEST, BEING THE SOUTH LINE OF LOT 8 OF WILLIAMS ACRES PLAT IN BOOK 7, PAGE 23, IN THE WASHINGTON COUNTY RECORDERS OFFICE, WASHINGTON COUNTY, OREGON. 51IEGI8TDIID PROfI'E'SSIONAL LAND SURVEYOR ~~4~r...y. OREGON DAVID A. WINSHIP 2165

21 r REGISTERED PROFESSIONAL LAND SURVEYOR ~~c?$~ OREGON JULY 26 f985 DAVID A. WINSHIP \ ~ RENEWAL DATE 06/30/14 EXHIBIT B ANX EXH IBIT MAP LYING IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 1 WEST, W_M_, WASHINGTON (OUN1Y, OREGON s. W. 107TH ANNEXA non V /:21 LOT 8 & 9 ANNEXA non KXXI MATCH LINE I I CURVE TABLE CURVE C1 C2 RADIUS 25.00' DELTA ANGLE 10755'41 7: 04'19" ARC LENGTH 47.09' 31.45' CHORD BEARING N5T51'49"W 53708'11 "W CHORD LENGTH 40.43' 29.41' NORTH NTS LOT 10 WILLIAMS ACRES TAX LOT ls115aa00200 CITY OF BEAVERTON EAST 10 FEET DEDICATED PER AND MATCH L1I\IE WASHINGTON COUNTY LOT 7 WILLIAMS ACRES TAX LOT IS115AA00400 SHEET 1 OF 1 ~(/r Beaver o R E G on o N DRAWN BY: MTS CHECKED BY:MTS APPROVED BY: REVISION: REVISION: -----'--. 2JJ _

22 City of Beaverton Community Development Dept. Attn: Leigh MCrabtree PO Box 4755 Beaverton, OR i7ur 34.,r~~MO.U Prelimi~t~~MENT C ~REGON ~~ DEupARTM ENT...OF REVENUE Cadastral Information Systems Unit PO Box Salem, OR fax Date: 6/10/2013 This letter is to inform you that the map and description for your PLANNED Annexation to the City of Beaverton (AI\lX ) in Washington County have been reviewed per your request. They MEET the requirements for use with an Order, Ordinance, or Resolution which must be submitted to the Wa~pil1gton County Assessor and Department of Revenue in final form before March 31,2014 per ORS If you have any questions please contact: Robert Ayers