AGENDA BILL. Beaverton City Council Beaverton, Oregon BUDGET IMPACT EXPENDITURE AMOUNT APPROPRIATION REQUIRED $0 BUDGETED $0 REQUIRED $0

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1 AGENDA BILL Beaverton City Council Beaverton, Oregon SUBJECT: A Public Hearing to Consider Annexing FOR AGENDA OF: BILL NO: Twenty-one (21) Parcels Located Generally North of SW Scholls Ferry Road, East of Mayor's Approval: _~4"fir) '4 SW Tile Flat Road, West of SW 175 th Avenue, and South of SW Horse Tale Drive DEPARTMENT OF ORIGIN: CEDD to the City of Beaverton. Annexation : South Cooper DATE SUBMITTED: Mountain ~ ~~ CLEARANCES: City Attorney \}.J~ ~~~ning Engineering '~.. '..~' PROCEEDING: PUBLIC HEARING EXHIBITS: 1. Staff Report dated BUDGET IMPACT EXPENDITURE AMOUNT APPROPRIATION REQUIRED $0 BUDGETED $0 REQUIRED $0 RECOMMENDED ACTION: City Council to conduct a public hearing on proposed Annexation South Cooper Mountain. HISTORICAL PERSPECTIVE: The territory proposed for annexation was added to the Urban Growth Boundary (UGB) by Metro in October This UGB expansion became effective in January The Land Conservation & Development Commission (LCDC) verbally approved the regional UGB decision in June The acre territory under consideration comprises the southern portion of Urban Reserve Area (URA) 6B which consists of a total of 1,776 acres. URA 6B was among the areas designated as an urban reserve in May That decision is pending review by the Court of Appeals. Annexation of the territory added to the UGB is the first step toward complying with the Metro's conditions requiring the City of Beaverton to: (1) prepare a concept plan establishing a long-term vision for all of South Cooper Mountain (URA 6B); (2) develop a detailed community plan for the annexation area to implement the vision for a complete community; and (3) adopt comprehensive plan provisions and land use regulations for the subject annexation area prior to urbanization and development. INFORMATION FOR CONSIDERATION: This request is to annex the acre territory comprised of 21 parcels located north of SW Scholls Ferry Road at the southwest corner of the City. The area is largely undeveloped, consisting of farms, orchards, and some large-lot residential development. Voluntary annexation petitions have been received from 82 percent of the property owners, who own 87 percent of the property in the area, representing 80 percent of the Ballot Measure 50 assessed value. The thresholds for a "triple majority" annexation have been exceeded, allowing the City to dispense with an election, and proceed with a public hearing to take testimony on the proposal. The attached staff report addresses the applicable criteria for the proposed annexation. Should the Council choose to proceed with the annexation after taking testimony and closing the public hearing, the agenda bill for first reading of the ordinance annexing the territory is on this meeting's agenda. Agenda Bill No: 12231

2 CITY OF BEAVERTON STAFF REPORT AND RECOMMENDATION TO: City Council STAFF REPORT DATE: Monday, October 29,2012 MEETING DATE: Tuesday, November 13, 2012 STAFF: SUBJECT: Valerie Sutton, AICP, Senior Planner ANX (South Cooper Mountain Annexation) REQUEST: Annexation to the City of Beaverton of twenty-one (21) parcels located generally north of SW Scholls Ferry Road, east of SW Tile Flat Road, west of SW 175 th Avenue, and south of SW Horse Tale Drive. A list of properties proposed for annexation is included in Exhibit 1. A vicinity a map of territory proposed to be annexed is provided in Exhibit 2. Exhibit 3 includes a legal description and perimeter map of the territory. Annexation of these properties is being processed as a triple majority annexation under ORS (1 ). NAC: The Neighborhood Office is recommending that the ordinance to annex the subject parcels to the City also amend the Neighbors Southwest NAC boundary to include these properties. AREA: The parcels total approximately acres. TAXABLE BM 50 ASSESSED VALUE: ASSESSOR'S REAL MARKET VALUE: $3,072,300 $4,549,670 ANX

3 EXISTING COUNTY ZONE: The majority of the subject parcels are designated AF 20 Agriculture & Forestry, ao-acre minimum lot size, with a small area in the northern portion of the area zoned EFU Exclusive Farm Use, ao-acre minimum lot size by Washington County. RECOMMENDATION: Staff recommend the City Council conduct a public hearing on the proposed annexation. At the close of the hearing, staff recommend that the Council move to conduct a first reading of the ordinance annexing the referenced property. 1. Background and Summary ofproposed Annexation The territory proposed for annexation was added to the Urban Growth Boundary (UGB) by Metro in October This UGH expansion became effective in January 2012; however, the final written order from the Land Conservation and Development Commission (LCDC) acknowledging the expansion has not yet been rendered. LCDC gave verbal approval to the decision in June Table 1 below includes urban/rural reserves and UGB expansion information relevant to the proposed annexation. Table 1 ional Reserves & UGB Decisions Urban Reserves designated in Pending review by May 3-county region 1 28,256 Court of Appeals 2011 Urban Reserve Area (URA) 6B Objections to Reserves 1,776 2 decision not specific to URA 6B Rural Reserves designated in 3 Pending review by county region 3 266,628 4 Court of Appeals LCDC verbal approval June Oct. UGB expansion in 3-county 1,985 14,2012; final written order 2011 re ion 5 endin South Cooper Mountain (SCM) Objections to UGB decision annexation area not s ecific to SCM 1 First priority for inclusion in UGB to meet identified need for housing & employment land 2 URA 6B acres included in the total regional urban reserves designation of 28,256 acres 3 Protected from urbanization for the next 50 years 4151,209/266,628 acres (57%) rural reserves located in Washington County 5 Entire 2011 UGB expansion on Westside, affecting cities of Beaverton, Hillsboro & Tigard 6 SCM annexation acres included in the total regional expansion of 1,985 acres ANX

4 The proposed acre annexation area comprises the southern portion of Urban Reserve Area (URA) 6B, which consists of a total of 1,776 acres. URA 6B was designated as an urban reserve in May LCDC issued the acknowledgment order for the region's urban and rural reserves ordinances on Aug. 14,2012. That decision is pending judicial review by the Court of Appeals. The Beaverton City Council adopted Resolution No on Aug. 16, 2010, endorsing the request to add the portion of URA 6B that is proposed for annexation to the UGB. This action was followed by a letter from the City to Metro, formally requesting addition of the subject annexation area to the UGB, and expressing the City's willingness to take on the planning effort and provide governance and urban services to the area. The South Cooper Mountain Prospectus (June 1, 2011) supplementing the City's formal UGB request was submitted to Metro in September Annexation of the territory is the first step toward complying with the conditions attached to the UGB expansion requiring the City to: 1) complete the concept planning for all of URA 6B; and 2) adopt comprehensive plan provisions and land use regulations for the subject annexation area prior to urbanization and development. This publically driven planning process is estimated to be completed approximately 12 to 18 months after the proposed annexation becomes effective. The territory proposed for annexation is largely undeveloped with current land uses consisting of farms, forested parcels, orchards and some large lot residential development. The 21 subject parcels range from acres to one (1) acre in size, with an average of approximately 26 acres. Four parcels are each greater than 50 acres in area. The largest parcel, which also has the most frontage along SW Scholls Ferry Road, is currently undeveloped. This parcel was bifurcated by the realignment of SW 175 th Avenue. Voluntary annexation outreach in the UGB expansion area commenced in late July Each property owner in the area received a packet with general information, along with an estimate of the change in property taxes after annexation for each tax lot owned. The estimate sheets show how the full city tax rate will be phased in over a three-year period beginning July 1, The City has received signed Petitions for Consent Annexation from 82% of the property owners in the territory proposed to be annexed. This group owns 87% of the property in the area, representing 80% of the assessed value. An informational meeting was held at the Beaverton Library on Sept. 1i h to advise property owners of the annexation process and timeline, as well as provide a brief overview of the regional planning process leading up to the UGB expansion, and the concept and community planning process that will follow. Around 18 people attended the meeting. ANX

5 In accordance with ORS (1), the City may proceed to annex property without an election when the following "triple majority" thresholds have been met: "", more than half of the owners of land in the territory, who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land in the territory and file a statement of their consent with the legislative body on or before the day: (a) The public hearing is held under ORS , if the city legislative body dispenses with submitting the question to the electors of the city..." The more typical City process in the recent past has been "100% consent" annexations, where all electors within the area give their consent. As indicated above, in this case the specified thresholds for a "triple majority" have been exceeded, enabling the city to proceed without holding an election. However, a "triple majority" annexation, unlike a "100% consent" annexation, requires the Council to hold a public hearing to take testimony and consider any objections to the proposed action prior to adopting an ordinance. Adoption of the annexation ordinance is a land use decision, appealable as such to LUBA. As noted above, Metro adopted Ordinance No B in October 2011, adding approximately 1,985 acres to the regional UGB. Exhibit B of that ordinance includes conditions specific to the 543-acre South Cooper Mountain annexation area requiring the City of Beaverton, in coordination with Washington County and Metro, to adopt comprehensive plan provisions and land use regulations for the area to authorize urbanization. The County has implied consent to the proposed annexation through its intergovernmental agreement with Metro that designated URA 6B as an urban reserve, specifying that areas added to the UGB will be governed and planned by cities prior to urbanization Finally, it is understood that changing the subject properties' existing County land use and zoning designations to the City's land use and zoning designations will occur after the concept planning for the entirety of URA 6B, and the detailed community plan for the South Cooper Mountain annexation area have been completed and adopted by the City Council. In the interim, County land use regulations will continue to apply to properties within the area proposed to be annexed ANX

6 2. Existing Conditions Table 2 below displays property classifications and existing land uses for each of the 21 parcels in the subject annexation territory. Table 2 South Cooper Mountain UGB Expansion & Annexation Area 7 Lot size, Classification & Existin Land Use 1 1S S S S S S S S S S S S S S S S S S S S )2S SW Horse Tale DR SW Horse Tale DR SW Kobbe DR None SW Scholls Fer None None None l\jone SW 175 Ave SW Tile Flat RD SW Scholls Ferr SW Scholls Fer None None SW Scholls Fer SW Tile Flat RD SW Tile Flat RD SW Scholls Fer SW Scholls Fer RD RD RD RD RD RD SW Scholls Ferry RD Farmlvacant Mineral interest/vacant Mineral interest/vacant Urban develo able/vacant Forest/vacant Forest/vacant Farm/vacant Farm/vacant Rural residential/im rovements Farm/improvements 3. Service Provision The following analysis details the various services available to the property to be annexed. Cooperative-, urban. service- and intergovernmental agreements (IGAs) affecting provision of service to the subject property include: 7 Source: Washington County Assessor's data ANX

7 Agreements: The City has ORS Chapter 195 cooperative agreements with Washington County and Tualatin Hills Parks and Recreation District (THPRD). The City has an ORS Chapter 190 IGA with Clean Water Services (CWS). The City has an ORS Chapter 190 IGA "for Mutual Aid, Mutual Assistance, and Interagency Cooperation Among Law Enforcement Agencies Located in Washington County, Oregon". 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. The IGA between Washington County and Metro to Adopt Urban and Rural Reserves was executed by the County and Metro February 23, and March 2, 2010, respectively. This agreement contains a policy stating that areas added to the UGB will be governed and planned by cities prior to urbanization. Implicit in this agreement is the county's consent to the proposed South Cooper Mountain area annexation. The proposed action is consistent with these agreements. Services: POLICE: FIRE: SEWER: The Washington County Sheriff's Office provides primary police protection in the area to be annexed. The area is contiguous to existing Beaverton Police Service areas, and the City will provide police service upon annexation of the subject properties. 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 from Fire Stations 66 and 69. TVF&R is designated as the long-term service provider to this area. Developed parcels in the subject area are currently served by on-site septic systems. Sanitary sewer within the subject area will be provided by the City in conjunction with CWS, through a current IGA, and in coordination with the city of Tigard. The annexation area is not currently in the CWS district boundary; however, CWS is currently updating their master plan to incorporate the South Cooper Mountain annexation area, the remainder of URA 6B, and the undeveloped area of Tigard south of SW Scholls Ferry Road. Preliminary evaluation suggests that some development in the easternmost sub-basin (east of SW 17S th ) could be served by connecting to existing gravity collection lines within the jurisdiction of the city of Beaverton. The remaining sewer service basins drain south to southwest, requiring engineering design and construction of a large pump station(s) and upgrades ANX

8 to large trunk sewer lines to provide sanitary sewer service. Sewer lines 12" in diameter and larger, and all sanitary sewer pump stations, are to be funded and provided by CWS through IGA with the cities. Concept and community plan development will further evaluate the provision of sanitary sewer service to the area. WATER: STORM WATER DRAINAGE: STREETS and ROADS: ANX CC Mtg Developed parcels in the subject area are currently served by individual onsite wells. The future potable water supply is expected to originate from the Joint Water Commission (JWC). The subject area is not currently within the TVWD service boundary. Since 1995, the City of Beaverton has owned and operated a 5.5 million-gallon water storage reservoir at the crest of Cooper Mountain (elevation 794 feet) on a parcel located on SW Kemmer Road within LIRA 6B. The City's 2009 Master Plan, incorporated by reference in Chapter 5 of the City's acknowledged Comprehensive Plan under subsection 5.2, Public Facilities Plan, calls for the city to add another upper-elevation water storage reservoir within the next five years. City engineering staff are currently working with consultants on a preliminary siting study for a future water storage reservoir at approximately 700 feet ground elevation on Cooper Mountain. The new reservoir would serve existing upper-elevation water customers within the City limits, new water customers located in the area proposed for annexation, and potentially customers in the remaining portions of URA 6B as the UGB expands in the future. It is estimated that around half of the annexation area can be served by extending existing distribution lines located in SW Scholls Ferry Road and SW Loon Drive at the southeast corner of the annexation area. Municipal storm water drainage services are not currently available in the subject area. It is anticipated that a stormwater management approach utilizing on-site treatment, detention, Best Management Practices (BMPs) and Low Impact Development Approaches (L1DA) sized and designed per City Engineering Design Manual and CWS Design & Construction Standards will be employed. Regional stormwater management facilities may be required to provide downstream treatment and/or run-off attenuation from pre-planned development areas where L1DAs are not feasible or appropriate. A complete Stormwater Master Plan for the annexation area will be developed through the concept and community planning processes. The subject area is currently served by a rural road system that provides a minimal transportation service framework. SW Scholls Ferry Road, bounding the site on the south, as is SW 175 th Avenue, which runs north-south through the eastern portion of the area, are classified as arterials. SW Tile Flat Road, running along the southwest edge of the site is classified as a collector. These roadways will require upgrades and possible realignment in some locations. The South Cooper Mountain Prospectus (June 1, 2011) includes a conceptual circulation network and identifies key improvements currently included in the Washington County Transportation System Plan (TSP), city of Beaverton TSP, and West Bull Mountain Concept Plan, as well as additional improvements specifically related to development of South Cooper Mountain. Improvements to the transportation framework will include 7 07

9 upgrades to existing roads, construction of new roads, bikeways and trails as well as future accommodation of public transit. Tri-Met does not currently serve the area. Further engineering analysis is needed to develop a detailed circulation plan through the concept and community planning processes. There are opportunities to cooperate with city of Tigard to address transportation system (and other infrastructure) needs in this vicinity as the community planning process for River Terrace, located south of the intersection of SW Scholls Ferry Road and SW 17S th Avenue, progresses over the next 18 to 24 months. PARKS: SCHOOLS: PLANNING, ZONING and BUILDING: The proposed annexation area is not currently served by either THPRD or Metro. Metro owns Cooper Mountain Nature Park that is located north of the subject area and co-managed with THPRD. Annexation to THPRD's boundary will occur as development takes place. The concept and community planning process will provide the opportunity to connect the new community with trails and paths to ensure all neighborhoods have access to open spaces, local and regional parks. Preliminary analysis suggests there is significant potential for more parks and open space to be developed in the area given the abundant natural resources and capacity of THPRD to serve the area. Public education services are currently provided by Hillsboro School District over the western portion of the subject area, and by Beaverton School District (BSD) over the eastern portion of the area. BSD currently has funding available to acquire land for a new high school in the area. The 2010 update of the BSD Facilities Plan identifies the need for a 40-acre site in the southern portion of URA 6B to site a new high school. Washington County currently provides long-range planning, development review, and building inspection services for all of URA 6B, including the proposed annexation area. The city is required by conditions of Metro's UGB expansion ordinance to complete the concept planning for the entirety of URA 6B, and a detailed community plan for the South Cooper Mountain annexation area. Future comprehensive plan map and zoning designations will be applied to the area through the legislative process required to adopt the community plan. Following city council adoption of the community plan, the City will provide all planning, zoning and building services in the South Cooper Mountain annexation area. In the interim period between the effective date of the annexation, and adoption of the community plan, Washington County land use regulations will continue to apply, and responsibility for administering these regulations during the interim period prior to community plan adoption will be determined through an IGA between the City and the County. ANX

10 4. Annexation Approval Criteria There are no specific City code criteria, nor are there City Comprehensive Plan policies, directly applicable to annexation. Therefore, the applicable criteria for the proposed action are those found in the Metro Code. In December 1998 the Metro Council adopted Metro Code Chapter 3.09 (Local Government Boundary Changes). Pursuant to Metro Code Section , the criteria for annexation decisions are as follows: : Hearing and Decision Requirements for Decisions Other Than Expedited Decisions (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 (d) To approve a boundary change through an expedited process, the city shall: (1) Find that the change is consistent with expressly applicable provisions in: (A) Any applicable urban service agreement adopted pursuant to ORS ; This staff report addresses the provision of services in detail, demonstrating that the provision of these services is consistent with cooperative agreements between Beaverton and the service providers. Although discussions with other urban services providers regarding 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 palties, the City has not yet entered into an urban services provider agreement under DRS that relates to all potential urban service providers in and around the City. As previously noted, on December 22, 2004 the City entered into an intergovernmental agreement with Washington County, titled the "Beaverton-Washington County Intergovernmental Agreement Interim Urban Services Plan". This agreement defines areas that the City may annex for ten years from the date of the agreement without the County's consent, and references DRS (1) among its recitals. The territory proposed for annexation is not located within the ten year annexation area; however, the County's consent to this proposal is implicit in its agreement with Metro that designated urban and rural reserves. This agreement contains a policy stating that areas added to the UGB will be governed and planned by cities priorto urbanization. No other DRS Chapter 195 Urban Service Agreements have been executed that would affect this proposed annexation. ANX

11 FINDING: Staff 'find 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 Criterion (d)(1)(a). (B) Any applicable annexation plan adoptedpursuant to ORS ; The City has not prepared an annexation plan pursuant to ORS for the subject parcels. The proposal under consideration is to annex the entire acre territory in a single action, to be followed by concept and community planning pursuant to Metro code, in order to comply with conditions of the Metro's UGB expansion ordinance. FINDING: Staff find that Metro Code Criterion (d)(1)(b) is not applicable since there is no annexation plan for the subject parcels. (C) Any applicable cooperative planning agreement adoptedpursuant to ORS (2) between the affected entity and a necessaryparty; The City has entered into an intergovernmental agreement with CWS, which was updated July 1, Appendix 'A' to that agreement identifies sanitary and storm line maintenance responsibilities between the City and the District. Pursuant to this agreement, sanitary sewer lines under 24 inches in diameter as well as certain storm drainage and surface water facilities transfer to the City subsequent to annexation. In keeping with the terms of the agreement, the City plans to maintain sewer and storm water lines in place and those installed as a result of planned development of the properties. The acknowledged Washington County-Beaverton Urban Planning Area Agreement (UPAA) does not contain provisions directly applicable to City decisions regarding annexation. The UPAA does address actions to be taken by the City after annexation, including annexation related Comprehensive Plan Land Use Map amendments and rezones. However, in this case, the city is obligated to comply with provisions of the agreement between Washington County and Metro regarding urban and rural reserves, and the conditions attached to Metro's UGB expansion ordinance as previously discussed. FINDING: Staff find that where applicable, the proposed annexation is consistent with cooperative agreements in place as demonstrated in the staff report and as such the proposal satisfies Metro Code Criterion (d)(1)(c). (D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and service; and ANX

12 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: storm water drainage, potable water, sewerage conveyance and processing, parks and recreation, schools and transportation. Where a service is provided by a jurisdiction or distric!.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 City will add the annexation area to its public facilities plans through the community planning and comprehensive plan amendment processes. The property proposed for annexation may involve changes to facilities that would affect the public facilities plans of applicable service districts for the area. The concept and community planning processes will include participation of the various districts and service providers involved to ensure coordination of public facilities construction and maintenance, and provision of services in the annexation area. Staff could not identify any provisions in the Washington County Public Facilities Plan relevant to the proposed annexation. The map in Figure L1 of that plan does not include the proposed annexation area, nor any of the remainder of URA 6B. FINDING: Staff find that where applicable, the proposed annexation is consistent with existing public facility plans as demonstrated in the staff report and as such the proposal satisfies Metro Code Criterion (d)(1)(d). Amendments to applicable public facility plans will be a likely outcome of the concept and community planning proc~ss for URA 6Aand the South Cooper Mountain annexation area. (E) Any applicable comprehensive plan; and Chapter Five: Public Facilities and Services Element. of the Comprehensive Plan for the City of Beaverton, contains the following statement under subsection 5.3, Urban Services Area: "changes to the City's Urban Services Boundary will be required in the future if Metro expands the Urban Growth Boundary to the City's north and/or southwest. " The Washington County Comprehensive Framework Plan (WCCFP) for the Urban Area contains the following provisions that may be applicable to the proposed annexation: "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 availability, etc. As such issues arise; the County should evaluate community identity as an issue of equal importance with public service provision ANX

13 issues when developing policy positions on specific annexation or incorporation proposals. " Policy 15 of the WCCFP, relating to Roles and Responsibilities for SeNing Growth, states: "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." Policy 15 implementation strategies related to annexation state: o The County will: f. If appropriate 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 senice providers for the subject area had been working for several years to arrive at an urban senice area agreement for the Beaverton area pursuant to ORS that would be consistent with Policy 15 and the cited implementing strategies. Although most issues had been resolved, a few issues remain between the County and the City that had prevented completion of the agreement. These issues did not relate to who provides senices or whether they can be provided when needed in an efficient and cost effective manner so much as how the transfer of senice provision responsibility occurs, particularly the potential transfer of employees and equipment from the County to the City. As previously noted, the agreement between the County and Metro, that designated URA 6B as an urban resene, includes a policy specifying that areas added to the UGB will be governed and planned by cities prior to urbanization. It follows that implementation of this policy will require further negotiations among the affected cities, the county and various districts to include urban resenes and UGB expansion areas in the most appropriate city's ultimate urban senice area. In this case, it has been predetermined through the Metro UGB expansion ordinance that the City of Beaverton is the most appropriate city to provide urban senices and governance to the territory proposed for annexation, although the City's urban senices boundary has not yet been changed to include the subject area. FINDING: Staff find that where applicable, the proposed annexation is consistent with existing comprehensive plan policies as demonstrated in the staff report and as such the proposal satisfies Metro Code Criterion (d)(1)(e). ANX

14 (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 offacilities orservices. The Existing Conditions section of this staff report contains information addressing this criterion in detail. The proposed annexation will not interfere with the provision of public facilities and services. The provision of public facilities and services is prescribed by urban services provider agreements and the City's capital budget. Details of extension and financing of public facilities and services for the proposed annexation area will be determined through the concept and community planning processes required to be completed prior to urbanization of the area. FINDING: Staff find that the proposed annexation will not interfere with the timely, orderly and economic provisions of public facilities and services, the quality of those services, and not duplicate provision of services. Criterion (d)(2) has been met (e) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and outside the UGB. Neither a city nor a district may extend water or sewer services from inside a UGB to territory that lies outside the UGB. The subject parcels to be annexed are located fully within the existing UGB as of January As previously noted, the final written order from LCDC acknowledging this decision has not yet been issued. Department of Land Conservation and Development (DLCD) and Metro staff have advised that the pending order is scheduled to be completed by the end of the year. FINDING: Staff find that the proposed annexation satisfies Metro Code Criterion (e). Metro Code Section (b) lists the following three (3) items to be included in the staff report for annexation. Metro Section (b)(1-3) are not approval criteria but are topics for information to be provided in the staff report. These items are as follows: (1) The extent to which urban services are available to serve the affected territory, including any extra territorial extensions of 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 (3) The proposed effective date of the boundary change. ANX

15 As noted in the findings of this report, urban services are available to serve the subject parcels. The annexation will likely result in alteration of the boundaries of some service providers, as determined through the concept and community planning processes. Finally, the City anticipates the effective date of the boundary change to be no later than March 31, Process Consistent with the applicable provisions of ORS , ORS , and Metro Code Section , the City mailed notice of the Nov. 13,2012 annexation hearing on Oct. 23, 2012 to all necessary parties including: Washington County; Metro; affected special districts; County service districts; and affected property owners. Notice of the annexation hearing was published two consecutive weeks in the Valley Times, on Nov. 1 and Nov. 8, Lastly, notice of the annexation hearing was posted in four (4) public places, as well as being posted on-site at four (4) locations visible from public roadways. The notice and a copy of this staff report have also been posted on the City's web page. 6. Conclusion Based on the facts and findings in this report, staff conclude that the proposed annexation of the 21 parcels within the acre territory initiated by owners of 87% of the land area within the territory, and otherwise also exceeding the thresholds for a "triple majority" annexation as set forth in ORS (1), meets all applicable criteria. A list ofthe 21 affected parcels is contained in Exhibit Exhibits Exhibit 1. List of parcels to be annexed Exhibit 2. Vicinity Map Exhibit 3. Legal description and perimeter map of the territory ANX l4

16 EXHIBIT_\_ EXHIBIT 1 South Cooper Mountain Annexation Area List of Parcels 1 1S SW Horse Tale DR 63 1S SW Horse Tale DR S SW Kobbe DR S None S SW Scholls Fer RD S None S None S None S None S SW 175 Ave S SW Tile Flat RD S SW Scholls Ferr RD S SW Scholls Fer RD S None S None S SW Scholls Fer RD S SW Tile Flat RD S SWTile Flat RD S SW Scholls Fer RD S SW Scholls Ferr RD )2S SW Scholls Ferry RD Source: Washington County Assessor's data 15

17 :reated on July 5,2012 by City of Beaverton GIS. This product is for information purposes only and may not have been prepared for, or be suitable for, legal, engineering, or surveying purposes. Users ofthis information should review, or consult, the primary data and information sources to ascertain the usability of the information.this map lpresents the best data available at the time of publication. lmlile reasonable effort has been made to ensure the accuracy of the information shown on this page, the City of Beaverton assumes no responsibility, or liability, for any errors, omissions, or use of this information. Metadata available on request. 16

18 \lflr,. Beaverton ORE G 0 N EXHIBIT_3_ EXHIBIT 3 LEGAL DESCRIPTION SOUTH COOPER MOUNTAIN 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 AI\INEXED TO THE CITY OF BEAVERTON FOR THE PURPOSE OF EXPANDING THE URBAN GROWTH BOUNDARY, LYING NORTH OF S.W. SCHOLLS FERRY ROAD COUNTY ROAD 3110 AND EAST OF S.W. TILE FLAT ROAD COUNTY ROAD 3279 A-21 AND WEST OF EXISTII\IG CITY OF BEAVERTON CITY LIMITS, WASHINGTON COUNTY, OREGON. PARCELS OF LAND LYING WITHIN THE SOUTH ONE HALF (Slj2) OF THE OF THE SOUTH HALF OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 1 WEST, AND THE NORTH ONE HALF (N1j2) OF SECTION 6, TOWNSHIP 2 SOUTH, RAI\lGE 1 WEST, AND A PORTION OF THE NORTHEAST QUARTER (NE1j4) OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 2 WEST, AND A PORTION OF THE SOUTHEAST QUARTER (SE1j4) OF THE SOUTHEAST QUARTER (SE1j4) OF SECTION 36 TOWNSHIP 1 SOUTH, RANGE 2 WEST, WILLAMElTE MERIDIAN, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP BEING THE NORTHEAST CORI\IER OF SECTION 6, TOWI\ISHIP 2 SOUTH, RANGE 1 WEST, WILLAMElTE MERIDIAN ALSO BEING THE SOUTHEAST CORNER OF LOT 31 OF SKY HIGH ACRES NO 2 RECORDED IN BOOK 14, PAGE 32 11\1 THE COUI\ITY RECORDED OFFICE, AND ALSO BEING A POINT ON THE WESTERLY BOUNDARY OF THE CITY OF BEAVERTON; THENCE SOUTH 00 30'34" WEST, ALONG THE EASTERLY LINE OF SAID SECTION 6 AND CITY OF BEAVERTON BOUNDARY LINE, A DISTANCE OF FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 89 40'06" WEST, ALOI\IG THE CITY OF BEAVERTON BOUNDARY LINE, A DISTANCE OF FEET; THENCE CONTINUING ALONG SAID BOUNDARY LINE SOUTH 00 26'30" WEST, A DISTANCE OF FEET TO A 1\101\1 TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF FEET ALSO BEING THE CENTERLINE OF S.W. SCHOLLS FERRY ROAD COUNTY ROAD 3110; THEI\ICE CONTINUING ALONG SAID CENTERLINE, WESTERLY ALONG SAID NON TANGENT CURVE AN ARC LENGTH OF FEET, HAVING A CHORD BEARING OF SOUTH 86 34'29" WEST, WITH A CHORD LENGTH OF FEET THROUGH A CENTRAL ANGLE OF 6 19'26"; THENCE SOUTH 89 44'12" WEST, A DISTANCE OF FEET TO A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF FEET; THENCE WESTERLY ALONG SAID CURVE AN ARC LENGTH OF FEET, HAVING A CHORD BEARING OF SOUTH 82 21'29" WEST, WITH A CHORD LENGTH OF FEET THROUGH A CENTRAL ANGLE OF 14 45'02";THENCE SOUTH 74 58'58" WEST, A DISTANCE OF FEET TO A CURVE CONCAVE TO THE NORTHERLY HAVING A RADIUS OF FEET; THENCE WESTERLY ALONG SAID CURVE HAVING AN ARC LENGTH OF

19 FEET, WITH A CHORD BEARING OF SOUTH 82 05'03" WEST, WITH A CHORD LENGTH OF FEET THROUGH A CENTRAL ANGLE OF 14 12'09"; THENCE SOUTH 89 11'07" WEST, A DISTANCE OF FEET TO AN ANGLE POINT IN THE CENTERLINE OF S.W. SCHOLLS FERRY ROAD; THENCE SOUTH 69 35'26" WEST, A DISTANCE OF FEET TO THE CENTERLINE INTERSECTION OF SAID S.W. SCHOLLS FERRY ROAD AND S.W. TILE FLAT ROAD COUNTY ROAD 3279 (A-21); THENCE SOUTH 72 59'01" WEST TO AN INTERSECTION WITH THE EXTENSION OF THE WEST RIGHT OF WAY LINE OF S.W. TILE FLAT ROAD AI\ID THE CENTERLINE OF S.W. SCHOLLS FERRY ROAD, A DISTANCE OF FEET; THENCE NORTH 30 06'47" WEST ALONG THE WEST RIGHT OF WAY LINE OF S.W. TILE FLAT ROAD, A DISTANCE OF 1637,81 FEET; THENCE NORTH 39 48'08" WEST, A DISTANCE OF FEET; THENCE NORTH 40 25'08" WEST, A DISTANCE OF FEET; THENCE NORTH 00 30'52" EAST LEAVING SAID WEST RIGHT OF WAY LINE, A DISTANCE OF FEET ALONG THE EAST RIGHT OF WAY LINE OF S.W. KOBBE DRIVE A PRIVATE ROAD TO THE NORTH LINE OF SECTION 1, TOWNSHIP 2 SOUTH RANGE 2 WEST; THENCE SOUTH 89 54'12" EAST ALONG SAID NORTH SECTION LINE, A DISTANCE OF FEET; THENCE NORTH 00 01'11" WEST LEAVING SAID NORTH SECTION LINE, A DISTANCE OF FEET; THENCE SOUTH 89 54'24" EAST, A DISTANCE OF FEET TO THE WEST SECTION LINE OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 1 WEST; THENCE NORTH 00 05'36" EAST ALONG SAID WEST SECTION LINE, A DISTANCE OF FEET; THENCE SOUTH 89 54'24" EAST, A DISTANCE OF FEET; THENCE SOUTH 00 00'55" WEST, A DISTANCE OF FEET; THENCE SOUTH 89 54'24" EAST, A DISTANCE OF FEET; THENCE NORTH 00 00'55" EAST, A DISTANCE OF FEET; THENCE SOUTH 89 54'24" EAST, A DISTANCE OF FEET ALONG THE NORTH LINE OF S.W. HORSE TALE DRIVE A PRIVATE ROAD TO THE CENTER SECTION LINE OF SAID SECTION 31ALSO BEING THE EAST RIGHT OF WAY LII\IE OF S.W. 175 TH AVENUE COUNTY ROAD 1960; THENCE SOUTH 00 04'18" WEST, ALONG SAID COUNTY ROAD, A DISTANCE OF FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 31 COMMON WITH SECTION 6, TOWNSHIP 2 SOUTH, RANGE 1 WEST; THENCE SOUTH 89 59'42" EAST ALOI\lG THE SOUTH SECTION LINE OF SECTION 31 AND NORTH LINE OF SECTION 6, ALSO BEING THE SOUTH LINE OF SKY LINE ACRES NO.2, A DISTANCE OF FEET TO THE POINT OF BEGINNING, HAVING AN AREA OF ACRES MORE OR LESS SEE EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. BASIS OF BEARING: SOUTH 89 54'12" EAST BETWEEN THE NORTH QUARTER CORNER SECTION 36 AND THE SOUTHEAST SECTION CORNER SECTION 36 TOWNSHIP 1 SOUTH, RANGE 2 WEST, BASED ON THE RECORD OF SURVEY 29,833, IN THE WASHINGTON COUNTY RECORDERS OFFICE, WASHINGTON COUNTY, OREGON. 18

20 EXHIBIT B SOUTH COOPER MOUNTAIN T1S, R1W S 89'54'24" E sliq.85' L7 S 69'54-'2+" E ' ~i! I~ ~ ~ T1S, R2W 2.. RIGHT OF WAY LME S 89"54'-'-2 E BASIS OF BEARINGS T2S, R2W 1& ~0... ~ ~ "to' ~~II! ~U_~D!i kz ~! I CENTERUNE ~ '" S 89'59~42.' E 2807.Cl8' lli 116 M5 32 ~<F LOT 30 LOT 31 ANNEXAllONUNE ~~~ UJr UNE SECllON UNE SECl10N CORNER rrj P.O.B. >< CURVE TABLE CURVE ARC RADIUS CHORD LENGTH C ~ ~I =c CD ~ '!'~ T2S, R1W -I \ C i367.w C3 1S T5B:02' ~I TOTAL AREA ac.,.~ ~ 1j, ~ '0 ~I ~ II '!I ~ S 89"-40'06" W ' A ~ SEC. 1 ISEC. 6 s.,,'or W ' S.W. SCHOLLS FERRY ROAD ~I (CR 3,'0 &: CR 348) i~aye,rt91! 1;1 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION xx JOB NO: ANXI2-4 DATE: DRAWN BY: MTS CHECKED BY: OW lapproved BY: OW (~ ~