The URL can be used to link to this page

ZCA1999-00003 . ~ *Agenda Item No. y~ ( Meeting of I ~Ct, .Qcj . TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 • STUDY SESSION > Meeting was called to order at 6:33 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla. > Staff Present: Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; Planning Manager Dick Bewersdorff; Long Range Planning Manager Nadine Smith; Legal Counsel Tim Ramis; Community Development Director Jim Hendryx; City Engineer Gus Duenas; Finance Director Craig Prosser; Associate Plariner Duane Roberts ' > AGENDA REVIEW . Gus Duenas, City Engineer, asked to discuss two non-agenda items: the pavement overlay bid acceptance and the purchase of right of way for the Beveland Street extension. He commented that the City estimate on the overlay bid was apparently high. He confirmed to Councilor Scheckla that Eagle Elsner has worked for the City before. He explained to the Council that the property owner agreed to the appraised value of $72,000 plus $5,000 for improvements as the purchase price of the right of way. . . Councilor Hunt asked if staff came to an agreement with Mike Hammond. Mr. Duenas explained tliat the problem with the Hammond property lay in the City's inability to get a reconveyance of the mortgage from the private loan holder. The Council discussed the . situation. Mayor Nicoli suggested discussing a friendly condemnation with Mr. Hammond, including an offer to pay attorney's fees. Mr. Duenas pointed out that the issue was ensuring that the City had clear title to the property.. He agreed that condemnation was the only option and he would discuss it with Mr. Hammond. . Councilor Scheckla asked for an update on the Sorg property. Mr. Duenas conf rmed that stafC gave the Sorgs the same offer as Mr. Hammond. - . Councilor Scheckla asked for an update on the Walnut/Tiedeman project. Mr. Duenas reported that the streets"would be open for Labor Day. He confirmed that the contractor would restore the roads through the winter and install the new road and signal light next year. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:42 p.m. under the provisions of ORS 192.660 (1) (d), (e), &(h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned to Study Session at 7:02 p.m. > TRAINING: PUBLIC TRANSPORTATION - CITY ATTORNEY TO ADVISI?, OT' PROCESS/CONTRACTS FOR A LOCAL TRANSPORTATION OP'I lON Tim Ramis, City Attorney, discussed the Transportation Managemenl Association (TMA) CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 1 'r program referenced by Bob Stacy of Tri-Met when he met with the Council. He explained that . the money available from Tri-Met for developing programs to fill in some of the gaps in transportation service came from this program. He mentioned his work in helping to set up the Columbia Corridor Association, a TMA in East Multnomah County. He explained that, like Washington County, East Multnomah County exported their trar.sportation ta}c dollars and received little transportation service iri return. . Mr. Ramis explained that Tri-Met responded to three years of tough criticism on its failure to provide bus service in the less urbanized areas by developing an outreach program called "Transit Choices for Livability." He mentioned the DEQ mandate to employers to provide alternate methods of transportation for its employees and the employers' realization that there was no transit service available for them to encourage their employees to use. He said that the concept of transportation management associations came out of the conversations held by Tri- Met with the region. . Mr. Ramis said that the typical model of a TMA was a non-profit organization of businesses (and/or local governments) assessing themselves the money needed to provide van pool service or other kinds of transit service in order to fill in the,gaps left by Tri-Met. He stated that Metro approved the concept and allocated $1 million through the JPAC process for TMA pilot programs over the next four years. Mr. Ramis described the logistics of a TMA. He said that the TMA contracted with Tri-Met for funding to provide the service (according to a formula), and then contracted with a private carrier to provide the service. He commented that Tri-Met negotiated with its union employees to allow the TMAs to function without union contracts which reduced the costs of the TMA service. Mr. Ramis discussed the key financial issues of a TMA: where did the start-up money come from, and where did the operating money come from? He mentioned the statistics provided by Metro which indicated that 40% to 50% of the funding for TMAs across the country came from private sources, such as local businesses, and the remainder from grants. He said that Tri-Met proposed providing $35,000 initially to study the feasibility of a TMA in a particular area with a declining subsidy over the next three years. He noted that the intent was for the TMA to have sufficient support in the fourth year to keep ruruiing without the Tri-Met subsidy. Mayor Nicoli pointed out that Tri-Met was heavily funded by the federal government with only 20% of their costs covered by the farebox. He questioned whether or nota service could be self- sufficient by the fourth year. Mr. Ramis commented that the question was one of goals. One goal might be to get a line up and running in four years with sufficient ridership to convince Tri-Met that it should put a regular bus line in that location. Another goal might be to create a system that funded itself in the long run. Councilor Scheckla disagreed with doing Tri-Met's work for them in identifying good locations for new lines. Mr. Ramis mentioned that the TMA program did not address a fundamental question raised by many people that'an area of new employment and new demand should receive a bigger piece of the Tri-met pie. Mayor Nicoli commented that he could support trying a pilot program for four yeais and seeing what happened. He stated that he did not support a program in which Tri-Met tried lo elltice cities to start up pilot projects and then expected cities to provide long-tern-i funding. He CITY COLJNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 2 ~ • mentioned that the local jurisdictions that have pulled out of Tri-Met, such as Molalla and Wilsonville, put together transit systems using corporate dollars and federal funding. ~ Mayor Nicoli noted that Wilsonville received even more from its corporations for its local program than the Tri-Met payroll tax assessed. Mr. Ramis commented that sometimes the dynamics worked that way. He mentioned that Molalla convinced its area employers that the dollars they were spending for the Tri-Met payroll tax could go farther if they had their own system. Mayor Nicoli commented that Wilsonville's strategy of moving immediately into a permanent program wholly funded by businesses (once it pulled out from Tri-Met) was not likely to work in Tigard. Mr. Ramis pointed out that the TMA program was not a withdrawal from the Tri-Met district but rather the creation of an opportunity to put together an alternative. Mr. Ramis read the four criteria which Tri-Met would use this September in screening TMA proposals by local governments, including area benefit, community support, an anchor patron for long-term funding, and reducing vehicle miles traveled. He commented that he did not think that Tri-Met was establishing a program to entice people in, rather they were allowing the opportunity to try TMAs as one piece of a solution to transit problems. Councilor Scheckla.asked how much Tigard's share would be. Mr. Ramis said that he has not done any estimate work. He explained that Tri-Met would fund the first three years at a declining rate of 90%, 67%, and 43% respectively. The programs were on their own in the fourth year. Councilor Hunt stated that he did not want to see staff spending their time on this project. Mayor Nicoli pointed out that Tigard was at a disadvantage in this program because it was a city of small businesses without the large corporations located in Wilsonville, Hillsboro or Beaverton. Mr. Ramis agreed that Tigard had a different dynamic. He indicated that the system presupposed a mass of employers willing to put up the money. He suggested that the Council interview the managers of the Lloyd Center TMA and the Tualatin TMA who had experience in establishing a TMA. > DISCUSSION: WALNUT ISLAND ANNEXATION UPDATE Nadine Smith, Long Range Planner, reported on the staff work on the Walnut Island annexation done in response to Council's directive last spring. She mentioned their bi-monthly meetings with Washington County to gather information on costs, funding, and benefits. She described the public involvement program staff developed, including an informational packet for residents, two workshops at Fowler Middle School in October, and a survey. She remarked that representatives from USA and the County Health Department would attend the workshops • to discuss the impacts of septic systems. She indicated the public hearing scheduled for the end of the year. Councilor Hunt discussed his concern that the City not give the Walnut Island residents financial breaks that it did not give to the current Tigard residents. He said that, while he was not interested in "buying" the Walnut Island, he was not opposed to paying something lo bring the area into the City. He asked staff to inform the Council f rst of what they iritended to tell the residents. . Ms. Smith stated that they saw the major cost as the public sewer. USA deternlined thlt the Walnut Island was one of the largest unserved areas within their jurisdiclion. She said tllat any CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 3 • ~ benefit program staff devised for the Walnut Island would probably be based on USA's interest in finding ways to serve this large unserved area and on USA giving the residents a break. Liz Newton, Assistant to the City Manager, mentioned that the City and the County were working on an agreement on the level of improvements and funding the County would put into improving the County streets to City standards. . Councilor Hunt commented that he liked Ms. Smith's approach on the public involvement in provicting answers in advance to the questions of interest to the residents, such as "How much is . this going to cost me and what am I going to get out of it?" He mentioned the City's failure to provide those answers. during the last attempt to annex the Walnut Island. Ms. Smith said that she would provide the Council with copies of the report developed by staff that lists detailed cost information. Ms. Smith asked the Council if it wanted to send a representative to the public workshops. Councilor Hunt supported a Councilor attending the meeting but the staff.giving the presentation and answering the questions. Counci_lor Scheckla spoke in support of Councilor Hunt's concern that the City take care of its own residents. Jim Hendryx, Community Development Director, stated that staff would inform the residents that programs were available but they would not commit to LID funding or front funding the money. He suggested that staff give the Council an overview of the public workshop presentation at the Council September workshop. The Council agreed. > OTHER ITEMS . Councilor Hunt asked to discuss whether or not the City should provide some money to the school district for the high school band program (slated for budget cuts). He indicated that he would rather see the money that the Council was putting into recreation go to education instead. Councilor Scheckla commented that the report on the news tonight sounded as if they were resolving the problem. Mayor Nicoli proposed that the City quietly look into the matter. He observed that, in the past, when the school district has decided to cut the performing arts at the high school, it directed the participants to the City for funding. He spoke to breaking that trend. . Mayor Nicoli advised the Council of a new issue potentially affecting the City's Urban Growth Boundary (UGB). He said that the new Community Planning Organization (CPO) formed in the area outside the King City UGB and the Tigard UGB has proposed its inclusion within the UGB because it was an urbanized area. He stated that Metro agreed with the CPO's requests but has been turned down by King City to expand its UGB to include this area. He indicated that Metro was likely to ask Tigard to expand its boundary. Councilor Scheckla asked what the City got for expanding its boundary. In response, Mayor Nicoli said that the City would receive the additional tax revenue from an urbanized area. > Mayor Nicoli adjourned the study session at 7:34 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:35 p.m. CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 4 . ~ ~ 1.2 Roll Call Mayor Nicoli, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla were present. 1.4 Council Communications Councilor Hunt asked why the Mayor mentioned the Local Contract Review Board in his Call to Order. Mayor Nicoli commented that technically the Council and the Contract Review Board were two separate boards. Mr. Ramis confirmed that the Council appointed itself as the Contract Review Board (as allowed under state law) and made separate decisions as that entity. 1.5 . Call to Council and Staff for Non-Agenda Items Mayor Nicoli noted that they would take up two non-agenda items immediately following the consent agenda. 2. VISITOR'S AGENDA. Renita Gerard, Community Partners for Affordable Housing Ms. Gerard spoke in support of the park proposed on Milton Court. She discussed the importance of a play area for the children and adults in the nearby low-income housing. She said that crime in this area would not intensify due to the park. She pointed out that a park would provide constructive activities for the kids and help lead them away from crime. Councilor Hunt asked what the status was of the Hall Blvd project. Ms. Gerard stated that they received a letter indicating that they would probably not be granted their use authorization request. She commented that she did not understand the apparent concern that allowing one HUD 202 opened the door to other HUD 202s, since getting just one of the $3.5 million HUD 202s would be a major feat. She pointed out that the senior housing built with the HUD 202 money would help the City meet both its density requirements and its affordable housing ' requirements while not increasing traffic on Hall Blvd. . Gretchen Buehner, 13045 SW Jacob Court - Ms. Buehner asked if the intergovernmental agreement with the City of King City (Item 3.3) related solely to the incorporated area of King City, leaving the areas within the UGB but. outside the city-to go to Hillsboro. Mayor Nicoli said yes. .,Bev Froude, 12200 SW Bull Mountain Road Ms. Froude asked the Council to explain the arulexation process during the public hearings for the benefit of the audience. 3. CONSENT AGENDA • Councilor Hunt asked to pull Item 3.2 Motion by Councilor Scheckla, seconded by Councilor Patton, to approve the Consenl Agenda, removing Item 3.2. CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 5 . ~ ~ Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-5] 3.1 Approve Council Minutes of: July 13, 1999 3.2 Consider Wilsonville Request to Withdraw from the Metropolitan Area Communications Commission - Resolution No. 99- (see discussion below) 3.3 Approve Intergovernmental Agreement with City of King City Wherein Tigard Shall Issue Permits, Perform Building; Mechanical, Plumbing and Electrical Plan Review and Inspections for King City _ 3.4 Local Contract Review Board a. Approve the Amended Scope of Services Contract with Murray Smith and . Associates for the Willamette River Water Supply System b. Award Contract for Raw Water Monitoring of the Willamette River in Wilsonville to Montgomery Watson c. Award Contract for SW Bonita Road and I-5 Water Main Casing Modifications to DaNeal Construction, Inc. d. Award Contract for Water Distribution System Hydraulic Study to Murray Smith and Associates . Consent Agenda - Items Removed for Separate Discussion 3.2 Consider Wilsonville Request to Withdraw from the Metropolitan Area Communications Commission - Resolution No. 99-61 Councilor Hunt mentioned Councilor Scheckla's concern about Wilsonville contracting for TVCA's services after withdrawing from MACC. He said that he did not believe that Councilor Scheckla's questions were adequately answered. He indicated that he did not support allowing Wilsonville to continue to use TVCA if it withdrew from MACC. Councilor Scheckla reported that the new TVCA Director, Patricia Dare, decided not to negotiate separately with Wilsonville. Councilor Hunt asked how permanent that decision was. Ms. Newton noted that the MACC Board voted not to allow Wilsonville to use TVCA. She conceded that a new Board could change the direction. Councilor Scheckla commented that he doubted that a future director would change the direction. Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Consent Agenda Item ' 3.2, Resolution.99-61. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] > Non-agenda items . Mr. Duenas asked for approval to purchase the right of way needed for the Beveland extension at the negotiated price. Motion by Councilor Patton, seconded by Councilor Sclieckla,.to autliorize tlie Gity , Manager to enter into an agreemen't to purchase the property and to make apayment of $77,000. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, . Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 6 . • ~ . Mr. Duenas reported that the low bid for the pavement overlay district was Eagle Elsner at $195,905,85. He noted the City's engineering estimate was $265,000. He asked for Local Contract Review Board approval to award the bid to Eagle Elsner. Motion by Councilor Hunt, seconded by Councilor Scheckla, to award the contract for tlle overlay district to Eagle Elsner in the amount of $195,905.85. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] " 4. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT APPLICATIONS ' Duane Roberts, Associate Planner, stated that the County was accepting project proposals for CDBG funds for the 2000/03 period. He noted that the County administered these federal funds for programs benefiting low to moderate income people through an Advisory Board (Councilor Scheckla was Tigard's representative). He mentioned several projects Tigard received grants for in the past. He recommended submitting proposals for two eligible projects: sidewalk improvements to Lincoln Avenue and a small park along Milton Court. Mr. Roberts explained that this year the City received CDBG funds to improve one side of Lincoln Avenue. This $125,000 proposal was for.improvements on the other side of Lincoln Avenue to bring the entire street up to City standards. . Mr. Roberts discussed the second proposal to.develop 2.5 acres along Bonita into a small park to serve the loW income housing residents in the area. He noted that the four apartment complexes lacked play.areas and there were no parks or school playgrounds nearby. He mentioned that the $320,000 project included installation of a crosswalk and traffic signal on Bonita to provide safe crossing for pedestrians. Mr. Roberts stated that staff developed a tentative design for the park as a visual presentation aid ' to increase the chances of the Board choosing to fund this proposal. He said that, should they get the funding, staff would go through the nornial park design process involving the neighborhood and the police department. He mentioned that the neighbochoods, Neighborshare, and Community Partners for Affordable Housing were all supportive of the project. Councilor Hunt- asked for clarification on the exact location of the park. Mr. Roberts described its location between Fanno Creek and Milton Court, across the street from the industrial subdivision. He commented that the businesses also supported the park. In response to Councilor Scheckla, Mr. Roberts explained that staff would submit these two proposals as separate applications. Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Resolution 99-62. The City Recorder read the number and.title of the resolution. RESOLUTION NO. 99-62, A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING APPLICATIONS FOR FEDERAL ASSISTANCE FOR CONSTRUCTING A SIDEWALK AND RELATED IMPROVEMENTS ON LINCOLN AVENUE AND A NEIGHBORHOOD PARK ON BONITA ROAD, BOTH LOCATED WITHIN LOW CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 7 ~ • . MODER.ATE 1NCOME AREAS OF THE CITY. An audience member asked for clarification regarding the construction of the Lincoln Avenue improvements. Mr. Roberts said that staff scheduled the bidding for the improvements to the west side of Lincoln Avenue (from Greenburg to Commercial Street) for January with construction in March. The gentleman indicated that no one has talked with the neighbors about this yet. Mr. Roberts said that the Engineering Department would talk to the neighbors around the time they completed the design in January. Mayor Nicoli noted that the gentleman could contact the Engineering staff immediately. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 5. MCI METRO ACCESS TRANSMISSION SERVICES FRANCHISE AGREEMENT Craig Prosser, Finance Officer, indicated that this request to authorize a local telephone access franchise for MCI Metro Transmission Services used the same form as used for the other local access service providers. He noted the provision to pay the City a franchise fee of 5% of the gross revenues collected from withiri the Tigard city limits. Councilor Patton commented that the language in Section 10 contradicted the language in Sections 4 and 6. She pointed out that Section 10 broadly exempted the grantee from any payments to the City (other than the 5% franchise fee) while Sections 4 and 6 required the grantee to pay for certain repairs. Mr. Ramis agreed that the language was ambiguous. He said that they could rewrite the wording to bring out the distinction between the exemption for permit fees and the expectation that the grantee would pay the actual construction costs for replacement of services. Councilor Patton mentioned the provision in Section 11 describing the 180 day waiting period following written notice by either party of termination or renegotation. She asked if that was the , intent of that provision. Mr. Ramis confirmed that that was the intent. Mr. Prosser commented that other jurisdictions used the same provision. Mr. Ramis agreed that many franchise agreements had a long notice period for renegotiation or termination. Mr. Ramis said that staff would rewrite the language and present the ordinance again at the September 14 Council meeting. 6. PUBLIC HEARING - ANNEXATION -"BOYLE" - ZCA 1999-0003 The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 136540 SW Fern Street; WCTM 2S104BD, Tax Lot 02200. APPLICABLE. REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.3390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements a. Mayor Nicoli opened the public hearing. b. Declarations or Cl►allenges There were none. c. Staff/Applicant Report Dick Bewersdorff, Planning Manager, noted that the City allowed this property owner to hook CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 8 • ~ up to sewer during the transition period between the Boundary Commission and Metro taking the sewer. He said that they have now come forward with their request to annex the 1.32 acre property. d. Public Testimony An audience member asked for clarification on what the annexation meant. Mayor Nicoli explained that this property currently lay in unincorporated Washington County, outside the Tigard city limits. He said that the property owner was asking to come into the city in order to receive city services, such as sewer. He stated that tonight the Council's decision was whether or not to let them into the City. He mentioned converting the zoning from County zoning to City zoning. e. Council Questions . Councilor Patton reviewed several changes to the ordinance. She noted a typo in the third whereas. She spoke to adding the wording "Tigard Water District" in the last whereas and in Section 1. She explained that since they separated the Tigard Water District from the applicable service districts in the prior whereas, they had to include it separately wherever else it was mentioned. f. Mayor Nicoli closed the public hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 99-23 Motion by Councilor Patton, seconded by Councilor.Scheckla, to adopt Ordinance No. 99- 23, including the changes made to the third whereas, the last whereas including tlie words Tigard Water District, and also including the words "Tigard Water District" in Section 1. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-23, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE ANNEXATION ZCA 99-0003 "BOYI,E" ANNEXATION, AND WITHDR.AWING PROPERTIES FROM THE APPLICABLE SERVICE DISTRICTS. Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 7. PUBLIC HEARING ANNEXATION -"STEVENS" - ZCA 1999-0004 (LOCATION: 12400 W BULL MOUNTAIN ROAD, EAST OF SW 126T" AVENUE - 2.8 ACI2ES) The applicant has requested to annex 2.8 acres of land adjacent to the Cit~y limits into tlie City of Tigard. LOCATION: 12400 SW Bull Mountain Road, east of 126'' Avenuc; WCTM 2S110BC, Tax Lot 1000. APPLICABLE REVIEW CItITERIA: Coinmunity Development Code Chapters 18.320 and 18.3390; Compreliensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges CITY COLJNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 9 There were none. c. Staff/Applicant Report Mr. Bewersdorff commented that the applicant was considering a subdivisiori at the R-7 density of this 2.8 acre parcel adjacent to Bull Mountain Road, south of the city limits. • ' Mayor Nicoli explained that the request this evening was whether or not the Council accepted this property into the city; it did not involve any developmerit considerations. He noted that, as part of the annexation, state law required conversion of the County zone to the closest compatible City zone. A gentleman asked for clarification on the zoning conversion. Mr. Bewersdorff stated that, because of the City/County agreement, the County R-6 zone was equivalent to the City R-7 zone. The gentleman asked if this annexation impacted the taxes on the property. Staff indicated that the City tax rate was $2.49 per $1,000. However, by annexing into the City, the property owner no longer had to pay the street light district fees or enhanced sheriff's district. Thus the total tax rate increase was approximately $1.25 per $1,000. d. Public Testimony Mayor Nicoli reviewed the land use hearing criteria. . Dale Johnson Mr. Johnson asked if the Council should be aware that this property had a spring on it. Mayor Nicoli said that that information was not needed at this time, although it could be important during development review. Mr. Johnson commented that he now understood better what annexation meant, although he was still not happy about it. C. Council Questions Councilor Patton noted that the same changes to the ordinance that she described for Item 6 applied to this ordinance as well. . f. Mayor Nicoli closed the public hearing g. Staff Recommendation Mr. Bewersdorff recommended approval. h. Council Consideration: Ordinance No. 99-24 Motion by Councilor Patton,, seconded by Councilor Hunt, to adopt Ordinance 99-24 witli tlie changes as specified in the last motion. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-24, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION ZCA 99-0004 "STEVENS" ANNEXATION, AND CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 10 • • WITHDRAWING PROPERTIES FROM THE EIPPLICABLE SERVICE DISTRICTS. . Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 8. INFORMATIONAL PUBLIC HEARING - SANITARY SEWER REIMBURSEMEIVT DISTRICT NO. 15 - TO INSTALL SEWERS BEFORE PROPOSED STREET IMPROVEMENTS TO SW BEVELAND ARE CONSTRUCTED a. Mayor Nicoli opened the public hearing. b. Summation by City Engineering Staff Greg Berry, Engineer, stated that this project, the seventh reimbursement district in the neighborhood sewer extension program, would serve 25 lots in the Beveland/Hermoso Way area. He described the purpose of the project as installing the sewers in the street prior to construction of the street improvements required from the development projects on the surrounding properties. He stated that 18 out of 25 property owners have expressed support for the project. Mr. Berry said that the estimated project cost was $176,000 or $6,700 per lot. He noted the scheduled construction bid opening on August 31 with construction scheduled from September 24 to October 15. • c. Public Testimony . Bob Miller, representing his wife, a property owner on Beveland Mr. Miller stated that he supported the project but did have some concerns. He commented that most of the homeowners in the Tigard Triangle were unaware of the impact to the value of their properties when companies bought up homes and bulldozed them down for development. He cited Eagle Hardware as an example. He noted that Eagle was exempt from participating in this district because any property fronting Hunziker took its sewer from some place else. Mr. Miller held that the loss of the six houses in the neighborhood (bulldozed down by Eagle Hardware) increased the reimbursement district cost by $1,200 per house. He questioned Eagle's exemption from paying the district costs, since the property on which those houses had been located fronted Beveland. He spoke to everyone paying their share of improvements. Mr. Miller reiterated that most homeowners in the Triangle were unaware that they could be stuck footing the bill for sewer while the homes around them were stripped away. He pointed out that all of the homes were on septic, making installation of sewers only a matter of liine. Mr. Miller noted the City requirement that houses converting to businesses make half street improvements. He pointed out that this resulted in a patchwork of residential street and commercial street surfaces on the same road. He suggested requiring a continuous paveme►Zl overlay for an entire city tilock to avoid creating a series of "speed bumps" as cars went down the street. Mr. Miller asked the Council not to slow down the process as many neighbors wanted to see sewer installed as soon as possible. CITY COLTNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 11 • • . Rob Kavisher, representing the owners of the corner property at Beveland and Hermoso Mr. Kavisher said that they supported the installation of the sewer as soon as possible. d. Recommendation by Staff Mr. Berry recommended approval of a resolution establishing Sanitary Sewer Reimbursement District No. 15. e. Council Questions or comments Councilor Hunt asked about the issue raised regarding assessment. Mayor Nicoli pointed out that the City irriposed on Eagle Hardware over $1 million in road and infrashucture improvements on SW 72"d Avenue as conditions of development approval. He said that Mr. Miller's points were well taken but the City has not let Eagle Hardware off the hook. Eagle Hardware was paying dearly for the privilege of building in Tigard. Councilor Scheckla commented that the people might not be aware that they did not have to hook up to the sewer. Mayor Nicoli explained that this was not a mandatory program requiring immediate sewer hook up by the residents. He said that if a resident did not hook up for 15 years, then he/she did not have to pay the district cost to install the piping to bring a stub out to his/her property. He confirmed that they did have to pay the sewer connection fee required of everyone hooking up to sewer in the city. , f Mayor Nicoli closed the public hearing g. Consideration by the Council: Resolution No. 99-63 ' Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution 99-63. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-63, A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT NO. 15. Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 9. COUNCIL LIAISON REPORTS - None 10..NON AGENDA ITEMS - None 11. EXECUTIVE SESSION - Cancelled CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 12 • • 12. ADJOURNMENT: 8:35 p.m. Attest: Catherine Wheatley, City Recorder ~ . . o T igard MayoV11 Date: l I: W DIv\CATHY\CCM\990824. DOC CITY COLJNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 13 ~03 zc~ i ~o- C --t Z 4-35 490 366 , Z 43 us Postal service 5 490 304 ~b Receipt for Certified Mail us Poscai sBNioe Z No Insurance Coverage Provided. R@C@Ipt f01' C@Ptlfl@d M811 2 Do not use for Intemational Mail (See reverse) No Insurance Coverage Provided. 2 TIGARD WATER DISTRICT ~ 2~o -tIVIETRO ntemational Mail See reverse ^ ~ Attn: Norman Penner, Commissioner~ 2~ Attn: Ken Martin ~ ~ 14712 SW Woodhue Street s 600 NE Grand Avenue ~ J Tigard, OR 97224 P Portland, OR 97232-2736 ~ ~ Postag .dS n Postege $ C~ S ~ Ce (i~f ee 6gg` • ~ i ~ ~ ~ Certife ~ O ~ 0 Sp al elivary6 Fe r ~ Sped I% very <rl Rest 've ~ 40 I ~ Retum Re ' ' o Resiri iver~~ ~ Whom & Date Delivered I , ~O I ~ Retum Ra ' t}6 9 C~ I a Relum Receipt Showing to Whom, Whom & Date & ~ a Date, 8 Addressee's Address ~ I a Retum Receipt Showing ro Whom, S I O TOTAL Postage 8 Fees ~ ~ I a Date, 6 Addressee's Address • ~ M Postmark or Date ~ O TOTAL Postage 8 Fees $ CO € z M Postmark'or Date ict: i o € `L J i a. hl LL N U) 0 • d SENDER: I also wish to receive the ■ Complete itemS 1 and/or 2 for additional services. f0110W1f19 SeNICeS (fOt' 8n y■ Complete items 3, 4a, and 4b. d■ Print your name and address on the reverse of this form so that we can return this 2Xtf8 Te8): ~ ~ card to you. 1. ❑ Addressee's Address ~ d■ Attach this form to the front ot the mailpiece, or on the back if space does not 'Z ` permit. 2. ❑ Restricted Delivery d Write "Retum Receipt Requested' on the mailpiece below the article number. N t■ The Retum Receipt will show to whom the article was delivered and the date Consult postmaster for fee. a ~ delivered. 'y 0 3. Article Addressed to: 4a. Article Number ~ V z 4I-7jS I+QO 3to~ ~ a TIGARD WATER DISTRICT 4b. Service Type ~ E ❑ Registered ❑ Certified p~ ~ Attn: Norman Penner, Commissioner 0 Express Mail ❑ msured ~ 14712 SW Woodhue Street ❑ Return Receipt for Merchandise ❑ COD ~ Tigard, OR 97224 ~ , 7. Date etl ry ,o 'o 5 . Received By: (Print Name) 8. Address e's Address (Only if requested Y , and fee is paid) ~ ~ 6. Sig atu Addressee e ~ ~ 0 X PS Form 3811, Dec ber 1994 102595-98•13-0229 Domestic Return Receipt I d SENDER: I also wish to receive the ;o ■ Complete items 1 and/or 2 for additional services. H■ Complete items 3, 4a, and 4b. f0110win9 services (for an d■ Print your name and address on the reverse of this torm so that we can return this extra fee): ~ card to you. ~ Attach this form to the front of the mailpiece, or on the back if space does noi 1. ❑ Addressee'S AddfBSS 9) Write N el ~"Retum Receipt Requested'on the mailpiece below the article number. z• ❑ ReStriCted Delivery L■ The Return Receipt will show to whom the article was delivered and the date COf1SUlt ~ deiivered. postmaster for fee. a • 0 3. Article Addressed to: 4a. Article Number ~ Z y7JS 41 q4 -6 (p`( gx a 4b. Service Type ~ E METRO ~ Attn; Ken Martin , ❑ Regiscered 0 certitiea ~ O Express Mail O Insured ~ cn 600 NE Grand Avenue ❑ Return Receipt for Merchandise ❑ COD ~ Portland, OR 97232-2736 7. Da.of Delivery $ 0/ 1? 0 5. Received By: (Print Name) S. Addressee's Address (Only if requested Y ; and fee is paid) c m 6. Signature: (Addr see orAgent) ~ % T X ^ ~ i PS Form 3811, December 1994 10259e-9e•13-0229 Domestic Return Receipt , RECEIVED PLANNING Metro Region4ervices [~ta Resource Center Creatin livable communities SEP, 0 3 1999 g Receipt ~~eg M724 CITY OF TIGARD 600 NE Grand Ave., Portland, OR 97232-2736 • Phone (503) 797-1742 FAX (503) 797-1909 • www.metro-region.org/dre Received from C-17Y Qr T1 C~~l ~b Date c3 `I!°J S Address )31ZS S1n/ PAl.l. -BLVD - 1 16 A2D CR 97ZZaaiPhone (5b5) 639 -4171 Account . . . Z. .4q1V0(AT100J jPZGS=S3/AIG rEeS 42e.r~~-~4~-EV~~c3rot ~oo. oo_ ;ZC-A t!D,99-0600 ZrA 1990 -oooo Cash 0 Check No. (0 Charge ❑ Subtotal $ 3op, o8 Postage/handling $ - Received by Total $ White: Customer copy Yellow: Accounting copy Plnk: Department copy ~C~ 99072 ORC•mdw , ~ , s~41f . t.~. ~ < hTIGARD CITY COUNCIL~~~ BtISINESS MEETING o#AUGUST~24, l 999 t6:30 PM~ : CITY OF TIGARD TIGARD `CITY HALL' 13125 SW~HALL= BLVD. ,>.TIGARD, ~OREGON 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is availabie, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. , Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in anv order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. Upon request; the City will also endeavor to arrange for the following services: . • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. . Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA COUNCIL AGENDA - AUGUST 24,1999 - PAGE 1 . ' . • • . TIGARD CITY COUNCIL MEETING AUGUST 24, 1999 AGENDA 6:30 PM . • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 8t (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. ➢ Training: Public Transportation - City Attorney to Advise of Process/Contracts for a Local Transportation Operation ➢ Discussion: Walnut Island Annexation Update 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: ]uly 13, 1999 3.2 Consider Wilsonville Request to Withdraw from the Metropolitan Area Communications Commission - Resolution No. 99- 3.3 Approve Intergovernmental Agreement with City of King City Wherein Tigard Shall Issue Permits, PerformBuilding, Mechanical, Plumbing and Electrical Plan Review and Inspections for King City COUNCIL AGENDA - AUGUST 24,1999 - PAGE 2 . . • 3.4 Local Contract Review Board: a. Approve the Amended Scope of Services Contract with Murray Smith and Associates for the Willamette River Water Supply System b. Award Contract for Raw Water Monitoring of the Willamette River in . Wilsonville to Montgomery Watson c. Award Contract for SW Bonita Road and 1-5 Water Main Casing Modifications to DaNeal Construction, Inc. d. Award Contract for Water Distribution System Hydraulic Study to Murray Smith and Associates • Consent Avenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PRO]ECT APPLICATIONS • Community Development Staff • Council Consideration: Resolution No.- 5. MCf METRO ACCESS TRANSMISSION SERVICES FRANCHISE AGREEMENT • Finance Department Staff • Council Consideration: Ordinance No. 99- 6. PUBLIC HEARING - ANNEXATION -"BOYLE" - ZCA 1999-0003 The licant has reyuested to Annex one ~1) parcel consisting of 1.32 acres into the M of Tigard. LOCATION: 13640 W Fern Street; WCTM 2S104BD, Tax Lot 00. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and .18.390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements. a. Open Public Hearing b. Declarations or Challenges c. Staff/Applicant Report: Community Development Department . d. Public Testimony (Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation . h. Council Consideration: Ordinance No. 99- COUNCIL AGENDA - AUGUST 24,1999 - PAGE 3 • • + 7. PIIBLIC HEARING - ANNEXATION -"STEVENS" - ZCA 1999-0004 (LOCATION: 12400 SW BULL MOUNTAIN ROAD, EAST OF SW 126T" AVENUE - 2.8 ACRES) The applicant has requested to annex 2.8 acres of land adjacent to the City limits into the City of Tigard. LOCATION: 12400 SW Bull . Mountain Road east of 1261 Avenue; WCTM 2S 110BC, Tax Lot 1000. APPLICABLE REVIEW CRITkRIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements. a. Open Public Hearing b. Declarations or Challenges c. Staff/Applicant Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. . Council Consideration: Ordinance No. 99- 8. INFORMATIONAL PUBLIC HEARING - SANITARY SEWER REIMBURSEMENT DISTRICT NO. 15 - TO INSTALL SEWERS BEFORE PROPOSED STREET IMPROVEMENTS TO SW BEVELAND ARE CONSTRUCTED a. Open Public Hearing b. Summation by City Engineer Staff c. Public Testimony (Proponents, Opponents) d. Recommendation by Staff e. Council Questions or Comments f. Close Public Hearing g. Consideration by Council: Resolution No. 99- 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council wi(I go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 8t (h) to discuss labor relations,. real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 12. AD]OURNMENT I: WDM\CATHY\CCA\990824P.DOC COUNCIL AGENDA - AUGUST 24,1999 - PAGE 4 • • I'M M E M O N D U M City ~o~f Tigard Co~mrtuni DeveCopmeut S(apingA Bett'er Coinmuuity CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 91223 . Phone (503) 639-4111 Fax (503) 684-1291 T0: Chief of Police, Ci Engineer, Engineering Technician/ urisdictional Coordinator, Water/Accountin anda Bewersdorffl,Building Official, Iibrary Director, GIS Specialist, City Recorder, Operationg tager an S pervisor FROM: Patty lunsfo , anning Secretary DATE: August 26, 1999 SUBJECT: RECENT ANNEXATION & CENSUS INFORMATION City of Tigard Ordinance No. 99-23 (1CA 1999-00003 Boyle Annexation) NOTE FOR FUTURE REFERENCE: Due to the fact that there is no longer a Boundary Commission, the City of Tigard's Ordinance No. will replace the Boundary Commissions Final Order No. • • DATE COUNCIL ADOPTED: AUGUST 24, 1999 • ORDINANLE EFFECTIVE DATE: SEPTEMBER 23' 1999 • TIGARD WATER DISTRICT WITHDRAWAL EFFECTIVE DATE: JULY I, 2000 A Map and legal description of the annexed property is attached. Census information is as follows: . . Ordinance No. 99-23 1CA 1999-00003 (ensus Information I-OWNER(S) NAME & ADDRESS SPECIFIC PARCEL DATA Thomas and Carol Boyle WCTM 2S 1046D, Tax Lot 02200 13640 SW Fern Street I-OCCUPIED (nor verileo Single-Family Residence Tigard, OR 91223 Site Address: 13640 SW Fern Street Est. Population: 2 (not veriTeo (If you would like the info. that is currently unknown, please let Patty Lunsiord know and it will be forwarded to ou when we receive it. Please refer any questions to Julia Powell Hajduk, Associate Planner at x401. Attachments i~ CITY OF TIGARD OREGON August 26, 1999 Thomas and Carol Boyle 13640 SW Fem Street Tigard, OR 97223 Dear Mr. and Mrs. Boyle: Whenever property is annexed into the City, Portland State University requests census information from the newly annexed residents. This information is used to calculate the City's current population. Would you take a few minutes and fill out the enclosed questionnaire? All answers are confidential. When you are finished, please return it to me in the enclosed self addressed, stamped envelope. If you have any questions, please call me at 639-4171, ext. 320. Thank you for your time and welcome to the City of Tigard! ,Sin erely, i . ~ Patty Luns ord . Planning Secretary Enclosures (2) 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . • • ~ CITY OF TIGARD, OREGON ORDINANCE NO. 99- 0 ~ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATIO (ZCA) 99- 00003-BOYLE ANNEXATION AND WITHDRAWING PROPERTY FROM THE APPLICABLE SERVICE DISTRICTS. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Mainteriance Dish-ict, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Conh-ol Dish-ict would, by authorization of ORS 222.120(5) and 222.510 be withdrawn from those districts upon completion of the annexation; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties from a water district annexed into the City, and WHEREAS, the Tigard City Council held a public hearing on August 24, 1999 to consider the annexation of a parcel of land consisting of 1.32 acres and withdrawal of said property from the Tigard Water District and applicable service districts; and WHEREAS, Pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to ORS 222.120 and 222.524, notice was given and the City held a public hearing on, the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District and applicable service districts on August 24, 1999 and . WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the equivalent zoning dishict to the Washington County R-6 is City of Tigard R-7; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and tlie Comprehensive Plan and the annexation substanlially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and deternlined that withdrawal of the annexed properties from the Tigard Water District and applicable service dish-icts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OI+ TIGA1tD ORDAINS AS FOLLOVVS: SECTION 1: The Tigard City Council hereby annexes the parcel described in Exliibit "A" and shown in Exliibit "13" and withdraws said parcel from the Tigard Water District and applicable service districts. ORDINANCG NO. 99-i:\citywide\ord\ZCA99-030rd.doc Pagc 1 of 2 Julia P H 12-Aub-99 1 l:30 AM . i • ~ SECTION 2: Upon annexation, the affected properly shall be designated as follows: Current Comprehensive Plan Designation and Zoning ' Washington County R-6 Equivalent Citv of TiEard Comprehensive Plan Designa6on and Zoning City of Tigard R-7 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. . SECTIbN 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, , Washington County Street Lighting District # 1, Unified Sewer Agency and the Washington County Vector Control District shall be the effective date of this annexation. SECTION.5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July l, 2000. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with die Secretary of State. PASSED: By UnOAM~ vote of 11 Council members present after being read by number and title only, tliis day of 1999. C rme Wheatley, City Record . ~ APPROVED: By Tigard City Counci( thiso2`-~ day of 1999. J icoli, Mayor 611 A A roved as 'to f rm• r ~ vzz ' A~ttorrney . a~l l~4 Date Certified to be a True C opy of Origin n fite ~ ~ -fi By; ~-e City Recorder - City of Tigard DatF ~ . ORDINANCE NO. 99- 923 i:\citywide\ord\ZCA99-030rd.doc Page 2 of 2 ' Julia P H 12-Aug-99 11:30 AM ~ • EXHIBIT A . LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOTS 28 AND.29, HANDY ACRES, IN THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF ' SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 28, HANDY ACRES, . WHICH IS 20 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 320 FEET MORE OF LESS TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID LOT 28; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH.ONE-HALF 120 FEET; THENCE SOUTH 320 FEET MORE OR LESS TO THE SOUTH LINE OF LOT 28; THENCE EAST ALONG THE ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT 28; THENCE EAST ALONG THE SOUTH LINE OF LOT 29 HANDY ACRES 70 MORE OR LESS; THENCE N 00° 42' 48" EAST, PAR.ALLEL WITH THE WEST LINE OF SAID LOT 29,144.95 FEET; THENCE SOUTH 89° 43' 36" WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 29, 64.63 FEET; THENCE NORTH 00° 42' 48" EAST, PARALLBL WITH THE WEST LINE O F LOT 29, 495.95 FEET TO THE NORTH LINE OF LOT 29, 5.00 FEET EAST OF THE NORTHEAST CORNER LOT 28; THENCE WEST, ALONG THE NORTH LINE OF LOTS 28 AND 29,25 FEET TO THE POINT OF BEGINNING. •the Company assumes no liabil' or variations, if any, in dimensions• location ~ . ~ ascertained by actual.survey. . . , ~ TlCOR `C'tTLE INSURANCE EXHIBIT 13. ~ ' 23 LL, P. •~o z9~° l..L~ . - -~T --~ssve - _ - - ' ~ 2w• . ~ 4500 4600 . 6 ~ • • 6500 P 4~ 5 /~4 1300 12003 e~ ~ 1100 24 n q w. 14~ sd a .49. AC. .49 AC. .50 AC'. so ao a.ai 4200 •5/'~ .600 6700 s 4400 4300 o „ o M I to 12 ~ 25N 26 ~M COR W T= w o 3~ 2~ ~ 1 o' ~ as' K wv+ar Ac+t u f sv~ ar' w 1 ~ ' 7 • I T . ' . ILV S Kj FERKJ ~ STREET ~ . .~.~a 41.05 >.Y. 170, ►~a ~a 7000 1900 2000 ~2400~ ea~6~rL 2.100 2102 ° .35AG ~ 49 .4G: /..57 AC. //Ac. I. 0 J Ac. o ~ ~ - 0 2 0 100'. 6900 '1- ` ~ . 2500 .61AC. N Z.58AC. 2 ~ ~ ^i „o.oa `ao. ~ w I . 2600 e o• 27 28 29 ~ W5J AC. 7100 0 3 b= 74 AC. ao' 2300 . I 2200 /B AC. no.oa JZ AC.• 2700 3 ` .5J AC. ~ ^ ( „ ^ 4 ' ~ . ~a ~.o • L/ J ( 64.63, ~ 170.09 1 2800 • . I ~ 1!s.51 AC. - 1 I f II P _ n b 5 INITIAL zzo' a 9° A i so' c i9o' too' POINT He0.4i c% sc ' ~ o .,p 170' o' ird 170 OC le'r 'a , . ~ SEE MAP Q ~ ~ 2S I 4CA . ~ o .,I . ~ • • • J~ . AGENDA niM l(J FOR AGENDA OF: August 24, 1999 - 7:30 PM CITY OF TIGARD, OREGON. . COUNCIL AGENDA TTEM SUMMARY ISSUE/AGENDA TTTLE Zone Change Annexation (ZCA) 1999-00003 - Bovle Annexation. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK ,j1.,,Q CITY MGR OK uz~ ISSUE BEFORE THF, COUNCIL Should the Tigard City Council annex 1 parcel,of land consisting of approximately 1.32 acres of land? STAFF RECONIlVIENDATION Adopt the attached Ordinance annexing the property. INFORMATION SUNIMARY, The proposed annexation consists of territory comprised of one (1) tax lot of 132 acres which is contiguous to the City of Tigard. The property is currently developed with a single family residence. The applicant has not indicated any future development is proposed. One adjacent property owner was asked if they wished to join the annexation in order to provide.a more uniform boundary, however, they did not respond. ' Staff has notified affected agencies of the proposed annexation and did not receive any comments in opposition to the proposal. Staff has reviewed the proposal for compliance with Metro 3.09, the Comprehensive Plan policies and the Development Code and, as indicated in the attached staff report,. found the proposed annexation meets the applicable standards. . OTHER ALTERNATIVES CONSIDERED 1. Deny the request. VISION TASK FORCE GOAL AND ACTION CONIlVIITTEE STRATEGY This request is consistent with Growth & Management "Goal 2." . FISCAL NOTES The Metro processing fee will be approximately $150. In accordance with the Council's direction, die applicant will be paying the Metro processing fee. COCJNCIL AGENDA ITEM SUMMARY i:\citywide\sum\ZCA99-03 ais.doc Page I of 1 ' 1u1ia P 11 2-Ju1y-99 a:ls PM , • • . CITY OF TIGARD, OREGON ORDINANCE NO. 99- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99- 00003-BOYLE ANNEXATION AND WITHDRAWING PROPERTY FROM THE APPLICABLE SERVICE DISTRICTS. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Control District would, by authorization of ORS 222.120(5) and 222.510 be withdrawn from those districts upon completion of the annexation; and WHEREAS, the City if Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties from a water district annexed into the City, and WHEREAS, the Tigard City Council held a public hearing on August 24, 1999 to consider the annexation of a parcel of land consisting of 132 acres and withdrawal of said property from the Tigard Water District and applicable service districts; and WHEREAS, Pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and wididrawal of the annexed property from the Tigard Water District and applicable service districts on August 24, 1999 and WHEREAS, pursuant to ORS 222.524, the City must declare tlie withdrawal of annexed properties from the Tigard Water District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the equivalent zoning district to the Washington County R-6 is City of Tigard R-7; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WI-IEREAS, the City Council has carefully considered the testimony at the public hearing and determined that witlidrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CTI'Y OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel described in Exhibit "A" and sllown in Exhibit "B" and withdraws said parcel from the applicable service districts. ORDINANCE NO. 99- i:\citywide\ord\ZCA99-030rd.doc Page 1 of2 Julia P H 12-Aug-99 I 1:30 AM • • SECTION 2: Upon annexation, the affected property shall be designated as follows: Current Comprehensive Plan Designation and Zoning . Washington County R-6 Equivalent City of Tigard Comprehensive Plan Designation and Zoning City of Tigard R-7 SECTION 3: This ordinance sha(1 be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. _ SECTION 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriff s Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2000. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of .1999. • Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _ day of , 1999. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE NO. 99-. i:\citywide\ord\ZCA99-030rd.doc Page 2 of 2 Julia P H 12-Aug-99 11:30 AM . • • EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOTS 28 AND 29, HANDY ACRES, IN THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: . BEGINNING AT A POINT ON THE NORTH LINE OF LOT 28, HANDY ACRES, WHICH IS 20 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 320 FEET MORE OF LESS TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID LOT 28; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF 120 FEET; THENCE SOUTH 320 FEET MORE OR LESS TO THE SOUTH LINE OF LOT 28; THENCE EAST ALONG THE ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT 28; THENCE EAST ALONG THE SOUTH LINE OF LOT 29 HANDY ACRES 70 MORE OR LESS; . THENCE N 00° 42' 48" EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 29,144.95 FEET; THENCE SOUTH 89° 43' 36" WEST, PAR.ALLEL WITH THE SOUTH L1NE OF SAID LOT 29, 64.63 FEET; THENCE NORTH 00° 42' 48" EAST, PAR.ALLEL WITH THE WEST LINE O F LOT 29, 495.95 FEET TO THE NORTH L1NE OF LOT 29, 5.00 FEET EAST OF THE NORTHEAST CORNER LOT 28; THENCE WEST, ALONG THE NORTH LINE OF LOTS 28 AND 29,25 FEET TO THE PO1NT OF BEGINNING. ' ' r-•1---- .__~....a 'the company assumes no liabil~or variations, if any, in dimensions• location ~ • ascertained by actual.survey. . . . ~ , . ; . =g TtCOR ~TlYLEINSURANCE EXHIBIT 13 ~ .23 L~ o. ~~•+0 10~° l..t~ . _ _-~T --iss.ae . - x~o' ' ' 4500 4600 . 6 n . . 6500 p 4 ~ 5 1300 1200s ev* 3?• E.. 1100 24 o 05~ ~ 1400 .49.AC. ,49 AC. .50 AG: i o' r • sd 55.81 ~ 4200 •5/'~ r' ~ soo s~oo . ~ r I rl . r ~ v ~ n- _ 4400 4300 . 10 12 ~ . 25 N 26 • 3 o 2 w ^ LM COR lAT i v Fw/07 AGtCt 51 7Q ' 00~ ~"Ap f be M ! f9" 37' M' ! ~'•i~' i t 1 7 . ' S ~ FERKI . ~ STREET .0 . M7~1.27 •aos 1174 67 ITO, ITo' .2400o ev~~dkl- V7000 1900 2000 2.100 2102 0.35AG ~ . /.SAC. _ 49 AG: 437 AC. //AC. ~ /.O.f AC. 0 1 ' ~ -C d ~ • ~ ~ 2 ' f iao• f~ 6900 1-` ` ~ . 2500 ~ . 6/,aC. N ~.SB AC. ~ tl ~ . ~ I ~ , I 2 ~ i 170•06 e~ . ♦ Y ~ - l d 2600 00 27 28 I 29 ~ W3AC. 7100 L~--) ~ • I• ~ ~ f 3 bn 7 4 AC. _ go~ 2300 . ~ 2200 /./B AC. iiove ~ ~ /.37 AC.• I M - 2700 ~ L) 3 ^ _ 4 - ( In I • ~ ~k 170•09 I 2800 . . I A P5.5/ AC. ^ - . . ~ I t /1 P Q ~ I tl 5 ~ Cf) . INITIAL ~ zzo' •v° a3' 30' [ 1 90' 100' POINT NW.a; t~ ~ , .,o 170' o' i~o' 1 o . ~ SEE MAP a ~ ~ 2S I 4CA I - l~ . . • • Agenda item: ~v ' Hearing Date: Aupust 24.1999 7:30 PM STAFF REPORT TO TNE CITY COUNCIL . Cfff oF noARo .FOR TNE CITY OF TIGARD, OREGON Deve pm n 'Shaping A Better Communi SECTION I. APPLICATION SUMMARY CASE: FILE NAME: BOYLE ANNEXATION Zone Change Annexation ZCA 1999-00003 PROPOSAL: To annex 1 lot consisting of approximately 1.32 acres of land into the City of Tigard. CURRENT ZONING DESIGNATION: R-6 Equivalent City ZONING DESIGNATION: R-7 LOCATION: The subject parcel is located at 13640 SW Fern Street; WCTM 2S10413D, tax lot 02200. APPLICABLE . REVIEW CRITERIA: Tigard Comprehensive Plan Policy 2(Citizen Involvement) and 10 (Urbanization); and Tigard Community Development Code Sections 18.310 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely . affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the annexation by adoption of the attached Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 1999-00003 - BOYLE ANNEXATION 8/24/99 PUBLIC HEARING • • . SECTION III. BACKGROUND INFORMATION Site information and proposal description: The property is currently developed with a single family residence. The applicant initiated the annexation in order to obtain sewer services. The applicant has hooked up to sewer because the need arose during the transition period between the Boundary Commission and City authorized annexations. The applicant was permitted to connect to sewer with the understanding that once the City had the authority to approve annexations, the property would be annexed. The proposal is to annex approximately 1.32 acres of land into the City of Tigard. Vicinity Information: The area to be annexed consists of 1.32 acres. The existing city boundary runs along the north, west and south of the subject property. The subject property and the property to the east is outside the Tigard city limits. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the West CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage Agency (USA) and Tualatin Valley Fire & Rescue (NF&R) have all reviewed the annexation request and have offered no objections. Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to the Tigard city limits on the north, west and east. Adequate services will be available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings:. Section 18.320.020: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. According to the conversion table (18.320.1), the City of Tigard zoning designation of R-7 most closely conforms to the County designation of R-6, therefore this zoning will be attached to the subject properties automatically upon annexation. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 1999-00003 - BOYLE ANNEXATION 8/24/99 PUBLIC HEARING . J • • Metro 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and comprehensive plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been discussed previously in this report and, as discussed, it satisfied. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plans; Because the development code has been amended to comply with applicable Metro functional plan requirements, by complying with the development code and comprehensive plan, the annexation is consistent with applicable functional plan and Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provisions of public facility or services because it is adjacent to existing City limits and services have already been extended to the property by the property owner. If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, and Water Departments have all reviewed this proposal and have offeredno comments or objections. The City of Tigard Police Department asked staff to ask the adjacent property owner if they wished to join the annexation to provide consistency with city limits in the vicinity. Staff sent a letter to the adjacent property owners asking if they wished to join and they did not respond. SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley Water District, PGE, NW STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 . ZCA 1999-00003 - BOYLE ANNEXATION 8/24/99 PUBLIC HEARING • • . Natural Gas, US West Communications, GTE, and Washington County have had the opportunity to review the.proposal and have offered no objections. a`BAS.EDrON THE FINDINGSINDICATED`ABOVE; PLANNING STAFf I _ ~-RECOMMENDS APPROVA 11, LiOF ZONE,CHANGE ANNEXATION_ (ZCA)1:999-0.0003~.-~ OYLE ANNEXATION. Auqust 12, 1999 PREPARED BY: Julia Powell H duk DATE Associate Planner t.~.- AuAust 12. 1999 APPROVED BY: Richard Bewers rff DATE Planning Mana r i:\curplnyulia\annex\zca99-03 Boyle.doc STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 1999-00003 - BOYLE ANNEXATION 8/24/99 PUBLIC HEARING t •CITY OF TIGARD, OREGON • W O2~I. ORDINANCE NO. 99- . . APPlr~+6I1 Sc~V~'c~ C~►'S~'ri' 4'S . AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APP OVE AN ANNEXATION (ZCA) 99- 00003-BOYLE ANNEXATION AND WITHDRAWING PROPERTY FROM . WHEREAS, the City of Tigard is authorized by O 222.120 4)(B) AND 222.170 o initiate an annexation upon receiving consent in writing from a majority of the electors registered m t e territory proposed to be annexed and written ' consent from owners of more than half the land in the territory proposed to be annexed; and T)eJ4"¢ d --7,No/ "rcqs o,,) b/4~'o.,Le -t)r,, ` /'t~Qi'de/A /99. S/ 9 WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patro) District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1 and the Washington County Vector Control District would, by authorization of ORS 222.120(5) and 222.510 be withdrawn from those districts upon completion ofthe annexation; and C~•4~f~ Jt~a°'S 9. ora ~ '~i A~ I WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties from a water district when annexed into the city; and WHEREAS, the Tigard City Council held a public hearing on August 24, 1999 to consider the annexation of a parcel of land consisting of 132 acres and withdraw of said property from the Tigard Water District; and ' WHEREAS, Pursuant to ORS 222.520(2) the City is liable to the district for certain debt obligations, however, in this instance the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District on August 24, 1999; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District by Ordinance; and . WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning , most closely conforming to the County zoning; and WHEREAS, the equivalent zoning district to the Washington County R-6 is City of Tigard R-7; and . T'1 C/g"'a -~a 0/d 'Ov'd. WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Water District is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: . SECTION 1: The Tigard City Council hereby annexes the parcel described in Exhibit "A" and shown in Exhibit and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 and the Washington County Vector Control District. q„ SECTION 2: Upon annexation, the affected property shall be designated as follows: ((~~~n ~ Current Comprehensive Plan Designation and Zoning n~(o L s,l Wa. Co. R-6 ^A P^ ~ Equivalent City of Tigard Comprehensive Plan Designation and Zoning City of Tigard R-7 ~ ~ /Mg-q,~ _ ~ ~ Al ORDINANCE NO. 99- ~ u r0 i: "c~tywi e ord CA -03BoyleOrd.doc Page 1 of 2 pt~ Julia P H 2-Ju1y-99 4:00 PM / 50 = • ,SECTION 3: This ordinance shall b•ffective 30 days after its passage by the Coul, signature by the Mayor and posting by the City Recorder. SECTION 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. Qa~C SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, url Washington County Street Lighting District #1 and the Washington County Vector Control District shall be ~ the effective date of this annexation. qre SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water District shall be July 1, 2000. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _ day of 1999. James Nicoli, Mayor Approved as to form: ' City Attorney . Date ORDINANCE NO. 99- i:\citywide\ord\ZCA99-03BoyleOrd.doc Page 2 of 2 Julia P H 2-Ju1y-99 4:00 PM 07/23/99 14:30 $503 684 7297 CITY OF TIGARD z001 ACTIVITY REPORT TRANSMISSION OK TX/RX N0. 7681 CONNECTION TEL 222 CONNECTION ID START TIME 07/23 14:28 USAGE TIME 02'03 PAGES 4 RESULT OK Post-it'° Fax Note 7677 oatBoa$85► e-I 1% 1s /.S LJe- TO ~/YI 614 /7 From CoJDapt. Co. ~ ~ -If 19OREGON ~ phpRe # Phone ii ?~z - 5` o2-- 3 - /7/ iIO. 99- Fax tF Pax B ~USYONS TO APPRO'VE AN ANNF-XATION (ZCA) 99- 00001-VVAi.NUTlT.UEDEMAN ANNEXATYON AND WIMRAWTNG PROPERTWS FtOM THE TIGARD WA'IER DISTRICT• WHEREAS, the City of Tigard is authorized by ORS 222.750 to annex property not inside the City which is surrounded by the corporate boundaries of the City; and W"HE1tEAS, the proposed annexation constitutes a nninor boundary change under Bouztdary Gommission Law ORS 149.414 to 199_519; and ' WHEREAS, as Part of a street improvemeut projed sanitary sewer is being extended along the ProPert}' fi'ontabes and connection to the sewer may be possible; and WHE1tEAS, the property which Currendy lies within the boundarY of the Washington CountY Enhanced Sheri{fs Patrol District, WaShington County Urba» Roads Maintenance District, Wast"n8ti0n COunty Street Lighting District #1 and the Washington County Vector Control District would, by operation of ORS I99.510, be automatically and immediately wjthdrawn from tllose districts upon completion of the annexation; and WRERE,pS, tlae City of Tigard is authorized by ORS 222• 124(5) and 222.520 to withdraw properties from a water district whcn annexed into the Gity; and VVI3EREAS, the Tigard City Council hefd a public hearing on MaY 11, 1999 to initiate annexati.on procEedings and on July 13, 1999 to consider the annexation of 1 i parcels consisting of 5_67 acres and withdrawa1 of said properties from the Txgard water DistriiCt; and VAUREAS, pursuant to ORS 222•520(2) ihe City is liable to the Tigard Water Aistrict for certain debt obligations, however, in this inswce the Dist-ict has no debt for the City to assume, therefore, no option regardinS the assumption of debt needs to be made; atid RrB¢,REAS, pursuant to ORS 222.120 and 222.524, natice was gjven and the City held a public heariung on the issue of tbe annexation into the City aiud withdrawaf of those annexed propetties from the T'i$ard Waier D'strict on July 13, 1999; and WHEgJEAS, pursuant to ORS 222-524, the City must declare the withdrawal of attnexed proPerties from the Tigard Water District by 4cdinance; and ' WHMAS, the Tigard Aevelopment Code states that upon annexation, the zone is automatically changed to the City aoning - 7 . . • ....a Post-itO Fax Note 7671 310 pa°ges~ 41 S~ Dr~ 'V ~ J J ,_r, TR ✓//YI (,O~@ From Co./Dept. Co. OREGON Phone # Phone N ~ZZ-5` dZ 3 - /7~ 140.99- Fax # Fax # ,USIONS TO APPROVE AN ANNEXATION (ZCA) 99- 00001-WALNUTTTIEDEMAN ANNEXATION AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.750 to annex property not inside the City which is surrounded by the corporate boundaries of the City; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law ORS 199.410 to 199.519; and WHEREAS, as part of a street improvement project sanitary sewer is being extended along the property frontages and connection to the sewer may be possible; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1 and the Washington County Vector Control District would, by operation of ORS 199.510, be automatically and immediately withdrawn from those districts upon completion of the annexation; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties from a water district when annexed into the City; and WHEREAS, the Tigard City Council held a public hearing on May 11, 1999 to initiate annexation proceedings and on July 13, 1999 to consider the annexation of 11 parcels consisting of 5.67 acres and withdrawal of said properties from the Tigard Water District; and WHEREAS, Pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to ORS 222.120 and 222.524, notice was given and the City held a public heazing on the issue of the annexation into the City and withdrawai of those annexed properties from the Tigard Water District on July 13, 1999; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District by Ordinance; and . WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the equivalent zoning district to the Washington County R-5 is City of Tigard R-4.5; and q~~ ~ WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and the criteria reviewed ~ for compliance with the Tigard Development Code and Comprehensive Plan substantially address the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Wafer District is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcels described in Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District. ORDINANCE NO. 99- i:\citywide\ord\Tiedeman zca99-01.ord Page 1 of 2 Julia P H 19-June-99 2:00 PM • • SECTION 2: Upon annexation, the affected properties shall be designated as follows: Current Comprehensive Plan Designation and Zonin~ Wa. Co. R-5 Equivalent Citv of Tigard Comprehensive Plan Designation and Zoning . City of Tigard R-4.5 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative ' processing. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water District shall be July 1, 2000. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _ day of , 1999. . James Nicoli, Mayor . Approved as to form: City Attorney Date . ORDINANCE NO. 99- i:\citywide\ord\Tiedeman zca99-Ol.ord Page 2 of 2 Julia P H 19-June-99 2:00 PM • • • JJ TICO~ TITIE INSURANCE Report No. W669931-NS LEGAL DESCRTPTION . A tract of land located in Lots 28 and 29, HANDY ACRES, in the Southeast-one-quarter of the Northwest one-quarter of Section 4, Township 2 South, Range 1 West, W'illamette Meridian, in the. County of Washington and State of Oregon, described as follows: Beginning at a point on the North line of Lot 28, HANDY ACRES, which is 20 feet West of the Northeast corner thereof; thence South 320 feet, more or less, to a point on the South line of the North one-half of said Lot 28; thence West along the South lin-e of said North one-half 120 feet, more or less, to the Northeast corner of that tract conveyed to Conrad Sproul described in instrument ' recorded May 2, 1979, Recorder's Fge No. 79016806, Washington County Deed Records; thence South along the East line of said Sprou1 Tract and the East line of that tract conveyed to Charles B. Lamb, et ux, by Deed recorded May 22, 1979, Recorder's Fee No. 79019801, Washington County Deed Records, to a point on ihe South line of said Lot 28; thence East alorig said South line to the . . Southeast corner of said Lot 28; thence continuing East along the South line of Lot 29 to the most Southerly -Southwest corner of that tract conveyed to Samuel A. Gotter, III, by Deed recorded November 6, 1978, Recorder's Fee No. 78048717; the,nce North 0° 42' 48" East pazallel with the West line of Lot 29, 144.95 feet; thence South 89° 43' 36" West parallel with the South line of Lot 29, 64.63 feet; -.thence North 0° 42' 48" East 495.95 feet parallel with the West line of Lot 29 to a point on the North line of Lot 29 which bears North 89° 33' 58" East 5.0 feet from the Northwest corner thereof; thence West along the North lines of Lots 29 and 28, 25 feet, more or less, to the point of beginning. _ ►N CT., /q g'.D 022_0 t7 ` I 36 yo ,ll.v ~ 5 • ~ DOR 34-P10-1999 Preliminary Review OREGON DEPARTMENT (~I0R E V E N U E Cartographic Unit 955 Center St. NE Salem, OR 97310 (503) 945-8297, fax 945-8737 City of Tigard Finance Director Attn: Julia Powell Hajduk 13125 SW Hall Blvd Tigard, OR 97223 Date: 7/1911999 This letter is to inform you that the map antl description for your PLANNED annex to the City of Tigard (2CA 1999-0003) in Washington County have been reviewed per your request. They MEET the requirements for use with an Order, Ordinance, or Resolution which must be submitted in final form before March 31, 2000 per ORS 308.225. Please highlight annexed area on map for final, and correct typo in desc, third line from end. "5.00' east lot" should read "5.00' east of' ; y- r%' ; ( ; i ~ ` , • ~ ; j r~ ~ i i.. ti . If you have any questions please contact: Jennifer Dudley, 503-945-8666 . ' . CfTY OF TIGARD July 12, 1999. OREGON Jennifer Dudley Department of Revenue, Property Tax Division 955 Center Street NE , Salem, OR 97310 ' RE: Request Review of Legal Descriptions and Exhibits for Proposed Annexation. • Dear Ms. Dudley: Enclosed, please find three legal descriptions and maps for three annexations being processed by the City. It came to my attention that it would be beneficial to forward a copy of the legal description and related map to your department for review and pre-approval. Please review this information and respond as soon as possible if any changes will need to be made prior to the annexation. I have enclosed an envelope for ease in returning responses. Please send any correspondence regarding these legal descriptions to my attention. , Thank you for your time. If you have any questions or comments, please feel free to contact me at (503) 639-4171 x407. Sincerely, , ulia Powell Hajd Associate Planner I:curplny ul ia\an nex~pre-approvat.doc c: ZCA 1999-00002 ZCA 1999-00003 ZCA 1999-00004 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 2CA 1~99-00 03 1 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOTS 28 AND 29, HANDY ACRES, IN THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 28, HANDY ACRES, WHICH IS 20 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 320 FEET MORE OF LESS TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID LOT 28; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF 120 FEET; THENCE SOUTH 320 FEET MORE OR LESS TO THE SOUTH LINE OF LOT 28; THENCE EAST ALONG THE ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT 28; THENCE EAST ALONG THE SOUTH LINE OF LOT 29 HANDY ACRES 70 MORE OR LESS; THENCE N 00° 42' 48" EAST, PAR.ALLEL WITH THE WEST LINE OF SAID LOT 29,144.95 FEET; THENCE SOUTH 89° 43' 36" WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 29, 64.63 FEET; THENCE NORTH 00° 42' 48" EAST, PAR.ALLEL WITH THE WEST LINE O F LOT 29, 495.95 FEET TO THE NORTH LINE OF LOT 29, 5.00 FEET EAST LOT THE NORTHEAST CORNER LOT 28; THENCE WEST, ALONG THE NORTH LINE OF LOTS 28 AND 29,25 FEET TO . THE POINT OF BEGINNING. the company assumes no liabili or variations, if any, in dimensions location ' • , ascertained by actual survey. - . CjeTICOR T1TLE `NSURANCE ~ , . , . 23 LL, o. 3-i•,0 1+a6 --15s9e - - • :io' . • ' 4500 4600 . 6 -o . 6500 1300 1200 I100 24 4 w 5 14W .49.AC. .49 AC. .'SO AC. ~ o' ~ • . •d aa.ei n"r 4200 .S/ AC. rl r ` 600 6700 ~ R r _ ~ ~~'J 0 4400 4300 40 11 12 " • ti o - ~ N 25N 26 h _ w y • 5 3 b 2 WWOY AGtq 78 (n ^ w w ^ s.x COR l0T 2 ' 3.4,9 ~,b 00' Ap t b1 r • f f9" T7' M ~ ~'•i~' ~ i I 7. ~ • S Kj FERK! ~ STREET ~ . R.7.1.Zs 41.0e 3 V4 67 170' 170 ' . IT°' .24003 ev~3d ~ 7000 1900 2000 2.100 2102 . oAG o ~ ~.fSAC. ^ /,49.~ /.37AC. /.//Ac. /.OSAc. o .55 I t • _ ° 2 ~ iao• M 6900 12500 . 6l AC. ~.SB AC. ~ tl ~ . ~ I ~ ' ~ 2 4 70.06 2600 .63 AC. " 6 27 28 29 7100 11.~ ^ • _ _ , ' ~ ~0 3 b~ : : 74 AC. do' 2340 ~ 2200 /B AC. ITOoe ~ I /.32 A. C.• I ~ 2700 ' g_) 3 I r .53 AC. ~ 4 ^ L J J ( 64.6 3' 170•09 ( ^ . ~ I 2800 ^ 4 95.5/ AC. _ INITIAL zzo' •a° 43' so' c tao' t00' POINT H 89•.i c~ 50 np 170' o' iid iTo' i o ~ -Z. SEE MAP a z ~ 2S I 4CA ~ ~ . ^i NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES ThIAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD • Community ~DeucCopment ShapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 24,1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO.: lONE CNANGE ANNEI(ATION [ZCAI 1999-00003 FILE TITLE: BOYLE ANNEI(ATION APPLICANT/ OWNER: Thomas and Carol Boyle 13640 SW Fern Street Tigard, OR 97223 REQUEST: Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 13640 SW Fern Street; WCTM 2S104BD, Tax Lot 02200. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive ~Plan Policy 10 (Urbanization); and Metro 3.09 Requirements. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHARTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSfSTIVE LISTENING DEVICES iRE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE V1/ISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FRQM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. 0 0 . INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO TFiE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A GOPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, JULIA POWELL HAJDUK, AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ~ 4 r r a: VY' S HK(.IA'~D CITY . ' D ' i~YN '~a r .-'31. ;s t` ,%t~.">-y 'y 3t'~; s~ a~.,~_ . `~i~ + ~ { ~ ~ 'k ~ t i 'Ss ..oo..r.ic ..ro.....o. ...i.r 1:c: , u.,,. . . . VICINITY MAP •SW WALNUI',LN k l . . . ('7. t . • S .t.. W:N ~ ZCA I 999-00003 2 .ROSY co_ W BOYLE ~ Q . - * ANNEXATION , F_ - _ , j . . M 4 . "T . - • . _ , J. I `J SUBJEC ~ • . l W DOE LN .r T z•` siTE SHADED AREA INDICATES - , . t, ~ t. , INSIDE Of THE TIGARD ~ - - CITY LIMITS i ~i • t • • N . , . . 0 . 100 200 300 Fwt , . . , , . . . _ - ~ ' : , o-• T Y „ , : 1 . . . . _ 11242 Mt Q ' CiryofTigard ' ` ~ • r In-tbn on tl" mv b br PiwW bcstl-Y/ M na .~m n. a..wvI»Me.A.. oiwb , "'-s 'r xn p4 3, rWHI r ~ " Q' , N ' .no~nawY.a. . . ;M u,~oa omi fswt6394171 ~ '~-~41CHELLE 07/20/99 10:52 FA% 503 6403525 tiNIFIED SEWERAGE AGENCY C~002 ~ . ~ • . CI1T OP TIGARD Cmmunity (Dcvcfopntent S(tapfJrgA mcttcrCommuraty PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS 'NOT{CE IS HEREBY GIVEN THAT THE TfGARD CITY COlldG_Il,, AT A MEETING ON TUEADA1L AUGUST 4.1999 AT 7:30 Pm, IN THE TOWN HALL OF T~1C CENTER, 13125 SW HALL BOUl.EVARD, TIGARD, OREGON 97223 WILL CONS ,T~j~ ~GAPPLICAT{ON: DATE: lulY8,1999 T0: lulla Haifmalt USA/SWM PrograM Bv 1 r FROM: Cl[v of Ti9ard Planning DiVision STAtf e0lITACT: lnfia PoweIl Hajduk, Assosiate Plannor Pb9ne:_15031 B3941Ti / Fax: 150316847297 TONE CNAN6E ANNQ(ATIDN [lClU 1999-00003 ➢ BOYUANNEI[ATION Q The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the City of Ti gard. LOCATION: 13640 SW Fem Street; WCTM 2S104BD, Tax Lot 02200. APPLICABLE REVIEW CRNTERIA: Communi Development Code Chapters 18.320 and 18_390; and Comprehensive Plan Policy 10 {Urbanization~. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAIIABLE FOR INSPECTION AT N.O COST OR COPIES CAN BE OBTAINED FOR 11NENTY-FIVE CENTS (254-) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIfVIE OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR 70 THE HEARING, A COPY OF THE S7AFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25,~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the ViCln(OlMepfor your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be p,repared and a decision'will be rendered on the pro osa) in the near future. If you wish to comment on this application, WE NE D YOUR CO MENTS BACK BY: IOLY 211999. You may use the space provided below or attach a separate letter to return your comments. liyOfl are nnable to res ond h-v the 8b0ue dat@ please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223_ PIEASk~68EClI TNE FQLL0W111611'EiriS MY ApPtY: - . . . _ . . . ~ We have reviewed the praposal and have no objectians to it . _ Piease contact of our office. Please refer to the endosed letter. _ Written comments provided below: . ~~~~eF►~ thefoQ'vwirrg ino..) Name of Porsan(s) Commeoting: -~-~t YLIA Phone Numbgr[sa: e - • • CITY OF TIOARD Community DeveCopmcnt ShapittgA BetterCommunity PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 24, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: DATE: lulY 8,1999 JUL 2 0 1999 T0: Brian Moore, P6E Seruice Design Consultant CITY OF TIGARD FROM: CitV of Ti9ard Planning Diuision STAFF CONTACT: lulia Powell Halduk. Assoclate Planner Phone: 15031639-4111 / Fax: 15031684-1291 ZONE CHANGE ANNEIlATION [ZCAI 1999-00003 ➢ BOYLE ANNEIIATION Q The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the Cityof Tigard. LOCATION: 13640 SW Fern Street; WCtM 2S10413D, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Communit Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization~. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the YIC(Illql M8p for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 23,1999. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confrm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CNECK TNE FOLLOWIN6 ITEMS TNAT APPLY: _ We have reviewed the proposal and have no objections to it. • Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: ftlease pravide tke folCowing info»nation) Name of Person[sl Commendng: Phone Number[sl: 510 -44CIC, ZCA 1999-00003 BOYLE ANNEXATION REQUEST FOR COMMENTS/NOTICE OF PUBLIC HEARING • CITY OF TIOARD Community ~Dcvelopment ShapingA BettcrCommunity PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, AUGUST 24,1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: DATE: luly 8,1999 T0: lori DorneY, US West Communications Engineerin9 FROM: City of Ti9ard Planning Diuision STAfF CONTACT: lulia Powell Halduk, Assoc➢ate Planner Pi:one: 1503163g-4371/EaX: 15031684-1297 ZONE CHANGE ANNEIIATION [ZCAI 1999-00003 ➢ BOYLE ANNEIIATION Q The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the City~ of Tigard. LOCATION: 13640 SW Fern Street; WCTM 2S104BD, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Communit Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization~. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the vClllitll Mep for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 23 1999. You may use the space provided below or attach a separate letter to return your comments. If You are unab e to respond by the aboue date, please phone the staff contact noted above with your comments and confrm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. . . PLEASE CNECK THE FOLLOWIN6 ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ~ Written comments provided below: (rnfease pmvide cke foLunng infornraaon) Name of Person[sl Commenting: Phone Number[sl: ZCA 1999-00003 BOYLE ANNEXATION REQUEST FOR COMMENTS/NOTICE OF PUBLIC HEARING , r • • . CITY OF TIOARD • Community ~DevcCopment SkapingA Better Community PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 24, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: DATE: luhl 8,1999 T0: Brian Rager, Deuelopment Reuiew Engineer FROM: Citll of Tigard Planning Diuisi.on STAFF CONTACT: lulia Powell Halduk, Assoclate Planner Phone: 15031639-4111 / Fax: 15031684-1291 lONE CHANGE ANNEIIATION QCAI 1999-00003 ➢ BOYLE ANNEI(ATION Q The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 13640 SW Fern Street; WCTM 2S1046D, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Communit Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization~. ALL DOCUMENTS -AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the VlCllllly Mep for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 23,1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE C ECK THE FOLLOWIN6 ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: ' ftlease praviQ'e the foQ'owing infornration) Name of Person(s) Commentlng: _ x2 ~ Phone Number(s): ZCA 1999-00003 BOYLE ANNEXATION REQUEST FOR COMMENTS/NOTICE OF PUBLIC HEARING JvV IvIHKC;IA DR ~ Z D ~ ~ OEOORAPNIC IMFO0.YATION BYBTEY / ~ VICINITY MAP w ~ SW WALNUT LN ~ ~ W CV) ICA 1999-00003 ~ > . ~ Q ~ M ROS ' co BOYLE M Q ANNEXATION ~ co - _ ST ~ M F- ~ ~ I ~ suBJEC ' SW DOE LN siTE SHADED AREA INDICATES INSIDE OF THE TIGARD CITY LIMITS . N 0 700 200 300 Feet 1'= 242 feel OF FI GAR ~ C T . w . Q ~ City of Tigard mrormatioe on uvs map o ror general mws- ony aoe ~ WH~TEy shouW be vwised with the Devebprmm Swiees Division. '9 ~ O .l..L 13125 sw r~s siw SI^,. M (N r~m. oR e7u3 CHELLE CT e- ~ z ~9.•,7, m htw~,wMw.aUpam.or.w Community Develapment ' R ~ Piot dates jul 7, 1999; C:►mag1c%MAqC03.APR • • CITY OF TIOARD Community Devefopment SkapingA BetterCommuniCy PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 24, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: DATE: lulY 8,1999 T0: lim Wolf, Tigard Police Department Crime Preuendon Officer FROM: CitY of Tigard Planning Diuision STAFF CONTACT: lulia Powell HaiduK, Assoclate Planner Phone: (50316394111 / Fax: [5031684-1291 ZONE CHANGE ANNE1lATI0N [lCA] 1999-00003 ➢ BOYLE ANNEMATION Q The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 13640 SW Fern Street; WCtM 2S1046D, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Communit Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization~. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST..AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED. FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the IIICllllty Mep for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 23,1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confrm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. . PLEASE CHECK THE FOLLOWIN6 ITEMS TNATAPPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ~ Written comments provided below: oc\\ wkatr\ yQSecJo.'cvX' 4cw~ tw~q -ta " eoe\" Ao v ~0*+1 efeAcA.R- e.oeh~S~C W " c: NW.4-" \X. A~\ h~r~ atea c~o~1~ a~bo 0~1aJ~ h1rn.~c.d nlec~tv~ . (Please prvvide the fo&nang infamation) Name of Person[sl Commenting: Phone Number(s): *aaD ZCA 1999-00003 BOYLE ANNEXATION . REQUEST FOR COMMENTS/NOTICE OF PUBLIC HEARING W , Ovv mHKLIA DR . . - . . . ui OEOORAPXIC IMfORYATIOM 6l'BTEY / VICINITY MAP i ~ o ~ SW WALNUT LN N ~ w M ICA 1999-00003 i Q ~ I 2 ROSY 7cn CT BOYLE Q AN N EXATI ON ~ ~ co ; ~ . ST - t M E- ~ ~ i ~ susJEC - ' SW DOE LN SITE SHADED AREA INDICATES INSIDE OF THE TIGARD ~ CITY LIMITS . . N 0 100 200 300 Feet 7 t'= 2!2 teet OF TH GAR ~ C T w . Q ~ City of Tigazd Infortnation on this rtup is bor general location oNy and F- WHITEh O N sha,w be varisea uim me oevelopmert service: oiviaian. M L 13125 SW Ha0 BMd TigaN, OR 97723 L (503) 639-4171 - /-'~~Q1CHELLE CT ~ m ~j,,~,~,~,.a.~~.c.~, Community Develapment ' ~ ` Plot dates jul 7, 1999; C:jmagic%MApC03.APR Ju'1=12-99 12:50P TCI St_Helens 503 397 5686 P.02 . • CI7Y OF TIGApD i117i7)RI11L1iy ~'VCV& Dtr! ltf S'(r~ryr,~;J.;~f ~Ncccrr(,'oua;ritrnit~~ PUBLIC N'tpmRRIN'UmFimAU"TICEANa E Q U E S T~ ~ 9 0 M M E N T'bm i NOTICE IS HEREBY GIVEN THAT THE :LI.S~.ARp_.CITXAT A MEETING ON IN TPIE TOWN HALL OF THE TIGARD CIVIC CE.NTER, '13125 5W HALL ~ BUULEVARO, TIGARO, OREGQN 97223 W1Ll. CONSIDER THE FOLLOWING APPLiCATION: DATE: lft 0L1999 Ta: Pa#_Me6ann,.TCI_Cableulsian vf Oregen ~ FROM: ttT6sar".Planni n.9-M si0 n STAFF CONTACT, Julia Powerl Haiduk_Associate Pnanner . Phoneo 1,5031 639-4fTI / Fitx- 1503) 684-7291 IONE CHANGE ANWEXATION [ICA) 1999-00003 ~ BdYIE AWNEMTiON 4~ The applicant has requasted to Annex ane (1) parcel consisiing of 1.32 acres inta the Cilyof Tigard. L4CATIQN: 13640 SW Fern Street; WC~TNI 2SI04E3D, Tax Lot 02200. AF'PLICABLE REVIEW CRITERIA: Community Dcvclopment Code Chaptecs 1$.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization). AL[_ DOCUMENTS AND APPLIGABLE CRITERIA IiV THE ABOVE-NOTED FILE ARE AVAII.ABLE FOR (NSPEGTlON AT N0 GOST OR CUPIES CAN BE OBTAINED F(aR TWENIY-FIVE CENTS (25c~) PER PAGE, Qa THE CURFdENT RATE CHARGED Ft}R COPIEa AT THE TIME QF THE REQUEST. AT I..EAST THIRTY (30) 0AYS PR{OR TO THE NEARING, A COPY OF THE STAFF REPORT W1LL BE AVAILABLE FOR. INSPECTION AT NO COST. fJR A COPY CAN BE QBTAINED FOR TWENTY-FIVE CENTS (25c) PER PAGE, OR THE CURRENT RA*fE CHARGFD FOR GOPIES AT THE TIN9E OF TFiE REQUEST. Attached is tfie {IiCinity Map far your review. From information suppfied by various departments and agencies and f'rom ather infarmatfon available to our staff, a report and reeommendation will be preparcd and a decisian will be renderetl on the propasai in the near future. Ifi you wish to CorYtment on this applicakion, } r~N_EF_Q.._`~Q.I~R...C:QM__1AEN_T5 BA.C BY;IUEY 20,_1899. You may use the space provided belpw or attach a separate fetter lo return your comrnents. li,you 8f~ pI1~~8 t01"BSpDlld..b1tk0 .#bUqqdate, plsase phone the stalf contact riated above with your commenis and confiirm your comments in wriEing as sooti as passible. If you iiave any questions, contact the Tigard Planning Division, 93125 SW 1-iall k3oulev:ard. Tigard, UR 97223. . P1EASE CHEGR THE HBiIOWING fTEMS'[HAT APPLY: _ We have reviewed the propasal and have no objections to it. PlEase contaci of our office. _ - t'lease refer to the ericlased le#ter. Written comi-nents provided befow: ................._............_.._........_._________.____.......__M.._,.__..-- - (~iIrn2re pmvrde tlee ft(Iaavir~; ir!forn.r.ition) HR111$ 0f PB1S011I5) L'Di11111elHting:.._`, . , ~ -.:~1 ~•a'r.,/' . All PptfAe Hililll181'tSD: ~ . A 19a9-Ot1pq3 (30YLE f,NNEXA7'Il:7N REC)11E51" Fnk i:t7hAMENTS1NnTi(:F f1F P1 If11 If: HFAF?IN(; ~ • • , CITY OF TIOARD Community Devefopment ' ShapingA BctterCommunity PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 24, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: DATE: lulY 8,1999 T0: lohn Roy, Praper4l Mana9er/Operadons Department FROM: City of Tigard Planning Diuision STAFF CONTACT: lulia Powell Ha1duK, Assoclate Planner Phone: 15031639-4171 / Fax: 15031684-7291 ZONE CNANGE ANNEIlATION [lCA] 1999-00003 ➢ BOYLE ANNEIIATION Q The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 13640 SW Fern Street; WCtM 2S1046D, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Communit Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization~. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the YICI111q1 M8p for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: lULY 23.1999. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEAS ECN TNE FOLLOWIN6 ITEMS THATAPPLY: . _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: ftlease pmvide tFie folrowing info»nntion) Name of Person[sl Commenting: , Phone Number(s): ZCA 1999-00003 BOYLE ANNEXATION REQUEST FOR COMMENTS/NOTICE OF PUBLIC HEARING . ~ Jvv IvIHKC;IA DR CITY , . . . W D GEOGRAGNIC IMiORYATIOM OVBTEY > ~ - W VICINITY MAP ~ SW WALNUT LN M S, ICA 1999-00003 I 2 ROSY ' ' ~ cT F BOYLE ~ W ANNEXATION ~ co _ ST i M F- ~ . ~ . I . suBJEC - ~ SW DOE LN SITE , SHADED AREA INDICATES . INSIDE OF THE TIGARD CITY LIMITS ~ ~ . N o ioo zoo soo Foet r= 242 roet OF H GAR ~ C T w . . Q ~ City of Tigard LO WHITEEy~ mrmmatioo «n u,is rt+ap is ror ger~eral bcafion ony arw O N shoua be veri5ea with Ihe Devebpnafrt services Diviaion. M ~ L ,aus sw rwu en~a C NA` Tipard, OR 97223 L (503) 6394171 /'s~441CHELLE CT ~ m hw-.~,N,.«.~~~.o..W Community Develapment ' ~ ~ Plot dates jul 7, 1999; C:jmagicjMAQC03.APR . , ~ . CITY OF TIOARD Community ~Devefopmcnt SkapingA BetterCommuitity PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, AUGUST 24, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: DATE: lu B. T0: Michael Miller, Operadons Utility Mana9er FROM: City of fgard Planning Diuision STAFF CONTACT: lulia Powell Haiduk, Assoclate Pianner Phone: [50316394111 / Fax: (5031684-1291 tONE CNANGE ANNEIIATION QCAI 1999-00003 ➢ BOYLE ANNEIIATION Q The applicant has requested to Annex one ~1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 13640 SW Fern Street; WC M 2S104BD, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Communit Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization~. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the VlCllltty Mep for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 23,1999. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWIN6 ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ✓ Written comments provided below: ' -t .a.2o a4 r pIST2lc-T i,dL1eN A-ivNiEXAn 7o- 72" (,7lT~I (Please pravide t6e folCowing inforntation) Name of Person[sl Commentlng: Phone Number[sl: ZCA 1999-00003 BOYLE ANNEXATION REQUEST FOR COMMENTS/NOTICE OF PUBLIC HEARING JVV MHKL;IA DR . , I I~ :4 . ~ ~ OEOGRAiNIt IMiORYATIOM BVBTEM ~ VICINITY MAP ~ SW WALNUT LN ~ ~ ZCA 1999-00003 I Q - - - - - - - - I F- ROS ' 00 ~ . BOYLE ~ Q AN N EXATION 3: co _ ST i M F- ~ M ~ • ~ suBJEC ~ SW DOE LN sirE SHADED AREA INDICATES INSIDE OF THE TIGARD CITY LIMITS ~ . N 0 100 200 300 Feet 1'a 242 teel OF HE GAR C T w . Q ~ City of Tigazd 2 Intortnafion on lhis map is for peneral loeation only aM WH ITEH O snoau no veraea Wan Uie oeveJopnem serviee, oivisiw,. M C'q(~ Tp13125 SW Ha0 Blvd artl, OR 97223 Atlp9Awww.d.tigard.w.w l-~'~41CHELLE CT (~3) Community Development Plot date: jul 7, 1999; C:jmagicAMAGiC03.APR ExxIBIT A NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY Of TIOARD Community ~DeveCopment S(apingA Better Coimnunity PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 24, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO.: IONE CNANGE AHNEIlATION QCAI 1999-00003 FILE TITLE: BOYLE ANNEXATION APPLICANT/ OWNER: Thomas and Carol Boyle 13640 SW Fern Street Tigard, OR 97223 REQUEST: Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 13640 SW Fern Street; WCTM 2S1046D, Tax Lot 02200. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. . APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHARTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND,RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. • • ' . INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE MEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A GOPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, ' JULIA POWELL HAJDUK, AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ~ ~vv iwHKc;lA DR ~ ARD > S10 0 ~0* .1Z e.oo....a ,,o...,,o. _ ~ - - W VICINITY MAP i W o N ~ SW WALNUT LN i ~ w ~ lCA 1999-00003 Q . gw 2 ROSY M ~ w BOYIE ANNEXATION . ~ ~ ST i M ~ i SUBJEC I SW DOE LN siTE SHADED AREA INDICATES INSIDE OF THE TIGARD . CITY IIMITS . N 0 .100 700 300 PM ' 1L pIT I1 SI-I 0 H GAR, C -I'N1 T w . ~ Q ' Ciry of Tignrd = Q~ IntormsWn an INs ms01. la qnaN buibn onP/ aM f- WHITE snwu ee venn.a aN N. awoom.ni aanic.g oHn.wn, u+xs ew wa er.a ~ rq.b, oa 07:23 4- (507) 039-4171 / ~QICHELLE CT ~ ~ , m http,,.,«w4~,.b.a.u. ~cA qq - 3 CP,J ~ofs~ • • ExHr~~T 19 S10400-0160 2S104AC-12800 TI D CI OF BARNES MARK E AND DERNA , 131 3 5, LL 12660 SW 135TH AVE ,yIGARD, OR 7223 TIGARD, OR 97223 2S104AC-12900 2S104AC-13000 BATTALIA JACK E& CORA C KHALEGHI GHASSEM AND 12700 SW 135TH AVE 12780 SW 135TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S104AC-13100 2S104AC-13200 SHEARER THOMAS M& CHERIE M SARICH BOSILJKRA 12810 SW 135TH AVE 17184 SW SUGAR PLUM CT . TIGARD, OR 97223 ALOHA, OR 97007 2S104AC-13300 2S104AC-13400 ROUSE ALLEN V& MARTHA H BAXTER BARRY FREDRICK AND 12890 SW 135TH AVE 12950 SW 135TH • TIGARD, OR 97223 TIGARD, OR 97223 2S1046D-00500 2S1048D-00600 QUINN MICHAEL P& JEAN L WHITAKER EVAN E AND 12615 SW 136TH CT 12665 SW 136TH CT • TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-00700 2S104BD-00800 JENSEN NORMAN S& JUDIE L BROWN DONALD B& 13455 NE SCHUYLER ST 13590 SW WALNUT ST PORTLAND, OR 97230 TIGARD, OR 97223 2S104BD-00900 2S1046D-01000 HANSON RUSSELL R& G RUTH TRS ALEXANDER MARION & DOMINIQUE 13540 SW WALNUT LN 12645 SW 135TH TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-01100 2S1046D-01200 KVISTAD RODERICK LAMORA SHIRLEY A TR AND 13535 SW FERN 13585 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-01300 2S104BD-01400 HAVILAND RANDALL AND ROMAN CATHOLIC ARCHBISHOP OF 13625 SW FERN ST 2838 E BURNSIDE TIGARD, OR 97223 PORTLAND; OR 97214 2S104BD-01600 2S104BD-01900 WILLIAMS DONNEL AND LAMB CHARLES B AND ZADA M 13865 SW FERN 13770 SW FERN STREET ' TIGARD, OR 97223 TIGARD, OR 97223 ~ r 2S1046D-02000 2S1046D-02100 , EVANS TYLER M& SHAWN R BENETTI MARCO A& SALLY A , 13720 SW FERN ST 13650 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-02102 2S104BD-02200 ' CLARKE JOHN A& NANCY J BOYLE THOMAS G AND CAROL A 54966 MALLARD DR 13640 SW FERN ST BEND, OR 97707 TIGARD, OR 97223 2S104BD-02300 2S1046D-02400 AZARI DAVID J& FARIMAH A BUCKNAM BRIAN & JULIE L 13620 SW FERN ST 13530 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S1046D-02500 2S1046D-02600 VIESTENZ KERRY D& JANICE L MAGI REIN 13570 SW FERN ST 12905 SW 135TH TIGARD, OR 97223 TIGARD, OR 97223 2S1046D-02700 2S1046D-02800 , MAY RICK V BERARDI GERARD TRUSTEE 12945 SW 135TH AVE 12985 SW 135TH AVE PORTLAND, OR 97223 TIGARD, OR 97223 2S104BD-04200 2S1046D-04300 BEGO PETER MARIN & ROSENBLOOM ROBERT H& SUE D TRS 13725 SW FERN ST 13749 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 ' 2S104BD-04400 2S104BD-04500 PIPPETT BRET A& LISA M GRAY MARK S& RHONDA J 12774 SW 138TH AVE 13970 SW ROSY CT TIGARD, OR 97223 TIGARD, OR 97223 2S1046D-04600 2S104BD-04700 BARR FRED E& JULIE F BERGSTROM ERIC J& ANN E 13774 SW ROSY CT 13752 ROSY CT TIGARD, OR 97223 TIGARD, OR 97224 2S104BD-04800 2S104BD-04900 ATWOOD JEFFREY P& B J MCCUEN DALE R& VALENTINA M 13728 SW ROSY CT 13745 SW ROSY CT TIGARD, OR 97223 TIGARD, OR 97223 2S1046D-05000 2S1046D-05100 TOFTE DANI & ERIC WELL MICHAEL A 13763 SW ROSY CT 13789 SW ROSY CT TIGARD, OR 97223 TIGARD, OR 97223 cPy 3 ef 5-) i r 2S104BD-05300 2S104BD-05400 WEST JEFFREY T& KAREN R MARVIN RANDALL A& . 13756 SW WALNUT LN 13724 SW WALNUT LN TIGARD, OR 97224 TIGARD, OR 97223 2S104BD-06200 ' 2S1046D-06300 WINGERT RONALD O& RENEE E SKILLMAN MICHAEL P 12665 SW 138TH AVE 408 NW 12TH AVE #201 TIGARD, OR 97223 PORTLAND, OR 97209 2S104BD-06400 2S104BD-06500 KERKERING RICHARD J& SUSAN J CARUSO SAMUEL JOSEPH ANTHONY & 12701 SW 138TH AVE 12739 SW 138 AVE TIGARD, OR 97223 TIGARD, OR 97223 2S1046D-06600 2S1046D-06700 WEISENBORN DENNIS R& JACKIE , RANDALL HEIDI M& JAMES C 13827 SW FERN ST 12755 SW 138TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-06900 2S104BD-07000 • BARRETT GORDON W& MELISSA J LOVELY LINDA 13800 SW FERN ST 13796 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-07100 2S104BD-07200 F TANNER RANDALL C& JULIE M ARD <0223 13784 SW FERN ST 1312 TIGARD, OR 97223 ARD2 104BD-0730 2S104CA-01400 AAqPKY OF CLOPTON GEORGE W 131 LL 13165 SW ESSEX DR GARD, OR 97223 ' TIGARD, OR 97223 2S104CA-01500 2S104CA-01600 . WALTERMIRE ROBERT P& ROSEMARY HUNT DANA J& BARBARA D • 13133 SW ESSEX DR 13101 SW ESSEX DR TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-01800 2S104CA-01900 LEASCU EMANUELL & ANISOORA L LEASCU EMANUEL & ANISOARA 13739 SW LAUREN LN 11349 SW 135TH ST APT 5 TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-02000 2S104CA-02100 THOMPSON BRUCE A& JUDITH K PRESJAK MATTHEW G& CATHI 13711 SW LAUREN LN 13687 LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 7-~- y of s~ • r 2S 104CA-02200 2S 104CA-02300 MEINSCHEIN ROBERT J& SUSAN G YARBROUGH DAVID S& CAROLYN J , 13653 SW LAUREN LN 13625 SW LAUREN LANE TIGARD, OR 97223 TIGARD, OR 97223 o 2S104CA-02400 2S104CA-02500 WILLIAMS SCOTT L RICO DANIEL S& STELLA 13607 SW LAUREN LN 13599 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-02600 2S104CA-02700 BOHRINGER WILLIAM JOSEPH & BARB TORABI MOHSEN AND BETTY JANE 13571 SW LAUREN LN 13543 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-02800 2S104CA-02900 DREILING JAMES S& JUDY R ZIMMERMAN JULIE R& 13515 SW LAUREN LN 13520 SW LAUREN LN TIGARD, OR 97224 _ TIGARD, OR 97223 2S104CA-03000 2S104CA-03100 GHITEA NICOLAE JR & CARMEN R EWART COLIN B& JEAN HATHAWAY 13552 SW LAUREN LN 13584 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 2S 104CA-03200 2S 104CA-03300 JOHNSON DENNIS & SU-LAN KAUNITZ LEON I& MADALINA 13600 SW LAUREN LANE 13616 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 . 2S 104CA-03400 2S 104CA-03500 AVIS RICHARD G& JULIANNE VAICIULIS MARK J& MARIANNE 13648 SW LAUREN LANE 13672 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 . 2S 104CA-03600 2S 104CA-03700 WALKIEWICZ FRANK R& ELIZABETH REINHARDT DAVID A& PATRICIA M 13694 SW LAUREN l.N 13709 SW MICHELLE CT . TIGARD, OR 97223 TIGARD, OR 97223 2S 104CA-03800 2S 104CA-03900 WASSER ROBERT J& SHERRYL A . CONNOLLY KEVIN R& MARCIE 13667 SW MICHELLE CT 13645 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 2S 104CA-04000 2S 104CA-04100 PARZYBOK TIM I AND BONNIE L SAMPER J MARK & KAMILLE L 13623 SW MICHELLE CT 13611 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 z~~ - ~ (P9 • of,s-) • 2S104CA-04200 2S104CA-04300 LAMBERT KYLE & MARCIA SHERMAN J M . 13589 SW MICHELLE CT PO BOX 1354 . TIGARD, OR 97223 LAKE OSWEGO, OR 97035 2S104CA-04400 2S104CA-04500 WOLOSCHUK DANIEL CYRIL AND SCOTT ROBERT BRUCE & 13537 SW MICHELLE CT 13521 SW MICHELLE CT TIGARD, OR 97224 TIGARD, OR 97223 2S 104CA-04600 2S 104CA-04700 PRICE CRAIG R AND PATRICIA V JANSEN KEVIN L& LISA M 13556 SW MICHELLE CT 13574 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 2S 104CA-04800 2S 104CA-04900 . • ELLIS GREG E SUNNES PHILLIP & 13592 SW MICHELLE CT 13620 SW MICHELLE CT . TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-05000 ' 2S104CA-05100 BECKER TIMOTHY J SMITH MARK H 13646 SW MICHELLE CT 13668 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-05200 2S104CA-05300 COKER STANLEY S& PATRICIA M HENRY GARY & E JEANNE 13684 SW MICHELLE CT 13188 ESSEX DR TIGARD, OR 97223 TIGARD, OR 97223 2S104D6-00300 2S104DB-00400 BISACCIO & PETRARCA HOMES LLC CASCADE WEST CONSTRUCTION CORP 10938 SE AZAR DR 10445 SW CANYON RD #103 PORTLAND, OR 97226 BEAVERTON, OR 97005 2S104DB-00500 2S104DB-00600 ' DALTON CONSTRUCTION INC BICKEL BRENT EDWARD & ANDREA OS 8465 A SW HEMLOCK ST 13585 SW WHITENALL LN PORTLAND, OR 97223 TIGARD, OR 97223 2 4DB-05300 TIGAR DIST 8841 CO IAL ARD, OR 97233 • • AFFIDAVIT OF MAILING CITYOFTIOARD Community (DeveCopmcrit • Sfiapingfl (BetterComvruriity S7ATE oE oUGoirv- ) County of WasFiington )ss. City of 7'igard ) I, r1'atricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Admim:straave SpeciaCut II for the C'ity of 7~igard, WasFiington County, Oregon and that I served the following: (Cnedc nppropriate Box(s) Bebw) ❑ NOTICE oF PENDING LAND USE APPLICATION FOR: ~ AMENDED NOTICE (File NoJName Reference) ❑ City of Tigard Planning Director R NOTICE OF DECISION FOR: ~ AMENDED NOTICE (File NoJName Reference) ❑ City of Tigard Planning Director 0 NOTICE OF PUBLIC NEARING FOR: L7 ICA1999-00003/BOYLE ANNEXATION / 8/24/99 ~ AMENDED NOTICE (File NoJName Reference) (Dale ol Publlc HaaAng) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission Q Tigard City Council 0 NOTICE OF FINAL ORDER N0. FOR: L7 I ~ AMENDED NOTICE (File NoJName Reference) (Date of Publlt HoaAnps) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council • (Type/Kind of Notice) FOR: d I (File NoJName Reference) (Date of Publlc Hearlnp, II appllpble) A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[Sl of which is attached, marked"B it "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked E1(hlblt'B", the 2°d d A111 pS Z1999n2ddeposited in the United States Mail on the 2°" day of Au9ust,1999, postage pr paid. (Person a pare otice Subscribed and sworn/affirmed before m n the _E~ day of ' 191~. ~ OFFIGAL SEAL DIANE M JELDERKS NOT/IRY PUBUC-0REGON coMMassior, nw. 326678 Nhl Commission Expir : ~7Z3 MY COUAMISSION EXPIRES SEPT. 07.2003 . • G C-t\- ► Co - c:xkxD 3 . COMMUNITY NEWSPAPERS, INC. Le98l P.O. BOX 370 PHONE (503) 684-0360 NOtICe TT 9465 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard • ❑ Tearshest Notice 13125 St'd Hal l Iilvd. • e followin 7:30 l M~ at the Tiberd CrvigeCenteiY CT1wn HII Room~' ''Pigard,Oregon 97223 ❑ DuPlicate Atfidavit 24, 1999 at Il 4 13125 SW Hall Blvd., Tigard, Oregon 97223. Both public oral and written • Accounts Payable • testimony, are,invited. The public hearing on this.matteriwill be conducted in accordance with Chapter 18.390.060E ofthe'Tignrd Municipal Code ' and rules and procedures of the Tigard City Council. Further information. • may be obtained from the Planning Division aI,1?125 $W Hnll Blvd., • Tigard, Oregon 97223, or by calling 639-4171.' ' AFFIDAVIT OF PUBLICATION PUBLICHEARING: ' ' • . . . • ZONE.CHANGE ANNEXATION [ZCAJ 1999-00003 STATE OF OREGON, >gg . • ' > BOYLE ANNEXq.TION < ' " ' • COUNTY OF WASHINGTON, The applicant has requested to Annex one (1) parcel consisting of 1.32 1 , u~,+h~ ~n~r7~r acres into the City of Tigard. LUCATIONi'73640 SW Fern Stroet; being first duly sworn, depose and say that I am the Advertising WCTM 2S104BD, Tax Lot 02200. APPLICABLE REVIEW Director, or his principal clerk, of theTtgarA-mnal ati n'Pimes CRITERIA: Community Development Code~Chapters 18:320•and a newspaper of genecal circulation as defined in ORS 193.010 18•390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 r; A in the Requirements. , . . . , i.. and 193.020; published at qa r ALL' DOCUMENTS AND APPLICABLE~CRITERIA' IN THE aforesaid county and state; that the ABOVE-NOTED FILE ARE AVAILABLB FOR' INSPECTION AT NO Znna C`hangE+-Aayl e Annexation COST OR COPIES CAN BE OBTdINED FOR.TWENTY-FIVE CENTS a printed copy oi which is hereto annexed, was published in the (25¢) PER PAGE, OR THE CURRF,NT RATE CHqRGED FOR COPIES entire issue oi said newspaper for T4J0 successive and AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS consecutive in the following issues: PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FpR.INSPECTiQN AT NO COST,.OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25¢) PER AACE, OR Auqu st 5,12 ,19 9 9 ' THE CURRENT RATE CHARGED FOR COPIES'AT THE T1ME OF THE REQUEST. • g i: . r °y. . ' _ . . iit:C:, ; ' ' ' - rIEIIN^~~{,1 1i . ' . Subscribed and sworn to b fore me this7•zth day of Auqust, 1999; ~ • r . ~ ~ . , . • wne . AxaEuiroM.. Negon ' ~ ~ _~"~r,'.~--I ` i . • ublic for Oregon ~ ro . My Commission Expires: M . ~ ~ '~r:';.~; ~ r ••'~1~ , .~aaM~w. • AFFIDAVIT anum ' ~r.r' i-•ra b, ..7~~1:'•ti :iil.i.~~il: . . _ ; TI;9465~f,f?ublis6 August 5, 12, 1999. ~ V JvV MHKC:IA DR ;4 ~ I ~ GEOGRAVNIC INfORYAiION dY6TEY > NSI ~ OF ~ TIGA~Rl) 0 VICINITY MAP i 0 cn I SW WALNUT LN ~ ~ ZCA 1999-00003 > C/) Q H Rc ~ F . BOYLE . M W ~A~ , Q Nvr A~I~IEXAT1~01d U) ~ ~ ST ~ M r- , , ~ suBJEC SW OOE LN SITE SNADED AREA INDICATES 1NSIDE OF THE TIGARD CITY LlMITS . ~ N 0 100 200 300 Feet 1'= 242 feef O H GAR C W . ~ Q City of Tigard _ ` v Infortnation on this map is for penerel lowlion onty and ~~rEh Q~ N should be verified wiih the Development Servicea Divizion. ' d ~ ~ T9a OR 97223 ~ ' vV O~ ~ m • (503) 639-4171 ~-'~~d1CHELLE CT h~~j,~..~.G.ti9ab.or.u, ~ Plot date: Jul 7, 1999; Csjmag1c1MAGIC03.APR Coenenunttp Develapmewt JVV MHK~;IA DR . ~ z . > a,'D E OF TIGQ`RD ~ ~'TV ~'EOGNAFMIGIMF00.YATIOMBVSTEY ~ - ~ W 0" VICINITY MAP IM II~ sW W ` \ ~ (n ~ ALNUT LN ~ i co Cl) ' w ~ lCA 1999-00003 ~ > I Q \ - - - - - - - - I M ROS ' BOYLE ~ ~ w 3: Q ANNEXATION U) _ ~ ~ ST ~ M ~ ~ ~ ~ suBJEc - ~ SW DOE LN sITE SHADED AREA INDICATES INSIDE OF THE TIGARD CITY LIMITS ~ . N 0 100 200 300 Feet 1'= 242 teet OF HE GAR C T W . Q ~ City of Tigazd IntortnaGon on Uus map is tw generel location anly anA f- wHirFh O` N should be verified with ihe Development Servicea Division. 13125 SW Hall Blvd A, N(~`~nG Tigard, OR 97223 (503) 639-4177 CHELLE CT ~ ~ In httpJ/www.ci.UBard.or.us Community Development Plot date: Jul 7, 1999; C:jmagfcjMAGIC03.APR . • CITY OF TIOARD Community ~DeveCopnrcrit ShapingA BettcrCommunit CITY OF TIGARD 4NasFiington County, Oregon NOTICE OF FINALORDER BYTNETIGARD CITYCOUNCIL Case Number: ZONE CHANGE ANNEXATION (ZCA) 1999-00003 Case Name: BOYLE ANNEXATION Name of Owners: Thomas and Carol Boyle Name of Applicant: Same as Owner Address of Applicant: 13640 SW Fern Street Tigard, OR 97223 Address of Property: 13640 SW Fern Street Tigard, OR 97223 Tax Map(s)/Lot No(s).: WCTM 2S104BD, Tax Lot 2200 A FINAL ORDER INCORPORATING THE FACTS FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION. THE CITV OF TIGARD CITY COUNCIL HAS REVIEWED THE APPLI~ANT'S PLANS NARRATIVE MATE I, C MMENTS OF REVIEWING AGENCIES THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR 5E APPLICATjON DESCRIBED IN FURTHER DETAIL IN THE STAFF RtPORT. THE CITY BASED ION THE FACTS LFIND NGS AND CONClUSIONS CONTAINED WITH N THIS FINAL ORDERDING THIS APPLICATION. THIS DECISION HAS BEEN Request: ➢ APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements. one: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Pe Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detache and attached units for medium density residential developments. Ac ion: ➢ 19 Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 0 Owners of Record within the Required Distance 19 Affected Governmental Agencies 0 The Affected Citizen Involvement Team Facilitator 0 The Applicant and Owner(s) Final Decision:'* THE DECISION WAS SIGNED ON , 1999, AND BECOMES EFFECTIVE ON ' 1999. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. ~ • ~ CITY OF TIOARD CommuniCy ~Devclopment Shaping A Bettcr Comraunity PUBLIC HEARING NOTICE AND REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 24, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: DATE: lulY 8,1999 T0: PER AITACHED FROM: City of Tigard Planning Diuision STAFF CONTACT: lulia Powell Halduk, Assoclate Planner Phone: 150316394111 / Fax: (5031684-1291 lONE CHANGE ANNEIIATION [ZCA] 1999-00003 ➢ BOYLE ANNEIIATION Q The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the Cityof Tigard. LOCATION: 13640 SW Fern Street; WC1~M 2S104BD, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Communit Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization~. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. Attached is the VlCillity M8p for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 23,1999. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE fOLLOWIN6 ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (rnlease pravicfe the foQ'ozving inforntation) Name of Person(s) Commentlng: Phone Number[sl: ZCA 1999-00003 BOYLE ANNEXATION REQUEST FOR COMMENTS/NOTICE OF PUBLIC HEARING , ~ • ~ REQUEST FOR COMMENTS * NOTIFICATION LIST FOR LAND USE a COMMUNITY DEVELOPMENT APPLICATIONS cIT Area: cc] cE] (s) M CIflZEN INYOLVEMENT TEAMS [a Piace lor revfaw In llbrary CiT Book(sl FILE NO[Sl.: Zc4 99-o0D-3 fllE NAME(Sl: a CITY OFFICES L<ONG RANGE PLANNING/Nadine Smith, s,wi.« COMMUNITY DVLPMNT. DEPTJoN;,nw.s<,.r.a,nKmn, Lf"POLICE DEPTJJim Wolf, oa- a,-Mwn one„ BUILDING DIVJDavid Scott, euwirgonidw -6,-IfNGINEERING DEPT./Brian Rager, o,a,mm.R-bwengm- ,yWATER DEPT./Michael Miller,UllMksManupor CI7Y ADMINISTRATION/Cath Wheatle , c.Yao«ew e%OPERATIONS DEPTJJohn Roy, PropsnyM.-P. OTHER . SPECIAL DISTRICTS TUAL. HILLS PARK 8 REC. DIST.*_ TUALATIN VALLEY FIRE 8 RESCUE * TUALATIN VALLEY WATER DISTRICT *MfONIFIED SWRGE. AGENCY * Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N. First Street Beaverton, OR 97006 (place in pick-up box) Beaverton, OR 97075 Hillsboro, OR 97124 LOCAL AND STATE JURISDICflONS CITY OF BEAVERTON ~ CITY OF TUALATIN ~ OR. DEP.T. OF FISH 8 WILDLIFE OR. DIV. OF STATE LANDS Pianning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE Mike Matteucci, Neqnbft. coora. PO Box 369 PO Box 59 Salem, OR 97310-1337 PO Box 4755 Tualatin, OR 97062 Portland, OR 97207 BeaveRon, OR 97076 ~ OR. PUB. UTILITIES COMM. ✓ METRO - LAND USE 8 PLANNING OR. DEPT. OF.GEO. 8 MINERAL IND. 550 Capitol Street, NE CITY OF DURHAM ~ 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380 City Manager Portland, OR 97232-2736 Portland, OR 97232 PO Box 23483 US ARMY CORPS. OF ENG. Durham, OR 97281-3483 Paulette Allen, Gmwlh ManapememCoortlinator OR. DEPT. OF LAND CONSERV.B DVLP 333 SW First Avenue _ Mel Huie, GreenspaceSCooNinator(CPA'S20A's) 635 Capitol Street NE, Suite 200 PO Box 2946 CITY OF KING CITY * ~,4ETT ~~p ~ Salem, OR 97301-2540 Portland, OR 97208-2946 City Manager E D Y C MISS N 1530 0 SW 116th Avenue 0 go tree OREGON DEPT. OF TRANS. (ODOT) °~ASHINGTON COUNTY King City, OR 97224 1 ui 0 Aeronautics Division Dept. of Land Use & Trans. , 7 -21 Tom Highland, Plannhq 155 N. First Avenue CITY OF LAKE OSWEGO ~ 3040 25th Street, SE Suite 350, MS 13 Planning Director OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124 PO Box 369 Bonneville Power Administration _ Brent Curtis (can•s) Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferrera ODOT, REGION 1~ Scott King (cPn•e) ' PO Box 3621 Sonya Kazen, oHpmt. Rev. cooro. Mike Borreson (enoinoor) CITY OF PORTLAND Portland, OR 97208-3621. 123 NW Fianders Jim Tice (Icn•a) David Knowles, Ptannirq eureau oir. Portland, OR 97209-4037 ~i?,Tom Harry ccuRem ri. nuus.> Portland Building 106, Rm. 1002 _ OREGON, DEPT. OF ENVIRON. QUALITY ' aPhil Healy(curreMPi, now.) 1120 SW Fifth Avenue 811 SW Sixth Avenue ODOT, REGION 1- DISTRICT 2A ~ Ei1sr.Cartographer (cvAaw) MS,4 Portland, OR 97204 Portland, OR 97204 Jane Estes, Pertnit Speciali5t 5440 SW Westgate Drive, Suite 350 4- f/k .~JkO&./aq ODOT, REGION 1- DISTRICT 2A Portland, OR 97221-2414 Right-of-Way Section (V2C2tans) • Rick Reeves ' 123 NW Flanders • Portland, OR 972094037 • UTILITY PROVIDERS AND SPECIAL AGENCIES _ eORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE R/R, OREGON ELECTRIC R/R (Burlington NoNhemlSanta Fe R/R Predecessor) Robert 1. Melbo, President & General Manager 110 W. 10th Avenue Albany, OR 97321 ~ SOUTHERN PACIFIC TRANS. CO. R/R V'METRO AREA COMMUNICATIONS !-fCl CABLEVISION OF OREGON TRI-MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (n„nexatons onry) Pat McGann Michael Kiser, Project Planner 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court 710 NE Holladay Street Portland, OR 97232 1815 NW 169th Place, S-6020 Beaverton, OR 97005 Portland, OR 97232 Beaverton, OR 97006-4886 .--IfORTLAND GENERAL ELECTRIC w-NW NATURAL GAS COMPANY GENERAL TELEPHONE e~4S WEST COMMUNICATIONS Brian Moore, Svc.Design Consultant Scott Palmer Elaine Self, Engineering Patty Stambaugh, Engineering 9480 SW Boeckman Road 220 NW Second Avenue MC: OR030546 8021 SW Capitol Hill Rd, Rm 110 Wiisonville, OR 97070 Portland, OR 97209-3991 Tigard, OR 97281-3416 Portland, OR 97219 TIGARD/TUALATIN SCHOOL DIST. #23J_ BEAVERTON SCHOOL DIST. #48 TCI CABLE lMOS.E.of Halvrr.of eeM Marsha Butler, Administrative Offices Joy-Gay Pahl, Demographs & Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Medo Road 3500 SW Bond Street Tigard, OR 97223 ' Beaverton, OR 97006 Portland, OR 97232~ ~-0Oiewfes avfoMwgte Mo8eaIew8OoM ir w#891#M soo• of tfce svg'ee~ PitoPaAtfIr Fos aar/wea eiff vRoXefs. /IROlLC! PLANNLR If FLtYONZIBLi FOR 11N9ICAl/N6 IAItlILt TO NOlIFI/ hApattyVnastersvtcnotice.msl 22-Apr-99 ~ CITY , • ' , I~ sw WALNUT LN GEOGRAVXIC INFORYATION SYSTEY n'°"°nsu°° I ~ ~ nua ra oa 1 _ NOTIFICATION ~ ism~eoonn mouoo~so~ ~ ; °°AREA MAP ~ moceoos:o~ ooaoo N ~ (S00-) rnaeomeoo~~ ROS °0°n~aeeooeoa Mm4eooeroo mae~ooo ~ r----~ ~lftD4100&p~ l. ppGJCQ+r~ cT n, I tE1Mi0047110 W tsaaoemo ~ ~,~o 00 0~o a ti~T "M48°°dM "o°° n'°°e'~' 2SM&MV800 z Be i nimZCA I 999-00003 , :sieeeeoboo ~ ST ~ 281menoco ~aeoonoo 29M ° ~owon:~oo B L E mna01nna Dozmo n,osennnu: ~ ~oa 2"oae AN N EXATION ~ 251o42002500 cu~o SW DOE LN B02 t810MCp700 B00 ~ tEtOdB00t800 l51048007200 tsiaeommo Moaeoonoo eot3oo N"CUM suBJEc U"002aoo - SITE Q SHADED AREA INDICATES x 00 ot o0 oac~o: o -:aroweo~sno 00 0 "02OL02 °'U022 8 o INSIDE OF THE TIGARD ~ • 09EA938 0 npaDa 00 w E@0 0 CITY LIMITS WICM 0 EAOi00 83 0 i8 @9E~0 i 00 pq~ptp 04U80 00 ~ ' lSiW0001BU0 _ . i OIGOi00 Q M04111103 oo ar.~ oo F-- w-~IrEH ~ 0 ~ aae104 ao s~aaU M q<<O~ N oa oo 0o r, :sroaoeo ° HE oae~o o macws o: eesoo U) 2sioweoo30 00 l8101C#BSd00 04CC048 0 700 200 300 Feet MU 0 Q t co I t'= 242 feet Sw IDGE T R . Ciry of Tigard Infortnation on this map is for general location ony and should be verified with the Development Services Division. M V~Ali C IlY LI M IT~ 13125 SW Hall BWd 1 I http'Jlwww a.fipaN.o3.ue - I ~-~---1--~ I Community Development Plot date: Jul 7, 1999; C:XmagicjMAGIC03.APR ~ • 2S10400-01600 2S104AC-12800 TIGARD CITY OF BARNES MARK E AND DERNA 13125 SW HALL 12660 SW 135TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S104AC-12900 • 2S104AC-13000 BATTALIA JACK E& CORA C KHALEGHI GHASSEM AND 12700 SW 135TH AVE • 12780 SW 135TH AVE TIGARO, OR 97223 • TIGARD, OR 97223 2S104AC-13100 2S104AG13200 SHEARER THOMAS M& CHERIE M SARICH BOSILJKRA 12810 SW 135TH AVE 17184 SW SUGAR PLUM CT . TIGARD, OR 97223 ALOHA, OR 97007 2S104AG13300 2S104AC-13400 ROUSE ALLEN V& MARTHA H BAXTER BARRY FREDRICK AND 12890 SW 135TH AVE 12950 SW 135TH • TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-00500 2S104BD-00600 , QUINN MICHAEL P& JEAN L WHITAKER EVAN E AND 12615 SW 136TH CT 12665 SW 136TH CT • TIGARD, OR 97223 TIGARD, OR 97223 2S 104BD-00700 2S 104BD-00800 JENSEN NORMAN S& JUDIE L BROWN DONALD B& 13455 NE SCHUYLER ST 13590 SW WALNUT ST PORTLAND, OR 97230 TIGARD, OR 97223 2S1046D-00900 2S104BD-01000 HANSON RUSSELL R& G RUTH TRS ALEXANDER MARION & DOMINIQUE 13540 SW WALNUT LN 12645 SW 135TH TIGARD, OR 97223 TIGARD, OR 97223 2S1 04BD-01 100 2S104813-01200 KVISTAD RODERICK LAMORA SHIRLEY A TR AND . 13535 SW FERN 13585 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-01300 2S104BD-01400 HAVILANO RANDALL AND ROMAN CATHOLIC ARCHBISHOP OF 13625 SW FERN ST 2838 E BURNSIDE ' TIGARD, OR 97223 PORTLAND, OR 97214 2S 1046 D-01600 2S 1046D-01900 WILLIAMS DONNEL AND LAMB CHARLES B AND ZADA M 13865 SW FERN 13770 SW FERN STREET TIGARD, OR 97223 TIGARD, OR 97223 • • • ° 2S104BD-02000 2S1046D-02100 • . EVANS TYLER M& SHAWN R BENETTI MARCO A& SALLY A 13720 SW FERN ST 13650 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S1048D-02102 2S104BD-02200 ' CLARKE JOHN A& NANCY J BOYLE THOMAS G AND CAROL A 54966 MALLARD DR 13640 SW FERN ST BEND, OR 97707 TIGARD, OR 97223 2S1046D-02300 2S1046D-02400 AZARI DAVID J& FARIMAH A BUCKNAM BRIAN & JULIE L 13620 SW FERN ST • 13530 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-02500 2S104BD-02600 VIESTENZ KERRY D& JANICE L . MAGI REIN 13570 SW FERN ST 12905 SW 135TH TIGARD, OR 97223 TIGARD, OR 97223 2S 104B D-02700 2S 1046D-02800 MAY RICK V BERARDI GERARD TRUSTEE 12945 SW 135TH AVE 12985 SW 135TH AVE PORTLAND, OR 97223 TIGARD, OR 97223 2S104BD-04200 2S104BD-04300 BEGO PETER MARIN & ROSENBLOOM ROBERT H& SUE D TRS 13725 SW FERN ST 13749 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 ' 2S104BD-04400 2S1048D-04500 PIPPETT BRET A& LISA M GRAY MARK S& RHONDA J 12774 SW 138TH AVE 13970 SW ROSY CT TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-04600 2S104BD-04700 BARR FRED E& JULIE F BERGSTROM ERIC J& ANN E 13774 SW ROSY CT 13752 ROSY CT TIGARD, OR 97223 TIGARD, OR 97224 2S1046D-04800 2S104BD-04900 ATWOOD JEFFREY P& B J MCCUEN DALE R& VALENTINA M 13728 SW ROSY CT 13745 SW ROSY CT ' TIGARD, OR 97223 TIGARD, OR 97223 2S104BD-05000 2S1046D-05100 TOFTE DANI & ERIC WELL MICHAEL A 13763 SW ROSY CT 13789 SW ROSY CT TIGARD, OR 97223 TIGARD, OR 97223 • • ' 2S1048D-05300 , 2S104BD-05400 WEST JEFFREY T& KAREN R MARVIN RANDALL A& 13756 SW WALNUT LN 13724 SW WALNUT LN , TIGARD, OR 97224 TIGARD, OR 97223 2S 1046D-06200 ' 2S 1046 D-06300 WINGERT RONALD O& RENEE E SKILLMAN MICHAEL P 12665 SW 138TH AVE 408 NW 12TH AVE #201 TIGARD, OR 97223 PORTLAND, OR 97209 2S104BD-06400 2S1046D-06500 KERKERING RICHARD J& SUSAN J CARUSO SAMUEL JOSEPH ANTHONY & 12701 SW 138TH AVE 12739 SW 138 AVE TIGARD, OR 97223 TIGARD, OR 97223 ' , . 2S104BD-06600 2S1046D-06700 WEISENBORN DENNIS R& JACKIE , RANDALL HEIDI M& JAMES C 13827 SW FERN ST 12755 SW 138TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S10413D-06900 2S104BD-07000 BARRETT GORDON W& MELISSA J LOVELY LINDA 13800 SW FERN ST 13796 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 2S1048D-07100 2S1046D-07200 TANNER RANDALL C& JULIE M TIGARD CITY OF 13784 SW FERN ST 13125 SW HALL TIGARD, OR 97223 TIGARD, OR 97223 2S 1048 D-07300 , 2S 104CA-01400 TIGARD CITY OF CLOPTON GEORGE W 13125 SW HALL 13165 SW ESSEX DR TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-01500 2S104CA-01600 WALTERMIRE ROBERT P& ROSEMARY HUNT DANA J& BARBARA D • 13133 SW"ESSEX DR 13101 SW ESSEX DR TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-01800. 2S104CA-01900 LEASCU EMANUELL & ANISOORA L LEASCU EMANUEL & ANISOARA 13739 SW LAUREN LN 11349 SW 135TH ST APT 5 TIGARD, OR 97223 TIGARD, OR 97223 • 2S104CA-02000 2S104CA-02100 THOMPSON BRUCE A& JUDITH K PRESJAK MATTHEW G& CATHI 13711 SW LAUREN LN 13687 LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 • ' • 2S104CA-02200 2S104CA-02300 MEINSCHEIN ROBERT J& SUSAN G YARBROUGH DAVID S& CAROLYN J. 13653 SW LAUREN LN 13625 SW LAUREN LANE TIGARD, OR 97223 TIGARD, OR 97223 - 2S104CA-02400 2S104CA-02500 WILLIAMS SCOTT L RICO DANIEL S& STELLA 13607 SW LAUREN LN 13599 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-02600 2S104CA-02700 BOHRINGER WILLIAM JOSEPH & BARB TORABI MOHSEN AND BETTY JANE 13571 SW LAUREN LN 13543 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-02800 2S104CA-02900 DREILING JAMES S& JUDY R ZIMMEI2MAN JULIE R& 13515 SW LAUREN LN 13520 SW LAUREN LN TIGARD, OR 97224 TIGARD, OR 97223 2S 104CA-03000 2S 104CA-03100 GHITEA NICOLAE JR & CARMEN R EWART COLIN B& JEAN HATHAWAY 13552 SW LAUREN LN 13584 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 2S 1 04CA-03200 2S104CA-03300 JOHNSON DENNIS & SU-LAN KAUNITZ LEON I& MADALINA 13600 SW LAUREN LANE 13616 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 • . 2S104CA-03400 2S104CA-03500 AVIS RICHARD G& JULIANNE VAICIULIS MARK J& MARIANNE 13648 SW LAUREN LANE 13672 SW LAUREN LN TIGARD, OR 97223 TIGARD, OR 97223 . 2S104CA-03600 2S104CA-03700 WALKIEWICZ FRANK R& ELIZABETH REINHARDT DAVID A& PATRICIA M 13694 SW LAUREN LN 13709 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-03800 2S104CA-03900 WASSER ROBERT J& SHERRYL A CONNOLLY KEVIN R& MARCIE 13667 SW MICHELLE CT 13645 SW MICHELLE CT • TIGARD, OR 97223 TIGARD, OR 97223 2S 104CA-04000 2S 104CA-04100 PARZYBOK TIM I AND BONNIE L SAMPER J MARK & KAMILLE L 13623 SW MICHELLE CT 13611 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 . ~ . . 2S104CA-04200 2S104CA-04300 LAMBERT KYLE & MARCIA SHERMAN J M 13589 SW MICHELLE CT PO BOX 1354 . TIGARD, OR 97223 LAKE OSWEGO, OR 97035 2S104CA-04400 2S104CA-04500 . WOLOSCHUK DANIEL CYRIL AND SCOTT ROBERT BRUCE & 13537 SW MICHELLE CT 13521 SW MICHELLE GT TIGARD, OR 97224 TIGARD, OR 97223 2S104CA-04600 2S104CA-04700 • PRICE CRAIG R AND PATRICIA V JANSEN KEVIN L& LISA M 13556 SW MICHELLE CT 13574 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-04800 2S104CA-04900 ELLIS GREG E SUNNES PHILLIP & 13592 SW MICHELLE CT 13620 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-05000. . 2S104CA-05100 BECKER TIMOTHY J SMITH MARK H 13646 SW MICHELLE CT 13668 SW MICHELLE CT TIGARD, OR 97223 TIGARD, OR 97223 2S104CA-05200 2S104CA-05300 COKER STANLEY S& PATRICIA M HENRY GARY & E JEANNE 13684 SW MICHELLE CT . 13188 ESSEX DR TIGARD, OR 97223 TIGARD, OR 97223 . 2S104D6-00300 2S104D8-00400 BISACCIO & PETRARCA HOMES LLC CASCADE WEST CONSTRUCTION CORP 10938 SE AZAR DR 10445 SW CANYON RD #103 PORTIAND, OR 97226 BEAVERTON, OR 97005 2S104D8-00500 2S104DB-00600 DALTON CONSTRUCTION INC BICKEL BRENT EDWARD & ANDREA OS 8465 A SW HEMLOCK ST 13585 SW WHITENALL LN PORTLAND, OR 97223 TIGARD, OR 97223 2S104D6-05300 TIGARD WATER DIST 8841 SW COMMERCIAL TIGARD, OR 97233 CITY OF TIGARD Community ~DeveCopraetct S(a ingA Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = N/A v ~ I~e=. ~~~y FILE NO.: ZONE CHANGE ANNEIIATION [ZCAI 1999-00003 FILE TITLE: BOYLE ANNEXATION APPLICANT/ OWNER: Thomas and Carol Boyle 13640 SW Fern St . Tigard, OR 97223 REQUEST: Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 13640 SW Fern Street; WCTM 2S104BD, Tax Lot 02200. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; and Comprehensive Plan Policy 10 (Urbanization). CIT AREA: West CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: COMMENTS SENT: lUlY9,1999 DUE: lUlY23,1999 ❑ STAFF DECISION DATE OF DECISION: ❑ HEARINGS OFFICER (MONJ DATE OF HEARING: TIME: 1:00 PM ❑ PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 1:30PM 0 CITY COUNCIL [TUESJ DATE OF HEARING: AUGUST24,1999 TIME: 1:30PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION O VICINITY MAP ❑ LANDSCAPING PLAN ❑ NARRATIVE 0 SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY O ARBORIST REPORT ❑ OTHER STAFF CONTACT: lulia Powell Halduk, Associate Planner (503) 639-4171 Ext. 407. ZCA 1999-00003 BOYLE ANNEXATION LAND USE PROPOSAL ANNEXATION PROCESS CHECKLISI* File name ~ ,4 9- OCo 3 File number ✓ Talk with applicant about property and site. Confirm that annexation is possible for this property ~ Applicant submits City Annexation form ✓ Enter application into current Docket book and Tidemark _iZSend letter to surrounding property owners asking if they wish to join annexation. Must e sent out 3 weeks prior to notice being sent, allow 2 weeks to respond. Send out by Send legal description to Engineering to have them check-~~,~ 7/ j9 l" /Schedule City Council public hearing date - (Approximately 8 weeks from the date it is entered into the Docket) CC DATE -4tVL d'- 2# (/Give maps to Patty to make site maps and do notification list Ll~prepare "proposal" for mail-out and ad to paper. Mail and Post notice to affected parties 45 days prior to hearing date (necessary parties are any county, . city or district whose jurisdictional boundary or adopted urban service area includes any part of the affected territory or who provides any urban service to any portion of the affected territory, Metro, and any other unit of local government, as defined in ORS 190.003, that is a party to any agreement for provision of an urban service to the affected territory.) Date notice must be provided 79 '--~Give information to Patty so she can prepare file. Request for comments must be sent byf- F and returned by 7/23 for required availability date ('zn fii+m ~pmvla 2"teks /744re ~~iY •~Oni~~ Send notice of the public hearing to property owners within 500 feet. Date notice must be mailed YI-2- l Zo dq1s Dri or) Publish ad in newspaper once each week for 2 consecutive weeks prior to public hearing. Date of publish dates ;?/3- and $~i2. Prepare Ordinance and staff report. (Must be available 30 days before CC date/Due to Patty and Dick 1 week prior to acket due date). Due for review by Dick and Patty: Date required to be available Packet due to AYLZI dministration (Due to Admin *12 days prior to CC date). Packet due date: Prepare exhibits for Council presentation Council approves Ordinance Certified and signed copy of resolution sent to Metro along with the Metro processing fee of $ within 30 days of adoption. Final order received and forwarded to Patty for her to do Annexation Follow-up procedure with anyone, . not notified by Metro. ~ . 'ANNEXATION PROCESS CHECKLIS'O File name Z_64 1?- 0 00 3 File number ~vle An~P~sa 'I, ✓ Talk with applicant about property and site. Confirm that annexation is possible for this property ~ Applicant submits City Annexation form ✓ Enter application into current Docket book and Tidemark Send letter to surrounding property owners asking if they wish to join annexation. Must e sent out 3 weeks prior to notice being sent, allow 2 weeks to respond. Send out by ~'t✓~~ 7 C~,~~. r~ ~ '-j,, Send legal description to Engineering to have them check Schedule City Council public hearing date - (Approximately 8 weeks from the date it is entered into the Docket) CC DATE C/Give maps to Patty to make site maps and do notification list L.~Prepare "proposal" for mail-out and ad to paper. :Mail and Post notice to affected parties 45 days prior to hearing date (necessary parties are any county, . city or district whose jurisdictional boundary or adopted urban service area includes any part of the affected territory or who provides any urban service to any portion of the affected territory, Metro, and any other unit of local government, as defined in ORS 190.003, that is a party to any agreement for provision of an urban setvice to the affected territory.) Date notice must be provided 7 9 . . Give information to Patty so she can prepare file. Request for comments must be sent by-/- F and returned by ?23 f o r required availability date (sn fiinw -Ja pro v1a~ 2~~ks /744 re7~~yL.- 3o d~ yJ bCl~~ .lrev~~y~ . f the public hearing to property owners within 500 feet. Date notice must be mailed Send notice(20 Publish ad in newspaper once each week for 2 consecutive weeks prior to public hearing. Date of publish dates e/k and 9~i2. Prepare Ordinance and staff report. (Must be available 30 days before CC date/Due to Patty and Dick 1 week prior to acket due date). Due for review by Dick and Pariy: Date required to be available Packet due to Administration (Due to Admin *12 days prior to CC date). Packet due date: Prepare exhibits for Council presentation Council approves Ordinance Certified and signed copy of resolution sent to Metro along with the Metro processing fee of $ within 30 days of adoption. Final order received and forwarded to Patty for her to do Annexation Follow-up procedure with anyone, . not notified by Metro. 6~~~-99 Sw O ~ 7. ~ ~ ~ VE ~ 3 Ul SW 138TH aVE ~ ~ DRtV ~ ~ cn Cf) n ::t y' fTt r ~ r D ~ SW 136TH C ~ G) m ~ I ~ ~ I ' SW 135TH AVE I 135TH AVE i HlK ~ m T o f Cl-d££ L C Y ~ . ~ t • . ANNEXATION/ZONE CHANGE 'TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297 PRE-APP. HELD WITH: DATE OF PRE-APP.: GENERAL INFORMATION FOR STAFF USE ONLY Property Address/Location(s): /3 6y0 sG,/ )qih Case No.(s): Z(',,9 99- o aoo3 Tax Map &Tax Lot #(s): oZSI Oy BD ~40Io4- 7-2-0o Other Case No.(s): Receipt No.:UA site Size: 3 2 4CreS Application Accepted By: ~ ~G~ Date: z Property Owner/Deed Holder(s)" (NOTE: If more than one (I) property owner, please complete the attached petition (orm): /'a7 && Date Determined To Be Complete: Address: /36yO 5w Phone: ~ ~ 73yY~ -7- City: Zip: Current Comp Plan/Zone Designation: Applicant`: Address: Phone: CIT Area: Clty: Zlp: Rev.11/26P98 i:\curpln\masters\annex-zc.doc ' When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession REQUIRED SUBMITTAL ELEMENTS with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written ✓ Application Elements Submitted: authorization with this application. ❑ Application Form PROPOSAL SUMMARY ❑ Completed Annexation Petition for "Double Majority" Annexation (attached) The owner(s) of record of the subject property(ies) request to Annex ❑ Legal Description of Area to be Included / -3 acres into the City of Tigard and a Zone Change in the Annexation Annexation from Washington County's Zone: R- S to City of Tigard Zone: ~i; S (if applicable). The current use of the area ❑ Map Identifying Areas to be Included in the Annexation requesting to be Annexed is: ❑ ApplicanYs StatemenUNarrative of copies based on pre-app check list) ❑ 2 Sets of Pre-Addressed/Pre-Stamped . Legal Size Envelopes 3/S! g/ O ❑ Filing Fee $1,160.00 1 i . ~ , APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject ro e • If the application is granted, the applicant will exercise the rights granted in accordance with the tenns and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are tnue; and the applicants so acknowledge that any peRnit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURE(S) of Applicant(s) representing property owners listed on the attached petition: DATED this day of , 19 Signature Signature Signature Signature 2 . • • THE APPLICANT'S NARRATIVE FOR ANNEXATION REQUESTS MUST PROVIDE FINDINGS TO THE APPROVAL CRITERIA. LISTED BELOW ARE THE APPROVAL CRITERIA FOR ANNEXATION: The Decision To Approve, Approve With Modification, Or Deny An Application To Annex Property To The City Of Tigard Shall Be Based On The Following Criteria: ♦ All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and ♦ The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. The Comprehensive Plan Lists The Following Approval Criteria Applicable To Annexation Requests: ♦ The annexation eliminates an existing "pocket" or "island" of un-incorporated territory; or ♦ The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; ♦ The police department has commented upon the annexation; ♦ The land is located within the Tigard Urban Planning Area and is contiguous to the City Boundary; and ♦ The annexation can be accommodated by the services listed in 10.1.1.(a). The Services Listed In 10:1.1.(a) Of The City Of Tigard Comprehensive Plan Include: ♦ Water ♦ Sewer ♦ Drainage ♦ Streets ♦ Police and Fire Protection ((ontact the individual Departments on the "SERVICE PROVIDER INFORMATION FOR ANNEXATIONS" attached reference sheet (or detailed iniormation on availability o( services to aid in preparing your narrative.) . If the intent is to further develop the property, analysis of available services must be based on future development proposed or anticipated. Please include in your analysis what the existing use of the property is and any future plans for development. If you have immediate plans to develop this property, it is strongly advised to attend a pre-application meeting prior to . submitting ANY land use applications with the City of Tigard. i:\curpl n\masters\revised\a nnexnar.mst 11-Dec-98 . • • SERVICE PROVIDER INfORMATION fOR ANNEXATIONS This list has been compiled to provide staff contacts to aid in addressing the availability of services required for annexation narrative (Current as of 2/4/99) WATER City of Tigard - Water Department Mike Miller, Utilities Manager (503) 639-4171 x395 SANITARY SEWER/STORM DRAINAGE City of Tigard - Engineering Department Greg Berry, Utilities Engineer (503) 639-4111 x313 V STREETS MAINTENANCE OF EXISTING STREETS ABILITY TO ADEQUATELY PROVIDE STREET SERVICES City of Tigard - Public Works Department City of Tigard - Engineering Department Howard Gregory, Streets Supervisor Brian Rager, Development Review Engineer (503) 639-4111 x391 (503) 639-4171 x318 POLICE City of Tigard - Police Department EMERGENCY CALLS: 911 Jim Wolfe, Crime Prevention Officer (S03) 639-4111 x220 fIRE (Services are already provided) Tualatin Valley Fire & Rescue EMERGENCY CALLS: 911 General/Non-Emergenry Questions (503) 649 8511 OTHER CONTACTS THAT MIGHT BE HELPFUL Washington founty Election's Office: (503) 648-8610 Washington Counry Assessor's Office (Department of Assessment & Taxation): (503) 648-8741 Tualatin Valley Water District (TVWD): (503) 245-3331 Unified Sewerage Agenry (USA) Customer Service Department (503) 648-8621 NOTE: ADDITIONAL QUESTIONS ON ANNEXATION PROCEDURES SNOULD BE DIRECTED TO JULIA HAJDUK/ASSOCIATE PLANNER AT THE CITY OF TIGARD (503) 639-4111 x401 i:\curplnlmasterskevised\anexsvcs.mst TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: ' We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and give consent to, Annexation of said property to the Lit y of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner ' RV - Registered Voter PAGE OF OV - Property Owner & Re istered Voter I AM A PROPERTY DESCRIPTION • SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Preanct DATE Section Number Number Number q o .qs e /36~/o SG✓ F-e. oa cats=,k,6 Q R A~," ,o [3o e t/ ! 36 0SZv F'e t- ~ i:\curplnXmastersUevisedlanxpetn.mst 4-Feb-98 . • • k THIS SECTION IS TO 8E {OMPLETED BY WASHINGTON COUNTY ASSESSOR'S OFfICE CERTIFICATION OF PROPERTY OWNERSHIP (Double Majoriry Method) I hereby certify that the attached petition for annexation of the territory described therein to the City of Tigard contains the names of the owners` of a majority of the land area of the territory to be annexed, as shown on the last available complete assessment role. NAME: TITLE: DEPARTMENT: COUNTY OF: DATE: ~ indiates that "Owner" means the owner of the dde to real properry or the cantnct purcfiuer o( real property. THIS SECTION IS TO BE COMPLETED BY WASHINGTON COUNTY ELECTIONS OFFICE I CERTIFICATION OF REGISTERED VOTERS I hereby certify that the attached petitian for annexation of territory described herein to the City of Tigard contains the names of at least a majority of the electors registered in the territory to be annexed. NAME: TITLE: DEPARTMENT: fOUNTY Of: DATE: i:\arpln\masters\revued\certify.mst II-Dec-98 DOUBLE MAJORITY WORKSHEET FOR ANNEXATION TO THE CITY OF TIGARD . Please list all properties/registered voters included in the proposal. ( If needed, use separate sheets tor additional listings.) **PROPERTIES** PROPERTY DESIGNATION (Tax Lot Numbers) NAME OF PROPERTY OWNER TOTAL ACRES ASSESSED VALUE OF THE PROPERTY IG ED ETITION YES NO TOTALS: ' - **REGISTERED VOTERS** ADDRESS OF REGISTERED VOTER NAME OF REGISTERED VOTER SIGNED ETITION YES NO 1; TOTALS: : **SUMMARY** i:\curpln\mastersUevised\anxwksht.mst 15-Dec-98 TOTAL NUMBER OF REGISTERED VOTERS IN THE PROPOSAL: NUMBER OF REGISTERED VOTERS WHO SIGNED PETITION: PERCENTAGE OF REGISTERED VOTERS WHO SIGNED PETITION: TOTAL ACREAGE IN THE PROPOSAL: ACREAGE SIGNED FOR: PERCENTAGE OF ACREAGE SIGNED FOR: TOTAL NUMBER OF SINGLE-FAMILY UNITS: TOTAL NUMBER OF MULTI-FAMILY UNITS: TOTAL NUMBER OF COMMERCIAL STRUCTURES: TOTAL NUMBER OF INDUSTRIAL STRUCTURES ! r ZONE CHANGE ANNEXATION APPLICATION CITY OP TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297 PRE-APP. HELD WITH: DATE OF PRE-APP.: GENERAL INFORMATION FOR STAFF USE ONLY . Property Address/Location(s): OnR Case. No. (s)_ Tax Map & Tax Lot #(s): o0 Other Case:.No: s - ,::Receipt No::'~::;;>::;,>: Site Size: 3~ A c~5 ' Application.Accepted:By::'.Pe~'tY awner/Deed Holder(s)': ~Ut~~IIA~L.~ Pro . . . . . . . . . . Address: 1'LP`tU .`A Phone: ecminei..<':''`, : . _ : . ::Date..Detd.:To:Be.,Compiete:._.- . ciri: zip: ~7~?3 Applicant`: ''Comp.PlaNZone Oesignation: : . / ~ Address: _1~t~ ~ su) P~C~ v S-f-Phone: . . . City: Zip: ' When the owner and the applicant are different people, the applicant Re~`.s~ss r`""°'"'"'aste":°°° must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space REQUIRED SUBMITTAL ELEMENTS provided on the back of this form or submit a written authorization with this application. ✓ Application Elements Submitted: PROPOSALSUMMARY ❑ Application Form The owners of record of the subject property request a Zone Change nary om ms " Annexation from Washington County P -7 to Tigard P'L7 (if applicable) and a Zone Change from Washington O Owner's Signature/Written Authorization County to Tigard p Title Transfer Instrument or Deed Q Site/Plot Plan of copies based on pre-app check list) (provide any additional information here) p Site/Plot Plan (reduced 81/:"x 11 p Applicant's Statement (it of copies based on pre-app check list) p Filing Fee $1,160.00 1 APPLtCANTS: To consider an applicatioa complete, you will need to submit ALL of the REQUIRED SUBMITTALLELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Infonnation shests can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: .The above request does not violate anv deed restritions that mav be attached to or im oo sed uAOn the subiect propertv • If the application is granted, the applicant wiil exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approvai. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the appiication. ~ J SIGNATURES of g-qg-h owner of the subject property. - DATED this IL_day of ~ t~(. • Owner's Signature Owner's Signature Owner's Signature Owner's Signature 2 . ' • • August 24, 1998 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Gentlemen: Thank you for your prompt response to our inquiries on connecting to City of Tigard sewer services. As we have discussed, it is our intent to connect to the sewer system as a solution to our septic system problems, and to be annexed by the City as soon as possible. We are forwarding all necessary forms and fees to accomplish both the sewer connection and the future annexation. Please also consider this letter as our formal waiver of non- remonstrance as regards the City's annexation process. Please contact Carol or Tom at 524-7344 (H) or 684-5904 (W) if you have any questions or need additional information. Sincerely, ~ • I o-'~-- Tom and Carol Bo 13640 SW Fern Street Tigard, OR 97223 The sketch below is made solely fo~ purpose of assisting in locating said premises and the,. company assumes no liabili r variations, if ~any, in dimensions S location • ascertained by actual survey. . ' . ~g TICOR TlTLF. INSURANCE 23 L . • , ~ - - 0 --•-•~.v- - - - - - - . _ . _ 1 ~ 4500 29a 4600 61-L1 ~ . p 2i0' W.W w. 6500 1300 1200s evo 3r' e 24 - q 5 1100 ~ 14W .49. AC. .49 AC. .50 AG' 50, ` 6600 6700 40, 55.01 ~ 4200 •51 AC. L~ Q r I r~~I -r ~ ~ 4400 4300 1 l) _ J ! 0 ~ I 0-1 10 I I 12 ~ a25N 26 ~ ~ w w ^ 1M COR LUT Z 3 2 '5 I- 7 8 ' HANDY AGILi -'O. s a ~ j• 6 0' `IP e' M r' , • f 9' 37, M f ' ArL R,74123 S FERKI ' STREET ~ aI.1o .aos 3174 " 170, ~7d ITo1o 7000 1900 2000 2.100 2102 0.24003 e9°~~+L ~ . /SAC. _ q .35 AG o. 49 AC: 1.37 AC, At. ~ O.f AC. o I ~ L ° 2 ^ o tf: 1eo' M ; 6900 ; . 6/ AC. 2500 4.58 AC. 2 r i "-I 170.06 OO' ' r ^ I . ~ .e~ O~ I d 2600 y ow 27 2 8 29 ' W53 AC. 7100 ^ • I ~0 3 b^ /.74AC. _ 50I I 22D0 /./B AC. iiooe- - /.32 AC.• ~ I 2700 3 I .S3 AC. L ~ ( n I r ^ ~ - 4 1 IQ 3.0! ~ L~ I I 61.63' - L _l)0.09 ' I 2800 ~ I j gs .51 AC. - I ♦ ~ Oi • • ~ - ti 5 ~ . I p U) tNITIAL zzo' sv° ss' so' [ 19o' ioo' POINT N ae°a: c% so o' 17U ITo' 170 ~ ~ ~ N . SEE MAP a a 2S I 4CA ~ . F- - w I c n^ • • 85036102 ~ a ' AFTER RECORDINC, RETURN T0: UNTIL FURTHER NOTICE, ALL FUTURE • TAX STATEMENTS SHALL BE SHNT T0: ` Thomas G. Boyle Thomas G. Boyle ~ Carol A. Boyle Carol A. Boyle p'o 6790 SW 180th 6790 SW 180th N Aloha, OR 97007 Aloha, OR 97007 ~ STATUTORY WARRANTY DEED LIn ' MICHAEL L. WELCEt\and KAREN K. WELCH, husband and Wife, Crantor, conveys and warrants to THOMAS G. BOYLE and CAROL A. BOYLE, uu husband and wife, Grantee, the follor+ing described real property ..,1 free of encumbrances except as specifically set forth herein situated in Washington County, Oregon, Lo-wit: F-~ I-~ See Exhibit "A", attached hereto and by this reference n= incorporated herein. d W The said property is free from encumbrances except for 1985-86 ~ taxes, a lien not yet payable; Statutory Por+ers of Unified Ser+erage Agency; Conditions and Restrictions in Deed recorded 11-28-52, Book 339, Page 239; Conditions and Restrictions in Deed recorded 11-12-46, Book 267, Page 493; Easement and Maintenance Agreement recorded 1-30-79, Fee #79003826; Declaration of Conditions, Restrictions recorded 1-30-79, Fee #79003827; Resolution and Order for Assessment for street improvements recorded 10-2-84, No. 84-207. This instrument does not Quarantee that any particular use may be made of the property described in this instrument. A buyer should check with the appropriate city or county planning departmenL to verify approved uses. The true consideration for this conveyance is $33,500.00. Dated this ~ day of SeptenbeT 1985. ""L) , w-eX c.(' MICHAEL L. WELCH )6R K. 4/ELCH' ~ WASHINGTON COUNTY REAL P~ ROP£ORTY TRAN fEN TAX STATE OF ORECON County of IJASHINGTON FEE PpIp Da7E Persorial,ly,.;appeared the above named Michael L. Welch and Karen K. We~'.ch•aiYdracknoWledged the foregoing instrument Lo be their voluritary~ aC.t Jan.d deed. C,l(A ,i.,~e_. ' , ..•,t:;~, ; N ary Publ ic For • ' ;Oregon ' ;My commission expires :2-21-87 1 ~ . ~ ' ' ' • / n ST ` F OREGON SS Courof Washington AFTER RECORDING RETIIRN TO : I, Jerry ~q_ of Assess- / ~QJT19 ~ ~p ment andn a~ io County Clerk for ~ ~ r rtify that City Hall Records Department the with* i tr < eceived ar,d re raE CitY o f Tigar d county. of said 13125 SW Hall Blvd. r`• > Tigard, OR 97223 i,pn ~I)'7`R: ~ r~s1 ,.~irector of ~tstr8da sfaxation, Ex- .~~Q;,-C~~~f~Ierk NO CHANGE IN TAX STATEMENT t Doc : 98135237 Rect: 221472 31.00 12/01/1998 10:15:45am CONSENT TO ANNEXATION FOR PROVISION OF iTRBAN SERVICE WHEREAS, the. undersigned _TroN.t*3 d- A . RoaLr warrant that they are the sole owners of real property in Washingt n County, Oregon, which is located outside the corporate limits of the City of Tiga'rd, and is described: IN EXHIBIT "A", ATTACHED HERETO, AND INCORPORATED BY REFERENCE HEREIN and have applied for permission to connect to the sewer system owned and operated by the City of Tigard; and the undersigned understand that: 1. This agreement is a binding contract between the City of Tigard and all persons who presently have an interest in the property or who acquire an interest in the property in the future. 2. The City has a right to refuse to extend services beyond its corporate limits and in consideration of this agreement will require the undersigned to agree to annexation and to waive the ' right to remonstrate and to vote on the annexation. 3. State law provides that annexation may take place in a number of different ways. Some methods involve a written consent to annex and some methods include the right to remonstrate against the annexation and/or involve the right to vote on the annexation. Some methods require the City to file a Notice of Intent to Annex with the Boundary Commission. State law provides that a consent to annex is valid for a one-year period unless the time limit is expressly waived. 4. Failure by any party having an interest in the property affected by this agreement to adhere to the terms of this agreement entitles the City to discontinue the service. Page 1 of 3 / ~ • • • NOW, THEREFORE, in the event the City of Tigard, in its discretion, furnishes sewer service to the above described land, then in consideration and as a condition of such furnishing of sewer service the undersigned and each of them, for themselves and for their successors in interest, agree and covenant to the City of Tigard and to the present and future owners of any property affected by the furnishing of City sewer service to which this covenant and agreement relate that: 1. The undersigned agrees to waive the requirement that a Notice of ' Intent to annex be filed with the Boundary Commission or any other prerequisite to annexation set forth in state law at the time of annexation. 2. Annexation of this property may take place by any means allowed by state law at the time of annexation, and this agreement constitutes an agreement to annexation by any method selected by the City. 3. In the event the type of annexation used involves a written cons.ent to annexation, this agreement constitutes a consent to annexation. It shall be used as a consent for each required consent if the property owner satisfies the requirements set forth by law. Further, the agreement constitutes an express waiver of the one year limitation on the consent form and the undersigned intends this consent to be valid in perpetuity. For administrative purposes, the undersigned agrees to sign the requisite consent forms and the waiver of the one-year period at the time of executing this agreement. 4. In the event the type of annexation used involves the right to remonstrate, this agreement constitutes a waiver of the right to remonstrate and a remonstrance by anyone having an interest in the property affected by this agreement shall be void. 5. In the event that the type of annexation used involves a vote, this agreement constitutes a waiver of the right to vote on the annexation by a person in possession or ownership of the property .who is qualified to vote on the annexation. Further, those persons.shall be counted as a yes vote on the annexation. 6. Upon extension of the sewer service to the property, the property will be connected to the City's sewer service system and will pay the charges and fees imposed by the City for the connection and service. 7. The property owner hereby agrees to pay the City of Tigard Park Systems Development Charge prior to the issuance of a sewer permit for any new dwelling unit. 8. This covenant and agreement shall run with the land, shall be recorded in the Washington County deed records and shall be binding on the undersigned and all successors in interest of any property affected by the furnishing of domestic water to any property described by this agreement. Page 2 of 3 ~ ~ • • 9. Should any portion of this agreement be declared void by a, court of law, the remaining portions of this agreement shall remain in full force and effect. Dated 19 Signatures of owner(s): C~ LX/ Signature ~ ~igna re )Hw0"A5 G- • o V4-c-- v~- Print Nam Print N e gZj 13 6 y o 5Lae Fv.~w -Ttrz & Address Addr s e4AD 06~ 9 7 z2-3 STATE OF OREGON ) IN4Sh ing~p~ ) ss . COUNTY OF ) P sonally appeared be~ re me on the •3~5~ day of ai~[,u 4' , /9_ D20VS G• &f412 - who acknowledged that the foregoing was hi voluntary act and deed. OFFIClk 5E,L a- ~a.~- 813i1q~ BARBARA Q MARINEAU Notary Public for Oregon ~ ; NOTAR`! PUBLiC • OREGON COMMISSi0NN0 306405 My Commission Expires: k9lWDl MY COMMISSION EXPIRES OCT 30, 2001 ' Accepted on behalf of the City of Tigard this day of Ol/ ~ n ignat-ure ~7Ss'~DG4~G ~/9~1~11~ Title dj/San-Sew.Agr Page 3 of 3 2 J , . • . ~ J TICOR TITIE INSURANCE Report No. W669931-NS LEGAL DESCRIPTION A tract of land located in Lots 28 and 29, HANDY ACRES, in the Southeast one-quarter of the Northwest one-quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon, described as follows: Beginning at a point on the North line of Lot 28, HANDY ACRES, which is 20 feet West of the Northeast corner thereof; thence South 320 feet, more or less, to a point on the South line of the North one-half of said Lot 28; thence West along the South linr. of said North one-half 120 feet, more or less, to the Northeast corner of that tract conveyed to Conrad Sproul described in instrument ' recorded May 2, 1979, Recorder's Fge No. 79016806, Washington County Deed Records; thence South along the East line of said Sproul Tract and the East line of that tract conveyed to Charles B. Lamb, et ux, by Deed recorded May 22, 1979, Recorder's Fee No. 79019801, Washington County Deed Records, to a point on the South line of said Lot 28; thence East along said South line to the Southeast corner of said Lot 28; thence continuing East along the South line of Lot 29 to the most Southerly Southwest corner of that tract conveyed to Samuel A. Gotter, III, by Deed recorded November 6, 1978, Recorder's Fee No. 78048717; thence North 0° 42' 48" East pazallel with the West line of Lot 29, 144.95 feet; thence South 89° 43' 36" West parallel with the South line of Lot 29, 64.63 feet; thence North 0° 42' 48" East 495.95 feet parallel with the West line of Lot 29 to a point on the North line of Lot 29 which bears North 89° 33' 58" East 5.0 feet from the Northwest corner thereof; thence West along the North lines of Lots 29 and 28, 25 feet, more or less, to the point of beginning. , 5 ' I he sKetcn below is made soieiy tor tne purpose ot assiscing.in iocating saia premises ana ~ the company assumes no liabili •r variations, if any, in dimensions •location • ascertained by actual survey. , . . ~ TICOR 7'ITLF. INSURANCE . - - ~..ti~- _ - - . - . ' 23 LL, - 4. ~a•io zoa° LL~ ~ 155.9e 210. . 4500 4600 , 6 n . 6500 ~4 1300 120e e9* 37' E 1100 24 ° a 4 0 5 1400 .49. AC. .49 AC: .50 .4C. 100 ~ Q w . 50, oo' 600 6700 sd e.ei 4200 ,5/''~ LI r~ r ` . 4400 4300 1.1 ~ J lJ _ J ~ I " ~ 10 12 ~ 25 N 26 a~ N o = 0 3 2 ~I COR LOT 2 s. '5 I- 78 0.46 ~ 00' N' 1/ANOY AGtC! f f9' b7' w , R,,,,=s SRj FE R1J ' STR EET . 0 63.7p taOS 76.74 67 170' (7tf ITO~ 16 .2400e ev* 7000 1900 2000 2.100 .•2102 o g` w . /,SAC. o .35 AG o . /.49 AG: 1.37 AC. //AC. /.OJAc. b I ~ L ~ 2 ~ R . r 180' ~ 6900 2500 .61aC. X.SBAC. ~ e ~ ~ ~ • I 2 e, 170.06 _ ~ • o 27 28 I ~ 2600 W • 00 29 • .53 AC. n W 'n 7100 ~0 3 b= i. 74.ac. Lt - - ~ _ _ 60' I 2300 I 2200 /./B AC. " 17046 /.32 AC.• I ~ 3~ ~ I 2700 .s3 Ac. ~ I n ~ 4 - , ~ I ia~.oe • ~170.09 I . 2800 I ~ ' I P Ks.S/ AC. I . . - ~ I f I1q O - a 5 „ Cn INITIAL ~ zzo' sv° 43' so' t iao' 100' POINT N e9°.i t~ so .70 170' o' iio' 11 o ~ ~ N . SEE MAP a a 2S I 4CA ~ w • ~c I ~ I~ WASH. C0. ELECTIONS TEW-503-693-4854 Jun 99 10:00 No.003 P.01 WASHINGTON COUNTY OREGON FAX CiOVER SHEET TO: . fROM: Julia Hajduk "T" Larson FAX NUMRER: 684-7297 COMPANY: WASH/NGTON COUNTY ELECT/ONS DATE: TIME: FOR INFORMATION CALL: 503-648-8670 6-18-99 10:05 am PAGES SFM FNC NUMBER: 503-693-4854 INGLUDING GOVER SHEET: 1 As of this date, the following persons are registered votere at 13640 SW Fern St., Tigard: Carol A. Boyle Thomas G. Boyle pepartmant of Assassmont & Taxetion, Elections Division 150 North First Avenue, MS3 Hillsboro OR 97124-3088 Phone: 503/648-8670 Fax; 503/693-4854 y KJt... ~S CITY OF 11GARD " OREGON June 18, 1999 David and Farimah Azari 13620 SW Fern Street Tigard, OR 97223 Dear Mr. And Mrs Azari: The City of Tigard is processing an annexation for your neighbor at 13640 SW Fern Street. As part of our standard processing we are contacting you to see if you would be interested in being included in this annexation proposal. The reason for this request is to create a more uniform boundary line, thus reducing the chance of delay in providing emergency service in this area. In addition you would, of course, be able to receive City services. If you are interested in being included in this annexation, please fill out the enclosed forms NO LATER THAN JULY 2, 1999. I realize this is short notice, however, "a response is needed by this date in order to prepare the necessary changes for the required notification documents. If you have questions regarding this letter or the Boyle Annexation (ZCA99-0003), please feel free to contact me at 6394171 x407. Sincerely, ' t~'~~~~ Julia Powell Hajduk . ✓ 9V~~~ r9~~~4v' Associate Planner i:\curplnyuliaMeighbor zcalet.doc c: 1999 Planning correspondence file ~ ZCA 99-03 land use file L ~ ~ qG ~PS ~a ~ Zl ~ ~ o ~yq 19s~~v~~~e 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 , . • • . 1 HERBBY CERTIFY THAT THB FORBGOING IS A COMPLETE AND FJ(ACf COPY OF THB BEFORE THE METRO COUNCIL OR[GINAL THEREOF. , ~-A~V,.StieI»dt[K. e4 s7` Clerk of the Metro Council FOR THE PURPOSE OF AMENDING ) ORDINANCE NO. 99-803 . CHAPTER 3.09 OF THE METRO CODE ) RELATING TO LOCAL GOVERNMENT ) Introduced by Councilor McLain BOUNDARY CHANGES AND ) DECLARING AN EMERGENCY ) . WHEREAS, the 1997 Oregon Legislature adopted Chapter 516 of Oregon Laws of 1997, which abolished the Portland metropolitan area Boundary Commission effective January 1, 1999, and authorized Metro, pursuant to ORS 268.347 through ORS 268.354, to adopt procedural and . substantive provisions related to local government boundary changes; and WHEREAS, MPAC recommended to the Council that provisions be adopted to carry out the legisiative authorization subject to further refinement; and WHEREAS, the Council adopted 4rdinance 98-791 on December 17, 1998 which enacted Metro Code Chapter 3.09 Local Government Boundary Changes; and WHEREAS, MPAC after further study has recommended that the Council adopt amendments to Chapter 3.09 in order to provide for an expedited process for certain boundary changes and to clarify.other matters. . NOW THEREFORE, THE METRO COUNCIL ORDAINS AS FOLLOWS: 1. Chapter 3.09, Local Government Boundary Changes, is hereby amended . as set forth in Exhibit A, attached hereto and incorporated by reference; and 2. This Ordinance is necessary for the immediate preservation of public health, safety and welfare; and an emergency is therefore declared to exist, and this Ordinarice shall take effect immediately, pursuant to Metro Charter Section 39(1), in order for the amendments to , . Page 1- ORDINANCE NO. 99-803 ~ • • • ~ Chapter 3.09 to be in effect as soon as.possible because the Portland metropolitan area local government Boundary Commission was abolished on January 1, 1999. ADOPTED by the Metro Council this ?Q&tiay of MAUf" 1999. R d Monroe, residing Officer qTT Aproved as to Form: rdin ecre l B. C G eral Counsel i:\r-0\o 791.dce OGGsm Page 2- ORDINANCE NO. 99-803 , • • Ordinance No. 98-803 Exhibit A CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES SECTIONS TITLE 3.09.010 Purpose and Applicability 3.09.020 Definitions 3.09.030 Uniform Notice Requirements for Final Decisions 3.09.040 Minimum Requirements for Petitions 3.09.050 Uniform Hearing Requirements for Final Decisions 3.09.060 Creatiori of Boundary Appeals Commission 3.09.070 How Contested Case Filed 3.09.080 Alternate Resolution 3.09.090 Conduct of Hearing 3.09.100 Ex Parte Communications to the Boundary Appeals Commission 3.09.110 -Ministerial Functions of Metro 3.09.010 Purpose and Applicabilitv The purpose of this chapter is to carry out the provisions of ORS 268.354. This chapter applies to all boundary changes within the boundaries of Metro or any urban reserve designated , by Metro prior to June 30, 1997. Nothing in this chapter affects the jurisdiction of the Metro Council to amend•the region's Urban Growth Boundary. 3.09.020 Definitions As used in this chapter, unless the context requires'otherwise: (a) "Affected entity" means a county: city, eley eeunty,. or special district for which a boundary change is proposed or is ordered. (b) "Affected territory".means territory described in a petition. Page 1-Amended Chapter 3.09 ORDINANCE 99-803 . • . . . (c) "Approving entity" means the governing body of a city, county, city-county or district authorized to make a decision on a boundary.change, or its designee. . . (d) "Boundary change" means a major or minor boundary change, involving affected territorylying within the jurisdictional boundaries of Metro and the urban reserves designated by Metro prior to June 30, 1997. (e) "Contested case" means a boundary change decision by a city, county or district that is contested or otherwise challenged by a riecessary party. . (f) "District" means a district defined by ORS 198.710 or any district subject to the district boundary procedure act under state law. (g) "Final decision" fflea eEl i-"selut=e.. v-rQZ-iiurrce 'vf- azrugpTe~-i-ii~ entTCy-6hai -is---tir,• c : , ~ : e4 r ze av az-eir-a--beuftelc3i°y--Ghang a h., b•• „ F•• r,• ;a me a n s the action by an approvinq entity whether adopted bv ordinance, resolution or other means which is the determination of compliance of the proposed boundary chanqe with all applicable criteria and which requires no further discretionarv decision or action bv the approving entitv other than anv recruired referral to electors. "Final decision" does not include resolutions ordinances or other actions whose sole purpose is to refer the boundary chanqe to electors or to declare Che results of an election. (h) "Major boundary change" means the fbrmation, merger, consolidation or dissolution of a city or district. (i) "Minor boundary change" means an annexation or withdrawal of territory to or from a city or district or from a city-county to a city. "Minor boundary change" also means an extra-territorial extension of water or sewer service by a city or district. (j) "Necessary party" means: any county, city or district whose jurisdictional boundary or adopted urban service area includes any part of the affected territory or who provides-any urban service to any portion of the affect d territory, Metro, • and~any other unit of local government, as defined in ORS 190.003, that is a party to any agreement for provision of.an urban service to the affecCed territory. Page 2-Amended Chapter 3.09 ORDINANCE 99-803 • • (k) "Petition" means a petition, resolution or other form of initiatory action for a boundary change. (1) "Uncontested case"• means a boundary change decision by an approving entity that is not challenged by a necessary party to that decision. (m) "Urban services" means sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. 3.09.030 Uniform Notice Requirements for Final Decisions (a) The following minimum requirements apply to all boundary change decisions by-an approving enti:ty. Approvinq entities may choose to provide more notice than rectuired. These procedures are in addition to and do not supersede the apnlicable requirements of ORS chapters 197, 198,_ 221 and 222 and any city or county charter for boundary changes. Each approving entity shall provide for the manner of notice of boundary change decisions to affected persons. . (b) An approving entity shall set a time for deliberations on a boundary change within 30 days after the petition is completed. The approving entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice .in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 45 days prior to the date of decision for major boundary changes and for those minor boundary changes which are not within the scope of adopted urban service provider agreements and for which a shorter notice period has not been agreed to by all necessary parties. However, notice of minor boundary chanctes to soecial districts may be mailed and posted at least 40 davs Arior to the proposed date-of decision. Notice shall be published as required by state.law. (c) The notice of the date of deliberations shall: describe the affected territory in a manner that allows certainty; state the date,'time and place where the approving entity will consider the boundary change; and state the means by which any interested person may obtain a copy of the approving entity's report on the proposal. The notice shall state whether the approving entity intends to decide the Page 3-Amended Chapter 3.09 ORDINANCE 99-803 • • , . . boundary change without a public hearing unless a necessary party requests a public hearing. (d) An.approving entity may adjourn or continue its final decision on a proposed boundary change to another time. For a continuance later than 31 days after.the time.stated in the original notice, notice shall be reissued in the form required . by subsection (b) of this section at least 15 days prior.to the continued date of decision. For a continuance scheduled within 31 days of the previous date for decision, notice shall be adequate if it contains the date, time and place of-the continued date of decision. (e) An approving entity`s final decision shall be reduced to writing and authenticated as its official act within 3-45 workina days following the decision and mailed to Metro and to all necessary parties to the decision. The mailing to Metro shall include payment to Metro of the filing fee required pursuant to section 3.09.110. The date of mailing shall constitute the date from which the time for appeal runs for appeal of the decision to the Metro Boundary Appeals Commission. (f) Each county shal.l maintain a current map and list showing all necessary parties,entitled to receive notice of . proposed boundary changes. A county shall provide copies of the map, list, and any changes thereto, to Metro. 3.09.040 Minimum Reauirements for Petitions (a) A petition for a boundary change shall be deemed complete if it includes the following information: ' (1) The jurisdictibri of the approving entity to act on the petition; (2) A narrative, legal and graphical description of the affected territory in the form prescribed by the Metro Executive Officer; (3) For minor boundary changes, the names and mailing addresses of all persons owning property and all , electors within the affected territory as shown in the records of the tax assessor and county clerk; (4) A listing of the.present providers of urban services to the affected territory; Page 4-Amended Chapter 3.09 ORDINANCE 99-803 • (5) A listing of the proposed providers of urban services to the affected territory following the proposed boundary change; (6) The current tax assessed value of the affected territory; and (7) Any other information required by state or local law. (b) A city or county may charge a fee to recover its reasonable costs to carry out its duties and responsibilities under this chapter.. 3.09.045 Expedited Decisions (a) Approving entities may establish an expedited, decision process that does not require a public hearing consistent with this section Expedited decisions are not subiect to the requirements of Sections 3 09 030(b) and 3.09.050(a), (b), (c) (e) or (f) The expedited decision process mav onlv be utilized for minor boundary chanqes where the petition initiatinq the minor boundary chanae is accomAanied bv the written consent of one hundred percent - _(100%) of the property owners and at lea'st fifty percent (50%) of the electors, if any, within the affected territory. (b) The expedited decision process must provide for a minimum of 20 davs notice to all interested parties The notice shall state that the petition is subiect to the expedited orocess. The expedited process may not be utilized if a necessarv party aives written notice of its intent to contest the decision prior to the date of the decision A necessarv ipartv mav not contest a minor boundary chanae where the minor boundary change is explicitly authorized bv an urban services aqreement adopted pursuant to ORS 195 065 (c) At least seven davs prior to the date of decision the approvina entitv shall make available to the public a brief reAOrt that addresses the factors listed in Section 3.09.050(b). The decision record shall demonstrate com,pliance with the criteria contained in Sections 3 09 O50(d)and (g) (d) Decisions made pursuant to an expedited process are not subiect to aAneal by a necessary party pursuant to Section 3.09.070. Page 5-Amended Chapter 3.09 ORDINANCE 99-803 . • • 3.09.050 Uniform Hearina and Decision Requirements for Final _ Decisions Other Than Expedited Decisions (a) The following minimum requirements for hearings on boundary change decisions operate in addition to all procedural requirements for boundary changes provided for under ORS . chapters 198, 221 and 222. Nothing.in this chapter ailows an approving entity to dispense with a public hearing on a proposed boundary change when the public hearing is required by applicable statet4ieee statutes or is required by the approving entity's charter, ordinances or resolutions. neeessary , en a"F`efftpl'eted p'Etiti6fi-fAr-an--dnneCati-6irv Fzt-z-sztvry~ ai'' -~vut- a ~~bli-e-hearing~vhc-ii-a-dPeisie~it=euan-e hearing-. S alleiae~ by ntate and--lPGaZ1'a'W/ wTSen thGaif'P'etCQ'Z'r~-.t ~'-y--~~ ^ 7 r y '1 d.... eribeQ~i~'3 'GSCOZ'2Z^~'7"~ ~'V ("i-s'1and O f3Fdnet-9~LLi2'G~LCL.cLASLTi-fty~p'Cre'ent (-7 ~-v%) eT'ZZrC~LTC'c ~ i a tL, CTIe .'^T1Te'eteCC'tGTLTCe••••• z\t /1 0 ~ Y -~~!1 -ewner-~~Eatrens "T (b) Not later than 15 days prior to the date set for a boundarv chancte decision the approvinq entity shall make available to the public a report that addresses the criteria in subsection (d) and (cr) below, and that includes at a minimum the followincr : (1) The extent to which urban services presently are available to serve the affected territory including anv extra territorial extensions of service- . (2) A descrintion of how the proposed boundary change comnlies with any urban service provider aareements adooted oursuant to ORS 195.065 between the affected entitv and all necessary parties• (3) A description of how the proposed boundary change is consistent with the comprehensive land use,plans public facility plans reqional framework and functional Dlans reqional urban growth goals and obiectives, urban planning agreements and similar acxreements of the affected entity and of all necessary parties; . . Page 6-Amended Chapter 3.09 ORDINANCE 99-803 . • • • (4) Whether the pronosed boundary chanqe will result in the withdrawal of the affected territory from the leqal boundary of any necessary party• and (5) The broposed effective date of the decision Aa'1 '1ppYlltiii n7 tj` j, t'yui i evsauua.. a~., u Yubz iZ.-ii" effi--i f "E'ccssuTpp...,.y iFequ,....~`.-Q-a d.,iz' ' "..TEd t6ti.. apprevipxg tit la-t i.,~ a F r a •sr • E~-~iL --~3i~e~'--te~ .-rr-~.7cz. -6r ~ re - ~reea.-vrr-Tai..e reqaest feL--gub3i-e--hearingshalr,,tat.e7In. order to -have standina to appeal a boundary change decision pursuant to Section 3.09.070 a necessary party must appear at the hearing in person or in writinq and state reasons why the necessarv party believes the boundary change is inconsistent with the . approval criteria. A necessary party may not contest a boundarv chanae where-the boundary change is explicitly authorized bv an urban services actreement adopted pursuant to ORS 195.065. At any public hearing, the persons or entities proposing the boundary change shall have the burden to prove • that the petition meets the criteria for a boundary change. (a ) • • F N9~ ~l.~E'~'-~3c"~3~-9- a ccc.. . ~-prrvi- ~ ~v- a- ~rre c .a ~cr~e-se,- .-Te-r-u G E3-9-i6T. ; the uppi-Jv3-izg en t i ty-sh i i ~ ava-n-a-b lete; ne-pub3i-e-a--repe ~--t `~~-ineludes--at a miniffluffl the --------==~J -(1) -The ect~~~~-te whi-°~~an se- --es~Tesently-are avai,bl-e--teseroFe-th.. , ff.. et_ , t.. t..Vl~ . _ (2) --The-e3et~„~te-:ahi-°~ur-baft-ser,~f±ees-sei-ving--t4+e , affEt?be`'cnriitei`y re5ti-1t-&1°6m-emtt-uct-xritvrizr'r 'E"Kten4lriras ef $er=di-ec--vtit3id@---t-he-6E-'o"3 -E.'--p3i°6vidG T'-Ls legal ,eAmp.li. - s}, ~~~n~ ~ n c n i c t-, L, ' F~ ~-Ca e~~'a ~~GT~I'C~-'ZTTV077 CIa-~PG'e'1T-C1T~RZTCG'CQ' CiY3t l tf a~..._~ 1 _"'~;'e='~-_-«~~r .7 . l ~ - ; . ^_Z,T i y ,L++,~C~'City plRTi et~C~=GTIa! frRT[Se1V'eZZC~QTiQ ftinet?'9nal--piun9 ,-i'' @lgiffin"'rUi n aai-g=6v Jzi-g9ai-a-arrQ °t.. ~eetTv'"'cv , uib-3-L3-anni3g-agre2mc-nts--and-o rmrluY- anEl-ef- al-l neeessary , Page 7-Amended Chapter 3.09 ORDINANCE 99-803 • • , '-~---:rhether-the-grepesed beendary--eha nge-wi,zr t • th{--w-1 thd-1°3wzci 6'f--th'E--a-f-f-e a ,-e F r- t.. „ lega-3.-beunda - F i-ty; aa.u -(6) ic-pre'pvs"cd-ti•~feet-i-vE.''-da't~'G -@f tie'Qeeisi vir. (ed) An approving entity's final decision on a boundarv change shall • dee}sien tha'-bjeet te a-publi- stibstantia-l--eoi-de~ee in the reee=d e-f-~~~ t hea:ein' -Al-l aeundary ehange-elee-isiens-whet-he-r--made w-i'-~ev ithe,.t ..b, . #ear-ing-shall-include f indings ef €aet-and conclusions €r-et~ t-}3es.e-f; ~_~ngs--a-_,te addressinct-_the following ~-criteria f6^i d., . . (1) Consistenc with directlv applicable provisions in an urban service provider agreements or annexation plan adopted pursuant to ORS 195.065 '~etwee t-he-af€ eeted--eFtt-ity and all neeeseary ; (2) ConsistencY with directlv applicable provisions of urban planninq or other aqreements, other than acrreements adopted pursuant to ORS 195.065 between the affected entitv and a necessarv partv; (~3 ) ~'he deere-ren rs-eeneisteneConsistencv with specif ic directlv apolicable standards or criteria for boundarv chanaes contained in t-he-comprehensive land use plans,- and public facility plans;~ f.ineti9nal-plaFi9 , ti., l - ,en`. a similar- agreeinents e€~.-he affeet..d ent, j _ a f , , , neeeseary ~ . ~a) Consistencv with sAecific directly applicable standards or criteria for boundarv chanaes contained in the Reqional Framework Plan or anv functional plan; . (3) The af.f--~~ed- c'3--e iiAw--vr- euri--be--crcaQe-trvti.rriup it--cte =aei.~ve-"thG F F t.-. d t.. t.. i L. . t~. ewn F by eent ..t . t1.. etL.... (5) Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; (46) If the proposed boundary change is for annexation of territory to Metro, a determination by the Metro Council Page 8-Amended Chapter 3.09 ORDINANCE 99-803 . • • • that the territory should be included in the Urban Growth Boundary shall be the primary criteriaon for approval.-.L (7) Consistencv with other applicable criteria for the boundarY change in cuestion under state and local law. ( e ) in adek tren to--the-evite-ria-€er deei-e-ien-$ee ~..~--=n sub9 eetien (e)-e€this-s eetien, in the$e-eae ee-iherP-theagreements eran-trrbanr-servi-ee---te--the a€€eeted- tervite Reeessary When there is no urban service aareement adopted pursuant to ORS 195.065 that is applicabl*e and a boundarv chanae decision is contested by a necessarv vartv, athe approvinq entshall also address and consider, aFF==t=a te--r:'-er;.: information on the followina factors in determininct whether the proposed boundary,chanqe meets the criteria of Sections 3 09 O50(d)and (q)The findinas and conclusions adopted bv the approving entitv shall explain how these factors have been considered. (1) The relative Ffinancial, operational and managerial capacityies of alternative providers of the disputed urban services to the affected area; t-e-pT-ev4de--t-ke ee ; (2) The e€ €eet en- the ce9 t 6f-cire--t#rozcrx-9 ci~aFiee--t6 the tteers , alit -and antit of the urban services at issue with alternative providers of the urban services includina differences in cost and allocations of costs of the services and accountabilitv of the alternative roviders• ae~o~ee-tteere-teidenti€y-and-ee~a-6~r~~r..,. ; a,...,.~ i . : ease; and-te-dete-r4ni ae t-h _ _ _ _ _ _ tmtab-, (3) Physical factors related to the provision of tke-urban services bv alternative providers; . (4) For proposals to create a new entitv the feasibilitv of creatinq the new entit€eae~bi:14ty e , (5) The elimination or avoidance of unnecessary duplication of facilities; (6) Economic, demographic and sociological.trends and projections relevant to the provision of the urban services; Page 9-Amended Chapter 3.09 ORDINANCE 99-803 • • (7 ) T-he .r;-}eeatien-e€-e#argee am9ng tirbanee---se-a • n-a. ma~ner t- ;at--re€-leete di€ferenees'in the eests--e€ previ-ding--ser;zees-z e-th , . (47) Matching the recipients of tax supported urban services with the payers of the'tax; (48) The equitable allocation of costs to alternative urban service providers between new development and prior development; and (409 ) Economies of scale. (3-~10) Where a proposed decision is inconsistent with an adopted intergovernmental agreement_ . ~ finaz-deeisieft-shall-ine3~de faetual f-indin~te that the decision better,fulfills the criteria of S e c t e f thia ^~e~n_ 3.09.050 (d) considerinq factors (1) through (9) above. (gf) A final boundary change decision by an approving entity shall state the effective date, which date shall be no earlier than 3410 days following the date that the decision is reduced to writing, and.mailed to all necessary parties. However, a decision that has not been contested by any necessary party may.become effective upon adoption. (hg) Only territory already within the defined Metro Urban Growth.Boundary at the time a petition is complete may be annexed to a city or included in territory proposed for incorporation into a new city. However, cities may annex individual tax lots partially within and without the Urban Growth Boundary. 3.09.060 Creation of Boundary Appeals Commission (a) The Metro Boundary Appeals Commission is created to decide contested cases of final boundary change decisions made by approving entities. The Metro Counc.il shall appoint the . Commission which shall consist of three citizen members, one each to be appointed from a list of nominees provided to the Metro Executive Officer at least 30 days prior to the " commencement of each term.by Clackamas, Multnomah and Washington counties, respectively. The Council shall appoint two of the members for a initial four-year term and one for a nominal two-year term, the initial terms to be decided by Page 10 -Amended Chapter 3.09 ORDINANCE 99-803 . • • chance; thereafter, each .commissioner shall serve a four year term. Each Commission member shall continue toserve in that position until replaced. Commission members may not hold any elective public office. (b) The Metro Executive Officer shall provide staff assistance to the Commission and shall'prepare the Commission's annual budget for approval by the Metro Council. (c) At its.first meeting and again in its first meeting of each successive calendar year, the Commission shall adopt rules of procedure that address, among other things, the means • by which a position is declared vacant and the means of filling a vacant position; and, the Commission at that first meeting . shall elect a chairperson from among its membership, who shall serve iri tha,t position until a successor is elected'and who shall preside over all proceedings before the Commission. 3.09.070 How Contested Case Filed (a) A necessary party to a final decision that has appeared in person or in writing as a party in the hearing before the approving entity decision may contest the decision before the Metro Boundary Appeals Commission. A contest shall be allowed only if notice of appeal is served on the approving entity.no later than the close of business on the lOth day following the date that the decision is reduced to writing, authenticated and mailed to necessary parties.. A copy of the notice of appeal shall be served on the same day on Metro together with proof of service on the approving entity, the affected entity and all necessary parties. The notice of appeal shall be accompanied by payment of Metro's prescribed appeal fee. Service of notice of appeal on the approving entity, the affected entity and all necessary parties by mail within the required time and payment of the prescribed appeal fee shall be jurisdictional as to Metro's consideration of the appeal. (b) An approving entity shall prepare and certify to Metro, no later than 20 days following the date the, notice of appeal is served upon it, the record of the boundary change proceedings. (c) A contested case is a remedy available by riqht to a necessary party. When a notice of aQpeal is filed, a boundarv chanqe decision shall not be final until resolution of the . contested case by the Commission. Page 11 -Amended Chapter 3.09 ORDINANCE 99-803 ~ • , • (d) A final decision of an approvinQ entitv is subiect to apDeal to the Commission by a necessary party when it is the last action that needs to be taken bv the approvinq entitv prior to the referral of the boundarv chanQe to the electors in those cases where approval of the electors is reQUired or permitted. 3.09.080 Alternate Resolution . (a) On stipulation of all parties to a contested case made at any time before the close of the hearing before the Commission, the Commission shall stay further proceedings' before it for a reasonable time to allow the parties to attempt to resolve the contest by other means. (b) A contested case that is not resolved by alternate means during the time allowed by the Commission shall be rescheduled for hearing in the normal course. -(E) -A--G 6ntE'StC d-G d9-- ~--~►--cc-i-Effied' i"' ui e -I' .ti'. ry~t-, t= tv zc neeessary . r ' ehangE~E-lEE-3~3i'e L. ll At-be f-'rrr'al ui iti4 e,. l , n~~ f tt, eente-st-E.d--ease--by th.. G.. . 3.09.090 Conduct of Hearinct (a) The Commission shall schedule and conduct a hearing on a contested case no later than 30 days after certification of the record of the boundary change proceedings. (b) The Commission shall hear and decide a contested case only on the certified record of the boundary change'proceeding. No new evidence shall be allowed. The party bringing the appeal shall have the burden of persuasion. (c) The Commission shall hear, in the following order, the Metro staff report, if any; argument•by the approving entity and the affected entity; argument of the party that contests the decision below; and rebuttal argument by the approving entity and the affected entitiy. The Commission may question any person appearing before it. Metro staff shall not make a recommendation to the Commission on the disposition of a contested case. . (d) The deliberatioris of the Commission may be continued for a reasonable period not to exceed 30 days. Page 12 -Amended Chapter 3.09 ORDINANCE 99-803 . . • ~ • (e) The Chairperson may set reasonable time limits for oral presentation and may exclude:or limit cumulative, repetitious or immaterial testimony. The Chairperson sYiall cause to be kept a'verbatim oral, written, or mechanical record of all proceedings before the Commission. (f) No later than 30 days following the close of a hearing before the Commission on a contested case, the Commission shall consider its proposed written final order and shall adopt the order by majority vote. The order shall include findirigs and conclusions on the criteria for decision listed in section 3.09.050 (d) and (q) e` ~his ^ede. The order shall be deemed final when reduced to writing in the form . adopted, and served by mailing on all parties to the hearing. (g) The Commission shall affirm or deny a final decision made below based on substantial evidence in the whole record. The Commission shall have no authority to remand a decision made below for further proceedings before the approving-entity, and may only stay its proceedings to allow for alternate resolution as provided for in this chapter. 3.09.100 Ex Parte Communications to the Boundary Appeals Commission Commission members shall place in the record a statement of the substance of any written or oral ex parte communication on a fact in issue made to them during the pendency of the proceeding on a contested case. A party to the proceeding at -its request shall be allowed a reasonable opportunity to rebut the substance of the communication. 3.09.110 Ministerial Functions of Metro (a) Metro shall create and keep current maps of all service provider service areas and the jurisdictional boundaries of all cities, counties and special districts within Metro. The maps shall be made availAble to the public at a price that reimburses Metro for its costs. Additional information requested of Metro related to boundary changes shall be provided subject to applicable fees.. (b) The Metro Executive shall cause notice of all final boundary change decisions to be sent to the appropriate county assessor(s) and elections officer(s), the Secretary of State and the Oregon Department of Revenue. Page 13 -Amended Chapter 3.09 ORDINANCE 99-803 ~ ~ . (c) The Metro Executive Officer shall esbablish a fee structure for establishing the amounts to be paid upon filing notice of city or county adoption of.boundary changes,.appeals to the Boundary Appeals Commission and for related services. The fee schedule shall be filed with the Council Clerk and distributed to all cities, counties andspecial districts within the Metro region. sm\\metro2\oqc\deats\docs#07 o&d\13bound.arv\cd309#3.red.040699.doc . Page 14 -Amended Chapter 3.09 ORDINANGE 99-803 . , • • • STAFF REPORT CONSIDERATION OF ORDINANCE NO. 99-803, FOR THE PURPOSE OF AMENDING CHAPTER 3.09 OF THE METRO CODE RELATING TO LOCAL GOVERNMENT BOUNDARY CHANGES AND DECIARING AN EMERGENCY Date: April 20, 1999 Presented by: Councilor McLain PROPOSED ACTION Proposed Ordinance 99-803 would amend Ordinance No. 98-691 (Metro Code Title 3.09) relating to procedures and criteria used by the region's local governments to make boundary changes. The amendments provide clarifying technical changes that are designed to address concerns raised by local governments relating to certain language in the original ordinance. BACKGROUND AND ANALYSIS The Metro Charter provides that Metro study and make recommendations concerning the Portland Area Boundary Commission. MPAC convened a special subcommittee in 1995 to initiate . this work. The subcommittee recommended that Metro introduce legislation to abolish the * boundary commission and give the region's local governments the same general authority to make boundary changes that is exercised by local governments in the rest of the state. The proposed legislation also authorized Metro to establish uniform regional boundary change procedures and criteria to be used by local governments and create a regional commission to address boundary changes that result in a dispute between two or more jurisdictions. The 1997 Legislative Assembly enacted the proposed legislation, with amendments, and provided for the abolition of the boundary commission, effective December 31, 1998. MPAC again established a subcommittee to recommend proposed uniform hearing, notice and review criteria for use by local governments. The subcommittee also was charged with developing an expedited . process for non-controversial boundary changes and recommending operating procedures for the new regional appeals commission. In November 1998, the subcommittee made its recommendationswhich were approved by MPACs and drafted as Ordinance 98-691. Following the completion of the subcommittee'swork, -several local governments expressed concern about some of the language in the proposed ordinance, particularly relating to the need for a clear expedited process, confusion about the effect of certain review criteria, and the effect of the ordinance in those jurisdictions where all annexations required voter approval. Given the abolition date for the existing commission and the perceived need to have a replacement process in place by that date, the parties agreed that the proposed ordinance should be adopted, but that additional review of the proposed language . . should be made. The MPAC subcommittee continued to meet and has recommended the changes proposed in Ordinance 99-803. The proposed address several elements of the existing code. These include: 1) Definition of "Final Decision". The need to change the original definition was identified to clarify when an appeal to regional commission could be made in jurisdictions that require voter approval. (See Title 3.09.020(g)). • • ^ • • ' . . 2) Notice Period. Clarified that additional types of notice could be provided at the . discretion of the jurisdiction. Provides a specific minimum notice period for special districts. 3) Expedited Process. Section 3.09.045 establishes a clear expedited process for annexationswhere all of the property owners and at least 50°Jo of the electors have petitioned for the change. The process has a shorter notice period, al{ows for final disposition without a hearing, and requires a less extansive staff report. If a jurisdiction (defined as a necessary party) objects, then the normal consideration process, including a public hearing, must be used. Local governments had requested an expedited process because, in most cases, proposed annexations involve single parcels and are non-controversial. Such proposals could be processed quickly using the expedited process. 4) Review Criteria. The original review cciteria have been substantially rewritten. The new change seeks zo address several concerns. First, the new language clarifies the intent and applicability of the criteria. Second, it provides that cerkain factors must only be considered when a necessary party (another jurisdiction) contests the proposed change. Third, language has been added to provide that changes may not be contested by another jurisdiction if they are authorized by an adopted urban services agreement. Fourth, the criteria requiring consistency or compliance with regional plans, comprehensive land use plans and urban services agreements have been clarified. ' Recommendation . The changes in the proposed ordinancewere unanimouslyapproved by the MPAC subcommittee and the full MPAC.