DATE: December 19, 2007
TO: Mayor Tom Potter and Portland City Council
FROM: Gil Kelley, AICP, Director
RE: ORDINANCE TITLE: * Case number WD-1-07, affecting property south of SW Garden Home road and west of SW Oleson Road, approve recommendation declaring five properties and certain half right-of-way withdrawn from the City of Portland and setting the effective date of withdrawal as February 14, 2008. (Ordinance)
1. INTENDED THURSDAY FILING DATE: December 19, 2007
2. REQUESTED COUNCIL AGENDA DATE: January 2, 2008 (PUBLIC HEARING)
3. CONTACT NAME & NUMBER: Brian Sheehan, West District Planner, 503-823-3111
4. PLACE ON: __[ ]__CONSENT _[X]___ REGULAR
5. BUDGET IMPACT STATEMENT ATTACHED: ____Y ____N __[X]_N/A
(OMF confirmed statement of financial impact provided below).
6. (3) 0RIGINAL COPIES OF CONTRACTS APPROVED AS TO FORM BY CITY ATTORNEY
ATTACHED: ____Y ____N __[X]__N/A
7. BACKGROUND/ANALYSIS
On December 5, 2007, Portland City Council adopted an ordinance to complete the withdrawal of territory from the City of Portland for the purpose of annexation to the City of Beaverton. The effective date for the withdrawal of territory is set as February 14, 2008.
The City is going through this withdrawal process to meet conditions of Metro Ordinance No. 97-665C. In 1996, Metro established an Urban Services Boundary between the cities of Portland and Beaverton and authorized annexation of six City of Portland properties in the Garden Home area to the City of Beaverton. Metro’s ordinance settled a long-standing dispute on the location of the Urban Service Boundary on Portland’s west side. In enacting Ordinance No. 97-665C, Metro worked with the City of Portland, City of Beaverton, Washington County, and relevant service providers.
ORS 222.460 provides a process for withdrawal of territory from a city. Between March 27 and June 4, 2007, property owners or their representatives for five of the six properties filed annexation petitions with the City of Beaverton. The following territory is to be withdrawn (see Attachment A for County Assessors Maps):
Five Properties to be Withdrawn from the City of Portland |
Site Address | Tax Lot ID | Acres | Use | Zoning |
7670 S.W. Garden Home Road | 1S124CD 00400 | 3.13 | 54 Unit Multi-Family | R2 |
7525 S.W. Oleson Road | 1S124CD 00100 | 0.37 | Gas Station | CG |
7595 S.W. Oleson Road | 1S124CD 00301 | 0.35 | Convenience Store | CG |
None | 1S124CD 00300 | 0.44 | Vacant | CG |
7645 S.W. Oleson Road | 1S124CD 00402 | 0.16 | Multi-Family | R2 |
TOTALS | 4.45 |
Upon filing of the annexation petitions, property owners consented to withdrawal from the City of Portland for the purpose of annexation to the City of Beaverton and certain special service provider districts serving Washington County, including Clean Water Services, Tualatin Valley Water District, Tualatin Valley Fire and Rescue District, and Tualatin Hills Park and Recreation District. The City of Beaverton has since submitted a request to the City of Portland to initiate withdrawal of five properties that lie south of SW Garden Home Road and west of SW Oleson Road. See Attachment B for a vicinity map of the properties and affected area.
City of Portland and City of Beaverton planners have established the following workplan for completion of this process pursuant to ORS 222.460, in compliance with Metro Ordinance No. 97-665C. The highlighted box notes the current step.
City of Beaverton | City of Portland | Special Districts | Washington County |
Submits petitions, legal description and tax map to Portland | |||
Confirms date for Council hearing on triple majority annexation | |||
Mails notice of Council public hearing at least 45 days in advance | City Council adopts resolution initiating process. Nov. 14-Done | TVF&R endorsement | |
City publishes and posts hearing notices. Nov. 15 -Done | TVWD endorsement | ||
Submits special districts annexations applications to County for consent annexations | City Council holds first hearing and issues order of intention to proceed with withdrawal. Dec. 5, 2007. Dec. 5-Done | THPRD endorsement | Verifies annexation applications complete |
Council conducts public hearing on triple majority annexation (ORS 222.170) and has first reading of annexation ordinance. Council also endorses special districts annexations. | Beaverton City Council holds hearing on special district annexations. Effective date of order delayed to effective date of proposed Portland ordinance. | ||
Council schedules second reading of ordinance and adoption. Effective date of order delayed to effective date of Portland ordinance. | City Council holds final hearing on withdrawal between 20 and 50 days of completion of first hearing. Adopts ordinance declaring that the property is detached from the city. Jan. 2, 2008 | ||
Annexation effective Feb. 14, 2008 | Withdrawal effective Feb. 14, 2008 | Annexations effective (TVF&R, TVWD, THPRD, CWS) |
On August 24, 2007, the Oregon Department of Revenue (ODR) concluded a preliminary review of the map and description for the City of Beaverton’s planned annexation. The ODR determined that the annexation will meet their requirements. On November 14, 2007, City Council adopted a resolution initiating the withdrawal process for five properties, per the requirements of ORS 222.460. On December 5, City Council adopted an ordinance favoring the withdrawal, establishing the legal boundaries for the property to be withdrawn and set a final hearing on the withdrawal for January 2, 2008. Adoption of the January 2, 2008 withdrawal ordinance will be City Council’s final action and have the effect of removing territory from the City of Portland and will complete Portland’s work tasks outlined in the above-captioned schedule. Subsequent actions by the City of Beaverton will enable a seamless withdrawal and annexation process.
8. FINANCIAL IMPACT
OMF has determined that a small revenue loss will result from the withdrawal. Removal of five properties from City of Portland will affect tax rolls. However, the City will no longer be under obligation to provide services. OMF has concluded accordingly that there will be no reduction in budgets.
9. RECOMMENDATION/ACTION REQUESTED
Adopt an ordinance declaring the property detached from the city effective February 14, 2008.