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Ordinance No. 6363

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Ordinance No. 6363 ORDINANCE NO. 6363 AN-007-20 PGE AN ORDINANCE ANNEXING A CERTAIN TRACT OF LAND INTO THE CITY LIMITS OF HILLSBORO AND THE CLEAN WATER SERVICES DISTRICT AND WITHDRAWING THE TRACT FROM THE TUALATIN VALLEY FIRE AND RESCUE SERVICE DISTRICT, AND DECLARING AN EMERGENCY. WHEREAS, the City received a complete petition form from the owner of a certain tract of land, described in Exhibit A and further referenced on the Washington County Assessor’s Maps in Exhibit B attached to this Ordinance, requesting that the property be annexed into the City limits of Hillsboro; and WHEREAS, the petition represented 100 percent of the owners of the properties proposed for annexation, as required by Oregon Revised Statutes (ORS) 222.125 for consent to an annexation; and WHEREAS, the tract of land can be served by City services; and WHEREAS, as permitted by ORS 222.120(2) and Metro Code Section 3.09.045(A) the City Council dispenses with submitting the question of the proposed annexation to the electors of the City for their approval or rejection; and WHEREAS, the tract of land is located in the North Hillsboro Community Plan area which is eligible for annexation into the City of Hillsboro under Metro Code Sections 3.09.070 and 3.09.090. In addition, Metro Code Title 11 Section 3.07.110.C (Planning for Areas Designated Urban Reserves) contemplates cities as the preferred provider of urban services; and WHEREAS, the tract of land is within Tualatin Valley Fire and Rescue (TVF&R) Service District; and WHEREAS, notice of the proposed annexation and withdrawal from districts has been published, mailed and posted in the manner provided by law; and WHEREAS, the City Council conducted a public hearing on this matter on December 15, 2020 and does hereby favor the annexation of the subject tract of land and withdrawal from the TVF&R Service District based on the findings attached hereto as Exhibit C and Washington County Assessor’s Tax Map as Exhibit B; and WHEREAS, the annexation and withdrawal is not contested by any necessary party. NOW, THEREFORE, THE CITY OF HILLSBORO ORDAINS AS FOLLOWS: Section 1. The tract of land described in Exhibit A is declared to be annexed to the City of Hillsboro, Oregon, and Clean Water Services District. Page 1 of 2 Section 2. The tract of land annexed by this ordinance and described in Section 1 is withdrawn from TVF&R Service District. The City Council further supports the future annexation into any special districts necessary for the provision of urban services to the property. Section 3. The findings attached as Exhibit C are adopted. The City Recorder shall mail or deliver a copy of this Ordinance to Metro and all necessary parties within 10 days following the decision as required by Metro Code Chapter 3.09.030(E) and ORS 222.005. The annexation and withdrawal shall become effective upon filing of the annexation records with the Secretary of State as provided by ORS 222.180. Section 4. An emergency is declared. This Ordinance shall be effective immediately upon its passage and approval by the Mayor from the annexation date of filing with the Secretary of State, whichever is later. First approval of the Council on the 15th day of December, 2020. Approved by the Mayor this 15th day of December, 2020. _______________________________________ Steve Callaway, Mayor ATTEST: ______________________________ Amber Ames, City Recorder Page 2 of 2 Exhibit A Annexation AN-007-20: PGE Proposed Legal Description RG – September 1, 2020 Revised 10/26/20 That Tract conveyed to Portland General Electric Company, an Oregon Corporation, as described in Statutory Warranty Deed recorded as 2018-47331, being portion of Lots 5,6,7 and 8 of Five Oaks, a duly recorded subdivision plat in the records of Washington County, Oregon, located in the northwest one- quarter of Section 21, Township 1 north, range 2 west of the Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Beginning at the southwest corner of said Portland General Electric (PGE) Tract also being the northwest corner of annexation number AN-003-20; thence along the west line of said PGE Tract North 2°04’24” East, 1030.08 feet to the northwest corner of said PGE Tract; thence along the north line of said PGE Tract, South 87°02’37” East, 1882.44 feet to the northeast corner of said PGE Tract; thence along the most easterly east line South 2°27’17” West, 634.95 feet to the most easterly southeast corner of said PGE Tract; thence along the most northerly south line North 87°07’49” West, 568.58 feet to the most northerly southeast corner of said PGE Tract; thence along the most westerly east line of said Tract South 2°15’01” West, 382.71 feet to the most southerly southeast corner of said PGE Tract, also being the north line of annexation number AN-003-20; thence along the line common to said Tract and said annexation, North 87°32’49” West, 1308.32 feet to the point of beginning, Basis of bearings is Washington County survey number 33794. Exhibit C Findings of Fact Case File No. AN-007-20 PGE I. BACKGROUND INFORMATION AND SITE DESCRIPTION The property under consideration is located generally north of NE Evergreen Road, south of NW Meek Road, east of NE Sewell Avenue, and west of NE Constable Street (see Proposed Zoning Map attachment). The property is specifically identified as Tax Lot 1501 on Washington County Assessor’s Tax Map 1N2-21. The property is approximately 38.49 acres in area and is currently zoned Washington County FD-20 Future Development – 20 Acres. The sites are currently served by the Tualatin Valley Fire and Rescue (TVF&R) Service District, and the site would be withdrawn from this district upon annexation to the City of Hillsboro. The subject properties will also be annexed into the Clean Water Services (CWS) District. II. PROCEDURAL REQUIREMENTS The Annexation application was processed as a Type III application. In accordance with Oregon Revised Statutes (ORS) 222.125 the petition for annexation from the property owners constituted 100 percent of the property owners and at least 50 percent of the registered voters residing on the property. Notice of the proposed annexation was given as specified by Metro Code Chapter 3.09.030 and ORS 222.120. A staff report was prepared and available 15 days prior to the hearing as stipulated by Metro Code Chapter 3.09.050. A public hearing on the matter was conducted by the Council on December 15, 2020. III. APPLICABLE APPROVAL CRITERIA Community Development Code (CDC) Section 12.80.010.E contains three City approval criteria for a proposed Annexation: 1. These criteria are set forth in Metro Code 3.09. 2. In the South Hillsboro Plan District, that the annexation is consistent with the requirements of an applicable annexation agreement. 3. The annexation is in the City’s best interest. With regard to City approval criterion #1, Metro Code Section 3.09 requires the reviewing entity to apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The criteria within these subsections, and the Findings with regard to these Metro approval criteria, are as follows: Page 1 of 5 Exhibit C Subsection (D) of Metro Code Section 3.09.045: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; 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; Finding: Metro Code Title 11 Section 3.07.110.C (Planning for Areas Designated Urban Reserves) contemplates cities as the preferred provider of urban services. This annexation is consistent with Metro Code because urban services can be provided to this site by the City. The area being annexed is within an unincorporated area designated as “urban” by the Washington County Comprehensive Plan. Annexation of the subject property would transition services from County to City as specified in Section V (Urban Service Providers), subsections A and B, as well as Exhibits A through G of the Agreement. These Metro criteria are met. The current Hillsboro Urban Service Provider Agreement, dated April 2, 2003, does not include areas within the urban growth boundary (UGB) that were added to the UGB after 2002. Specifically, these areas include the Evergreen and Helvetia industrial lands and the South Hillsboro residential and mixed-use lands, which are nonetheless eligible for annexation into the City of Hillsboro under Metro Code Sections 3.09.070 and 3.09.090. In addition, Metro Code Title 11 Section 3.07.110.C (Planning for Areas Designated Urban Reserves) contemplates cities as the preferred provider of urban services. Therefore, this annexation is consistent with Metro Code because future urbanization will occur within the City and urban services can be provided to this site by the City. This criterion is met. e. Any applicable comprehensive plan; f. Any applicable concept plan; and Finding: The subject property is covered under the City Comprehensive Plan and is located within the North Hillsboro Community Plan Area. The proposed annexation is consistent with the following Comprehensive Plan policies and implementation measures: Page 2 of 5 Exhibit C POLICY D 3.1 Innovative site design. Advance innovative employment area site and building design, such as general orientation of development towards street frontages and appropriate setbacks and screening.
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