E WASHINGTON COUNTY OREGON. Andy Back, Planning and Development Services Manager

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1 Exhibit A E WASHINGTON COUNTY OREGON August 8, 2016 To: From: Subject: Board of Commissioners Andy Back, Planning and Development Services Manager MINOR BOUNDARY CHANGE CASEFILE NOS LRP/BC - ANNEXATION TO TUALATIN HILLS PARK & RECREATION DISTRICT LRP/BC - ANNEXATION TO TUALATIN VALLEY WATER DISTRICT LRP/BC - ANNEXATION TO CLEAN WATER SERVICES DISTRICT LRP/BC - ANNEXATION TO ENHANCED SHERIFF S PATROL DISTRICT LRP/BC - ANNEXATION TO URBAN ROAD MAINTENANCE DISTRICT STAFF REPORT For the August 23, 2016 Board of Commissioners hearing (The public hearing will begin no sooner than 6:30 PM) STAFF RECOMMENDATION Based on the analysis and findings in this staff report, staff recommends that the Board APPROVE Minor Boundary Change Casefiles No LRP/BC to LRP/BC with the approvals becoming effective immediately. REQUESTED ACTION It is proposed that five (5) parcels, a portion of three (3) other parcels, and rights-of-way on NW Brugger Road and NW Kaiser Road totaling approximately 18 acres, located north of NW Springville Road between NW Kaiser Road and NW Eleanor Avenue, be annexed into the following five service districts: Tualatin Hills Park & Recreation District (THPRD), Tualatin Valley Water District (TVWD), Clean Water Services District (CWS), Enhanced Sheriff s Patrol District (ESPD) and Urban Road Maintenance District (URMD). Applicant / Owner: Polygon WLH, LCC Applicant s Representative: Stacy Connery of Pacific Community Design Department of Land Use & Transportation Long Range Planning Division 155 N. First Avenue, Suite , Hillsboro, OR phone: (503) fax: (503)

2 Board of Commissioners Staff Report Casefile No to LRP/BC August 8, 2016 Page 2 of 6 Affected Property: Five (5) parcels, a portion of three (3) other parcels, and rights-ofway on NW Brugger Road and NW Kaiser Road at totaling approximately 18 acres at NW Springville Road and 6850, 6880, and 6900 NW Kaiser Road (four parcels are not addressed). Specifically at Map and Tax Lots: 1N117A (portion), 1N117A (portion), 1N117A000803, (portion), 1N117AD20500, 1N117AD , 1N117DB08500, 1N117DB08600, and 1N117DB13400 ENDORSEMENTS THPRD provided a general endorsement of all annexations in the North Bethany Subarea Plan Area on December 9, 2013 (Resolution No ). TVWD provided a general endorsement of all annexations in the North Bethany Subarea Plan Area on February 15, 2012 under Resolution No The Board of County Commissioners (Board) endorsed the request as the Board of Directors of CWS as required by statute through District Resolution & Order on November 6, The Board endorsed the request as the Board of Directors of ESPD as required by statute through District Resolution & Order 12-3 on November 6, The Board endorsed the request as the Board of Directors of URMD as required by statute through District Resolution & Order 12-2 on November 6, CITIZEN PARTICIPATION Notice of this hearing inviting testimony from interested parties was provided as required by statute and Metro Code. Notice consisted of: 1) Posting notices near the parcels and in the Public Services Building at least 20 days prior to the hearing; 2) Publishing notice twice in The Oregonian; 3) Mailing notices to all affected local governments and adjacent property owners. At the time of writing this staff report no comments were received. FINANCIAL IMPACT There are no known financial impacts associated with these minor boundary changes to prevent the Board from approving the annexation.

3 Board of Commissioners Staff Report Casefile No to LRP/BC August 8, 2016 Page 3 of 6 LEGAL ISSUES There are no known legal impacts associated with these minor boundary changes to prevent the Board from approving the annexations. If the Board approves the proposal, the boundary changes would become effective immediately. BACKGROUND A consent petition of the property owners initiated these proposals (Casefile No LRP/BC to LRP/BC). The petition meets the requirement for initiation set forth in ORS (annexation without election by petition of landowner), ORS (section of statute that specifies contents of petition) and Metro Code (a) (lists minimum requirements for petition). The parcels to be annexed are located inside the Urban Growth Boundary within unincorporated Washington County. The annexation is for five (5) parcels, a portion of three (3) parcels, and rights-of-way on NW Brugger Road and NW Kaiser Road totaling approximately 18 acres. The site is described as sloped with one single-family residence and land previously used as a nursery with a man-made irrigation pond. The current total assessed value of the site being annexed is approximately $1,300,000. REASON FOR ANNEXATION The applicant desires to annex into these five service districts to meet the requirements for development within the North Bethany Subarea Plan area under the Community Development Code (CDC) Section A which requires that the applicant demonstrate that: The property (ies) has been annexed to the following jurisdictions: Clean Water Services, Metro, Tualatin Hills Park & Recreation District, Tualatin Valley Fire and Rescue, Enhanced Sheriff s Patrol District, Enhanced Sheriff s Patrol District and Urban Road Maintenance District. The applicant is proposing to construct a 180-unit single and multi-family residential planned development. CRITERIA Oregon Revised Statute Chapter 198 directs the Board to consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district. A second set of criteria can be found in the Metro Code. To approve a boundary change, the reviewing entity [the County Board] must apply the criteria and consider the factors set forth in the Code. To approve a boundary change the county must:

4 Board of Commissioners Staff Report Casefile No to LRP/BC August 8, 2016 Page 4 of 6 (1) Find that the change is consistent with expressly applicable provisions in: (A) Any applicable urban service agreement adopted pursuant to ORS ; (B) Any applicable annexation plan adopted pursuant to ORS ; (C) (D) (E) (F) Any applicable cooperative planning agreement adopted pursuant to ORS (2) between the affected entity and a necessary party; Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; Any applicable comprehensive plan; and Any applicable concept plan. (2) Consider whether the boundary change would: (A) (B) (C) Promote the timely, orderly and economic provision of public facilities and services; Affect the quality and quantity of urban services; and Eliminate or avoid unnecessary duplication of facilities and services. The property to be annexed is not covered by an urban service agreement or a cooperative planning agreement. The county s Comprehensive Plan contains no policies relating directly to the annexation of lands into the five service districts. However, in the development of the North Bethany Subarea Plan (a concept plan), standards were created in the Community Development Code requiring developments within the North Bethany Area to be annexed into six service districts: Metro, CWS, THPRD, TVWD, ESPD and URMD. The applicant is working with Metro to be included in the Metro jurisdictional boundary as this boundary review is not in the purview of the county. Staff finds the proposed annexation will not result in duplication of facilities and services as THPRD, TVWD, CWS, ESPD and URMD are the sole providers for unincorporated Washington County for their specific type of districts. Compliance with Section shows compliance with the applicable concept plan and promotes the timely, orderly and economic provision of public facilities and services in this area.

5 Board of Commissioners Staff Report Casefile No to LRP/BC August 8, 2016 Page 5 of 6 LAND USE PLANNING REGIONAL PLANNING General Information The property to be annexed is inside the regional Urban Growth Boundary (UGB), but not in Metro s jurisdictional boundary. Prior to development approval, the property must be annexed into Metro s jurisdictional boundary, which the applicant has submitted. Regional Framework and Functional Plans The law that requires Metro to adopt criteria for boundary changes specifically states that Metro shall... ensure that a boundary change is in compliance with the Metro regional framework plan as defined in ORS and cooperative agreements and urban service agreements adopted pursuant to ORS 195." ORS states, Metro regional framework plan means the regional framework plan required by the 1992 Metro Charter or its separate components. The Regional Framework Plan was reviewed and found not to contain specific criteria applicable to boundary changes. There are two adopted regional functional plans, the Urban Growth Management Functional Plan and the Regional Transportation Plan, which were examined and found not to contain any directly applicable standards and criteria for boundary changes. Staff finds these requests comply with regional criteria for annexation. COUNTY PLANNING The county s Comprehensive Framework Plan for the Urban Area Policy 15 is relevant to this annexation request. Implementation Strategy h of Policy 15 says: The county will: h. Not oppose proposed annexations to a special service district: 1. That are consistent with an urban service agreement; or 2. If no urban service agreement applies to the property, the property lies within an area for which the district is designated a party in a cooperative agreement adopted pursuant to ORS and the district has adopted a Master Plan for the area. Annexations to special service districts that are consistent with an adopted urban service agreement are deemed to be consistent with the Washington County Plan. The property to be annexed is not covered by an urban service agreement or a cooperative planning agreement. The county s Comprehensive Plan contains no policies relating directly to the annexation of lands into the five service districts. However, Section of the CDC is relevant to these annexations. It states:

6 Board of Commissioners Staff Report Casefile No to LRP/BC August 8, 2016 Page 6 of an application for development approval within the North Bethany Subarea Plan shall be denied unless the applicant demonstrates that: A. The property(ies) has been annexed to the following jurisdictions: Clean Water Services, Metro, Tualatin Hills Park & Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Enhanced Sheriff s Patrol District, and Urban Road Maintenance District. The CDC section above requires land within the North Bethany Subarea Plan be annexed to several service districts prior to development. These requested annexations would satisfy that CDC requirement. FACILITIES AND SERVICES ORS 195 Agreements: ORS 195 requires agreements between providers of urban services. Urban services are defined as: sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. These agreements are to specify which governmental entity will provide which service to which area in the long term. The counties are responsible for facilitating the creation of these agreements. Water: The project area would be served by a 12-inch TVWD water line located at NW Eleanor Avenue and NW Shackelford Road. The applicant is requesting annexation into this service district. Sewer: The project area will access an existing 8-inch sanitary sewer line located at NW Brugger Road and NW Kaiser Road. The applicant is requesting annexation into this service district. Storm Drainage: CWS has responsibility for surface water management within the Washington County urban growth boundary. The proposed development would drain to facilities provided by Bethany Creek, flowing through the site. The applicant is requesting annexation into this service district. Parks and Recreation: The subject parcels are located within THPRD s ultimate service area. The applicant is requesting annexation into this service district. Transportation: The roadways surrounding the parcels are or will be maintained by the county. URMD provides an additional level of service to the urban unincorporated areas of the county. The applicant is requesting annexation into this service district for the subject parcel. Fire: Tualatin Valley Fire & Rescue provides fire and emergency services to this area. Station No. 68 is located at NW Evergreen St. Police: Washington County provides a general level of police services through the county Sheriff s office. ESPD provides an additional level of service to the urban unincorporated areas of the county. The applicant has requested annexation into ESPD for the subject parcels.

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12 August 2, 2016 EXHIBIT A LEGAL DESCRIPTION Job No Annexation Tracts HH and NN, plat of Polygon at Bethany Creek Falls No. 2, Tract SS, plat of Polygon at Bethany Creek Falls No. 3, the land described in Document No , and portions of the lands described in Document Nos , , , and , Washington County Records, in the Northeast, Southwest, and Southeast Quarters of Section 17, Township 1 North, Range 1 West, Willamette Meridian, Washington County, State of Oregon, more particularly described as follows: BEGINNING at the most easterly corner of said Tract NN ; thence along the southerly line of said Tract NN, South 68 03'29" West, a distance of feet to the Southwest corner of said Tract NN ; thence along the westerly line of Tract J, plat of Polygon at Bethany Creek Falls, South 01 47'44" West, a distance of feet to the Southwest corner of said Tract J ; thence along the southerly line of said Tract J and the northerly line of Tract I, plat of Polygon at Bethany Creek Falls, South 88 12'16" East, a distance of feet to an angle point on the northerly line of said Tract I ; thence along said northerly line, South 67 38'32" West, a distance of feet to the most westerly corner of said Tract I ; thence along the northerly line of Archibald Bull Donation Land Claim No. 50, North 88 30'05" West, a distance of feet to the most easterly corner of said Tract SS ; thence along the southerly line of said Tract SS, South 68 03'42" West, a distance of feet to an angle point; thence continuing along said southerly line, South 73 36'18" West, a distance of feet to an angle point; thence continuing along said southerly line, South 51 35'29" West, a distance of feet to an angle point; thence continuing along said southerly line, South 68 03'42" West, a distance of feet to the most southerly corner of said Tract SS ; SW Main Street, Tigard, OR [T] [F] Page 1 of 5

13 thence along the westerly line of Tract RR of said plat of Polygon at Bethany Creek Falls No. 3, South 02 22'20" West, a distance of feet to the Northeast corner of Tract A, plat of Crossing at North Bethany ; thence along the northerly line of said Tract A and the southerly line of said land described in Document No , North 88 13'33" West, a distance of feet to the Southwest corner of said land; thence along the westerly lines of said lands described in Document Nos and , North 05 40'02" West, a distance of feet to an angle point; thence continuing along said westerly line, North 39 57'59" West, a distance of 2.96 feet to the Northwest corner of said land described in Document No ; thence continuing along the southerly line of said land described in Document No , North 87 55'59" West, a distance of feet to the Southwest corner of said land; thence along the westerly line of said land, North 35 22'05" West, a distance of feet; thence leaving said westerly line, North 54 37'55" East, a distance of feet; thence along a foot radius non-tangential curve, concave northerly, with a radius point bearing North 57 33'26" East, arc length of feet, central angle of 72 26'39", chord distance of feet, and chord bearing of South 68 39'53" East; thence North 75 06'47" East, a distance of feet; thence along a foot radius tangential curve to the left, arc length of feet, central angle of 05 17'38", chord distance of feet, and chord bearing of North 72 27'58" East; thence North 69 49'09" East, a distance of feet to a point on the northerly line of said land described in Document No ; thence along said northerly line and the northerly line of the land described in Document No , South 88 14'50" East, a distance of feet to the most westerly Southwest corner of said land described in Document No ; thence along the westerly line of said land described in Document No , North 02 21'10" East, a distance of feet; thence leaving said westerly line, North 68 03'29" East, a distance of feet; thence along a foot radius tangential curve to the left, arc length of feet, central angle of '18", chord distance of feet, and chord bearing of North 01 09'20" East; Pacific Community Design, Inc SW Main Street, Tigard, OR [T] [F] Page 2 of 5

14 thence North 65 44'48" West, a distance of feet to a point on the westerly line of said land described in Document No ; thence along said westerly line, North 02 21'10" East, a distance of 0.48 feet to the Northwest corner of said land described in Document No ; thence along the northerly line of said land described in Document No , South 88 29'20" East, a distance of feet to the Northeast corner of said land described in Document No ; thence along the westerly line of said land described in Document No , North 02 23'09" East, a distance of feet to the Southwest corner of Lot 3, plat of Fishback Acres ; thence along the southerly line of said Lot 3, South 88 36'00" East, a distance of feet to an angle point on the westerly line of said Tract HH ; thence along said westerly line, North 24 07'22" East, a distance of feet to the most northerly corner of said Tract HH ; thence along the easterly line of said Tract HH, along a foot radius non-tangential curve, concave westerly, with a radius point bearing South 36 20'07" West, arc length of feet, central angle of 78 06'59", chord distance of feet, and chord bearing of South 14 36'23" East to a point of tangency; thence along the westerly Right-of-Way line of NW Eleanor Avenue, South 24 27'06" West, a distance of feet to a point of tangential curvature; thence continuing along said westerly Right-of-Way line, along a foot radius tangential curve to the left, arc length of feet, central angle of 45 45'10", chord distance of feet, and chord bearing of South 01 34'32" West to a point of tangency; thence continuing along said westerly Right-of-Way line, South 21 18'03" East, a distance of 5.45 feet to a point of tangential curvature; thence along the easterly line of said Tract NN, along a foot radius tangential curve to the right, arc length of feet, central angle of 89 21'33", chord distance of feet, and chord bearing of South 23 22'43" West to a point of tangency; thence continuing along said easterly line, South 68 03'29" West, a distance of 2.89 feet to an angle point; Pacific Community Design, Inc SW Main Street, Tigard, OR [T] [F] Page 3 of 5

15 thence continuing along said easterly line, South 21 56'31" East, a distance of feet to the POINT OF BEGINNING. Containing acres, more or less. Basis of bearings being plat of Polygon at Bethany Creek Falls No. 3, Washington County Plat Records. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 9, 2002 TRAVIS C. JANSEN RENEWS: 6/30/2017 Pacific Community Design, Inc SW Main Street, Tigard, OR [T] [F] Page 4 of 5

16 N:\proj\ \09 Drawings\06 Survey\Legals\ Annexation Legal.dwg - SHEET: Legal Aug. 2, 16-11:23 AM garrett SW Main St Tigard, OR [T] [F]