boc 07-21-20 6d annex 20-008 exhibits · the property owners initiated a consent petition for this...

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Department of Land Use & Transportation Planning and Development Services • Long Range Planning

155 N. First Ave., Suite 350, MS14, Hillsboro, OR 97124-3072 phone: 503-846-3519 • fax: 503-846-4412

www.co.washington.or.us/lut • [email protected]

Exhibit A

July 6, 2020 To: Board of Commissioners From: Andy Back, Planning and Development Services Manager Subject: MINOR BOUNDARY CHANGE PROPOSAL NOS:

20-007 LRP/BC ANNEXATION INTO CLEAN WATER SERVICES 20-008 LRP/BC ANNEXATION INTO TUALATIN HILLS PARK &

RECREATION DISTRICT 20-009 LRP/BC ANNEXATION INTO TUALATIN VALLEY WATER

DISTRICT

STAFF REPORT

For the July 21, 2020 Board of Commissioners Hearing (The public hearing will begin no sooner than 10 a.m.)

REQUESTED ACTION The applicants request the annexation of three parcels on NW Laidlaw Road and a portion of right-of-way on NW 124th Avenue immediately to the west of these parcels into the following three service districts: Clean Water Services (CWS), Tualatin Hills Park & Recreation District (THPRD) and Tualatin Valley Water District (TVWD). REASON FOR ANNEXATION The applicant is requesting these annexations into three service districts to:

• Connect to sanitary and storm sewer facilities to serve future development; • Allow park and recreation services to serve future development per the Comprehensive

Framework Plan for the Urban Area and the Bonny Slope West Subarea of the Cedar Hills-Cedar Mill Community Plan; and

• Connect to public water facilities to supply future development. PROPERTY INFORMATION Applicants: John Hartwell – Hartwell Homes John Orlando and Renee Orlando – Skykomish Investments, LLC Applicants’ Representatives: Elizabeth Newman and Matt Newman – NW Engineers Property Addresses: 12215 and 12301 NW Laidlaw Road, Portland OR 97229 Map 1N122C00 Lots 1100, 1300 and 1400

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Board of Commissioners Staff Report Proposal Nos. 20-007 to 20-009 LRP/BC

July 6, 2020 of 5

STAFF RECOMMENDATION Based on the analysis and findings in this report, staff recommends the Board APPROVE Minor Boundary Change Nos. 20-007 to 20-009 LRP/BC with the approvals becoming effective immediately. A. BACKGROUND

The property owners initiated a consent petition for this proposal (Case Files 20-007 to 20-009 LRP/BC). The petition meets the requirements for initiation set forth in ORS 198.857 (annexation without election by petition of landowner), ORS 198.750 (contents of petition) and Metro Code 3.09.040 (a) (requirements for petition). The parcels to be annexed are located inside the Urban Growth Boundary (UGB) in urban unincorporated Washington County. The annexations covers three parcels on NW Laidlaw Road and a portion of right-of-way on NW 124th Avenue immediately to the west. The 2019-2020 total assessed value of these parcels is $1,315,860.

B. DISTRICT ENDORSEMENTS CWS supports the proposed annexation to its district. The Board of County Commissioners (Board) will endorse the request as the Board of Directors of CWS as required by statute, through adoption of the Board’s Consent Agenda, prior to the start of the annexation hearing. On December 9, 2013, through Resolution No. 2013-29, THPRD provided a general endorsement for annexations within their ultimate service area. The subject parcels are in THPRD’s ultimate service area. TVWD provided a general endorsement of all annexations in the Area 93 Plan (now known as Bonny Slope West) on December 18, 2013 under Resolution No. 13-13. The subject parcels are in this TVWD service area. C. 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 parcel, in the Public Services Building and in Hillsboro’s Civic Center at least 20 days prior to the hearing; 2) Publishing notice twice in The Oregonian and 3) Mailing notices to all affected local governments, applicable CPO’s and adjacent property owners. At the time of writing this report, no comments were received. D. FINANCIAL IMPACT There are no known financial impacts to the County associated with these minor boundary changes to prevent the Board from approving these annexations.


July 6, 2020 of 5

E. 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. F. FACILITIES AND SERVICES

ORS 195 Agreements: Urban services are defined as: sanitary sewers, storm drainage, water, fire protection, parks, open space, recreation, streets and mass transit. These agreements specify the governmental entity that provides these services. The counties are responsible for facilitating the creation of these agreements. The following identifies how these urban services are provided to the subject properties.

1 Water: The subject parcels will be served by a 16-inch TVWD water line located within

NW Laidlaw Road right-of-way. The applicant is requesting annexation into this service district.

2 Sewer: The subject parcels will access an existing 10-inch CWS sanitary sewer line located at NW Laidlaw Road. The applicant is requesting annexation into this service district.

3 Storm Drainage: CWS has responsibility for surface water management within the UGB. The applicant is requesting annexation into this service district.

4 Parks and Recreation: The subject parcels are located within THPRD’s ultimate service area. The applicant is requesting annexation into this service district.

5 Transportation: The roadways serving the subject parcels are maintained by the County. NW Laidlaw Road is classified in the Transportation System Plan as Collector; NW 124th as Urban Local. NW 124th is also identified as an Urban Roads Maintenance District (URMD) Eligible Road. The subject parcels have a Local Street Connectivity Lands designation in the Cedar Hills-Cedar Mill Community Plan. The parcels are not served directly by transit. TriMet Line #50 (Cedar Mill), loops through the Cedar Mill area to Sunset Transit Center during weekday morning and evening rush hour only. This line has a stop nearest to the subject parcels at the intersection of NW Thompson Road and NW Saltzman Road, approximately 0.5 miles to the south.

6 Fire: Tualatin Valley Fire & Rescue (TVF&R) provides fire and emergency service to the subject parcels. TVF&R Station No. 68 is located at 13545 NW Evergreen Street, approximately one mile from the subject parcels.

7 Police: Washington County provides the subject parcels a general level of police service through the Sheriff’s Office. The Enhanced Sheriff's Patrol District provides an additional level of service to the subject parcels.


July 6, 2020 of 5

FINDING: Staff finds that this request complies with the Facilities and Services requirements of ORS 195 as described above and recommends approval of the annexation of the subject parcels.

G. APPROVAL CRITERIA

1. OREGON STATE LAW 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.”

2. METRO CODE A second set of criteria can be found in the Metro Code. To approve a boundary change, the Board of Commissioners as the reviewing authority, must apply the criteria and consider the factors set forth in the Code. To approve a boundary change the County must:

(1) Find that the change is consistent with expressly applicable provisions in:

(A) Any applicable urban service agreement adopted pursuant to ORS 195.205; (B) Any applicable annexation plan adopted pursuant to ORS 195.205; (C) Any applicable cooperative planning agreement adopted pursuant to ORS

195.020 (2) between the affected entity and a necessary party; (D) Any applicable public facility plan adopted pursuant to a statewide planning

goal on public facilities and services; (E) Any applicable comprehensive plan; and (F) Any applicable concept plan.

(2) Consider whether the boundary change would:

(A) Promote the timely, orderly and economic provision of public facilities and services;

(B) Affect the quality and quantity of urban services; and (C) Eliminate or avoid unnecessary duplication of facilities and services.

FINDING: The subject parcels are not subject to an urban service agreement, annexation plan or cooperative planning agreement. The parcels are subject to the Bonny Slope West Infrastructure Funding Plan (adopted by the County on Oct. 26, 2015), which addresses site development on NW Laidlaw Road, sewer and water requirements and payment of applicable system development charges. The parcels are also included in the Bonny Slope West Subarea of the Cedar Hills-Cedar Mill Community Plan. Staff finds the proposed annexations will not result in unnecessary duplication of facilities and services since these service districts are the sole providers for this portion of urban unincorporated Washington County for the specific type of service. These annexations will promote timely, orderly and economic provision of public facilities and services to this area.


July 6, 2020 of 5

H. COMPREHENSIVE PLANNING

1. REGIONAL PLANNING Metro’s 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 197.015 and cooperative agreements and urban service agreements adopted pursuant to ORS 195." ORS 197.015 states, “Metro regional framework plan means the regional framework plan required by the 1992 Metro Charter or its separate components.”

FINDING: Based on the review of the Regional Framework Plan, the Urban Growth Management Functional Plan and the Regional Transportation Plan there are no applicable standards or criteria for boundary changes. Therefore, staff finds this request complies with regional criteria for these annexations.

2. COUNTY PLANNING

Comprehensive Framework Plan for the Urban Area The County’s Comprehensive Framework Plan for the Urban Area contains Policy 15, which is relevant to the annexation. Implementation Strategy h of Policy 15 states: 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 195.020 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.

FINDING: The subject parcels are not covered by an urban service agreement or cooperative planning agreement. The County’s Comprehensive Plan contains no policies relating directly to the annexation of land into these three service districts. Staff finds the requests to annex the subject parcels into CWS, THPRD and TVWD are consistent with the County’s Comprehensive Plan. Therefore, the County supports these annexations. S:\PLNG\WPSHARE\Minor Boundary Changes\CASEFILES\2020\20-007 to 20-009 Laidlaw\Master Folder\Staff Report\20-007_20-008_20-009 Staff Report Multiple Applications.docx

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Text

20-008

The information on this map was derived from severaldatabases and care was taken in its creation.

Washington County cannot accept any responsibilityfor errors, omissions, or positional accuracy. There areno warranties for this product. However, notification

of any errors will be appreciated.

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Exhibit B

Date: 6/23/2020

1:4,800

PropertyLocation

Annexation intoTualatin HillsPark & RecreationDistrict(THPRD)

WASHINGTONCO.

Washington County - Minor Boundary Change

Subject Property/Right-Of-Way

Current THPRD

Other Tax Lot

County Line / UrbanGrowth Boundary(UGB)

WASHI NGTONCO.

MULTNOMAHCO.

Urban Growth Boundary (UGB)

Urban G

rowth B

oundary (U

GB)

124 A

ve

A tract of land located in the South one-half of Section 22, Township 1 North, Range 1 West, of the Willamette Meridian, Washington County, Oregon, being more particularly described as follows:

Beginning at the West one-quarter corner of said Section 22, said point also being on the East line of the boundary of Tualatin Valley Water District;

1. Thence, North 89° 22’ 00” East along the quarter section line of said Section 22,165.13-feet to the Westerly right-of-way line of NW 124th Avenue, and the TRUEPOINT OF BEGINNING;

2. Thence South 00° 53’ 38” East along the Westerly right-of-way line of NW 124th

Avenue, 310.05-feet, more or less, to the Northern right-of-way line of NWLaidlaw Road;

3. Thence North 82° 21’ 47” East along the Northerly right-of-way line of said NWLaidlaw Road, 158.93-feet, more or less, to the beginning point of a 216.0-footradius curve to the right;

4. Thence Easterly along the arc of said 216.0-foot radius curve to the right, 136.09-feet (central angle 36° 06’ 00”, chord bearing South 79° 35’ 13” East, chorddistance 133.85-feet) to the tangent point;

5. Thence continuing along the Northerly right-of-way line of said NW Laidlaw RoadSouth 61° 32’ 13” East, 175.34-feet to a point;

6. Thence leaving said Northerly right-of-way line of NW Laidlaw Road North 10°00’50” East, 11.98-feet;

7. Thence North 34° 37’ 28” East, 20.32-feet;

8. Thence North 70°56’ 36” East, 16.28-feet;






Exhibit C20-008 LRP/BC Page 2 of 4





18. Thence South 73° 19’ 27” East, 41.75-feet;










28. Thence North 53° 43’ 17” East, 12.45-feet to a point on the Easterly line of Lot21, BONNY SLOPE, a duly recorded subdivision in Washington County that isSouth 00° 20’ 25” East of the Northeast corner of said Lot 21;

29. Thence North 00° 20’ 25” West along the East line of said Lot 21, 17.02-feet tothe Northeast corner thereof and a point on said quarter section line of Section22;

30. Thence South 89° 22’ 00” West along said quarter section line and the Northerlyline of Lots 21 and 20, of said BONNY SLOPE, 795.34-feet, more or less, to theNorthwest corner of said Lot 20, which is also the Northeast corner of Lot 19 ofsaid BONNY SLOPE;


31. Thence North 01° 50’ 22” West, 180-feet to the Northeast corner of that tract ofland described as Parcel 1 in Instrument No. 2018-004649, Washington CountyDeed Records;

32. Thence South 88° 54’ 01” West along the Northerly line of said Parcel 1, 369.51-feet to the Easterly right-of-way line of NW 124th Avenue;

33. Thence South 00° 53’ 38” East along the Easterly right-of-way line of NW 124th

Avenue, 176.96-feet, more or less, to the aforementioned quarter section line;

34. Thence South 89° 22’ 00” West along said quarter section line, 50.00-feet, moreor less, to the TRUE POINT OF BEGINNING.

Containing 403,504 square feet (9.26 Acres), more or less


boc 07-21-20 6d annex 20-008 exhibits · the property owners initiated a consent petition for this...

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